HomeMy WebLinkAboutResolutions - 2018.12.06 - 30935MISCELLANEOUS RESOLUTION #18438 December 6,2018
BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee
IN RE: SHERIFF'S OFFICE — OAKLAND COMMUNITY HEALTH NETWORK (OCHN)
REIMBURSEMENT FOR JAIL ALLIANCE WITH SUPPORT (JAWS) PROGRAM AND INMATE
CASEWORKER POSITIONS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Sheriff's Office is submitting an interlocal agreement between Oakland
County, the Oakland County Sheriff's Office and the Oakland Community Health Network (OCHN) which
provides that the OCHN will continue reimbursement funding for the Jail Alliance with Support (JAWS)
program and mental health services to inmates having serious and persistent mental illnesses for the
period October 1, 2018 through September 30, 2019; and
WHEREAS last year, OCHN provided funding to the Oakland County's Sheriff's Office under a letter of
agreement and interlocal agreement approved by Miscellaneous Resolution #17288; and
WHEREAS Jail Alliance with Support (JAWS) is a jail diversion program that offers the following services
to inmates with mental health needs: treatment readiness curriculum, coordination with the courts for a
community reintegration plan and diversion from jail and 30 days of follow-up services; and
WHEREAS the OCHN has agreed to reimburse the County in an amount not to exceed $60,042 for the
cost of two (2) part-time non-eligible (PTNE) Inmate Caseworker positions #11611 and #11612 who work
on the JAWS program; and
WHEREAS °CNN will also provide partial funding in the amount of $71,796 for one (1) full-time eligible
(FTE) Inmate Caseworker position #06577 in the Sheriff's Office in order to offer mental health services to
inmates having serious and persistent mental illnesses; and
WHEREAS this agreement has completed the Grant Review Process in accordance with the Board of
Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
interlocal agreement and accepts reimbursement funding up to $131,838 from the Oakland Community
Health Network for the time period October 1, 2018 through September 30, 2019.
BE IT FURTHER RESOLVED to continue two (2) GF/GP part-time non-eligible 1,000 hours per year
Inmate Caseworker positions (#11611 and #11612) in the Inmate Program Services Unit.
BE IT FURTHER RESOLVED to continue one (1) GF/GP full-time Inmate Caseworker position (#06577)
which is partially funded by OCHN.
BE IT FURTHER RESOLVED acceptance of this interlocal agreement does not obligate the County to
any future commitment and continuation of the positions in the program are contingent upon continued
future levels of program funding.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoOg resolution.
Commissiolie-ettlag*r, District #4146.7 viitx Chairperson, Public Services Committee
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with Berman and Tietz absent.
ADR REVIEW SIGN OFF — Sheriff's Office
RESOLUTION TITLE: SHERIFF'S OFFICE - OAKLAND COMMUNITY HEALTH NETWORK (OCHN)
REIMBURSEMENT FOR JAIL ALLIANCE WITH SUPORT (JAWS) PROGRAM AND
INMATE CASEWORKER POSITIONS
DEPARTMENT CONTACT PERSON: Lt. Melissa McClellan/8-5419
DATE: 10/31/2018
DEPARTMENT REVIEW
Department of Human Resources:
Approved (No Committee) — Heather Mason (10/17/2018)
Corporation Counsel:
Approved — Mary Ann Jerge (10/17/2018)
Department of Management and Budget:
Approved — Lynn Sonkiss (10/29/2018)
DocuSign Envelope ID: 313896BB8-C3CD-4DCC-85BF-3BDO6C1377D5C
2018-2019
INTERLOCAL AGREEMENT FOR Inmate Caseworkers AT OAKLAND COUNTY JAIL
BETWEEN
COUNTY OF OAKLAND, THE OAKLAND COUNTY SHERIFF
AND
OAKLAND COMMUNITY HEALTH NETWORK
2019-0103-INTLOC
The COUNTY OF OAKLAND ("County"), a Michigan municipal corporation, whose address is
1200 North Telegraph Rd., Pontiac, Michigan 48341, the OAKLAND COUNTY SHERIFF
("Sheriff'), a Michigan constitutional officer, whose address is 1200 North Telegraph Rd., Pontiac,
Michigan 48341, Bldg. #38 East, and the OAKLAND COMMUNITY HEALTH NETWORK
("OCHN"), a Michigan public governmental entity, created pursuant to the Michigan Mental
Health Code, 1974 PA 258, whose address is 5505 Corporate Drive, Troy, MI 48098, enter into
this Agreement. As used in this Agreement, the County, Sheriff, and OCHN are sometimes
individually referred to as a party and collectively as "Parties".
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree as follows:
1. PURPOSE. The purpose of this Agreement is for OCHN to provide funding for three (3)
positions; one (1) full time Inmate Caseworker and two (2) part time Inmate Caseworkers at
the Oakland County Jail (OCJ). The full time Inmate Caseworker provides services to all
inmates, regardless of mental health issues. The two part time Inmate Caseworkers provide
services to individuals in the Jail Alliance with Supports (JAWS) program.
2. DEFINITIONS. In addition to County, Sheriff, OCHN, Party and Parties, which are defined
above, the following words and expressions, whether used in the singular or plural, within or
without quotation marks, or possessive or non-possessive, shall be defined and interpreted as
follows:
2.1. Agreement Documents means the following documents, which this Contract includes
and incorporates:
2.1.1. Exhibit I: Funding for Inmate Caseworker Positions
2.1.2. Exhibit II: Business Associate Agreement
2.2. Claim 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 a Party or for which a Party 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,
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mediation, facilitation, arbitration fees, witness fees, court costs, investigation
expenses, litigation expenses, or amounts paid in settlement.
