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HomeMy WebLinkAboutResolutions - 1993.05.27 - 23288REPORT May 27, 1993 BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: Sheriff's Department-Privatization of Civil Unit TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Personnel Committee, having reviewed the above-referenced resolution on May 20, 1993, reports with the recommendation that the resolution be adopted with the following amendments to the contract: Paragraph 10: Add language stating the books and records kept by the contractor are subject to approval of the Oakland County Department of Management and Budget. Paragraph 18, first sentence: Change December 31, 1996 to December 31, 1994 and add and shall be renewable annually thereafter until December 31, 1996. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE Staffing Levels Revenue (3-10100) 2051 Civil Action Fees 2136 Fee Income 2337 Mileage (432-01) (432-01) (432-01) Attatchment A Sheriff's Department Civil Unit Amendment 1993 1993 Amended Recommended Recommended Budget Budget Amendment 7 1 (6) $4,500 $4,500 $0 15,000 22,000 7,000 6,250 6,250 0 $25,750 $32,750 $7,000 Expenses (4-10100) 1001Salaries (432-05) $182,371 $167,257 ($15,114) 10020vertime (432-05) 0 0 0 2074Fringe Benefits (432-05) 71,900 65,084 (6,816) _________ ---------- Total Salary & Fringe $254,271 $232,341 ($21,930) 4822Uniform Expense (432-05) 750 750 0 6641Convenience Copier (432-05) 296 1,296 1,000 , 6600Radio Communication (439-01) 2,017 1,866 (151) 6610Leased Vehicles (436-01) 7,210 6,130 (1,080) 3128Prof. Services (432-05) 10,500 10,500 Total Operating $10,273 $20,542 $10,269 '\ Total Expenses $264,544 $252,883 ($11,661) Balance to Anticipated Savings for Hospitalization 4-10100-433-10-00-7999 (285,724) (267,063) 18,661 Total Expense Adjustment $7,000 sheriff\civil4 19-May-93 Attatchment B Sheriff's Department Summary of Civil Unit Costs & Revenues 1993 1994 1991 1992 Estimated Estimated Actual Actual Actual Actual 11 11 1 1 Civil Action Fees $26,020 $34,616 $4,500 $0 Fee Income 60,037 69,123 22,000 0 Mileage 26,994 26,458 6,250 0 $113,051 $130,197 $32,750 $0 Salaries $352,146 $369,092 $167,257 $30,606 Overtime 693 243 0 0 Fringe Benefits 149,185 161,390 65,084 13,804 ---------- Salary & Fringe $502,024 $530,725 $232,341 $44,410 Uniform Expense 1,649 1,817 750 0 Convenience Copier 1,723 1,419 1,296 1,300 Radio Communication 5,856 3,690 1,866 0 Leased Vehicles 12,240 12,600 6,130 0 Prof. Services 0 0 10,500 18,000 Total Operating $21,468 $19,526 $20,542 $19,300 Total Expenses $523,492 $550,251 $252,883 $63,710 Net Exp over Rev. $410,441 $420,054 $220,133 $63,710 The 1994 Estimated Actual includes the cost of 1 Account Clerk to monitor the program. sheriff\civil4 19-May-93 , / MISCELLANEOUS RESOLUTION#93097 May 27, 1993 BY: PUBLIC SERVICES COMMITTEE, LAWRENCE A. OBRECHT, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - PRIVATIZATION OF CIVIL UNIT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff's Department is required by State of Michigan Law to serve certain Circuit Court civil process including Writs of Restitution Execution and Attachments, Tax Title Notices, Foreclosure Sales, Levy of Real Estate, among others; and WHEREAS in 1992 the Sheriff's Department Civil Unit, which was comprised of eleven employees, performed this function; and WHEREAS the 1993 Adopted Budget included the elimination of the Civil Unit and the privatization of these functions by April 1, 1993; and WHEREAS Miscellaneous Resolution 93046 extended this function by extending five positions in the Civil Unit which will be eliminated June 1, 1993; and WHEREAS by privatizing these functions the county can save $350,000 per year by deleting all Civil Unit positions except one Account Clerk II and four Civil Unit vehicles ; and WHEREAS if the Sheriff fails to have certain civil processes served in a timely fashion, State Law allows for the Sheriff to be personally responsible up to and including removal from office; and WHEREAS the service of certain process can only be performed by a deputized individual who must work closely with the Sheriff's Department; and WHEREAS the Sheriff has the power to deputize an individual or individuals to perform this function; and WHEREAS the Sheriff ultimately remains responsible for the service of these papers and must be able to authorize these activities to a trusted individual or company by contract; and WHEREAS the Sheriff's Department will need to retain one Sergeant position through September 3, 1993 to assist in the smooth transition to the privatization. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the privatization of the Civil Unit functions and authorizes the Sheriff and the Chairperson of the Board to execute the attached contract with the selected individual or company to perform the process of civil papers for the Sheriff. BE IT FURTHER RESOLVED THAT the Oakland County Board of Commissioners reaffirms the elimination of positions consistent with Miscellaneous Resolution # 93046 and further authorizes the elimination of one Sergeant position (43205-00832) effective September 3, 1993. BE IT FURTHER RESOLVED THAT the Oakland County Board of Commissioners authorizes the reduction of four vehicles from the Sheriff's Department Civil Unit in the Oakland County Leased Vehicle fleet. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLI SERVICES COMMITTEE L. COUNT "I MICHIGAN DEPARTMENT OF CORPORATION COUNSEL 7.)ati'T•r" Lity -- — Jack C. ;-,,,.c!or -7 1-.0557 Michael D. Biaszczak 858-055 MEMORANDL':',1 TO: Anna Devers Board of Commissioners FROM: Michael D. Blaszczak Assistant Corporation Counsel RE: Public Services Committee Draft Civil Division Contract DATE: May 26, 1993 Pleasc find attached the latest Civil Division draft contract, as amended by Services Committee at their May 18, 1993 meeting. This draft has been approved as to legal sufficiency, (Attached page 9) MB/jb Attachment 1200 Noith Telegraph Road Pontiac, Michigan 48341-0419 • (313j 858-0E430 • Fax (313j 868-1003 Court Tower - West Wing • AGREEMENT TO SERVE AND/OR EXECUTE CIVIL PROCESS FOR THE OAKLAND COUNTY SHERIFFS DEPARTMENT This Agreement is made and entered into between the Oakland County Sheriff John F. Nichols, in his official capacity as a Michigan Constitutional Officer, whose address is 1201 North Telegraph, Pontiac, Michigan 48341, The County of Oakland, a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereafter jointly and collectively referred to as the "SHERIFF'S DEPARTMENT") AND Glenn R. Watson (doing business as COUNTY WIDE PROCESS SERVICES, I7 whose address is 4675 Seymour Lake Rd, Oxford, MI (hereafter "CONTRACTOR"). W1TNESSETH WHEREAS, the SHERIFF'S DEPARTMENT is required by law to serve and/or execute certain civil process; and WHEREAS, the SHERIFF'S DEPARTMENT has met these legal responsibilities by employing, directly, on a full-time basis, deputy sheriffs to serve and/or execute civil process; and WHEREAS, state law establishes the fees and mileage allowances to be paid to the SHERIFF'S DEPARTMENT by the third parties utilizing the SHERIFF'S DEPARTMENT for service and/or execution of their civil process; and WHEREAS, the statutory fees tendered by third parties to the SHERIFF'S DEPARTMENT for serving and/or executing civil process are well below the costs incurred by the SHERIFF'S DEPARTMENT in providing such service; and WHEREAS, other Michigan counties have been able to save tax dollars by contracting for the performance of such civil process service responsibilities with private sector agencies: NOW, THEREFORE, in consideration of these premises, and the promises, representations, and agreements herein contained, it is mutually agreed as follows: 1. The CONTRACTOR, either personally or through such agents, servants, independent contractors, or any other person(s) that CONTRACTOR may contract with or employ to assist him, (hereafter individually and/or collectively referred to as "CONTRACTOR'S EMPLOYEE(S)"), shall perform and assume all of the SHERIFF'S DEPARTMENT legal obligations, duties, responsibilities, and liabilities for serving and/or executing any and every civil process which is delivered to CONTRACTOR by the SHERIFF'S DEPARTMENT in accordance with the terms of this Agreement. Civil process which the SHERIFF'S DEPARTMENT may deliver to CONTRACTOR to serve and/or execute may include, but shall not be limited to: personal service of a summons and complaint in a civil action; personal service of a summons and affidavit in a garnishment; seizure and delivery of goods in a case of claim and delivery; personal service of any court order, summons, subpoena, writ, affidavit, and bond and/or any other notice; attachment involving the levy under a writ of execution; performance of a sale on levy in a case of execution; providing notice of sale on levy in the case of an execution; personal service of a writ 1 for the restitution of premises; filing certificate(s) on the sale of real estate with the register's fee; making and returning an inventory and appraisal of property seized; posting notices on property for foreclosure sales; selling lands on the foreclosure of a mortgage by advertisement; executing deeds and performing all related services required on sale of property, including any title search; adjourning, as required by law, the sale of land on foreclosure; sending notices to persons claiming title under a tax deed; and any other such civil process which the SHERIFF'S DEPARTMENT may be legally required to serve and/or execute which may hereafter may be delivered by the SHERIFF'S DEPARTMENT to CONTRACTOR for CONTRACTOR'S service and/or execution. 2. CONTRACTOR acknowledges that he is fully aware of the applicable statutory and common law obligations governing the service and/or execution of all civil process(s) as contemplated under the terms of this Agreement and agrees that he shall be completely liable, on behalf of himself and/or any CONTRACTOR'S EMPLOYEE(S) for the performance of all CONTRACTOR'S duties and obligations, at all times, in complete accordance with all such applicable legal requirements. CONTRACTOR assumes complete responsibility for the appropriate and necessary training and supervision of all CONTRACTOR'S EMPLOYEE(S) and hereby warrants that any and all CONTRACTOR duties and obligations under the terms of this Agreement, whether performed by CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S) will, at all times, be performed in full compliance with all applicable legal requirements. The SHERIFF'S DEPARTMENT shall not be expected or obligated to furnish CONTRACTOR or CONTRACTOR'S EMPLOYEE(S) with any job instructions, job descriptions, job specifications or otherwise control, supervise, train or direct CONTRACTOR and/or any of CONTRACTOR'S EMPLOYEE(S) in the performance of any CONTRACTOR'S duties or obligations under the terms of this Agreement. The CONTRACTOR shall be solely responsible for determining the order, methods, and sequence of performance of any CONTRACTOR duties or obligations under this Agreement and the manner in which any and all CONTRACTOR obligations shall be accomplished. The CONTRACTOR shall be solely responsible for establishing CONTRACTOR and/or CONTRACTOR'S EMPLOYEE(S) hours of work, and this Agreement shall not require any scheduled or routine hours of employment in order to accomplish its purposes. 3. CONTRACTOR has the sole and exclusive right, obligation, and discretion to employ, compensate, discharge, and decide upon any and all other terms and conditions of employment for any CONTRACTOR'S EMPLOYEE(S). CONTRACTOR shall be solely and exclusively responsible for both determining and paying all CONTRACTOR'S EMPLOYEE(S) wages, salaries, allowances, compensation, as well as any fringe benefits, to be provided to CONTRACTOR'S EMPLOYEE(S). The CONTRACTOR agrees that he shall be solely and exclusively responsible for any and all employment decisions or policies that effect, in any way, any CONTRACTOR'S EMPLOYEE(S) or any job applicant's possible employment with CONTRACTOR. 4. CONTRACTOR shall have exclusive control over his work location, work premises and all working conditions at the CONTRACTOR'S job site(s). CONTRACTOR shall be solely and exclusively responsible for all CONTRACTOR and/or CONTRACTOR'S EMPLOYEE(S) business expenses, licenses, taxes, bookkeeping costs, insurance costs, supplies, etc. Neither the CONTRACTOR nor any CONTRACTOR'S EMPLOYEE(S) shall be reimbursed by the SHERIFF'S DEPARTMENT for any CONTRACTOR or CONTRACTOR'S EMPLOYEE(S) expense or loss. CONTRACTOR shall be solely and exclusively responsible for furnishing and providing 2 CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S) with all necessary and adequate tools, automobiles, radios, firearms, and any and all other equipment that CONTRACTOR deems required for the completion of CONTRACTOR'S du ,-s and obligations under the terms of this Agreement. SHERIFF'S DEPARTMENT shall have no obligation to supply, reimburse, or otherwise provide CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S) with any tools, supplies, equipment, or a work location at the SHERIFF'S DEPARTMENT. 5. The CONTRACTOR shall not perform any services for the SHERIFF'S DEPARTMENT or otherwise be available for any other work or assignments from the SHERIFF'S DEPARTMENT in the event that no civil process, delivered to CONTRACTOR by the SHERIFF'S DEPARTMENT, is awaiting CONTRACTOR'S service and/or execution under the terms of this Agreement. Neither the CONTRACTOR nor any CONTRACTOR'S EMPLOYEE(S) services shall be otherwise employed or utilized in any capacity by the SHERIFF'S DEPARTMENT except to serve and/or execute civil process under the terms set forth in this Agreement. 6. CONTRACTOR shall have the right to pursue and solicit process serving duties from other potential clients as well as engage in other business enterprises. CONTRACTOR has the right to make his services available to the general public, shall have the right to advertise and promote his business as he deems advisable, however, the CONTRACTOR shall not engage in any form of advertisement, promotion, or any other method of publicity for any other business activity that in any way utilizes, identifies or otherwise attempts to benefit from CONTRACTOR'S and/or any CONTRACTOR'S EMPLOYEE(S) relationship with SHERIFF'S DEPARTMENT, their status as Special Deputies of Sheriff John F. Nichols, and/or the existence of this Agreement without the prior, written permission of Sheriff John F. Nichols. CONTRACTOR agrees not to create any other legal entities, further incorporate, or form, or enter into any partnerships or otherwise assign, delegate any of CONTRACTOR'S duties or obligations under this Agreement to any other legal entity, except as provided herein, without written notice of same having been delivered to Sheriff John F. Nichols at least 45 days in advance of any such change. 7. As state law permits, and in many instances requires, that CONTRACTOR'S service and/or execution of civil process under the terms of this Agreement be performed by persons appointed as Special Deputies of Sheriff John F. Nichols, CONTRACTOR agrees that every duty and obligation to be performed by CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S) on behalf of the SHERIFF'S DEPARTMENT under the terms of this Agreement shall be performed by a person who, at the time of performance of any such CONTRACTOR obligation, is a Special Deputy of Sheriff John F. Nichols, in accordance with the DEPUTIZATION ADDENDUM, which is attached hereto and hereby incorporated into and made part of this Agreement. CONTRACTOR further agrees that no CONTRACTOR duty or obligation on behalf of the SHERIFF'S DEPARTMENT, under the terms of this Agreement, shall be assigned, subcontracted, delegated, or otherwise be permitted to be performed by any person who is not, at the time of any such performance both a CONTRACTOR EMPLOYEE(S) and a Special Deputy of Sheriff John F. Nichols appointed in accordance with the DEPUTIZATION ADDENDUM. 8. CONTRACTOR is aware of the potential statutory penalties and fines (e.g. MCL 600.2558(4) and MCL 600.2559(5)), which may be imposed upon the SHERIFF'S DEPARTMENT, the CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S) for any attempt to induce or accept from any third party any higher fees or mileage allowances for serving and/or executing any civil process under the terms of this Agreement than provided for by state law. 3 CONTRACTOR agrees that any liability, loss, or damage suffered by the SHERIFF'S DEPARTMENT due to the failure of CONTRACTOR, and/or any CONTRACTOR (EMPLOYEE(S) to strictly comply with all such applicable statutory prohibitions will be indemnified by CONTRACTOR in accordance with Paragraph 13 of this Agreement. 9. CONTRACTOR agrees and warrants that neither the CONTRACTOR nor any CONTRACTOR EMPLOYEE(S), by virtue of this Agreement, or because any such person(s) has been appointed as a Special Deputy of Sheriff John F. Nichols, or otherwise, shall be considered or claimed to be an employee of the SHERIFF'S DEPARTMENT. CONTRACTOR agrees that, at all times, and for any and all purposes in any way related to this Agreement, CONTRACTOR'S legal status in relation to the SHERIFF'S DEPARTMENT is that of an INDEPENDENT CONTRACTOR. CONTRACTOR further agrees and warrants that CONTRACTOR is and shall remain the sole and exclusive employer of any and all CONTRACTOR'S EMPLOYEE(S) and that CONTRACTOR shall remain solely and exclusively liable for any and all CONTRACTOR'S EMPLOYEE(S) wages, compensation, expenses, all fringe benefits, (if any) transportation costs, allowances, reimbursements of any kind, and any and all statutory benefits and protections including, but not limited to, workers' disability compensation claims, unemployment compensation claims, Social Security Act protections and benefits, all employee safety rules and regulations, any and all employment taxes, and/or any and all other claims, rights, liabilities, or privileges, whether in tort or contract, whether based upon any statutory or common law right, or in any way based upon any CONTRACTOR'S EMPLOYEE(S) status as a employee of the CONTRACTOR or any applicable employment contract, or any and all other legally mandated employer obligations. This Agreement does not grant or confer, and shall not be interpreted to grant or confer, upon CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S) or any other individual, any privilege, right, benefit or status of SHERIFF'S DEPARTMENT employment or that of a SHERIFF'S DEPARTMENT employee. In any employment manuals, work rules, etc., that CONTRACTOR may develop and/or in any employment contract that CONTRACTOR may enter into with any CONTRACTOR'S EMPLOYEE(S), the CONTRACTOR shall include an express disclaimer of any employment status or employment relationship between any CONTRACTOR EMPLOYEE(S) and the SHERIFF'S DEPARTMENT. CONTRACTOR agrees that any and all claims or suits by any CONTRACTOR'S EMPLOYEE(S) their union, agents, or successors or assigns, against the SHERIFF'S DEPARTMENT which are based upon said CONTRACTOR'S EMPLOYEE(S) employment, labor contract, and/or any applicable terms and conditions of their employment, including but not limited to any CONTRACTOR'S EMPLOYEE(S) employment status, wages, fringe benefits, and/or any 'other right, privilege, or benefit based upon any contractual, statutory, and/or common law employment right, benefit or status, their status as Special Deputies of Sheriff John F. Nichols, or which in any way arise out of or are in any way related to any of CONTRACTOR'S duties, undertakings and/or obligations under this Agreement are specifically included within the type(s) of claims or suits CONTRACTOR agrees to indemnify and hold the SHERIFF'S DEPARTMENT harmless from as provided in Paragraph 13 of this Agreement. 10. CONTRACTOR shall maintain, subject to approval of the Oakland County Department of Management and Budget, adequate books and records of all revenues, rates, charges, expenses, accounts receivable, accounts payable and other debts and obligations that are related to the CONTRACTOR'S duties and obligations under the terms of this Agreement. CONTRACTOR, shall establish such controls and procedures necessary to ensure strict financial accountability, which at a minimum, include: accurate, current and complete disclosure of the records that identify the source of funds; and accountability for all funds, property and other 4 assets; comparison of actual monies received in exchange for services rendered; procedures for determining allowability, and allocability of costs in accordance with any applicable statutes; and accounting records that are supported by source documentation. All CONTRACTOR'S books and records involving this Agreement shall be available to the SHERIFF'S DEPARTMENT or their agents for inspection at any reasonable time and CONTRACTOR shall fully cooperate with the SHERIFF'S DEPARTMENT or their agents in any requested audit or information request. The CONTRACTOR shall allow the SHERIFF'S DEPARTMENT to perform financial and compliance audits as appropriate with authority to access all pertinent records and interview any of the CONTRACTOR'S EMPLOYEE(S) throughout the term of this Agreement and for a period of three years after this Agreement is terminated. 11. CONTRACTORS shall not incur any debts, liabilities, or obligations on behalf of the SHERIFF'S DEPARTMENT and shall take all necessary steps to ensure that any debts, liability, or obligations that CONTRACTOR may incur shall not become a debt, liability or obligation of the SHERIFF'S DEPARTMENT. 12, CONTRACTOR shall obtain, maintain, and provide to the SHERIFF'S DEPARTMENT evidence of the insurance policy(s), coverage(s) and certificate(s) as described in the attached INSURANCE ADDENDUM, which is hereby incorporated into and made part of this Agreement. If CONTRACTOR is required to seize property pursuant to a writ of execution, which requires the judgment creditor provide a bond, the CONTRACTOR shall also name the SHERIFF'S DEPARTMENT as one of those indemnified thereunder. 13. CONTRACTOR agrees to indemnify and hold the SHERIFF'S DEPARTMENT harmless from any and all claims, actions, suits, causes of action, proceedings, costs, expenses, damages, and liabilities of any kind whatsoever, (including, but not limited to, reimbursement of reasonable attorney fees and litigation expenses) brought or made by any third party (including any CONTRACTOR EMPLOYEE(S)) without regard to whether any such claims or suits are based upon tort, statute, common law and/or contract, and/or any other legal duty(s) or obligation(s) and without regard to whether any such claims or suits are based upon any alleged negligent and/or intentional act(s) or omission(s) of CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S), suffered or incurred by the SHERIFF'S DEPARTMENT which either arise out of, result from, or are in any way connected with CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S) obligations, duties, or the performance of or failure to perform any such obligation, duty or responsibility under the terms of this Agreement, the common law, or under any applicable State or Federal Law. 14. CONTRACTOR agrees that this Agreement shall be binding upon CONTRACTOR, and his administrators, representatives, executors, successors and assigns, and shall inure to the benefit of the SHERIFF'S DEPARTMENT, and all persons acting by, through, under, or in concert with the SHERIFF'S DEPARTMENT. 15. CONTRACTOR, in compliance with all applicable federal and state laws, shall not discriminate in the employment of any individual because of age, height, weight, religion, handicap, sex, marital status, race, color, creed, national origin. CONTRACTOR, in connection with any services to be performed under this Agreement, shall not knowingly hire, employ, become affiliated with, or enter into any contract for services with an employee of the SHERIFF'S DEPARTMENT. In addition, CONTRACTOR shall comply with all applicable state statutes and/or 5 policies of the SHERIFF'S DEPARTMENT concerning contracts with public employee(s) and/or public employee conflicts of interest. 16. The SHERIFF'S DEPARTMENT shall, for every calendar month, or any part of any calendar month, that this Agreement is in existence, pay to the CONTRACTOR a flat monthly fee in the amount of FIFTEEN HUNDRED DOLLARS ($1500.00), which amount shall be paid to the CONTRACTOR for any calendar month, on or about the fifteenth (15th) day of that calendar month, The SHERIFF'S DEPARTMENT shall have no obligation to pay to the CONTRACTOR any flat monthly fee as described in the preceding sentence for any calendar month after this Agreement has been terminated in accordance with Paragraph 19 of this Agreement, or after this Agreement has otherwise expired as provided for in Paragraph 18 of this Agreement. In addition to the flat monthly fee described above, for each civil process successfully served and/or executed by the CONTRACTOR in accordance with the terms of this Agreement, the SHERIFF'S DEPARTMENT shall remit to the CONTRACTOR, an amount equal to the fees for service plus any mileage allowance, including any applicable execution fees, which has been tendered and received by the SHERIFF'S DEPARTMENT from any third party as payment to the SHERIFF'S DEPARTMENT for the service of that civil process. The CONTRACTOR shall not be entitled to any such fees for services, mileage fees, or any other payment for any civil process which CONTRACTOR has not successfully served and/or executed by them in accordance with the terms of this Agreement. The CONTRACTOR shall provide to the SHERIFF'S DEPARTMENT an invoice identifying all civil process, delivered to him by the SHERIFF'S DEPARTMENT, which has been successfully served and/or executed by CONTRACTOR during the preceding calendar month, The CONTRACTOR'S invoice to the SHERIFF'S DEPARTMENT for remittance of third party service and/or execution fees and/or mileage fees shall be in a form or format as approved by the SHERIFF'S DEPARTMENT. The SHERIFF'S DEPARTMENT shall have no obligation to supplement or pay the CONTRACTOR any amount beyond the actual service and/or execution fees and mileage fees that the SHERIFF'S DEPARTMENT received from any third party for such service and/or execution of any civil process. The SHERIFF'S DEPARTMENT shall not be obligated to the CONTRACTOR for any third parties underpayment, non—payment, and/or any other failure to pay all and/or any part of any service and/or execution fee or mileage allowance as provided by law, and the SHERIFF'S DEPARTMENT shall have no obligation to supplement any such fees received from third parties in order to make the CONTRACTOR whole in this regard. CONTRACTOR agrees that he shall serve and/or execute all civil process delivered to him by the SHERIFF'S DEPARTMENT whether or not any service and/or execution fees or mileage fees have been or should have been received from any third party by the SHERIFF'S DEPARTMENT. The SHERIFF'S DEPARTMENT shall have no other monetary or financial obligation to the CONTRACTOR except as described in this Paragraph. 17. Under the terms of this Agreement, the SHERIFF'S DEPARTMENT and/or Sheriff John F. Nichols, are not obligated and shall not be liable to the CONTRACTOR for its failure to deliver or refer to CONTRACTOR any civil process that the SHERIFF'S DEPARTMENT has received, The SHERIFF'S DEPARTMENT can choose to serve and/or execute any civil process it receives from any third party or court directly, to refer such civil process to any entity or person other than the CONTRACTOR for service, or otherwise dispose of any civil process, without incurring any liability to the CONTRACTOR under the terms of this Agreement. If in the sole judgment of Sheriff John F. Nichols, he decides that any civil process delivered to the CONTRACTOR under the terms of this Agreement can best served in any manner other than by utilizing the CONTRACTOR'S services, CONTRACTOR shall, upon request, return any such civil 6 process forthwith to the SHERIFF'S DEPARTMENT, together with any and all fees and/or allowances in possession of the CONTRACTOR. Under the terms of this Agreement, all decisions regarding the types of civil process to be delivered to the CONTRACTOR for performance under the terms of this Agreement and/or the amount or volume of such civil process to be delivered to CONTRACTOR shall, at all times, remain within the sole discretion of Sheriff John F. Nichols. This Agreement shall not be interpreted to require that Sheriff John F. Nichols or the SHERIFF'S DEPARTMENT, deliver any specific type and/or amount of civil process for service and/or execution by the CONTRACTOR. 18. This Agreement shall become effective on June 1, 1993 and, unless this Agreement is terminated before this date as provided for in Paragraph 19, it shall remain in effect continuously until it expires, without any further act being required by either party, on December 31, 1994, and shall be renewable annually thereafter until December, 31, 1996. The CONTRACTOR specifically agrees that any and all CONTRACTOR'S indemnification and hold harmless promises and waivers of liability contained in this Agreement, with regard to any acts, occurrences, events, transactions, suits, claims, or causes of action either occurring or having their basis in events or transactions occurring before this Agreement expires, shall survive the expiration of this Agreement. 19. Either the CONTRACTOR or the SHERIFF'S DEPARTMENT may terminate this Agreement by delivering to the other party written notice of same at least 30 days in advance of the termination date stated in this same written notice. The CONTRACTOR specifically agrees that any and all CONTRACTOR'S indemnification and hold harmless promises and waivers of liability contained in this Agreement, with regard to any acts, occurrences, events, transactions, suits, claims, or causes of action either occurring or having their basis in events or transactions occurring before this Agreement is terminated shall survive the termination of this Agreement. 20. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not construed strictly for or against any party. As used in this Agreement, the singular or plural number, the possessive or non-possessive, shall be deemed to include the other whenever the context so indicates or requires. 21. Should any term or provision of this 'Agreement be declared or be determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term, or provision shall be deemed not to be a part of this Agreement. 22. Absent an express written waiver, failure of the SHERIFF'S DEPARTMENT to pursue any right granted under this Agreement, shall not be deemed a waiver of those rights in regards to any existing or subsequent breach or default under this Agreement. No failure or delay on the part of the SHERIFF'S DEPARTMENT in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. 23. This Agreement, consisting of Twelve (12) pages, including the attached INSURANCE ADDENDUM, and DEPUTIZATION ADDENDUM, sets forth the entire Agreement 7 between the Sheriff John F. Nichols, the SHERIFF'S DEPARTMENT, and the CONTRACTOR, and fully supersedes any and all prior agreements or understandings between the parties. It is further understood and acknowledged that the terms of this Agreement are contractual and are not a mere recital and that there are no other agreements, understandings, or representations between the parties, except as expressly stated herein. This Agreement shall not be changed or supplemented orally. 24. For all purposes under this Agreement, the term SHERIFF'S DEPARTMENT shall also include within its meaning, the County of Oakland, the Oakland County Sheriff, Sheriff John F. Nichols, and any and all of each of their respective elected and appointed officials, commissioners, boards, committees, commissions, departments, divisions, trustees, employees, agents, representatives, predecessors, successors, attorneys, auditors, (whether such persons act or acted in their personal, representative, or official capacities) and any and all persons acting by, through, under, or in concert with any of them, 25. For and in consideration of the mutual promises, representations, and agreements set forth in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, the parties hereby agree and promise to be bound by the terms and provisions of this Agreement. 8 • urrence: n F. Nic irs akland County Sheriff Date: — Date: 5 Date: FOR CONTRACTOR Date: IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF MICHIGAN ) )ss COUNTY OF OAKLAND ) FOR ..THL .COUNTY OF OA:KLANp L-Larry P. Cra.ke, Chairperson, Oakland Gounty Board of Commissioners 9 Public Services AGREEMENT TO SERVE AND/OR EXECUTE CIVIL PROCESS FOR THE OAKLAND COUNTY SHERIFF'S DEPARTMENT Deputization Addendum 1. CONTRACTOR, shall submit to Sheriff John F. Nichols, a request that Sheriff John F. Nichols appoint a specific individual, CONTRACTOR'S EMPLOYEE(S) as a Special Deputy pursuant to MCL 51.70, with the powers of a deputy sheriff, to serve and/or execute that civil process, which has been delivered to CONTRACTOR by Sheriff John F. Nichols, required by law to be served and/or executed by a deputy sheriff within the County of Oakland. 2. CONTRACTOR specifically acknowledges that there may be circumstances where CONTRACTOR'S EMPLOYEE(S) may exceed the authority granted to them by CONTRACTOR or act outside the scope of CONTRACTOR'S employment, or in breach of any agreement for services between CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S) so as to arguably avoid direct CONTRACTOR tort liability to third parties but which may, nevertheless, create claims or potential liabilities against the SHERIFF'S DEPARTMENT based upon Sheriff John F. Nichols' grant of Special Deputy powers and privileges. CONTRACTOR agrees to indemnify and hold the SHERIFF'S DEPARTMENT harmless from any and all claims, actions, suits, causes of action, proceedings, costs, expenses, damages, and liabilities of any kind whatsoever, in accordance with Paragraph 13 of this Agreement which either arise out of, result from, or are in any way connected with the Sheriff John F. Nichols deputization, revocation of deputization, or refusal to deputize CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S). 3. This Agreement shall not, in any manner, limit, or be interpreted to limit, the unilateral and complete discretion of Sheriff John F. Nichols to either deputize, refuse to deputize, or revoke the deputization of CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S) at any time. Similarly, this Agreement shall not be interpreted to require Sheriff John F. Nichols to deputize or continue the deputization of CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S) or any other person who, in Sheriff John F. Nichols' sole judgment, he does not believe is qualified or otherwise fit to either become or remain a Special Deputy. This Agreement does not grant or confer, and shall not be interpreted to grant or confer, upon any individual, any privilege or right to be either appointed as and/or remain a Special Deputy of Sheriff John F. Nichols. 4. CONTRACTOR agrees to promptly notify and/or provide Sheriff John F. Nichols with any information that may come into its knowledge or possession that might influence Sheriff John F. Nichols' decision to either deputize, continue the deputization, or revoke the deputization of any CONTRACTOR'S EMPLOYEE(S). CONTRACTOR also agrees to deliver to Sheriff John F. Nichols prompt written notice of any CONTRACTOR'S personnel action (including, but not limited to, any reprimand(s), suspension(s), discharge, resignation, demotion, etc.,) involving any CONTRACTOR'S EMPLOYEE(S). CONTRACTOR also agrees that it shall promptly deliver to Sheriff John F. Nichols written notice of any complaint(s), charge(s), or any other accusation(s) or allegation(s) of wrongdoing, whether civil or criminal in nature, that CONTRACTOR becomes aware of regarding any CONTRACTOR'S EMPLOYEE(S). CONTRACTOR agrees to cooperate with the SHERIFF'S DEPARTMENT, in any investigation conducted by the SHERIFF'S DEPARTMENT, into the character and/or fitness of any CONTRACTOR'S EMPLOYEE(S) for 10 either initial or continued deputization by Sheriff John F. Nichols. CONTRACTOR further agrees to provide the SHERIFF'S DEPARTMENT with any personnel records, employment information, and other files or information the SHERIFF'S DEPARTMENT deems relevant to the character and fitness of any CONTRACTOR'S EMPLOYEE(S). 1 1 AGREEMENT TO SERVE AND/OR EXECUTE CIVIL PROCESS FOR THE OAKLAND COUNTY SHERIFF'S DEPAPJMEFIT insurance Addendum The CONTRACTOR agrees to maintain the following insurance coverages for the life of this Agreement. The limits below represents the minimum acceptable level of coverage. All insurance obligations, bonds, and/or certificates or proof of same required in under this Addendum are subject to approval by the Oakland County Department of Risk Management. 1. Comprehensive General Liability in the minimum amount of $1,000,000 combined single limit per occurrence including coverage for broad form property damage, premises operations, independent contractors, blanket broad form contractual and all personal injury coverages. The County of Oakland, the Oakland County Sheriff, Sheriff John F. Nichols, the Oakland County SHERIFF'S DEPARTMENT, their elected and appointed officials, employees, volunteers and or agents shall be named as additional insureds. 2. Workers' Compensation insurance as required by the Workers' Compensation Law of the State of Michigan. Combined Single Limit Automobile Liability in the minimum amount of $500,000. The policy shall include coverage for owned, non-owned and hired and leased motor vehicles, as well as required no fault coverage. 4. A "Faithful Performance Bond" in the amount of $50,000 per individual for mandated services and $10,000 per individual for all others, listing Oakland County Sheriff John F. Nichols and/or the people of the State of Michigan as obligee. 5. All certificates of insurance, self insurance, and/or duplicate policies of any outside vendor or CONTRACTOR shall contain the following clauses: A. "The insurance company(s) issuing the policy or policies shall have no recourse against Oakland County for payment of any premiums or for assessments under and form of policy." B. "Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the CONTRACTOR." C. "There will be no additional exclusions running to the additional insured based upon any actions or activities of the named insured." 6. All Certificates are to provide 30 days notice of material change or cancellation. Certificates of insurance and insurance binders must be provided no less than ten (10) working days before commencement of work to the County of Oakland. 12 FISCAL NOTE BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - PRIVATIZATION OF CIVIL UNIT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed the above named resolution and finds: 1) The net costs to operate the Civil Unit in 1992 were $420,054. The projected cost to operate the Civil Unit in 1994 are $62,510 saving the County an estimated $357,544 per year. (See Attachment B for detail.) 2) To privatize the Civil Unit functions will require a profes- sional services contract with an annual cost of $18,000 based on the contract requirements with the Faithful Performance Bond requirement of $50,000 for mandated functions and $10,000 for all other per individual and allows for the elimination of a Sergeant position effective September 3, 1993 and the deletion of four vehicles assigned to the Sheriff's Department Civil Unit from the County's Leased Vehicle fleet. 3) By privatizing the Civil Unit effective June 1, 1993, the 1993 cost for the Civil Unit is $252,183 with Revenues of $32,050 for a net cost of 220,133, a cost reduction of $12,361 and a revenue increase of $6,300 from the 1993 Budget for a total 1993 savings of $18,661 as shown on Attachment A. 4) The savings should be transferred to the Projected Jail Health Savings which did not materialize. 5) The Finance Committee recommends the Budget be amended as shown on Attachment A and the contract be amended by increas- ing the flat monthly fee in Paragraph 16 of the contract to $1,500. 6) The Finance Committee recommends the resolution be amended by deleting the last "BE It Further Resolved" paragraph and replacing it with the following: "BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the reduction of six vehicles effective June 1, 1993 and an additional vehicle effective September 3, 1993 from the Sheriff's Department Civil Unit in the Oakland County Leased Vehicle fleet." FINANCE COMMITTEE I:\DAVE\SHERIFF\CIVIL.MR3 Resolution #93097 May 27, 1993 Moved by Obrecht supported by Huntoon the Personnel Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Obrecht supported by Huntoon the resolution be amended to correspond with the Personnel Committee Report and amended to concur with items 5 & 6 in the Fiscal Note. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Kaczmar, Kingzett, Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer, Powers, Price, Schmid, Taub, Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (21) NAYS: McPherson, Oaks, Aaron. (3) 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 May 27, 1993 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and'affixed the seal of the County of Oakland at Pontiac, Michigan this 27ther:J! of May 1993. (ynn D. Allen, County Clerk