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HomeMy WebLinkAboutResolutions - 2020.09.03 - 33614MISCELLANEOUS RESOLUTION' #20359 September 3, 2020 BY: Commissioner Penny Luebs, Chairperson, Health, Safety and Human Services Committee IN RE: CIRCUIT COURT/FAMILY DIVISION — INTERLOCAL AGREEMENT FOR WRAPAROUND SERVICES WITH OAKLAND SCHOOLS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen; WHEREAS the Oakland County Circuit Court Family Division has increasingly been receiving youth referrals with emotional disturbances as a result of delinquency conduct that is secondary to having a psychiatric disorder; and WHEREAS youth in this special high-risk population have significant rates of recidivism and likely out -of -home placement, if left untreated; and WHEREAS a Wraparound partnership with the Department of Health and Human Services (DHHS), Oakland Schools, Oakland Community Health Network (OCHN), the Circuit Court, and other service organizations, has been established to deal with this high-risk population; and WHEREAS the goal of the Wraparound program is to reduce or eliminate the need for out -of -home placement for youth involved with multiple systems in the community (i.e. Circuit Court, OCHN, Special Education, and DHHS); and WHEREAS detailed outcome measures reflect Oakland County Wraparound has been successful in keeping more than 90% of the referred youth in their home and community, avoiding costly out -of -home residential, psychiatric, or foster care placement; and WHEREAS an agreement has been drafted, (as attached) by Oakland County Corporation Counsel; and WHEREAS the agreement has been presented to Oakland Schools for their approval; and WHEREAS the agreement period is effective from October 1, 2020, through September 31, 2022, unless terminated according to provisions in the agreement; and WHEREAS the cost of this intergovernmental agreement with Oakland Schools is $22,131 per fiscal year; and WHEREAS the funding for these services is available in the Circuit Court's Family Divisions' FY 2021 — FY 2023 County Executive Recommended Budget, provided under the Child Care Fund (#20293); and WHEREAS State statutes (MCL 45.556-p) state that the Board of Commissioners has the power to "Enter into agreements with other governmental or quasi -governmental entities for the performance of services jointly." NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached intergovernmental agreement between Oakland County Circuit Court and Oakland Schools and authorizes the payment of $22,131 to Oakland Schools for participation in the Wraparound program so that services may be provided to court wards. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on behalf of the County of Oakland, and hereby accepts and binds the County of Oakland to the terms and conditions of this Agreement. BE IT FURTHER RESOLVED a budget amendment is not required as funds are available in the Circuit Court - Family Division's FY 2021 - FY 2023 County Executive Recommended Budget, provided under the Child Care Fund (#20293). Chairperson, on behalf of the Health, Safety and Human Services Committee, I move the adoption of the foregoing resolution. l.t.Jr�F� Commissio a Penny Luebs, District #16 Chairperson, eaith, Safety and Human Services Committee FY2021 and FY2022 INTERLOCAL AGREEMENT BETWEEN COUNTY OF OAKLAND AND THE OAKLAND COUNTY INTERMEDIATE SCHOOL DISTRICT FOR JUVENILE COURT WRAPAROUND SERVICES 1 111111 1111 1 11L This Agreement ("Agreement") is made and entered into between the COUNTY OF OAKLAND ("County"), a Michigan Constitutional and Municipal Corporation, a political subdivision of the stale of Michigan, whose address is 1200 North Telegraph, Pontiac, Michigan 48341 and the OAKLAND COUNTY INTERMEDIATE SCHOOL DISTRICT ("Oakland Schools"), 2111 Pontiac Lake Road Waterford, MI 48328. In this Agreement, either Oakland Schools or County may also be referred to individually as a "Party" orjointly as the "Parties." 1. Purnose of Agreement l.1. Pursuant to the Urban Cooperation Act, MCL 124.501 et seq., County and Oakland Schools enter into this Agreement for the purpose of providing wrap-around services to certain juveniles who are under the jurisdiction of the Sixth Judicial Circuit Court and meet Oakland Schools' criteria for receiving wrap-around services. 1.2. The public purpose of this Agreement is to establish the roles and responsibilities of the County and Oakland Schools in providing comprehensive family -focused mental health treatment for juveniles who are involved in the criminal justice system in the Sixth Judicial Circuit Court. 