HomeMy WebLinkAboutResolutions - 2017.09.06 - 23104Co ssioner Bob 'Hoffman, ChNrperson
REPORT (MISC. #17245) September 6, 2017
BY: Bob Hoffman, Chairperson, Human Resources Committee
IN RE: MR #17245 — SHERIFF'S OFFICE — MEDICATION-ASSISTED TREATMENT (MAT)
PROGRAM INTERLOCAL AGREEMENT WITH OAKLAND COMMUNITY HEALTH (OCHN) AND
REIMBURSEMENT FOR INMATE CASEWIDE SPECIALIST POSITION WORKING ON MAT
PROGRAM AND JAIL ALLIANCE WITH SUPPORT (JAWS) PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above-referenced resolution on August 30,
2017, reports with the recommendation that the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acqeptance of/the foregoing
report.
HUMAN RESOURCES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kochenderfer absent.
MISCELLANEOUS RESOLUTION #17245 August 23, 2017
BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee
IN RE: SHERIFFS OFFICE — MEDICATION-ASSISTED TREATMENT (MAT) PROGRAM
INTERLOCAL AGREEMENT WITH OAKLAND COMMUNITY HEALTH NETWORK (OCHN) AND
REIMBURSEMENT FOR INMATE CASEWORK SPECIALIST POSITION WORKING ON MAT
PROGRAM AND JAIL ALLIANCE WITH SUPPORT (JAWS) PROGRAM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS a significant number of offenders in the Oakland County Jail have an opioid use disorder; and
WHEREAS in an effort to help the offenders overcome addiction and stop abusing opioids, the Oakland
Community Health Network (OCHN) has approached the Sheriffs Office for creating a pilot Medication-
Assisted Treatment (MAT) Program in the jail; and
WHEREAS under the MAT Program, OCHN would provide services, as set forth in the attached interlocal
agreement, to inmates inside the jail for treating opioid use disorder; and
WHEREAS the Sheriff and OCHN have agreed to the attached interlocal agreement; and
WHEREAS under the agreement, OCHN will also provide reimbursement for an Inmate Casework
Specialist position to work on both the MAT Program and the Jail Alliance with Support (JAWS) Program
at the Oakland County Jail for the period October 1, 2017 through September 30, 2018; and
WHEREAS the JAWS Program assists the female jail population who are experiencing addiction
problems by providing treatment readiness services, and coordination with the Courts for a community
re-integration plan diverting them from jail and 90 days of follow-up services; and
WHEREAS the Inmate Casework Specialist will spend fifty percent (50%) of their time performing JAWS
Program related duties and fifty percent (50%) of their time performing MAT Program related duties; and
WHEREAS the Oakland County Health Network (OCHN) has agreed to reimburse the County in the
amount not to exceed $78,032 for the cost of one (1) full-time eligible (FTE) Inmate Casework Specialist
position to work on the MAT and JAWS programs; and
WHEREAS an existing part-time non-eligible (PTNE) Inmate Casework Specialist position (#4030320-
11285) will be deleted and replaced with one (1) new General Fund/General Purpose (GF/GP) FTE
Inmate Casework Specialist position in the Sheriff/Inmate Program Services Division (#4030320).
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreement with OCHN and authorizes the Chairperson of the Board to sign the
agreement.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners accepts from the
Oakland Community Health Network reimbursement up to $78,032 for the period of October 1, 2017
through September 30, 2018.
BE IT FURTHER RESOLVED to delete one (1) 1,000 hours/year PINE Inmate Casework Specialist
position (#4030320-11285).
BE IT FURTHER RESOLVED to create one (1) new GF/GP FTE Inmate Casework Specialist position in
the Sheriff/inmate Program Services Division (#4030320).
BE IT FURTHER RESOLVED that the continuation of this position is contingent upon continued
reimbursement funding.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
Cbfnmis6iofierellilimyer, District #14
Chairperson, Public Services Committee
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with Dwyer absent.
2017
INTERLOCAL AGREEMENT FOR MAT PROGRAM AT OAKLAND COUNTY JAIL
BETWEEN
COUNTY OF OAKLAND, THE OAKLAND COUNTY SHERIFF,
AND
THE OAKLAND COUNTY COMMUNITY HEALTH NETWORK
The COUNTY OF OAKLAND ("County"), a Michigan municipal corporation, whose address is
1200 North Telegraph Rd., Pontiac, Michigan 48341, the OAKLAND COUNTY SHERIFF
("Sheriff'), a Michigan constitutional officer, whose address is 1200 North Telegraph Rd., Pontiac,
Michigan 48341, Bldg. #38 East, and the OAKLAND COMMUNITY HEALTH NETWORK
("OCHN"), a Michigan public governmental entity, created pursuant to the Michigan Mental
Health Code, 1974 PA 258, whose address is 2011 Executive Hills Blvd., Auburn Hills, MI 48326,
enter into this Agreement. As used in this Agreement, the County, Sheriff, and OCHN are
sometimes individually referred to as a party and collectively as "Parties".
