HomeMy WebLinkAboutInterlocal Agreements - 2009.02.05 - 5690
CONTRACT FOR SERVICES BETWEEN COUNTY OF WAYNE AND THE COUNTY OF OAKLAND
(CONTRACT # )
THIS CONTRACT is between the County of Wayne, Michigan, a body corporate and Charter county,
acting through the Office of the Sheriff, (the “County”) and the County of Oakland, Michigan, acting
through its Office of the Sheriff (the “Contractor”).
1. PURPOSE
1.01 The County desires to contract with the Contractor for one (1) deputy sheriff to be
assigned to the Wayne County Sheriff’s Warrant Enforcement Bureau Parole Absconder
Unit to supervise personnel, investigate, locate and arrest Michigan Department of
Corrections’ Correctional Facilities Administration escapees, Field Operations
Administration escapees, parole violators, and when authorized by the court, Field
Operations Administration, Special Alternative Incarceration probation violators.
1.02 The Contractor desires to provide services to this program by providing police personnel.
2. SCOPE OF SERVICE
2.01 The County engages the Contractor, and the Contractor agrees to provide one (1)
Oakland County deputy sheriff to service this Contract.
2.02 The Contractor’s deputy shall carry out all duties necessary to accomplish the goals of
the contract under the daily administrative direction of the Chief of Field Operations for
the Wayne County Sheriff’s Office or designee in coordination with the Oakland County
Sheriff’s Office. The deputy will not be diverted from the exclusive service of this
Contract, unless mutually agreed upon by the parties. The Oakland County Sheriff’s
Office shall retain ultimate responsibility for the supervision, direction, control,
assignment, discipline and compensation of its assigned personnel.
2.03 The deputy shall at all times remain the employee of the Contractor and shall be subject
to the same terms of employment, and retain all rights under the assigned deputy’s
current collective bargaining agreement with the Contractor. Continued assignment of
personnel to this Contract will be based upon performance and will be at the discretion of
the Oakland County Sheriff’s Office.
2.04 The parties shall confer as necessary so that the services to be performed under this
Contract proceed in an efficient and mutually satisfactory manner. If there is any dispute
between the parties regarding the extent and character of the services to be performed,
the interpretation and determination of the County governs.
2.05 This contract is effective October 1, 2008 through September 30, 2009.
2.06 The County shall reimburse the Contractor for the cost of general operations related to
participation not to exceed the total amount of Seventy Five Thousand ($75,000.00) over
the course of this agreement.
2.07 The Contractor shall submit a monthly invoice for general operations participation costs
at one-twelfth (1/12) of the total base annual compensation, or Six Thousand Two
Hundred Fifty and 00/100 Dollars ($6,250.00).
3. RECORDS - ACCESS
3.01 Each party must maintain complete books, ledgers, journals accounts, or records in
which it keeps all entries reflecting its operation pursuant to this Contract. Each party
must keep the records according to generally accepted accounting practices and for a
minimum of 3 years after the Contract’s termination and completion.
4. RELATIONSHIP OF PARTIES
4.01 The parties are independent contractors. No liability or benefits, such as workers’
compensation, pension rights, or insurance rights, arising out of, or related to a contract
for hire or employer/employee relationship, accrues to either party or either party’s agent,
subcontractor or employee as a result of the Contract. No relationship, other than that of
independent contractor will be implied between the parties, or either party’s agent,
employee, or subcontractor.
5. INSURANCE
5.01 Each party, at its expense, must maintain during the term of this Contract the following
insurance or program of self-insurance:
A. Professional liability insurance with minimum limits of $1 Million Dollars per
occurrence and $1 Million Dollars aggregate.
B. Workers’ Compensation Insurance, which meets Michigan statutory requirements.
C. Comprehensive General Liability Insurance with minimum limits of bodily injury of
$500,000 per occurrence and $1 Million Dollars aggregate and with minimum limits
for property damage of $500,000 each occurrence and $1 Million Dollars aggregate.
D. Comprehensive Automobile Liability (including hired and non owned vehicles) with
minimum limits for bodily injury of $1 Million Dollars per occurrence wand with
minimum limits for property damage of $500,000 per occurrence.