2. Definitions 2.1. Aereement Documents means the following documents, which this Agreement includes and incorporates: 2.1.1. Exhibit I: Wrap -Around Services Description 2.1.2. Exhibit Il: Insurance Requirements 2.2. Claims means any loss; complaint; demand for relief or damages; lawsuit; cause 1 of action; proceeding; judgment; penally; costs or other liability of any kind which is imposed on, incurred by, or asserted against the County or for which the County may become legally or contractually obligated to pay or defend against, whether commenced or threatened, including, but not limited to, reimbursement for reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs, investigation expenses, litigation expenses, or amounts paid in settlement. 2.3. Concurrent Board Member shall be defined as any Oakland County Commissioner who is also serving as a member of the Oakland County Intermediate School District. 2.4. Conn means the County of Oakland and its departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, authorities, officers, committees, employees, agents, subcontractors, volunteers and/or any such persons' successors. For purposes of this Agreement, Oakland County also includes the Sixth Judicial Circuit Court for the State of Michigan (Court). 2.5. Countv Agent shall be defined as any and all elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, third -party contractors, departments, divisions, volunteers, representatives, and/or any such persons' successors (whether such persons act or acted in their personal representative or official capacities), and/or "County Agents" shall also include any person who was a County Agent any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected and sewing as an County Agent, and shall include the any "Concurrent Board Member." 2.6. Oakland Schools means the Oakland County Intermediate School District, the statutorily created intermediate school district that provides educational and other services to children in Oakland County who meet the criteria for services set by statute and Oakland Schools policy, and its departments, commissions, boards, institutions, arms, agencies, and instrumentalities and their present, and future directors, officers, employees, attorneys, agents, representatives, consultants, contractors, subcontractors, and volunteers 2.7. Wran-around Services mean the integrated, comprehensive treatment services provided to a juvenile and his or her family in the context of their home and community environment according to the services plan developed through the collaborative efforts of the juvenile, the family and members of the juvenile's community of reference. The services are described in Exhibit 1, which is fully incorporated here by reference, for the Court 2.8. Service Provider means a qualified public or private agency individual employed by or subcontracted by Oakland Schools that provide Wrap-around services to juveniles and their families who are under the jurisdiction of the Court. 3. OBLIGATIONS OF OAKLAND SCHOOLS Subject to the terms and conditions in this Agreement, and except as otherwise provided by law, Oakland Schools shall provide those services for the County as described in Exhibit I attached to this Agreement and hereby incorporated and made part of this Agreement. The Parties intend, agree, and acknowledge that no services, other than those services described in this Agreement, shall or are otherwise required to be provided by Oakland Schools for or to the County. Additional services may be contracted by mutual agreement between the Parties. 3.1. Oakland Schools shall be the employer or contractor of the individual(s) providing Wrap-around Services and shall be responsible for all benefits which include, but are not limited to, retirement benefits, pension rights, insurance rights, fringe benefits, training, holiday pay, sick pay, vacation pay or such other rights or provisions arising out of an agreement of hire or an employer-employee relationship, whether express or implied. 3.2. Oakland Schools shall either provide on behalf of the Service Provider, or require that the designated Service Provider, provide and maintain insurance or self-insurance sufficient to meet the County's requirements, as set forth in Exhibit II, which is incorporated here by reference. 3.3. Service Provider shall be fully responsible for providing Wrap-around Services to juveniles under the jurisdiction of the Family Division of Circuit Court and identified as eligible for the services. 3.4. Service Provider shall provide Wrap-around Services as requested by the Court; provide information and status updates on juveniles receiving Wrap-around Services to the Court; and assist the Court with defining and updating goals and evaluating the effectiveness of Court's strategies and interventions. 3.5. Information obtained by the Service Provider may be subject to the Health Insurance Portability and Accountability Act (HIPAA) and and Health Information Technology for Economic and Clinical Act (HITECH Amendment). Oakland Schools shall ensure that the Service Provider complies with HIPAA, the HITECH Amendment and all other relevant statutes and obligations regarding use and dissemination of protected health information ("PHI") as defined in 45 CFR 160.103 when applicable. 