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HomeMy WebLinkAboutResolutions - 1978.01.17 - 12700anni, Vice Chairman December 15, 1977 RESOLUTION NO. 8309 RE: CONTRACT WITH ANION J. GUYER AS INDEPENDENT CONTRACTOR BY: General Government Committee, James E. Lanni, Vice Chairman TO: THE OAKLAND COUNTY BOARD OF COTIIIISSIONERS MR. CHAIRPERSON, 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, that Contract terminates on December 31, 1977; 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, for an additional year. NOW THEREFORE BE IT RESOLVED that the County of Oakland enter into a Contract with Anton J. Guyer, an independent contra c tor, to perform services pertaining to inter-governmental relations. BE IT FURTHER RESOLVED that the Chairperson 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. GENERAL GOVERNMENT COMMITTEE CON T H A C T THIS AGREEMENT, made this 17th day of January, 1978, between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, here- inafter called "County", and A=C:; J. GUYER, hereinafter called. "Consultant"; WITNESSETH: For and in consideration of the mutual covenants and agree- ments 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: I. 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 Associ- ation of County Officials; C. Liaison between the County and the Michigan Associ- ation 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 Chair- man 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 himself 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 into 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 oolftical subdivisions during the life of this Contract. 7. The County shall pay to the Consultant, the sum of $17,500.00 annually, during the term of this Contract, payable in equal semi-monthly installments. 8. The Consultant shall pay his expenses except he shall be entitled to his reasonable 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 apbroved by the Chairman of the Board of Commis- sioners. 9. If Consultant shall be incapacitated to a degree which, in the judgment of the Chairman of the Board of Commissioners, shall render him. ineffective in performing the necessary services contemplated 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 sus- pend 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 as-sane 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 proorfety commensurate with the dignity of his undertaking. ••n• WITNESSES: COUNTY OF OAKLAND, Michigan ConstitutionalsCopratio allace f aabler, Jr.Zehairman Oakland County Bard WCommissioners er,/CVnsultant Anton 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. 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 other rights, provisions, 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 and undertaking. 14. This Contract shall become effective on the 17th day of January, 1978 and shall terminate on the 31st day of December, 1978. 15. This Contract is made and executed pursuant to Miscel- laneous Resolution No. 8309 of the Oakland County Board of Commis- sioners, adopted on the 17th day of January, 1978. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and date first above written. #8309 January 17, 1978 Moved by Lanni supported by Perinoff the resolution be adopted. Moved by Pernick supported by Fortino the contract be amended under Paragraph #14 by deleting the words and shall terminate on the 31st day of December, 1978", and insert the words "and shall terminate on the 1st day of June, 1978". AYES: Pernick, Price, Simson, Aaron, Daly, DiGlovanni, Doyon, Fortino, (8) NAYS: Montante, Moxley, Murphy, Patterson, Perinoff, Peterson, Wilcox, Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni, McConnell, McDonald. (15) A sufficient majority not having voted therefor, the amendment failed. Moved by Doyon supported by Daly the Contract be amended under Paragraph #4 by deleting the words "the Chairman" and inserting "all members", it would read as follows: "The Consultant shall make himself 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". A sufficient majority having voted therefor, the amendment carried. Discussion followed. John King requested to address the Board. There were no objections. Mr. King addressed •the Board. Moved by Perinoff supported by Lanni the rules be suspended for immediate consideration of the resolution. AYES: Moxley, Murphy, Patterson, Perinoff, Peterson, Simson, Wilcox, Aaron, DiGiovanni, Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni, McConnell, McDonald, Montante. (18) NAYS: Pernick, Price, Daly, Doyon, Fortino. (5) A sufficient majority having voted therefor, the motion carried. Vote on resolution, as amended: AYES: Patterson, Perinoff, Peterson, Price, Simson, Wilcox, Aaron, DiGiovanni, Gabler, Gorsline, Hoot, Kelly, Lanni, McConnell, Montante, Moxley. (16) NAYS: Murphy, Daly, Doyon, Fortino, Kasper. (5) A sufficient majority having voted therefor, the resolution as amended, 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 #8309 adopted by the Oakland County Board of ••n••••••••0000601,0000•01,0•••••P0P0'0 DR•0••00•••-••••e—p,..“ .................. Commissioners at their meeting held on January 17, 1978 004 Deere 00000000000 000000d-000 00.010 00 0000“•••00 0e •e ...... ..1,pCPPOP OPO•P 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 17th January 78 this..................... day of 19.... Lynn D. Allen..........a...........CIerk By............... ..... ........... Deputy Clerk