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HomeMy WebLinkAboutResolutions - 1994.02.10 - 24076MISCELLANEOUS RESOLUTION 194026 BY: PERSONNEL COMMITTEE - MARILYNN GOSLING, CHAIRPERSON IN RE: DRAIN COMMISSIONER - 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, the Drain Department wishes to enter into 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. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with Thomas Ebersbach. BE IT FURTHER RESOLVED no extension of the subject contract shall be effective without the prior approval of the Board of Commissioners and the contract shall be amended to reflect same. Chairperson, on behalf of the Personnel Committee , I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE HEREple'AppRov FOREGOING RESOLUTION 1 •c/ —/ F3rook3 Paft:,...on, County ExecutIve Date CONTRACT FOR WORK AND SERVICES THIS AGREEMENT, made the 9th day of February , 19.24, 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 contacteo. 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: 1. To pay FIRST PARTY for the services to be performed at the rate of Twenty Dollars ($20.00) per hour. 2. 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: GEORGE . KUHN, acting as Agent, Oakland unty Drain rain 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 zee' ALL THOMAS A. EBERSBACH WITNESSES: Ti 2 . • February 10,- 1994 • FISCAL NOTE (MISC. #94026) BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON IN RE: DRAIN COMMISSIONER - 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 #94026 and finds: 1) Miscellaneous Resolution #93300 established a procedure for the establishment of professional services contracts with former County employees. 2) The Drain Commissioner has requested a professional services contract with Thomas Ebersbach to perform right- of-way acquisition duties. 3) That the total duration of this professional services contract will be ninety (90) days. 4) The hourly rate for this contract will be $20.00 per hour. 5) Funding for the payment of this contract will come from Drain Commissioner Projects and will not impact the County General Fund. FINANCE COMITTEE Resolution #94026 February 10, 1994 Moved by Gosling supported by Garfield the resolution be adopted. AYES: Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Powers, Price. (22) NAYS: Aaron, Pernick. (2) A sufficient majority having voted therefor,the resolution 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 February 10, 1994 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and a fixed the seal of the County of Oakland at Pontiac, Michigan this 10th day o ebrury 1994. oc). Ly101 D. Allen, County Clerk