HomeMy WebLinkAboutResolutions - 2009.03.26 - 9813MISCELLANEOUS RESOLUTION #09043 March 5, 2009
BY: General Government Committee, Christine Long, Chairperson
IN RE; DEPARTEMNT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION -
INTERGOVERNMENTAL AGREEMENT WITH OAKLAND SCHOOLS FOR INFANT TODDLER
ASSESSMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen;
WHEREAS the Early On Program, through Oakland Schools, provides early
intervention services for infants and toddlers, birth to three (3) years of
age, with developmental delay(s) and/or disabilities, and their families,
and;
WHEREAS the Oakland County Department of Health and Human
Services/Health Division (OCHD) has existing capacity and personnel to
perform Infant Toddler Developmental Assessments to be used in the
determination of eligibility for the Early On Program, and;
WHEREAS Oakland Schools will provide all materials necessary to conduct
the assessments, and;
WHEREAS Oakland Schools wishes to compensate OCHD for the performance
of these assessments up to a total of $25,000, and;
WHEREAS pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL
124,501 et seq., and the Intergovernmental Contracts between Municipal
Corporations Act, 1951 PA 35, MCL 124.1, et seq., the agreement for provision
of the assessments and compensation for the assessments must be an
Intergovernmental Agreement, and;
WHEREAS the Oakland County Corporation Counsel has developed the
attached Intergovernmental Agreement which facilitates this transaction.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached Intergovernmental Agreement for
Infant/Toddler Assessment between the County of Oakland and Oakland Schools
for the period July 1, 2008 through June 30, 2009.
BE IT FURTHER RESOLVED that the future level of service be contingent
upon the level of funding for this program,
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to
execute the Agreement on behalf of Oakland County and thereby accept and bind
Oakland County to the terms and conditions of the Agreement.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Potter and
Hatchett absent.
Interjovernmental Agreement For Infant/Toddler Assessment
This Intergovernmental Agreement for Infant/Toddler Assessment (the "Agreement") is made
between the County of Oakland, a Michigan Constitutional and Municipal Corporation, whose
address is 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the "County") and Oakland
Schools, a Michigan intermediate school district, whose address is 2111 Pontiac Lake Rd,
Waterford, MI, 48328 ("Oakland Schools"), In this Agreement, the County and Oakland
Schools may be referred to individually as "Party" or jointly as "Parties."
In consideration of the mutual promises, obligations, representations and assurances in this
Contract, the Parties agree as follows:
1. Purpose of Agreement
Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq.,
and the Intergovernmental Contracts between Municipal Corporations Act, 1951
PA 35, MCL 124.1, et seq., Oakland Schools and the County may enter into this
Agreement in order to establish the terms and conditions upon which the County
of Oakland will provide Public Health Nurses ("PHN") to Oakland Schools in
order to administer, on behalf of Oakland Schools, the Infant Toddler
Developmental Assessments ("IDA") and determine "Early On" eligibility for
families already involved with Public Health Nursing.
2. Definitions
2.1. "Oakland County" and "Oakland Schools" shall each be defined to include any
and all departments, divisions, commissioners, elected and appointed officials,
directors, board members, council members, commissioners, authorities, officers,
committees, employees, agents, subcontractors, volunteers and/or any such
successors of each entity.
2.2. `Infant Toddler Developmental Assessment or "IDA" means the
developmental assessment (test) used for the early identification of children who
are developmentally "at risk" based on the evaluation assessment of a child's
gross motor, fine motor, relationship to inanimate objects (cognitive),
language/communication, self-help, relationship to persons, emotions and feeling
states (affect), and coping behavior from birth to 36 months of age.
2.3. "Early On- means the State of Michigan's system of early intervention services
for infants and toddlers, birth to three (3) years of age, with developmental
delay(s) and/or disabilities, and their families, "Early On" supports families as
their children learn and grow.
1.1.