2.3. Concurrent Board Vember means any Oakland County Commissioner who is also
serving as a member of the OCHN Board.
2.4. County Agent shall be defined as any elected officials, appointed officials, directors,
board members, council members, commissioners, authorities, other boards,
committees, commissions, employees, third-party contractors, depat tinents, divisions,
volunteers, representatives, "Concurrent Board Member", or any such persons'
successors (whether such persons act or acted in their personal representative or official
capacities). County Agent 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, elected, or otherwise serving as a County Agent.
2.5. Jail Alliance with Sunnorts (JAWS) is a jail based protocol made possible by receipt
of finding by OCHN. This protocol is a collaboration between the County, Sheriff,
OCHN and °CHM s contracted provider network. JAWS seeks to divert offenders with
mental health needs from custody to more appropriate community-based resources.
2.6. OCHN Agent means any OCHN employee, officer, director, member, manager,
depai fluent, division, trustee, volunteer, attorney, licensee, contractor, subcontractor,
vendor, subsidiary, joint venturer, partner or agent of OCHN, and any persons acting
by, through, under, or in concert with any of the above, whether acting in their personal,
representative or official capacities. OCHN Agent shall also include any person who
was an OCHN Agent at any time during the term of this Agreement but, for any reason,
is no longer acting in that capacity. Notwithstanding the above definition, OCHN Agent
shall NOT include the County or any Concurrent Board Member.
2.7. Oakland County means the County and the Sheriff
2.8. Jaii means the Oakland County Jail (00), located at 1201 N. Telegraph Road, Bldg.
#10 East, Pontiac, MT 48341.
3. FINANCIAL RESPONSIBILITIES. Each Party shall bear its own expenses and costs to
their respective obligations under this Agreement. There is no joint budgeting or funding under
this Agreement.
4 A15.51.ii:
4.1. Except as otherwise provided in this Agreement, each Party shall be responsible for
its own acts and the acts of its employees, agents, and subcontractors, the costs
associated with those acts, and the defense of those acts. In no event and under no
circumstances in connection with or as a result of this Agreement shall OCSO be
liable to OCHN, any OCHN Agent, 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 from Services
under this Agreement.
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4.2. 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 judgments and attorney fees.
4.3. Except as otherwise provided for in this Agreement, neither Party shall have any right
under this Agreement or under any other legal principle to be indemnified or
reimbursed by the other Party or any of its agents in connection with any Claim.
4.4. This Agreement does not, and is not intended to, impair, divest, delegate or
contravene any constitutional, statutory, or other legal right, privilege, power,
obligation, duty or immunity of the Parties.
4.5. 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 contained herein.
4.6. Each Party shall comply with all applicable laws, statutes, regulations, ordinances,
and professional standards including but not limited to 42 CFR Part 2.
5. MILBAISU. At all times during this Agreement, County of Oakland shall obtain and
maintain general liability, professional liability and workers' compensation insurance.
6. NO IMPLIED WAIXER. Except as otherwise expressly provided for in this Agreement:
6.1. 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.
6.2. 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.
6.3. No waiver by either Party shall subsequently affect its right to require strict
performance of this Agreement.
7. RECORDS. The Parties will maintain accurate books and records in connection with
performance of this Agreement in accordance with state and local record keeping requirements
under law and shall provide each other with reasonable access to such books and records upon
request.
8. TERM AND RENEWAL.
8.1 Term. This Agreement shall begin on 12:00:00 A.M., October 1, 2018, and shall
remain in effect until it expires without any further act or notice, at 11:59:59 P.M. on
September 30, 2019.
82 Renewal. The Parties are under no obligation to renew or extend this Agreement. This
Agreement may only be renewed or extended by written amendment.
8.3 Legal Effect. This Agreement shall not become effective before all of the following
occur: (a) the Agreement is signed by all Parties, (b) the Agreement is approved by the
County's and the OCHN' s governing bodies, the approval and terms of the Agreement
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shall be entered in the official minutes of each of the governing bodies and shall also
be filed with the office of the Clerk of the County, (c) all certificates of insurance
required by this Agreement are submitted and accepted by the County, (d) the
Agreement is filed with the Michigan Secretary of State.
AMENDMENTS. All amendments to this Agreement must be in writing and shall not become
effective unless the amendment is signed, approved, filed, and accepted as set forth in
Paragraph 8.3 (Legal Effect). No other act, verbal representation, document, or custom shall
amend this Agreement in any manner.
10. TERMINATION. Any Party may terminate or cancel this Agreement upon thirty (30)
calendar days written notice to the other Parties without incurring obligation or penalty of any
kind. The effective date of termination or cancellation shall be clearly stated in the notice.
Termination or cancellation of this Agreement does not release any Party from any obligations
that Party has pursuant to any law.
11. SUSPENSION. Upon written notice, any Party may suspend performance of this Agreement
if a Party has failed to comply with any law or any requirement contained in this Agreement,
as determined by the suspending Party. The right to suspend performance is in addition to the
right to terminate or cancel this Agreement. A Party shall incur no penalty, expense, or liability
if it suspends performance under this Section
12. INDEPENDENT CONTRACTOR. The legal status and relationship of the Parties 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 term 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. PJELLV_Ull LaLSMLIU,CLASELBT
13.1. Written Consent Required. Except contemplated by this Agreement, neither Party
shall delegate, subcontract, or assign any obligations or rights under this Agreement
without the prior written consent of the other Party.
