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HomeMy WebLinkAboutReports - 2023.09.21 - 40570 AGENDA ITEM: FY 2024 Interlocal Agreement with Oakland Community Health Network (OCHN) for Jail Alliance with Support (JAWS) Program DEPARTMENT: Sheriff’s Office MEETING: Board of Commissioners DATE: Thursday, September 21, 2023 9:30 AM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3312 Motion to approve the attached Interlocal Agreement with the Oakland County Health Network for the Jail Alliance with Support Program in the amount of $202,394 for the time period October 1, 2023 through September 30, 2024 and to continue one (1) GF/GP full-time eligible (FTE) Inmate Caseworker position (#4030301 – 06577), and two (2) GF/GP part-time non-eligible (PTNE) 1,000 hours per year Inmate Caseworker positions (#4030301 – 11611 and 11612); further, amend the FY 2024 budget as detailed in the attached Schedule A. ITEM CATEGORY SPONSORED BY Contract Penny Luebs INTRODUCTION AND BACKGROUND The Oakland County Sheriff’s Office is entering into an interlocal agreement with the Oakland County Health Network (OCHN) for the Jail Alliance with Support (JAWS) Program for the time period October 1, 2023 through September 30, 2024. The JAWS program seeks to divert offenders with mental health needs from custody to more appropriate community-based resources. The OCHN will reimburse the County in the amount not to exceed $202,394 for one (1) full-time eligible (FTE) Inmate Caseworker position (#06577) to offer mental health services to inmates having serious and persistent mental illnesses and two (2) part-time non-eligible (PTNE) Inmate Caseworker positions (#11611 and 11612) to work on the JAWS program for October 1, 2023 through September 30, 2024. The not to exceed amount for the FTE Inmate Caseworker position (#06577) is $124,270 and the not to exceed amount for the two PTNE Inmate Caseworker positions (#11611 and 11612) is $78,124. POLICY ANALYSIS The continuation of these positions is contingent upon continued reimbursement funding. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Curtis Childs Gaia Piir, Sheriff Fiscal Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 9/21/2023 AGENDA DEADLINE: 09/21/2023 9:30 AM ATTACHMENTS 1. FY24 OCHN JAWS Interlocal Agreement Schedule A 2. Grant Review Sign-Off 3. 2023.08.24_OCHN_JAWS Interlocal Final_MAJ_RM_CO_approved COMMITTEE TRACKING 2023-09-19 Public Health & Safety - Recommend and Forward to Finance 2023-09-20 Finance - Recommend to Board 2023-09-21 Full Board - Adopt Motioned by: Commissioner Charles Cavell Seconded by: Commissioner Yolanda Smith Charles Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (15) No: None (0) Abstain: None (0) Absent: William Miller III, Gary McGillivray, Michael Gingell, Penny Luebs (4) Passed Oakland County, Michigan SHERIFF'S OFFICE – FY2024 INTERLOCAL AGREEMENT WITH OAKLAND COMMUNITY HEALTH NETWORK (OCHN) FOR JAIL ALLIANCE WITH SUPPORT (JAWS) PROGRAM Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND) Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliat e (BFA) Ledger Account Summary Account Title FY 2024 Amendment FY 2025 Amendment FY 2026 Amendment R General Fund Grants Sheriff Corrective Services FND10101 CCN4030301 RC631799 PRG112650 GRN-1004244 630000 Reimb. Contracts $202,394 $-$- Total Revenues $202,394 $-$- E General Fund Non-Departmental FND10100 CCN9090101 SC730359 PRG196030 730000 Contingency $202,394 $-$- Total Expenditures $202,394 $-$- 9/1/2023 GRANT REVIEW SIGN-OFF – Sheriff’s Office GRANT NAME: FY 2024 JAWS Program Grant FUNDING AGENCY: Oakland Community Health Network DEPARTMENT CONTACT PERSON: Jody Barrigan 248-858-4034 STATUS: Grant Acceptance (Greater than $10,000) DATE: 09/05/2023 Please be advised that the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign- off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved – Sheryl Johnson (08/31/2023) Human Resources: Approved by Human Resources. Continues 1 FTE and 3 PTNE positions with no change. HR action not needed. – Heather Mason (08/30/2023) Risk Management: Approved. Agreement allows the county to self-insure. No additional insured requirements. – Robert Erlenbeck (09/05/2023) Corporation Counsel: Approved – Mary Ann Jerge (09/05/2023) Page 1 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT FY2024 INTERLOCAL AGREEMENT FOR THE JAWS PROGRAM BETWEEN COUNTY OF OAKLAND AND OAKLAND COMMUNITY HEALTH NETWORK This Agreement (the "Agreement") is made between County of Oakland, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and the Oakland Community Health Network (“OCHN”), a Michigan Statutory Public Governmental Entity (MCL 330.1100a(12), Federal Employer I.D. #38- 3437521), created pursuant to the Michigan Mental Health Code (P.A. 1974, No. 258, MCL 330.1100, et seq., hereafter “Mental Health Code”), 5505 Corporate Drive, Troy, MI 48098. In this Agreement, reference to the County shall include reference to the Oakland County Sheriff’s Office (“OCSO”). In this Agreement, the County and OCHN may be referred to individually as "Party" or jointly as "Parties." PURPOSE OF AGREEMENT. County and OCHN enter into this Agreement pursuant to the Urban Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 et seq.,for the purpose of OCHN to provide funding to the County to support the ongoing services for the Jail Alliance with Support (“JAWS”) program. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1.DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, shall be defined, read, and interpreted as follows: 1.1.Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, Exhibit and attachment. 1.2.Agreement Documents means the following documents, which this Agreement includes and incorporates: 1.2.1. Exhibit I: Business Associate Agreement 1.2.2. Exhibit II: Funding for Inmate Caseworker Positions 1.2.3. Exhibit III: Inmate Caseworker Position Job Description 1.3.Claims mean any and all third-party losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against County or OCHN, or for which County or OCHN may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. Page 2 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT 1.4.Confidential Information means all information and data that County or OCHN is required or permitted by law to keep confidential, including records of County’ security measures, including security plans, security codes and combinations, passwords, keys, and security procedures, to the extent that the records relate to ongoing security of County as well as records or information to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs relating to ongoing security measures, capabilities and plans for responding to violations of the Michigan Anti-terrorism Act, emergency response plans, risk planning documents, threat assessments and domestic preparedness strategies. 