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HomeMy WebLinkAboutResolutions - 1988.07.14 - 17442REMY APPPOVE. , ' Ps'ESOLLITI iI FINANCE CMMITTEE IT.FOCDSS MurPily/ CoCA-ity xui poo July 14, 1988 MISCEIJANEOUS RESOLUTION # 88170 BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: CIRCUIT COURT/FRIEND OF THE COURT-SETTLEMENT OF MEDICAL SUPPORT ENFORCEMENT AGREEMENT/THIRD PARTY LIABILITY PROGRAM CONTRACT TO THE OAKLAND COUNTY BOARD OF COHMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution #8238, dated November 3, 1977, accepted and approved the County of Oakland entering into the Medical Support Enforcement Agreement with the Michigan Department of Social Services; and WHEREAS services were to be provided by Oakland County Friend of the Court • and Circuit Court throuji the Third Party Liability Program contract; and WHEREAS the acceptance of grant and incentive funds were approved xrsuant to the contract; and WHEREAS $600,000 was received from the State as an advance from estimated rei_nbursements to assist in the implenentation of the project; and WHEREAS the project was terminated by the State before a reconciliation of the obligations of both parties could be achieved; and WHEREAS the Michigan Department of Social Services had requested repayment of the advance; and WHEREAS through negotiations, tne State has agreed to accept 28.703Z, ($172,218) of the original advance in order to_ release all claims; and WHEREAS the balance $427,782 remains available for County programs; and WHEREAS the County is currently reviewing an optical disk storage system for the Friend of the Court that would require a substantial capital outlay; and WHEREAS preliminary information indicates such a system would not only enhance the Friend of the Court's operations but result in a long-term savings to the County; and WHLREAS prudent financial sament requires fiscal planning to accommodate the potential capital expense. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the settlement of 28.703% ($172,218) of the original advance ($600,000) with Michigan Department of Social Services in order to release all claims with Oakland County in regard to Medical Support Enforcment Agreement and services provided through the Third Party Liability Program. BE IT FURTHER RESOLVED that the balance ($427,782) be designated for the Friend of the Court special contingency. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION OF $172,218.00, receipt and adequacy of which is hereby acknowledged, the STATE OF MICHIGAN, through its DEPARTMENT OF SOCIAL SERVICES, hereby agrees to release, acquit and forever discharge any and all actions, causes of action, claim s, demand s, damages, costs, attorney fees and expenses, which the STATE OF MICHIGAN has, or may have, against the COUNTY OF OAKLAND (COUNTY), a Michigan Constitutional Corporation, and the SIXTH JUDICIAL (Oakland County) CIRCUIT COURT (COURT) and its respective agents, employees and insurer(s), as a result of any act, or failure to act, on the part of the COUNTY and/or COURT, its agents and/or employees, including, but not limited to, the claim s alleged, or which could have been alleged in connection with the MEDICAL SUPPORT ENFORCEMENT AGREEMENT dated December 7, 1977 and AMENDMENTS TO MEDICAL SUPPORT ENFORCEMENT AGREEMENT, between the COUNTY OF OAKLAND, the SIXTH JUDICIAL (Oakland County) CIRCUIT COURT and the MICHIGAN DEPARTMENT OF SOCIAL SERVICES and in connection with any and all sums received by the COUNTY and COURT pursuant to said Agreement and Amend ments. It is understood that the $172,218.00 constitutes 28.703% of the original incentive advance under said Agreement and Amendments of $600,000.00. It is further understood and agreed by the undersigned that this settlement is a compromise of a doubtful and disputed claim and that the payment is not to be construed as an admission of liability by the party or parties released. To the contrary, the released party or parties maintain that all their actions relating to this claim were proper, prudent and lawful and that the sole purpose of this settlement is to resolve a doubtful and disputed claim. It is further understood and agreed by the undersigned in consideration of the payment made hereunder that in the event a claim, action or other proceeding is brought against the parties released herein, or any of them, as a result of, arising out of, or with reference to, the above-referenced claim, the undersigned hereby agrees to indemnify the parties herein released and to hold them harm less from any and all claim s, herein released, and to hold them harmless from any and all claim s, liability, judgments, damages, loss, costs and expenses of any nature whatsoever, including attorney fees and court costs, arising out of or relating to such claim, actiion or other proceeding against the parties released herein, or any of them. It is the express intent of the parties hereto that the parties released herein shall be relieved from any obligations whatsoever to pay any amount in addition to the consideration set forth herein to any person or entity in connection with, arising out of, or relating in any manner whatsoever to the above-referenced claim. It is further understood that this Release contains the entire agreement between the parties hereto and that the terms of this Release are contractual and not a mere recital. Further, the STATE OF MICHIGAN, through its DEPARTMENT OF SOCIAL SERVICES, has carefully read the foregoing Release and knows the contents thereof, agrees that the terms contained herein are fair, reasonable and in the best interest of the undersigned. Signed and delivered this day of 1988. WITNESSES: MICHIGAN DEPARTMENT OF SOCIAL SERVICES By: STATE OF MICHIGAN) ) SS. COUNTY OF OAKLAND) The foregoing Release of All Claims was acknowledged before me this day of , 1988, by of the MICHIGAN DEPARTMENT OF SOCIAL SERVICES. Notary Public, Oakland County, Michigan My Commission Expires: Resolution # .88170 July 14,1988 this 14th 1,988 . ALLEN, County Clerk/Register of day of L`fl ul Moved by Page supported by Hobart the resolution be adopted. AYES: R. McPherson, Oaks, Page, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox, Aaron, Bishop, Calandro, crake, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon, McConnell, McDonald, A. McPherson. (23) NAYS: None. (0) 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 and having a seal, do hereby certify that I have compared the annexed copy of the attached resolution adopted by the Oakland County Board of Commissioners at their regular r,leetin9 held on July 14,. 1988 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testipony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan