HomeMy WebLinkAboutResolutions - 1978.12.07 - 12620`..3ioners be and i orized to sign said contract,
PUBLIC SERVICES COMMITT
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Henry. Hoot, Chai 111;1
November 30, 1978
MISCELLANEOUS RESOLUTION # 8721
BY: PUBLIC SERVICES COMMITTEE, HENRY W. HOOT, CHAIRMAN
IN RE: APPROVAL OF CONTRACT FOR PROBATION SERVICES FOR THE FOURTH
DIVISION OF THE 52ND DISTRICT COURT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the Judges of the 52nd District Court, Fourth Division have
requested that continuation of their Volunteer Probation be provided for
1979 and the portion of the current year spent in operation as a District
Court; and
WHEREAS these volunteer probation officers would be able to donate
evenings to meet with the 95% of defendants placed on probation who have
day jobs and would otherwise be required to report to the Oakland County
Probation Department during the day; and
WHEREAS $3,085 has been appropriated in the 1978 budget for the Fourth
Division, 52nd District Court professional services line-item to fund this
program from November 1 to December 31 of 1978, and $18,500 has been in-
cluded in the County Executive's Recommended Budget for 1979; and
WHEREAS Daniel J. Desmet directs the probation program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approve the execution of the attached contract with Daniel J. Desmet.
BE IT FURTHER RESOLVED that the Chairman of the Oakland County Board of
The Public Services Committee, by Henry W. Hoot, Chairman,
adoption of the foregoing resolution,
Monthly
Payment
932
25
10
50
35
25
621
Total
Payment
13,048
350
140
700
490
350
AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of
November , by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, the Control Unit for the 52nd District
Court, 4th Division, hereinafter called the "County", and
DANIEL J. DESMET, hereinafter referred to as "Contractor";
WHEREAS, the 52nd District Court, 4th Division, has hereto-
fore had a probation program; and
WHEREAS, the said Court desires to continue the probation
program in the present form; and
WHEREAS, Daniel J. Desmet directs the probation program;
NOW THEREFORE, the parties hereto agree as follows:
1. The Contractor shall provide probation services to the
52nd District Court, 4th Division.
2. The County shall pay for such services as follows:
Personal Services
Training Sessions
Postage
Telephone
Office Supplies
Miscellaneous
Rent (pending County
Providing facilities)
3. The Contractor shall not engage in any activity or enter-
prise or assume any employment or accept any position which may
conflict with his duties as outlined in this Contract.
4. The Contractor agrees that he will, at all times, con-
duct himself with decorum and propriety commensurate with the
dignity of his undertaking.
5. The Contractor shall report to the Court Administrator
of the 52nd District Court, 4th Division.
6. The County reserves the right to terminate this Contract
when in its opinion the Contractor has breached any of the terms
and conditions herein, upon ten (10) days written notice to the
Contractor.
7. The Contractor shall have the right to terminate and can-
cel this Contract and all rights, duties and obligations herein
created shall terminate upon ten (10) days written notice to the
County.
8. The relationship of the Contractor to the County is and
shall continue to be that of an independent contractor and no
liability or benefits such as, but not limited to workmen's com-
pensation benefits, retirement and pension benefits, or insurance
benefits, or such other rights or liabilities arising out of a
contract of hire or employer-employee relationship, shall arise or
accrue to either party as a result of this agreement.
9. The Administrator of Probation Services for Oakland County
shall monitor the performance of the Contractor to ensure that
acceptable professional probation standards are maintained by
the Contractor and the Administrator shall report his findings to
the Public Services Committee within six months of the approval
of this contract.
10. This Contract shall become effective on the day and date
first above written and shall terminate on the 31st day of
December, 1979.
11. This Contract is made and executed pursuant to Resolution
No. 8721 of the Oakland County Board of Commissioners adopted on
the 7th day of December , 1978.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above written.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
By:
#8721 December 7, 1978
Moved by Hoot supported by Simson that resolution #8721 be adopted.
Discussion followed.
AYES; Pernick, Peterson, Price, Roth:, Simson, Aaron, Daly, DiGiovanni,
Doyon, Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt,
Montante, Moxley,, Murphy, Olson, Page, (23)
NAYS: Fortino. (1)
A sufficient majority having voted therefor, Resolution #8721 was adopted.
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 #8721 adopted by the Oakland County Board of
Commissioners at their meeting held on December 7, 1978
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
7th December lo 78 thi SPO0OOOGIGO00004.00004,00day Of.$000,9004"&f.00.I.,CCOO
Lynn D. Clerk
By................................. Deputy Clerk