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Home My WebLink AboutResolutions - 2014.09.18 - 21498MISCELLANEOUS RESOLUTION 114216 September 18, 2014 BY: GENERAL GOVERNMENT COMMITTEE, CHRISTINE LONG, CHAIRPERSON IN RE: ESTABLISHMENT OF A SUBSTANCE USE DISORDER OVERSIGHT POLICY BOARD AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS effective October 1, 2014, Public Act 500 of 2012 amended Public Act 258 of 1974, MCL 330.1287(5), and changed the designated substance abuse coordinating agency from the Oakland County Health & Human Services Department(DHHS)/Health Division to the Oakland County Community Mental Health Authority (OCCMHA); and WHEREAS the designation as the community mental health entity to assume the responsibilities of providing substance use disorder services requires OCCMHA to establish the Substance Use Disorder Oversight Policy Board, and by this Agreement OCCMHA and Oakland County intend to comply with that requirement; and WHEREAS the Oakland County Board of Commissioners shall appoint no more than two members to serve on the Substance Use Disorder Oversight Policy Board. The Board of Commissioners may appoint any combination of county commissioners or others as allowed by Michigan law that it deems best represents the interests of the County; and WHEREAS the previous Substance Abuse Advisory Council is thereby dissolved effective September 30, 2014; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Substance Use Disorder Oversight Policy Board agreement between the County of Oakland and the Oakland County Community Mental Health Authority. BE IT FURTHER RESOLVED there are no fiscal implications to Oakland County for these appointments. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Amendments 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 Crawford absent. AGREEMENT TO CREATE SUBSTANCE USE DISORDER OVERSIGHT POLICY BOARD BETWEEN OAKLAND COUNTY AND THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY This Agreement ("Agreement") is made and entered into between the County of Oakland, ("County"), a Michigan Constitutional and Municipal Corporation, a political subdivision of the state of Michigan, whose address is 1200 North Telegraph, Pontiac, Michigan 48341 and the OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY ("OCCMHA"), 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"), whose .address is 2011 Executive Hills Blvd., Auburn Hills, MI 48326. In this Agreement, either the CMH Authority or the County may also be referred to individually as a "Party" or jointly as the "Parties." This Agreement is entered into pursuant to section 287 of the Michigan Mental Health Code, MCL 330.1287(5) . Purpose of this Agreement: OCCMHA is the Michigan Department of Community Health-designated community mental health entity to assume the responsibilities of providing substance use disorder services for the County of Oakland. MCL 330.1287(5) requires OCCMHA to establish the Substance Use Disorder Oversight Policy Board, and by this Agreement OCCMHA and County intend to comply with that requirement. Oversight Board Responsibilities: The functions and responsibilities assigned to the board will include: * Approval of that portion of OCCMHA budget that includes local funds for treatment or prevention of substance use disorders; • Giving advice and recommendations regarding OCCMHA budget for substance use disorder treatment or prevention using other nonlocal funding sources; • Giving advice and recommendations regarding contracts with substance use disorder treatment or prevention providers; • Ensure any proceeds received by OCCMHA pursuant to MCL 211.24e are used only for substance abuse prevention and treatment programs in Oakland County. Other functions and responsibilities requested by OCCMHA and accepted by the Substance Use Disorder Oversight Policy Board. Oakland County Board of Commissioners Responsibilities: The Oakland County Board of Commissioners shall appoint no more than two members to serve on the Substance Use Disorder Oversight Policy Board. The Board of Commissioners may appoint any combination of county commissioners or others as allowed by Michigan law that it deems best represents the interests of the County. Oakland County Community Mental Health Authority Responsibilities: OCCMHA will provide any staff required to perform the functions or responsibilities assigned to the Substance Use Disorder Oversight Policy Board. Term: This Agreement shall be effective beginning on October 1, 2014 unless terminated as stated below, There must be concurrent resolutions and entry of the terms of this Agreement in the minutes of the governing bodies of each party to the Agreement in order to give effect to this agreement. Termination: Either party may terminate this Agreement at any time for any reason, or no reason, by giving the other party thirty (30) days written notice of termination. Any notice of termination of this Agreement shall not relieve either party of the obligations incurred prior to the effective date of such termination. Liability and No Indemnification: Neither party assumes any liability or responsibility for compliance with laws or regulations applicable to the other party with respect to this Agreement. Each Party shall be responsible for any Claims made against that Party and for the acts of its Employees or Agents. 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 any attorney fees. Unless otherwise provided in this Agreement, neither Party shall have any right under any legal principle to be indemnified by the other Party or any of its employees or Agents in connection with any Claim. 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 2 Party. Choice of Law: This Agreement shall be interpreted and construed in accordance with the laws of the State of Michigan. Relationship of Parties: The parties to this Agreement are not, in any way or for any purpose, to be considered partners, joint ventures or members of a joint enterprise. Amendments: This Agreement constitutes the entire agreement of the parties, and may not be amended unless the amendment is in writing and adopted by both OCCMHA and County. Severability: If a court of competent jurisdiction finds a term, condition, or provision of this Agreement to be illegal or invalid, then the taint, condition, or provision shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force and effect. Execution: The resolutions of the OCCMHA Board of Directors and the Oakland County Board of Commissioners are attached to this Agreement, providing authorization for officers of the respective parties to execute this Agreement. OAKLAND COUNTY COMMUNITY MENTAL HFALTH AUTHORITY: DATE: BY: Deputy Executive Director BY: Chief Financial Officer THE COUNTY OF OAKLAND BY: DATE: DATE: Chairperson, Oakland County Board of Commissioners 3 Resolution #14216 September 18, 2014 Moved by Spisz supported by Woodward the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19) 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). 1 HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 18, 2014, 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 18th day of September 2014. Lisa Brown, Oakland County