ADOPTED - MAY 26, 2009
Agenda Item No. 18
Introduced by the County Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION APPROVING LEGAL SERVICES CONTRACT FOR
THE INGHAM COUNTY AGRICULTURAL PRESERVATION BOARD
RESOLUTION #09-152
WHEREAS, in 2004, Ingham County adopted a Farmland Purchase of Development Rights Ordinance, and established the Ingham County Agricultural Preservation Board (Athe Ag Board@); and
WHEREAS, in 2008, the citizens of Ingham County approved a Farmland and Open Space Preservation Millage; and
WHEREAS, the County is in a financial position to acquire development rights in order to preserve farmland and open spaces by using millage funds; and
WHEREAS, the Ag Board requires legal services to accomplish its duties under the Ordinance, including the preparation of conservation easements; and
WHEREAS, the legal services required by the Ag Board are in addition to the legal services currently obtained by the County from the County Attorney, and may be paid for with millage funds.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby approves entry into the attached Legal Services Contract between the County on behalf of the Agricultural Preservation Board and the law firm of Cohl, Stoker, Toskey & McGlinchey, P.C.
BE IT FURTHER RESOLVED, that the total contract cost shall not exceed actual amount contained in the Ingham County Agricultural Preservation Board’s Budget.
BE IT FURTHER RESOLVED, that the Chairperson of the Board of Commissioners and the Chairperson of the County Agricultural Preservation Board are authorized to sign the Legal Services Contract on behalf of the County.
COUNTY SERVICES: Yeas: Celentino, Koenig, Holman, Copedge, Grebner, Vickers
Nays: None Absent: None Approved 5/19/09
FINANCE: Yeas: Grebner, Nolan, Bahar-Cook, Tennis, Davis, Dougan
Nays: None Absent: None Approved 5/20/09
LEGAL SERVICES CONTRACT
THIS CONTRACT is made and entered this ___ day of _________, 2009, by and between INGHAM COUNTY, of P.O. Box 319, Mason, Michigan 48854 (hereafter, Athe County@), on behalf of the INGHAM COUNTY AGRICULTURAL PRESERVATION BOARD, of 121 E. Maple St., Suite 104, Mason, Michigan 48854 (hereafter, Athe Ag Board@), and COHL, STOKER, TOSKEY & McGLINCHEY, P.C., of 601 N. Capitol Ave., Lansing, Michigan 48933.
WHEREAS, the County desires to enter into a contract to retain the law firm of COHL, STOKER, TOSKEY & McGLINCHEY, P.C., as civil counsel for the Ag Board; and
WHEREAS, COHL, STOKER, TOSKEY & McGLINCHEY, P.C., desires to perform legal services for the Ag Board.
NOW THEREFORE, for and in consideration of the mutual covenants hereinafter set forth, IT IS AGREED by and between the parties as follows:
1. Beginning on the day and year first above written, the sum of $165 per hour shall be paid to COHL, STOKER, TOSKEY & McGLINCHEY, P.C., for the following legal services provided to the Ag Board:
a) answer requests for legal opinions, in writing and orally;
b) attend all meetings of the Ag Board as requested;
c) draft contracts, deeds, easements, and other legal documents;
d) perform necessary legal research;
e) represent the Ag Board=s interests in civil litigation;
f) other legal services as requested by the Ag Board.
2. The County shall reimburse COHL, STOKER, TOSKEY & McGLINCHEY, P.C., for all costs, such as postage, filing fees, deposition fees, photocopies, mileage, and long distance telephone charges.
3. The fees for services and reimbursable costs shall be paid by the County on a monthly basis pursuant to invoices submitted for those services and costs.
4. This Contract shall continue upon the same terms and conditions, unless terminated by either party upon sixty (60) days prior written notice.
5. It is expressly understood and agreed that COHL, STOKER, TOSKEY & McGLINCHEY, P.C., is an independent contractor. The personnel employed by COHL, STOKER, TOSKEY & McGLINCHEY, P.C., shall in no way be deemed to be and shall not hold themselves out as employees of Ingham County or the Ag Board, and shall not be entitled to any fringe benefits of Ingham County or the Ag Board, such as, but not limited to, health and accident insurance, life insurance, longevity, paid sick or vacation leave. COHL, STOKER, TOSKEY & McGLINCHEY, P.C., shall be responsible for paying the wages of its personnel and for the withholding and payment of all income and social security taxes to the proper federal, state and local governments. COHL, STOKER, TOSKEY & McGLINCHEY, P.C., shall also be responsible for providing its personnel with workers= compensation and unemployment compensation coverage, as required by law.
6. COHL, STOKER, TOSKEY & McGLINCHEY, P.C., as required by law, shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, marital status or disability that is unrelated to the individual=s ability to perform the duties of a particular job or position. Breach of this subsection shall be regarded as a material breach of this Contract, and in the event COHL, STOKER, TOSKEY & McGLINCHEY, P.C., is found not to be in compliance, the County may terminate this Contract effective as of the date of delivery of written notification to COHL, STOKER, TOSKEY & McGLINCHEY, P.C.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above written.
INGHAM COUNTY
Dated: ________________, 2009 By:________________________
Debbie De Leon
Chairperson, Board of Commissioners
INGHAM COUNTY AGRICULTURAL
PRESERVATION BOARD
Dated: ________________, 2009 By:________________________
Paul Kindel, Chairperson
Board of Directors
COHL, STOKER, TOSKEY & McGLINCHEY, P.C.
Dated: ________________, 2009 By:________________________
Peter A. Cohl, President