HomeMy WebLinkAboutResolutions - 1994.02.10 - 24077MISCELLANEOUS RESOLUTION #94027
BY: PERSONNEL COMMITTEE - MARILYNN GOSLING, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - CONTRACT WITH FORMER COUNTY EMPLOYEE,
DONALD L. MILLS
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 Donald L. Mills for a 90-day
period for the purpose of providing professional engineering
services involving storm drain, sanitary sewer and water main
projects.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached contract with Donald Mills. _ _
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
I HERE iPPROVE THE FOREGOING RESOLUTION
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PROFESSIONAL ENGINEERING SERVICES CONTRACT
THIS AGREEMENT, made this day of , 1994, by and
between DONALD L. MILLS, P.E., whose address is 2356 Eaton Gate Road,
Lake Orion, Michigan 48360, 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 undertake and complete engineering assignments and tasks,
working in an independent manner, following no set work schedule,
for the construction of storm drains, sanitary sewer, and water
projects, as requested, assigned and authorized by the Deputy and
Manager of the Drain Office Engineering & Construction Division.
2. To keep an accurate record of the time spent working on each
project, and to provide the SECOND PARTY with an itemized
billing invoice listing the work performed, on a project by project
basis, submitted in a timely manner, at the completion of the various
assigned tasks, on printed stationery/letterhead of the FIRST
PARTY.
SECOND PARTY AGREES:
1. To pay the FIRST PARTY for the Professional Engineering Services
to be performed at the rate of Thirty Six Dollars ($36.00) 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.
1
BOTH PARTIES AGREE:
1. That this Contract shall terminate on 2 9 1994,
being 90 days from the date of its original execution, and may be
renewed, or extended, at the mutual agreement of both PARTIES
dependent upon the workload needs of the Drain Office Engineering
& Construction Division 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
By:
GEORGE W. KUHN, acting as Agent,
Oakland Connly Drain Commissioner
DONALD L. MILLS, P.E.
WITNESSES:
2
February 10, 1994
FISCAL NOTE (MISC. 194027)
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - CONTRACT WITH FORMER COUNTY
EMPLOYEE, Donald L. Mills, P.E.
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 #94027 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 Donald L. Mills to perform
professional engineering services for projects.
3) That the total duration of this professional services
contract will be ninety (90) days.
4) The hourly rate for this contract will be $36.00 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 .DIMMITTEE
ti/ fir/
Resolution #94027 February 10, 1994
Moved by Gosling supported by Huntoon the resolution be adopted.
AYES: Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Johnson, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Palmer, Powers, Price, Schmid. (21)
NAYS: Aaron, Kaczmar, Pernick. (3)
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_Wixed the seal oA the
County of Oakland at Pontiac, Michigan this 10th day offlrfebrellfty-49903)M1
Linp D. Allen, County Clerk