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HomeMy WebLinkAboutResolutions - 2013.02.07 - 20691MISCELLANEOUS RESOLUTION #13010 January 23, 2013 BY: Human Resources Committee, John Scott, Chairperson IN RE: CIRCUIT COURT/FAMILY DIVISION — REQUEST FOR APPROVAL OF CONTRACT WITH A FORMER COUNTY EMPLOYEE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has authorized and recognized the value of professional services contracts with former county employees and established a criteria for such arrangements in resolution #93300 to ensure the appropriate review and approval of such professional services contractual arrangements; and WHEREAS the Family Division of the Sixth Circuit Court operates a Psychological Clinic in order to conduct court-ordered psychological evaluations referred to the Psychological Clinic (Clinical Services unit) of the Oakland County Circuit Court - Family Division. The evaluations pertain to delinquency, neglect/abuse, and domestic matters, or other matters under the jurisdiction of the Family Division. The evaluations can be for minors or adults and may involve more than one person at a time. They are complete assessments and include review of records, consultations with third parties, interviews, administration and interpretation of psychological tests, report preparation, and other tasks as may be required. WHEREAS the Circuit Court's Psychological Clinic currently receives between five hundred and six hundred psychological evaluation referrals each year, of which a certain amount of evaluations need to be completed by Phd level clinicians who have the required education and training; and WHEREAS it has been determined by the Circuit Court that an effective way to handle these referrals and provide court-ordered psychological evaluation services to the Court is through the use of Professional Service contracts with local experts in the field; and WHEREAS Susan Tremonti meets the minimum qualifications and was selected from a competitive Request for Qualifications (RFQ) process; and WHEREAS Susan Tremonti was a Senior Psychologist for the Circuit Court's Psychological Clinic for approximately two years as an employee from June, 2007 — April, 2009; and WHEREAS the Circuit Court Family Division (Clinical Services Unit) is requesting a contract with Susan Tremonti from January 30, 2013, through October 31, 2013, with the ability to extend one year for the next four years if both parties are satisfied with the arrangement; and WHEREAS the cost for this contract is not to exceed $20,000 the first year or $100,000 for the five year life of the contract and funding is included in the Circuit Court's Professional Services line item; and WHEREAS this contract is contingent upon final approval by the Human Resources and Finance Committees because it involves a former County employee NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the professional services contract between the County and psychologist Susan Tremonti. Chairperson, on behalf of the Human Resources Committee, I move adoption of the foregoing resolution. H"IVIAN RESOIJP, As COMMITTEE HUMAN RESOURCES COMMITTEE Motion carried unanimously on a roll call vote with Runestad absent. Wayne State University Sept. 1989-1991 Detroit, Michigan Master of Arts, Educational Psychology Michigan State University Sept. 1985-1989 East Lansing, Michigan Bachelor of Arts, Psychology C....ft.-, T% A 013 -D ..lasan M. 'FreunAlLi, 1.1..1 .5 11JUll EDUCATION American Board of Forensic Psychology A Specialty of the American Board of Professional Psychology May 2008 Awarded Board Certification in Forensic Psychology in May of 2008 folloWing an extensive certification process including a written examination, review of written practice samples, and an oral examination. Board Certification is offered through the American Board of Professional Psychology with a specialty in Forensic Psychology. Wayne State University Sept. 19914999 Detroit, Michigan Doctorate of Philosophy, Educational Psychology Dissertation Topic: The Emotional and Psychological Status of Very Low Birth Weight Children Completed requirements for Full Lieensure in April 2002 Awarded the Graduate Professional Scholarship in both 1992-1993 and 1995-1996 EMPLOYMENT EXPERIENCE Center for Forensic Psychiatry April 2009- present 8303 Platt Road Saline, Michigan Position: Consulting Forensic Examiner Responsibilities include conducting Forensic Evaluations for the State of Michigan. most frequently Competency to Stand Trial, Criminal Responsibility, and Competency to Waive Miranda Warnings evaluations on criminal defendants. Reports and court testimony is then provided. Additional responsibilities include providing individual and group therapy on the Center's inpatient units. , County of Oakland, Circuit Court, Family Division January 2009- April 2009 , Psychological Clinic 1200 North Telegraph Road Pontiac, Michigan Position: Chief of Clinical Services for Court Psychological Services, 6 61 Circuit Court Responsibilities included managing and overseeing the clay to day functioning of the Psychological Clinic, providing staff development trainings, supervising psychology interns, and monitoring the responsibilities of the staff psychologists. While serving as Chief of Clinical Services, responsibilities also included continuing to evaluate both adults and juveniles as Court-ordered and as was expected while employed as Senior Psychologist (described below). County of Oakland, Circuit Court, Family Division June 2007- January 2069 Psychological Clinic 1200 North Telegaph Road Pontiac, Michigan Position: Senior Clinical Psychologist Responsibilities included: the completion of comprehensive psychological evaluations on children, adolescents, adults, and families as Court-ordered through the Oakland County Circuit Court, Family Division. Evaluations within this position included pre-trial evaluations on youth, dispo•sitional evaluations on youth involved in the delinquency system as well as dispositional evaluations on adjudicated adults and children involved with abuse and neglect cases. Provision of expert testimony to Court relative to psychological evaluations was also required. Responsibilities also included the recruitment and supervision of Ph.D. psychology practiciim students. Third Circuit Court of Michigan, Family Division Feb. 1999-May 2007 Clinic for Child Study 1025 East Forest Detroit, Michigan • Position: Psychologist 1V-Supervisor of Specialized Assessments Responsibilities included: the completion of comprehensive psychological evaluations on children and adolescents involved with the Third Circuit Court, Juvenile Division and the preparation of Court-ordered reports. Referrals within this position focused on specialized assessments, including but not limited to Competency to Stand Trial, Criminal Responsibility, Miranda Warnings, and Dispositional evaluations related to both juvenile and family matters. in addition, as Clinical Supervisor, responsibilities also included the supervision of Ph.D. psychology practicurn students, as well as supervision of colleagues on an individual case basis. liavenwyck Hospital Nov. 1997-July 1998 1525 University Drive Auburn Hills, Michigan Position: Unit Psychologist; Inpatient Impulse Control Disorder Unit Responsibilities included individual, gn-oup, and family therapy with adolescent males ages 11-17. Focus of IT eatment was on sexually impulsive, inappropriate behavior and family conflicts. Worked with collaborative team including Psychiatrists, Nurse Practitioners, Social Workers, Unit Staff and Probation Officers. Midwestern Educational Resources, INC. April 1992-July 1998 4190 Telegraph Road Bloomfield Hills, Michigan Position: Contractual Psychologist Responsibilities included providing individual psychotherapy and psychological arid educational evaluations for children and adolescents. CLINICAL TRAINING Sinai hospital Sept 1993- 1995 14800 West McNichols Avenue Detroit, Michigan Position: Clinical Psychology Intern Responsibilities in the APA accredited internship included supervised therapy with Outpatient clients, comprehensive psychological assessments in inpatient, day hospital, and outpatient services, specialized neuropsychological training and assessment, participation in Walk in Crisis Clinic rotation that included evaluation and crisis interventions and participation in the Developmental Assessment Clinic rotation, which included evaluations and assessments of infants and toddlers born through Sinai Hospital's NICIJ. Downriver Guidance Center June 1991-Dec. 1991 14665 Northline Road Southgate, Michigan Position: Clinical Psychology Practicum Student Responsibilities included psychotherapy for adult outpatients, group therapy for anxiety disorders, and psychological evaluations for both adolescents and adults with weekly supervision, and presentation at case conferences. PROFESSIONAL CONTRIBUTIONS Michigan Judicial Institute-Family Division Referee Seminar November 6, 2008 Lansing, Michigan Presented seminar to State of Michigan Referees regarding the Assessment of Juvenile Competency. Michigan Judicial "Institute-. Judicial Symposium May 22, 2008 Lansing, Michigan Presented seminar to State of Michigan Judges regarding the Assessment of Juvenile Competency. Oakland County Circuit Court-Family Division Psychological Clinic April 9, 2008 Pontiac, Michigan Presented comprehensive training relative to Juvenile Sex Offender Evaluations, updated research and standards of practice to Clinic Staff and community professionals. 3 Wayne County Third Circuit of Michigan-Family Division May 2-3 2006 Detroit, Michigan Co-presented a seminar to the Third Circuit Court Judges and Referees titled Juvenile Competency and Related Diminished Capacity Issues, The Institute of Continuing Legal Education July 8, 2005 Detroit, Michigan Presented a discussion specific to competency to stand trial and criminal responsibility evaluations as a part of a larger panel discussion at an annual training for attorneys working within the Third Judicial Circuit Court of Michigan. American College of Forensic PsychoIon' April 15, 2005 Newport Beach, California Wrote and presented' a paper focused on Juvenile Incompetence Judments at the 21' American College of Forensic Psychology Annual Symposium. 4 September 17, 2012 To Whom It May Concern, I am submitting a Request for Qualification in order to complete contractual Court Psychological Evaluations for the Oakland County Circuit Court-Family Division. I have attached my resume which outlines my employment history as it relates to the legal system. In 1999, began working at the Clinic for Child Study, associated with the Third Circuit Court, Family Division of Wayne County, Michigan. Through my work there I completed psychological evaluations on youth involved with the Court system. These evaluations included dispositional evaluations as well as Competency to Stand Trial, Competency to Waive Miranda, and Criminal Responsibility evaluations. At the Clinic for Child Study, I also completed evaluations on families involved with allegations of abuse and neglect; however, the majority of my work was focused on juveniles. After completing these evaluations and rendering an opinion, I would also be available for Court testimony. I stayed with the Clinic for Child Study for approximately eight years before moving to the Psychological Clinic associated with the Oakland County Court, Family Division, irr order to be closer to home. I was employed through Oakland County for just less than two years (June of 2007 through April of 2009), during a period of transition for the Psychological Clinic. The majority of my time was spent as a "Senior Psychologist," completing Court-ordered evaluations on youth involved in the delinquency system as well as on families involved with abuse and neglect cases. On occasion, I was called to testily on my findings. For a brief period of time, I also served as a manager for the Psychological Clinic, overseeing the day to day functioning of the Clinic in addition to continuing with my role as an evaluator. In April of 2009, I left the Clinic for employment at the Center for Forensic Psychiatry. I have been employed at the Center for Forensic Psychiatry for three and a half years. While the focus of my work remains forensic in nature, the evaluations are solely on adult criminal defendants or on youths being tried as adults. I complete Court-ordered evaluations on criminal defendants, evaluating for Competency to Stand Trial, Competency to Waive Miranda, and Criminal Responsibility. As with all Court-ordered evaluations, l am available for testimony. For the past 13 years, the focus of my work has been on completing psychological or forensic evaluations for the Court. As I plan to continue with my employment at the Center for Forensic Psychiatry, I am requesting qualification to complete evaluations on juveniles involved with Oakland County Circuit Court — Family Division. Completing evaluations on adults involved with abuse and neglect cases could become a potential conflict of interest as these adults may face criminal charges as well and may be referred to the Center for Forensic Psychiatry. In addition, the focus of my training, education, and career has been on the assessment of juveniles and I feel this is an area of professional strength. Thadnk you fot>considering my Request for Qualification, ThD Susan Tremonti, Ph.D. ABPP Buyer Circuit Court10/31/2013 Event 002370C "--"" frOATox COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND ND rOTTNTY PURC EING OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER: 003696 Contract Effective Date: 1/3/2013 Contract Expiration Date: 10/31/2013 Contract - NOT TO EXCEED AMOUNT $ 2000.00 This "Contract" is made between the COUNTY OF OAKL4ND, iMichigan Constitutional Corporation, hereinafter called "County", and the "Contraeibr" as further described in the followinv Table. In this Contract, either Contractor or the Coumsi may also bezeferred to individually A a "Party" or jointly as the "Parties". COUNTY OF OAKLAND 2100 Pontiac Lake Road Waterford, MI 48328 (herein, the "County") SUSAN TREMONTI Susan Treinonti 1206 Janlain Court BloOmfield Hills MI 48302 Vendor I.D. No -12293 ,-- ! : (herein the "Contractor") This Contract is organized and divided into the following "Section" or "Sections" for the convenience of the Parties. SECTION 1. CONTRACT DOCIAVIENTS AND.DOINITIONS SECT ION 2. CONTRACT.. EFFECTIVE DATE AND TPFME\IATION SECTION 3. SCOPE OF CONTRACTOR'S SERVICES SECTION 4. COUNTY PAYMENT OBLIGATION FOR CONTRACTOR'S SERVICES SECTION 5. CONTRACTORASSURANCES AND WARRANTIES SECTION 6. CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION SECTION 7. GENERAL TERMS AND CONDITIONS OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (111PAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Pa a ft 1 COUNTY MICHIGAN L BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY PURC A SING In consideration of the mutual promises, obligations, representations, and assurances in this Contact, the Parties agree to the following: CONTRACT DOCUMENTS AND DEFINITIONS The following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or non-possessive, and/or either within or without quotation marks, shall be defined and interpreted as follows: 1.1. "County" means the County of Oaldand, a Municipal and Consqtl Corporation, its departments, divisions, authorities, boards, committees, and "Crunty Agent" as defined below. 1.2. "County Agent" means all elected and appointed officials,' directors, board members, council members, commissioners, employees, volunteers, r- ergsentatives,and/or any such persons' successors (whether such person act or acted in thxi`.kseinal representative or official capacities), and/or any persons acting by, throu ; under, or in conceit with any of them. "County Agent" shall also include any pers9n Who was k:Vounty Agent" anytinisAuring the term of this Contract but, for any reason,lenger eniOiloyed, appointed, or Meted and serving as an Agent. 1.3. "Contract Administrator" or "County RepresentatiVer':ineans the individual by the County to act as a liaison between the CoNty and the Contractor. Any questions or problems the Contractor may have concerning he work under this Contact should be directed to this 1.4. "Contact Documents" means the following 4cuments which are included and fully incorporated into this Contract: 1A.1 Exhibit I: Contractor Insurance ReqUirement; 1.4.2 Exhibit,10 SCone-pf Contractor's 'Servicers. 1 A3 Exhnt Ill Construction Drawings, and Specifications. (If Applicable) 1.5. "Contrac , MPloyee" Means without limthtion, any employees, officers, directors, members, managers, trustees, volunteers, attorneys, and representatives of Contractor, and also includes any Contractor licensees,,con?. essionaires, contractors, subcontractors, in' ndent contractors, contractor's suppliers, subsidiaries, joint ventures or partners, and/or any such persons, successors or predecessors, employees, (whether such persons act or acted in their :personal, rePresentative or official capacities), andlor anyr and all persons acting by, through, under, or in Concert with any of the above. "Contractor Employee" shall alsii include any person who 'as a Contractor Employee at anytime during the term of this contract but, for anyreason, is no longer employed, appointed, or elected in that capacity. 1.6. "Subcontractor" inchides only those having a direct contact with the Contractor in the way of labor or 'materials 14orked to a special design. One who merely furnishes material to the Contractoris n4cluded in this definition. 1.7. "Claims" means any alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgements, deficieneies, liability, 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 imposed on, incurred by, or asserted against the county, or for which the county may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, §1. Rev 2012112/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (IHPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 2 frOAK100 L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND ,A ND enuNTv COUNTY MICHIGAN PURC SING 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 arc brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. 1.8. "Day" means any calendar day, which shall begin at 12:00:01 a.m. and end at 11:59:59 p.m. 1.9. "Working Day" means any calendar day except Saturday, Sunday, and County legal holidays. 1.10. "E-Verify" is an Internet based system operated by the Departinent ofTlorneland Security (DHS) in partnership with the Social Security Administra s (SSA) that allows participating employers to electronically verity the employment eligibir? of their new hired employees. For more information and to register visit https://e-verify.uscis.gbv/enroll/. 1.11. "Written Notice" shall be considered properly seryed if delivered in person to the Contractor, or to a member or office of his company; also iptlivei%d at, or sent by registered mail to, the last known business address of the Conqacfor. 1.12. "Intellectual Property" means any developitents, improvernents, designs, innovation, and materials that may be the subject of a trademark/servicetriarkopyright or patent, trade secrets or Proprietary Information. 1.13. "Proprietary Information" mean‘deas, concepts, inventions and processes related to the development and operation of coMputer software and syStepas such as source code, object code, security procedures and. passwords. §2. CONTRACT EFFECTIVE DATE AND TERMINATION „ 2.1. The effective date of this Contract shall be as stated on the lirst page of this Contact, and unless otherwise Wiiirfated or canceled as Provided below, it shall end at 1159:59 p.m. on the "Contract Expiration Date" shown on the first page of this Contract, at which time this Contract el=res without any further act or notice of either Party being required. The Parties „pra: are under no obligation to renew or extend thiS;Contract after Contract Expiration Date. Notwithstanding the,aboat, under no circuOstances shall this Contract be effective and birid4iantl no payments to the Cent-actor shall be due or owing for any Contractor services Uittil and Unless: 1.1 .1. This Contract is si'f=i-i ,.;11-,‘, a contractor employee, legally authorized to bind the Contraetör. - 211.2. Any and all Contractor Certificates of Insurance and any other conditions precedent to the Contract have been submitted and accepted by the County. 2.1.3. This Contract is signed by an authorized agent of Oakland County Purchasing, as prOvided fol on the signature page of this Contract, who shall be the final signatory to this Contrat. 2.2. The County may terminate and/or cancel this Contract (or any part thereof) at any time during the teirn, any renewal, or any extension of this Contract, upon ninety (90) days written notice to the Contractor, for any reason, including convenience without incurring obligation or penalty of any kind. Notwithstanding the above, if the County is being reimbursed for any cost or expenses incurred under this Contract by any third party, including any Federal, State or local governmental agency, and any such third party funding is terminated, the County may terminate, end or cancel this Contract immediately upon written notice to the . Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (IRPAA) PROFESSIONAL, SERVICE CONTRACT NUMBER 093696 • Page 3 L. BROOKS PATTERSON-COUNTY EXECUTIVE )7- OAKLAND COUNTY CO COUNTY MICHIGAN PURC ASING Contractor. The effective date for termination or cancellation shall be clearly stated in the written notice. 2.3. The County's sole obligation in the event of telinination is for payment for actual services rendered by the Contactor before the effective date of termination. Under no circumstances shall the County be liable for any future loss of income, profits, any consequential damages or any loss of business opportunities, revenues, or any other econrie benefit Contractor may have realized but for the termination and/or cancellation of thi onn -act, The County shall not be obligated to pay Contractor any cancellation or tetinination fee if this Contract is cancelled or terminated as provided herein. 2.4. Contractor may terminate and/or cancel this Contact (of any part thereof) at anytime upon one hundred and eighty days (180) days written notice'‘ the County, if the County defaults in any obligation contained herein, and within the one hundred and eighty days (180) notice period the County has failed or has not attempted to cure any such default. The effective date of termination and/or cancellation and the specific alleged default shall be clearly ,stated in the written notice. , 2.5. Under no circumstances shall the County be obligated to pay tile contactor f6r any Services rendered or Goods delivered which have not been inVoiced, as required herein, within sixty (60) days of the date such Good l were actually delivered to the County or Services were actually rendered pursuant to this thitract. 3. SCOPE OF CONTRACTOR'S SERVICES' 3.1. The Contractor shall perform all work identified and itemized in Exhibit II: "Scope of Contractor's SerVices". 3.2. The work perfoii;i:ed by Contractor shall be done pursuant to the Drawings and SpecificatioxiS attached as Exhibit III. (If Applicable) 4. COUNTY PAI}MENt OBLIGATIONS FOR eONTRACTOR'S SERVICES 4.1. Except as otherwise expressly Provided for4n this Contract, the Comity's sole financial -iori to the Contractor for any serViees under this Contract shall be: 4.1.1. In no event, shall the County's amount due and owing the Contractor for any and all services rendered exceed the amount identified as the "NOT TO EXCEED AMOUNT" on the first page of this Contract. In the event the Contractor can reasonably foresee total billings for its services will exceed this "NOT TO EXCEED AMOUNT", the Contractor shall provide the County with notice of this contingency;at least fifteen (15) Days before this event. 4.1.1. The COntrador shall submit an invoice to the County which shall itemize all amounts due and/or owing by the County under this Contract, as the date of the invoice. The invoi&-s shall be submitted in the foim and schedule approved by the County. The County shall have no obligation to make payment until a proper invoice of service is submitted. The County reserves the right to make partial payments on account of the amount due the Contractor as the work progresses. 4.2. Payment Schedule. 4.2.1 Payment schedule as specified in Exhibit II Scope of Contractor's Services. •41811512n1111 Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE. PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 4 c A I A NATI-A-- - _ OA COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE AX_ 1 C NJ' T • LL 1 1-.• PURCHASING 4.2.1. Final payment for the work performed under this Contract shall not be made until all work is satisfactorily performed and final clean-up has been perfonded. 4.3. Under no circumstances shall the County be responsible for any cost, fee, fine, penalty, or direct, indirect, special, incidental or consequential damages incurred or suffered by Contractor in connection with or resulting from the Contractor's providing any services under this Contract. 4.4. The County has the right to offset any amounts due arid owing tti th.econtractor should the County incur any cost associated with this Contract that is thp'ebligations of Contractor under this Contract. This includes withholding payment in:the ;amount of any County provided equipment, supplies or identification badges Oat are not returned by Contractor upon completion of the services provided under this Cokract. 4.5. This Contract does not authorize any in-kind scr‘s b*.y either Party, unless expressly provided herein. . 4.6. Change Order Process. 4.6.1. Changes in the Contract, Contract price or Scope Of '0 irk shall only Occur in writing via a "Contract Change Order". 4.6.2. Contract Change OrdersViall be used to reflect additions to, reductions in, or changes to the Scope of Work (Exhibit II), Construction Drawings and Specifications (Exhibit III) (If Applicable), Contract price, or any other changes to de Contract. 4.6.3. The Contract Change Order shall indicate the reason :or the addition, reduction, change, the cost impact, the neiv total Contract price' and the resulting impact on the work scheOlbk:, 5. CONTRACTOWg ASSURANCES AND WARRANTIES 5.1. The rontr.ntor certifies that all statements, ==ssi tgann,-s, records, and materials submitted to County in connection with Securing this Contract have been truthful, complete and accurate in all respects. The Contractor agrees and derstands that any material false statement, representatiO or omission made in connection with its seeking or obtaining this Contract may be grounds for cancel jug or terminating this Contract and/or debarring the Contractor from future Con* contracts: The'County's right to cancel this Contract as provided herein shall be in addition to any other rights the County has to terminate or cancel this Contract. 5.2. Service Warranty. Contractor warrants that all services performed hereunder will be perfornied in a manner that complies with all applicable laws, statutes, regulations, ordinances, and professional standards. 5.3. Business 'and Prctfessional Licenses. The Contractor will obtain and maintain at all times during the term. of this Contract all applicable business and professional licenses necessary to provide the cOntracted services. 5.4. Equipment and Supplies. The Contractor is responsible for providing equipment and supplies required to complete the specified services under the Contract unless otherwise expressly set forth in the Contract, 5.5. Taxes. The Contractor shall pay, its own local, state and federal taxes, including without limitation, social security taxes, and unemployment compensation taxes. The County shall Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 5 L. BROOKS PATTERSON-COUNTY EXECUTIVE I 11' •n IrOAKLAT OAI AND COUNTY COUNTY MICHIGAN P CHASING not be liable to or be required to reimburse the Contractor for any federal, state and local taxes or fees of any kind. 5.6. Contractor's Incidental Expenses. Except as otherwise expressly provided in this Contract, the Contractor shall be solely responsible and liable for all costs and expenses incident to the performance of all services for the County including, but not limited to, any professional dues, association fees, license fees, fines, taxes, and penalties. 5:7. F.-Verify. In accordance with Miscellaneous Resolution No.091i6 (BOC., Minutes, July 30, 2009, pp 37-38), unless otherwise exempted, all service contractors and/or vendors who wish to contract with the County to provide services must first crtify they have registered with, will participate in, and continue utilize, once registereekthe E-Verify Program (or any successor program implemented by the federal govimment or its departments or agencies) to verify the work authorization status of all newly,edtmilloyees employed by the contractors and/or vendors. Breach of this tenn'br conditions is considered a material_ breach of this agreement. 5.8. Contractor's/Vendor's execution of this agreement c,onstittit a certification that they are authorized to certify on behalf of contractorivendOr and do hereby certify on'behalf of contractor/vendor that the contractor/vendor has registered with, has and will participate in, and does and will continue ufia, once registered and throughout the term of this contract and any permissible extension hereof, the E-Verify Prograrn(or o.any successor program implemented by the federal government er its departments or agencies) to verify the work authorization status of all newly hired employees employed tiy the contractors and/or vencinrs. vendors. 5.9. Contractor Empl F 5.9.1. The Contractor shall employ and assign qualified Contractor Employees as necessary and -appropriate to provide the services tinder this Contract. Contractor shall ensure all Contractor Employees have all the necessary knowledge, skill, and qualifications necessary to perform the iltred services and possess any necessary licenses, permits, certificates, and governmental authorizations as may required by law. 5.9.2. The Contractor shall solely control, direct, and supervise all Contractor Employees „ with respect to all CcintragOr obligations under this Contract. The Contractor will be solely responsible forand fully liable for the conduct and supervision of any Contractor Employee: All Contractor: Employees shall wear and display appropriate County provided identification at all times while working on County premises. The Contractor shall return all County provided identification when any of the following situations occur: (1) Lipati completion of the last day of work provided under this Contract; (2) when a Contractor Employee has completed the work under this Contract; or (3) when a Contractor Employee no longer works for Contractor. 5.9.4. All Contractor Employees assigned to work under this Contract may, at the County's discretion, be subject to a security check and clearance by the County. 5.9.5. All newly hired Contractor Employees, unless otherwise excluded under Misc. Resolution No. 09116 must undergo employment eligibility verification through the Rev 2012/12110 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 6 , mispow AM, 6. coNvErecrith4 PROVIDED INSURANCE AND INDEMNIFICATION 6.1.;:' Indemnification. , 6.1.1. The Contrador shall indtnify and hold the County harmless from any and all Claims which are incurred by or asserted against the County by any person or entity, alleged to have been caused or found to arise, from the acts, performances, errors, or Omissions of the Contractor or Contractor's Employees, including, without limitation, Claimsliating to injury Or death of any person or damage to any property. 