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HomeMy WebLinkAboutResolutions - 1990.07.19 - 18265July 19, 1990 MISCELLANEOUS RESOLUTION #90171 BY: FINANCE COMMITTEE, G. William Caddell, Chairperson IN RE: BOARD OF COMMISSIONERS - Professional Services Agreement with Bassett & Bassett TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Mr. Chairperson, Ladies and Gentlemen: WHEREAS, it is necessary for the County of Oakland to obtain communication services for the development of an educational program regarding the Act 641 Solid Waste Plan; and WHEREAS, it is recommended that the firm of Bassett & Bassett be retained to develop a plan of work for such an educational program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract retaining Bassett & Bassett with a limit of $10,000 for the purpose of formulating a work plan for an education program on the Act 641 Solid Waste Plan. BE IT FURTHER RESOLVED that the Board Chairperson is directed to execute said document. FINANCE COMMITTEE //1/104f-K INGRESOWTION iCif TH ' HE , APPROVE E FOREG Oaniel . Murpt IrC COMMUNICATION MANAGEMENT AND CONSULTING AGREEMENT This agreement is made this day of July, 1990, by and between BASSETT & BASSETT, INCORPORATED, 672 Woodbridge Street, Detroit Michigan, USA 48226-4302, a Michigan corporation, hereinafter referred to as BASSETT, and the COUNTY OF OAKLAND, 1200 North Telegraph Road, Pontiac, Michigan 48341-1043, a Michigan constitutional corporation, hereinafter referred to as CLIENT. IT IS AGREED: For and in consideration of the sum of the payments of the amounts hereinafter specified, the parties agree to and promise as follows: 1. Employment: CLIENT agrees to retain and employ BASSETT as communication managers and counselors commencing May 1, 1990. 2. Acceptance: BASSETT accepts such employment and retention and agrees to perform the services of communication managers and counselors advising CLIENT on its communication management and counseling needs as set forth below. 3. Time of Performance: This retainer and . • employment of BASSETT shall commence upon May 1, 1990, and shall continue until the work plan is delivered to CLIENT, or until termination by either party as provided by this Agreement. 4. Professional Services: BASSETT shall provide professional communication management and counseling services to formulate a work plan and strategy development for an educational program for CLIENT'S Act 641 Solid Waste Plan as supported by resources provided by CLIENT. BASSETT shall counsel, advise and perform professional services including, but not necessarily limdte'd to: Communication management, communication counsel, communication analysis and assessment, communication program design, and other professional services mutually agreed upon between BASSETT and CLIENT. In addition to any responsibilities conferred upon BASSETT pursuant to this Agreement, BASSETT shall have the subject to CLIENT'S approval, to select any individual or company for the purposes of sub-contracting for or otherwise per- forming professional services to the benefit of CLIENT as part of this Agreement. 5. Compensation: CLIENT agrees to compensate BASSETT for the professional services of its employees and asso- ciates at hourly rates to be agreed upon between CLIENT and BASSETT. BASSETT agrees to keep accurate records for all time and expenses incurred on behalf of CLIENT and submit bills to CLIENT along with corresponding, itemized expense reports, on a monthly and systematic basis. The CLIENT reserves the right toapprove those individuals assigned to this project. Production services and other services purchased by BASSETT on behalf of CLIENT are subject to a fifteen (15) percent administrative production services charge for which CLIENT agrees to compensate BASSETT. 6. Expenses: In addition to any professional fees, CLIENT shall reimburse BASSETT for actual expenses incurred in the performance of professional services on behalf of CLIENT. Those expenses include, but are not necessarily limited to, com- munication products, transportation in all forms, meal and lodging expenses, telecommunication charages, copying charges, postage, specialist consulting fees, and other direct expenses as may he required. BASSETT shall provide copies of invoices to verify expenses. 7. Expense Deposit: BASSETT acknowledges, upon receipt of this Agreement, that it has received the sum of Ten Thousand ($10,000) Dollars as total payment for all services and expenses performed under this contract. 8. The Essence of Time: It is specifically agreed by the parties hereto that time and payment are of the essence in -3- this Agreement. BASSETT agrees to promptly perform professional services called for by CLIENT under this Agreement. BASSETT may, at its option, terminate this Agreement upon witten notice to CLIENT in the event of irreconcilable difference of professional opinion. 