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HomeMy WebLinkAboutInterlocal Agreements - 2021.12.07 - 34627INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY AND CITY OF FARMINGTON HILLS FOR APPOINTMENTS OF ARRAIGNMENT -ONLY ATTORNEYS IN THE OAKLAND COUNTY JAIL This Agreement ("Agreement") is made between the County of Oakland ("County"), a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48341, and the City of Farmington Hills ("Funding Unit'), whose address is 31555 West Eleven Mile Road, Farmington Hills, Michigan 48336. In this Agreement, County and Funding Unit may also be referred to jointly as the "Parties." PURPOSE OF AGREEMENT. County and Funding Unit enter into this Agreement pursuant to the Urban Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 et seq., for the purpose of complying with the Michigan Indigent Defense Commission Act of 2013, 2013 Public Act 93, MCL 780.981 et seq, and delineating the duties of the Parties related to providing indigent defense counsel to incarcerated defendants at video arraignments conducted in the Oakland County Jail. The Parties agree, subject to the terms and conditions set forth in this Agreement, to provide funds and/or services as described in Exhibits I and Exhibit II. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. In addition to any other defined terms in this Agreement (e.g., "Agreement," "County," "Funding Unit," "Party," or "Parties," etc.), the Parties agree that the following words and expressions used throughout this Agreement, whether used in the singular or plural, shall be defined, and interpreted as follows: I.I. Agreement Documents mean the following documents, which this Agreement includes and incorporates: 1.1.1. Exhibit I: Financial Obligations 1.1.2. Exhibit II: Scope of Services 1.2. Arraignment -Only Attornev(s) means defense attorneys appointed for the purpose of representing incarcerated indigent defendants in the Oakland County Jail at their video arraignment on a criminal complaint and warrant, bench warrant, or probation violation Monday through Friday, and at their video arraignment on a criminal complaint and warrant on Saturday or Sunday for those funding units that participate in the 52" District Court Local Administrative Order Weekend Arraignment Program. This does not include defense attorneys appointed to represent defendants at any other stage of criminal proceedings following the arraignment on the complaint and warrant, either before judgment of sentence or following judgment of sentence. 1.3. Claims mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against County or Funding Unit, or for which County or Funding Unit may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. 1.4. Coun means Oakland County, a constitutional and municipal Corporation, including, but not limited to, all of its departments, divisions, the Oakland County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, commissions, employees, agents, volunteers, and/or any such persons' successors. 1.5. County Emnlovee means without limitation, any employees, officers, managers, trustees, volunteers, attorneys, and representatives of County, including any person who was a County Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. Arraignment -Only Attorneys as defined in Section 1.2 shall not be considered County employees. 1.6. Day shall be defined as any calendar day, which shall always begin at 12:00:00 a.m. and end at 11:59:59 p.m. 1.7. Fiscal Year means October 1 through the following September 30. 1.8. Fundine Unit means the City of Farmington Hills, which is an entity created by state or local authority, or which is primarily funded by or through state or local authority, including, but not limited to, its council, its Board, its departments, its division, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. For the purposes of this Agreement, Funding Unit includes any Michigan court when acting in concert with its Funding Unit to obtain indigent defense counsel services through the County. 1.9. Fundine Unit Emnlovee means any employees, officers, directors, members, managers, trustees, volunteers, attorneys, and representatives of Funding Unit, licensees, concessionaires, contractors, subcontractors, independent contractors, agents, and/or any such persons' successors or predecessors (whether such persons act or acted in their personal, representative or official capacities), and/or any persons acting by, through, under, or in concert with any of the above who have responsibility for the delivery of indigent defense services under this Agreement and/or the Michigan Indigent Defense Commission Act, MCL 780.981 et seq. "Funding Unit Employee" shall also include any person who was a Funding Unit Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. 