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HomeMy WebLinkAboutResolutions - 2018.07.19 - 23699MISCELLANEOUS RESOLUTION #18256 July 19, 2018 BY: Commissioner Christine Long, Chairperson, General Government Committee, IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION — INTERLOCAL AGREEMENT WITH OAKLAND SCHOOLS FOR THE PROVISION OF EDUCATIONAL PLANNING SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Children's Village (OCCV) is focused on preparing the children under its care for an efficient transition back to their educational and home environments with positive opportunities for success; and WHEREAS Oakland Schools has agreed to partner with OCCV by entering into an Interlocal Agreement where Oakland Schools will provide educational planning services for youth and their families identified by OCCV; and WHEREAS the interlocal agreement will be effective from July 1, 2018 through June 30, 2019; and WHEREAS Oakland Schools has agreed to assign one Full Time Educational Planner, who will be responsible for the development of each child's Educational Plan and establishment of an Educational Planning Team, and one Part Time Team Leader to oversee this collaborative undertaking; and WHEREAS OCCV agrees to pay Oakland Schools an annual amount not to exceed $87,332, to be paid quarterly pursuant to written invoices submitted to OCCV, for reimbursement of personnel costs for services provided. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Interlocal Agreement between OCCV and Oakland Schools for Educational Planning Services effective July 1, 2018 through June 30, 2019 in the amount of $87,332 annually. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. Commissioner C ristine Long, District #7 Chairperson, General Government Commit e GENERAL GOVERNEMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Quarles absent. ADR REVIEW SIGN OFF — Department of Health and Human Services/ Children's Village Division RESOLUTION TITLE: Department of Health and Human Services/ Children's Village Division — Interlocal Agreement with Oakland Schools for the Provision of Educational Planning Services DEPARTMENT CONTACT PERSON: Jody Overall 858-1164 DATE: 6/22/18 DEPARTMENT REVIEW Department of Human Resources: Approved (No Committee) - Heather Mason (6/20/2018) Corporation Counsel: Approved — Bradley Berm (6/20/2018) Department of Management and Budget: Approved — Lynn Sonkiss (6/22/2018) Intergovernmental Agreement For Educational Planning Services This Intergovernmental Agreement For Educational Planning (the "Agreement") is made as of the Effective Date between the County of Oakland, a Michigan municipal and constitutional corporation located at 1200 North Telegraph Road, Pontiac, Michigan 48341, (the "County"), Oakland Schools, a Michigan intermediate school district, whose address is 2111 Pontiac Lake Road, Waterford, Michigan 48328 ("Oakland Schools"). Each a "Party" and collectively the "Parties." RECITALS A. The County operates the Oakland County Children's Village ("OCCV"), which is a facility that provides various services to children and youth who come under the jurisdiction of the court and are deemed to be temporarily in need of out-of- home care, custody and treatment. Part of the treatment and services provided by OCCV is focused on preparing the children and youth for a reasonable and efficient transition from OCCV so that they may return to their educational and home environments with positive opportunities for success. C. As part of these services, the County desires to implement certain educational planning services for designated youth employing a team approach with various individuals, such as the youth, his/her parent(s) or guardians, other services providers/agencies, schools, extended family and friends in order to create an individualized plan to meet the needs of the youth and their families by utilizing their strengths to achieve a common goal of achievement and stabilization. D. The County desires to engage Oakland Schools to provide defined assessment and follow-up services set forth in this Agreement for certain youth who will be released from OCCV and receive Oakland Schools' Educational Planning services. E. Pursuant to the Intergovernmental Contracts between Municipal Corporations Act, 1951 PA 35, MCL 124.1, et seq., each Party to this Agreement may enter into this Agreement in order to establish the terms and conditions upon which they cooperatively perform and carry out this Agreement. F. The Parties desire to enter into this Agreement to set forth the respective obligations of the Parties relative to the educational planning services. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the terms, conditions and obligations of the Parties relative to the assessment of designated youth who are under the jurisdiction of the court and confined to OCCV (hereinafter the "Youth") and identification of programs available to the Youth that will support the Youth as they transition hack to their respective educational and home environments after release from OCCV. 2. Engagement and Relationship of Parties. The County hereby engages Oakland Schools and Oakland Schools accepts such engagement to provide the Services set forth in this Agreement for the consideration and upon the terms and conditions set forth in this Agreement. 1 The relationship between the County and Oakland Schools (including any personnel, third-party consultants or independent contractors of Oakland Schools) and the School District shall be that of independent contracting parties. Oakland Schools' personnel, third-party consultants and independent contractors shall be self-directed in their activities, provided that said personnel, consultants or independent contractors shall abide by the terms of their respective employment agreement or contractual arrangement with Oakland Schools. This Agreement shall not be construed as authority for any Party to act for the other Party in any agency or other capacity or to make commitments of any kind for the account of, or on behalf of the other Party, except to the extent, and for the purposes, expressly provided for and set forth herein, and no partnership or joint venture is created hereby. It is expressly agreed that neither Oakland Schools nor any third-party consultants or independent contractors provided by Oakland Schools hereunder are entitled to participate in any plans, arrangements, or distributions by the County or the School District pertaining to or in connection with any fringe, pension, bonus, profit sharing, or similar benefits, or any medical, dental, life or disability insurance plans. 3. Term. The initial term of this Agreement shall commence upon the Effective Date and shall end June 30, 2019, unless earlier terminated as provided for herein ("Term"). This Agreement may only be extended or renewed upon the mutual written agreement of the Parties. 4. Termination. A Party may terminate this Agreement, with or without cause, upon thirty (30) days prior written notice to the other Parties. In the event of termination, the County shall pay Oakland Schools for all Services rendered prior to the date of termination. 5. Overview of Educational Planning Model for Youth. The Educational Planning services to be provided to the designated Youth at OCCV will begin with an assessment of the Youth. Oakland Schools will attend an assessment meeting at OCCV approximately 30 -45 days prior to the date the Youth is scheduled for release from OCCV. Following its assessment of the Youth, Oakland Schools will develop a report/plan for the Youth that identifies what programs and other services are needed for the Youth as part of the Youth's transition to its education at the School District and community (the "Transition Plan"). Thereafter, Oakland Schools will provide on-going monitoring of the Youth's agreed upon Transition Plan. This will include regular meetings with the Reentry team, as well as participation in all meetings concerning the identified youth. 6. Obligations of Oakland County. In addition to any other obligations of the County set forth in this Agreement, the County shall: a. Identify the designated Youth that will be subject to the Services to Oakland Schools and the School District; b. Provide all necessary background data, records and documentation of each Youth to Oakland Schools and the School District; c. Be responsible, in collaboration with Oakland Schools and the School District, for the implementation of the agreed upon Transition Plan; d. Work in collaboration with Oakland Schools and the School District to identify appropriate services to ensure success by the Youth; e. Pay Oakland Schools the annual Fee in accordance with this Agreement; 2 f. Reasonably cooperate with Oakland Schools and the School District regarding any scheduling, timelines and requirements related to the Transition Plan. 7. Obligations of the School District. In addition to any other obligations of the School District set forth in this Agreement, the School District shall: a. Be responsible, in collaboration with Oakland Schools and the County, for the implementation of the agreed upon Transition Plan; b. Work in collaboration with Oakland Schools and the School District to identify appropriate services to ensure success by the Youth; c. Reasonably cooperate with Oakland Schools and the County regarding any scheduling, timelines and requirements related to the Transition Plan. 8. Scope of Services and Obligations of Oakland Schools. In addition to any other obligations of Oakland Schools set forth in this Agreement, Oakland Schools shall: a. Provide the scope of services set forth in Attachment A, attached hereto and incorporated herein by reference (the "Services"); b. Provide 1 FTE of personnel to perform the Services and Oakland Schools may provide other personnel that it may deem necessary or appropriate to perform the Services (the "Personnel"); c. Be responsible, in collaboration with the School District and the County, for the implementation of the agreed upon Transition Plan; d. Work in collaboration with Oakland Schools and the School District to identify appropriate services to ensure success by the Youth; e. Reasonably cooperate with the School District and the County regarding any scheduling, timelines and requirements related to the Transition Plan; f. Provide workspace, equipment and supplies at a location at Oakland Schools for the Educational Planner and a Team Leader. g. Provide necessary professional development for the Educational Planner and a Team Leader. 