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HomeMy WebLinkAboutResolutions - 2017.01.26 - 22755Commissioner Christine Long, District #7 Chairperson, General Government Corn MISCELLANEOUS RESOLUTION #17018 January 26, 2017 BY: Commissioner Christine Long, Chairperson, General Government Committee 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/AIDS related services; 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 20% of HIV/AIDS cases in the Eligible Metropolitan Area (EMA) Counties; and WHEREAS the Detroit Department of Health and Wellness Promotion and SEMHAC directly allocated $1,158,042 of Ryan White Part A funding to community agencies within Oakland County in FY 2015/16 for the provision of services to persons living with HIV/AIDS; and WHEREAS the purpose of the IGA is to ensure eligible local governments provide maintenance of effort expenditure information related to the Ryan White Extension Act; 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 this agreement has been reviewed by Oakland County Corporation Counsel and is recommended for approval; 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 VOTE: Motion carried unanimously on a roll call vote with Long and Gershenson absent. RECEIVED OCT 10 2016 3245 E. JEFFERSON, SUITE 100 DETROIT, MICHIGAN 48207 CITY OF Drrkorr (3i3) V6-4000 • TTY:7 DETROIT HEALTH DEPARTMENT WWWDETROITMI.GOV October 4, 2016 Kathy Forzley, RS, MPA Health Officer and Manager Oakland County Health Department 1200 North Telegraph Road Pontiac, MI 48341 Dear Ms. Forzley: The City of Detroit Health Department (DHD), is the lead agency for the Detroit Eligible Metropolitan Area (EMA) for the purposes of administering the Ryan White Part A, HIV Emergency Relief Grant Program which includes the counties of Wayne, Oakland, Macomb, St. Clair, Lapeer, and Monroe. Our staff is in the process of developing the application for fiscal year 2017. As such I am writing to request your signature on the attached Intergovernmental Agreement Form. The Ryan White legislation requires Part A grantees to document intergovernmental relationships with the Chief Elected Officials (or designee) of political jurisdictions that provide HIV health services and account for at least ten percent of the reported AIDS cases in the EMA. For the purposes of this grant, this includes the counties of Wayne, Macomb and Oakland. Please return the attached intergovernmental agreement in the provided pre-addressed envelope to the Detroit Health Department by Tuesday, October 18, 2016. Please feel free to contact Patrick Yankee, HIV Program Director at yankeep@detroitani.gov or 313-876-4204 if you have any questions. Also attached is a letter from the Southeastern Michigan HIV/AIDS Council inviting you to participate in Ryan White planning activities. Thank you in advance, for your timely response. Sincere Abdul El7S'ayed, MD, DPhil Executive Director and Health Officer Page 2 Enc: Table of Client Residence Prevalence Table of Southeast Michigan Intergovernmental Agreement Requirement (from Ryan White HIV/AIDS Program Part A Manual) 2016-2017 Intergovernmental Agreement SEMHAC Letter cc: Leseliey Welch, MPH, MBA, Deputy Director Kanzoni Asabigi, PhD, MD, MPH, MBA, CPH Associate Director Patrick Yankee, HIV/AIDS Programs Director RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DETROIT AND OAKLAND COUNTY THIS AGREEMENT, entered into this day of , 2016, between the City of Detroit, by and through its Health Department, 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 (IGA) be established between political subdivisions which have not less than ten percent of the areas reported AIDS cases and provide HIV-related services; WHEREAS, the purpose of the IGA is to lay out a framework for the relationship between pertinent organizations; WHEREAS, the City and the Southeastern Michigan HIV/AIDS 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 determining service need; WHEREAS, Oakland County possesses 20% 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 I. ADMINISTRATION A. The City will be the grantee of the Ryan White Treatment Extension Act Part A funds. ARTICLE II. HIV SERVICE PLANNING COUNCIL A. The Council established to guide implementation of the Ryan White Treatment Extension Act is known as the Southeastern Michigan HIV/AIDS Council (the "Council") B. The duties of the Council include: 1. Developing a comprehensive plan for organizing and delivering HIV health and support services that are compatible with existing federal, state and local plans regarding the provision of HIV-related services; and 1 2. Recommendations for allocation of funds to service categories of greatest need. ARTICLE III. FUNDING DECISIONS A. The findings from ongoing needs assessment will be updated and supplemental information will be reviewed by the Council in establishing funding priorities. ARTICLE TV. TERMS OF AGREEMENT A. This Agreement shall be deemed effective upon its acceptance by the City and the County and upon the approval and release of funds by the United States Division of HIV Services, Bureau of 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 Ryan White Part A grantees to maintain, as a Condition of Award, EMA/TGA political subdivision expenditures for Ryan White 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 Ryan White Part A grant. In order to receive a Ryan White Part A award, EMAs/TGAs must comply with maintenance of level requirements, which include: a signed assurance that maintenance of effort has been maintained, a description of a consistent data set of local government expenditures for two previous years, and methodologies for calculating maintenance of effort expenditures. To demonstrate compliance with this provision, EMAs/TGAs must maintain adequate systems for consistently tracking and reporting on expenditure data for core medical services and Support services from year-to-year. Grantees are accountable to ensure that Federal funds do not supplant EMA/TGA spending but instead expand and enrich such activities. D. Each party to this Agreement has its own legal representative and agrees to 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. E. If any provision in 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. 2 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 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 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 Extension 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 City and the County 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 construed to be 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. K. This Agreement is terminable at will by either party upon 10 days' notice. 3 AUTHORIZATION: FOR THE CITY OF DETROIT: FOR THE COUNTY OF OAKLAND: SIGNATURE SIGNATURE Typed Name Typed Name Title Government Unit Title Government Unit Date Date City of Detroit Health Department Grantee for the Detroit Eligible Metropolitan Area (Ell14) 4 Resolution #17018 January 26, 2017 The Chairperson referred the resolution to the Finance Committee. There were no objections.