13.2. Responsibility for Assigns/Delegates/Subcontractors. If a Party assigns, delegates,
or subcontracts this Agreement, in whole or in part, that Party shall remain liable for
performance of this Agreement and is solely responsible for the management of
assigns, delegates, and subcontractors.
13.3. plow Down Clause Required. Any assignment, delegation or subcontract must
include a requirement that the assigns, delegates, or subcontractor will comply with
the terms and conditions of this Agreement. The assignment, delegation or
subcontract shall in no way diminish or impair performance of any term or condition
of this Agreement.
13.4. Indemnification and Insurance Required. Any assignment, delegation, or
subcontract must include a requirement that the contractor or subcontractor fully
defend and indemnify the County and County Agents for any acts of the assigns',
delegates', or subcontractor's related to their performance under this Agreement.
OCHN shall require its contractors and subcontractors, not protected under OCHN's
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insurance policies, to procure and maintain insurance with coverages, limits,
provisions, and/or clauses equal to those required in this Agreement.
14. 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 be indemnified, right to be subrogated to the Parties' right
in this Agreement, or any other right in favor of any other person or entity.
15. 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 their reasonable control, including but not limited to: (a) acts of public
enemies; (b) natural disasters; (c) terrorism; (d) war; (e) insurrection or riot; or (f) natural
disasters. Reasonable notice shall be given to the affected Party of such event. The Parties are
expected, through insurance or alternative temporary or emergency service arrangements, to
continue their contractual duties or obligations if a reasonably anticipated, insurable business
risk, such as business interruption or any insurable casualty or loss occurs.
16. Jal Rac_VIOALDN'I . 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 state of federal law.
17. ay:MA HEI_11. 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.
18. CAPTIONS. 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 non-
possessive use in this Agreement shall be deemed the appropriate plurality, gender or
possession as the context requires.
19. NOTICE. 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 persons 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.
19.1. Notice to the County shall be addressed and sent to: Oakland County Corporation
Counsel, Building 14E, 1200 North Telegraph, Pontiac, Michigan 48341.
19.2. Notice to the Sheriff shall be addressed and sent to: Oakland County Sheriff, 1200
North Telegraph, Building 38 East, Pontiac, Michigan 48341.
19.3. Notice to the OCHN shall be addressed and sent to: Oakland Community Health
Network, Administrator of Access & Acute Care, 5505 Corporate Drive, Troy, MI
48098.
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19.4. A Party may change the address or individual to which notice is sent by notifying the
other Parties in writing of the change.
J. GOVERNING LAWSONSENT TO JURISDICTION AND VENUE. This Agreement
shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as
otherwise required by law or court rule, any action brought to enforce, interpret, or decide
any Claim 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 appropriatejurisdiction.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the Parties
along with the Agreement Documents. In entering into this Agreement, each Party
acknowledges that it has not relied upon any prior or contemporaneous agreement,
representation, warranty, or other statement by the other Parties 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.
Signature Page Follows
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e----IlocuSigned by:
Krada... kJ BY:I
64318,56.7.3.142.7.40- DATE: 10/11/2018
DocuSign Envelope ID: 3B896BB8-C3CD-4DCC-85BF-3BDO6C877D5C
OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY:
Kathleen Kovach,
Deputy Executive Director
r_DocuSigned by:
Anya Eliassen
Chief Financial Officer
THE COUNTY OF OAKLAND
BY:
BY:
hurt ftickSSUA, 10/11/2018 DATE:
9
DATE:
Chairperson, Oakland County Board of Commissioners
OAKLAND COUNTY SHERIFF
BY: DATE:
Oakland Community Health Network
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Exhibit I
FUNDING FOR INMATE CASEWORKER POSITIONS
1) OCHN shall fund the County in an NOT TO EXCEED (NTE) amount for the following:
* $71,796 for the cost of one (1) full-time eligible Inmate Caseworker, which excludes
fringe benefits. The County of Oakland shall be responsible for fringe benefit costs.
• $60,042 ($30,021 each) for the cost of two (2) part-time non-eligible Inmate
Caseworkers. There are no fringe benefits for both positions.
2) The County will be compensated in the amount of $131,838 after October 1, 2018. To
ensure timely payment, the County shall invoice OCHN for the full amount and direct the
invoice to the attention of OCHN' s Chief Financial Officer. Prior to the close of FY19, the
County will provide a cost settlement breakdown of the funding to OCI-IN' s Chief
Financial Officer twenty (20) days after the end of the fiscal year. Cost settlement of this
agreement will be based upon a comparison of the actual allowable expense for the Inmate
Caseworker position and the amount paid by OC1-EN to the County. Any unspent funds will
be returned by the County to OCHN within 30 days of the final settlement letter.
3) The fall-time Inmate Caseworker shall follow the County job description for Inmate
Caseworker as attached.
4) The part-time Inmate Caseworker shall be assigned duties related to the JAWS program.
