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GENERAVGOVtiTMENT COkMITTEE
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February 1, 1979
8777 RESOLUTION NO.
RE: CONTRACT WITH ANTON J. GUYER
AS INDEPENDENT CONTRACTOR
BY: GENERAL GOVERNMENT COMMITTEE
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, the County of Oakland has employed Anton
J. Guyer, by Contract, to assist the County in Inter-
governmental relations; and
WHEREAS, the Contract terminated on December 31,
1978; and
WHEREAS, the Board of Commissioners deems it to be
in the best interest of the County to have a new Contract
with Anton J. Guyer.
NOW THEREFORE BE IT RESOLVED that the County of
Oakland enter into a Contract with Anton J. Guyer, an
independent Contractor, to perform services pertaining
to inter-governmental relations.
BE IT FURTHER RESOLVED' that the Chairman of the
Oakland County Board of Commissioners be and he is hereby
authorized to enter into a contract in accordance with the
terms and conditions of the contract attached hereto and
made a part hereof.
The General Government Committee, by Mr. Robert H.
Gorsline, Chairman, moves the adoption of the foregoing
Robert H. Gorsline, Ch4irman
.1-
L.
CONTRACT
THIS AGREEMENT, made this 1st day of April, 1979, between
the COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
hereinafter called "County" and ANTON J. GUYER, hereinafter called
"Consultant";
WITNESSETH:
For and in consideration of the mutual covenants and agreements
herein contained, it is agreed by and between the parties hereto
that the County retains the Consultant and the Consultant agrees,
as an independent contractor, to act as a consultant to the County
under the following terms and conditions:
1. The duties of the Consultant shall be as follows:
A. To assist the County in inter-governmental relations
including but not limited to liaison between the County and the
various townships, villages and cities within the County;
B. Liaison between the County and the National Association
of County Officials;
C. Liaison between the County and the Michigan Association
of Counties;
D. Other assignments by the Chairman of the Oakland County
Board of Commissioners involving inter-governmental relations;
2. The Consultant shall be under the direction of the Chairman
of the Oakland County Board of Commissioners.
3. The Consultant shall attend meetings of the Board of
Commissioners and all Committees thereof.
4. The Consultant shall make himslef available at all
reasonable times for consultation with all members of the Board
of Commissioners and such other persons as the Chairman of the
Board of Commissioners may direct.
5. The Consultant shall not engage in any activity or enter-
prise or assume any employment or accept any position which may
conflict with the inter-governmental program of the County or any
of its political subdivisions during the life of this Contract.
6. The Consultant shall inquire into and promptly report
to the Chairman of the Board of Commissioners or such committee,
department or departments, as the Board shall direct, on all
matters relating to inter-governmental relations which shall affect
the County or any of its political subdivisions during the life of
this Contract.
7. The County shall pay to the Consultant the sum of
$13,125.00 for the period between April 1, 1979 and December 31,
1979, payable in equal semi-monthly installments. The County
shall pay to the Consultant the sum of $17,500.00 for the period
from January 1, 1980 to December 31, 1980, payable in equal
semi-monthly installments.
8. The Consultant shall pay his expenses except he shall
be entitled to his reasonalbe and necessary traveling expenses
incurred while on County business away from the geographical area
described as Oakland, Wayne and Macomb Counties. The expenses
shall be in accordance with the Oakland County Executive Travel
Regulations and approved by the Chairman of the Board of Commissioners.
9. If Consultant shall beincapacitatedto a degree which, in
the judgment of the Chairman of the Board of Commissioners, shall
render him ineffective in performing the necessary services con-
templated in this Contract, then the County shall have the right,
at its option, to either declare this Contract terminated and all
relationship between the County and the Consultant ended, or
suspend the respective duties and liabilities under this Contract
until, in the opinion of the Chairman of the Board of Commissioners,
said Consultant is able to resume the performance of his services
as contemplated under this Contract.
10. The Consultant agrees that at all times he will conduct
himself with decorum and propriety commensurate with the dignity
of his undertaking.
11. The County shall have the right to terminate and cancel
this Contract and all rights, duties and obligations herein created
shall terminate upon ten (10) days written notice to the Consultant.
IP Ammi, 4 . 1
lifAnton J. G.,rr, Con '
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4.1‘!:gide 7,4/ / A
Wallace. . :;"er, Jr. Chairman
Oakland County Board of
Commissioners
tant -1
12. The Consultant shall have the right to terminate and
cancel this Contract and all rights, duties and obligations herein
created shall terminate upon ten (10) days written notice to the
County.
13. The relationship of Consultant to the County is and shall
continue to be that of an independent contractor and no liability
or benefits, such as Workmen's Compensation benefits or liabilities,
retirement benefits or liabilities, pension benefits or liabilities,
insurance rights or liabilities, or such rights, provisions, or
liabilities arising out of a contract of hire or empoyer-employee
relationship, shall arise or accrue to either party as a result
of this Agreement and undertaking.
14. This Contract shall become effective on the let day
of April, 1979 and shall terminate on the 31st day of December, 1980.
15. This Contract is made and executed pursuant to
Miscellaneous Resolution No. 8777 of the Oakland County Board of
Commissioners, adopted on the first day of February , 1979.
IN WITNESS WHEREOF, the parties hereto have execgted this
Agreement on the day and date first above written.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
#8777 • February 1, 1979
Moved by Gorsline supported by Aaron the resolution be adopted.
Moved by Doyon supported by Fortino the resolution be amended under item #5
to include Rule 19 of the Oakland County Merit System Rules - "Political Activities".
AYES: Kelly, Lewand, Moore, Perinoff, Pernick, Price, Roth, Aaron, DiGiovanni,
Doyon, Fortino. (11)
NAYS: Hobart, Hoot, McConnell, McDonald, Montante, Moxley, Murphy, Page,
Patterson, Peterson, Wilcox, Dunaskiss, Gabler, Gorsline. (14)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Price the resolution be amended by including the following:
"Rule 19 - Political Activities
C. Neglecting his or her assigned duties or responsibilities because of
permitted political activity. This includes the circulating of nominating petitions
for political office during working hours.
D. Using office, public position, public property or supplies to secure
political contributions or to influence a partisan or non-partisan election to fill
an office at any level of government.
E. Soliciting or receiving anything of value as a partisan or non-partisan
political contribution or subterfuge for such contribution from any other person.
H. Discriminating in favor of, or against, an officer, employee or applicant, on
account of his or her political contribution or permitted political activity at any
level of government". No support.
The Chairperson ruled the amendment out of order.
Mr. Price appealed the decision of the Chair. Supported by Mr. Lewand.
The Chairperson stated that those in favor of sustaining the Chair, say 'aye' and
those opposed, say 'no'. The vote was as follows:
AYES: Hoot, McConnell, McDonald, Montante, Soxley, Murphy, Page, Patterson,
Peterson, Wilcox, Dunaskiss, Gabler, Gorsline, Hobart. (14)
NAYS: Kelly, Lewand, Moore, Perinoff, Pernick, Price, Roth, Aaron, DiGiovanni,
Doyon, Fortino. (11)
A sufficient majority having voted therefor, the decision of the Chair was
sustained.
Discussion followed.
Moved by Doyon supported by Fortino the resolution be amended as follows:
"Neglect his duties, nor shall this individual neglect his assigned duties, or
responsibilities because of political activities, this includes circulating
nominating petitions for political office during working hours. Using office,
public position, public property supplies to secure political contributions, or
contributions to non-profit organizations or to influence a partisan, non-partisan
election or appointment to fill any office at any level of government. Soliciting
or receiving anything of value as a partisan, non-partisan, non-profitable
organization, political contribution or subterfuge for any contribution from any
person".
AYES: Kelly, Lewand, Moore, Perinoff, Pernick, Price, Roth, Aaron, DiGiovanni,
Doyon, Fortino. (11)
NAYS: Hoot, Kasper, McConnell, McDonald. Montante, Moxley, Murphy, Page,
Patterson, Peterson,Wilcox, Dunaskiss, Gabler, Gorsline, Hobart. (15)
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution:
AYES: Kasper, McConnell, McDonald, Montante, Moxley, Murphy, Page, Patterson,
Perinoff, Peterson, Wilcox, Aaron, DiGiovanni, Dunaskiss, Gabler, Gorsline, Hobart,
Hoot. (18)
NAYS: Kelly, Lewand, Moore, Pernick, Price, Roth, Doyon, Fortino. (8)
A sufficient majority having voted therefor, the resolution was adopted.
•P.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #8777 adopted by the Oakland County Board of
Commissioners at their meeting held on February 1, 1979
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
this 1st day of February
Lynn D. Allen Clerk
By Deputy Clerk