3. Terms
3.1. The County agrees to provide a developmental assessment and determine "Early
On" eligibility. The specific duties that will be performed by the Oakland County
Health Division, through its PHN, will include:
3.1.1. Establishing and maintaining an "Early On" file for each
individual/family;
3.1.2. Calling parent within 2 business days of receiving the "Early On" referral
to request written consent to conduct an evaluation and schedule an
appointment;
3.1.3. Preparing and sending the 7-day notice packet to the individual/family;
3.1.4. Confirming the evaluation appointment with the individual/family;
3.1.5. Completing the evaluation (including a review of the health status,
developmental history and a parent-child observation) in the family's
home within forty-five (45) days of receipt of initial referral from
Oakland Schools;
3.1.6. Writing the complete IDA summary;
3.1.7. Sending a copy of the complete IDA summary to the individual/family
and sending notification to Oakland Schools regarding each
individual/family eligibility;
3.1.8. Determining the child outcomes ratings for all children who enrol) in the
Early On program; and
3.1.9. Conducting the annual assessment for individuals/families who remain in
a PHN's caseload at the time of the renewal.
3.2. The County, when performing under this Agreement, shall abide by and adhere to
all applicable laws, rules and regulations pertaining to the performance of any
services under this Agreement, including, but not limited to, all Part C of the
Individuals with Disabilities Improvement Education Act of 2004 "IDIEA" or
"IDEA") regulations, as detailed in the Part C of the IDEIA regulation packet.
3.3. Oakland Schools will provide IDA kits and all assessment materials (including
score sheets and materials for 7-day notice packet), training for PHNs to
administer the Infant Toddler Developmental Assessment, an electronic template
for IDA summaries and annual reports, compiled 7 day notice packets, data from
Oakland Schools Early Education Tracking ("EETRIC) database, and on-going
technical assistance during Oakland Schools normal operating business hours.
3.4. Payment. Oakland Schools will pay the County up to, but not more than,
$25,000 for the full and satisfactory performance of the services described in this
Agreement. This amount includes the identified rate of $225.00 for initial IDAs
and $135.00 for annual [DAs. Payment is conditioned upon the properly
documented proof of performance (a signed, original invoice) submitted by the
County to Oakland Schools. The County shall invoice Oakland Schools on a
quarterly basis and the last invoice must be received by Oakland Schools no later
than the first week of July in order for Oakland Schools to properly close out
applicable grants. Payment will be made no later than thirty (30) days after an
original invoice for the completion of the task set forth above is received by
Oakland Schools.
3.5. The Parties acknowledge that each Party is a tax-exempt governmental unit or
entity.
3.6. Availability of Funds. The Parties acknowledge that all payment for
performance under this Agreement is contingent upon the availability of funds in
the amount anticipated by Oakland Schools from the sources it has identified.
Oakland Schools may, at its sole discretion, unilaterally rescind, terminate or
reduce the scope of this Agreement at any time due to the non-availability of the
specific funds in the amount anticipated. Oakland Schools shall provide the
County with notice of a change in anticipated funding within a reasonable time
after Oakland Schools' receipt of such notice if Oakland Schools intends to take a
unilateral action based on such notice. Oakland Schools may negotiate and renew
the Agreement with the County if funding remains available and the County's
performance is satisfactory.
3.7. Duration. This Intergovernmental Agreement and any subsequent Amendments
shall be for a tern of one year, beginning July 1, 2008 and ending June 30, 2009.
A signed and executed Agreement must be filed with the Clerk of the County of
Oakland and the Secretary of State for the State of Michigan, pursuant to MCL
124.510(4). This Agreement may be renewed only by a signed written agreement
between the Parties.
3.8. No Employee-Employer Relationship. The relationship between the Parties is
that of independent contracting parties. Nothing in this Agreement shall be
construed as creating an employer-employee relationship between the Oakland
Schools (including any of its employees.) and the County (including any of its
employees).
3.9. Work Product, Intellectual Property and Publicity. If the County develops,
under this Agreement, any work product, information, material, document,
writing, publication, software, recording or procedure, whether in written, video,
audio or other media format ("the Work"), the County agrees that the Work is a
"work for hire" and Oakland Schools is the copyright author and holder of all
intellectual property rights. If, for any reason, the work is found to be other than a
work for hire, the County assigns its rights in any copyrights and other intellectual
property to Oakland Schools.