Duties shall include:
a. Entry into JAWS
i. JAWS candidates are misdemeanant and non-assaultive felony inmates
who have mental health needs. Candidates can be pre-trial status or
sentenced to jail time.
ii. Candidates are identified from a number of sources including:
caseworkers, deputies, inmate self-referral and community agencies.
iii. Participants have received a mental health assessment, psychiatric services
and medication.
iv. Screening interviews are conducted to determine the inmate's motivation
and appropriateness for placement. An agreement is signed by the
candidate and they are then placed on a list to start the orientation group.
b. JAWS Treatment Readiness
i. A one-week orientation group introduces the individual to what J.A.W.S.
offers and measures the candidate's motivation.
ii. Following orientation, participants begin the three-week treatment
readiness curriculum. The curriculum focuses on addiction issues,
managing dual-diagnosis challenges and life skills. The curriculum also
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utilizes the Moral Recognition Therapy Workbook titled, "How to Escape
Your Prison".
iii. Participants attend a variety of groups; receive one-on-one casework
services and regular psychiatric reviews/support.
c. Discharge Planning and Jail Diversion
i. After acceptance into J.A.W.S., the participant meets with a caseworker
to begin the discharge planning process.
ii. Through established partnerships with community agencies, referrals are
made to agencies which can include substance abuse, mental health and
housing services, with input from the participant.
iii. Once the discharge plan process is completed, a letter is sent to the court
requesting consideration for Jail Diversion.
iv. Jail Diversion is defined as: a sentence amended by a judge to an
individual who is then released from jail, back into the community to
continue treatment. The decision for Jail Diversion is always contingent
upon approval by the Judge(s).
v. The individual is given a prescription for medications and discharge
instructions on where to access outpatient services.
d. Tracking
Once a participant is released from jail, follow-up tracking is conducted for
30 days. The purpose of tracking is to offer continued supportive services
to participants and gather outcome data. Information being tracked includes
attendance and compliance with treatment referrals specified in the
discharge plan. Medication compliance and drug/alcohol use are also
monitored. For those granted a Jail Diversion, the courts are notified if the
participant in non-compliant with the discharge plan.
5) The OCSO will provide the following data to OCHN on a quarterly basis:
a. Number of inmates screened for JAWS placement
b. Number of Inmates who started the JAWS program (male and female)
c. Number of Inmates removed from JAWS prior to completing the in jail program
d. Post book jail diversions granted to JAWS program graduates
e. JAWS graduates who were opened with a Core Provider Agency post jail release
f. Number of active individuals in the JAWS program
g. Jail bed days saved by court approved post book jail diversion to JAWS graduates
h. JAWS graduates who rebooked into OCJ within one year
The OCSO will provide the following data to OCHN at years end:
i. Non-JAWS related diversion for individuals with mental health needs
j. Jail bed days saved by court approved post book diversion to Non-JAWS
graduates
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OAKLAND COUNTY MICHIGAN
Class Title: INMATE CASEWORKER
Department: Sheriff/ Corrective Services - Detention & Satellite Facilities
Reports To: Inmate Caseworker Supervisor and/or Chief - Corrections Program Services
A. DESCRIPTION
GENERAL SUMMARY
Under direction, conducts evaluation interviews with jail inmates to assess their needs and problems and
make referrals to various inmate services programs and to a consulting psychiatrist when necessary.
Determines cell placement for suicidal inmates. Provides mental health services which include crisis
intervention, suicide prevention, substance abuse counseling, group and individual counseling and pre and
post-release referrals to human service agencies. May be assigned an afternoon or evening shift. Remains
on call for weekend emergencies on a rotating schedule with other Inmate Caseworkers. Utilizes current
county-wide and/or department specific software to complete assignments.
SUPERVISION EXERCISED
Functions as a leader over part-time student interns. Instructs, assigns, checks work and appraises
performance.
TYPICAL RESPONSIBILITIES
Conducts interviews to assess mental and physical health of inmates in order to determine a
program/treatment plan and cell placement if appropriate. Refers inmates to consulting psychiatrist or other
jail services such as chaplain, jail clinic, substance abuse, support groups, etc.
Provides crisis intervention on an emergency basis as referred by the jail staff, inmate, inmate's family or
others.
Identifies suicidal inmates and determines cell placement and level of suicide watch.
Performs a variety of inmate assessments, which include suicide watch and behavioral reviews,
disciplinary/administrative segregation cell placement, Addiction Severity Index (AS I) and evaluations to
determine if the inmate is stable for Boot Camp.
Provides individual and group counseling, including cell counseling, relative to situational, interpersonal
and mental health problems.
Monitors inmates presenting unusual behavioral or health issues and ensures that inmate receives appropriate
care.
Maintains documentation, including a monthly report of all client and related contacts.
Contacts inmate's family and other parties in order to gather additional information and to offer assistance
in the form of family counseling and/or referral to community services.
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Class Title: Inmate Caseworker
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Confers with corrections staff and probation staff regarding issues of a particular case and/or provides
specific recommendations.
Consults with health professionals and/or psychiatrist relative to case progress, current treatment and future
treatment for inmates on caseload.
Remains available for crisis intervention counseling in response to inmate emergencies, which may occur
beyond normal office hours and/or during weekends on a rotating schedule with the other Inmate
Caseworkers.
Coordinates forensic evaluations and hospitalization of inmates. Ensures inmate's appointment and timely
documentation with the court, and facilitates transportation arrangements when needed.
Conducts prerelease group counseling with inmates to prepare them for release and make referrals to
community agencies as needed.
Arranges and monitors ongoing pre-release and arranges post-release human services for inmates such as
mental health counseling, employment, education, housing, etc. when appropriate.
May participate in the implementation of new departmental programming.
Utilizes current county-wide and/or department specific software to complete assignments.
Oakland Co mmunity Health Network
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Class Title: Inmate Caseworker
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APPROVED BY:
DATE: .07/16/07
IMPORTANT NOTE: The primary purpose of this job description is to set a fair and equitable salary range
for this job classification. Generally, only those key duties necessary for proper job evaluation and/or labor
market analysis have been included. Other duties and responsibilities will be assigned by the supervisor.
