HomeMy WebLinkAboutResolutions - 2011.12.15 - 18822MISCELLANEOUS RESOLUTION #11291 November 30, 2011
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - INTER-GOVERNMENTAL
AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF DETROIT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Ryan White HIV/AIDS Treatment Extension Act of 2009 requires that
intergovernmental agreements (IGA) be established between political subdivisions which have not less than
ten percent of the areas reported AIDS cases and provide HIV-related services; and
WHEREAS Part A of Title XXVI of the Public Health Services Act as amended by the Ryan White
HIV/AIDS Treatment Extension Act of 2009 directly allocated $1,739,864 to community agencies within
Oakland County in FY 2010/11 for the provision of services to persons with HIV/AIDS; and
WHEREAS the purpose of the IGA is to lay out a framework for the relationship between the pertinent
organizations; and
WHEREAS none of the provisions of the Agreement are intended to create any other relationship
between the County and the City of Detroit; and
WHEREAS Oakland County's experience and expertise include direct healthcare, supportive care,
and model care programs for the medically indigent; and
WHEREAS the Detroit Department of Health and Wellness Promotion and the Southeastern Michigan
HIV AIDS Council (SEMHAC) facilitate an ongoing needs assessment process; and
WHEREAS this needs assessment shows that Oakland County possesses 11% of HIV/AIDS cases in
the Eligible Metropolitan Area (EMA) Counties; and
WHEREAS Oakland County providers include in-hospital and ambulatory care services to persons
with HIV Disease; and
WHEREAS acceptance of this intergovernmental agreement does not obligate the County to any
future commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the Inter-Governmental Agreement between the County of Oakland and the City of Detroit.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the agreement.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT
Motion carried unanimously on a roll call vote.
RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009
CITY OF DETROIT AND OAKLAND COUNTY
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT, entered into this 7 th day of October 2011, by and between the City
of Detroit, hereinafter referred to as the "City", and the County of Oakland, a body politic
and corporate, hereinafter referred to as the "County".
WHEREAS, the Ryan White HIV/AIDS Treatment Extension Act of 2009 requires that
intergovernmental agreements (1GA) be established between political subdivisions which
have not less than ten percent of the areas reported AIDS cases and provide HIV-related
services; and
WHEREAS, the purpose of the IGA is to lay out a framework for the relationship
between the pertinent organizations; and
WHEREAS, the current authority and expertise of the City and the County in the delivery
of HIV services are a basis for the relationship between these entities and their mutual
responsibilities; and
WHEREAS, the Detroit Department of Health and Wellness Promotion and the
Southeastern Michigan HIVAIDS Council (SEMHAC) facilitate an ongoing needs
assessment process. This document, with updated information and with supplemental
information regarding HIV needs and services in the remainder of the Eligible
Metropolitan Area (EMA) Counties will serve as a basis for deteimining service need. In
addition, the Detroit Department of Health and Wellness Promotion is a funder of
HIV/AIDS services, education and prevention, with experience in Request For Proposal
(RFP); and
WHEREAS, Oakland County possesses 11% of HIV/AIDS cases in the EMA and is a
provider of in-hospital and ambulatory care services to persons with HIV Disease. The
County's experience and expertise include direct health care, supportive care, and model
care programs for the medically indigent.
NOW, THEREFORE, in consideration of the above, the parties hereto agree in this
Intergovernmental Agreement as follows:
ARTICLE 1. ADMINISTRATION
A. The City will be the grantee of the Ryan White Treatment Extension
Act Part A funds.
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ARTICLE II. HIV SERVICE PLANNING COLTNCIL
A. The Council established to guide implementation of the Ryan White
Treatment Extension Act will be known as the Southeastern Michigan
HIV/AIDS Council (the "Council").
B. The duties of the Council shall include:
1. Developing a comprehensive plan fOT organizing and delivering HIV
health and support services that are compatible with existing State and
local plans regarding the provision of HIV-related services; and
2. Recommendations for allocation of funds to areas of greatest need.
ARTICLE III. FUNDING DECISIONS
A. The findings from ongoing needs assessment are updated and
supplemental information will be reviewed by the Council in establishing
funding priorities. The need for outpatient and ambulatory care services
and health and support services will also be taken into consideration.
ARTICLE IV. TERMS OF AGREEMENT
A. This Agreement shall be deemed effective upon its acceptance by the
Detroit Department of Health and Wellness Promotion and the County of
Oakland and upon the approval and release of funds by the United States
Division of HIV Services, Bureau of Health Resources and Services,
Bureau of Health Resources Development, Health Resources and Services
Administration, whichever is later,
B. The Project shall become operational upon award of funds under Part A of
Title XXVI of the Public Health Service Act as amended by the Ryan
White HIV/AIDS Treatment Extension Act of 2009.
C. Local governments shall comply with requests for expenditure information
related to the Ryan White Treatment Extension Act.