3.10, No Indemnification. Each Party shall be responsible for the acts and/or
omissions of its agents and/or employees. Nothing in this Agreement shall be
construed as creating an obligation to indemnify or defend the other for any claim,
damage or liability arising out of or stemming from performance under this
Agreement.
3.11. 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.
3.12. 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, and shall not
be construed to waive the defense of governmental immunity held by the County
and Oakland Schools
3.13. Agreement Modifications or Amendments. Any modifications, amendments,
recessions, waivers, or releases to this Agreement must be in writing and executed
by both Parties.
3.14. Termination. This Agreement may be terminated for any reason, including
convenience, with not less than thirty (30) days written notice by Oakland
Schools. If Oakland Schools advises the County that it has failed to perform any
of its obligations under this Agreement, the County may cure failures in
performance by beginning performance in accordance with the terms of this
Agreement within ten (10) days of the Notice of Termination and continuing
performance under the Agreement.
3.15. The County may terminate this Agreement for any reason including convenience
with not less than thirty (30) days written notice by the County. If the County
advises Oakland Schools that it has failed to perform any of its obligations under
this Agreement, Oakland Schools may cure failures in performance by beginning
performance in accordance with the terms of this Agreement within ten (1 0) days
of the Notice of Termination and continuing performance wider the Agreement.
3.16. Notices should be sent to:
Oakland Schools:
Project Representative
Title/Position
Address
Telephone Number
Fax Number
Oakland County:
Department
Department Manager
Address
Dawn Koger
Early On Coordinator
2111 pontiac lake Road
Waterford., MI 48328-2736
248.209.2266
248.209.2522
Health Department
George Miller
1200 N. Telegraph Rd.
Pontiac, MI 48341
3.17.Entire Agreement. This Agreement represents the entire Agreement between the
Parties and supersedes all other Agreements between the Parties governing the
matters described here. 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 have taken all actions and secured all approvals necessary to authorize and complete
this Agreement between Oakland Schools and the County of Oakland. 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 here.
For Oakland Schools:
(pint name)
(title)_
For Oakland County:
Bill Bullard, Jr., Chairman Date
Oakland County Board of Commissioners
Date
5714093.2 22346/122941
Resolution #09043 March 5, 2009
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR #09043) March 26, 2009
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION —
INTERGOVERNMENTAL AGREEMENT WITH OAKLAND SCHOOLS FOR INFANT TODDLER
ASSESSMENTS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The Early On Program, through Oakland Schools, provides early intervention services for
infants and toddlers, birth to three (3) years of age, with developmental delay(s) or
disabilities,
2. The Health Division has personnel to perform the Infant Toddler Developmental
Assessments, and Oakland Schools will compensate the Health Division $25,000 for the
performance of assessments for determination of eligibility for the Early On Program.
3. Funding period is January 1, 2008 thru June 30, 2009.
4. There is no county match or additional positions required.
5. A budget amendment to the Fiscal Year 2009 budget is recommended to recognize revenue
from the Oakland Schools to offset the personnel costs incurred from this program as
specified below:
FY2009
HEALTH DIVISION FUND (#20221)
REVENUES
1060236-133390-631869 Reirrib. Of Salaries $25,000
9090101-134860-695500-10100 Transfer In from General Fund ($25,000)
Total Revenues $_0
GENERAL FUND (#10100)
EXPENDITURES
9090101-196030-730369 Non-Dept Contingency $25,000
9010101-134860-785001-20221 Transfer Out to Health Fund ($25,000)
Total Expenditures $ 0
FINANCE COMMITTEE
Motion carried on a roll call vote with Zack voting no.
APPROVE THE FOREGOING RESOLUTION
3/).-
Resolution 409043 March 26, 2009
Moved by Long supported by Gershenson the resolution (with fiscal note attached) be adopted.
Discussion followed
AYES: Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchet, Jackson, Jacobsen.
Long, McGillivray. Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Woodward, Zack.
Bullard, Burns, CapeIlo. Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
Discussion followed.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 March 26,
2009, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 26th day of March, 2009.
Gat
Ruth Johnson, County Clerk