1.10. Michiean Indigent Defense Commission means the public body created by the Michigan Defense Commission Act, MCL 780.981 et seq. 1.11. Points of Contact mean the individuals designated by the Parties to act as primary and secondary contacts for communication and other purposes as described herein. Point of Contacts for the Parties are identified in Section. 22. 2. EFFECTIVE DATE AND DURATION OF THE AGREEMENT. 2.1. This Agreement, and/or any subsequent amendments, rescissions, waivers or releases to this Agreement, must be in writing and shall be effective when executed by both Parties with resolutions passed by the governing bodies of each Party except as otherwise specified below. The approval and terms of this Agreement and any amendments, except as specified below, shall be entered in the official minutes and proceedings of the governing bodies of each Party. An executed copy of this Agreement and any amendments shall also be filed by the office of the Clerk of the County with the Secretary of State. 2.2. This Agreement, and/or any subsequent amendments thereto, shall not become effective prior to the filing of this Agreement, and/or any possible subsequent amendments with the Michigan Secretary of State (MCL 124.510). 2.3. This Agreement takes effect on the date of March 2, 2020 and shall continue and be in effect through September 30, 2020 (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for a term from October 1' through September 30'h of every future fiscal year, unless cancelled or terminated by any of the Parties pursuant to Section 15 of this Agreement. 3. COUNTY RF,SPONSTBTLTTIES. 3.1. Subject to the terms and conditions in this Agreement, and except as otherwise provided by law, County shall provide those services for Funding Unit as described in Exhibit II. 3.2. County agrees to establish this legal relationship in all contractual documents with Arraignment - Only Attorneys as provided in Exhibit II. 3.3. County shall invoice Funding Unit as provided in Exhibit I. The sum of charges invoiced to Funding Unit shall not exceed 65% of Funding Unit's FY2020 grant from the MIDC for the purposes of reimbursing County for providing indigent defense counsel to incarcerated defendants at video arraignments conducted in the Oakland County Jail. 3.4. The Parties intend, agree, and acknowledge that no services, other than those services described in this Agreement, shall or are otherwise required to be provided by the County for or to the Funding Unit. Additional services may be contracted by mutual agreement between the Parties. 4. FUNDING UNIT FINANCIAL/PAYMENT OBLIGATIONS. 4.1. As provided in Exhibit I, Funding Unit shall be obligated jointly and severally with the City of Farmington to remit $6,902 from the 471h District Court's MIDC grant fund subcategory for reimbursements to County by March 2, 2020 and $5,915 from the 47th District Court's MIDC grant fund subcategory for reimbursements to County by May 29, 2020. Payment shall be sent along with a copy of the invoice to County as instructed on the invoices. 4.2. In future renewal fiscal years of this Agreement, County shall apply to the MIDC on behalf of Funding Unit for grant funding to cover the entire costs of providing Arraignment -Only attorneys in the Oakland County Jail and Funding Unit shall not apply to the MIDC for any grant funds to cover the costs of providing Arraignment -Only Attorneys in the Oakland County Jail. If County is awarded grant funds in future renewal years that cover the entire cost of providing representation to indigent defendants in the Oakland County Jail, Funding Unit will not have financial or payment obligations under this Agreement and will not have to pay County the amount covered by County's awarded MIDC grant funds. 4.3. If Funding Unit, for any reason, fails to pay County any monies due and owing under this Agreement as described in Exhibit I, Funding Unit agrees that unless expressly prohibited by law, County or the Oakland County Treasurer, at their sole option, shall be entitled to set off the amount due past sixty (60) days from any other Public Body funds that are in County's possession for any reason, including but not limited to, the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any setoff or retention of funds by County shall be deemed a voluntary assignment of the amount owed by Funding Unit to County. Funding Unit waives any Claims against County for any acts related specifically to County's offsetting or retaining of such amounts. 4.4. Unless there is a termination as provided for herein, Funding Unit's obligations set forth in this Section, shall be absolute and unconditional and shall not be affected by the occurrence of either Party's default of any term or condition of this Agreement, nor shall any other occurrence or event relieve, limit, or impair the obligation of Funding Unit to pay any such amount due and owing to County. 4.5. If County chooses not to exercise its right to setoff or if any setoff is insufficient to fully pay County any amounts due and owing County under this Agreement, County shall have the right to charge up to the then -maximum legal interest on any unpaid amount. Interest charges shall be in addition to any other amounts due to County under this Agreement. Interest charges shall be calculated using the daily unpaid balance method and accumulate until all outstanding amounts and accumulated interest are fully paid. 4.6. Nothing in this Section shall operate to limit County's right to pursue or exercise any other legal rights or remedies under this Agreement or at law against Funding Unit to secure payment of amounts due to County under this Agreement. The remedies in this Section shall be available to County on an ongoing and successive basis if Funding Unit at any time becomes delinquent in its payment. Notwithstanding any other term and condition in this Agreement, if County pursues any legal action in any court to secure its payment under this Agreement, Funding Unit agrees to pay all costs and expenses, including attorney fees and court costs, incurred by County in the collection of any amount owed by Funding Unit. 4.7. This Section shall not be interpreted as limiting Public Body's legal right to dispute whether the underlying amount retained by County was actually due and owing under this Agreement. 5. ASSURANCES AND WARRANTIES. 5.1. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have the legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 5.2. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules and requirements applicable to its activities performed under this Agreement, including but not limited to laws relating to nondiscrimination and conflicts of interests. 5.3. Any and all County services set forth in this Agreement are provided on an "as -is" and "as - available" basis, without any warranty of any kind, to the maximum extent permitted by applicable law. County expressly further disclaims any and all warranties, of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non -infringement and/or that any County services under this Agreement will meet any of Funding Unit's needs or requirements, will be uninterrupted, timely, secure, error or risk free/or that any deficiencies in any County service. The entire risk arising out of the use of any and all County services herein remains at all times, with Funding Unit to the maximum extent permitted by law. 6. LIABILITY. 6. L Each Party shall be responsible for any Claims made against that Party by a third parry and for the acts or ommissions of its employees arising under or related to this Agreement. 6.2. Except as provided for in Section 4.61 in any Claim that may arise from the performance of this Agreement, each Parry shall seek its own legal representation and bear the costs associated with such representation, including judgment and attorney fees. 6.3. Except as otherwise provided in this Agreement, neither Party shall have any right under this Agreement or any legal principle to be indemnified or reimbursed by the other Party or any of its employees or agents in connection with any Claim. 6.4. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party. 7. LIMITATION OF LIABILITY. In no event shall either Parry be liable to the other Party or any other person, for any consequential, incidental, direct, indirect, special, and punitive or other damages arising out of this Agreement. In no event shall County be liable to Funding Unit for any claims arising out of the conduct of Arraignment -Only Attorneys. S. DISPUTE RESOLUTION. 8.1. All disputes relating to the execution, interpretation, performance, or nonperformance of this Agreement involving or affecting the Parties may first be submitted to County's Point of Contact and Funding Unit's Point of Contact for possible resolution. County's Point of Contact and Funding Unit's Point of Contact may promptly meet and confer in an effort to resolve such dispute. The Points of Contact for each Party are set forth in Section 22. 8.2. If they cannot resolve the dispute in five (5) business days, the dispute may be submitted to the signatories of this Agreement or their successors in office. The signatories of this Agreement may meet promptly and confer in an effort to resolve such dispute. 9. NO IMPLIED WAIVER. 9.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. 9.2. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. 9.3. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 10. AUDITING County agrees that financial records will be available upon request for review or audit by Funding Unit or other appropriate officials. 