6.1.2. The indeTnification rights contained in this Contract are in excess and over and above any valid and collectible insurance rights/policies. During the term of this Contra.ct, if the validity or colleetability of the Contractor's insurance is disputed by the insurance company, the Contractor shall indemnify the County for all claims asserted against the County and if the insurance company prevails, the Contractor shall indemnify the County for uncollectible accounts. E-Verify system. Failure of to verify newly hired employees is a material breach of this agreement. 5.10. Contractor Employee-Related Expenses. All Contractor Employees shall be employed at the Contractor's sole expense (including employment-related taxes and insurance) and the Contractor warrants that all Contractor Employees shall fully comply with and adheres to all of the terms of this Contract. The Contractor shall be solely and completely liable for any and all applicable Contractor Employee's federal, state, or local payrrg4 -Nyithholdings or contributions arid/or any and all Contractor Employee relatedpen_sion Or welfare benefits plan contribution under federal or state law. The ContractOr shall indemnify and hold the County harmless for all Claims against the County by p4 Contractor Employee, arising out of any contract for hire or employer-employee relationkp between the Contractor and any Contractor Employee, including, but not limited tOiiiWo4cer's Compensation, disability pay or other insurance of any kind. 5.11. Full Knowledge of Service Expectations wig 'Attendant Qteurnstances. The COntfactor warrants that before submitting its bid antrentering into this Contract, it had a Atli opportunity to review the proposed services, exaMine alt MeaSnrements, diminsions, and existing conditions of the work area for this Contraetand to review all County requirements and expectations under this Coriact. The Contractor is responsible for being adequately and properly prepared to execute andPerform,this Contract. The .Contractor has satisfied itself in all material respects that it will be ablefetperform all obligationsider the Contract as specified herein. . 5.12. The Contractor's Relationship To The County Is Thai O i Independent Contractor_ Nothing in this C6itr:aetis intended to e4tablish an enVoyer-employee relationship between the County and • either. the :Contractor or any Contractor Employee. All Contractor Employees assigned tv..::revide services under this Contract by the Contractor shall ; in all cases, be deemed employees of the contractor and not employees, agents or sub-contractors of the County. „ L. BROOKS PATTERSON-COUNTY EXECUTIVE A i_ COUNT . COUNTY MICHIGAN PURCHASING Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 7 arOAKIAT L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY COUNTY MICHIGAN P C -" • SING 6.1.3. The Contractor shall have no rights against the County for any indemnification (e.g., contractual, equitable, or by implication), contribution, subrogation, and/or any other right to be reimbursed by the County except as expressly provided herein. 6.1.4. The Contractor waives and releases all actions, liabilities, loss and damage including any subrogated rights it may have against the County based upon any Claim brought against the County suffered by a Contractor Employee. Contractor Provided Insurance. 6.2.1. At all times during this Contract, including renewals or extensions, Contractor shall obtain and maintain insurance according to the specifications indicated in Exhibit I: Contractor Insurance Requirements. 7. GENERAL TERMS AND CONDITIONS 7.1. Notification and Access to County Facilities. 7.1.1. While the Contractor retains the right tO-perform ikork at any time, the CO tractor shall give the County three (3) working days notice *Ore commencement of work under this Contract and the Contractor must obtain prior permission 4om the County for access to County facilities after the County's regular business hours. 7.1.2. The County shall have full access to the work site and full access to the off-site preparation and fabrication facilities. • 7.2. Use of County's Premises. The Conti-actor shall confine its equipment, apparatus, materials and products, and operatiOns of Contin ctor Employees to thOlimits indicated by law, ordinances, permits, or directions of the Count y and shall not unnecessarily encumber the work site and County Prernise,s with its Materials, products, or equipment. 7.3. Damage to COunty Property and Premises.: „ 7.3.1. The Contractor shall be responsible fOr &ay damage to the County premises or property and the 'o4 site that is vised by the Contractor or Contractor Employees. The Contractor Shall take all neces*sary measures to prevent damage to County property and premises including other areas of the building and gounds and buildings andgrounds located adjacrt to the work site. 7.3.3. Should damage occur as a result of the Contractor's actions or the actions of the Contractor Employed, the Contractor is responsible for the repair and/or replacement of the damage,. If the Contractor fails to repair or replace the damage, the County .shall repair and/or replace the damaged area and charge the Contractor or deduct the amount fro4 the Contractor's payment, at the County's option. 7.4. Cleaning. 7.4.1. The Contractor shall at all times keep the work site, the County's property and premises, the adjoining property and premises, driveways, and streets clean of rubbish and debris. At the completion of this Contract, Contractor shall remove all rubbish, debris, tools, equipment, temporary work and surplus materials from and about the work site and shall leave the work site clean and ready for use. If the Contractor does Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 8 COUNTY MICHIGAN PURCHASING 7.5.6.In genera .V. is the intent of these Specifications to permit the use of equipment of any mangacttire so long as they are fully consistent, in the opinion of the County, with the quality and performance requirements of the job. This is indicated by the use of the words "or approved equal" following specific trade name or manufacture. 7.5.7. When the Contractor wishes to use a product as an approved equal, he must seek prior approval of the County Representative. 7.5.5. The Contractor shall confine his equipment, apparatus, the storage of materials and operations of is employees to the limits indicated by law, ordinances, permits or directions of,the County and shall not unnecessarily encumber the premises with his . ,MalcilitIN Or 7--arpment. in genera is any maritt actu )AKI& n!1111111, ja,„„010 ,7, L. BROOKS PATTERSON-COUNTY EXECUTIVE (1 A III A XTT1 CifITTXTrIFILT tVIS.1_1.t-11 1/ 1' I I not perform such cleaning immediately upon request, the County may perform such cleaning and charge the cost to the Contractor. 7.4.2. While performing work under this Contract, the Contractor shall store its materials, products, supplies, and equipment in a neat and orderly manner so as not to unduly int Tfere with the progress of work under this Contract or the operation of County business. 7.4.3. The Contractor shall clean-up the work site on a daily baRS t&kernove rubbish and debris from that day's work. 7.4.4. The Contractor shall remove all rubbish and debris from County property and premise and legally dispose of it No burning of debris ci rubbish shall be permitted. 73. Materials, Equipment and Construction. A 7.5.1. Prior to commencing work under this CoVract, the Contractor shall.verify all measurements and conditions at the fork site andshall be responsible for the accuracy of such measurements anhonditions. No extras shall be paid due to differences between actual dimensions taken by tlfe (A)ntractor and thbse indicated in the Drawings and Specifications. The Contractor shall immediately notify the County of any discrepancies discovered. 7.5.2. All work performed under this Contract shall conforin to the best current practice at the respective trades. All equipinFiit, materials and pr,OdtAs used in the work under this Contract shall be new and of the best grade of its)cind for the purpose. The Contractor shall furnish evidence as tO kind and quality of materials and products, upon request ofthe County. 73.3. The Contilactoi shall deliver all Materials and IS'roducts to the work site in their on .'al unopened Containers bearing the names of the manufacturer and brand. Materials and products shall be handlecrind stored as recommended by the manufacturer to pteveiit damage. ' 7.5.4 The Contractor shall retain all stored items at and around the work site in an orderly manner allowing maximum access to the work site, not impeding drainage or traffic, and providing the required,protection of materials and products. Rev 2012/12110 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NTJKBER 003696 Page 9 COUNTY MICHIGAN PURC A SING L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY 7.5.8. Should the Contractor use sub-standard or non-specified materials or products, such materials or products shall be removed and replaced with the proper or correct materials or products at Contractor's expense. 73.9. Within twenty-four (24) hours after receiving wriften notice from the County, the Contractor shall remove from the grounds or buildings all material, products, fixtures or apparatus that do not conform to the Drawings and Specifications as set forth in Exhibit III (If Applicable) or the conditions of the Contract as determined by the A 7.5.10.- The County shall have the right to order the work ,s;tolly or partially stopped until the objectionable work, materials, products, fixtureor apparaths are removed or to declare the Contract forfeited for non-perfo.,t,..ance or not being :executed according to the intent or meaning of the Drawings ani4PeCi tfeations, set fOrth in Exhibit III. (If Applicable) 7.5.11. Contractors working for Oakland Anty are resp'prisible for being adeqUafely and properly prepared to execute the Contract They areV .cpected to maintain high standards or workmanship, representing the best traditfons of the trade. 7.5.12. In the event the Contract2ir shall fail, neglect, or refuse to perform any or all of his duties under this Contract the County, after giving the Contractor seven (7) calendar days notice in writing, may perform or employ another enSy to perform such duties under the Contract and charge: the Contractor or deduct the amount from the Contractor's payment due under this Contraet, at the COunty's option. materiols, products and work us:Od in the performance of this Contact shall comply Otli all apphcablc federal, state and local codes. 7.6. Safety. Astated in Exhibit II 7.7. Guarantee's. As stated in EXhibit II 7.8. Bonding Requirements. As stated in Exhibit II 7.9. 