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree as follows:
1. PURPOSE. The purpose of this Agreement is for OCHN to create and provide a pilot
Medication-Assisted Treatment Program ("MAT Program") to treat certain Oakland County
Jail inmates for opioid use disorder.
2. DEFINITIONS. In addition to County, Sheriff, OCHN, Party and Parties, which are defined
above, the following words and expressions, whether used in the singular or plural, within or
without quotation marks, or possessive or nonpossessive, shall be defined and interpreted as
follows:
2.1. Agreement Documents means the following documents, which this Contract includes
and incorporates:
2.1.1. Exhibit I: Insurance Requirements
2.1.2. Exhibit II: Business Associate Agreement
2.1.3. Exhibit III: Funding for Inmate Casework Special Specialist position.
2.2. Claim means any loss; complaint; demand for relief or damages; lawsuit; cause of
action; proceeding; judgment; penalty; costs or other liability of any kind which is
imposed on, incurred by, or asserted against a Party or for which a Party may become
legally or contractually obligated to pay or defend against, whether commenced or
threatened, including, but not limited to, reimbursement for reasonable attorney fees,
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mediation, facilitation, arbitration fees, witness fees, court costs, investigation
expenses, litigation expenses, or amounts paid in settlement.
2.3. Concurrent Board Member means any Oakland County Commissioner who is also
serving as a member of the OCHN Board.
2.4. County Agent shall be defmed as any elected officials, appointed officials, directors,
board members, council members, commissioners, authorities, other boards,
committees, commissions, employees, third-party contractors, departments, divisions,
volunteers, representatives, "Concurrent Board Member", or any such persons'
successors (whether such persons act or acted in their personal representative or official
capacities). County Agent shall also include any person who was a County Agent any
time during the term of this Agreement but, for any reason, is no longer employed,
appointed, elected, or otherwise serving as a County Agent.
2.5. Medication-Assisted Treatment Program ("MAT Program") means the pilot
program created and provided by OCHN under this Agreement to provide MAT
Services to certain Jail inmates.
2.6. Medication-Assisted Treatment Services ("MAT Services") means the services
provided to inmates by OCHN under this Agreement for the purpose of treating opioid
use disorder, including behavioral health services, peer support, screening, testing,
evaluations, the prescribing, dispensing and administering of medications to eligible
inmates, care coordination, and services to help the inmate continue with treatment at
the time of release such as transportation, referrals or healthcare enrollment.
2.7. OCHN Agent means any OCHN employee, officer, director, member, manager,
department, division, trustee, volunteer, attorney, licensee, contractor, subcontractor,
vendor, subsidiary, joint venturer, partner or agent of OCHN, and any persons acting
by, through, under, or in concert with any of the above, whether acting in their personal,
representative or official capacities. OCHN Agent shall also include any person who
was an OCHN Agent at any time during the term of this Agreement but, for any reason,
is no longer acting in that capacity. Notwithstanding the above defmition, OCHN Agent
shall NOT include the County or any Concurrent Board Member.
2.8. Oakland County Sheriff's Office ("OCSO") means the County and the Sheriff.
2.9. Jail means the Oakland County Jail, located at 1201 N. Telegraph Road, Bldg. #10
East, Pontiac, MI 48341.
3. OCSO OBLIGATIONS. Subject to the terms and conditions contained in this Agreement
and applicable changes in law, OCSO will perform the following:
3.1. Referral To OCHN. OCSO will inform inmates who may be eligible to receive
MAT Services about the MAT Program. OCSO will refer them to OCHN for
screening.
3.2. Access to Jail. OCSO will grant OCHN limited access to certain areas within the Jail
for OCHN to provide MAT Services under this Agreement. The specific areas will
be determined by the Sheriff, in his sole discretion. Access will be provided on an
"as-is" and "as-available" basis, to the maximum extent permitted by applicable law.
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The entire risk arising out of the use of the Jail remains at all times with OCHN. The
Sheriff may immediately revoke access to the Jail, at any time, for any reason.
3.3. Inmate Transport Within Jail. OCSO will transport inmates within the Jail to
receive MAT Services.
3.4. Security. OCSO may, at all times, take such action that it believes, in its sole
discretion, is appropriate to maintain the safety and security of the inmates in
accordance with OCSO policies and procedures.