5.02 If, during the term of this Contract, changed conditions or other pertinent factors, should
in the reasonable judgment of the parties, render inadequate the insurance limits, the
party will furnish on demand such additional coverage as any reasonably be required and
available under the circumstances. The insurance must be affected under valid and
enforceable policies, issued by recognized, responsible Michigan insurers, which are well
rated by national rating organizations.
6. LIABILITY
6.01 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising
out of activities to be carried out pursuant to the obligations of the Contractor under this
Contract are the responsibility of the Contractor, and not the responsibility of the County,
if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act
on the part of the Contractor, any subcontractor, or anyone directly or indirectly employed
by the Contractor
6.02 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising
out of activities to be carried out pursuant to the obligations of the County under this
Contract are the responsibility of the County and not the responsibility of the Contractor if
the liability, loss, or damage is caused by, or arises out of, the action or failure to act on
the part of any County employee or agent.
6.03 If liability to third parties, loss, or damage arises as a result of activities conducted jointly
by the parties in fulfillment of their responsibilities under this contract, the liability, loss, or
damage must be borne by parties in relation to each party’s responsibilities under these
joint activities.
6.04 For purposes of these provisions, the term “County” includes the County of Wayne and
all other associated, affiliated, or subsidiary departments or divisions now existing or to
be created, their agents and employees.
6.05 This article must not be construed as a waiver of any governmental immunity the County,
or the Contractor, its officials, officers, agencies, or employees, have as provided by
statute or modified by court decisions.
7. TERMINATION
7.01 Either party upon 30 days written notice may terminate this Contract. Upon receipt of
such notice, the parties must immediately discontinue all work and services upon the
effective date of termination.
7.02 Each party will assist the other party in the orderly termination of this Contract and the
transfer of all aspects, tangible or intangible, as may be necessary for the orderly, non-
disrupted business continuance of each party.
8. CONFIDENTIAL INFORMATION
8.01 If either party discloses confidential information to the other party’s employees pertaining
to the disclosing party’s past, present and future activities, the receiving party must
instruct its employees to regard all information gained by each person as information
which is confidential and not to be disclosed to any organization or individual without the
prior written consent of the disclosing party.
8.02 Each party will take appropriate action with respect to its employees to insure that the
obligations of non-use and non-disclosure of confidential information concerning this
Contract can be fully satisfied.
9. NONDISCRIMINATION PRACTICES
9.01 Each party must comply with:
A. Titles Vl and Vll of the Civil Rights Act (42 U.S.C. §§ 2000d et.seq.) and The United
States Department of Justice Regulations (28 C.F.R Part 42) issued pursuant to
those Titles.
B. The Age Discrimination Act of 1985 (42 U.S.C. §6101-07).
C. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794).
D. The Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and its
associated regulations.
E. The Michigan Civil Rights Act (P.A. 1976 no. 453) and the Michigan Handicappers
Civil Rights Act (P.A. 1976 No. 220).
F. Sections 121.13, et.seq. of the Wayne County Code regarding Equal Contracting
Opportunity.
10. NOTICES
10.01 All notices, consents, approvals, requests and other communications (“Notices”) required
or permitted under this Contract must be given in writing and mailed by first-class mail
addressed as follows:
If to the contractor:
Undersheriff Michael G. McCabe
Oakland County Sheriff’s Office
1201 N. Telegraph Road
Pontiac, MI 48341
If to the County:
Suzanne Hall
Wayne County Sheriff’s Office
1231 St. Antoine
Detroit, MI 48226
10.02 All notices are deemed given on the day of mailing. Either party to this Contract may
change its address for the receipt of notices at any time by giving notice to the other as
provided. An authorized representative of such party must sign any notice given by a
party.
10.03 Termination notices, change of address notices, and other notices of a legal nature, are
an exception and must be sent by registered or certified mail, postage prepaid, return
receipt requested.
11. WAIVER OF ANY BREACH
11.01 No failure by a party to insist upon the strict performance of any term of this Contract or
to exercise any term after a breach, constitutes a waiver of any breach of term. No waiver
of any breach affects or alters this Contract, but every term of this Contract remains
effective with respect to any other then existing or subsequent breach.
