HomeMy WebLinkAboutResolutions - 1991.11.21 - 18597November 21, 1991
Miscellaneous Resolution # 91261
BY: David L. Moffitt, County Commissioner
IN RE: PROFESSIONAL LEGAL RETENTION CONTRACTS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the present tendency towards litigation, the ever-changing legal
regulatory climate applicable to many Board activities, and trend towards
resolution of difficult social issues through resort to the Courts has made
more complex the legal environment of government operations; and
WHEREAS, as a result of the Oakland County Board of Commissioners must
ever more frequently retain outside specialist legal counsel to guide the
Board's action in resolving a variety of unusual issues; and
WHEREAS, the office of corporation counsel, pursuant to Board policy,
formally retains counsel authorized by the Board; and
WHEREAS, corporation counsel recently prepared a draft retention
letter to proposed counsel pursuant to Misc. Res. #91111, said draft actually
representing the usual model for such retention agreements; and
WHEREAS, said proposed retention letter model could be improved in a
number of particulars including, but not limited to:
(a.) Inclusion of specific language formally requiring compliance with
detailed billing protocols, such as: (1) identification of counsel
performing services; (2) identification of non-professional
personnel performing services; (3) statement of the hourly rate
charged by both professional and by non-professional personnel,
where the latter are agreed by the County to be chargeable;
(b.) Inclusion of specific language formally stating whether any
mentioned fee is a flat rate for the entire matter until resolved,
or is merely an initial payment to be replenished when exhausted;
(c.) Inclusion of specific language requiring agreement to each stated
term of the retention agreement;
(d.) Inclusion of specific language specifying whether costs are
reimburseable, and specifically what costs, if any, are to be
reimburseable e.g. xerox, clerk delivery, filing fees, parking,
lodging, etc.
David L. Mof
County Comm oner, District 415
(e) Inclusion of other provisions as may be appropriate in the premises
of each individual retention;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
form an Ad Hoc Committee of Commissioners to review the proposed form "retention
letter" utilized by Corporation Counsel, and develop a standard retention contract
or Professional Services Agreement for use in retention of outside counsel.
BE IT FURTHER RESOLVED that no retention of outside counsel take place
except pursuant to a formal written Professional Services Agreement as approved by
Corporation Counsel and incorporating satisfactory specification of the items
(a)-(e) above.
Mr. Chairperson, I move the adoption of the foregoing resolution.
#91261 November 21, 1991
The Acting Chairperson referred the resolution to the General Government
Committee. There were no objections.