4. OCHN OBLIGATIONS. Subject to the terms and conditions contained in this Agreement
and applicable changes in law, OCHN will perform the following:
4.1. MAT Program. OCHN will create, provide, and pay for a MAT Program for certain
Jail inmates, as determined by OCHN. OCHN shall at all times ensure that the MAT
Program works appropriately within OCSO jail operations.
4.2. Criteria for MAT Program. OCHN will provide OCSO with the criteria that an
inmate must meet to be part of the MAT Program and receive MAT Services
thereunder.
4.3. Inmate Screening. OCHN will screen the inmates referred by OCSO to determine
that inmate's eligibility for MAT services. OCSO will direct its contracted healthcare
provider, currently Correct Care Solutions, to perform any labs ordered by a licensed
physician that is necessary for OCHN to perform this initial screening.
4.4. Staffing for Provision of MAT Services. OCHN may employ, subcontract for, or
otherwise retain and assign OCHN Agents as necessary and appropriate to perform
OCHN' s obligations under this Agreement. OCHN shall ensure that that OCHN' s
Agents have the knowledge, skill, business or professional licenses, and
qualifications to perform under this Agreement. OCHN shall solely control, direct,
and supervise all OCHN Agents with respect to all OCHN obligations under this
Agreement. OCHN will be solely responsible for and fully liable for the conduct and
supervision of any OCHN Agent.
4.4.1. Identification. If requested by the OCSO, the OCHN Agents shall wear and
display OCSO-provided identification at all times while working at the Jail. OCHN
shall return all OCSO-provided identification upon completion of OCHN's
obligations under this Agreement.
4.4.2. Background Checks. At the OCSO' s request, expense, and sole discretion, any
OCHN Agent performing work under this Agreement shall be subject to a
background check by the OCSO. The scope of the background check is at the
discretion of the OCSO and the results will be used to determine the OCHN
Agent's eligibility to access the Jail. OCHN and OCHN Agents shall provide all
information or documents necessary to perform the background check.
4.4.3. OCHN Agent Expenses. All OCHN Agents shall be employed, contracted for,
or otherwise retained at OCHN' s sole expense.
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4.5. Permits and Licenses. OCHN shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and
governmental authorizations necessary for OCHN and OCI-1N Agents to perform
under this Agreement.
4.6 Use of County Pronertv or Facilities. While performing this Agreement, OCHN will
keep the areas of the Jail that it has access to, and anything stored therein, in a clean, safe,
and healthful condition, and in a manner that will not prevent or interfere with the OCSO' s
performance of its functions. Any property that OCHN or OCHN Agents bring into the Jail
shall remain at all times under the care, control, and supervision of OCHN or OCHN
Agents and shall not be left unattended. Notwithstanding the above, the OCSO may, in its
sole discretion, search any property pursuant to OCSO policy and procedure to ensure that
no weapons or contraband are brought into the Jail. OCSO may also limit property brought
into the Jail if OCSO believes, in its sole discretion, that it poses a health or safety risk or
in any way interferes with OCSO's Jail operations. OCHN and its Agents are responsible
for their own property insurance for all equipment and personal property used or stored by
OCIN or its Agents on County property.
4.7 Communication. OCHN will actively communicate with OCSO regarding all inmate
movement needed for the provision of MAT Services. OCHN will also work directly with
OCSO' s contracted healthcare provider for any necessary coordination of care. OCHN will
provide data and records necessary for the classification, security, medical care, custody or
control of inmates to the appropriate OCSO Agents.
4.8 Increase Funding. OCHN will fully fund a full-time eligible Inmate Casework Specialist
position as set forth in Exhibit III.
5. MAT PROGRAM ADVISORY TEAM:
5.1. Creation: This Agreement creates a MAT Program Advisory Team to provide
recommendations and counsel regarding the MAT Program.
5.2. Members: The following will serve on the MAT Program Advisory Team:
5.2.1. For OCSO:
5.2.1.1. The Sheriff or his designee(s).
5.2.2. For OCHN:
5.2.2.1. The Executive Director or his/her designee(s).
5.3. Meetings: The MAT Program Advisory Team will meet regularly, but no less than
monthly, at a mutually agreeable location.
5.4. Review: The MAT Advisory Team will regularly review the specific details related
to implementation of the Mat Program at the Jail (for example, the times that OCHN
Agents will be at the Jail to provide MAT Services) and revise them if necessary.
6. FINANCIAL RESPONSIBILITIES. Each Party shall bear its own expenses and costs to
their respective obligations under this Agreement. There is no joint budgeting or funding under
this Agreement.
