HomeMy WebLinkAboutResolutions - 1994.04.14 - 23969REPORT (Misc. #94106) April 14, 1994
BY: Personnel Committee - Marilynn Gosling, Chairperson
TO: The Oakland County Board of Commissioners
IN RE: DRAIN COMMISSIONER - EXTENSION OF CONTRACT WITH FORMER
COUNTY EMPLOYEE, Thomas Ebersbach
Chairperson, Ladies and Gentlemen:
The Personnel Committee, having reviewed the above referenced
Planning and Building Committee resolution on March 30, 1994,
reports with the recommendation that the resolution be adopted
with the following amendments:
1. The ending date in the NOW THEREFORE BE IT RESOLVED paragraph
be changed from June 30, 1994 to September 30, 1994; and
2. Add an additional paragraph BE IT FURTHER RESOLVED that no
further extension of the subject contract with Thomas
Ebersbach will be approved.
Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing report.
PERSONNEL COMMITTEE
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. .April 14: 1994 '
MISCELLANEOUS RESOLUTION 194106
BY: PLANNING & BUILDING COMMITTEE - CHARLES PALMER, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - EXTENSION OF CONTRACT WITH FORMER
COUNTY EMPLOYEE, Thomas Ebersbach
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Misc. Res. 93300, approved 12/09/93, requires that all
requests for entering into professional services contracts with
former county employees be approved by the Board of Commissioners;
and
WHEREAS Misc. Res. 94026, approved 2/10/94 provided a
professional services contract with Thomas Ebersbach for the period
January 18, 1994 to March 31, 1994 for the purpose of right-of-way
negotiation; and
WHEREAS recruitment efforts have been initiated to provide
full-time County employees to meet the Drain Commissioner's right-
of-way needs but more time is necessary before an eligibility list
can be established; and
WHEREAS contractual right-of-way assistance remains critical
to construction progress until new County staff is added and
trained; and
WHEREAS the Drain Department wishes Board of Commissioner
authorization to extend the professional services contract with
Thomas Ebersbach for the period April 1, 1994 to June 30, 1994 for
the purpose of right-of-way negotiation.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves extending the contract with Thomas Ebersbach
for the period April 1, 1994 to June 30, 1994.
Chairperson, on behalf of the Planning & Building Committee,
I move the adoption of the foregoing resolution.
PLANNING & BUILDING COMMITTEE
CONTRACT FOR WORK AND SERVICES
THIS AGREEMENT, made the 9th day of February , 19 94 , which
supersedes an earlier AGREEMENT, dated January 18, 1994, by THOMAS A.
EBERSBACH, whose address is 5061 Virgie Lane, Orchard Lake, Michigan
48324, hereinafter referred to as the FIRST PARTY, and the County of Oakland,
by GEORGE W. KUHN, OAKLAND COUNTY DRAIN COMMISSIONER,
acting as Agent, hereinafter referred to as the SECOND PARTY.
WITNESSETH AS FOLLOWS:
FIRST PARTY AGREES:
1. To act in good faith and in a professional manner as a "Right-of-
Way Negotiator", receiving assignments from the Supervisor of the
Right-of-Way Unit, then to independently proceed to schedule
appointments with property owners, following no set work schedule,
following departmental guidelines, for the purpose of securing
necessary permanent and temporary easements for the construction
of drain, sewer and water projects.
2. To keep an accurate record of the time spent negotiating easements,
including a record of individuals contacted. All accounting records,
and billing invoices, shall be submitted in a timely manner, at the
completion of the assigned task, on printed stationery/letterhead of
the FIRST PARTY.
SECOND PARTY AGREES:
I. To pay FIRST PARTY for the services to be performed at the rate
of Twenty Dollars ($20.00) per hour.
That the said hourly rate shall comprise the total payment to be made
to the FIRST PARTY for all work performed under this Contract.
No payment, or reimbursement shall be made for any miscellaneous
expenses incurred by the FIRST PARTY, such as for automobile,
transportation or telephone expenses, etc., nor shall the FIRST
PARTY be provided work space at the Offices of the Drain
Commissioner.
By: ei
GEORGE
Oakland
ICUHN, acting as Agent,
unty Drain Commissioner
BOTH PARTIES AGREE:
1. That this Contract shall terminate on Thursday. March 31.1994, and
may be renewed, or extended, at the mutual agreement of both
PARTIES, depending upon the workload needs of the Drain Office
Right-of-Way Unit at that time.
2. That the relationship between the PARTIES shall be based on the
Contract, and that the FIRST PARTY is neither an official, nor an
employee of the County, but an Independent Contractor, doing
business as a "Sole Proprietorship" in accordance with U.S. Internal
Revenue Service guidelines, rules and regulations, performing the
conditions of the Contract.
COUNTY OF OAKLAND
j
THOMAS A. EBERSBACH
WITNESSES:
I ' FINANCE COMM1tTEE
lc /
. April 14, 1994
FISCAL NOTE (Misc. #94106)
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - EXTENSION OF CONTRACT WITH FORMER
COUNTY EMPLOYEE, Thomas Ebersbach
To The Oakland County Board Of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #94106 and finds:
1) Miscellaneous Resolution #93300 established a procedure
for the establishment of professional services contracts
with former County employees.
2) Miscellaneous Resolution #94026, approved February 10,
1994 established a contract with Thomas Ebersbach which
expires March 31, 1994.
3) Recruitment efforts are underway to provide full-time
County employees to meet the Drain Commissioner's right-
of-way needs.
4) Because of critical timing in construction projects the
Drain Commissioner has requested an extension to the
professional services contract with Thomas Ebersbach to
perform right-of-way acquisition duties.
5) The total duration of this professional services contract
extension will be ninety (90) days ending June 30, 1994.
6) The hourly rate for this contract will be unchanged at
$20.00 per hour.
7) Funding for the payment of this contract will come from
Drain Commissioner Projects and will not impact the
County General Fund.
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Resolution #94106 March 14, 1994
Moved by Palmer supported by McCulloch the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by McCulloch the resolution be adopted.
Moved by Palmer supported by McCulloch the resolution be amended to
coincide with the recommendations in the Personnel Committee Report, ie,
1. The ending date in the NOW THEREFORE BE IT RESOLVED paragraph be
changed from June 30, 1994 to September 30, 1994; and
2. Add an additional paragraph to read: BE IT FURTHER RESOLVED that no
further extension of the subject contract with Thomas Ebersbach will
be approved.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Pernick, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey,
Douglas, Garfield, Gosling, Huntoon, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Miltner, Moffitt, Obrecht, Palmer. (22)
NAYS: Aaron. (1)
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, 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 April 14, 1994 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal ofthe
County of Oakland at Pontiac, Michigan this 14th dayg pril --11.11-: 7V7// /,...-
Lygg D. Allen, County Clerk