HomeMy WebLinkAboutResolutions - 1982.12.16 - 13459Miscellaneous Resolution No. 82392 December 16, 1982
BY : PUBLIC SERVICES COMMITTEE - James E. Lanni, Chairperson
IN RE : AUTHORIZATION TO NEGCTIATE CONTRACT FOR LEGAL SERVICES CONCERNING
CETA AUDIT NO. A059-80-000116
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous
Resolutions No. 6546 and 8883 applied for and was granted the designation as
Prime Sponsor by the U. S. Department of Labor to administer the provisions
of the Comprehensive Employment and Training Act of 1973 and the Comprehensive
Employment and Training Act Amendments of 1978; and
WHEREAS the national CPA firms of Touche Ross and Alexander Grant
have been hired to recruit documentation for CETA audit questioned costs; and
WHEREAS a ninety (90) day extension of a final audit determination
will expire on December 30, 1982; without resolve or review of these questioned
costs by Department of Labor Officials; and
WHEREAS Department of Labor national policy now requires that 90% of
all questioned costs be collected as "bad debt"; and
WHEREAS eligible costs representing expenses for the training of
eligible enrollees does not constitute "bad debt"; and
WHEREAS national policy for debt collection is requiring litigation
by Prime Sponsors throughout the nation to resolve questioned costs; and
WHEREAS the expenses of this litigation are disallowed administrative
costs by the Department of Labor, but may be recouped as part of the litigation,
if it is successful
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County
Board of Commissioners be authorized to negotiate a contract for legal services
with a national law firm for the purposes of resolving outstanding questioned
costs
BE IT FURTHER RESOLVED that $20,000 will be the maximum cost for this
service, and that the expense will be allocated from the contingency expenses
account. In addition, all costs may be replaced, if the litigation is
successful
Mr. Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMIWEE
Carol J. Dick, Corporation Counsel
Becky Wischman, Elections
Professional Services Contract - CETA Audit
From: 7
To: ______
Subject:
OAKCIND COUNTY
inter-Derartmentai memo Date Feb ruary 25, 1 983
Please find enclosed for your file, the original
signed Professional Services Contract entered into
between the County and Charles Preston regarding
the CETA Audit.
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Enc.
The duties of Charles G. Preston shall be:
1. To supervise and assist the County in the preparation of
its case in Department of Labor Audit #A059-82-000116 for litigation
before an Administrative Law Judge.
2. To assist and/or prepare the necessary pleadings, memoranda,
other legal instruments and/or documents incidental to the prepara-
tion and litigation of this case.
3. To give other legal assistance and counsel as required.
4. To not engage in any activity or enterprise or assume any
employment which may conflict with his duties as outlined in this
Agreement.
The Duties of the County:
1. To pay Charles G. Preston for services rendered on the basis
of S100.00 per billable hour as well as reimbursement for the neces-
sary and reasonable expenses incidental to the performance of his
duties under this Agreement.
2. The County reserves the right to terminate this Contract,
when the Contractor has breached any of the terms and conditions
herein; or upon termination of the Contract as described below.
IT IS MUTALLY AGREED:
1. That the relationship of Charles G. Preston and the County
is and shall continue to be that of an independent contractor, and
#82392 December 16, 1982
Moved by Lanni supported by Moore-the resolution be adopted.
AYES: Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Kasper,
Lanni, Moore, Olsen, Page, Patterson, Perinoff, Pernick, Peterson, Price, Aaron,
_Cadde-11, Calandro. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
-STATE. OF MtCHJGAN1
COUNTY OF OAKLAND)_
1, 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 # 82392 .adopted by the Oakland County Board of
Commissioners at their meeting held on December 16, 1982
with the original record thereof now remaining in my o
and that it is a true and correct transcript therefrom, and
of the whole thereof.
In Testimony Whereof, 1 have hereunto set my hand and affixed
the seal of said County at Pontiac, Michigan
this 16th day of December 1982
Lynn D, Allen, County C1(
Register of Deeds 7