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HomeMy WebLinkAboutResolutions - 2019.07.18 - 32095MISCELLANEOUS RESOLUTION #19235 July 18, 2019 BY: Commissioner Penny Luebs, Chairperson, Healthy Communities and Environment Committee IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — INTERLOCAL AGREEMENT WITH OAKLAND INTERMEDIATE SCHOOL DISTRICT FOR PUBLIC HEALTH NURSE SERVICES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Health Nurses (PHN) provide highly experienced professional nursing care and consultation services which promote the health of individuals, families and communities; and WHEREAS Oakland County has received an Interlocal Agreement from Oakland Intermediate School District (Oakland Schools) to support Oakland Schools and its constituent school districts by providing PI -IN consulting services; and WHEREAS these consulting services will help to standardize Oakland County schools regarding health and wellness policies and procedures; and WHEREAS Oakland Schools agrees to reimburse the Oakland County Health Division (OCHD) fifty percent (50%) of salary and fringe benefits for the PHN assigned to perform the services; and WHEREAS Oakland Schools also agrees to reimburse OCHD for mileage and professional development for the PHN; and WHEREAS Oakland County will invoice Oakland Schools on a quarterly basis beginning December 1, 2019; and WHEREAS Fiscal Year (FY) 2019 and FY 2020 reimbursement reflects total potential funding of $61,015; and WHEREAS no additional personnel is needed at this time to fulfill the terms of this Agreement; and WHEREAS the Agreement is effective September 1, 2019 through August 31, 2020 and may be renewed annually on written notice by Oakland Schools to OCHD, provided OCHD agrees; and WHEREAS this agreement is included in the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement. BE IT FURTHER RESOLVED to approve the reimbursement terms as set forth in the Agreement, with FY 2019 and FY 2020 total potential funding of $61,015. BE IT FURTHER RESOLVED the FY 2019 and 2020 budgets are amended as follows: GENERAL FUND #10100 FY 2019 FY 2020 Revenue 9010101-196030-665882 1060240-133390-631827 Expenditures 1060240-133390-731346 1060230-133150-732018 Planned Use of Balance Reimb General Total Revenues Personal Mileage Travel & Conference Total Expenditures ($ 4,668) ($ 51,347) 5,085 55,930 $ 417 $ 4,583 $ 250 $ 2,750 167 1,833 $ 417 $ 4,583 Chairperson, on behalf of the Healthy Communities and Environment Committee, I move the adoption of the foregoing resolution. Commissiorfer Penny Luebs, District #16 Chairperson, Healthy Communities and Environment Committee HEALTHY COMMUNITIES AND ENVIRONMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Intergovernmental Agreement For Public Health Nurse Services This Intergovernmental Agreement For Public Health Nurse Services (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, by and through the Oakland County Health Department: Health and Human Services (the "County") and Oakland Schools, a Michigan intermediate school district, whose address is 211 I Pontiac Lake Road, Waterford, Michigan 48328 ("Oakland Schools"). Each a "Party" and collectively the "Parties." RECITALS A. The County employs public health nurses which provide highly experienced professional nursing care and consultation services, working to promote the health of individuals, families and communities through teaching, counseling and appropriate preventive, therapeutic and rehabilitative techniques. B. The County's public health nurses serve as a liaison and resource advocate of school nursing and public health services for Oakland County school districts and partnering community agencies, as well as provide on-site trainings meetings with school districts who are responsible for supporting students' health and medication needs, including general staff awareness training. C. Oakland Schools desires to engage the County to provide public health nurse consulting services set forth in this Agreement for Oakland Schools and its constituent school districts. D. 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. E. The Parties desire to enter into this Agreement to set forth the respective obligations of the Parties relative to the Services set forth herein. 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 enter into a shared services arrangement with the County for the provision of a County nurse to support Oakland Schools and its constituent school districts by safely and efficiently responding to the physical, social, emotional health needs of students of Oakland Schools and its constituent school districts, as well as to set forth the terms, conditions and obligations of the Parties relative to these nurse consulting services to be provided by the County. 2. EnEagement and Relationship of Parties. Oakland Schools hereby engages the County and the County accepts such engagement to provide the Nursing Services set forth in this Agreement for the consideration and upon the terms and conditions set forth in this Agreement. The relationship between the County and Oakland Schools (including any personnel, third -party consultants or independent contractors of the County) shall be that of independent contracting parties. The County's personnel, third -party consultants and independent contractors shall be self- directed in their activities, provided that said personnel, consultants or independent contractors 1 shall abide by the terms of their respective employment agreement or contractual arrangement with the County. 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 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 be one (1) year and shall commence upon September 1, 2019 (the "Effective Date") and shall end August 30, 2020, unless earlier terminated as provided for herein ("Term"). This Agreement may be renewed annually on written notice by Oakland Schools to the Health Department, provided the Health Department agrees. Notwithstanding the previous sentence, and except as otherwise expressly provided in the Agreement herein, if either Party wishes to modify the terms and conditions of the Agreement, a written Amendment, signed by authorized representative of the Parties, pursuant to resolution or Board action, is required. 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, Oakland Schools shall pay the County for all Services rendered prior to the date of termination. 5. Obligations of Oakland Schools. In addition to any other obligations of the Oakland Schools set forth in this Agreement, Oakland Schools agrees to perform the following: a. Identify the school districts that will be subject to the Services to Oakland Schools and the School District. b. Provide reasonably necessary office supplies and related materials for the provision of the Services. c. Work in collaboration with the County to develop the schedule for delivery of Services by the County to ensure access by Oakland Schools' constituent school districts. d. Allow the County nurse to participate in appropriate Oakland Schools departmental meetings to ensure effective delivery of the Services. e. Pay the County the Fee in accordance with this Agreement; f. Reasonably cooperate with the County regarding any scheduling, timelines and requirements related to the Services. Provide reasonable work space within Oakland Schools to the County nurse to utilize to perform its duties and Services, including access to designated Oakland Schools technology and facilities that are required to perform the Services. h. Work in collaboration with the County to ensure access of the County nurse to relevant Health Division meetings and trainings 6. Scope of Services and Obligations of the County. In addition to any other obligations of the County set forth in this Agreement, the County agrees to: g. 2 a. Provide the scope of services set forth in Attachment A , attached hereto and incorporated herein by reference (the "Services"). b. Provide a licensed and registered nurse (1 FTE) with the minimum qualifications as set forth in the County's job description for its Public Health Nurse III, attached hereto and incorporated herein by reference as Attachment B. c. Require the assigned public health nurse to attend appropriate departmental meetings at Oakland Schools. d. Work in collaboration with Oakland Schools to develop the schedule for delivery of Services by the County to ensure access by Oakland Schools' constituent school districts. e. Reasonably cooperate with Oakland Schools regarding any scheduling, timelines and requirements related to the Services. f. Provide reasonable work space within the County for the County nurse to utilize to perform its duties and Services, including access to designated County technology and facilities that are required to perform the Services. 7. Fee and Payment Terms. Oakland Schools and the County agree that Oakland Schools will pay an annual fee for the Services, equal to not more than fifty percent {50%) of salary and fringe benefits of the County nurse assigned to perform the Services (the "Fee"). The Parties agree that the nurse's annual salary range will be between $57,688 and $70,797, and the annual fringe benefits costs will not exceed 75% of the salary. In addition to the Fee, Oakland Schools agrees to pay the County for the following reimbursable expenses: i) $250.00 per month for reimbursement of mileage incurred by the nurse; and ii) $2,000 per year for reimbursement of professional development for the nurse (the "Reimbursable Expenses"). Oakland Schools agrees to pay the pro -rata portion of the Fee and Reimbursable Expenses in equal quarterly installments pursuant to written invoices issued by the County and delivered to Oakland Schools, beginning in December 1, 2019. The amounts invoiced by the County, and Oakland Schools' obligation to pay, shall only be for the reimbursement to the County for the costs for the nurse to carry out the Services under this Agreement. If the County provides any services in addition to the Services, those will be billed by the County on a cost -recovery basis to Oakland Schools. 8. 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. 9. Reliance Upon Information. The Services that the County 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 is 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 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 is incorrect, incomplete, inaccurate or not properly trained/qualified. 3 10. Liability and Reservation of Rights. Each Party shall be responsible for the acts and/or omissions of its personnel. 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. 11. 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. 12. 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 XI1 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. 13. 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 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"). 14. 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: 4 a. Any Dispute must be initiated by a Party through 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. 15. 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: Oakland Schools Attn: Superintendent 2111 Pontiac Lake Road Waterford, Michigan 48328 Tel: (248) 209-2000 Fax: (248) 209-2206 With a Copy to: Oakland Schools Attn: Executive Director of Legal Affairs 2111 Pontiac Lake Road Waterford, Michigan 48328 Tel: (248) 209-2062 Fax: (248) 209-2018 County: County of Oakland Attn: Shane Bies Administrator, Oakland County Health Division, 1200 N. Telegraph Bldg 34E Pontiac, Michigan 48341 Tel: (248) 858-1409 biess@oakgov.com 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 5 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. 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. 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. g. Effective Date. The Effective Date of this Agreement is the date identified in Section 3 of this Agreement. 6 k. Government Function. The work performed by Oakland Schools and the County pursuant to this Agreement is a governmental function. It is the intention of the parties hereto that this Agreement shall not be construed to waive the defense of governmental immunity held by Oakland Schools or the County. 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. WHEREAS, Oakland Schools and the County, by and through their duly authorized representatives, have executed this Agreement. OAKLAND SCHOOLS By: Its: Superintendent Date: COUNTY OF OAKLAND By: Its: Date: 7 Attachment A Scope of Services 1. Provide consultation, leadership, and professional development opportunities for quality school nursing and public health services to Oakland County school districts 2. Serve as a liaison and resource advocate of school nursing and public health services for Oakland County districts and partnering community agencies 3. Monitor, interpret, synthesize, and disseminate relevant research findings and other information related to public health, school nursing practice, current legal issues, and new legislation that impacts school health programs and services 4. Interpret, review and disseminate model policies, standards, and best practices to promote safe, legal, and effective school health services programs 5. Collaborate as an active team member in organizational projects as assigned 6. Work in conjunction with other Oakland Schools staff to ensure client needs are met in the most efficient and effective manner 7. Collaborate with local, regional, and state school health advocates to expand the level of knowledge and understanding among educators, parents, and the public of the critical link between health status and a student's capacity to learn 8. Plan, use professional judgment, and act effectively to carry out the functions of this position within the direction provided by Oakland Schools mission and vison. 9. Provide on-site trainings meetings with school district who are responsible for supporting students' health and medication needs, including general staff awareness training as needed County (initials) Oakland Schools (initials) 8 Attachment B Public Health Nurse III Job Description OAKLAND COUNTY MICHIGAN Class Title: PUBLIC HEALTH NURSE III Department: Health & Human Services Reports To: Supervisor - Public Health Nursing or Health Program Coordinator FLSA Status: Non -Exempt GENERAL SUMMARY Under general supervision, provides highly experienced professional nursing care and consultation services emphasizing disease prevention, early detection and referrals for individuals, groups, schools and community agencies within an assigned geographic district or program unit. Promotes the health of individuals, families and communities through teaching, counseling and appropriate preventive, therapeutic and rehabilitative techniques. Assesses health needs, performs immunizations and follow-up investigations and coordinates activities with other health professionals. Provides leadership and consultation to lower level Public Health Nurses and actively participates in development of performance standards for nursing care. Participates in health related community activities within assigned area or program emphasis. SUPERVISION EXERCISED Usually none, however, Public Health Nurses III provide leadership through demonstrating skills, observing, assisting and instructing newly assigned Public Health Nurses. TYPICAL DUTIES & RESPONSIBILITIES Provide consultation, leadership, and professional development opportunities for quality school nursing and public health services to Oakland County school districts Serve as a liaison and resource advocate of school nursing and public health services for Oakland County districts and partnering community agencies Monitor, interpret, synthesize, and disseminate relevant research findings and other information related to public health, school nursing practice, current legal issues, and new legislation that impacts school health programs and services Interpret, review and disseminate model policies, standards, and best practices to promote safe, legal, and effective school health services programs Collaborate as an active team member in organizational projects as assigned 9 Work in conjunction with other Oakland Schools staff to ensure client needs are met in the most efficient and effective manner Collaborate with local, regional, and state school health advocates to expand the level of knowledge and understanding among educators, parents, and the public of the critical link between health status and a student's capacity to learn Plan, use professional judgment, and act effectively to carry out the functions of this position within the direction provided by Oakland Schools mission and vison Provide on-site trainings meetings with school district who are responsible for supporting students' health and medication needs, including general staff awareness training as needed Perform other duties as assigned MENTAL & PHYSICAL REQUIREMENTS Ability to communicate to accurately convey information. Ability to use and operate medical office equipment and supplies. WORKING CONDITIONS Work is performed in a typical medical clinic environment as well as in patient homes, and educational or institutional settings. 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. EXPERIENCE, TRAINING, KNOWLEDGES, SKILLS & ABILITIES A. Required Minimum Qualifications 1. Be licensed by the Michigan Board of Nursing to practice as a registered professional nurse in the State of Michigan. 2. Possess a Bachelor's Degree in Nursing from an accredited college or university. 3. Have had at least two (2) years of full-time increasingly responsible public health nursing experience under professional nursing supervision. NOTE: A Master's Degree in Nursing, Public Health, Public Administration or closely related field from an accredited college or university may be substituted for one (1) year of the public health nursing experience. 10 4. Possess a valid operator's or chauffeur's license. 5. Pass the complete examination, including employment medical, established for this classification. 6. Successfully complete the six month probationary period. NOTE: Applicants who are eligible to be licensed by the State of Michigan and who meet the other requirements listed above may take this examination but will not be eligible for appointment until they have been licensed by or possess a valid permit from the Michigan Board of Nursing. Volunteer experience may be accepted provided it is equivalent in level and scope to the required experience. B. Additional Desirable Qualifications 1. Considerable knowledge of modern principles, methods, materials, practices and specialized terminology of public professional nursing service. 2. Considerable ability to apply the principles, practices, and techniques of professional nursing to the functioning of Public Health Clinics to service programs offered in schools, nursing homes, day care centers, individual homes, or other meetings. 3. Considerable ability to establish and maintain effective working relationships with Health Division professional and non-professional staff, and the general public. 4. Considerable ability to cope with difficult and/or emergency situations requiring immediate decisions in accordance with departmental policies and procedures. 5. Reasonable ability to compile pertinent information and prepare and present oral or written technical reports to supervisors, staff, and the general public. 6. Reasonable ability to exercise mature judgment and initiative in analyzing problems and recommending solutions. C. SPECIAL REQUIREMENTS 1. Must maintain a valid motor vehicle operator's or chauffeur's license. 2. Must submit to immunizations as required by the Health Division and to periodic tuberculin skin tests or chest X-rays at County expense. 3. Must maintain registration with the State of Michigan Board of Nursing. 220 37053 8.1 22346/336844 11 Resolution #19235 July 18, 2019 Moved by Luebs seconded by Hoffman the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson. (21) NAYS: None, (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). GERALD D. POISSON CHIEF DEP 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 18, 2019, with the original record thereof now remaining in my office. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan this 18th day of July, 2019. Lisa Brown, Oakland County