FEBRUARY 23, 2010

Agenda Item No. 39

Introduced by the Law Enforcement and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION  TO APPROVE A SETTLEMENT AGREEMENT REGARDING THE LAWSUIT OVER THE INFINITY NETWORKS, INC. PROVISION OF LOCAL AND LONG DISTANCE SERVICE FOR INMATE AND PUBLIC PAY TELEPHONES

RESOLUTION #10-068

WHEREAS, the County entered into a five year agreement with Infinity Networks, Inc. for new equipment, new visitation telephones, local and long distance service for all inmate and public telephones based on the terms and conditions as outlined in the Request for Proposals Packet #18-05 and Infinity Networks, Inc. response dated August 16, 2005; and

WHEREAS, the vendor failed to perform satisfactorily and was in material breach of the Agreement for failure to pay the commissions due and owing under the Agreement; and

WHEREAS, the Ingham County Controller/Administrator provided a communication to Infinity Networks, Inc./ DC Telesystems, LLC giving notice of Ingham County’s  intent to terminate the Communication Services  Agreement effective January 1, 2009, or as soon thereafter as a new inmate telephone system is in place; and

WHEREAS, that Ingham County reiterated its demand for payment of all unpaid commissions due under the Agreement, and reserved the right to pursue its remedies to collect this contractual debt through Resolution

#08-364; and

WHEREAS, the County secured another vendor to provide a Communication Services Agreement for these services and identified the damages incurred by the County; and

WHEREAS, the County filed a lawsuit in the United States District Court to recoup its damages; and

WHEREAS, the County participated in a mandatory mediation conference on February 10, 2010; and

WHEREAS, the Ingham County Controller/Administrator is recommending a settlement agreement reached through the mandatory mediation conference.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby adopts this Resolution to approve the Ingham County Controller/Administrator‘s recommendation to approve the attached Settlement Agreement with Infinity Networks, Inc.

LAW ENFORCEMENT:  Yeas:  Holman, Koenig, Copedge, Celentino, Bupp, Schafer

     Nays:  None     Absent:  None          Approved  2/11/10

FINANCE:  Yeas:  Grebner, Tennis, Bahar-Cook, Schor, Holman, Dougan

     Nays:  None     Absent:  None       Approved  2/17/10