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HomeMy WebLinkAboutResolution CC 12-19-16-02 Interlocal Agreemnet for Youth Assistance ProgramSponsor: Councilor Finkam RESOLUTION CC 12-19-16-02 INTERLOCAL AGREEMENT BY AND BETWEEN HAMILTON COUNTY, INDIANA, AND THE CITY OF CARMEL, REGARDING FUNDING AND ADMINISTRATIVE PROVISIONS OF THE YOUTH ASSISTANCE PROGRAM Synopsis: An Interlocal Agreement between the City and Hamilton County that establishes a framework for the administration of the Youth Assistance Program RECITALS: WHEREAS, the City of Carmel ("Unit") participates in the Youth Assistance Program ("Program") that was established, pursuant to I.C. §31-32-3-11, in order to aid "at -risk" youths in its community that are in need of assistance to prevent these youths/juveniles from becoming part of the juvenile and criminal justice systems; and WHEREAS, the Program offers voluntary and preventative services and programs to "at risk" children, as defined by I.C. §31-9-2-9.9, to maintain them in school, help them lead a productive life, and reduce the incidences of delinquency, status offenses and neglect within the community; and WHEREAS, the Unit and Hamilton County, individually and collectively, have determined that the Program should continue in the community by their respective contributions and cooperation; and WHEREAS, I.C. §36-1-7 et seq. permits interlocal agreements by and between governmental entities; and WHEREAS, the Unit and Hamilton County, Indiana are governmental entities located within Hamilton County. THEREFORE, the Unit and the County, by the undersigned and in consideration of the foregoing _conditions and other valuable consideration, the receipt of which is hereby acknowledged, agree to the following funding, administrative and general provisions regarding the operation of the Youth Assistance Program: . AGREEMENT FUNDING PROVISIONS 1. Purpose of Agreement. The purpose of this Agreement is for the County and the Unit to jointly contribute resources and to cooperate in operating the Youth Assistance Program. Resolution CC 12-19-16-02 Page One of Six Pages Sponsor: Councilor Finkam 2. County Position. The County has already established a County employee position of Youth Assistance Program Case Worker/Early Intervention Advocate ("Case Worker"), pursuant to I.C. §31-9-2-43.2. 3. Financial Requirements. A. Unit Contributions. The Unit may make financial contributions, as it determines through its fiscal or legislative body, to Hamilton County for the sole and exclusive purpose of assisting the County with employing the YAP Case Worker. The Unit shall remit its portion of expenses to the County in one lump sum on an annual basis on or before March 15`h of each year, unless otherwise agreed between the Unit and the Hamilton County Auditor's Office. Unit contributions may come from fund raising efforts of 501(C)(3) non-profit, charitable, religious or other tax exempt organizations. However, the County will only accept financial contributions from the Unit. B. County Administration of Contributions. The County shall deposit the Unit's funds in a special line item established for the sole and exclusive purpose of providing monetary compensation, salary, wages and/or benefits for each Case Worker position. C. Benefits for Case Workers. All full-time Case Workers will be entitled to receive County benefits afforded to all such employees, such as health insurance, disability insurance, Public Employee Retirement Fund (PERF), deferred compensation program and life insurance programs. The County will manage all proper payroll deductions for federal, state and local tax purposes. D. Continued Fundinsz. The County's maintenance of each Case Worker position shall be subject to: (a) continued annual funding as determined by the Unit; AND (b) continued annual funding as determined by the Hamilton County Council. The Unit shall notify the County Auditor, in writing, on or before October 1 of each year whether it intends to fund its Case Worker(s) position(s) for the following calendar year. At the time of hiring, each Case Worker shall acknowledge, in writing, that his/her respective position is subject to annual funding under this Interlocal Agreement and the terms and conditions of employment may change, including hours, salary, wages, and benefits depending on such