HomeMy WebLinkAboutResolutions - 2021.01.21 - 34090MISCELLANEOUS RESOLUTION #21014 January 21, 2021
BY: Commissioner Penny Luebs, Chairperson, Public Health and Safety Committee
IN RE: HEALTH AND HUMAN SERVICES/HEALTH DIVISION — INTERLOCAL AGREEMENT WITH
OAKLAND INTERMEDIATE SCHOOL DISTRICT FOR PUBLIC HEALTH NURSE SERVICE
To the Oakland County Board of Commissioners
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 the Oakland Intermediate School
District (Oakland Schools) to support Oakland Schools and its constituent school districts by providing PHN
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,
2020; and
WHEREAS the Fiscal Year (FY) 2021 reimbursement reflects total potential funding of $77,596; 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, 2020, through August 31, 2021, 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
2021 total potential reimbursement funding of $77,596.
BE IT FURTHER RESOLVED the FY 2021 budget is amended as follows:
GENERAL FUND #10100 FY 2021
Revenue
1060240-133390-631869 Reimb Salaries $77,596
9010101-196030-665882 Planned Use of Balance (77,596)
Total Revenues
Chairperson, on behalf of the Public Health and Safety Committee, I move the adoption of the foregoing
resolution.
Pu,, �-
Commission rPenny Luebs, District #16
Chairperson, Public Health and Safety Committee
PUBLIC HEALTH AND SAFETY COMMITTEE VOTE:
Motion carried on a roll call vote with Jackson absent.
r
I HEREBY APPROVE THE FOREGOING RESOLUTION
Oakland5chools
Oakland Schools Board of Education
Board Agenda Item Request (BAIR)
(For Expenditures)
Intergovernmental Agreement: Oakland County for Public Health
Agenda Item Title, Nurse Service
Meeting Date: August 04, 2020 Purpose: Action
Presenter(s): Dr. Michael Yocum, Assistant Superintendent of Educational Services
Ms. Jennifer Gottlieb, Executive Director Of District And School Services
Strategic Directions
Excellence
Equity
Well -Being
Background Information/Rationale
We are requesting Board approval for Oakland Schools to enter into a shared services agreement
with the County of Oakland for Public Health Nurse Services. Under this agreement, the Oakland
County Health Department will provide a licensed, registered nurse who will be located at Oakland
Schools. The nurse will work with Oakland Schools staff to determine a process and schedule for
the delivery of services to our local districts. The services will Include consultation, dissemination of
information to our districts, and professional learning for local district staff,
Oakland Schools will provide the workspace and all necessary materials and technology necessary
to accomplish the duties of the position. The public health nurse will attend all Oakland Schools
staff meetings. In addition, our staff will work closely with the Oakland County Health Department
and our districts, to ensure the development and delivery of high -quality services that meet the
needs of our districts.
The agreement provides us an opportunity to work closely with the county to coordinate services to
our districts that bridge the gap between public health and school -based health services. This has
been a significant need in the county that this agreement can help fulfill.
The agreement period is September 1, 2020, to August 30, 2021, with the possibility for annual
renewal. Under this agreement, Oakland Schools agrees to pay the county up to $72,596 for
reimbursement of the salary and benefits for the nurse and up to $5,000 for expenses for a total of
$77,596.
Expenditures
Standard OS Contract? Yes
Funding Source/Account Number
FY21 100 081 0213 0000 0000 3130 $58,197.00
FY21 200 078 0213 0015 0000 3130 $19,399.00
Total: $77,596.00
Recommendation
It Is recommended that the Board authorize the Administration to execute an Intergovernmental
Agreement with the County of Oakland for public health nurse services in the amount not to exceed
$77,596 to the Oakland County, for the period September 1, 2020 to August 30, 2021, as
presented by the Administration.
Approvals
Jennifer Gottlieb
Director
Dawn Styma
Finance Approver
Anna Marie Hollander
Purchasing Agent
Michael Yocum
Superintendent or Deputy Superintendent
7/21/2020 2:18:44 PM
Date
7/22/2020 9:36:14 AM
Date
7/22/2020 12:30:37 PM
Date
7/23/2020 1:07:02 PM
Date
In tertrovernmental 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 2111 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. l neattement and Relationshin 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 shall abide by the tet7ns 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.
S. Obligations of Oaldand 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.
g. 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. Scone of Services and Ohlieations of the County. In addition to any other
obligations of the County set forth in this Agreement, the County agrees to:
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 Pavment Terms. Oakland Schools and the County agree that Oakland
Schools will pay an annual fee for the Setvices, 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: it $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 Unon Information. The Services that the County has agreed to
provide tinder 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 cant' 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.
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 immnunity 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. Comaliance 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 el seq.; the Health Insurance
Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Star. 1936 ("HIPAX); the
Health Information Technology for Economic and Clinical Health Act (the "HITECH Act'; Title
XII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act
of 2009, Pub. L. No, 111-5 ("ARRA"); the Michigan Mental Health Code, MCL 330,1001 et
seq.; and the Administrative Rules and Recipient Rights Policies of the MDCH. Additionally,
the Parties acknowledge that the services provided herein may require the County to disclose
Youth's Protected Health Information ("PHI"), as that term is defined in 45 CFR 160,102, to
Oakland Schools. Further, the Parties acknowledge that this Agreement may establish a business
associate relationship as such is defined under HIPAA and the HITECH Act, To this end, the
County is obligated to protect the unauthorized disclosure of such PHI beyond that which is the
minimum necessary to perform services tinder 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 ("PERPA").
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:
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
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 he sent.
b. Entire Aurtxnrenl. 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. Cgptions. 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.
g. Governing Law. This Agreement shall be governed by, construed and enforced in
accordance with, the laws of the State of Michigan. The Parties agree, consent
and submit to the personal jurisdiction of any competent court of jurisdiction in
Oakland County, Michigan, for any action brought against it arising out of this
Agreement, in any courts other than those in the County of Oakland, State of
Michigan.
b. Successors and Assigns. No Party may assign this Agreement without the written
consent of the other Parties.
i. Conntcroarts. 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.
j. Effective Date. The Effective Date of this Agreement is the date identified in
Section 3 of this Agreement.
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. Authorizcd Sianatory. 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 COUNTY OF OAKLAND
In
Its: Superintendent Its:
Date: Date:
7
Resolution #21014
January 21, 2021
Moved by Gingell seconded by Nelson the resolutions on the Consent Agenda be adopted.
AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn,
Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Slow, Weipert, Woodward,
Cavell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted.
Moved by Gingell seconded by Kowall MR #21002 be amended as follows:
Add the following Commissioners as co-sponsors of the resolution:
Bob Hoffman, District #2; Adam Kochenderfer, District #15; Eileen Kowall, District #6;
Thomas Kuhn, District #12; Christine Long, District #7; Gary McGillivray, District #20; Chuck
Moss, District #12; Philip Weipert, District #8; Charlie Cavell, District #18; Yolanda Charles,
District #17; Janet Jackson, District #21; Karen Joliat, District #4; Penny Luebs, District #16;
Gwen Markham, District #9; William Miller, District #14; Kristen Nelson, District #5; Angela
Powell, District #10
Discussion followed.
A sufficient majority having voted in favor the amendment carried.
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 Cornnssioners on January 21,
2021, 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 2V day of January, 2021.
—�
Lisa Brown, Oakland County