140. As slated in Exhibit II 7.10ptumulative Remedies. A patty's exercise of any remedy shall not preclude the exercise of any other remedies, all of which s:Itall be cumulative. A Party shall have the right, in its sole discretion, to deternrine which remedies arc to be exercised and in which. order. 7.11. Survival of Terms and Conditions. The following terms and conditions shall survive and contimie in full force beyond the termination and/or cancellation of this Contract (or any part thereof) until the teps and conditions are fully satisfied or expire by their very nature: "CONTRACTOR* ASSURANCES AND WARRANTIES"; "CONTRACTOR PROVIDED INSURANCE AND INDEMNIFICATION"; "Damage Clean Up To County Property and/or Premises"; , "Audit"; "Severability"; "Governing Law/Consent To Jurisdiction And Venue"; and "Survival of Terms And Conditions". Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (RIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 10 L. BROOKS PATTERSON-COUNTY EXECUTIVE •111n111MINL • _AIN COUNTY MICHIGAN OAKLAA COUNTY PURCHASING 7.12. County Right to Suspend Services. Upon written notice, the County may suspend performance of this Contract if Contractor has failed to comply with federal, state, or local laWs, or any requirements contained in this Contract. The right to suspend services is in addition to the County's right to terminate and/or cancel this Contact. The County shall incur no penalty, expense, or liability to Contractor if the County suspends services under this Section. 7.13. No Third Party Beneficiaries. Except as provided for the benefitiktte Parties or except as specifically set forth in the Conn-act, this Contract does not and , is not irtended to create any obligation, duty, promise, contractual right or benefit, right to be indemnified, right to be subrogated to the Parties' rights in this Contract, and/9 any otherijaht, in favor of any other person or entity. • 7.15. Permits and Licenses. Contractor shall be responsible fOi obtaining and maintaining throughout the term of this Contract all licenses, perthits,: certificates, and governmental authorizations necessary to perfOlm all of its obligations tinder this Contract and to conduct business under this Contract. UpOrtreqUest by the County,' Contractor shall furnish copies of any permit, license, certificate or governmental authorizations necessary to provide services under this Contract. The Contradtor shall deliver all certificates of inspection to the County, if applicable. 7.15.2. TI"sPector shall have access to the Work under this Contract. Off-site preparation, fabrication, or execution of Work under this Contract shall be inspected as required. 7.16. Dis nination. Contractor shiali;noi disc*minate against any employee or applicant for . eret 7 QIIT because of Sex, race, religion, color, national origin, or handicap in violation of State and Federal law. 7.16.1. Contractor stall promptlynotify the County of any complaint or charge filed and/or determination by anyecourt or administrative agency of illegal discrimination by Contractor. , 7.16.2. The County, in its discretion, may consider any illegal discrimination described above as a breacl4f this Contract and may terminate or cancel this Contract immediately with nOtice, 7.17. Reservation of Rights. This Contract 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 County. 7.18. Force Majeure. Notwithstanding any other term or provision of this Contract, neither Party shall be liable to the other for any failure of performance hereunder if such failure is due to any cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause shall include, without .0 7.14. Compliance with Laws. Contractor shall compr itIPall federal, state, and local laws, statutes, ordinances, regulations, insurance polipy requirements, and requirements applicable to its activities under this Contract, includit zoning andtuilding codes arid:1\41011A guidelines. , 7.15.1. The Coun4;7Representative or Contract Administrator shall act as inspector for this projtc,c Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (FITPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 11 t0..„4..., A - A - COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OA ICI ND COUNTY PURC A SING limitation, acts of God, fire, explosion, vandalism, any law, order, regulation, direction, action, or request of the United States government or of any other government, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor difficulties. Reasonable notice shall be given to the affected Party of any such event. The Contractor is expected, through insurance or alternative temporary or emergency service arrangements, to continue its obligations under this contract in the event of a reasonably anticipated, insurable business risk such as business interruption aln.iskr, any insurable casualty or loss. 7.19. Conflict of Interest. Pursuant to Public Act 317 and 318 of 1968, as amended (MCL 15.321, et seq.), no contracts shall be entered into between thlounty, including all agencies and departments thereof, and any County Agent. To avoid any real of perceived conflict of interest, Contractor shall identify any Contractor Emplo .ye`e or relatiVé of Contractor's Employees who are presently employed by the County. Contractor shall give the County notice if there are any County Agents or r4catives of County Agents who are presently employed by Contractor. 7.20. Grant Compliance. If any part of this Contract is suppoifed o'paid for with 6:ny state or federal funds granted to the County, the Contractor shall comply with all applicable grant requirements. 7.21. Project Managers. Each Party shall designate an employee or agent to act as a Project Manager. The Project Managers shill serve as a contact point for all matters related to the services to be performed under this Contract. ,The Contractor's Project Manager shall coordinate with the County's Project Manag*, the Csnniragor shall provide the name and qualifications of i0 Project Manager and,‘ari alternate. 7.22. Contract As .;8'inistrator. Each Party may designate an employee or agent to act as Contract Adminis 2 The County's Contract Administrator shall be responsible for such activities , as monitoring deliverables and funding, addressing the quality of services provided by the Contractor, reviewing invoices and submitting requests to the County's procurement aut*ty fdr any contract modification in accordance with Sections 7.32 of this Contract. 7.23. gpute Resolution. All disputes arising under or relating to the execution, interpretation, performance, ornbnperformanee of this Contract involving or affecting the Parties may first :be submitted to the respective Project Managers and Contract Administrators for possible resdIntion. The Project Man -hers and Contract Administrators may promptly meet and conf:er in an effort to resolve such dispute. If the Project Managers cannot resolve the dispute in five (5) business clays, the dispute may be submitted to the signatories of this Contract or their successors in4ffice. The signatories of this Contract may meet promptly and confer in an effort to res$ such dispute. 7.24. Access and ecords. Contractor will maintain accurate books and records in connection with the services provided under this Contract for thirty-six (36) months after end of this Contract, and provide the County with reasonable access to such book and records. 7.25. Audit. Contractor shall allow the County's internal auditors, or an independent auditor hired by the County, to perform finance compliance audits with the authority to access all pertinent Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PTJRCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 12 AIWINEIWM. WIEWEIA. COUNTY MICHIGAN PURC SING A arOmav, L. BROOKS PATTERSON-COUNTY EXECUTIVE fl,A_ „ANTI COUNTY records and interview any Contractor Employee throughout the term of this Contract, and for a period of three years after final payment. 7.25.1. Contractor shall explain any audit finding, questionable costs, or other Contract compliance deficiencies to the County within thirty (30) business days of receiving the draft audit report. Contractor's written response shall include all necessary documents and information that refute the draft audit report, and an action plan to resolve the audit findings. A copy of the Contractor's rgori \se will be included in - the final report. Failure by the Contractor to respond -in writing within thirty (30) business days shall be deemed acceptance of the draft audit report, and will be noted in the final report. 4 . 7.26. Delegation /Subcontract/Assignment. 7.26.1. The Contractor shall not assign delegate, byrSjeontract any part bf this Contract without the prior written consent of the County. 7.26.2. The rights and obligations under this Contract shall not be diminished in, any rammer by assignment, delegation or subcontract . 7.26.3. Any assignment, delegation, or subcontract by contractor must include a requirement that the assignee, delegek,. or subcontractor will Comply with the rights and obligations contained in ths Contract. 7.26.4. The Contractor shall remain primarily liable for all workoferformed by any subcontractors. The Contractor shall remain liable tothe County for any obligations under the Contract not completely peOorined or incorrectly performed by any ContractoilVegee or subcontraCtOt 726.5. The Contractor shall be fully responsible to the County for the acts and omissions of its*contractors:'., 7.26.6. Should a subcontractor fail to provide thve work as required by the Contract, the Contractor shall contract With another entity to perform the work in a timely manner. 8ny'additional costs associated With securing a competent subcontractor and perfdrining the required work shall be the sole responsibility of the Contractor. 7.26.7. The County reserves the ritu to let other contracts in connection with this Work _even if of like character to the Work under this Contract. The Contractor shall coordinate his work with theirs. 7.26.$. If any part of the Contractor's services depends upon the work of any other contractor or ObcontRetor, the Contractor shall inspect and promptly report to the County any defects in Srch work that shall render it unsuitable. The failure to inspect and report shall constitute an acceptance of the other contractor's or subcontractor's services. 7.26.9. This Contract cannot be sold. 7.26.10. In the event that a Petition in Bankruptcy is filed and there is an assignment of this Contract by a Court, the County may declare this Contract null and void. 7.27. Non Exclusive Contract. No provision in this Contract limits, or is intended to limit, in any way the Contractor's right to offer and provide its services to the general public, other business entities, municipalities, or governmental agencies during or after the term of this Rev 2012/12110 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (141PAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 13 COUNTY MICHIGAN OA 11 AND COUNTY PURC A SING L. BROOKS PATTERSON-COUNTY EXECUTIVE Contract. Similarly, this Contract is a non-exclusive agreement and the County may freely engage other persons to perform the same work that the Contractor performs. Except as provided in this Contact, this Contract shall not be construed to guarantee the Contractor or any Contractor Employee any number of fixed or certain number or quantity of hours or services to be rendered to the County. 7.28. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right or remedy under this Contract shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Contract., No waiver of any term, condition, or provision of this Contract, whether by conduct or Otherwise, in one or more instances, shall be deemed or construed as a continuingti2vaiver of any term, condition, or provision of this Contract. No waiver by either Party sTaall subsequently affect its right to require strict performance of this Contract. 7.29. Severability. if a court of competent jurisdictioF finds a term, condition, OT provision of this Contract to be illegal or invalid, then the tconditionNor provision shall be deemed severed from this Contract. All other tenns, conditions, arid provisions of this Contract shall remain in full force and effect. Notwithstanding the abdve, if*Contrack -Ir's piomise to indemnify or hold the County harmless is found illegal or invalid, Contractor shall contribute the maximum it is permitted to y by law toward the PaYinent and satisfaction of any Claims against the County, 7.30. Captions. The section and subsection numbers; captions, and any index to such sections and subsections contained in this Contract are intended or the convenience of the reader and are not intended to have any substantive Meaning and shall ribc interpreted to limit or modify any substantive prilisidris of this contract Any use of the singular or plural number, any reference to the Male, feinale, or neuter genders, and any possessive or nonpossessivc use in this contra shall be deemed the appropriate plurality, gender or possession as the context requires. 7.31. Notices. Notices given Under Contra4hall be in writing ;Ind shall either be personally de r;(4%.:' cd, 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 When one of the following occur: (I) the date receipt; (2) the next business day When notice is sent express delivery service orpersonal delivery; or (3) three days after mailing first class or certified U.S. mail. : 7.31,1. If notice is sent to the Contractor, it shall be addressed to the individual and sent to Pie address listed on the first page of this Contract. 7.31.2. If notice is sent to the County, it shall be addressed to the Contract Administrator and sent to the address listed on the first page of this Contract. 7.31.3. Eithei Party may change the address or individual to which notice is sent by notifying the other party in writing of the change. 7.32. Contract Modifications or Amendments. Any modifications, amendments, recisions, waivers, or releases to this Contract must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recision, waiver, or release shall be signed by an expressly authorized Contractor Employee and by the same person who signed the Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (IDPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 14 L. BROOKS PATTERSON-COUNTY EXECUTIVE nAlci rni TNTY PURC COUNTY MICHIGAN SING A Contract for the County or other County Agent as authorized by the Oakland County Board of Commissioners. 7.33. Precedence of Documents. In the event of a conflict between the terms and conditions in any of the documents comprising this Contract, the conflict shall he resolved as follows: 7.33.1. The terms and conditions contained in this main Contract document shall prevail and take precedence over any allegedly conflicting provisions in all other Exhibits and documents. 7.34. Governing Laws/Consent to Jurisdiction and Venue. This COntract shall be governed, interpreted, and enforced by the laws of the State of Mie4gart Except as otherwise required by law or court rule, any action brought to enforce, int4Pret, or decide any Claim arising under or related to this Contract shall be brought iTtheSixth Judicial Circuit Court of the . . State of Michigan, the 50th District Court of the ,qiite WC Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. ExecOas Otherwisel ,equired by law or couttle, venue is proper in the courts set forth above. Thc choice of forum set forth above shall not be deemed to preclude the enforcement of any judgement obtained in such forum or taking action under this Contract to enforce such judgement in any appropriate jurisdiction. 7.35. Contractor Use of Confidential Ibmation. The Contractor and/or Contractor Employees shall not reproduce, provide, disclose, or give access to Confidential Information to any thild , party, or to any Contractor Employee not having, a legitimate need to know any such information and data, and shall not ace the Confidential Information for any purpose other than performi -ng it services under this ((VI. et. NotiViffist'anding the foregoing, Contractor may disclose the Confidential Information'if required hy law, statute or other legal process; provided that Contractor (ij gives ConntY prompt written notice of an impending disclosure, (ii) proviOreasonable assistance to County in opposing or limiting the disclosure, and (iii) makes only such disclosure as is compelled orrequired. 7.35.1. This Contract imposes no obligatio'upon Contractor with respect to any Confidential Inf'ortnation which Contractor Can establish by legally sufficient evidence: (i) was in the possession of, or was known by Contractor, prior to its receipt from the County, without an'Ohligation td inoIntain its confidentiality; or (ii) is obtained by Contractor from a thirdparty having the right to disclose it, without an obligation to keep such information confidential. 7.35.2. As used in this Contract, Confidential Information means all information that the County is r- attired or permitted by law to keep confidential. 7.36. Contractor Use o 77! ounty Licensed Software. In order for the Contractor to perform its services under this Contract, the County may permit Contractor or Contractor Employees to access certain copyrighted Software licensed to the County. Contractor or Contractor Employees shall not: transfer, remove, use, copy, or otherwise provide or make available any such copyrighted Software or Documentation to any other person or entity, for any purpose, without the prior written consent of the County and/or the licensor. Furthermore, neither the Contractor nor Contractor Employee shall produce a source listing, deeompile, disassemble, or otherwise reverse engineer any copyrighted Software. Neither the Contractor nor Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 15 L. BROOKS PATTERSON-COUNTY EXECUTIVE ................. Naln11111111111101111111. = 4411 arOAKEN COUNTY MICHIGAN OAKLAND CO r. TY PURCHASING Contractor Employee shall use any copyrighted software contrary to the provisions of any applicable Software license agreement or state or federal law. 7.37. Assignment of Rights. In consideration for the work Contractor performs under this Contract, and the fees paid to Contractor for services, Contractor agrees to the following: 7.37.1. Contractor shall have no copyright, patent, trademark or trade secret rights in County Intellectual Property. , 7.37.2. Any and all programs, inventions and other work or audrfship.cleveloped by Contractor while performing services to County are Works made for hire, created for and owned exclusively by County. 7.37.3. Contractor assigns to County all rights and inte*st in County Intellectual Property, which Contractor has made or conceived o 2. make and conceive, either solely or jointly with others, either on or off countyprem es (1) while providing services to County, or (2) with the usc of the time, materials,or facilities of the County. 7.37.4. Contractor shall sign any papers neeessary for patents, copyrights or trademark registrations to give title to County. 7.38. Confidential Information. Contractor acknowledges: 7.38.1. That the County is devef6,ping and using Proprieta'ry Information and Intellectual Property that is valuable to its Operations. The County hasinstituted policies and procedures to protect this information. In performance of obligations under this Contract, Contractor may become ac:quaiiited with County Proprietary Information and Intellectual Property. 738.2. Either dui g or after the term of this Contract Contractor shall not disclose to anyone or use any County Proprietary Information and intellectual Property disclosed to fsf; ritractor while providing services to County under this Contract. This obligation does not apply to information after itlgeomes generally known to the public. 7383. Contractor shall not disci&Se any Inirellectual Property belonging to a third party that Contractor learns about by virtue of providing services to the County. 7.39.Entire Contract ;: This Contract represents the entire Contract and understanding between the Parties. This CO-Mr-act supersede011 other prior oral or written understandings, communications, agreements,pr Contracts between the Parties. The language of this Contract shall be construed as a wholeaccording to its fair meaning, and not construed strictly for or against any Party. 7.40 Contractor Obligat?On Under the Health Insurance Portability and Accountability Act of 1996. This Business Associate Provision (hereinafter BAP) is entered into in order to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the attendant Regulations found at 45 CFR Sections 160 through 164 inclusive. Pursuant to this PSC, Contractor (referred to as Business Associate in HIPAA Regulations) provides services to and on behalf of the County, which services necessarily involve the access to, generation of, use of, and disclosure of Protected Health Information (PHI) in the Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA)pROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 16 , COUNTY MICHIGAN OAKLAND COUNTY PURCHASING L. BROOKS PATTERSON-COUNTY EXECUTIVE possession of County that identifies individual patients and their health conditions. Accordingly, Contactor is a business Associate of County for the purposes of complying with HIPAA and the Privacy and Security Regulations. The County and Contractor agree to enter into this BAP in order for County to receive "satisfactory assurances" from Contractor as a pre-condition to permitting Contractor to access, generate, use or disclose PHI on its behalf or in the course 04erfoi Lang services to County. Furthermore, County and Contractor agree to enter into this BAP in order to comply with all the requirements of HIPAA and the Privacy Rule regarding Business Associates' use of PHI. 7.40.1 DEFINITIONS 41: Terms used, but not otherwise defined irtatis BAP shall have the same meaning as those terms that are used and define! in 45 CFR ii parts 160 through and including parts 164, and in particular 45 CF 5,0.103 and 1'64.501, of the Privacy and Security Rules. 