3.6. The Parties agree that the Service Provider is not, and is not intended to be, a Court or County employee. Service Provider is an employee or subcontractor of Oakland Schools, which has agreed to provide Wrap-around services to eligible juveniles pursuant to this Agreement. d. COUNTY OBLIGATIONS 4.1. The County agrees to pay the sum of $22,131.00 to Oakland Schools for providing Wrap-around Services to eligible juveniles during each of the fiscal years, the 2021 fiscal year, which runs from October 1, 2020 through September 30, 2021, and the FY2022 fiscal year, which runs from October 1, 2021 through September 30, 2022. County shall have no responsibility or obligation or any type for providing any employee benefits or insurance, including workers compensation insurance for the Service Provider. 4.2. Funds Unavailable. County may terminate this Agreement immediately if County funds become unavailable. 5. ASSURANCES AND WARRANTIES. 5.1. Oakland Schools agrees to comply with the provisions of any and all laws relating to nondiscrimination and conflict of interest with governmental employees and, specifically, any County Agent. Oakland Schools warrants to avoid any conflict of interest, whether real or perceived. 5.2. Any and all Oakland Schools services set forth in this Agreement are provided on an "as -in" and "as -available" basis, without any warranty of any kind, to the maximum extent permitted by applicable law. The County hereby expressly further disclaims any and all warranties, of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non -infringement, and/or that any Oakland Schools services under this Agreement will meet any County needs or requirements, will be uninterrupted, timely, secure, error or risk free/or that any deficiencies in any Oakland Schools service. The entire risk arising out of the use of any and all County services herein remains at all times, with the Oakland Schools to the maximum extent permitted by law. 6. NO INDEMNIFICATION. 6.1. Each Party shall be responsible for any Claims made against that Party and for the acts of its Employees or Agents. 6.2. In any Claim that may arise from the performance of this Agreement, each Party shall seek its own legal representation and bear the costs associated with such representation including any attorney fees. 6.3. Except as otherwise provided in this Agreement, neither Party shall have any right under any legal principle to be indemnified by the other Party or any of its employees or Agents in connection with any Claim. 6.4. Except as otherwise provided in this Agreement, this Agreement does not and is not intended to create any third -party obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation or any other right in favor of any third person or entity. 6.5. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. Nothing in this Agreement shall be 4 construed as a waiver of governmental immunity for either Party. LIMITS AND EXCLUSIONS ON OAKLAND SCHOOLS SFRVICFS 7.1. In no event and under no circumstances in connection with or as a result of this Agreement shall the County be liable to the Oakland Schools, or any other person, for any consequential, incidental, direct, indirect, special punitive, or other similar damages whatsoever (including, without limitation, damages for loss of business, profits, business interruption, or any other pecuniary loss or business detriment) arising out of this Agreement for any Wrap-around services hereunder or any County use or inability to use any Wrap-around services, even if the County has been advised of the possibility of such damages. NO IMPLIED WAIVER. Except as otherwise expressly provided for in this Agreement: 8.1. 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. 8.2. 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. 8.3. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. AUDITING. The County agrees that financial records will be available upon request for review or audit by Oakland Schools or other appropriate officials. 10. AGREEMENT INTERPRETATION. The Parties agree that performance under this Agreement will be conducted in compliance with all federal, Michigan, and local laws and regulations. This Agreement is made and entered into in the County of Oakland and in the State of Michigan. The language of all parts of this Agreement is intended to and under all circumstances to be construed as a whole according to its fair meaning and not construed strictly for or against any Party. 11. EFFECTIVE. DATE AND DURATION OF THE AGREEMENT. 11.1. Term. This Agreement shall begin on October 1, 2020 and shall remain in effect until it is terminated by either of the Parties as provided herein or until it expires without any further notice on September 30, 2022. 