1.5.County means Oakland County, a Municipal and Constitutional Corporation, including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons’ successors. 1.6.Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.7.Points of Contact mean the individuals designated by OCHN and identified to County to act as contacts for communication and other purposes as described herein. 1.1.Jail Alliance with Support Program (“JAWS Program”) is a jail based protocol made possible by receipt of funding by OCHN. This protocol is a collaboration between the County, Sheriff, OCHN and OCHN’s contracted provider network. JAWS seeks to divert offenders with mental health needs from custody to more appropriate community-based resources. 1.8.OCHN means the statutorily created public agency that is responsible for the provision of public behavioral health services in Oakland County and its Board, its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons’ successors. 1.9.Oakland County Jail (“OCJ”) means the security facility run and managed by the OCSO, located at 1201 N. Telegraph Road, Bldg. #10 East, Pontiac, MI 48341. 1.10.Oakland County Sheriff’s Office (“OCSO”) means the Sheriff and the County. 2.COUNTY RESPONSIBILITIES. 2.1. OCSO shall comply with the terms of this Agreement and perform its obligations contained in Exhibit II and subject to any amendments pursuant to Section 4 of this Agreement. 2.2.Access to OCJ. OCSO will grant OCHN limited access to certain areas within the Jail for JAWS Services under this Agreement. The specific areas will be determined by the Sheriff, in his/her sole discretion. Access will be provided on an “as-is” and “as-available” basis, to the maximum extent permitted by applicable law. The Sheriff may immediately revoke access to the Jail, at any time, for any reason. 2.3.Security. OCSO may, at all times, take such action that it believes, in its sole discretion, is appropriate to maintain the safety and security of the inmates in accordance with OCSO policies and procedures. Page 3 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT 2.4.Immediate Termination. The Parties may terminate or cancel this Agreement, in whole or in part, immediately, upon notice that any third-party funding for this Agreement is reduced, eliminated or terminated. 2.5. County is not obligated or required to provide any additional services not specified in this Agreement. 2.6. County may access, use, and disclose transaction information and any content to comply with the law, such as a subpoena, court order, or Freedom of Information Act request. County shall first refer all such requests for information to OCHN’s Points of Contact for their response within the required time frame to the extent possible. County will provide commercially reasonably assistance for the response if requested by OCHN's Points of Contact, and if reasonably able to access the requested information. 2.7. County shall maintain, at its expense, during the term of this Agreement the following insurance or governmental self-insurance: Required Limits Additional Requirements Commercial General Liability Insurance Minimum Limits: $1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Automobile Liability Insurance Minimum Limits: $1,000,000 Per Accident Workers' Compensation Insurance Minimum Limits: Coverage according to applicable laws governing work activities Waiver of subrogation, except where waiver is prohibited by law. Employers Liability Insurance Page 4 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT Minimum Limits: $500,000 Each Accident $500,000 Each Employee by Disease $500,000 Aggregate Disease Privacy and Security Liability (Cyber Liability) Insurance Minimum Limits: $3,000,000 Each Claim $3,000,000 Annual Aggregate County must have their policy cover information security and privacy liability, privacy notification costs, regulatory defense and penalties, and website media content liability. Professional Liability (Errors and Omissions) Insurance Minimum Limits: $3,000,000 Each Claim $3,000,000 Annual Aggregate All commercial insurance must be effected under valid and enforceable policies, issued by recognized, responsible insurers qualified to conduct business in Michigan which are well-rated by national rating organizations. All companies providing the required coverage shall be licensed or approved by the Insurance Bureau of the State of Michigan and shall have a financial rating not lower than XI and a policyholder's service rating not lower than [A-] as listed in A.M. Best's Key Rating guide, current edition or interim report. Contractor must submit certificates evidencing the insurance or governmental self-insurance to OCHN at the time the Contractor executes this Contract, and as soon as practicable but prior to the expiration dates of expiring policies. 3.OCHN RESPONSIBILITIES. 3.1. OCHN shall comply with all terms and conditions in this Agreement, including each selected Exhibit. OCHN is not obligated or required to provide any additional services that are not specified in this Agreement 3.2. Subject to the terms and conditions contained in this Agreement and applicable changes in law, OCHN will continue to perform the following: 3.2.1.Funding. OCHN will fully fund a full-time eligible Inmate Caseworker position and two part-time non-eligible Inmate caseworker positions as set forth in Exhibit II and subject to any amendments pursuant to Section 4 of this Agreement. Page 5 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT 3.3. OCHN shall designate a representative(s) to act as a Point of Contact with County. The Point of Contact’s responsibilities shall include: 3.3.1. Direct coordination and interaction with County staff. 3.3.2. Communication with the general public when appropriate. 3.4. OCHN shall respond to and be responsible for Freedom of Information Act requests relating to OCHN’s records, data, or other information. 3.5. Third-party product or service providers may require County to pass through to OCHN certain terms and conditions contained in license agreements, service agreements, acceptable use policies and similar terms of service or usage, in order to provide Services to OCHN. County shall provide OCHN with any applicable terms and conditions. OCHN agrees to comply with these terms and conditions. OCHN must follow the termination provisions of this Agreement if it determines that it cannot comply with any of the terms and conditions. 4.TERM AND RENEWAL 4.1.Term. This Agreement shall begin on October 1, 2023 and shall expire on September 30, 2024. 4.2.Renewal. The Parties are under no obligation to renew or extend this Agreement. 