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HomeMy WebLinkAboutResolutions - 2013.11.13 - 21110MISCELLANEOUS RESOLUTION #13297 November 13, 2013 BY: Public Services Committee, Commissioner Dwyer, ChairpersonIN RE: CIRCUIT COURT/CIVIL/CRIMINAL DIVISION - INTERGOVERNMENTAL AGREEMENT FORMENTAL HEALTH SERVICES BETWEEN THE SIXTH JUDICIAL CIRCUIT COURT (ADULT TREATMENT COURT) AND OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sixth Judicial Circuit Court's Adult Treatment Court has increasingly been receiving referrals for individuals who have, or appear to have, a mental illness; and WHEREAS individuals in this special high-risk population have significant rates of recidivism and are likely to be incarcerated if left untreated; and WHEREAS the Adult Treatment Court (ATC) was developed as an alternative to incarceration for individuals who suffer from mental illness and substance abuse; and WHEREAS a partnership with the Oakland County Community Mental Health Authority (OCCMHA) and the Sixth Judicial Circuit Court has been established to collaborate in providing assessment, crisis intervention, and treatment to individuals involved in the ATC who have substance abuse and mental health issues with a goal of reducing the need to incarcerate individuals avoiding more costly jail and prison sentences; and WHEREAS pursuant to the Urban Cooperation Act, MCL 124.501 et seq., the County/Court and the OCCMHA would like to enter into an agreement for the purpose of providing mental health evaluation and other mental health services to-the Court through a Court Liaison; and WHEREAS the funding for these services and Court Liaison position will be provided under the Michigan Mental Health Court Grant Program administered by the State Court Administrative Office (SCAO); and WHEREAS an agreement has been drafted (as attached) by the County's Corporation Counsel; and WHEREAS the agreement has been presented to the OCCMHA 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 County Community Mental Health Authority (OCCMHA) and authorizes the payment of $54,000 to OCCMHA for providing these mental health services, 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 adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. Intergovernmental Agreement Between The County of Oakland and The Oakland County Community Mental Health Authority 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 Community Mental Health Authority, 2011 Executive Hills Boulevard, Auburn Hills, MI 48326 (OCCMHA). In this Agreement, reference to the County shall include reference to the Court. In this Agreement, the County and OCCMHA 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 124.501 et seq.? County and OCCMHA enter into this Agreement for the purpose of providing mental health evaluation and other mental health services to the Sixth Judicial Circuit Court through a Court Liaison. 1.2. The public purpose of this Agreement is to allow the County and OCCMHA to collaborate in providing assessment, crisis intervention, and treatment to individuals involved in the criminal justice system in the Sixth Circuit Court who have or appear to have a mental illness. These services are provided under the Michigan Mental Health Court Grant Program administered by the State Court Administrative Office (SCAO). 2. Definitions 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 Count}' Community Mental Health Authority (OCCMHA)" means the statutorily created public agency that provides public mental health services to adults with serious mental illness, children with serious emotional disturbances and persons with developmental disabilities in Oakland County and its departments, commissions, Intergovernmental Agreement 10.14.13 1 boards, institutions, arms, agencies, and instrumentalities and their present, and future directors, officers, employees, attorneys, agents, representatives, consultants, contractors, subcontractors, and volunteers. 2.3. "Mental Health Court" means the specialized mental health services incorporated into the program for individuals in the Adult Treatment Drug Court of the Sixth Circuit Court and for other individuals involved with the criminal justice' system in the greater Sixth Circuit Court. The services are provided and made available under the Michigan Mental Health Court Grant Program (MMHCGP). The MMHCGP is administered by the State Court Administrative Office (SCAO). The Mental Health Court is designed to assist the Court in responding to the needs of individuals involved in the criminal justice system who have or appear to have a mental illness that may impact any aspect of the person's case or sentence. 2.4. "Court Liaison" means the individual hired or contracted by and through OCCMHA to provide the services described in Appendix A, which is fully incorporated here by reference, for the Court. 2.5. "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 fees, 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. 2.6. "Supreme Court Administrative Office (SCAO)" means the administrative agency of the Michigan Supreme Court authorized by the Michigan Supreme Court to administer the Michigan Mental Health Court Grant Program. 2.7. "Service Provider" means a qualified public or private agency that provides mental health services to adults and children in Oakland County pursuant to a contract with OCCMHA. 3. Terms 3.1. The OCCMHA shall select and contract with one of its Service Providers (the designated Service Provider) for a Court Liaison who will meet or exceed the qualifications described in Appendix A, provide the services and perform the work described in Appendix A, at the Court or County Jail, under the direction of the OCCMHA, through the designated Service Provider, and according to the schedule established by OCCMHA, through the designated Service Provider. 2 Intergovernmental Agreement 10.14.13 3.2. OCCMHA shall, through the designated Service Provider, a subcontractor of OCCMHA, be fully responsible for providing training, supervision, supplies, and equipment necessary for the Court Liaison to perform the work described in Appendix A. 3.3. OCCMHA or the designated Service Provider, a subcontractor of OCCMHA, shall assume responsibility and liability for benefits, if any, for which the Court Liaison may be eligible by reason of his or her employment with OCCMHA or its subcontractor. Such benefits 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. OCCMHA shall either provide on behalf of the Court Liaison, or require that the designated Service Provider to provide and maintain, on behalf of the Court Liaison, 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 $54,000.00 to OCCMHA for providing, through the designated Service Provider, the services of a Court Liaison during the 2013-2014 grant fiscal year, which runs from October 1, 2013 through September 30, 2014. County shall have no responsibility or obligation of any type for providing any employee benefits or insurance, including workers compensation insurance, for Court Liaison. 3.6. To ensure timely payment, OCCMHA will invoice the County quarterly for the services provided by the Court Liaison. OCCMHA will calculate this amount based on the employment costs of the Court Liaison not to exceed $54,000 for the grant fiscal year. 3.7. County shall provide work space and a telephone line for Court Liaison. 3.8. If Court Liaison fails to perform the work described in Appendix A or fails to conform to the terms and conditions set forth in the Mental Health Court Program Grant, County may request a replacement Court Liaison from OCCMHA. OCCMHA shall act promptly to provide a replacement Court Liaison and ensure continuation of the services described in Appendix A. 3.9. The Parties agree that the Court Liaison is not, and is not intended to be, a Court or County employee. Court Liaison is an employee or contractor of the OCCMHA designated service provider, which has agreed to provide the mental health services described in Appendix A through the mechanism of a Court Liaison. 3.10. Information obtained by the Court Liaison may be subject to the Health Insurance Portability and Accountability Act (HIPAA) and other federal and state statutes. Intergovernmental Agreement 10.14.13 OCCMHA shall ensure that the Court Liaison complies with all relevant statutes and obligations regarding use and dissemination of such information. 3.11. DuratioH. This Agreement and any amendments will expire on September 30, 2014, unless extended by written amendment. 3.12. Termination. Either Party may terminate this Agreement for any reason on seven (7) days written notice to the other Party. 3.13. Grant Funds Unavailable. County may terminate this Agreement immediately if SCAO advises County that Mental Health Court Grant Program Funds become unavailable 3.14. Obligations on Termination. Upon termination or expiration of this Agreement, County will pay any sums due and owing for services provided by OCCMHA. OCCMHA will return to County any identification or access badges which permitted Court Liaison to access any County facilities. 3.15. Independent Contractor Relationship. Nothing in this Agreement creates an employer-employee relationship between the County (including any of its employees) and OCCMHA (including any of its employees, Service Providers, or contractors.) or between OCCMHA and the Designated Service Provider or between OCCMHA and the Court Liaison 3.16. No Indemnification. County will be responsible for any Claim made against it and for the acts or omissions of its employees. OCCMHA will be responsible for any Claim made against it or the Court Liaison 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. 3.17. 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. 3.18. 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. 3.19. 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. 3.20. Reservation of Rights. This Agreement does not, and is not intended to impair, Intergovernmental Agreement 10.14.13 4 divest, delegate, or contravene any constitutional, statutory, or other legal right, privilege, power, or immimity of the Parties. Nothing in this Agreement is a waiver of governmental immunity by either Party. 3.21. 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. 3.22. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.23. 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. 3.24. 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. (Remainder of page intentionally blank) Intergovernmental Agreement I0.J4.13 5 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 County Community Mental Health Authority: Date: Kathleen Kovach Deputy Executive Director Date: Willie Brooks Chief Financial Officer For Oakland County: Date:_ Michael J. Gingell, Chairperson Oakland County Board of Commissioners Date: The Honorable Nanci J. Grant, Chief Judge Sixth Judicial Circuit Court Intergovernmental Agreement 10.14.13 6 Appendix A Job Title: 6th Circuit Court/Adult Treatment Court Liaison Department: Courts Reports To: Community Liaison Manager Classification: Exempt GENERAL DESCRIPTION: The Court Liaison will be expected to provide access to a broad array of mental health services to serve both the Adult Treatment Court (ATC) and the greater 6th Circuit Court. The Adult Treatment Court was developed as an alternative to incarceration for individuals who suffer from mental illness and substance abuse. The Adult Treatment Court Team includes, but is not limited to, the Probation Officer, Public Defender's Office, Prosecutors, and Judges. The Court Liaison works closely with members of the Adult Treatment Court ' Team by delivering detailed progress and adherence updates on a regular basis. The Court Liaison is expected to serve and assist the 6th Circuit Court (in addition to ATC Team) via assessments, court testimonies, consultations, progress updates, crisis intervention, community referrals and the coordination of care throughout Oakland County Community Mental Health Authority's (OCCMHA) network of Core Provider Agencies (CPA). The Court Liaison will help bridge the gaps between the Court and Mental Health systems, identify common goals, and increase cross-system awareness and integration. JOB FUNCTIONS: • Complete timely mental health and/or substance abuse assessments and recommend proper course of action to the ATC/6th Circuit Court. • Attend Court hearings and provide the Court with information regarding client treatment, services, and supports. • Monitor treatment plan progress (or non-compliance) and report accordingly to theATC. • Be proactive in working with ATC clients by making frequent in person visits, phone calls and utilizing other forms of communication to ensure quality of care. • Facilitate the sharing of CPA treatment plans on a regular basis with ATC /6th Circuit Court. • Work closely with CP As to promote effective communication and understanding of ATC/6th Circuit Court policies (including attending relevant CPA meetings on a regular basis and inviting CPA personnel to Court meetings). • Provide crisis intervention when necessary. • Provide information and referrals to county residents in need of community services, who may or may not meet criteria for OCCMHA services. • Assist individuals in applying for Medicaid/SSI/Disability when needed. • Establish strong working relationships and serve as liaison with mental health 1 providers and human services agencies in the Oakland County community in order to facilitate efficient coordination of client services. • Represent Common Ground to the community in a manner that fosters the mission and goals of Common Ground and OCCMHA. • Perform other duties as assigned. DOCUMENTATION/REPORTING REQUIREMENTS • Ensure that proper consent forms for mental health services and other documents are completed. • Maintain current and accurate records subject to audit. • Participate in quality improvement and utilization review activities as appropriate. • Prepare comprehensive verbal, written and statistical reports as requested by the ATC/6 Circuit Court, Oakland County Community Health Authority (OCCMHA) and Common Ground. SUPERVISION: None MINIMUM QUALIFICATIONS: • Master's Degree in Psychology, Social Work, or Counseling with either: one year of clinical experience providing mental health services to clients with dual disorders (mental illness & substance abuse/dependence)OR Substance Abuse Specialization (Post Master's Level) or Clinical Internship in a Mentally 111 & Substance Abuse Facility (CMH, Hospital, Dual Diagnosis Treatment Center). • Licensed in the State of Michigan as an LLPC/LPC, LLMSW/LMSW or LLP. • Experience providing therapeutic services to individuals involved with the criminal justice system; persons with substance abuse and mental disorders. • IDDT experience; experience with Motivational Interviewing. KNOWLEDGE, SKILLS, ABILITIES: • Ability to provide Mental Health and Substance Abuse services in a jail/prison setting. • Ability to complete Mental Health Assessment and provide treatment recommendations. • Knowledge of short-term psychotherapy modalities such as so Motivational Interviewing. • Knowledge of Integrated Dual Disorder Treatment philosophy • Ability to provide congruent and accurate testimonies when summoned to court. • Experience with Person-Centered Planning and strength based approaches. • Experience in court related activities, including court reporting, advocating, and testifying. • Ability to collect, maintain and evaluate data. • Ability to integrate information and provide court and other reports as needed. • Ability to establish and maintain effective working relationships. • Ability to respond appropriately to requests from hospitals, Circuit Court, Prosecutor's 2 Office, Crisis Residential Facilities, Crisis Stabilization Team, clinical programs, and provider networks. • Ability to communicate effectively orally and in writing. • Ability to create presentations by integrating data from multidisciplinary sources. • Ability to work independently. • Ability to follow the rules, regulations, and standards of accrediting and regulating agencies. • Proficiency in MS Office- Word, Excel, Outlook. JOB CONDITIONS AND REQUIREMENTS • The work environment may subject staff to behavioral and medical problems that could be physically hazardous. • Works at 6th Circuit Court location, in office/court environment. 3 APPENDIX B CONTRACTOR INSURANCE REQUIREMENTS At all times during this Contract, including renewals or extensions, Contractor shall obtain and maintain insurance according to the following specifications: a. Commercial General Liability - with the following as minimum requirements: $3,000,000 - Each Occurrence (Total Limit) Occurrence Form Policy Broad Form Property Damage Premises/Operations Independent Contractors Products and Completed Operations (Blanket) Broad Form Contractual Personal Injury - Delete Contractual Exclusion Additional Insured: The County of Oakland and County Agents (as defined in this Contract); b. Workers' Compensation - as required by law and $500,000 Employer's Liability; c. Automobile Liability and Property Damage - $1,000,000 each occurrence, including coverage for all owned, hired and non-owned vehicles including No Fault coverage as required by law; d. Professional Liability/Errors & Omissions Insurance (as applicable) - with minimum limits of $1,000,000 per claim and $1,000,000 dollars aggregate. . General Certificates of Insurance: a All Certificates of Insurance shall contain evidence of the following conditions and/or' clauses and shall be sent to: The County of Oakland and County Agents, Oakland County Purchasing Division, 2100 Pontiac Lake Road, Bldg 41W, Waterford, MI 48328-0462 or fax 248-858-1677. b. The County of Oakland and County Agents (as defined in this Contract) shall be named as "General Liability" 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 dian ten (10) working days before commencement of work to the Oakland County Purchasing Division. Insurance carriers are subject to the approval of Oakland Comity. Resolution #13297 November 13, 2013 The Chairperson referred the resolution to the Finance Committee. There were no objections.