7.40.2 EXAMPLES OF SPECIFIC DEFINITIONS 7.40.2.1 Business Associate. "Bu"siness Associate" shd.11 nitan Contractor. 7.40.2.2 Covered Entity. "Covered Entity" shall medi Oakland County, Michigan. 7A0.2.3, .114. ividual. "Individual" shall have the same meaning as the term A "individual" m 45 CFR164.501 and shall include a person who qualifies as a .prcn representative -inPonrarrp with 45 (TR 164.502(g). 7.40.2.4 Privacy Rule.. "Privacy Rre" shall mean the Standards for Privacy of Tndiüally Identifiable :14 ealfh Information at 45 CFR part 160 and part .164, subparts A and E. 7.40.2.5 Protected HealtIVnformation. "Protected Health Information" shall have the same meaning as the tem). "protected health information" in 45 CFR 164.501, lirdited to the information created or received by Contractor from or on behalf of Covered Entity. 7.46.2.6 12eq„:' uired by Law. "Required by Law" shall have the same meaning as the itim "required by law" in 45 CFR 164.501. 7.40.4.7 Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee. 7.40.3 OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE 7.40.3.1 Contractor is authorized to access, generate, use or disclose PHI as necessary and appropriate to perform the services on behalf of and for Rev 2012112110 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (IIIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 17 L. BROOKS PATTERSON-COUNTY EXECUTIVE iroLAKLA.1 OAKLA_ 1 COUNTY COUNTY MICHIGAN PURCHASING County as described in Section 3 of the PSC and Exhibit II: Scope of Contractor's Services, appended to the PSC. 7.40.3.2 Contractor agrees to not use or disclose PHI other than as permitted or required by the BAP or as required by Law. 7.40.3.3 Contractor agrees to use appropriate safeguards fc3pr.event use or disclosure of the PHI other than as provided for by this BAP. • 7.40.3.4 Contractor agrees to cooperate with County and perform such activities as County may from time to time direct i order to initigate, to the extent practicable, any harmful effect t4 is ,known to Contractor or brought to Contractor's attention by Con of ase or disclosure Of PHI by Contractor in violation of* requirements of this BAR 7.40.3.5 Contractor agrees to report to County any useor disclosure OPII1 in violation of this BAP. 7.40.3.6 Contractor agreE.,.s to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by Contractor of behalf of County agrees to the same restrictions and conditions that apply through this BAP to Contractor. - 7.403.7 Ai the request of County, and in the time and manner designated by County, Contractor agrees to provide access to PHI in a Designated Record Set, to • .County or, as directed by County, to an Individual in order to meet the inspection and copying requirements under 45 CFR 164.524. 7.463.8 Contractor agrees to make any amendment(s) to PHI in a Designated Record Set that County directs or agrees to pursuant to 45 CFR 164.526 at the request of COUnteor an Individual, and in the time and manner designated by County. 7.403.9 At the direction of County or the Secretary of DHHS, Contractor agrees to make internal practices, books, records, and policies and procedures relating toAe use and disclosure of PHI received from, or created or received by COntractor of behalf of County available to the County, or to the Secretary, in a time and manner designated by the County or the Secretary, for purposes of the Secretary determining County's compliance with the Privacy Rule. 7.40.3.10Contractor agrees to document all disclosures of PHI and information related to such disclosures as would be required for County to respond to a Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 1)03696 Page 18 L. BROOKS PATTERSON-COUNTY EXECUTIVE COUNTY MICHIGAN OMCLAND COuNTY PURCHASING request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528. 7.40.3.11Cont-actor agrees to provide to County or an Individual, in time and manner designated by County, information to permit County to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR l6452. 7.40.3.12Contractor agrees to honor any restriction(s) cm the use or disclosure of PHI that County agrees to, provided that Cotinty notifies Contractor of such restriction(s), unl ess the information i's%needed to provide emergency care or to comply with state or federal 14 7.40.3.13Contractor shall require eachniember of its work force that has cntact with PHI in the course of providing services t County to sign a sta.tenent indicating that the work force member has read this BAP, understands its terms and will abide by them, including without limitation, the obligation not to use or disclose PHI except as neCessary and appropriate to carry out the services being Performed by Contractor for or on behalf of County, Contractor will make such signed statements available to County upon request. 7.40.4 SECURITY,REQUIREMENTS ContractAnctuding its agents and subcontractors), can only create, receive, mairlain, or transmit Electronic Protected Health Infointation (EPHI) if it complies xxrtbc folloWingrequireinerift anA Parf 1 64 of 45 (TR: 7.40A.1 Implement administrative/physical, and technical safeguards that reaSoisialily and apprephately protect the confidentiality, integity, and :availability of the electronic protected health infoimation that it creates, 0 receives, maintaint, or transmits on behalf of the covered entity as required by this subpart; 7.40.4.2 Any technology used to accomplish these requirements must be the equivalent of, and compatible with, the technology used by the County. 7.40.43 - Ensure that any agent, including a subcontractor, to whom it provides such information agrees to implement reasonable and appropriate safeguards to protect it; 7.40.4.4 Report to the County any security incident of which it becomes aware. Rev 2012/12/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 19 L. BROOKS PATTERSON-COUNTY EXECUTIVE trOAKLAII OAKIA COUNTY 11.111111111111110 COUNTY MICHIGAN P C A SING 7.40.4.5 County shall have the right to audit the Contractor and inspect the premises of Contractor to deteimine if there is compliance with these security requirements. 7.40.5 PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE 7.40.5.1 Except as otherwise limited in this BAP, ContractA.may use or disclose PHI to perfolin functions, activities, or services ,for, or ori'behalf of County as specified in the PSC, provided that such ,uKe.ot disclosure would not violate the Privacy Rule, if done by County, az tge mini-Mum necessary policies and procedures of the County. t(D 7.40.6 SPECIFIC USE AND DISCLOSURE P VIS NS 7.40.6.1 Except as otherwise limitain this BAP,% Tontractor may use PHI for the proper management and administration Of tIkContractor or to carry out the legal responsibilities of the ContractOt. 7.40.6.2 Except as otherwise limited in this BAP, Contractor may disclose PHI for the proper management and administration of 11;,.ontractor, provided that disclosures are required by law, or Contractor obtains reasonable assurances from the person to whom theinferthation isAliselosed that it will remain confidential and used or fieficr dis:chased only as required by law or for the tpase for which it was disclosed toahe person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality ::of the information has been .breached. 7.40.6.3 EXeeht .is otherwiSclimitO in this BAP, Contractor may use PHI to provide Data Aggregation serVices to County as permitted by 42 CFR 164.504(e(2)(i)(B). e 7.40.6.4 Contractor May use PHI to report violations of law to appropriate Federal arid State authorities, consistent with 164.502(j)(1). 7.40.7 OBLIGATIONS OF COUNTY 7.40.7.1 County shall notify Contractor of any limitation(s) in its notice of privacy practices in accordance with 45 CFR 164.520, to the extent that such limitation may affect Contractor's use or disclosure of P1-H. 7.40.7.2 County shall notify Contractor with any changes in, or revocation of permission by an Individual to use or disclose PHI, to the extent that such changes may affect Contractor's use or disclosure of PHI. Rev 2012/12)10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 20 Al AR_ iNiE) .maamo..........itu___ ,nn••nn16 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE OAKLAND COUNTY IRC a SING 7.40.7.3 County shall notify Contractor of any restriction to the use or disclosure of PHI that County has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect Contractor's use or disclosure of PHI. 7.40.8 PERMISSIBLE REQUESTS BY COUNTY 740.8.1 County shall not request Contractor to use or diselbse PFH in any manner • that would not be permissible under the Privacy Rulelf done by County. 7.40.9 TERM AND TERMINATION 7.40.9.1 Term. The Term of this BAP shagleffcctive as of -the day this PSC is accepted by County or the first EY Contractor provides services covered under this PSC to County,xhichever cors first, and shaII tbmiiate when all of the PHI providedboitiaty to Contractor, or created or received by Contractor on behalf of County, is destrOyed,or returned to gounty, or, if it is infeasible to return or destroy PHI, firotections are extended to such information, iikaccordance with the tetthination provisions of this Section. 7.40.9.2 Termination for Cause. Upon County's knowledge- of a material breach by Contractor, County shall either; 7.40.9.3 Provide an opportunity forEontractor to cure the breach or end the violation and tenninate this BAP and the OSC cif Contractor does not cure the breach or end the Violation within the time specified by County and to County's ;• satisfaction, Or .,• 7.40.9.4 Irmnediately terminate this BAP, and the PSC if Contractor has breached a material terna:of this HAP and cure is not possible. 7.40.9.5 If neither terinination nor cure is feasible, County shall report the violation to the Secretary. 7.40.10 EFtECT of TERMINATION 7.40.19.1Exeept as provided in paragraph (2) of this section, upon termination of this BAP, for any reason, Contractor shall return or destroy all PHI received from County, or created or received by Contractor on behalf of County, as directed by County. County shall have the sole authority to determine whether PHI shall be returned or destroyed, and shall have the sole authority to establish the terms and conditions of such return or destruction. This Rev 2012112/10 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 21 COUNTY. MICHIGAN L BROOKS PATTERSON-COUNTY EXECUTIVE OAK! A COUNTY P C ASING provision shall apply to PHI that is in the possession of subcontractors or agents of Contactor. Contractor shall retain no copies of the PHI. 7.40.10.2In the event that Contractor determines that returning or destroying the PHI is infeasible, Contractor shall provide to County an explanation of the conditions that make return or destruction infeasible. Upon County's concurrence that return or destruction of PHI iisihie, Contractor shall extend the protections of this BAP to such Pl4and ittnit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Contractor maintains such PHI. 7.40,11 MISCELLANEOUS 7.40.11.1Regutatory References. A reference in this BAP to a section in th ,°- Privacy „ Rule means the section as'iti effect or asrnended. 7.40.11.2Amendment. The Parties agree to take such action as is necessary to amend this BP from tina,c to time as is necessary to comply with the requirements of the Privacy aneSeaurity Rules and the Health Insurance Portability and Accountability Act of i 996, Public Law 104-19 7A0.11.3Survival. The respective rights and obligations of Contractor under Section 7.17 of this BAP shaltsm-vive the termination of this BAP. 7.40.11:4Confideptiality. Contractor agrees that the teims and conditions of this BAP 'shall be Construed as a general qonfidentiality agreement that is binding upon Contractor even if it is e ermined that Contractor is not a Business Associate as th41 term is .1.0cd in the Privacy Regulation. 7.40.1I.Interpretation. Any ambiguity in this BAP shall be resolved to permit County to Coiihplewith the Privacy and Security Regulation. Rev 201)12110 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 22 leftwommr 11.11n1•MIV "I fo L. BROOKS PATTERSON-COUNTY EXECUTIVE "A A N" COUNTY COUNTY MICHIGAN PURCHASING SIGN: DATE: SIGN: The undersigned executes this Contract on behalf of Contractor and the County, and by doing so legally obligates and binds Contractor and the County to the terms and conditions of this Contract. FOR THE CONTRACTOR: , Print Name: appeared in person before me this day and executed this Contract on behalf of Contractor and acknowledged to me under oath 'that they have taken all actions — . , and secured any and all necessary approvals and authorizations,,,,,and has the rc:qUisite authority from Contractor to fully and completely obligate and bind Contra,..i*,the terms and cdnditions of this Contract and any and all other documents incorporated by .'''erence and also acknowledged to me under oath having been provided with copies and having readnd reviewed all Contract documentOncluding all documents incorporated by reference. , Subscribed and sworn to before me on this day of , 2013. 'Notary Public, State of County ie My Comn: sion Eipires:.' Acting I. the County of FOR THE COUNTY:* TE: Parn0fL. Weipert, CPA, CIA, Compliance Officer Scott N. Guz.zy, CPPO, MBA, Ptychasing Administrator APPROVED AS TO SCOPE OF CONTRACTOR SERVICES: SIGN: DATE: John Cooperrider, Business Admin Contract Administrator Oakland County Circuit Court 1200 N Telegraph Rd Bldg 12 East Pontiac MI 48341 C Rev 2012/12/10 OAKLAND COUN'TY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 23 ro COUNTY MICHIGAN n•nn 1.11,1111111,011•10. 1.••nn••n••n L. BROOKS PATTERS ON-COUNTY EXECUTIVE A O AKLAND COUNTY PURC SING EXHIBIT I CONTRACTOR INSURANCE REQUIREMENTS 1. At all times during this Contract, including renewals or extensions, Contractor shall obtain and maintain insurance according to the following specifications: ,75 a. Commercial General Liability - with the following as minimum reqiniemenis: $1,000,000 — Each Occurrence (Total Limit) Occurrence Foul,. Policy Broad Form Property Damage Premises/Operations Independent Contractors Products and Completed Operations (Blanket) Broad Faun Contractual Personal Injury - Delete Contractual Exclusion Additional Insured: The County of4hkland and County Agents (as defined in this Conn-act); „- b. Workers' Compensation - as statutorily required bylaw - Employers Liability with minimum limits of $500,000 each accident, $500,000 disease.caph employee and $500,000 disease policy c. Automobile LiaWity and Prapetty Damage - $500,000 each occurrence, including coverage for alM.Wn.ed, hired and non-owned vehicles including No Fault coverage as required by law; s • Profesgonal Liability/Errors- & Omissions Insurance (as applicable) - with minimum limits of $d,000,000 Per claim and S. 3,000,000 dollars aggregate. 81-41 Certificates of Insuthnce: a. All Certificates of Insurance shall contain evidence of the following conditions and/or clauses and shall be s .;erit to: The County of Oakland and County Agents, Oakland County Purchasing, 2400 Pontiac Lake Road, Bldg 41W, Waterford, MI 48328-0462 or fax 248-858-1677_ b. The County of 0 ,1kland and County Agents (as defined in this Contract) shall be named as "General Liabilitr Additional Insured with respect to work performed by the Contractor. c. All Certificates are to provide 30 days written notice of material change, cancellation, or non-renewal. Certificates of Insurance or insurance binders must be provided no less than ten (10) working days before commencement of work to the Oakland County Purchasing Division. Insurance carriers are subject to the approval of Oakland County. Rev 2012112110 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 24 COUNTY MICHIGAN L. BROOKS PATTERSON-COUNTY EXECUTIVE Ci A ICI- A NT1 1' 0 UNTTV laa 1 1 1 PURC SING EXHIBIT H SCOPE OF CONTRACTOR'S SERVICES Contractor shall conduct court-ordered ps ychological evaluations referred to the Ps ychological Ciinic (Clinical Services unit) of the Oakland Count y Circuit Court - Famil y Division. The evaluatio ns pertain to delin quency, neglect/abuse, and domestic matters, or other matters under the jurisdiction of4ii`e rgqil y Division. Clinician shall be able to complete sex offender evaluations on both adults and mino rs.: +he evaluations can be for minors or adults ; they may involve more than one person at a time, and are complete assessments. The y include review of records, consultations with third parties, interviews, administration alid interpr etation of psychological tests, report preparation, and other tasks as ma y be req uired. Some evaluationspa y havel-o be conducted on site (e.g. at Oakland County Children's Village). 4. Preparation of reports, which include a specific Set-of retommendations reffecViik knowledge of the judicial system and of disposition options available. The reports shall u se lay languageito communicate effectivel y with jud ges, referees, court caseworkers and attorne ys. 5. Havin g an established place of business (the Clinical Ps ychologist may use office space at the court based upon availability). 6. Testing materials, equeent, supplies, and report prepa ration costs. 7. Milea ge and telepho" cos.ts accrued in the performance of the evaluation. 8. Notification of availability to the psychological clinic intake Coordinator; commitment to perform evaluations assigned regardless of the t ype of case. , 9. Testifying in::.-4.trt s an expert witness (upon req uest). 10. Immediately notifying the County of any disciplinary action taken a gainst you by the licensing board. The dii_irt will: 1. Provide referral information collected b y5the clinic at the time of intake (names and addresses of persons to be evaluated, rele,i(ant court documents, relevant back ground information, copies of releases of information as appropriate). 2. Specify expected cornPletion date for the evaluation. 3. Make court files available. Following is the fee schedble for contracted clinicians: • $600.00 per evaluation/per person for the first three evaluations assi g ned within the same case (with the same case #) • $400.00 per evaluation/per person for each subse quent evaluation assi gned within the same case after the initial three The Clinical Psychologist is responsible for: A : 1. Timely completion of the psychological evaluation, wiCdeaC441es specified b y the psychological clinic intake coordinator (2 weeks for delin q uency or neglect case in Children's Villa ge, 3 weeks for delinq u6cy or neglect case at home, 6 weeks for evaluation related to a domestic matter). 2. Review of relevant court files, records and Materials. 3. Consultations with appropriate parties. Rev 2012112110 OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (IIIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 25 0 AN i ;. _ , 11 ems L. BROOKS PATTERSON-COUNTY EXECUTIVE OA AND COUNTY COUNTY MICHIGAN PURC A SING • ' • $125.00 per hour over site fee — PhD level contractor performing case supervision. • $125.00 Half (1/2) day testimony • $200.00 Full day testimony • $100.00 per no show" ' OAKLAND COUNTY COMPLIANCE OFFICE - PURCHASING (HIPAA) PROFESSIONAL SERVICE CONTRACT NUMBER 003696 Page 26 Rev 2012/12/10 Resolution #13010 January 23, 2013 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MR. #13010) February 7,2013 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: CIRCUIT COURT — FAMILY DIVISION — REQUEST FOR APPROVAL OF CONTRACT WITH A FORMER COUNTY EMPLOYEE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Resolution authorizes the Circuit Court to enter into Professional Services Contract number 003696 and per MR #93300 with a former Oakland County employee to conduct court-ordered psychological evaluations referred to the Circuit Court-Family Division's Psychological clinic. 2. The contract period is January 30, 2013 through October 31, 2013, with the ability to extend one year for the next four years; however the contract period will not start until contract is executed. 3. Anticipated costs for this contract are not to exceed $20,000 the first year or $100,000 for the five (5) year life of the contact. 4. Funds are available in the Circuit Court - Family Division's Professional Services line item (20293-3010402-135120-731458) for FY 2013. 6. No budget amendment is recommended. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long and Quarles absent. Resolution #13010 February 7, 2013 Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19) NAYS None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. I HE2EBY A'FFROVE THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 February 7, 2013, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 7 th day of February, 2013. Lisa Brown, Oakland County