4.3.Agreement Modifications or Amendments. This Agreement and any amendments shall be effective when executed by both Parties with resolutions passed by the governing bodies of each Party except as otherwise specified below. The approval and terms of this Agreement and any amendments, except as specified below, shall be entered in the official minutes of the governing bodies to the extent required by that Party’s governing body. An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State. OCHN shall secure the approval and signature in accordance with its policies and procedures. 4.4. Notwithstanding Section 4.1, the Chairperson of the Oakland County Board of Commissioners is authorized to sign amendments to the Agreement to add Exhibits that were previously approved by the Board of Commissioners. An amendment signed by the Board Chairperson under this Section must be sent to the Election Division in the County Clerk’s Office to be filed with the Agreement once it is signed by both Parties. 4.5. Unless extended by an Amendment, this Agreement shall remain in effect for the Term, unless cancelled or terminated by any of the Parties pursuant to the terms of the Agreement. 5.PAYMENTS. 5.1. Fees, charges, rates, and payment terms are provided in the Exhibits, if applicable. 5.2. Nothing in this Section shall operate to limit County’s right to pursue or exercise any other legal rights or remedies under this Agreement or at law against OCHN to secure payment of amounts due to County under this Agreement. The remedies in this Section shall be available to County on an ongoing and successive basis if OCHN becomes delinquent in its payment. Notwithstanding any other term and condition in this Agreement, if County pursues any legal action in any court to secure its payment under this Agreement, OCHN agrees to pay all costs Page 6 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT and expenses, including attorney fees and court costs, incurred by County in the collection of any amount owed by OCHN. 5.3. Either Party’s decision to terminate and/or cancel this Agreement, or any one or more of the individual Exhibits identified in this Agreement, shall not relieve the other Party of any payment obligation prior to the effective date of any termination or cancellation of this Agreement. The provisions of this Subsection shall survive the termination, cancellation, and/or expiration of this Agreement. 6.ASSURANCES. 6.1.Responsibility for Claims. Each Party shall be responsible for any Claims made against that Party by a third party, and for the acts of its employees arising under or related to this Agreement. 6.2.Responsibility for Attorney Fees and Costs. Except as provided in this Agreement, in any Claim that may arise from the performance of this Agreement, each Party shall seek its own legal representation and bear the costs associated with such representation, including judgments and attorney fees. 6.3.No Indemnification. Except as otherwise provided for in this Agreement, neither Party shall have any right under this Agreement or under any other legal principle to be indemnified or reimbursed by the other Party or any of its agents in connection with any Claim. 6.4.Costs, Fines, and Fees for Noncompliance. Each Party shall be solely responsible for all costs, fines, penalties, and fees associated with its acts or omissions related to this Agreement and/or for noncompliance with this Agreement. 6.5.Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for either Party. 6.6.Authorization and Completion of Agreement. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 6.7.Compliance with Laws. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. 7. USE OF CONFIDENTIAL INFORMATION 7.1. The Parties shall not reproduce, provide, disclose, or give access to Confidential Information to County or OCHN employees, agents, or contractors not having a legitimate need to know the Confidential Information, or to any third-party. County and OCHN shall only use the Confidential Information for performance of this Agreement. Notwithstanding the foregoing, the Parties may disclose the Confidential Information if required by law, statute, or other legal process provided that the Party required to disclose the information: (i) provides prompt written notice of the impending disclosure to the other Party, (ii) provides reasonable assistance in opposing or limiting the disclosure, and (iii) makes only such disclosure as is compelled or required. This Agreement imposes no obligation upon the Parties with respect to any Page 7 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT Confidential Information when it can be established by legally sufficient evidence that the Confidential Information: (i) was in possession of or was known by prior to its receipt from the other Party, without any obligation to maintain its confidentiality; or (ii) was obtained from a third party having the right to disclose it, without an obligation to keep such information confidential. 7.2. Subject to any record retention laws or legal requirements, within five (5) business days after receiving a written request from the other Party, or upon termination of this Agreement, the receiving Party shall return or destroy all of the disclosing Party’s Confidential Information. 8.DISCLAIMER OF WARRANTIES. 8.1. ALL SERVICES, INCLUDING ANY GOODS, SERVICES, PARTS, SUPPLIES, EQUIPMENT, OR OTHER ITEMS THAT ARE PROVIDED TO THE OTHER PARTY UNDER THIS AGREEMENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, “WITH ALL FAULTS.” 8.2. EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. 8.3. EACH PARTY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET THE OTHER PARTY’S REQUIREMENTS; OR (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE. 9.LIMITATION OF LIABILITY. 9.1. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AND/OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, REGARDLESS OF WHETHER THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, EQUITY, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY OCHN TO COUNTY WITH RESPECT TO THE PARTICULAR SERVICE GIVING RISE TO SUCH LIABILITY. 10.DISPUTE RESOLUTION. All disputes relating to the execution, interpretation, performance, or nonperformance of this Agreement involving or affecting the Parties may first be submitted to County's Director of Public Services and OCHN’s Agreement Administrator/Point of Contact for possible resolution. County's Director of Public Services and OCHN’s Agreement Administrator/Point of Contact may promptly meet and confer in an effort to resolve such dispute. If they cannot resolve the dispute in five (5) business days, the dispute may be submitted to the chief executive officials of each Party or their designees. The chief executive officials or their designees may meet promptly and confer in an effort to resolve such dispute. 