funding. Resolution CC 12-19-16-02 Page Two of Six Pages Sponsor: Councilor Finkam ADMINISTRATIVE PROVISIONS 4. Employment Requirements. A. New Case Worker Positions. All newly created Case Worker positions must be approved by the Hamilton County Council in accordance with its normal practices and procedures. B. Selection of Case Worker. Each Case Worker shall be selected and operate under the direction of the Hamilton County Juvenile Court Judges, with direct supervision provided by the Director of the Youth Assistance Program. C. Part -Time Employ. Each Case Worker shall be employed by the County on a part-time basis (29 hours per week or less), unless the position is approved as a full-time position by the Hamilton County Council. 5. County Policies. As a County employee, each Case Worker shall agree to abide by all policies stated in the County Employee Handbook and agrees to cooperate in executing all necessary documents to effectuate his/her employment with the County. 6. Annual Report. The Director of the Program shall provide the County with an annual report, to be presented at a regular County Council meeting no later than January for the prior calendar year. GENERAL PROVISIONS 7. Representations of the Parties. Each Unit and the County represents to the other that: A. The party has all requisite power and authority to carry out the obligations set forth in this Agreement. B. The party has the power, authority, and legal right to enter into and perform its obligations set forth in this Agreement. C. This Agreement has been duly entered into and delivered and constitutes a legal, valid, and binding obligation of the party, enforceable by its terms and the party is stopped from making a claim based upon the unenforceability of this Agreement. 8. Effective Date. This Agreement shall be effective upon the latest date of: A. Signing by the parties hereto; or B. The passage of appropriate resolutions and ordinances, and subsequent recording of this Agreement with the Hamilton County Recorder. Resolution CC 12-19-16-02 Page Three of Six Pages Sponsor: Councilor Finkam C. For audit purposes, the Hamilton County auditor shall file this Agreement with the Indiana State Board of Accounts within sixty (60) days after this Agreement takes effect as required by I.C. §36-1-7-6. 9. Joint Board and Disputes. The parties shall establish a Joint Board for purposes of administering this Agreement. The Board will consist of one of the Juvenile Court. Judges, the Mayor of the City or the Mayor's designee, and the Director of the Youth Assistance Program. Meeting dates, locations and agenda will be determined by consensus of the Joint Board. Disputes regarding this Agreement will be resolved by the Joint Board. Upon the Joint Board's failure to resolve any disputes, the respective executive officers of each party to this Agreement, or their designees, shall resolve the dispute. 10. Joint Property. There will be no jointly held property under this Agreement. In the event this Agreement is terminated by either party, the County shall immediately retrieve and maintain all property in possession of the Case Worker. 11. Termination, Amendment and Renewal. Unless otherwise stated herein, this Agreement may be terminated by either party upon ninety (90) days written notice to the other party. Notice to the City shall be served upon the Mayor of the City. Notice to the County shall be served upon both the Judge of the Hamilton Superior Court 1 and Circuit Court. The Judges shall then immediately notify the Board of Commissioners and the County Council. Any amendments to this Agreement shall be in writing and approved by the respective parties. This Agreement is for a term of one (1) year, beginning January 1, 2017, and the parties agree to execute a new Interlocal Agreement for each subsequent year of the Program. Resolution CC 12-19-16-02 Page Four of Six Pages Sponsor: Councilor Finkam SO AGREED THIS DAY OF .2016. HAMILTON COUNTY COUNCIL: Amy Massillamany, President Paul Ayers Brad Beaver James Dillon Fred Glynn Rick McKinney Steve Schwartz ATTESTED BY: Dawn Coverdale, Auditor Resolution CC 12-19-16-02 Page Five of Six Pages Sponsor: Councilor Finkam SO RESOLVED AND AGREED THIS DAY OF -CQ fy\ , 2016. CA L CITY COUNCIL: onald E. Carter, President MAYOR'S APPROVAL: Resolution CC 12-19-16-02 Page Six of Six Pages