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HomeMy WebLinkAboutResolutions - 1997.06.12 - 25064MISCELLANEOUS RESOLUTION # 97123 BY: Public Services Committee, Shelley G. Taub, Chairperson RE: Sheriff's Department-Contract for Process of Civil Papers/January 1, 1997 through December 31, 2000 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff 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 the Board of commissioners by Miscellaneous Resolution #95056 authorized the Sheriff to contract for the process of civil papers; and WHEREAS the privatization of this service has saved the County approximately $400,000 per year; 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 Office; 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. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners 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. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE - '-4. " •X - rn wt... . 43. . 5.04 --4 . . ,. . -< < i. c-) 0 i --1 -, _. C-.7 x. 1"4.1 . .:;•> M1..) . AGREEMENT TO SERVE AND/OR EXECUTE -c -13 . CIVIL PROCESS FOR THE r-(-7: ...... ._ — OAKLAND COUNTY SHERIFF'S DEPARTMENT r -1 6 - , .. _ , 2: i 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 County Civil Process Services, Inc., a Michigan Corporation (Michigan Corporation Number ), whose address is P.O. Box 430014, Pontiac, Michigan 48343-0014. (hereafter the "CONTRACTOR"). WITNESSETH WHEREAS, the SHERIFF'S DEPARTMENT is required by law to serve and/or execute certain "Civil Process" as defined herein; and WHEREAS, the SHERIFF'S DEPARTMENT has met these legal responsibilities by employing, directly, on a full-time basis, deputy sheriffs to serve and 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 DEPARTMENTS legal obligations, duties, responsibilities, and liabilities for serving and/or executing any 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 under the terms of this Agreement, shall be defined and as used throughout this Agreement shall 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, bond and/or any other notice; attachment involving N:\TEMPFILEUOSEPH\C1VD1V02.CON 1 Final draft 5/2/97 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 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 process in civil matters which the SHERIFF'S DEPARTMENT may be legally required to serve and/or execute which 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 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). The 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. The CONTRACTOR warrants that, at all times hereafter, any CONTRACTOR EMPLOYEE(S) shall possess any and all licenses, bonds, deputization requirements or other necessary legal or contractual prerequisites to perform any CONTRACTOR obligation and undertaking pursuant to this Agreement. 4. Except as otherwise expressly provided for in this Agreement, CONTRACTOR shall have exclusive control over his work location, his business premises and all working conditions at the CONTRACTOR'S business premises. The CONTRACTOR shall be solely and exclusively NATEMPFILEUOSEPH\GIVDIV02.CON 2 Final draft 5/2/97 5.G4 responsible for all CONTRACTOR and/or CONTRACTOR'S EMPLOYEE(S) business expenses, licenses, taxes, bookkeeping costs, insurance and bond 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. The CONTRACTOR shall be solely and exclusively responsible for furnishing and providing 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 duties and obligations under the terms of this Agreement. Except as expressly provided for in the following sub-paragraphs, the 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. 4a. The CONTRACTOR agrees that except during those periods when SHERIFF'S DEPARTMENT papers, files, or Civil Process is in the possessions of CONTRACTOR'S EMPLOYEE(S) for the purpose of serving or attempting to serve such Civil Process, all such papers and Civil Process shall be safely and securely maintained and stored at the SHERIFF'S DEPARTMENT provided facilities on County property. For this purpose only, the SHERIFF'S DEPARTMENT shall provide, and hereby grants to the CONTRACTOR a non-exclusive, revocable license to such SHERIFF'S DEPARTMENT facilities and office space to be designated by the SHERIFF'S DEPARTMENT. The SHERIFF'S DEPARTMENT shall also make available to the CONTRACTOR such necessary storage space, file cabinets, access to copy machines, and such other basic office equipment and supplies as necessary to reasonably facilitate CONTRACTOR'S maintaining the SHERIFF'S DEPARTMENTS records and Civil Process exclusively at SHERIFF'S DEPARTMENT facilities. Except as provided herein, the CONTRACTOR agrees that no SHERIFF'S DEPARTMENT equipment or papers shall be removed from SHERIFF'S DEPARTMENT premises. 4b. The CONTRACTOR warrants and agrees only to use such SHERIFF'S DEPARTMENT facilities, equipment, etc. in conjunction with the performance of its obligations under this Agreement and not in connection with the performance of any obligations for any other person or business venture or purpose in which the CONTRACTOR may be engaged. The CONTRACTOR further warrants and agrees that he shall not use any SHERIFF'S DEPARTMENT facilities as either his principal or sole office and/or as his business address, and shall, at all times, maintain a separate and distinct corporate business office at such other locations as CONTRACTOR may choose. 4c. The SHERIFF'S DEPARTMENT shall make such reasonable facilities and reasonably necessary equipment available to the CONTRACTOR at no cost to the CONTRACTOR as the Parties agree that the provision of these SHERIFF'S DEPARTMENT facilities and equipment is included as part of the consideration the CONTRACTOR is to receive in conjunction with this Agreement and is in lieu of any additional monetary consideration the CONTRACTOR would otherwise require for providing the otherwise voluminous and secured record 5.G4 NATEMPFILE\JOSEPHVVDIV02.CON 3 Final draft 5/2/97 storage retention and safekeeping for all SHERIFF'S DEPARTMENT records, files and documents. 4d. The CONTRACTOR'S use, license and access to any SHERIFF'S DEPARTMENT facilities provided under this Section shall terminate with the termination or expiration of this Agreement. 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. The CONTRACTOR shall have the right to pursue and solicit process serving duties from other potential clients as well as engage in other business enterprises. The 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. The 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. The 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. The NATEMPFILEUOSEPH\GIVDIV02.CON 4 Final draft 5/2/97 5.G4 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. The 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. The 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 an 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. The 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, in such manner as may be required by the Oakland County Auditing Division, 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. The 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 assets; comparison of NATEMPFILENJOSEPH\CIVDIV02,CON 5 Final draft 512/97 5.64 actual monies received in exchange for services rendered; procedures for determining 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 and/or the County Auditing Division or their agents for inspection at any reasonable time and CONTRACTOR shall fully cooperate with the SHERIFF'S DEPARTMENT and/or the County Auditing Division in any requested audit or information request. The CONTRACTOR shall allow the SHERIFF'S DEPARTMENT and/or the County Auditing Division or their agents 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. CONTRACTOR 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 (i.e., the County of Oakland and the Oakland County Sheriff, John F. Nichols) as additional persons indemnified thereunder. 13. CONTRACTOR agrees to indemnify and hold the SHERIFF'S DEPARTMENT, including, without limitation the County of Oakland and any and all of County of Oakland's elected officials, officers, employees, or agents, 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, including, without limitation the County of Oakland and any and all of County of Oakland's elected officials, officers, employees, or agents, 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, NATEMPFILE\JOSEPH\CIVDIV02.CON 6 Final draft 5/2/97 sex, marital status, race, color, creed, national origin. The 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 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 each item of Civil Process successfully served and/or executed by the CONTRACTOR for the SHERIFF'S DEPARTMENT in accordance with the terms of this Agreement, 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, unless as otherwise provided by law, 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. Except as expressly provided for in the following subparagraphs, 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, nonpayment, 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. The CONTRACTOR agrees that he shall serve and/or execute any 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. Except as expressly provided for in this paragraph and the following subparagraphs, the SHERIFF'S DEPARTMENT shall have no other monetary or financial obligation to the CONTRACTOR. 16a. The SHERIFF'S DEPARTMENT, for each item of Civil Process that the CONTRACTOR serves pursuant to this Agreement, for which the law specifically provides that no service and/or execution fee or mileage allowance is to be paid to the SHERIFF'S DEPARTMENT (e.g., per Court Order), the SHERIFF'S DEPARTMENT shall reimburse and pay to the CONTRACTOR an amount equal to the statutory amount provided for the exact "same type" (i.e., summons and complaint, subpoena of witnesses in a civil suit, etc) of Civil Process under circumstances where a service and/or execution fee or mileage allowance would have otherwise been received from a third party. If there is no exact "same type" of Civil Process where a service and/or execution fees or mileage fees was required by law to be received from the third party, the SHERIFF'S DEPARTMENT shall not be obligated to pay the CONTRACTOR any amount for completing such N:\TEMPFILE\JOSEPH\CIVDIVO2.CON 7 Final draft 5/2/97 5.G4 service. The SHERIFF'S DEPARTMENT shall not be obligated to pay or reimburse the CONTRACTOR for the service of any Civil Process undertaken at the request of or on behalf of any County Prosecutor's Office or Sheriffs Office other than the Oakland County SHERIFF'S DEPARTMENT. The CONTRACTOR, on a monthly basis, shall prepare and forward to the SHERIFF'S DEPARTMENT a separate invoice for the remittance of fees due pursuant to this subparagraph such invoice to be in a form or format as approved by the SHERIFF'S DEPARTMENT. 16b. The SHERIFF'S DEPARTMENT, for each writ of execution or writ of restitution undertaken on behalf of the SHERIFF'S DEPARTMENT pursuant to this Agreement: (1) where there is a reasonable question as to the ownership, title, or scope of the property to be executed upon or restored; and (2) which requires CONTRACTOR to perform any additional title or ownership research and verification before such process can be executed; and (3) where such costs cannot otherwise be legally charged to and/or are not required to be paid, in full or in part, by the party seeking the writ, the SHERIFF'S DEPARTMENT shall reimburse and pay to the CONTRACTOR a set fee in the amount of FIFTY DOLLARS ($50.00), for each such writ, subject to the maximum amount provided herein. The CONTRACTOR, on a monthly basis, shall prepare and forward to the SHERIFF'S DEPARTMENT a separate invoice for the remittance of fees due pursuant to this subparagraph such invoice to be in a form or format as approved by the SHERIFF'S DEPARTMENT. The SHERIFF'S DEPARTMENT total monetary and/or financial obligation for any fees due and owing to the CONTRACTOR for all research services described in this subparagraph and performed by the CONTRACTOR in any calendar year, shall NOT, under any circumstances, exceed TEN THOUSAND DOLLARS ($10,000) for each calendar year beginning in 1997 and ending December 31, 2000, unless this agreement is terminated prior to the scheduled expiration of this contract as provided in paragraphs 18 and 19. 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 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. 5.G4 NATEMPFILESJOSEPH\CIVDIV02.CON 8 Final draft 5/2/97 5,04 18. This Agreement shall be effective the day that the last person specifically identified as a signatory herein, signs or executes this Agreement, and, unless this Agreement is terminated as provided for in Paragraph 19, it shall remain in effect continuously until it expires on December 31, 2000. No further act is required by either party for this Agreement to expire on December 31, 2000. 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 or expires, shall survive 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. Upon the expiration or termination of this Agreement, the CONTRACTOR shall promptly return to the SHERIFF'S DEPARTMENT any and all SHERIFF'S DEPARTMENT Civil Process, papers, correspondence, the payment of any fees, for service in the possession of the CONTRACTOR and/or any CONTRACTOR EMPLOYEE(S) at that time. 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 nonpossessive, 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 Thirteen (13) pages, including the attached Insurance Addendum, and Deoutization Addendum, sets forth the entire Agreement 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. NATEMPFILE\JOSEPH\CIVD1V02.CON 9 Final draft 512/97 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, 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, but shall not include the CONTRACTOR and/or any CONTRACTOR'S EMPLOYEE(S). 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. 5.G4 N: \TEMPFILEQOSEPH ZIVDIV02.CON 10 Final draft 512/97 Date: FOR THEIC UNTY OF OAKLAND By: Jo1-0 9. McCvIroch, Chairperson, Oaklancl Giounty Board of Commissioners Witness: Concurrence: (7 . Nichols landO ounty Sheriff l Date: Date: /97 Witness: FOR: COUNTY CIVIL PROCESS, INC. Date: IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. 5.64 By: Matthew J. Ceik, 191-e-sident County Civil i'ocess Services, Inc. Date: V".. By: 11 Final draft 5/2/97 NATEMPFILELIOSEPH \CIVDIV02,CON 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. The 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). The 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). The 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). The 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 either initial or continued deputization by Sheriff John F. Nichols. The 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). 5.64 NATEMPFILE\JOSEPH\CIVDIV02.CON 12 Final draft 5/2/97 AGREEMENT TO SERVE AND/OR EXECUTE CIVIL PROCESS FOR THE OAKLAND COUNTY SHERIFF'S DEPARTMENT Insurance Addendum The CONTRACTOR agrees to maintain the following insurance coverage(s) 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 $1,000,000.00 combined single limit per occurrence including coverage for broad form property damage, premises operations, independent contractors, blanket broad form contractual and all personal injury coverage(s). 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 with Employer's Liability of $100,000.00 limit. 3. Combined Single Limit Automobile Liability in the minimum amount of $500,000.00. The policy shall include coverage for owned, non-owned and hired and leased motor vehicles, as well as required no fault coverage. If no vehicles are owned by the contractor, non- owned and hired car coverage will be required in lieu of auto fleet coverage. 4. A "Faithful Performance Bond" in the amount of $50,000.00 per individual for mandated services and $10,000.00 per individual for all others, listing Oakland County Sheriff John F. Nichols and/or the people of the State of Michigan as obligee. In addition, to meet the Sheriffs requirements for Special Deputization, a "Faithful Performance Bond" in the amount of $5,000.00 per individual CONTRACTOR EMPLOYEE(S) deputized as a Special Deputy by Sheriff John F. Nichols listing the 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. "Standard I.S.O. Additional Insured Endorsement shall be used. 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. 5.04 NATEMPFILE\JOSEPH\CIVDIV02.CON 13 Final draft 5/2/97 FISCAL NOTE (M.R. #97123) June 12, 1997 BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR PROCESS OF CIVIL PAPERS/JANUARY 1, 1997 THROUGH DECEMBER 31,2000 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed the above referenced resolution and finds that funds have been included in the FY 1997 and FY 1998 Budget to cover this activity, no additional appropriation is required. FINANCE AND PERSONNEL COMMITTEE Resolution #97123 May 22, 1997 The Chairperson referred the resolution to the Finance and Personnel Committee. There were no objections. wisrlammiglimmomm""Immum""mmomemmmilmWmwmmommow, OREGOING RESOL Date 1-c-L County Executive Resolution #97123 I . I June 12, 1997 Moved by Taub supported by Huntoon the resolution be adopted. Discussion followed. Commissioner McPherson stated he would be abstaining due to conflict of interest. AYES: Schmid, Taub, Amos, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jensen, Johnson, Law, McCulloch, Millard, Moffitt, Obrecht, Palmer, Powers. (17) NAYS: Coleman, Holbert, Kaczmar, Kingzett, Pernick. (5) ABSTAIN: McPherson. (1) 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 June 12, 1997 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 ......-.....131. County of Oakland at Pontiac, Michigan this 12th day of Ju 997 1'700 ...ayyrzo D. Allen, County Clerk