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OAKLAND COUNTY MICHIGAN
Class Title: INMATE CASEWORKER
Department: Sheriff/ Corrective Services - Detention & Satellite Facilities
Reports To: Inmate Caseworker Supervisor and/or Chief- Corrections Program Services
A. QUALIFICATIONS
EXPERIENCE. TRAINING. KNOWLEDGES. SKILLS & ABILITIES
A. REQUIRED Nimmium QUALIFICATIONS
1. Have a Bachelor's Degree from an accredited college or university with a major in
Psychology, Sociology, Social Work, Crim inal Justice or closely related field.
2. Have had two (2) years of fulltime work experience providing counseling in a mental
health, substance abuse, educational or correctional setting.
NOTE: A Master's degree in one of the academic fields listed above may be substituted for one
year of experience.
3. Have not been convicted of a violation of criminal law. (Criminal law generally includes
all offenses except traffic law, conservation law and liquor law. Generally, conviction for
a violation of criminal law is automatically disqualifying.)
4. Possess a valid motor vehicle operator's or chauffeur's license.
5. Pass the complete examination, including the employment medical established for this
classification.
6. Successfully complete the six-month probationary period.
B. ADDITIONAL DESIRABLE OUALIFICATIONS
1. Considerable familiarity with correctional institutions and the criminal justice system.
2. Considerable experience and skill in interviewing and counseling practices, procedures
and techniques.
3. Reasonable knowledge of correction practices, procedures and resources, including
casework, group work and community organization methods.
4. Reasonable ability to prepare and present clinical written and oral reports.
5. Reasonable ability to work with and gain the cooperation of criminal offenders.
Class Title: Inmate Caseworker
Oakland Community Health Network
Contract Numbe r 2018-019 6-TNTLOC
Page 13 ot.21
DocuSign Envelope ID: 313896BB8-C3CD-4DCC-85BF-3BD06C877D5C
Page B2
6. Reasonable ability to communicate under adverse conditions with distressed people.
7. Reasonable ability to develop and maintain effective relationships with people.
8. Reasonable ability to cope with difficult situations requiring immediate decisions in
accordance with departmental policies and objectives.
Reasonable ability to formulate plans of social and economic rehabilitation for individual
cases.
10. Reasonable ability to utilize current word processing, spreadsheet, database, e-mail and
Internet software.
SPECIAL REQUIREMENTS
Must maintain a valid motor vehicle operator's or chauffeur's license.
A field investigation will be conducted covering an evaluation of employment, school, home, credit,
criminal, military or other personal records. Any conviction or convictions for moving traffic violations,
accidents, non-moving traffic violations, or violations of other laws will be reviewed by the Sheriff
Department before an applicant can be appointed. Information obtained during the background
investigation will be considered in the hiring decision.
APPROVED BY: C1/r
DATE: 07/16/07
Oakland Community Health Network
Contract Number 2019-0103-1NTLOC
Page 14 of 21
Dom.'Sign Envelope ID: 31313968138-C3CD-4DCC-85BF-3BDO6C877D5C
EXHIBIT II
BUSINESS ASSOCIATE AGREEMENT
(Health Insurance Portability and Accountability Act Requirements)
Exhibit II is a Business Associate Agreement between Contractor ("Business Associate") and the
County ("Covered Entity"). This Exhibit is incorporated into the Contract and shall be hereinafter
referred to as "Agreement." The purpose of this Agreement is to facilitate compliance with the
Privacy and Security Rules and to facilitate compliance with HIPAA and the HITECH
Amendment to HIPAA.
1. DLEllsaMs, The following terms have the meanings set forth below for purposes of
the Agreement, unless the context clearly indicates another meaning. Terms used but not
otherwise defined in this Agreement have the same meaning as those terms in the Privacy
Rule.
1.1 illuliauthiumilatl. "Business Associate" means the Contractor.
1.2 mt. "CFR" means the Code of Federal Regulations.
1.3 Contract, "Contract" means the document with the Purchasing Contract Number:
1.4 Contractor. "Contractor" means the entity or individual defined in the Contract and
listed on the first page of this Contract.
1.5 Covered Entity. "Covered Entity" means the County of Oakland as defined in the
Contract.
1.6 Designated Record Sq. "Designated Record Set" is defined in 45 CFR 164.501.
1.7 FactuniukaLliggwal. "Electronic Health Record" means an electronic record of
health-related information on an individual that is created, gathered, managed, and
consulted by authorized health care clinicians and staff.
1.8 litrA2±,,. "HIPAA" means the Health Insurance Portability and Accountability Act of
1996.
1.9 BITF(CH Amendment. "HITECH Amendment" means the changes to HIPAA made by
the Health Information Technology for Economic and Clinical Health Act.
1.10 Individuat. "Individual" is defined in 45 CFR 160.103 and includes a person who
qualifies as a personal representative in 45 CFR 164.502(g).
Lit Privacy %Eq. "Privacy Rule" means the privacy rule of HIPAA as set forth in the
Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160
and part 164, subparts A and E.
Oakland Community Health Network
Contract Number 2019-0103-1NTLOC
Page 15 of 21
DonuSign Envelope ID: 31389613138-C3CD-4DCC-85BF-3BD06C877D5C
1.12 Protected Health Information. "Protected Health Information" or "PHI" is defined in
45 CFR 160.103, limited to the information created or received by Business Associate
from or on behalf of Covered Entity.
1.13ligaujudiy_3 Li,a 1. "Required By Law" is defined in 45 CFR 164.103.
1.14 Secretary. "Secretary" means the Secretary of the Depaitiiient of Health and Human
Services or his or her designee.
1.15 Security Incident. "Security Incident" is defined in 45 CFR 164.304.
1.16 Security Rule. "Security Rule" means the security standards and implementation
specifications at 45 CFR part 160 and part 164, subpart C.
2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE. Business
Associate agrees to perform the obligations and activities described in this Section.
2.1 Business Associate understands that pursuant to the HITECH Amendment, it is subject to
the HIPAA Privacy and Security Rules in a similar manner as the rules apply to Covered
Entity. As a result, Business Associate shall take all actions necessary to comply with the
HIPAA Privacy and Security Rules for business associates as revised by the HITECH
Amendment, including, but not limited to, the following: (a) Business Associate shall
appoint a HIPAA privacy officer and a HIPAA security officer; (b) Business Associate
shall establish policies and procedures to ensure compliance with the Privacy and Security
Rules; (c) Business Associate shall train its workforce regarding the Privacy and Security
Rules; (d) Business Associate shall enter into a privacy/security agreement with Covered
Entity; (e) Business Associate shall enter into privacy/security agreements with its
subcontractors that perform functions relating to Covered Entity involving PHI; and
(f) Business Associate shall conduct a security risk analysis.
2.2 Business Associate shall not to use or disclose PHI other than as permitted or required by
this Agreement or as required by law.
2.3 Business Associate shall use appropriate safeguards to prevent use or disclosure of the
PHI. Business Associate shall implement administrative, physical, and technical
safeguards (including written policies and procedures) that reasonably and appropriately
protect the confidentiality, integrity, and availability of PHI that it creates, receives,
maintains, or transmits on behalf of Covered Entity as required by the Security Rule.
2.4 Business Associate shall mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of PHI by Business Associate in
violation of law or this Agreement.
2.5 Business Associate shall report to Covered Entity any known Security Incident or any
known use or disclosure of PHI not permitted by this Agreement.
Oakland Community Health Network
Contract Number 2019-0103-1NTLOC
Page 16 of 21
DocuSign Envelope ID: 36896BBI3-C3CD-4DCC-858F-3BD06C877D5C
2.6 Effective September 23, 2009 or the date this Agreement is signed, if later, Business
Associate shall do the following in connection with the breach notification requirements
of the HITECH Amendment:
2.6.1 If Business Associate discovers a breach of unsecured PHI, as those terms are defined by
45 CFR 164.402, Business Associate shall notify Covered Entity without unreasonable
delay but no later than ten (10) calendar days after discovery. For this purpose, "discovery"
means the first day on which the breach is known to Business Associate or should have
been known by exercising reasonable diligence. Business Associate shall be deemed to
have knowledge of a breach if the breach is known or should have been known by
exercising reasonable diligence, to any person, other than the person committing the
breach, who is an employee, officer, subcontractor, or other agent of Business Associate.
The notification to Covered Entity shall include the following: (a) identification of each
individual whose unsecured PHI has been breached or has reasonably believed to have
been breached and (b) any other available infoimation in Business Associate's possession
that the Covered Entity is required to include in the individual notice contemplated by 45
CFR 164.404.
2.6.2 Notwithstanding the immediate preceding subsection, Business Associate shall assume the
individual notice obligation specified in 45 CFR 164.404 on behalf of Covered Entity
where a breach of unsecured PHI was committed by Business Associate or its employee,
officer, subcontractor, or other agent of Business Associate or is within the unique
knowledge of Business Associate as opposed to Covered Entity. In such case, Business
Associate shall prepare the notice and shall provide it to Covered Entity for review and
approval at least five (5) calendar days before it is required to be sent to the affected
individual(s). Covered Entity shall promptly review the notice and shall not unreasonably
withhold its approval.
2.6.3 Where a breach of unsecured PHI involves more than five hundred (500) individuals and
was committed by the Business Associate or its employee, officer, subcontractor, or other
agent or is within the unique knowledge of Business Associate as opposed to Covered
Entity, Business Associate shall provide notice to the media pursuant to 45 CFR 164.406.
Business Associate shall prepare the notice and shall provide it to Covered Entity for
review and approval at least five (5) calendar days before it is required to be sent to the
media. Covered Entity shall promptly review the notice and shall not unreasonably
withhold its approval.
2.6.4 Business Associate shall maintain a log of breaches of unsecured PHI with respect to
Covered Entity and shall submit the log to Covered Entity within thirty (30) calendar
days following the end of each calendar year, so that the Covered Entity may report
breaches to the Secretary in accordance with 45 CFR 164.408. This requirement shall
take effect with respect to breaches occurring on or after September 23, 2009.
2.7 Business Associate shall ensure that any agent or subcontractor to whom it provides PHI,
received from Covered Entity or created or received by Business Associate on behalf of
Covered Entity, agrees in writing to the same restrictions and conditions that apply to
Oakland Community Health Network
Contract Number 2019-0103-INTLOC
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DocuSign Envelope ID: 313896BB8-C3CD-4DCC-85BF-3BD06C877D5C
Business Associate with respect to such information. Business Associate shall ensure that
any such agent or subcontractor implements reasonable and appropriate safeguards to
protect Covered Entity' sPHI.
2.8 Business Associate shall provide reasonable access, at the written request of Covered
Entity, to PHI in a Designated Record Set to Covered Entity or, as directed in writing by
Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524.
2.9 Business Associate shall make any amendment(s) to PHI in a Designated Record Set that
the Covered Entity directs in writing or agrees to pursuant to 45 CFR 164.526.
2.10 Following receipt of a written request by Covered Entity, Business Associate shall make
internal practices, books, and records reasonably available to the Secretary in order to
determine Covered Entity's compliance with the Privacy Rule. The afore mentioned
materials include policies and procedures and PHI relating to the use and disclosure of PHI
received from Covered Entity or created or received by Business Associate on behalf of
Covered Entity.
2.11 Business Associate shall document disclosures of PHI and information related to such
disclosures, to permit Covered Entity to respond to a request by an Individual for: (a) an
accounting of disclosures of PHI in accordance with 45 CFR 164.528 or (b) effective
January I, 2011 or such later effective date prescribed by regulations issued by the U.S.
Department of Health and Human Services, an accounting of disclosures PHI from an
Electronic Health Record in accordance with the HITECH Amendment.
2.12 Following receipt of a written request by Covered Entity, Business Associate shall
provide to Covered Entity or an Individual information collected in accordance with
Section 2 to permit Covered Entity to respond to a request by an Individual for: (a) an
accounting of disclosures of PHI in accordance with 45 CFR 164.528 or (b) effective as
of January 1, 2011 or such later effective date prescribed by regulations issued by the
U.S. Department of Health and Human Services, an accounting of disclosures of
Protected Health Information from an Electronic Health Record in accordance with the
HITECH Amendment.
3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE. Business
Associate may use and disclose PFII as set forth in this Section.
3.1 Except as otherwise limited in this Agreement, Business Associate may use or disclose
PHI to perform functions, activities, or services for or on behalf of Covered Entity as
specified in the underlying service agreement between Covered Entity and Business
Associate, provided that such use or disclosure shall not violate the Privacy Rule if done
by Covered Entity or the minimum necessary policies and procedures of the Covered
Entity. If no underlying service agreement exists between Covered Entity and Business
Associate, Business Associate may use or disclose PHI to perform functions, activities,
or services for or on behalf of Covered Entity for the purposes of payment, treatment, or
Oakland Community Health Network
Contract Number 2019-0103-INTLOC
Page 18 of 21
DocuSign Envelope ID: 3B896BB8-C3CD-4DCC-8513F-3BDO6C877135C
health care operations as those terms are defined in the Privacy Rule, provided that such
use or disclosure shall not violate the Privacy Rule if done by Covered Entity or the
minimum necessary policies and procedures of the Covered Entity.
3.2 Except as otherwise limited in this Agreement, Business Associate may use PHI for the
proper management and administration of the Business Associate or to carry out the legal
responsibilities of the Business Associate.
3.3 Except as otherwise limited in this Agreement, Business Associate may disclose PHI for
the proper management and administration of the Business Associate or to carry out the
legal responsibilities of the Business Associate, provided that disclosures are Required by
Law or Business Associate obtains reasonable assurances in writing from the person to
whom the information is disclosed that: (a) the disclosed PHI will remain confidential and
will be used or further disclosed only as Required by Law or for the purpose for which it
was disclosed to the person and (b) the person notifies the Business Associate of any
known instances in which the confidentiality of the information has been breached.
3.4 Except as otherwise limited in this Agreement, Business Associate may use PHI to
provide data aggregation services to Covered Entity as permitted by 45 CFR
164.504(e)(2)(i)(B).
3.5 Business Associate may use PHI to report violations of law to appropriate federal and
state authorities, consistent with 45 CFR 164.502(j)(1).
§4. OBLIGATIONS OF COVERED ENTITY,
4.1 Covered Entity shall notify Business Associate of any limitation(s) of Covered Entity in
its notice of privacy practices in accordance with 45 CFR 164.520, to the extent that such
limitation may affect Business Associate's use or disclosure of PHI.
4.2 Covered Entity shall notify Business Associate of any changes in or revocation of
permission by an Individual to use or disclose PHI, to the extent that such changes may
affect Business Associate's use or disclosure of PHI.
4.3 Covered Entity shall use appropriate safeguards to maintain and ensure the confidentiality,
privacy and security of PHI transmitted to Business Associate pursuant to this Agreement,
the Contract, and the Privacy Rule, until such PHI is received by Business Associate,
pursuant to any specifications set forth in any attachment to the Contract.
4.4 Covered Entity shall manage all users of the services including its qualified access,
password restrictions, inactivity timeouts, downloads, and its ability to download and
otherwise process PHI.
43 The Parties acknowledge that Covered Entity owns and controls its data.
Oakland Community Health Network
Contract Number 2019-0103-INTLOC
Page 19 of 2I
DocuSign Envelope ID: 313896B138-C3CD-413CC-85BF-3BD06C877D5C
4.6 Covered Entity shall provide Business Associate with a copy of its notice of privacy
practices produced in accordance with 45 CFR Section 164.520, as well as any
subsequent changes or limitation(s) to such notice, to the extent such changes or
limitations may effect Business Associate's use or disclosure of PHI. Covered Entity
shall provide Business Associate with any changes in or revocation of
permission to use or disclose PHI, to the extent the changes or revocation may affect
Business Associate's permitted or required uses or disclosures. To the extent that the
changes or revocations may affect Business Associate's permitted use or disclosure of
PHI, Covered Entity shall notify Business Associate of any restriction on the use or
disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR Section
164.522. Covered Entity may effectuate any and all such notices of non-private
information via posting on Covered Entity's web site.
5. EFFECT
5.1 Except as provided in Section 5, upon termination of this Agreement or the Contract, for
any reason, Business Associate shall return or destroy (at Covered Entity's request) all
PHI received from Covered Entity or created or received by Business Associate on behalf
of Covered Entity. This provision shall apply to PHI that is in the possession of
subcontractors or agents of Business Associate. Business Associate shall retain no copies
of PHI.
5.2 If Business Associate determines that returning or destroying the PHI is infeasible,
Business Associate shall provide to Covered Entity written notification of the conditions
that make return or destruction infeasible. Upon receipt of written notification that return
or destruction of PHI is infeasible, Business Associate shall extend the protections of this
Agreement to such PHI and shall limit further uses and disclosures of such PHI to those
purposes that make the return or destruction infeasible, for so long as Business Associate
maintains such PHI, which shall be for a period of at least six (6) years.
6 MIK,ELLANEOUS,
6.1 This Agreement is effective when the Contract is executed or when Business Associate
becomes a Business Associate of Covered Entity and both Parties sign this Agreement, if
later. However, certain provisions have special effective dates, as set forth herein or as set
forth in HIPAA or the HITECH Amendment.
6.2 Regulatory References. A reference in this Agreement to a section in the Privacy Rule
or Security Rule means the section as in effect or as amended.
6.3 Amendment. The Parties agree to take action to amend this Agreement as necessary for
Covered Entity to comply with the Privacy and Security requirements of HIPAA. If the
Business Associate refuses to sign such an amendment, this Agreement shall
automatically terminate.
Oakland Community Health Network
Contract Number 2019-0103 -INTLOC
Page 20 of 21
DocuSign Envelope ID: 3B89613B8-C3CD-4DCC-85BF-3BD06C877D5C
6.4 Survival. The respective rights and obligations of Business Associate and Covered Entity
under this Agreement shall survive the termination of this Agreement and/or the Contract.
Oakland Community Health Network
Contract Number 2019-0103-1NTLOC
Page 21 of 21
Holder: June Lewis
lewisj@oaklandchn.org
Signature
,—DSrgned by a.u1 ftiCOSUA,
."—C.-41792r3.21PE482 .
Location: DocuSign
Timestamp
Sent: 10/11/2018 10:55:30 AM
Viewed: 10/11/2018 11:12:24 AM
Signed: 10/11/2018 11:12:32 AM
Signature Adoption: Pre-selected Style
Using IP Address: 40.130.123.234
Kathleen Kovach
kovachk@oaklandchn.org
Deputy Executive Director / COO
Oakland County Community Mental Health Authority Signature Adoption: Pre-selected Style
Using IP Address: 40.130.123.234
Electronic Record and Signature Disclosure:
Not Offered via DocuSIgn
bookArgnati by c Sent: 10/11/2018 11:12:33 AM
Viewed: 10/11/2018 12:49:11 PM
Signed: 10/11/2018 12:49:16 PM
Security Level: Email, Account Authentication
(None)
• Timestamp
• Timestamp ...
Tirnestamp
Tirnestamp
Timestamp .
Timestamp -
Timestamp
TImestamps
10/11/2018 11:12:33 AM
10/11/2018 12:49:11 PM
10/11/2018 12:49:16 PM
10/11/2018 12:49:16 PM
DOCU.
SECI014E0
Certificate Of Completion
Envelope Id: 3B896BB8C3CD4DCC85BE3BDO6C877D5C Status: Completed
Subject; Please DocuSign: 2019-0103-INTLOC - Oakland County - OCJ Inmate Caseworker positions.pdf
Source Envelope:
Document Pages: 21 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 June Lewis
AutoNav: Enabled 2011 Executive Hills Boulevard
Envelopeld Stamping: Enabled Auburn I-1111s, MI 48326
Time Zone: (UTC-05:00) Eastern Time (US & Canada) lewisj@oaklandchn.org
IP Address: 40.130.123.234
Record Tracking .
Status: Original
10/1112018 10:54:35 AM
Signer Events.
Anya Eliassen
eliassena@oaklandchn.org
CFO
Oakland County Community Mental Health Authority
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
in.-Pera-OniSigner Events .:.
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FISCAL NOTE (MISC. #184$8) December 6, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: SHERIFF'S OFFICE — OAKLAND COMMUNITY HEALTH NETWORK (OCHN) REIMBURSEMENT
FOR JAIL ALLIANCE WITH SUPPORT (JAWS) PROGRAM AND INMATE CASEWORKER POSITIONS
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 acceptance of reimbursement funding not to exceed $131,838 from the
Oakland Community Health Network (OCHN) to continue funding for the Jail Alliance with Support
(JAWS) program and mental health services to inmates.
2. Funding of $71,796 will be used to partially reimburse one (1) General Fund/General Purpose
(GF/GP) full-time eligible (FTE) Inmate Caseworker position (4030320-06577). Also, the award
continues to provide reimbursement funding for two (2) GF/GP part-time non-eligible (PINE)
Inmate Caseworker positions (4030320-11611 and #11612); not to exceed $60,042.
3. The funding period is October 1, 2018 through September 30, 2019.
4. The Fiscal Year 2019 budget is amended as follows:
GENERAL FUND #10100
Revenue
4030301-112650-631799
9010101-196030-665882
Reimb Contracts
Planned Use of Balance
Total Revenue
FY 2019
$ 131,838
(131,838)
0
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kowall absent.
Resolution #18438 December 6, 2018
Moved by Kochenderfer supported by Bowman the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, McGillivray,
Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (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).
7)-b‘ 7i)
I HERSBY APPROVE' THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO EVICL 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 December 6,
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 6th day of December, 2018. a
Lisa Brown, Oakland County