11.TERMINATION OR CANCELLATION OF AGREEMENT. Page 8 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT 11.1. Either Party may terminate or cancel this entire Agreement or any one of the Services described in the attached Exhibits, upon one hundred twenty (120) days written notice, if either Party decided, in its sole discretion, to terminate this Agreement or one of the Exhibits, for any reason including convenience. 11.2. RESERVED 11.3. The effective date of termination and/or cancellation shall be clearly stated in the written notice. Either the County Executive or the Board of Commissioners is authorized to terminate this Agreement for County under this provision. A termination of one or more of the Exhibits which does not constitute a termination of the entire Agreement may be accepted on behalf of County by its Director of Public Services. 12.SUSPENSION OF SERVICES. County, through its Director of Public Services, or OCHN through its Chief Executive Officer, may immediately suspend Services for any of the following reasons: (i) requests by law enforcement or other governmental agencies; (ii) engagement by either Party in fraudulent or illegal activities relating to the Services provided herein; (iii) breach of the terms and conditions of this Agreement; or (iv) unexpected technical or security issues. The right to suspend Services is in addition to the right to terminate or cancel this Agreement according to the provisions in Section 11. Neither Party shall incur any penalty, expense or liability if Services are suspended under this Section. 13.DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 14.NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be construed as creating an employee-employer relationship between County and OCHN. At all times and for all purposes under this Agreement, the Parties’ relationship to each other is that of an independent contractor. Each Party will be solely responsible for the acts of its own employees, contractors, agents, and servants during the term of this Agreement. No liability, right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Agreement. 15.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. 16.NO IMPLIED WAIVER. 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. 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. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 17.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. 18.PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms and conditions of any of the documents that comprise this Agreement, the terms in the Agreement Page 9 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT shall prevail and take precedence over any allegedly conflicting terms and conditions in the Exhibits or other documents that comprise this Agreement. 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, any reference to gender, and any use of the nominative, objective or possessive case in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 20.FORCE MAJEURE. Notwithstanding any other term or provision of this Agreement, neither Party shall be liable to the other for any failure of performance hereunder if such failure is due to any cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, fire, explosion, vandalism, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, other labor difficulties, or any law, order, regulation, direction, action, or request of the United States government or of any other government. Reasonable notice shall be given to the affected Party of any such event. 21.NOTICES. Except as otherwise provided in the Exhibits, 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: (i) the date of actual receipt; (ii) the next business day when notice is sent express delivery service or personal delivery; or (iii) three days after mailing first class or certified U.S. mail. 21.1. If Notice is sent to County, it shall be addressed and sent to: 1) County’s Supervisor of Program Services at the OCJ Jodi Barringer, 1200 North Telegraph Road, Bldg. 10E, Pontiac, MI 48341, and 2) the Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, Michigan 48341. 21.2. If Notice is sent to OCHN, it shall be addressed to: 1) Director of Training, 5505 Corporate Drive, Troy, MI 48098, and 2) Chief Legal Officer, 5505 Corporate Drive, Troy, MI 48098. 21.3. Either Party may change the individual to whom Notice is sent and/or the mailing address by notifying the other Party in writing of the change. 22.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 23.SURVIVAL OF TERMS. The following terms and conditions shall survive and continue in full force beyond the termination or cancellation of this Contract (or any part thereof) until the terms and conditions are fully satisfied or expire by their nature: Definitions (Section 1); Assurances (Section 6); Use of Confidential Information (Section 7); Disclaimer of Warranties (Section 8); Limitation of Liability (Section 9); Dispute Resolution (Section 10); No Employee-Employer Relationship (Section 14); No Third-Party Beneficiaries (Section 15); No Implied Waiver (Section 16); Page 10 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT Severability (Section 17); Precedence of Documents (Section 18); Force Majeure (Section 20); Governing Law/Consent to Jurisdiction and Venue (Section 22); Survival of Terms (Section 23); Entire Agreement (Section 24). 24.ENTIRE AGREEMENT. 24.1. This Agreement represents the entire agreement and understanding between the Parties regarding the Services described in the attached Exhibits. With regard to those Services, this Agreement supersedes all other oral or written agreements between the Parties. 24.2. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties, by signing below, enter into this Interlocal Agreement for the JAWS Program in the Oakland County Jail. FOR THE OAKLAND COMMUNITY HEALTH NETWORK: ___________________________________________Date:______________ Adam Jenovai Chief Operating Officer / Deputy Executive Director ___________________________________________Date: ______________ Patrick Franklin Interim Chief Financial Officer FOR COUNTY OF OAKLAND: Date:______________ David T. Woodward, Chairperson Oakland County Board of Commissioners Page 11 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT EXHIBIT I: BUSINESS ASSOCIATE AGREEMENT (Health Insurance Portability and Accountability Act Requirements) Exhibit I is a Business Associate Agreement between Contractor (“Business Associate”) and the County (“Covered Entity”). This Exhibit is incorporated into the Contract and shall be hereinafter referred to as “Agreement.” The purpose of this Agreement is to facilitate compliance with the Privacy and Security Rules and to facilitate compliance with HIPAA and the HITECH Amendment to HIPAA. §1. DEFINITIONS. The following terms have the meanings set forth below for purposes of the Agreement, unless the context clearly indicates another meaning. Terms used but not otherwise defined in this Agreement have the same meaning as those terms in the Privacy Rule. 1.1 Business Associate. “Business Associate” means the Contractor. 