11. AGREEMENT INTERPRETATION. The Parties agree that performance under this Agreement will be conducted in compliance with all federal, Michigan, and local laws and regulations. This Agreement is made and entered into in the County of Oakland and in the State of Michigan. The language of all parts of this Agreement is intended to and under all circumstances to be construed as a whole according to its fair meaning and not construed strictly for or against any Party. 12. INDEPENDENT CONTRACTOR. 12.1. The Parties agree that at all tines and for all purposes under the terms of this Agreement, the Arraignment -Only Attorneys legal status and relationship to County and Funding Unit shall be that of an Independent Contractor. 13. NO EMPLOYEE -EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be construed as creating an employee -employer relationship between County and Funding Unit. 14. NO THIRD -PARTY BENF,FICIARIES. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity. 15. TERMINATION OR CANCELLATION OF AGREEMENT. 15.1. If Funding Unit wants to terminate, for any reason, the automatic renewal of this Agreement that occurs on October 1"for any future fiscal year, Funding Unit shall provide County with a written notice of termination by June I" stating that this Agreement will not be renewed and will be terminated effective the upcoming September 30t". 15.2. I£ County wants to terminate, for any reason, the automatic renewal of this Agreement that occurs on October 1st for any future fiscal year, County shall provide Funding Unit with a written notice of termination by July 1" stating that this Agreement will not be renewed and will be terminated effective the upcoming September 30a'. 15.3. County may terminate or cancel this Agreement, in whole or in part, immediately if third -party funding for the Arraignment -Only Attorneys from the MIDC is reduced or terminated. 15.4. The Parties agree and acknowledge that either Party's decision to terminate and/or cancel this Agreement, or any one or more individual County services identified herein, shall not relieve the Funding Unit of payment obligation for any County services rendered prior to the effective date of any termination or cancellation of this Agreement. The provisions of this Subsection shall survive the termination, cancellation, and/or expiration of this Agreement. 16. RECORD RETENTION. The Parties agree to maintain records in accordance with state law. All records relative to this Agreement shall be available at any reasonable time for examination or audit by personnel authorized by law. 17. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 18. FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond the Party's control, including, but not limited to, an act of God, war, fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the other party of any such event. 19. SF,VERARiLITY. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 20. PRECEDENCE OF DOCIIMF,NTS. In the event of a conflict between the terms of and conditions of any of the documents that comprise this Agreement, the terms in the Agreement shall prevail and take precedence over any allegedly conflicting terms in the Exhibits or other documents that comprise this Agreement. 21. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or non -possessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 22. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 22.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Corporation Counsel, 1200 North Telegraph, Pontiac, Michigan 48341. 22.2. If Notice is sent to the Funding Unit, it shall be addressed and sent to: City of Farmington Hills, 31555 West Eleven Mile Road, Farmington Hills, Michigan 48336. 22.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Parry in writing of the change. 23. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan without giving effect to its conflict of law principles. 24. JURISDICTION AND VFNTJF, Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim(s) arising under or related to this Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgment obtained in such forum or taking action under this Agreement to enforce such judgment in any appropriate jurisdiction. 25. ENTIRE AGRF,F,MENT. This Agreement sets forth the entire agreement between the Parties along with the Agreement Documents. In entering into this Agreement, Funding Unit acknowledges that it has not relied upon any prior or contemporaneous agreement, representation, warranty, or other statement by the County and/or any County Agent that is not expressly set forth in this Agreement, and that any and all such possible, perceived or prior agreements, representations, understandings, statements, negotiations, understandings and undertakings, whether written or oral, in any way concerning or related to the subject matter of this Agreement are fully and completely superseded by this Agreement. 7 The undersigned hereby acknowledges that he/she has been authorized by the City of Farmington Hills to execute this agreement on behalf of the City of Farmington Hills and hereby accepts and binds the City of Farmington Hills to the terms and conditions of this Agreement. CITY OF FARMINGTON HILLS BYc� -- j� �1� DATE: Z "ZS BY: DATE: The undersigned hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. T CO TY OMOND B DATE: David T. Woodward Chairperson, Oakland County Board of Commissioners INTERLOCAL AGREEMENT BETWEEN OAHLAND COUNTY AND CITY OF FARMINGTON HILLS FOR APPOINTMENTS OF ARRAIGNMENT -ONLY ATTORNEYS .- � s- : ► KIli1►Y Y'lll_17J EXHIBIT I: Financial and Reporting Obligations Under the terms of the agreement, from the effective date of the Agreement through September 30, 2020, the Funding Unit jointly and severally with the City of Farmington agrees to pay the County $12,817 which is 65% of the 47th District Court's portion of the MIDC grant fund subcategory for reimbursing County for providing the Arraignment -Only Attorney services conducted in the Oakland County Jail from the effective date of the Agreement through September 30, 2020. County shall invoice Funding Unit for the 65% of the MIDC grant fund subcategory through two invoices in FY2020. Funding Unit shall jointly and severally be obligated with the City of Farmington to remit $6,902 of the 4711 District Court's portion of the MIDC grant fund subcategory for reimbursements described above to County by March 2, 2020. Funding Unit shall jointly and severally be obligated with the City of Farmington to remit the last payment $5,915 of the 47' District Court's MIDC grant fund subcategory for reimbursements described above to County by May 29, 2020. In future renewal years of this Agreement, County shall apply to the MIDC on behalf of Funding Unit for grant funding to cover the entire costs of providing arraignment -only attorneys in the Oakland County Jail. If County is awarded MIDC grant funds in future renewal years that cover the entire cost of providing representation to indigent defendants in the Oakland County Jail, Funding Unit will not have to pay County the amount covered by County's awarded MIDC grant fonds. OAKLAND COUNTY INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY 0 CITY OF FARMINGTON HILLS FOR APPOINTMENTS OF ARRAIGNMENT -ONLY ATTORNEYS IN THE OAKLAND COUNTY JAIL EXHIBIT II: Scope of Services Under the terms of this Agreement, County will provide Arraignment -Only Attorneys beginning on or about March 2, 2020 Monday through Friday to represent Funding Unit's indigent misdemeanor and felony charged defendants housed in the Oakland County Jail at their video arraignments on criminal complaints and warrants, bench warrants or probation violations. For those Funding Units which participate in the 521d District Court Local Administrative Order Weekend Arraignment Program, County will also provide Arraignment -Only Attorneys on all Saturdays and Sundays to represent those indigent misdemeanor and felony charged defendants housed at the Oakland County Jail at their arraignments on the complaint and warrant. County has the sole responsibility to recruit Arraignment -Only Attorneys and appoint Arraignment -Only Attorneys for arraignments conducted in the Oakland County Jail. County will be responsible for determining if the Arraignment -Only Attorneys have the minimum education and training levels required by the Michigan Indigent Defense Commission. County will be responsible for completing background checks of Arraignment -Only Attorneys necessary for their presence in the Oakland County Jail. County in coordination with the Oakland County Sheriff's Office will provide basic safety and procedural training to Arraignment -Only Attorneys in the Oakland County Jail. County will not have any direct control over the manner or means by which Arraignment -Only Attorneys perform their services and Arraignment -Only Attorneys shall exercise their own independent judgment while representing indigent defendants. County will not control or direct their professional duties as an indigent defense counsel under Standards promulgated by the Michigan Indigent Defense Commission. Any agreement with Arraignment -Only Attorneys shall expressly state that Arraignment - Only Attorneys are independent contractors obligated to pay income and self-employment taxes. County shall provide Arraignment -Only Attorneys with IRS Form 1099 as required by federal law. County has the sole discretion to determine the staffing levels of Arraignment -Only Attorneys on any particular day during the term of the Agreement. County will coordinate with Funding Unit and other county funding units and schedule a daily time for Funding Unit to conduct arraignments via polycom from the Oakland County Jail. 10