12. SEVERABILITY OF PROVISIONS
12.01 If any provision of this Contract or the application to any person or circumstance is, to any
extent, judicially determined to be invalid or unenforceable, the remainder of the Contract,
or the application of the provision to persons or circumstances other than those as to
which it is invalid or unenforceable, is not affected and is enforceable.
13. MERGER CLAUSE
13.01 This document contains the entire agreement between the parties and all prior
negotiations and agreements are merged in this document. Neither party has made any
representations except those expressly set forth. No rights or remedies are, or will be
acquired by either party by implication or otherwise unless set forth.
14 JURISDICTIONS AND LAW
14.01 This Contract, and all actions arising from it, must be governed by, subject to, and
construed according to the law of the State of Michigan. Each party consents to the
personal jurisdiction of any competent court in Wayne County, Michigan, for any action
arising out of this sufficient to put the other party on notice. Neither party will commence
any action against the other because of any matter arising out of or relating to the validity,
construction, interpretation and enforcement of this Contract, in any courts other than
those in the County of Wayne, State of Michigan unless original jurisdiction is in the
United States District Court for the Easter District of Michigan, Southern Division, the
Michigan Supreme Court or the Michigan Court of Appeals.
15. MISCELLANEOUS
15.01 The Contractor covenants that it is not, and will not become, in arrears to the county upon
any contract, debt, or any other obligation to the county, including real property and
personal property taxes.
15.02 Articles 5, 6 and 15 survive termination of the Contract.
15.03 All the provisions of this Contract are “covenants” and “conditions” as though words
specifically expressing or imparting covenants and conditions are used in each provision.
15.04 Neither party is responsible for force majeure events. In the event of a dispute between
the parties with regard to what constitutes a force majeure event, the county’s reasonable
determination is controlling.
15.05 Unless the context otherwise requires, the words, “herein”, “hereof” and “hereunder”, and
other words of similar import, refers to this Contract as a whole and not to any particular
article, section, or other subdivision.
15.06 The headings of the articles in this Contract are for convenience only and must not be
used to construe or interpret the scope or intent of this Contract or in any way affect the
Contract.
15.07 As used, the singular includes the plural, the plural includes the singular, and the use of
any gender is applicable to all genders.
15.08 Contractor may not assign this or any part, or subcontract any of the work or services to
be performed without the County’s prior written approval.
15.09 No amendment of this Contract is effective unless it references this Contract, is written, is
signed and acknowledged by duly authorized representatives of both parties.
15.10 Contractor agrees to comply with all applicable Michigan Department of Corrections
policies, administrative rules, and provisions as provided in the “Agreement Between the
State of Michigan Department of Corrections and Wayne County Sheriff’s Department”
dated October 1, 2004.
16. AUTHORIZATIONS AND CAPABILITY
16.01 Each party warrants that it has taken all actions necessary for the authorization,
execution, delivery and performance of this Contract. It is ready to perform its obligations.
Each party further warrants that the person signing this Contract is authorized to do so on
behalf of its principal to this Contract.
17. SIGNATURE
17.01 The County and the Contractor, by their authorized officers and representatives have
executed this Contract.
COUNTY OF OAKLAND COUNTY OF WAYNE
By: _____________________ By:_____________________
Bill Bullard Jr. Robert A. Ficano
Chairman County Executive
Oakland County Board of
Commissioners
Date: ___________________ Date: ___________________
By:_____________________ By:_____________________
Michael J. Bouchard Warren C. Evans
Its: Sheriff_ _ Its: ____Sheriff________
Date: ____________________ Date: ___________________
September 15, 2009
Michigan Department of State
Office of the Great Seal
108 South Washington Square, Suite 1
Lansing, MI 48918
Dear Office of the Great Seal:
On February 5, 2009, the Board of Commissioners for Oakland County entered into an agreement per MR
#09013 – Sheriff’s Office – Contract for Services Between the County of Wayne and the County of Oakland for
Warrant Enforcement Parole Absconders.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the
County of Wayne and the authorizing Board of Commissioners Resolution are enclosed for filing by your
office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections
Oakland County Clerk/Register of Deeds
County Service Center, Building #12 East
1200 N. Telegraph Rd.
Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing
purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND
Joseph J. Rozell
Director of Elections
Cc: Corporation Counsel, Oakland County
Dale Cunningham, Sheriff’s Department
County of Wayne
Enclosures