1.2 CFR. “CFR” means the Code of Federal Regulations. 1.3 Contract. “Contract” means the document with the Purchasing Contract Number. 1.4 Contractor. “Contractor” means the entity or individual defined in the Contract and listed on the first page of this Contract. 1.5 Covered Entity. “Covered Entity” means the County of Oakland as defined in the Contract. 1.6 Designated Record Set. “Designated Record Set” is defined in 45 CFR 164.501. 1.7 Electronic Health Record. “Electronic Health Record” means an electronic record of health- related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff. 1.8 HIPAA. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996. 1.9 HITECH Amendment. “HITECH Amendment” means the changes to HIPAA made by the Health Information Technology for Economic and Clinical Health Act. 1.10 Individual. “Individual” is defined in 45 CFR 160.103 and includes a person who qualifies as a personal representative in 45 CFR 164.502(g). 1.11 Privacy Rule. “Privacy Rule” means the privacy rule of HIPAA as set forth in the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. 1.12 Protected Health Information. “Protected Health Information” or “PHI” is defined in 45 CFR 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. 1.13 Required By Law. “Required By Law” is defined in 45 CFR 164.103. 1.14 Secretary. “Secretary” means the Secretary of the Department of Health and Human Services or his or her designee. Page 12 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT 1.15 Security Incident. “Security Incident” is defined in 45 CFR 164.304. 1.16 Security Rule. “Security Rule” means the security standards and implementation specifications at 45 CFR part 160 and part 164, subpart C. §2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE. Business Associate agrees to perform the obligations and activities described in this Section. 2.1 Business Associate understands that pursuant to the HITECH Amendment, it is subject to the HIPAA Privacy and Security Rules in a similar manner as the rules apply to Covered Entity. As a result, Business Associate shall take all actions necessary to comply with the HIPAA Privacy and Security Rules for business associates as revised by the HITECH Amendment, including, but not limited to, the following: (a) Business Associate shall appoint a HIPAA privacy officer and a HIPAA security officer; (b) Business Associate shall establish policies and procedures to ensure compliance with the Privacy and Security Rules; (c) Business Associate shall train its workforce regarding the Privacy and Security Rules; (d) Business Associate shall enter into a privacy/security agreement with Covered Entity; (e) Business Associate shall enter into privacy/security agreements with its subcontractors that perform functions relating to Covered Entity involving PHI; (f) Business Associate shall conduct a security risk analysis; and (g) Business Associate shall provide documentation upon request in relation to performance under this section. 2.2 Business Associate shall not use or disclose PHI other than as permitted or required by this Agreement or as required by law. 2.3 Business Associate shall use appropriate safeguards to prevent use or disclosure of the PHI. Business Associate shall implement administrative, physical, and technical safeguards (including written policies and procedures) that reasonably and appropriately protect the confidentiality, integrity, and availability of PHI that it creates, receives, maintains, or transmits on behalf of Covered Entity as required by the Security Rule. 2.4 Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of law or this Agreement. 2.5 Business Associate shall report to Covered Entity any known Security Incident or any known use or disclosure of PHI not permitted by this Agreement. 2.6 Effective September 23, 2009 or the date this Agreement is signed, if later, Business Associate shall do the following in connection with the breach notification requirements of the HITECH Amendment: 2.6.1 If Business Associate discovers a breach of unsecured PHI, as those terms are defined by 45 CFR 164.402, Business Associate shall notify Covered Entity without unreasonable delay but no later than ten (10) calendar days after discovery. For this purpose, “discovery” means the first day on which the breach is known to Business Associate or should have been known by exercising reasonable diligence. Business Associate shall be deemed to have knowledge of a breach if the breach is known or should have been known by exercising reasonable diligence, to any person, other than the person committing the breach, who is an employee, officer, subcontractor, or other Page 13 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT agent of Business Associate. The notification to Covered Entity shall include the following: (a) identification of each individual whose unsecured PHI has been breached or has reasonably believed to have been breached, and (b) any other available information in Business Associate’s possession that the Covered Entity is required to include in the individual notice contemplated by 45 CFR 164.404. 2.6.2 Notwithstanding the immediate preceding subsection, Business Associate shall assume the individual notice obligation specified in 45 CFR 164.404 on behalf of Covered Entity where a breach of unsecured PHI was committed by Business Associate or its employee, officer, subcontractor, or other agent of Business Associate or is within the unique knowledge of Business Associate as opposed to Covered Entity. In such case, Business Associate shall prepare the notice and shall provide it to Covered Entity for review and approval at least five (5) calendar days before it is required to be sent to the affected individual(s). Covered Entity shall promptly review the notice and shall not unreasonably withhold its approval. 2.6.3 Where a breach of unsecured PHI involves more than five hundred (500) individuals and was committed by the Business Associate or its employee, officer, subcontractor, or other agent or is within the unique knowledge of Business Associate as opposed to Covered Entity, Business Associate shall provide notice to the media pursuant to 45 CFR 164.406. Business Associate shall prepare the notice and shall provide it to Covered Entity for review and approval at least five (5) calendar days before it is required to be sent to the media. Covered Entity shall promptly review the notice and shall not unreasonably withhold its approval. 