HomeMy WebLinkAboutResolutions - 1984.03.08 - 16841MISCELLANEOUS RESOLUTION # 84053 March 8, 1984
BY: PUBLIC SERVICES COMMITTEE, JAMES E. LANNI, CHAIRPERSON
IN RE: LEGAL SERVICES CONTRACT CONCERNING CETA AUDITS
TO THE OAKLAND CO -JNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and GentLemen:
WHEREAS the Oakland County Board of Commissioners, by
Miscellaneous Resolution Nos. 65 and 8883, applied for and was
granted the designation as Prime Sponsor by the D.S. Department of
Labor to administer the provisions of the Comprehensive Employment
and TraininE Act of 1973 and the Comprehensive Employment and
Training Act Amendments of 1978; and
WHEREAS costs have been questioned and/or recommended for
disallowance in OEM Audit A059-80-000116 (83-CTA-22) and CETA Audit
A059-82-00033 in an amount in excess of $4 Million Dollars; and
WHEP.HAS costs have been questioned and/or recommended for
disallowance in the FY-1983 CETA Special Purpose Close out Review
report in an amount of $1;1,779; and
WHEREAS the FY-1982/1983 Attachment "P" Audit which encoi-
passes CETA funds has not been finalized; and
WHEREAS Xlscellaneous Resolution Nos. 83035 and 83054
authorized the Chairperson of the Oakland County Board of Commissioners
to enter into a contract for legal services incidental to the resolu-
tion and/or litigation of Audits A059-80-000116 and Audit A059-82-000333,
in an amount not to exceed $60,000; and
WFEREAS the County entered into a contract for legal services
with Charles C. Preston on March 1, 1983; and
WHEREAS the County continues to require the legal services
of Charles C. Preston on Audit A059-80-000116 and Audit A059-82-000333
and further requ i res such legal services for the preparation of and/or
resolution of the FY-I983 CETA Special Purpose Closeout Review Report,
as well as legal assistance and services in connection with the
7Y-1982/1983 Attachment "7" Audit.
NOW THEREFORE 3E IT RESOLVED that the Chairperson of the
Oakland County Board of Commissioners is authorized to enter into the
Amended ?rofessional Services Contract for legal services with
Charles G. Preston for the purposes of assisting in the preparation,
negotiation, litigation and resolution of the Audits and Review
Report.
Yr. Chairperson, on behalf of the Public Services Committee,
I move the adoption of the foregoing Resolution.
PUBLIC SERVICES COMMITTEE
T. Mu
41111
.117/7. •-.
OING RESOLUTION
g/rijg,Y
AMENDED
PROFESSIONAL SERVICES CONTRACT
THIS AGREEMENT, made this 9th day of March, 198k, between
the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, herein-
after referred to as "County", and CHARLES G. PRESTON, 1112 13th
Street, N.W., Washington D.C. 20005;
WITNE.13SETH:
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 hereby retains CHARLES G. PRESTON as an inde-
pendent contrac t or, pursuant to Miscellaneous Resolutions 83035,
8305L and 8405,3, with the parties agreeing to the following terms
and conditions:
The duties of CHARLES G. PRESTON shall be:
1. To supervise and assist the County in the preparation
of its cases before the DEPARTMENT OF LABOR in Audit #A059-80-000116,
(8-C",1 A-22); Audit #A059-82-000333; FY-1983 CETA Special ?urpose
Close-out Review Report; and FY-1982/1983 Attachment "P" Audit, for
tne resolution, negotiation and/cr litigation at all stages up to and
including review before an Administrative Law Judge.
2. To assist and/or prepare the necessary pleadings,
memoranda, other legal instruments and/or documents incidental to the
preparation and/or litiv.ation of these cases and/or audits.
3. To give other legal assistance and counsel as required.
To refrain from 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 $100.00 per billable hour as well as reimbursement for the
necessary and reasonable expenses incidental to the performance of
his duties under this agreement in a sum not to exceed $60,000.00.
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 MUTUALLY AGREED:
1. That the reationship of CHARLES G. PRESTON and the
County is and shall continue to be that of an independent contractor,
and no liability or benefits such as, but not limited to, Workers'
Compensation benefits, retirement and pension benefits, insurance
benefits, or such other rights or liabilities arising out of an
employer/emplo y ee relationship shall arise to either party as a
result of this Contract.
2. CHARLES G. PRESTON, as an independent contractor, shall
held the COUNTY OF OAKLAND harmless in any action related to his
professional work practice.
3. This Contract shall be considered effective as of
March 1, 1984, and supercedes any and all previous Contracts executed
between the parties.
LI This Contract shall terminate when:
(a) Funding forlegal fees are expended and no
replenished by the Board of Co
t
Commissioners; or
(b) The questioned and disallowed costs are resolved
to the satisfaction of the County, whether by
-Ing but not Informal means or liti gation, includ
limited to appeals; or
(c) ?heCounty terminates this Contract under one of
the provisions above; or
(d) CHARLES 3. PRESTON withdraws his legal services
from the County.
IN WITNESS WHEREOF, the parties have executed this Contract
on the respective dates hereunder indicated.
WITNESSES:
WITNESSES:
CANDI L. CARET
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
By:
RICHARD R. W,LCOX, Ch-L7]7:7Von,
Board of Commissioners
Dated: March 9, 1984
fl e&t, C/7
CHARLES G. PRESTON
Dated: March 19, 1984 4.'497 9!
fINDA S.GECROZ
APPFOVED AS TO l'70HX:
— 7
177,4
/LINDA WASIELEWgKI
Assistant Corporation Counsel
1200 North Telegraph Road
Y Pontiac, ichigan 48053
#84053 March 8, 1984
this _ 8th day of Marc 19 34
ALLEN
County Clerk/Register of Deeds
a ,A
Moved by Lanni supported by Law the resolution be adopted.
AYES: McPherson, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Wilcox,
Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Hobart, Jackson, R. Kuhn,
S. Kuhn, Lanni, Law. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OP OAKLAND)
I, Lynn D. Alien, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners --
at their meeting held on March 8 4 1984
with the orginial 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, have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan