HomeMy WebLinkAboutResolutions - 2013.03.06 - 20727COMMITTEE
MISCELLANEOUS RESOLUTION #13028 February 7, 2013
BY: Public Services Committee, Commissioner Dwyer, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION — INTERGOVERNMENTAL AGREEMENT FOR
WRAPAROUND SERVICES WITH OAKLAND SCHOOLS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Circuit Court Family Division has increasingly been receiving youth
referrals with emotional disturbances as a result of delinquency conduct that is secondary to having a
psychiatric disorder; and
WHEREAS youth in this special high-risk population have significant rates of recidivism and likely out-of-
home placement if left untreated; and
WHEREAS a Wraparound partnership with the Department of Human Services (OHS), Oakland Schools,
Oakland County Community Mental Health Authority (OCCMHA), the Circuit Court, and other service
organizations, has been established to deal with this high-risk population; and
WHEREAS the goal of the Wraparound program is to reduce or eliminate the need for out-of-home
placement for youth involved with multiple systems in the community (i.e. Circuit Court, OCCMHA,
Special Education, and OHS); and
WHEREAS detailed outcome measures reflect Oakland County Wraparound has been successful in
keeping more than 90% of the referred youth in their home and community, avoiding costly out-of-home
residential, psychiatric, or foster care placement; and
WHEREAS an agreement has been drafted (as attached) by the County's Corporation Counsel; and
WHEREAS the agreement has been presented to Oakland Schools for their approval; and
WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to "Enter
into agreements with other governmental or quasi-governmental entities for the performance of services
jointly".
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached intergovernmental agreement between Oakland County Circuit Court and Oakland Schools and
authorizes the payment of $22,131 to Oakland Schools for participation in the Wraparound program so
that services may be provided to court wards.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of the County of Oakland, and hereby accepts and binds the County Of Oakland to the terms and
conditions of this Agreement.
Chairperson, on behalf of the Public Services Committee, I move adoyitioniSf)t)e foregoing resolution.
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
Intergovernmental Agreement
Between
The County of Oakland and
The Oakland County Intermediate School District
This Intergovernmental Agreement (Agreement) is made between the Sixth Judicial Circuit
Court for the State of Michigan (Court) by and through its funding unit, the County of Oakland,
a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341
(County) and the Oakland County Intermediate School District, 2111 Pontiac Lake Road
Waterford, MI 48328 (Oakland Schools). In this Agreement, reference to the County shall
include reference to the Court. In this Agreement, the County and Oakland Schools may be
referred to individually as "Party" or jointly as "Parties."
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree as follows:
1. Purpose of Agreement
1.1. Pursuant to the Urban Cooperation Act, MCL MCL 124.501 et seq., County and
Oakland Schools enter into this Agreement for the purpose of providing wrap-around
services to certain juveniles who are under the jurisdiction of the Sixth Judicial
Circuit Court and meet Oakland Schools' criteria for receiving wrap-around services.
1.2. The public purpose of this Agreement is to establish the roles and responsibilities of
the County and Oakland Schools in providing comprehensive family-focused mental
health treatment for juveniles who are involved in the criminal justice system.
Def ns
2.1. "Oakland County (County)" means the County of Oakland and its departments,
divisions, commissioners, elected and appointed officials, directors, board members,
council members, authorities, officers, committees, employees, agents,
subcontractors, volunteers and/or any such persons' successors. For purposes of this
Agreement, Oakland County also includes the Sixth Judicial Circuit Court for the
State of Michigan (Court),
2.2. "Oakland County intermediate School District (Oakland Schools)" means the
statutorily created intermediate school district that provides educational and other
services to children in Oakland County who meet the criteria -for services set by
statute and Oakland School policy, and its departments, commissions, boards,
institutions, arms, agencies, and instrumentalities and their present, and future
directors, officers, employees, attorneys, agents, representatives, consultants,
contractors, subcontractors, and volunteers.
County of Oakland
Intergovernmental Agreement
1.16.13.
2.3. "Wrap-around Services" mean the integrated, comprehensive treatment services
provided to a juvenile and his or her family in the context of their home and
community environment according to the services plan developed through the
collaborative efforts of the juvenile, the family and members of the juvenile's
community of reference. The services are described in Appendix A, which is fully
incorporated here by reference, for the Court.
2.4. "Claim" means any and all losses, complaints, demands for relief, damages, lawsuits,
causes of action, proceedings, judgments, deficiencies, penalties, costs and expenses,
including reimbursement for reasonable attorney lees, witness fees, court costs,
investigation, litigation expenses, amounts paid in settlement, and/or any other
amount for which either Party becomes legally and/or contractually obligated to pay,
whether direct, indirect, or consequential, whether based upon any alleged violation
of the constitution (federal or state), any statute, rule, regulation, or the common law,
whether in law or equity, tort, contract, or otherwise, and whether commenced or
threatened.
2.5. "Service Provider" means Oakland Schools and its subcontractors, if any, who
provide wrap around services.
3, Terms
3.1. Service Provider shall be fully responsible for providing Wrap-around Services to
juveniles under the jurisdiction of the Family Division of Circuit Court and identified
as eligible for the services.
3.2. Service Provider shall provide Wrap-around Services as requested by the Court;
provide information and status updates on juveniles receiving Wrap-around Services
to the Court; and assist the Court with defining and updating goals and evaluating the
effectiveness of Court's strategies and interventions.