2.6.4 Business Associate shall maintain a log of breaches of unsecured PHI with respect to Covered Entity and shall submit the log to Covered Entity within thirty (30) calendar days following the end of each calendar year, so that the Covered Entity may report breaches to the Secretary in accordance with 45 CFR 164.408. This requirement shall take effect with respect to breaches occurring on or after September 23, 2009. 2.7 Business Associate shall ensure that any agent or subcontractor to whom it provides PHI, received from Covered Entity or created or received by Business Associate on behalf of Covered Entity, agrees in writing to the same restrictions and conditions that apply to Business Associate with respect to such information. Business Associate shall ensure that any such agent or subcontractor implements reasonable and appropriate safeguards to protect Covered Entity’s PHI. 2.8 Business Associate shall provide reasonable access, at the written request of Covered Entity, to PHI in a Designated Record Set to Covered Entity or, as directed in writing by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524. 2.9 Business Associate shall make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs in writing or agrees to pursuant to 45 CFR 164.526. 2.10 Following receipt of a written request by Covered Entity, Business Associate shall make internal practices, books, and records reasonably available to the Secretary in order to determine Covered Entity's compliance with the Privacy Rule. The afore mentioned materials include policies and Page 14 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT procedures and PHI relating to the use and disclosure of PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity. 2.11 Business Associate shall document disclosures of PHI and information related to such disclosures, to permit Covered Entity to respond to a request by an Individual for: (a) an accounting of disclosures of PHI in accordance with 45 CFR 164.528 or (b) effective January 1, 2011 or such later effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures PHI from an Electronic Health Record in accordance with the HITECH Amendment. 2.12 Following receipt of a written request by Covered Entity, Business Associate shall provide to Covered Entity or an Individual information collected in accordance with Section 2 to permit Covered Entity to respond to a request by an Individual for: (a) an accounting of disclosures of PHI in accordance with 45 CFR 164.528 or (b) effective as of January 1, 2011 or such later effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures of Protected Health Information from an Electronic Health Record in accordance with the HITECH Amendment. §3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE. Business Associate may use and disclose PHI as set forth in this Section. 3.1 Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for or on behalf of Covered Entity as specified in the underlying service agreement between Covered Entity and Business Associate, provided that such use or disclosure shall not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity. If no underlying service agreement exists between Covered Entity and Business Associate, Business Associate may use or disclose PHI to perform functions, activities, or services for or on behalf of Covered Entity for the purposes of payment, treatment, or health care operations as those terms are defined in the Privacy Rule, provided that such use or disclosure shall not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity. 3.2 Except as otherwise limited in this Agreement, Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 3.3 Except as otherwise limited in this Agreement, Business Associate may disclose PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are Required by Law or Business Associate obtains reasonable assurances in writing from the person to whom the information is disclosed that: (a) the disclosed PHI will remain confidential and will be used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person and (b) the person notifies the Business Associate of any known instances in which the confidentiality of the information has been breached. Page 15 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT 3.4 Except as otherwise limited in this Agreement, Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B). 3.5 Business Associate may use PHI to report violations of law to appropriate federal and state authorities, consistent with 45 CFR 164.502(j)(1). §4. OBLIGATIONS OF COVERED ENTITY. 4.1 Covered Entity shall notify Business Associate of any limitation(s) of Covered Entity in its notice of privacy practices in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of PHI. 4.2 Covered Entity shall notify Business Associate of any changes in or revocation of permission by an Individual to use or disclose PHI, to the extent that such changes may affect Business Associate’s use or disclosure of PHI. 4.3 Covered Entity shall use appropriate safeguards to maintain and ensure the confidentiality, privacy and security of PHI transmitted to Business Associate pursuant to this Agreement, the Contract, and the Privacy Rule, until such PHI is received by Business Associate, pursuant to any specifications set forth in any attachment to the Contract. 4.4 Covered Entity shall manage all users of the services including its qualified access, password restrictions, inactivity timeouts, downloads, and its ability to download and otherwise process PHI. 4.5 The Parties acknowledge that Covered Entity owns and controls its data. 4.6 Covered Entity shall provide Business Associate with a copy of its notice of privacy practices produced in accordance with 45 CFR Section 164.520, as well as any subsequent changes or limitation(s) to such notice, to the extent such changes or limitations may affect Business Associate’s use or disclosure of PHI. Covered Entity shall provide Business Associate with any changes in or revocation of permission to use or disclose PHI, to the extent the changes or revocation may affect Business Associate’s permitted or required uses or disclosures. To the extent that the changes or revocations may affect Business Associate’s permitted use or disclosure of PHI, Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR Section 164.522. Covered Entity may effectuate any and all such notices of non-private information via posting on Covered Entity’s web site. §5. EFFECT OF TERMINATION. 5.1 Except as provided in Section 5, upon termination of this Agreement or the Contract, for any reason, Business Associate shall return or destroy (at Covered Entity’s request) all PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of PHI. 5.2 If Business Associate determines that returning or destroying the PHI is infeasible, Business Associate shall provide to Covered Entity written notification of the conditions that make return Page 16 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT or destruction infeasible. Upon receipt of written notification that return, or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and shall limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI, which shall be for a period of at least six (6) years. §6 MISCELLANEOUS. 6.1 This Agreement is effective when the Contract is executed or when Business Associate becomes a Business Associate of Covered Entity and both Parties sign this Agreement, if later. However, certain provisions have special effective dates, as set forth herein or as set forth in HIPAA or the HITECH Amendment. 6.2 Regulatory References. A reference in this Agreement to a section in the Privacy Rule or Security Rule means the section as in effect or as amended. 6.3 Amendment. The Parties agree to take action to amend this Agreement as necessary for Covered Entity to comply with the Privacy and Security requirements of HIPAA. If the Business Associate refuses to sign such an amendment, this Agreement shall automatically terminate. 6.4 Survival. The respective rights and obligations of Business Associate and Covered Entity under this Agreement shall survive the termination of this Agreement and/or the Contract. Page 17 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT EXHIBIT II: FUNDING FOR INMATE CASEWORKER POSITIONS 1)OCHN shall fund the County in a NOT TO EXCEED (NTE) amount for the following: •$124,270.00 for the cost of one (1) full-time eligible Inmate Caseworker, including full-time fringe benefits. •$78,124.00 ($40,885.00 and $37,239.00) for the cost of two (2) part-time non-eligible Inmate Caseworkers including the following fringe benefits: 1) FICA; 2) Unemployment; 3) Workers Comp; and 4) Retirement Contribution for Health Savings Accounts. 2) The County will be compensated in the amount of $202,394.00 after October 1, 2023. To ensure timely payment, the County shall invoice OCHN for the full amount and direct the invoice to the attention of OCHN’s Chief Financial Officer. Prior to the close of FY24, the County will provide a cost settlement breakdown of the funding to OCHN’s Chief Financial Officer twenty (20) days after the end of the fiscal year. Cost settlement of this agreement will be based upon a comparison of the actual allowable expense for the Inmate Caseworker position and the amount paid by OCHN to the County, provided that the amount paid by OCHN to County shall not exceed the NTE amount in the Agreement. Any unspent funds will be returned by the County to OCHN within 30 days of the final settlement letter. 3) The full-time Inmate Caseworker shall follow the County job description for Inmate Caseworker as attached in Exhibit III. 4) The part-time Inmate Caseworker shall be assigned duties related to the JAWS program. Duties shall include: a. Entry into JAWS i. JAWS candidates are misdemeanant and non-assaultive felony inmates who have mental health needs. Candidates can be at pre-trial status or sentenced to jail time. ii. Candidates are identified from a number of sources including: caseworkers, deputies, inmate self-referral and community agencies. iii. Participants have received a mental health assessment, psychiatric services and medication. iv. Screening interviews are conducted to determine the inmate’s motivation and appropriateness for placement. An agreement is signed by the candidate and they are then placed on a list to start the orientation group. b. JAWS Treatment Readiness Page 18 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT i. A one-week orientation group introduces the individual to what JAWS offers and measures the candidate’s motivation. ii. Following orientation, participants begin the three-week treatment readiness curriculum. The curriculum focuses on addiction issues, managing dual- diagnosis challenges and life skills. The curriculum also uses Moral Recognition Therapy Workbook titled, “How to Escape Your Prison.” iii. Participants attend a variety of groups; receive one-on-one casework services and regular psychiatric reviews/support. c. Discharge Planning and Jail Diversion i. After acceptance into J.A.W.S., the participant meets with a caseworker to begin the discharge planning process. ii. Through established partnerships with community agencies, referrals are made to agencies which can include substance abuse, mental health and housing services, with input from the participant. iii. Once the discharge plan process is completed, a letter is sent to the court requesting consideration for Jail Diversion. iv. Jail Diversion is defined as: a sentence amended by a judge to an individual who is then released from jail, back into the community to continue treatment. The decision for Jail Diversion is always contingent upon approval by the Judge(s). v. The individual is given a prescription for medications and discharge instructions on where to access outpatient services. d. Tracking Once a participant is released from jail, follow-up tracking is conducted for 30 days. The purpose of tracking is to offer continued supportive services to participants and gather outcome data. Information being tracked includes attendance and compliance with treatment referrals specified in the discharge plan. Medication compliance and drug/alcohol use are also monitored. For those granted a Jail Diversion, the courts are notified if the participant is non-compliant with the discharge plan. 4)The OCSO will provide the following data to OCHN on a quarterly basis: a.Number of inmates screened for JAWS placement b.Number of Inmates who started the JAWS program (male and female) c.Number of Inmates removed from JAWS prior to completing the in-jail program d.Post book jail diversions granted to JAWS program graduates e.JAWS graduates who were opened with a Core Provider Agency post jail release f.Number of active individuals in the JAWS program g.Jail bed days saved by court approved post book jail diversion to JAWS graduates h.JAWS graduates who rebooked into OCJ within one year 5)The OCSO will provide the following data to OCHN at years end: Page 19 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT a. Non-JAWS related diversion for individuals with mental health needs b. Jail bed