9. Fee and Payment Terms. The County agrees to pay Oakland Schools an annual amount not to exceed Eighty Seven Thousand and Three Hundred Thirty Two and 00/100 Dollars ($87,332.00) (the "Fee") as more fully described in Attachment B. The Fee shall be payable to Oakland Schools on a quarterly basis pursuant to written invoices issued by Oakland Schools and delivered to the County, beginning in July 1, 2018 and. The amounts invoiced by Oakland Schools, and County's obligation to pay, shall only be for the reimbursement to Oakland Schools for the costs for the Personnel to carry out the Services under this Agreement. If Oakland Schools provides any services in addition to the Services, those will be billed by Oakland Schools on a cost-recovery basis to the County. 3 10. Insurance of the Parties. During the term of this Agreement, each Party shall procure and maintain, at its sole costs and expense, commercial general liability and other insurance policies, or self-insurance as required by law, with minimum limits as customary and commercially reasonable for their respective operations. 11. Reliance Upon Information. The Services that Oakland Schools has agreed to provide under this Agreement and the corresponding Fee were developed based on the information provided by the County and the understanding that the County and/or the School District is also responsible to, and will, provide any staff or other personnel who have the proper qualifications and training as reasonably necessary to carry out their respective obligations under this Agreement. If such information is inaccurate, or the County and/or the School District fails to provide the necessary personnel who are properly trained and qualified, then the financial terms and obligations of Oakland Schools shall be renegotiated and restated to correct such change or inaccuracy on mutually agreeable terms and Oakland Schools shall not be liable for any damages if such information, data or personnel/staff provided by the County and/or the School District is incorrect, incomplete, inaccurate or not properly trained/qualified. 12. Liability and Reservation of Rights. 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 and shall not be construed to waive the defense of governmental immunity held by any Party. 13. 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 and/or any other right in favor of any other person or entity. 14. Compliance with Laws. The Parties, when performing under this Agreement, shall abide by and adhere to the terms and conditions of this Agreement, as well as all applicable federal, state and local laws, rules, regulations and ordinances pertaining to the performance of any obligations under this Agreement, including, but not limited to: the Individuals with Disabilities Improvement Education Act of 2004, 20 USC 1400 et seq.; the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936 ("HIPAA"); the Health Information Technology for Economic and Clinical Health Act (the "HITECH Act"; Title XII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 ("ARRA"); the Michigan Mental Health Code, MCL 330.1001 et seq.; and the Administrative Rules. and Recipient Rights Policies of the MDCH. Additionally, the Parties acknowledge that the services provided herein may require the County to disclose Youth's Protected Health Information ("PHI"), as that term is defined in 45 CFR 160.102, to Oakland Schools. Further, the Parties acknowledge that this Agreement may establish a business associate relationship as such is defined under HIPAA and the HITECH Act. To this end, the County is obligated to protect the unauthorized disclosure of such PHI beyond that which is the minimum necessary to perform services under this Agreement. 15. Confidential Information and Records. a. Except as required to perform its services under this Agreement or as required by law, the Parties agree that no Party, including their respective employees and agents, will, during the Term of this Agreement or at any time subsequent to the expiration or termination of this Agreement, directly or indirectly use or disclose 4 any confidential information of the other Party or a Youth without the written consent of the other Party. b. All records, forms and supplies or any reproduced copies provided and furnished by a Party during the course of this Agreement and/or the rendering of the Services by Oakland Schools shall always remain the property of the disclosing Party and shall be returned to the disclosing Party on demand, or upon termination of this Agreement. c. The Parties agree that they shall comply with all applicable provisions of the Family Educational Rights and Privacy Act, 20 USC 1232g ("FERPA") and Michigan's Freedom of Information Act, 442 of 1976, MCL 15.231 et seq. 16. Dispute Resolution. Except for the pursuit of injunctive relief or as otherwise required by law, any claim, dispute, difference or disagreement (a "Dispute") arising under or relating to this Agreement between the Parties shall be settled in accordance with the following: a. Any Dispute must be initiated by a Party though a written notice, describing the Dispute in detail, to the other Party(ies) within a reasonable time after the occurrence of events giving rise to the Dispute or within a reasonable time after the claimant first recognizes the condition(s) giving rise to the Dispute, whichever is later, and a Dispute does not arise until such written notice is given; b. After the aforementioned notice has been properly given and received by the Party, the Parties to the Dispute shall meet in attempt to amicably resolve the Dispute in good faith within twenty (20). calendar days through authorized representatives of each Party involved; c. If the early resolution meeting of the Parties fails to resolve the Dispute, or one party is not satisfied with the resolution of the Dispute, then the Party may pursue any remedy available in law or equity. 17. Miscellaneous. a. Notices. All notices, consents, approvals, requests and other communications, herein collectively called "Notices," required or permitted under this Agreement shall be given in writing, signed by an authorized representative of Oakland Schools or the County or the School District and mailed by certified or registered mail, return receipt requested, personally delivered, sent by overnight courier or sent by facsimile or electronic mail transmission to the other party as follows: Oakland Schools: With a Copy to: Oakland Schools Attn: Superintendent 2111 Pontiac Lake Road Waterford, Michigan 48328 Tel: (248) 209-2000 Fax: (248) 209-2206 Oakland Schools Attn: Executive Director of Legal Affairs 2111 Pontiac Lake Road 5 Waterford, Michigan 48328 Tel: (248) 209-2062 Fax: (248) 209-2018 County: County of Oakland Attn: Joanna J. Overall, Manager 1200 N. Telegraph Rd. Pontiac, MI 48341 Tel: (248) 858-1164 Fax: (248) 858-5222 Unless otherwise provided for in this Agreement, all such notices, certificates or other communications shall be deemed served upon the date of personal delivery, the day after delivery to a recognized overnight courier, the date of the transmission by facsimile or other electronic means is verified or two days after mailing by registered or certified mail. Any party may be notice given under this Agreement designate any further or different addresses or recipients to which subsequent notices, certificates or communications hereunder shall be sent. b. Entire Agreement. This Agreement sets forth all the covenants, agreements, stipulations, promises, conditions and understandings between Parties. Neither Oakland Schools, nor its respective• Board members, employees, attorneys, consultants, advisors, agents, representatives or students, have made any covenant, agreement, stipulation, promise, condition or understanding, warranty or representation, either oral or written, other than set forth herein. c. Amendment. This Agreement shall not be modified, altered or amended except by written agreement duly executed by all Parties. d. Invalidity of Particular Provision. The invalidity of any article, section, subsection, clause or provision of this Agreement shall not affect the validity of the remaining sections, subsections, clauses or provisions hereof which remain valid and be enforced to the fullest extent permitted by law. e. Captions. The captions in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, enlarge or describe the scope or intent of this Agreement nor in any way shall affect this Agreement or the construction of any provision hereof. 6 f. Waivers. A Party may not waive any default, condition, promise, obligation or requirement applicable to the other Party hereunder, unless such waiver is in writing signed by an authorized representative of such Party and expressly stated to constitute such waiver. Such waiver shall only apply to the extent given and shall not be deemed or construed to waive any such or other default, condition, promise, obligation or requirement in any past or future instance. No failure by a Party to insist upon strict performance of any covenant, agreement, term, or condition of this agreement, term, Or condition of this Agreement or to the exercise any right or remedy in the event of default, shall constitute a waiver of any such default of such covenant, agreement, term or condition. g. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Michigan. The Parties agree, consent and submit to the personal jurisdiction of any competent court of jurisdiction in Oakland County, Michigan, for any action brought against it arising out of this Agreement, in any courts other than those in the County of Oakland, State of Michigan. h. Successors and Assigns. No Party may assign this Agreement without the written consent of the other Parties. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all such counterparts shall together constitute one and the same instrument. Effective Date. The Effective Date of this Agreement is the date the last party executes this Agreement. k. Government Function. The work performed by the Parties pursuant to this Agreement are governmental functions. It is the intention of the parties hereto that this Agreement shall not be construed to waive the defense of governmental immunity held by either Party. 1. Authorized Signatory. The Parties represent that the individual executing this Agreement is duly authorized by, and has the authority to execute this Agreement and bind, the respective Party. [Signature on following page] 7 WHEREAS, Oakland Schools, the County and the School District, by and through their duly authorized representatives, have executed this Agreement as of the Effective Date. OAKLAND SCHOOLS By: COUNTY OF OAKLAND By: Its: Date: Superintendent Its: Date: 8 Attachment A Scope of Services 1, Oakland Schools will provide Educational Planning services to each Youth and their family identified by Oakland County Children's Village (OCCV) as a component of the OCCV Reentry process. 2. Oakland Schools will assign a Team Leader to oversee the collaborative undertaking between OCCV, Oakland Schools and School District and an Educational Planner to provide the Educational Planning services. 3. The Educational Planning services shall include an initial meeting with the OCCV collaborative case planning team to plan for the Youth's transition home 30-45 days prior to the Youth's release from OCCV. 4. The Educational Planner will notify the School District of the Youth's impending return or placement and work collaboratively with the School District representatives and the Youth's family to determine the least restrictive academic placement. 5. The Educational Planner will meet with the Youth's family in the community for the purpose of developing the Educational Plan which shall include establishing the Youth's Educational Planning Team and identifying appropriate services to support the needs of the Youth and position the Youth for success in the home environment. 6. Oakland Schools will provide progress reports including an initial 30-day report followed by quarterly written reports to the OCCV and the School. 7. Oakland Schools will conduct a review of the Educational Plan every three months with the Youth, the Youth's family and the Educational Planning Team. 8. Oakland Schools will notify OCCV and the School District of the termination of Educational Planning services once it is determined by Oakland Schools the student is stable in school and able to function without the intensive support of the Educational Planning Team. 9 Attachment B Fees Position Salary Benefits Mileage Total 1.0 FTE Educational Planner $42,000 $32,615 $2,515 $77,130 .20 Team Leader $6,750 $3,227 $225 $10,202 Totals $48,750 $35,842 $2,740 $87,332 10 FISCAL NOTE (MISC. #18256) July 19, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION — INTERLOCAL AGREEMENT WITH OAKLAND SCHOOLS FOR THE PROVISION OF EDUCATIONAL PLANNING SERVICES 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 Interlocal Agreement between Oakland County and Oakland Schools to provide educational transition services for youth returning to the community from Oakland County Children's Village treatment program. 2, Pursuant to the agreement, Oakland Schools will assign one (1) Full Time Educational Planner to provide the Educational Planning Services and one (1) Part Time Team Leader to oversee the collaborative undertaking, 3. Oakland Schools will be reimbursed, on a quarterly basis, an annual not-to-exceed amount of $87,332 for the costs for personnel to carry out the services. 4. The Agreement period is from July 1, 2018 through June 30, 2019. 5. No budget amendment is required at this time. Commissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Crawford and Quarles absent. Lisa Brown, Oakland County Resolution #18256 July 19, 2018 Moved by Hoffman supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted), AYES: Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Long, McGillivray, Middleton, Quarles, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman, Dwyer. (18) 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). I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE 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 July 19, 2018, 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 19th day of July, 2018. t1/2)