9. Damages: In the event of termination by BASSETT for any reason and after written notice of such termi- nation by BASSETT to CLIENT, CLIENT agrees to pay BASSETT professional service fees and expenses incurred to the date of termination or incurred after the date of termination as necessary for the orderly and professional conclusion of the Agreement and work in progress at the date of termination. 10. Termination: Either party to this Agreement may terminate this Agreement upon thirty (30) days' written notice to the other party, provided CLIENT agrees to pay to BASSETT pro- fessional fees, charges, expenses and other invoices of BASSETT billed or incurred as of the effective date of termination or in- curred after the date of termination as necessary for the orderly and professional conclusion of the Agreement or work in progress at the date of termination. 11. Relationship of Parties: BASSETT is retained by CLIENT only for the purposes and to the extent herein, and BASSETT'S relationship during the period of this Agreement to CLIENT shall be that of an independent contractor. 12. Waiver of Default: Failure of BASSETT or CLIENT to exercise any right under this Agreement shall not be deemed a waiver of that right or any other right existing hereunder. 13. Professional Standards of Behavior: Exhibit A is the Code of Professional Standards for the Practice of Public Relations of the Public Relations Society of America, a group to which BASSETT belongs and to whose standards it subscribes. Additionally, BASSETT shall strictly adhere to all local, state and federal regulations which may apply to communication programs for CLIENT. CLIENT agrees to become familiar with all such laws which are applicable to their communication programs and to the performance of this Agreement, to notify BASSETT of any such applications, and to conduct such programs in compliance with any such laws. 14. Client Cooperation: CLIENT agrees to be timely, reasonable and cooperative in its consultations, review and considerations with BASSETT. CLIENT agrees not to unrea- sonably withhold its best information, knowledge, counsel, advice and cooperation from BASSETT in any manner which would affect BASSETT'S ability to perform its professional services as outlined in this Agreement. - 5 - 15. Michigan Law: This Agreement and all actions arising hereunder shall be governed by, subject to, and construed according to the laws of the State of Michigan, United States of America. 16. Indemnity and Hold Harmless: CLIENT shall and does hereby indemnify BASSETT against any damages, costs and expenses, including actual attorney fees, incurred in defending any action or proceedings arising out of the proper professional performance of the Agreement or the release of any material fur- nished to BASSETT by or on behalf of CLIENT and of any mate- rials approved by or on behalf of CLIENT, and CLIENT does hereby hold BASSETT harmless from any such damages, costs and expenses. BASSETT shall and does hereby indemnify CLIENT against any damages, costs, and expenses, including actual attorney fees, incurred in defending any action or proceedings attributable to the negligent acts or omissions of BASSETT and its employees arising from its professional performance under this Agreement. 17. Entire Agreement: The foregoing contains the entire Agreement of the parties hereto, and no modification thereof shall be binding upon the parties unless the same is in writing, signed by the respective parties hereto. 6 PEVIEV.'ED MOD APPROVED AS TO LEGAL SUFKIEIKY Depgruniont of • E. westsiooil. Piot lair Lear IN WITNESS WHEREOF, we the undersigned have executed this Agreement in duplicate the date and year so stated. WITNESS:: BASSETT & BASSETT, INCORPORATED a Michigan corporation By: LELAND K. BASSETT Its: Chairman Date: WITNESS: COUNTY OF OAKLAND, a Michigan constitutional corporation By: ROY REWOLD Its: Chairperson, Board of Commissioners Date: Bassett & Bassett Bassett & Bassett Incorporated Communication Managers and Counselors 672 Woodbridge Street Detroit, Michigan 48226-4302 313-567-4150 Professional Services Fees Schedule Bassett & Bassett, Incorporated As Of April 30, 1990 Bassett, Leland K: Chairman Bassett, Tina: President Bernstein, Marty: Writer-Producer Boram, Joan: Writer-Researcher Brose, Paula: Media Buyer Jablonski, David A: Publicist - -Bassett, Joshua A: Publicist Butterfield, Angela: Publicist Summerville, Evelyn L: Publicist Sherman, Shelia: Proofreader Jenkins, Jean S: Office Manager $130.00 per hour $130.00 per hour $100.00 per hour $ 60.00 per hour $ 60.00 per hour $ 60.00 per hour $ 50.00 per hour $ 50.00 per hour $ 45.00 per hour $ 35:00 per hour $ 25.00 per hour 111101011111n41111 IlaIllk 11111119111BVIONUMIll 1111 . NMI 111174111111 CODE OF PROFESSIONAL STANDARDS FOR THE PRACTICE OF PUBLIC RELATIONS Public Relations Society of America This Code was adopted by the PRSA Assembly in 1988. It replaces a Code of Ethics in force since 1950 and revised in 1954, 1959, 1963, 1977, and 1983. Declaration of Principles Members of the Public Relations Society of America base their professional principles on the fundamental value and dignity of