days saved by court approved post book diversion to Non-JAWS graduates Page 20 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT EXHIBIT III: INMATE CASEWORKER JOB DESCRIPTION Class Title: INMATE CASEWORKER Department: Sheriff’s Office / Corrective Services – Detention & Satellite Facilities Reports To: Supervisor Sheriff Program Services and/or Executive Lieutenant FLSA Status: Non-Exempt Salary Plan: UNI/121, HRL/121 GENERAL SUMMARY Conducts evaluation interviews with jail inmates to assess their needs and problems and make referrals to various inmate services programs and to a consulting psychiatrist when necessary. Determines cell placement for suicidal inmates. Provides mental health services which include crisis intervention, suicide prevention, substance abuse counseling, group, and individual counseling and pre and post- release referrals to human service agencies. May be assigned an afternoon or evening shift. Remains on call for afterhours emergencies on a rotating schedule with other Inmate Caseworkers. Utilizes current Countywide and/or department specific software to complete assignments. SUPERVISION EXERCISED May function as a leader over part-time student interns. Instructs, assigns, checks work and appraises performance. ESSENTIAL JOB FUNCTIONS Conducts interviews to assess the mental and physical health of inmates in order to determine a program/treatment plan and cell placement if appropriate. Refers inmates to consulting psychiatrist or other jail services such as chaplain, jail clinic, substance abuse, support groups, etc. Provides crisis intervention on an emergency basis as referred by the jail staff, inmate, inmate's family, or others. Identifies suicidal inmates and determines cell placement and level of suicide watch. Page 21 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT Performs a variety of inmate assessments, which include suicide watch and behavioral reviews, disciplinary/administrative segregation cell placement. Provides individual and group counseling, including cell counseling, relative to situational, interpersonal, and mental health problems. Monitors inmates presenting unusual behavioral or health issues and ensures that inmate receives appropriate care. Maintains timely documentation of all client and related contacts. Contacts inmate's family and other parties in order to gather additional information and to offer assistance in the form of family counseling and/or referral to community services. Confers with corrections staff and probation staff regarding issues of a particular case and/or provides specific recommendations. Consults with health professionals and/or psychiatrist relative to case progress, current treatment, and future treatment for inmates on caseload. Remains available for crisis intervention counseling in response to inmate emergencies, which may occur beyond normal office hours and/or during weekends on a rotating schedule with the other Inmate Caseworkers. Coordinates forensic evaluations and hospitalization of inmates. Ensures inmate's appointment and timely documentation with the court and facilitates transportation arrangements when needed. Conducts pre-release group counseling with inmates to prepare them for release and make referrals to community agencies as needed. Arranges and monitors on-going pre-release and arranges post-release human services for inmates such as mental health counseling, employment, education, housing, etc. when appropriate. May participate in the implementation of new departmental programming. Utilizes current Countywide and/or department specific software to complete assignments. ESSENTIAL MENTAL & PHYSICAL REQUIREMENTS Ability to communicate to accurately convey information. Ability to operate a motor vehicle and/or be a passenger. Page 22 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT WORKING CONDITIONS Work is performed in a typical correctional institution environment. May encounter situations where people could become confrontational. May participate in activities that require driving or being a passenger in an automobile or bus. 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, KNOWLEDGE, SKILLS & ABILITIES A. REQUIRED MINIMUM QUALIFICATIONS 1.Possess a Bachelor’s degree from an accredited college or university with a major in Psychology, Sociology, Social Work, Criminal Justice or closely related field of study. 2.Have had two (2) years of full-time work experience providing counseling in a mental health, substance abuse, educational or correctional setting. NOTE: A Master's degree in one of the academic fields listed above may be substituted for one year of experience. 3.Have not been convicted of a violation of criminal law. (Criminal law generally includes all offenses except traffic law, conservation law and liquor law. Generally, conviction for a violation of criminal law is automatically disqualifying.) 4.Possess a valid motor vehicle operator's or chauffeur's license. B. ADDITIONAL DESIRABLE QUALIFICATIONS 1.Considerable familiarity with correctional institutions and the criminal justice system. 2.Considerable experience and skill in interviewing and counseling practices, procedures, and techniques. 3.Reasonable knowledge of correction practices, procedures, and resources, including casework, group work and community organization methods. 4.Reasonable ability to prepare and present clinical written and oral reports. Page 23 of 23 FY2024 JAWS PROGRAM INTERLOCAL AGREEMENT 5.Reasonable ability to work with and gain the cooperation of criminal offenders. 6.Reasonable ability to communicate under adverse conditions with distressed people. 7.Reasonable ability to develop and maintain effective relationships with people. 8.Reasonable ability to cope with difficult situations requiring immediate decisions in accordance with departmental policies and objectives. 9.Reasonable ability to formulate plans of social and economic rehabilitation for individual cases. 10.Reasonable ability to utilize current word processing, spreadsheet, database, e-mail, and Internet software. C.SPECIAL REQUIREMENTS 1.Must maintain a valid motor vehicle operator's or chauffeur's license. 2.A background investigation will be conducted covering an evaluation of employment, school, home, criminal, military, or other personal records. Any conviction or convictions for moving traffic violations, accidents, non-moving traffic violations, or violations of other laws will be reviewed by the Sheriff Office before an applicant can be appointed. Information obtained during the background investigation will be considered in the hiring decision. Convictions of the Domestic Violence Statute will be a disqualifying factor. APPROVED BY: DATE: 05/30/2023