3.3. Oakland Schools shall be the employer or contractor of the individual(s) providing
Wrap-around Services and shall be responsible for all benefits which include, but are
not limited to, retirement benefits, pension rights, insurance rights, fringe benefits,
training, holiday pay, sick pay, vacation pay or such other rights or provisions arising
out of an agreement of hire or an employer-employee relationship, whether express or
implied.
3.4. Oakland Schools shall either provide on behalf of the Service Provider, or require that
the designated Service Provider, provide and maintain insurance or self-insurance
sufficient to meet the County's requirements, as set forth in Appendix B, which is
incorporated here by reference.
3.5. The County agrees to pay the sum of $22,131.00 to Oakland Schools for providing
County of Oakland
Intergovernmental Agreement
1.16.13.
2
Wrap-around Services to eligible juveniles during the 2012-2013 fiscal year, which
runs from October 1, 2012 through September 30, 2013. County shall have no
responsibility or obligation of any type for providing any employee benefits or
insurance, including workers compensation insurance for the Service Provider.
3.6. The Parties agree that the Service Provider is not, and is not intended to be, a Court or
County employee. Service Provider is an employee or contractor of Oakland
Schools, which has agreed to provide wrap around services to eligible juveniles
pursuant to this Agreement.
3.7. Information obtained by the Service Provider may be subject to the Health Insurance
Portability and Accountability Act (HIPAA) and other federal and state statutes.
Oakland Schools shall ensure that Service Provider complies with all relevant statutes
and obligations regarding use and dissemination of such information.
3.8. Duration. This Agreement and any amendments will expire on September 30, 2013,
unless extended by written amendment.
3.9. Termination. Either Party may terminate this Agreement for any reason on seven (7)
days written notice to the other Party.
3.10. Funds Unavailable. County may terminate this Agreement immediately if funds
become unavailable.
3.11. Obligations on Termination. Upon termination or expiration of this Agreement,
County will pay any sums due and owing for services provided by Oakland Schools.
Oakland Schools will return to County any identification or access badges which
permitted Service Provider to access any County facilities.
3.12. Independent Contractor Relationship. Nothing in this Agreement creates an
employer-employee relationship between the County (including any of its employees)
and Oakland Schools (including any of its employees, Service Providers, or
contractors.)
3.13. No Indemnification. County will be responsible for any Claim made against it and
for the acts or omissions of its employees. Oakland Schools will be responsible for
any Claim made against it or Service Provider and for the acts or omissions of its
agents, employees and contractors. Neither Party has any rights under this
Agreement to be indemnified by the other Party or any of its agents or employees in
connection with any Claim.
3.14. Costs. In any Claim that may arise from the performance of this Agreement, each
Party shall seek its own legal representation and bear the costs associated with such
representation, including attorney fees.
County of Oakland
intergovernmental Agreement
1.16.13.
3
3.15. Limitation of Liability. In no event shall the County be liable for any special,
indirect, or consequential damages or any damages whatsoever resulting from
performance under this Agreement.
3.16. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise,
contractual right or benefit, right to indemnification, right to subrogation or any other
right in favor of any other person or entity.
3.17. Reservation of Rights. This Agreement does not, and is not intended to impair,
divest, delegate, or contravene any constitutional, statutory, or other legal right,
privilege, power, or immunity of the Parties. Nothing in this Agreement is a waiver
of governmental immunity by either Party.
3.18. No Transfer of Duties. Unless this Agreement expressly states otherwise, it does
not, and is not intended to, transfer, delegate, or assign to the other Party any civil or
legal responsibility, duty, obligation, duty of care, cost, legal obligation or liability
associated with any governmental function delegated or entrusted to either Party
under any existing law or regulation.
3.19. Agreement Modifications or Amendments. Any modifications, amendments,
recessions, waivers, or releases to this Agreement must be in writing and agreed to by
both Parties.
3.20. Entire Agreement. This Agreement represents the entire Agreement between the
Parties and supersedes all other Agreements between the Parties governing the
matters described. The language of this Agreement will be construed as a whole
according to their fair meaning, and not construed strictly for or against any Party.
3.21. The Parties have taken all actions and secured all approvals necessary to authorize
and complete this Agreement. The persons signing this Agreement on behalf of each
Party have legal authority to sign this Agreement and bind the Parties to the terms and
conditions.
The Parties, by signing below, enter into this Intergovernmental Agreement for the Services of a
Mental Health Liaison for the Sixth Judicial Circuit Court.
For the Oakland Intermediate School District (Oakland Schools):
Date:
County of Oakland
Intergovernmental Agreement
1.16.13.
4
Print Name:
Print Title:
For Oakland County:
Chairperson
Oakland County Board of Commissioners
Date:
County of Oakland
Intergovernmental Agreement
1.1613.
5
Resolution #13028 February 7, 2013
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (misc. #15928) March 6, 2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: CIRCUIT COURT/FAMILY DIVISION — INTERGOVERNMENTAL AGREEMENT FOR
WRAPAROUND SERVICES WITH OAKLAND SCHOOLS
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 intergovernmental agreement between Oakland
County Circuit Court and Oakland Schools for participation in the Wraparound
program so that services may be provided to court wards.
2. The Wraparound services will be provided to eligible juveniles from October 1,
2012 through September 30, 2013.
3. The cost of this intergovernmental agreement is $22,131.
4. Funds are available in the Circuit Court - Family Division's Professional Services
line item (20293-3010402-135085-731458) for FY 2013.
6. No budget amendment is recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
I HENEBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
Resolution #13028 March 6, 2013
Moved by Bosnic supported by Quarles the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Scott, Spisz, Weipert, Woodward, Zack. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
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 March 6, 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 6th day of March, 2013.
Xfrget/
Lisa Brown, Oakland County