the indi- vidual, holding that the free exercise of human rights, especially freedom of speech, freedom of assembly, and freedom of the press, is es- sential to the practice of public relations. In serving the interests of clients and em- ployers, we dedicate ourselves to the goals of better communication, understanding, and co- operation among the diverse individuals, groups, and institutions of society, and of equal opportunity of employment in the public rela- tions profession. We pledge: To conduct ourselves professionally, with truth, accuracy, fairness, and responsibility to the public; To improve our individual competence and advance the knowledge and proficiency of the profession through continuing research and education; And to adhere to the articles of the Code of Professional Standards for the Practice of Pub- lic Relations as adopted by the governing As- sembly of the Society. Code of Professional Standards for the Practice of Public Relations These articles have been adopted by the Public Relations Society of America to promote and maintain high standards of public service and ethical conduct among its members. 1. A member shall conduct his or her profes- sional life in accord with the public interest. 2. A member shall exemplify high standards of honesty and integrity while carrying out dual obligations to a client or employer and to the democratic process. 3. A member shall deal fairly with the public, with past or present clients or employers, and with fellow practitioners, giving due respect to the ideal of free inquiry and to the opinions of others. 4. A member shall adhere to the highest stan- dards of accuracy and truth, avoiding extrav- agant claims or unfair comparisons and giving - credit for ideas and words borrowed from others. 5. A member shall not knowingly disseminate false or misleading information and shall act promptly to correct erroneous communications for which he or she is responsible. 6. A member shall not engage in any practice which has the purpose of corrupting the integ- rity of channels of communications or the pro- cesses of government. 7. A member shall be prepared to identify publicly the name of the client or employer on whose behalf any public communication is made. 8. A member shall not use any individual or organization professing to serve or represent an announced cause, or professing to be indepen- dent or unbiased, but actually serving another or undisclosed interest. 9. A member shall not guarantee the achievement of specified results beyond the member's direct control. 10. A member shall not represent conflicting or competing interests without the express consent of those concerned, given after a full disclosure of the facts. 11. A member shall not place himself or herself in a position where the member's personal in- terest is or may be in conflict with an obliga- tion to an employer or client, or others, without full disclosure of such interests to all involved. 12. ,A member shall not accept fees, com- missions, gifts or any other consideration from anyone except clients or employers for whom services are performed without their ex- press consent, given after full disclosure of the facts. 13. A member shall scrupulously safeguard the confidences and privacy rights of present, former, and prospective clients or employers. 14. A member shall not intentionally damage the professional reputation or practice of an- other practitioner. 15. If a member has evidence that another member has been guilty of unethical, illegal, or unfair practices, including those in violation of this Code, the member is obligated to present the information promptly to the proper authori- ties of the Society for action in accordance with the procedure set forth in Article XII of the Bylaws. 16. A member called as a witness in a proceed- ing for enforcement of this Code is obligated to appear, unless excused for sufficient reason by the judicial panel. 17. A member shall, as soon as possible, sever relations with any organization or individual if such relationship requires conduct contrary to the articles of this Code. Resolution # gni71 July 19, 1990 Moved by Caddell supported by Skarritt the resolution be adopted. Moved by Gosling supported by Pappageorge the resolution be amended in the NOW THEREFORE BE IT RESOLVED paragraph by adding after110,000%"inclusive of professional services and all expenses% for the purpose of formulating... A sufficient majority having voted therefore, the amendment carried. Vote on resolution as amended: AYES: Caddell, Chester; Crake, Ferrens; Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch; Moffitt, Oaks, Olsen, Pappageorge, Pernick; Price, Skarritt, Wolf, Aaron, Bishop, (24) NAYS: McPherson. (1) A sufficient majority having voted therefore, the resolution, as amended, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 19, 1990 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of t!.1_1, County of Oakland at Pontiac, Michigan this 19th day A,' aft...0/1A 1990 letu LynirD. Allen, County CT&f: