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
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Commissioners at their meeting held on January 17, 1978
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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