The Ryan White legislation requires Part A grantees to maintain, as a
Condition of Award, EMA/TGA political subdivision expenditures for
HIV-related Core Medical Services and Support Services at a level equal
to the 1-year period preceding the fiscal year (FY) for which the grantee is
applying to receive a Part A grant. After enactment of the Ryan White
HIV/AIDS Treatment Extension Act of 2009, section 2604 (b) (1) of the
enacting legislation states: "In general-The chief elected official of an
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eligible area shall use amounts from a grant .under section 2601 to
provide direct financial assistance to entities described in paragraph (2)
for the purpose of providing core medical services and support services."
Core medical services and support services are defined in section
2604(0(3) and .2604(d) of the legislation and the HIV/AIDS Bureau
service definitions distributed to all grantees. Part-4 grantees must
document that they have met the MOE requirement.
D. Each party to this Agreement must seek its own legal representative and
bear its own costs, including judgments, in any litigation which may arise
from performance of this contract, it is specifically understood and agreed
that neither party will indemnify the other party in such litigation.
If any provision of this Agreement is invalid for any reason, such invalid
portion shall not render invalid the remaining provisions of the Agreement
which can be given effect without the invalid provision to carry out the
intent of the parties as stated herein.
F. Neither party hereto may assign this Agreement in whole or in part
without the written consent of the other party.
G. The waiver by a party or any breach or failure of the other party to
perform any covenant or obligation contained herein shall not constitute a
waiver of a subsequent breach.
H. This Agreement represents the entire Agreement between the parties and
supersedes any and all prior agreements, whether written or oral. Any
modification of this Agreement shall be valid only if in writing and signed
by all parties hereto.
I. This Agreement shall be governed by and construed in accordance with
the reauthorized Ryan White Treatment Extenstion Act of 2009.
J. None of the provisions of the Agreement are intended to create nor shall
be designed to create any other relationship between the County and the
City other than of independent entities coordinating with each other
hereunder solely for effecting the provisions of this Agreement. Neither
of the parties hereto nor any of their respective representatives shall be
AUTHORIZATION:
FOR THE CITY OF DETROIT:
Typed Name Typed Name
construed to he the agent, the employer, or representative of the other.
The City and the County will maintain separate and independent
managements and each has full unrestricted authority and responsibility
regarding its own organization and structure.
FOR THE C,OUNTY OF OAKLAND:
Subj ece/ o taourova1 of the Oakland
?(our).,y fte
commissioners.
A / j
/
SIGNATURE /"SIGNATU,
George J. Miller, M.A.
Director, Oakland County
Department of Health & Human Services
Title Government Unit Title Government Unit
Dated: Dated: October 27, 2011
City of Detroit Department of Health and ifirellness Promotion
Grantee for the Detroit Eligible Metropolitan Area (EMA)
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Attachment for MOE Submission
OAKLAND COUNTY
FY 2010-11 MOE Expenditures Based on
Core Medical Services and Support Services
DETROIT EMA
Prepared by: Rachel Shymkiw
Report for FY 2009 and 2010
Telephone: 248-452-2151
Item [tern Agency/Department/ FY 2009 FY 2010
No. Description Other Government Unit_
1 Clinical Care Serv. Oakland County Health Div. 229,834 826,862
_
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METHODOLOGY:
Resolution #11291 November 30, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FINANCE COMMITTEE
FISCAL NOTE (MISC . #11291) December 15, 2011
BY: FINANCE COMMITTEE, TOM MIDDLETON, Chairperson
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION — INTER-GOVERNMENTAL
AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF DETROIT
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. Part A of Title XXVI of the Public Health Services Act as amended by the Ryan
White HIV/AIDS Treatment Extension Act of 2009 directly allocated $1,739,864
to community agencies within Oakland County in FY 2010/2011 for the provision
of services to persons with HIV/AIDS.
2. The initial intergovernmental agreement between Oakland County and the City of
Detroit formed as of October 7, 2011, establishes a framework for the
relationship between the County of Oakland and the City of Detroit.
3. The role of the Oakland County Health Division is to provide financial information
related to the activities performed at the Health Division that indicates a need for
HIV/AIDS programs in the community. The City of Detroit uses this information
in their application for Ryan White funds which ultimately benefit HIV/AIDS
programs provided by agencies in Oakland County.
4. The Oakland County Health Division does not receive any funding from the Ryan
White HIV/AIDS Treatment Extension Act of 2009.
5. Article III of the agreement allows for the Southeastern Michigan HIV/AIDS
Council (SEMHAC) to review all findings and supplemental information from the
ongoing needs assessment to establish funding priorities as well as consider the
need for outpatient and ambulatory care services and health support services.
6. There is no fiscal impact on the County with this Agreement, and no budget
amendment is required.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Greimel absent.
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Resolution #11291 December 15, 2011
Moved by Long supported by Zack the resolutions (with fiscal notes attached) on the amended Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman,
Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub,
Weipert, Woodward, Zack, Bosnic. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOING RESalifION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 December 15,
2011, 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 15th day of December, 2011.
et,t_0.,1 (y4
Bill Bullard Jr., Oakland County