11.2. Legal Effect. The Parties agree that this Agreement, and/or any subsequent amendments thereto, shall not become effective prior to the approval by the Oakland County Board of Commissioners and Oakland Schools. The approval and terms of this Agreement, and/or any possible subsequent amendments thereto, shall be entered in the official minutes and proceedings of the Oakland County Board of Commissioners and the Oakland Schools Board and shall also be filed with the office of the Clerk of the County. 12. INDEPENDENT CONTRACTOR, The Parties agree that at all times and for all purposes under the terms of this Agreement, the Wrap-around Service Provider's legal status and relationshipto the County shall be that of an Independent Contractor. Exceptas expressly provided herein, each Party will be solely responsible for the acts of its own employees, agents, and subcontractors 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 County as a result of this Agreement. 13. TERMINATION OR CANCF.LLATTON OF AGREEMENT. Except as otherwise provided herein, either Party may terminate this Agreement for any reason upon seven (7) Days written notice to the other Party. The effective date of termination shall be clearly stated in the written notice. Termination of this Agreement does not release any Party from any obligations that Party has pursuant to any law. 13.1. The Parties agree and acknowledge that either Party's decision to terminale and/or cancel this Agreement, or any Wrap-around Services identified herein, shall not relieve the County of any payment obligations for any Wrap-around Services rendered by the Service Provider prior to the effective date of any termination of this Agreement. The provisions of this Subsection shall survive the termination, cancellation, and/or expiration of this Agreement. 14. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for employment, or another person or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 15. RECORD RETENTION. The Parties agrees to maintain records in accordance with state law. All records relative to this Agreement shall be available at any reasonable time for examination or audit by personnel authorized by the County or law. 16. DFT,F.DATION/STIRCONTRACT/ASSIGNMENT. Except as otherwise provided herein, neither Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 17. FORCE MA.TF,URE. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond the Party's control, including, but not limited to, an act of God, war, fire, strike, labor disputes, civil disturbances, pandemic, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the other party of any such event. 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or non -possessive use in this Agreement shall be deemed 6 the appropriate plurality, gender or possession as the context requires. 20. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt: (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 20.1. If Notice is sent to the County, it shall be addressed and sent to: 1200 North Telegraph, Pontiac, Michigan 48341. 20.2. If Notice is sent to the Oakland Schools, it shall be addressed and sent to: 2111 Pontiac Lake Road, Waterford, Michigan, 48328. 20.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 21. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan without giving effect to its conflict of law principles. 22. .DTRISDICTION AND VFNIIT,. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim(s) arising under or related to this Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District COUrtfortheEastern District of Michigan, Southern Division, as dictated bythe 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 laking action under this Agreement to enforce such judgment in any appropriate jurisdiction. 23. AGREEMENT MODTFIIrATIONC OR AMFNDMENTS. Any modifications, amendments, rescissions, waivers, or releases to this Agreement must be in writing and executed by both Parties. The Parties agree that no such modification, rescission, waiver, release or amendment of any provision of this Agreement shall become effective againstthe County unless signed for bythe Oakland County Board of Commissioners. The Parties further agree that this Agreement shall not be changed, supplemented, or amended, in any manner, except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Agreement in any manner. 24. F.NTIRF, AGREEMENT. This Agreement sets forth the entire agreement between the Parties along with the Agreement Documents. In entering into this Agreement, Oakland Schools acknowledges that it has not relied upon any prior or contemporaneous agreement, representation, warranty, or other statement by the County and/or any County Agent that is not expressly set forth in this Agreement, and that any and all such possible, perceived or prior agreements, representations, understandings, statements, negotiations, understandings and undertakings, whether written or oral, in any way concerning or related to the subject matter of this Agreement are fully and completely superseded by this Agreement. 24.1. If there is a contradicting term or condition in any Exhibit to this Agreement, the Agreement controls. 24.2. It is further agreed that the terms and conditions of this Agreement are contractual and binding and are not mere recitals. The Parties acknowledge that this Agreement contains certain limitations and disclaimers of liability. OAKLAND COUNTY INTERMEDIATE SCHOOL DISTRICT: BY: DATE: COUNTY OF OAKLAND BY: DATE: David T. Woodward Chairperson, Oakland County Board of Commissioners FY2021 and FY2022 INTERLOCAL AGREEMENT BETWEEN COUNTY OF OAKLAND AND THE OAKLAND COUNTY INTERMEDIATE SCHOOL DISTRICT FOR JUVENILE COURT WRAPAROUND SERVICES EXHIBIT I Oakland Countv Wrap-around Program The goal of the Oakland County Wrap-around Program is to reduce or eliminate the need for out of home placement for youth involved with multiple systems in the community, such as the Circuit Court, Mental Health, Special Education and Department of Health and Human Services. Detailed outcome measures reflect the Oakland County Wrap-around Program has been successful in keeping more than 90% of the referred youth in their home and community, avoiding costly out of home residential, psychiatric or foster care placement. PROGRAM DESCRIPTION Increasingly, youth with serious emotional disturbances are referred to the Court for formal intervention as a result of delinquent conduct that is secondary to having a psychiatric disorder. These youngsters are typically identified in early childhood as having multiple adjustment problems. They receive services from a variety of agencies, often without coordination. Through a partnership with the Department of Health and Human Services, Oakland County Schools, Oakland Community Health Network, and other service organizations, a large number of these youth can be maintained in their own homes. Youth in this special, high-risk population have significant rates of recidivism if left untreated. Through appropriate intervention, which includes intensive, at least weekly face-to-face contacts with youth and families, we anticipate being able to continue to reduce the number of new adjudications and maintain an increased number of youth in the community. By maintaining these youths in their homes rather than in residential placement, we achieve a substantial cost savings. The Wrap-around process is a tool for building constructive relationships and support networks among youth with emotional/behavioral challenges, their families, teachers, and other caregivers. W This process, which is based on a nationally recognized model, calling for a family -centered, strength -based philosophy of care, is used to guide service planning for high-risk students and their families. In Wrap-around, a team specifically made up of people familiar to each active family works to identify the underlying needs, interests, and limitations of the youth in crisis. The team convenes regularly in meetings led by a Wrap-around Facilitator and develops a specific plan that addresses these needs and interests using natural and community supports. Wrap-around is a unique, strength -based, family -led, process that helps high-risk students avoid out - of -home placement. The Wrap-around process is a team -based activity that helps groups of people involved in a student's life wort: together toward a common goal. The process is organized and delivered by someone who is specially trained to facilitate the team. The team creates an individualized plan to assure that students and their families can experience success in their communities, homes, and schools. Intensive, home based services are provided through the Wrap-around facilitation Youth must be receiving service from an Oakland Community Health Network (OCHN) funded Family Mental Health Agency (currently Easter Seals or Oakland Family Services) and meet two or more of the following criteria: Youth Involved in Multiple Systems Risk of Out -of -Home Placement or currently in Out -of -Home Placement (Psychiatric Hospitalization, Juvenile Detention, Foster Care, etc.) Youth has been served through other mental health services with minimal improvement The risk factors exceed capacity for traditional community-based options. Numerous providers are serving multiple children in the family and the outcomes are not being met. Reductions in Adjudications FY 2018-2019 Wrap-around is a nationally recognized strategy for engaging extraordinarily high-risk youth at the highest level of recidivism rate across not only the juvenile justice system, but the mental health, child welfare and special education rolls as well. Our research suggests that over 87% of this population would re -offend in the absence of intensive intervention. Of the 18 court involved delinquent youth served by Oakland County Wrap-around last fiscal year (10/01 /18 —9/30/19), 15 would be expected to recidivate. However, only 5 of the 18 youth served were re -adjudicated, demonstrating a 27% actual recidivism rate. The difference between the number of actual recidivates and the number expected then was 13 youth last fiscal year. This significant reduction in adjudications realized a very significant decrease in the average length of slay in residential placement, and the associated costs of out of home placement. Using the established formula of an average of 270 days / per youth spent in residential placement, a 10 total reduction of 3,510 days in residential care was realized (13 x 270 = 3,510) using Wrap-around services. It should be noted that each new adjudication costs an estimated $2,861 to process through the court system from the time the petition is signed through the time a new disposition is entered. For a total of $37,193 in cost savings (13 x $2,861 = $37,193). Reductions in Days of Residential Care FY 2018-2019 Historically, 100% of the youth in the targeted population would be placed out of the home as part of their treatment. Therefore, it was expected that all 18 youth would be placed in residential treatment for a period of 4.860 days (18 x 270 average days in residential placement = 4,860). 4,860 days saved from residential placement x $245/average per day in residential cost would equal $1,190,700 in cost savings for all 18 youths referred to Wrap-around instead of residential placement. With Wrap-around involvement, only 5 of the 18 youth served were placed in a residential facility for an average period of 270 days. Therefore, a reduction of 13 youth who were not placed in residential treatment was realized. This reduction of 3,510 days in residential care was achieved (13 x 270 = 3,510.) The average cost of residential care available locally is $245/day. The dramatic reduction in days spent in residential care for the 13 youth who benefitted from Wrap- around is reflected in the data below: 3,510 days saved from residential placement x $245/day in residential cost $859,950 in cost savings PROGRAM ASSESSMENT/EVALUATION: Due to the continued overwhelming positive effect Wrap-around has had on reducing or eliminating out of home and out of school placements for high-risk students, funding to Oakland Schools for this program was increased historically by more than an additional $300,000. In the past these increases came from Oakland Schools through the Special Education Department and other community sources. Children with active court cases, and who are assessed as high-risk students from all 28 districts participate in Wrap-around to eliminate barriers for educational success. There are currently seven full-time Wrap-around facilitators assigned to the program. The number of court involved delinquent youth assessed and accepted for participation in Wrap-around is determined by available slots reserved for court involved youth. Based on outcomes for the 2018 - 2019 fiscal year, 126 children in total were assessed and accepted for Wrap-around by a panel of cross disciplined professionals to be at the highest risk for removal 11 from their homes and placed in detention, psychiatric, or residential treatment facilities received services from Oakland County Wrap-around. Of these children 85% remained placed in their homes following participation with the Wrap-around program. Referrals come from all of the community partners, and cases are accepted on a weekly basis. In order to be considered for acceptance to the program, a child must be involved with at least two formal "systems" in Oakland County. These formal systems include the court, special education, mental health, and the child welfare system. Children who are involved with the mental health system are represented in 98% of those referred to the program. Children who are involved in the court system are represented in 15% of the referrals, while children who have family involvement with protective services or foster care are reflected in 85% of those open to Wrap-around. Children who are eligible to receive special education services are seen in 90% of the referrals to the program. The length of stay in the program varies based on the severity and complexity of the needs of the children. The average has dropped from two and a half years to 15 to 18 months currently. Program statistics indicate that during FY 2018 and FY 2019, an average of 15% of the Wrap-around cases opened had some type of Court involvement. These statistics lend support in the decision to request program funding for FY 2019-2020. Current cost configuration Because funding at this time is $22,131 per year, only a fraction of Court youth eligible services is able to access Wrap-around services. Billing is broken down into unit hours of service as reflected in the following example from the 2019 invoice from Oakland Schools: Total Wrap-around funding (10/01/2018-9/30/2019) $881,000.00 Circuit Court Grant (10/1/2018-9/30/2019) $22,131.00 Total units of service breakdown: $8.49/unit hour Percentage of court cases — 15% Percentage of court funding — 2% 12 FY2021 and FY2022 INTERLOCAL AGREEMENT BETWEEN COUNTY OF OAKLAND AND THE OAKLAND COUNTY INTERMEDIATE SCHOOL DISTRICT FOR JUVENILE COURT WRAPAROUND SERVICES EXHIBIT I1 INSURANCE REOUIREMENTS During this Agreement, Oakland Schools shall provide and maintain, at its own expense, all insurance as set forth and marked below, protecting the County and County Agents against any Claims, as defined in this Agreement. The insurance shall be written for not less than any minimum coverage herein specified. § 1. Primary Coveraees Commercial General Liability Occurrence Form including: (a) Premises and Operations: (b) Products and Completed Operations (including On and Off Premises Coverage); (c) Personal and Advertising Injury; (d) Broad Form Property Damage; (e) Independent Contractors; (f) Broad Form Contractual including coverage for obligations assumed in this Agreement; $1,000,000 — Each Occurrence Limit $1,000,000 — Personal & Advertising Injury $2,000,000 — Products & Completed Operations Aggregate Limit $2,000,000 — General Aggregate Limit $ 100,000 —Damage to Premises Rented to You (formally known as Fire Legal Liability) Workers' Compensation Insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. 1. ❑ Fully Insured or Slate approved self - insurer. 2. ❑ Sole Proprietors must submit a signed Sole Proprietor form. 3. ❑ Exempt entities, Partnerships, LLC, etc., must submit a Slate of Michigan form WC - 337 Certificate of Exemption. 13 Commercial Automobile Liability Insurance covering bodily injury or property damage arising out of the use of any owned or hired automobile by Oakland Schools for Wrap-around services with a combined single limit of $1,000,000 each accident. This requirement is waived if there are no company owned or hired automobiles utilized in the performance of this Agreement. Commercial Umbrella/Excess Liability Insurance with minimum limits of $2,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary coverages or broader. This UmbrelWExcess requirement may be met by increasing the primary Commercial General Liability limits to meet the combined limit requirement. § 2. Snrrlemental Coveraees Professional Liability/Errors & Omissions Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate. §3. General Insurance Conditions The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of compliance with all required terms, conditions and/or endorsements. I. All policies of insurance shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the County; 2. The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogation (policy endorsed written waiver), premiums, deductibles, or assessments under any form. All policies shall be endorsed to provide a written waiver of subrogation in favor of the County; 3. Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk of Oakland Schools and its Service Providers; 4. The Commercial General Liability and Commercial Automobile Liability policies along with any required supplemental coverages shall be endorsed to name the County of Oakland and it officers, directors, employees, appointees and commissioners as additional insured where permitted by law and policy form; 5. If the Oakland Schools' insurance policies have higher limits than the minimum coverage requirements stated in this document the higher limits shall apply and in no way shall limit the overall liability assumed by the Agreement under contract. 6. Oakland Schools shall require its contractors or sub -contractors, not protected under the Oakland Schools' insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Agreement; 7. Certificates of insurance must be provided no less than ten (10) Business Days prior to the County's execution of the Agreement and must bear evidence of all required terms, conditions and endorsements; and provide 30 days' notice of cancellation/material change endorsement. 14 8. All insurance carriers must be licensed and approved to do business in the Stale of Michigan and shall have and maintain a minimum A.M. Best's rating of A- unless otherwise approved by the County Risk Management Department 1s Resolution #20359 September 3, 2020 Moved by Gershenson seconded by Zack the resolutions on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted (with accompanying reports being accepted). .�. W I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A () 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 September 3, 2020, 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 Circuit Court at Pontiac, Michigan this 3rd day of September, 2020. Lisa Brown, Oakland County