HomeMy WebLinkAboutResolutions - 2015.05.21 - 21857MISCELLANEOUS RESOLUTION #15142 May 21, 2015
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE —2015 JAIL DIVERSION PILOT INITIATIVE — GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff's Office has been awarded $211,394 from Oakland County Community Mental
Health Authority (OCCMHA); and
WHEREAS the funds will be used to train Oakland County Sheriff's Office deputies in crisis intervention
when dealing with subjects with a mental illness and better assess if a subject is a qualified candidate for
jail diversion; and
WHEREAS no county match is required; and
WHEREAS this grant agreement has completed the Grant Review Process according to the Board of
Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
2015 Jail Diversion Pilot Initiative award from the Oakland County Community Mental Health Authority
(OCCMHA), in the amount of $211,394 with no county match required.
BE IT FURTHER RESOLVED that the funding will be used to train Oakland County Sheriff's Deputy
personnel in Crisis Intervention.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant agreement and to approve any grant extensions or changes, within fifteen percent
(15%) of the original award, which are consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment and continuation of the grant program is contingent upon future levels of grant funding.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
GRANT REVIEW SIGN OFF — Sheriffs Office
GRANT NAME: 2015 Jail Diversion Pilot Initiative
FUNDING AGENCY: Oakland County Community Mental Health Authority (OCCM_HA)
DEPARTMENT CONTACT PERSON: Lt. Russ Yeiser (248) 858-5474
STATUS: Acceptance
DATE: May 4, 2015
Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal
grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners'
Liaison Committee Resolution, the grant agreement/contract, Finance Conunittee Fiscal Note, and this Sign Off
email containing grant review comments) may be requested to be placed on the appropriate Board of
Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Felt (4/21/2015)
Department of Human Resources:
HR Approved (No Committee) — Lori Taylor (4/21/2015)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (4/22/2015)
Corporation Counsel:
Thank you Lori. Katie attached is a clean approved copy. Let me know if you need anything else.
Bradley G. Berm (5/4/2015)
From:
To:
Cc:
Subject:
Date:
VanPelt, Laurie
West. Catherine A ., Secontine. Julle I ; Taylor, Lori.; Davis. Patricia
Cunningham, Dale A; Seaman. Loretta M; Yelser, Russell M; lull. Todd; Malone Jr.. Prentiss
RE: GRANT REVIEW: Oakland County Sher!Ms Office - 2015 Jail Diversion Pilot Initiative - Grant Agreement
Tuesday, April 21, 2015 4:38:54 PM
Approved.
From: West, Catherine [mailto:westca@oakgov.com]
Sent: Tuesday, April 21, 2015 3:29 PM
To: Secontine, Julie L; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G
Cc: Cunningham, Dale A; Seaman, Loretta M; Yeiser, Russell M; Hill, Todd; Malone Jr., Prentiss
Subject: GRANT REVIEW: Oakland County Sheriffs Office - 2015 Jail Diversion Pilot Initiative - Grant
Agreement
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor — Julie Secontine — Pat
Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Oakland County Sheriff's Office
2015 Jail Diversion Pilot Initiative
Oakland County Community Mental Health Authority (OCCMHA)
Attached to this email please find the grant document(s) to be reviewed. Please provide your
review stating your APPROVAL, APPROVAL WITH MODIFICATION, or
DISAPPROVAL, with supporting comments, via reply (to all) of this email.
Time Frame for Returned Comments: April 28, 2015
GRANT INFORMATION
Date: April 21, 2015
Operating Department: Sheriff's Office
Department Contact: Lt. Russ Yeiser
Contact Phone: (248) 858- 5474
Document Identification Number:
REVIEW STATUS: Acceptance — Resolution Required
Funding Period: 1/1/2015 — 12/31/2015
Will you issue a sub award(s): No
New Facility / Additional Office Space Needs: N/A
IT Resources (New Computer Hardware / Software Needs or Purchases): No
Funding Continuation/New: New
Application Total Project Amount: $211,394
Prior Year Total Funding: N/A
New Grant Funded Positions Request: None
Changes to Current Positions: None
Grantor Funds: $211,394
From:
To
Cc:
Subject:
Date:
Taylor, LorI
"West, Catherine"; "Julie Secontine"; "Laurie VanPelt"; "Pat Davis"
"Cunninaham. Dale"; 'Seaman. Lori"; IY..eiser,„RusselL; billt@oakgov.com; "Malone. Prentiss"
RE: GRANT REVIEW: Oakland County Sheriff's Office - 2015 Jail Diversion Not Initiative - Grant Agreement
Tuesday, April 21, 2015 5:35:04 PM
HR Approved (No Committee)
Lori Taylor
Manager-Human Resources
Recruitment 81. Workforce Planning
Oakland County Michigan
2100 Pontiac Lake Road
Waterford, MI 48328
taylorlo(Woakgov.com,
.)taLmaakgsiv=lialaa
Phone: 248-858-0548
Fax: 248-858-8391
,
From: West, Catherine [rnailto:westca@oakgov.com ]
Sent: Tuesday, April 21, 2015 3:29 PM
To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis
Cc: Cunningham, Dale; 'Seaman, Lori'; 'Yeiser, Russel'; hillt@oakgov.com ; Malone, Prentiss
Subject: GRANT REVIEW: Oakland County Sheriffs Office - 2015 Jail Diversion Pilot Initiative - Grant
Agreement
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor — Julie Secontine — Pat
Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Oakland County Sheriff's Office
2015 Jail Diversion Pilot Initiative
Oakland County Community Mental Health Authority (OCCMHA)
Attached to this email please find the grant document(s) to be reviewed. Please provide your
review stating your APPROVAL, APPROVAL WITH MODIFICATION, or
DISAPPROVAL, with supporting comments, via reply (to all) of this email.
Time Frame for Returned Comments: April 28, 2015
GRANT INFORMATION
Date: April 21,2015
Operating Depaitment: Sheriffs Office
Department Contact: Lt. Russ Yeiser
Contact Phone: (248) 858- 5474
Document Identification Number:
From:
To:
Cc:
Subject:
Date:
Erlenbeck. Robert
West. Catherine A; Secontine. Julie L; Van Pelt, Laurie M; Taylor. Loll; Davis. Patricia
Cunnincham. Dale A; Seaman. Loretta M; Yelser,,Russe0; 111H. Todd; Malone Jr.. Prentfss
RE: GRANT REVIEW: Oakland County Sheriff's Office - 2015 Jail Diversion Pilot Initiative - Grant Agreement
Wednesday, April 22, 2015 3:31:21 PM
Approved by Risk Management. R.E. 4/22/15.
Please note:. page two of the LOA in the paragraph detailing the CMH Authority monthly reporting
requirements contains a contradiction in "the reports are due ten (20) days after the close of each
calendar month."
From: West, Catherine [mailto:westca@oakgov.com]
Sent: Tuesday, April 21, 2015 3:29 PM
To: Secontine, Julie L; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G
Cc: Cunningham, Dale A; Seaman, Loretta M; Yeiser, Russell M; Hill, Todd; Malone Jr., Prentiss
Subject: GRANT REVIEW: Oakland County Sheriffs Office - 2015 Jail Diversion Pilot Initiative - Grant
Agreement
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor — Julie Secontine — Pat
Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Oakland County Sheriff's Office
2015 Jail Diversion Pilot Initiative
Oakland County Community Mental Health Authority (OCCMHA)
Attached to this email please find the grant document(s) to be reviewed. Please provide your
review stating your APPROVAL, APPROVAL WITH MODIFICATION, or
DISAPPROVAL, with supporting comments, via reply (to all) of this email.
Time Frame for Returned Comments: April 28, 2015
GRANT INFORMATION
Date: April 21, 2015
Operating Department: Sheriffs Office
Department Contact: Lt. Russ Yeiser
Contact Phone: (248) 858- 5474
Document Identification Number:
REVIEW STATUS: Acceptance — Resolution Required
Funding Period: 1/1/2015 — 12/31/2015
Will you issue a sub award(s): No
New Facility / Additional Office Space Needs: N/A
IT Resources (New Computer Hardware / Software Needs or Purchases): No
Funding Continuation/New: New
Application Total Project Amount: $211,394
OAKLAND COUNTY INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY
FOR
JAIL DIVERSION PILOT INITIATIVE 2015
This Agreement ("Agreement") is made and entered into between the County of Oakland,
("County"), a Michigan Constitutional and Municipal Corporation, a political subdivision of the
state of Michigan, and the designated Coordinating Agency per MCL 333.6201 et seq., whose
address is 1200 North Telegraph, Pontiac, Michigan 48341 and the OAKLAND COUNTY
COMMUNITY MENTAL HEALTH AUTHORITY (hereafter "CMH Authority"), a Michigan
Statutory Public Governmental Entity (MCL 330.1100a(12), Federal Employer I.D. #38-
3437521), created pursuant to the Michigan Mental Health Code (P.A. 1974, No. 258, MCL
330.1100, et seq., hereafter "Mental Health Code"), whose address is 2011 Executive Hills
Blvd., Auburn Hills, MI 48326. In this Agreement, either the CMH Authority or the County may
also be referred to individually as a "Party" or jointly as the "Parties."
PURPOSE OF AGREEMENT. The CMH Authority is seeking to purchase services or provide
funds for programs to Oakland County. The Parties agrees, subject to the terms and conditions
set forth in this Agreement, to provide funds and/or services as described in Exhibits I and
Exhibit II.
The Parties are authorized to enter into this Agreement pursuant to P.A. 1967, No. 7 (MCL
124.501 et seq.).
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree as follows:
1. DEFINITIONS. In addition to any other defined terms in this Agreement (e.g.,
"Agreement," "County," "Mental Health Code," "CMH Authority," "Party," or "Parties,"
etc.), the Parties agree that for all purposes, and as used throughout this Agreement, the
following words and expressions used throughout this Agreement, whether used in the
singular or plural, within or without quotation marks, or possessive or nonpossessive, shall
be defined, and interpreted as follows:
1.1. Agreement Documents mean the following documents, which this Contract includes
and incorporates:
1.1.1. Exhibit I: Financial Obligations
1.1.2. Exhibit II: Scope of Services
1.2. Claim(s) means any loss; complaint; demand for relief or damages; lawsuit; cause of
action; proceeding; judgment; penalty; costs or other liability of any kind which is
imposed on, incurred by, or asserted against the County or for which the County may
become legally or contractually obligated to pay or defend against, whether
commenced or threatened, including, but not limited to, reimbursement for reasonable
attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs,
investigation expenses, litigation expenses, or amounts paid in settlement..
1.3. CMH Authority as defined on the first page of this Agreement, and shall be further
defined to include any and all "CMH Agents" as defined herein.
1.4. CMH Authority Agent shall be defined to include, any and all CMH Authority
Contractor(s)' employees, officers, directors, board members, concurrent board
members, managers, departments, divisions, trustees, volunteers, licensees,
concessionaires, subcontractors, vendors, subsidiaries, joint ventures or partners,
and/or any such CMH Authority Contractor(s)' successors or predecessors and any
such successors' or predecessors' employees (whether such persons act or acted in
their personal, representative or official capacities), and/or any and all persons acting
by, through, under, or in concert with any CMH Authority Contractor(s) "CMH
Authority Agency" shall also include any person who was a CMH Authority Agent
any time during the term of this Agreement but, for any reason, is no longer
employed, appointed, or serving as a CMH Authority Agent, without limitation, any
and all employees, officers, directors, members, managers, departments, and divisions
of the CMH Authority (whether such persons act or acted in their personal,
representative or official capacities but shall NOT include the County or "Concurrent
Board Member" as defined herein.
1.5. Concurrent Board Member shall be defined as any Oakland County Commissioner
who is also serving as a member of the Oakland County Community Mental Health
Authority Board.
1.6. County As this term may be used in this Agreement, "County" shall be further
defined to include any and all "County Agents," as defined herein.
1.7. County Agent shall be defined as any and all elected officials, appointed officials,
directors, board members, council members, commissioners, authorities, other boards,
committees, commissions, employees, third-party contractors, departments, divisions,
volunteers, representatives, and/or any such persons' successors (weather such
persons act or acted in their personal representative or official capacities), and/or
"County Agents" shall also include any person who was a County Agent any time
during the term of this Agreement but, for any reason, is no longer employed,
appointed, or elected and serving as an County Agent, and shall include the any
"Concurrent Board Member."
1.8. Day shall be defined as any calendar day, which shall always begin at 12:00:00 a.m.
and end at 11:59:59 p.m.
2. COUNTY SERVICES FOR THE CMH AUTHORITY. Subject to the terms and
conditions in this Agreement, and except as otherwise provided by law, the County shall
provide those services for the CMH Authority as described in Exhibit II attached to this
Agreement and hereby incorporated and made part of this Agreement. The Parties intend,
agree, and acknowledge that no services, other than those services described in this
Agreement, shall or are otherwise required to be provided by the County for or to the CMH
Authority. Additional services may be contracted by mutual agreement between the Parties.
3. CMH AUTHORITY PAYMENT OBLIGATION FOR COUNTY SERVICES.
3.1. Subject to the terms and conditions of this Agreement the CMH Authority agrees to
pay to the County on a monthly basis the dollar amount described in Exhibit I. This
amount shall be paid to the County within the 30 days of the CMH Authority
receiving the expenditure report from the County, via a wire transfer to a bank
account designated by the County.
3.2. The Parties agree that the dollar Amount in Exhibit I is subject to change. The CMH
Authority will notify the County via a written notice at least 30 days in advance of
any such change, and the notice shall detail the change in the dollar amount.
Furthermore, if the dollar amount described in Exhibit I should change either by
increase or decrease the level of services provided by the County will change
accordingly to match that increase or decrease in funds. At no time will the County
be required to perform services for which it will not be paid or reimbursed.
3.3. Notwithstanding any references in the Exhibits to this Agreement, the Parties agree
that any and all references to "capitation," "Per Eligible Per Month (PEPM)
payments," "shared-risk," "risk" of any sort, or any maximum payment obligation
shall be completely void and without any effect in interpreting this Agreement.
3.4. Unless there is a termination as provided for herein, the CMH Authority's obligations
set forth in this Section, shall be absolute and unconditional and shall not be affected
by the occurrence of either Party's default of any term or condition of this
Agreement, nor shall any other occurrence or event relieve, limit, or impair the
obligation of the CMH Authority to pay any such amount due to the County.
3.5. In the event that any amount due and owing from the CMH Authority is not paid to
the County as otherwise required in this Agreement, the CMH Authority agrees that
the County may, at its sole option, recover any and all such amounts determined by
the County to be then due and owing by the CMH Authority by and through any
combination of reduced payments, set-off, and/or withholding of any CMH Authority
funds then in the possession of the County that would otherwise have been paid to the
CMH Authority by the County pursuant to the Mental Health Code and/or any prior
County funding commitment.
3.6. This Section shall not be interpreted as prohibiting, limiting or preventing the Parties
from mutually recognizing and agreeing that any amount invoiced by and/or received
or paid to the County in connection with this Agreement was in error and voluntarily
agreeing to correct same.
3.7. The Contract Amount per the Exhibit I for the applicable fiscal year represents a Not
To Exceed Amount (NTE) and is the maximum financial obligation of the CMH
Authority to the County for that fiscal year. If the Contractor projects their expenses
will exceed the NTE the County will submit to CMH Authority in writing a request
for additional funds as soon as projections indicate a potential overage but no later
than September 30th of the current fiscal year. Upon this notification the County and
CMH Authority will discuss potential adjustments to the NTE.
3.8. Cost Settlement & Audit: For each fiscal year (October 1 through September 30),
cost settlement will be based on a comparison of the Exhibit I categorical amounts, as
amended by CMH Authority, to the County's actual, allowable, net expenses incurred
and reported for the period.
4. ASSURANCES AND WARRANTIES.
4.1. The CMH Authority agrees to comply with the provisions of any and all laws relating
to nondiscrimination and conflict of interest with governmental employees and,
specifically, any County Agent. The CMH Authority warrants to avoid any conflict of
interest, whether real or perceived.
4.2. Any and all County services set forth in this Agreement are provided on an "as-in"
and "as-available" basis, without any warranty of any kind, to the maximum extent
peunitted by applicable law. The County hereby expressly further disclaims any and
all warranties, of any kind, whether express or implied, including, without limitation,
any implied warranties of merchantability, fitness for a particular purpose, non-
infringement, and/or that any County services under this Agreement will meet any
CMH Authority's needs or requirements, will be uninterrupted, timely, secure, error
or risk free/or that any deficiencies in any County service. The entire risk arising out
of the use of any and all County services herein remains at all times, with the CMH
Authority to the maximum extent permitted by law.
5. NO INDEMNIFICATION.
5.1. Each Party shall be responsible for any Claims made against that Party and for the
acts of its Employees or Agents.
5.2. 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 any attorney fees.
5.3. Except as otherwise provided in this Agreement, neither Party shall have any right
under any legal principle to be indemnified by the other Party or any of its employees
or Agents in connection with any Claim.
5.4. This Agreement 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 Parties. Nothing in this Agreement shall be
construed as a waiver of governmental immunity for either Party.
6. LIMITS AND EXCLUSIONS ON COUNTY SERVICES.
6.1. In no event and under no circumstances in connection with or as a result of this
Agreement shall the County be liable to the CMH Authority, or any other person, for
any consequential, incidental, direct, indirect, special punitive, or other similar
damages whatsoever (including, without limitation, damages for loss of business,
profits, business interruption, or any other pecuniary loss or business detriment)
arising out of this Agreement for any County services hereunder or any CMH
Authority use or inability to use any County services, even if the County has been
advised of the possibility of such damages.
7. NO IMPLIED WAIVER. Except as otherwise expressly provided for in this Agreement:
7.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any
rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement.
7.2. No waiver of any term, condition, or provision of this Agreement, whether by
conduct or otherwise, in one or more instances, shall be deemed or construed as a
continuing waiver of any term, condition, or provision of this Agreement.
7.3. No waiver by either Party shall subsequently affect its right to require strict
performance of this Agreement.
8. MONITORING.
8.1. The CMH Authority will perform regular monitoring and reporting on the County's
performance and the County agrees to cooperate with the monitoring.
8.2. The CMH Authority shall complete on-site reviews and/or audits of the County at
least annually and has the right to investigate alleged compliance violations by the
County.
8.3. The CMH Authority shall prepare a report summarizing the findings from the on-site
review and/or audit and shall forward a copy of the report to the County within 60
days of completion of the review and/or audit.
9. AUDITING. The County agrees that financial records will be available upon request for
review or audit by CMH Authority or other appropriate officials.
10. AGREEMENT INTERPRETATION. The Parties agree that performance under this
Agreement will be conducted in compliance with all federal, Michigan, and local laws and
regulations. This Agreement is made and entered into in the County of Oakland and in the
State of Michigan. The language of all parts of this Agreement is intended to and under all
circumstances to be construed as a whole according to its fair meaning and not construed
strictly for or against any Party.
11. EFFECTIVE DATE AND DURATION OF THE AGREEMENT.
11.1, The Parties agree that this Agreement, and/or any subsequent amendments thereto,
shall not become effective prior to the approval by the Oakland County Board of
Commissioners and the CMH Authority. The approval and terms of this Agreement,
and/or any possible subsequent amendments thereto, shall be entered in the official
minutes and proceedings of the Oakland County Board of Commissioners and the
CMH Authority Board and shall also be filed with the office of the Clerk of the
County.
11.2. The Patties further agree that this Agreement, and/or any subsequent amendments
thereto, shall not become effective prior to the filing of this Agreement, and/or any
possible subsequent amendments with the Michigan Secretary of State (MCL
124 .510).
11.3. This Agreement shall remain in effect until it is cancelled or teiminated by either of
the Parties as provided herein.
12. INDEPENDENT CONTRACTOR. The Parties agree that at all times and for all purposes
under the terms of this Agreement, the County's and/or any and all County Agents' legal
status and relationship to the CMH Authority shall be that of an Independent Contractor.
Except as expressly provided herein, each Party will be solely responsible for the acts of its
own employees, agents, and servants during the -Lean of this Agreement. No liability, right
or benefits arising out of an employer/employee relationship, either express or implied, shall
arise or accrue to either Party as a result of this Agreement.
13. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may
terminate and/or cancel this Agreement upon ninety (90) Days written notice to the other
Party. The effective date of termination and/or cancellation shall be clearly stated in the
written notice. Termination of this Agreement does not release any Party from any
obligations that Party has pursuant to any law.
13.1. The Parties agree and acknowledge that either Party's decision to terminate and/or
cancel this Agreement, or any one or more individual County Services identified
herein, shall not relieve the CMH Authority or any CMH Authority payment
obligation for any County Services rendered prior to the effective date of any
termination or cancellation of this Agreement. The provisions of this Subsection shall
survive the termination, cancellation, and/or expiration of this Agreement.
14. DISCRIMINATION. The Parties shall not discriminate against their employees, agents,
applicants for employment, or another person or entities with respect to hire, tenure, terms,
conditions, and privileges of employment, or any matter directly or indirectly related to
employment in violation of any federal, state or local law.
15. RECORD RETENTION. The Parties agrees to maintain records in accordance with state
law. All records relative to this Agreement shall be available at any reasonable time for
examination or audit by personnel authorized by CMH Authority or law.
16. CORPORATE COMPLIANCE. The County shall have a Corporate Compliance Plan
and/or Policy. The Plan shall advance the prevention of fraud, abuse and waste providing
health care and to detect misconduct or wrongdoing. The CMH Authority shall monitor the
implementation of the Plan. The County shall investigate any reported allegations of fraud
and abuse related to the purchase of services funded through this Agreement. The County
shall notify the CMH Authority within 48 hours of becoming aware of any such
allegation(s). The County shall also notify the CMH Authority of the outcome of the
investigation completed by the County.
17. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate,
subcontract, and/or assign any obligations or rights under this Agreement without the prior
written consent of the other Party.
18. FORCE MAJEURE. Each Party shall be excused from any obligations under this
Agreement during the time and to the extent that a Party is prevented from performing due
to causes beyond the Party's control, including, but not limited to, an act of God, war, fire,
strike, labor disputes, civil disturbances, reduction of power source, or any other
circumstances beyond the reasonable control of the affected Party. Reasonable notice shall
be given to the other party of any such event.
19. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this
Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed
from this Agreement. All other terms, conditions, and provisions of this Agreement shall
remain in full force.
20. CAPTIONS. The section and subsection numbers, captions, and any index to such sections
and subsections contained in this Agreement are intended for the convenience of the reader
and are not intended to have any substantive meaning. The numbers, captions, and indexes
shall not be interpreted or be considered as part of this Agreement. Any use of the singular
or plural number, any reference to the male, female, or neuter genders, and any possessive
or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or
possession as the context requires.
21. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, 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 on the date
when one of the following first occur: (1) the date of actual receipt; (2) the next business
day when notice is sent express delivery service or personal delivery; or (3) three days after
mailing first class or certified U.S. mail.
21.1. If Notice is sent to the County, it shall be addressed and sent to: 1200 North
Telegraph, Pontiac, Michigan 48341.
21.2. If Notice is sent to the CMH Authority, it shall be addressed and sent to: 2011
Executive Hills Blvd., Auburn Hills, MI 48326
21.3. Either Party may change the address and/or individual to which Notice is sent by
notifying the other Party in writing of the change.
22. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the
laws of the State of Michigan without giving effect to its conflict of law principles.
23. JURISDICTION AND VENUE. Except as otherwise required by law or court rule, any
action brought to enforce, interpret, or decide any Claim(s) arising under or related to this
Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the
50th District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of
the court. Except as otherwise required by law or court rule, venue is proper in the courts
set forth above. The choice of forum set forth above shall not be deemed to preclude the
enforcement of any judgment obtained in such forum or taking action under this Agreement
to enforce such judgment in any appropriate jurisdiction,
24. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, rescissions, waivers, or releases to this Agreement must be in writing and
executed by both Parties. The Parties agree that no such modification, rescission, waiver,
release or amendment of any provision of this Agreement shall become effective against the
County unless signed for by the Oakland County Board of Commissioners. The Parties
further agree that this Agreement shall not be changed, supplemented, or amended, in any
manner, except as provided for herein, and no other act, verbal representation, document,
usage or custom shall be deemed to amend or modify this Agreement in any manner.
25. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the
Parties along with the Agreement Documents. In entering into this Agreement, CMH
Authority acknowledges that it has not relied upon any prior or contemporaneous
agreement, representation, warranty, or other statement by the County and/or any County
Agent that is not expressly set forth in this Agreement, and that any and all such possible,
perceived or prior agreements, representations, understandings, statements, negotiations,
understandings and undertakings, whether written or oral, in any way concerning or related
to the subject matter of this Agreement are fully and completely superseded by this
Agreement.
25.1. If there is a contradicting term or condition in any Exhibit to this Agreement, the
Agreement controls.
25.2. It is further agreed that the terms and conditions of this Agreement are contractual
and binding and are not mere recitals. The Parties acknowledge that this Agreement
contains certain limitations and disclaimers of liability.
OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY:
BY:
Deputy Executive Director
BY:
Chief Financial Officer
THE COUNTY OF OAKLAND
BY:
DATE:
DATE:
DATE:
Chairperson, Oakland County Board of Commissioners
OAKLAND COUNTY INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY
FOR
JAIL DIVERSION PILOT INITIATIVE 2015
EXHIBIT I: Financial and Reporting Obligations
The funding made available under this contract is for the budget year January 1, 2015, through
December 31, 2015.
The not-to-exceed amount of this agreement is $211,394.00 and the CMH Authority will fund
the County as follows:
Staffing
CIT Coordinator
CIT Information Systems
Staffing Total:
Tuition Reimbursement rate not to exceed per officer
Road Patrol Deputy
Road Patrol Sergeant
Road Patrol Lieutenant
Tuition Reimbursement Total:
NOT TO EXCEED
17,197.00
12,197.00
$ 29,394.00
2,648.40
3,150.80
3,604.00
$182,000.00
$ 211,394.00
The expenditure reports must be submitted on a monthly basis no later than twenty (20) days
after the close of each calendar month.
The NTE indicates the maximum possible financial obligation of CMH Authority regardless of
the County's total costs and expenditures under this Agreement.
A deviation allowance modifying an established budget category by $10,000.00 or 15 percent of
the funding for each project expenditure item, whichever is greater, is permissible. Any
modification or deviations in excess of this provision, including any adjustment to the total
amount of this agreement, must be made in writing and executed by all parties to this agreement
before the modifications can be implemented. This deviation allowance does not authorize new
categories, subcontracts, equipment items, or positions.
The County will be reimbursed monthly for actual expenditures incurred after the submission,
review and approval by the CMH Authority of each expenditure report. The expenditure reports
must be submitted on a monthly basis no later than twenty (20) days after the close of each
calendar month.
The County shall submit to the CMH Authority monthly reports on the progress on the key
activities that have occurred. The reports are due twenty (20) days after the close of each
calendar month.
OAKLAND COUNTY INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY
FOR
JAIL DIVERSION PILOT INITIATIVE 2015
EXHIBIT II: Scope of Services
The OCSO and Oakland County Community Mental Health has been awarded a grant to conduct
CIT (Crisis Intervention Team) Training. Upon completion of the training, CIT Deputies will be
better equipped to deal with subjects with a mental illness and better assess if a subject is a
qualified candidate for Jail Diversion. Other CIT programs around the country have had
successful results with this program, specifically seeing a reduction in officer and individual
injuries.
A curriculum will be developed that consists of classroom lecture, consumer panels, and
scenario-based role-playing exercises. The curriculum will cover a broad range of topics
relevant to law enforcements interaction with the mental health system. The comprehensive 40
hour mental health training is open to Deputies and Sergeants assigned to uniformed patrol. The
training will be a mix of classroom and scenario role playing, including FATS/MILO and Red-
Man. Funding is available to train up to 80 officers.
FISCAL NOTE (MISC. #15142) May 21, 2015
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE —2015 JAIL DIVERSION PILOT INITIATIVE - GRANT ACCEPTANCE
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. The Sheriff's Office has been awarded $211,394 from the Oakland County Mental Health
Authority (OCCMHA) which will be used to train Oakland County Sheriffs Office (OCSO) deputies
in crisis intervention when dealing with subjects with a mental illness, and to better assess if a
subject is a qualified candidate for jail diversion.
2. The grant funding period is January 1, 2015 through December 31, 2015.
3. There is no County grant match requirement.
4. Acceptance of this grant does not obligate the County to any future commitments and
continuation is contingent upon future grant awards.
5. A FY 2015 budget amendment is recommended
JAIL DIVERSION FUND #27321
GR #0000000713, Activity: GLB Analysis: GLB
Budget Reference 2015
FY 2015
Revenues
4030501-110110-615571 State Oper. Grants
Total Revenues
$211,394
$211,394
Expenditures
4030501-110110-730373 Contracted Services
Total Expenditures
$211,394
$211,394
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Matis absent.
Resolution #15142 May 21, 2015
Moved by Spisz supported by Jackson the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gingell, Gosselin, Hoffman, Jackson, KowaII, Long, Matis, McGillivray,
Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Crawford. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
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HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXCUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 May 21, 2015,
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 21 st day of May 2015.
Lisa Brown, Oakland County