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7. ASSURANCES:
7.1. Except as otherwise provided in this Agreement, each Party shall be responsible for
its own acts and the acts of its employees, agents, and subcontractors, the costs
associated with those acts, and the defense of those acts. In no event and under no
circumstances in connection with or as a result of this Agreement shall OCSO be
liable to OCHN, any OCHN Agent, or any other person, for any consequential,
incidental, direct, indirect, special punitive, or other similar damages whatsoever
(including, without limitation, damages for loss of business, profits, business
interruption, or any other pecuniary loss or business detriment) arising from the MAT
Services under this Agreement.
7.2. 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 judgments and attorney fees.
7.3. Except as otherwise provided for in this Agreement, neither Party shall have any right
under this Agreement or under any other legal principle to be indemnified or
reimbursed by the other Party or any of its agents in connection with any Claim.
7.4. This Agreement does not, and is not intended to, impair, divest, delegate or
contravene any constitutional, statutory, or other legal right, privilege, power,
obligation, duty or immunity of the Parties.
7.5. The Parties have taken all actions and secured all approvals necessary to authorize
and complete this Agreement. 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 herein.
7.6. Each Party shall comply with all applicable laws, statutes, regulations, ordinances,
and professional standards including but not limited to 42 CFR Part 2.
8. INSURANCE. At all times during this Agreement, OCHN shall obtain and maintain insurance
in accordance with the specifications listed in Exhibit I. OCHN shall require its contractors
and subcontractors not protected under OCHN's insurance policies to procure and maintain
insurance with coverages, limits, provisions, and clauses equal to those required in this
Agreement, and that are specifically endorsed to name "Oakland County" as an additional
insured.
9. NO IMPLIED WAIVER. Except as otherwise expressly provided for in this Agreement:
9.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any
rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement.
9.2. No waiver of any term, condition, or provision of this Agreement, whether by conduct
or otherwise, in one or more instances, shall be deemed or construed as a continuing
waiver of any term, condition, or provision of this Agreement.
9.3. No waiver by either Party shall subsequently affect its right to require strict
performance of this Agreement.
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10. RECORDS. The Parties will maintain accurate books and records in connection with
performance of this Agreement in accordance with state and local record keeping requirements
under law and shall provide each other with reasonable access to such books and records upon
request.
11. TERM AND RENEWAL.
11.1 Term. This Agreement shall begin on 12:00:00 A.M., October 1, 2017, and shall
remain in effect until it expires without any farther act or notice, at 11:59:59 P.M. on
September 30, 2018.
11.2 Renewal. The Parties are under no obligation to renew or extend this Agreement. This
Agreement may only be renewed or extended by written amendment.
11.3 Legal Effect. This Agreement shall not become effective before all of the following
occur: (a) the Agreement is signed by all Parties, (b) the Agreement is approved by the
County's and the OCIIN's governing bodies, the approval and terms of the Agreement shall
be entered in the official minutes of each of the governing bodies and shall also be filed with
the office of the Clerk of the County, (c) all certificates of insurance required by this
Agreement are submitted and accepted by the County, (d) the Agreement is filed with the
Michigan Secretary of State.
12. AMENDMENTS. All amendments to this Agreement must be in writing and shall not become
effective unless the amendment is signed, approved, filed, and accepted as set forth in
Paragraph 11.3 (Legal Effect). No other act, verbal representation, document, or custom shall
amend this Agreement in any manner.
13. TERMINATION. Any Party may terminate or cancel this Agreement upon thirty (30)
calendar days written notice to the other Parties without incurring obligation or penalty of any
kind. The effective date of termination or cancellation shall be clearly stated in the notice.
Termination or cancellation of this Agreement does not release any Party from any obligations
that Party has pursuant to any law.
14. SUSPENSION. Upon written notice, any Party may suspend performance of this Agreement
if a Party has failed to comply with any law or any requirement contained in this Agreement,
as determined by the suspending Party. The right to suspend performance is in addition to the
right to terminate or cancel this Agreement. A Party shall incur no penalty, expense, or liability
if it suspends performance under this Section
15. INDEPENDENT CONTRACTOR. The legal status and relationship of the Parties shall be
that of an independent contractor. Except as expressly provided herein, each Party will be
solely responsible for the acts of its own employees, agents, and servants during the term of
this Agreement. No liability, right or benefits arising out of an employer/employee
relationship, either express or implied, shall arise or accrue to either Party as a result of this
Agreement.
16. DELEGATION/SUBCONTRACT/ASSIGNMENT.
16.1. Written Consent Required. Except contemplated by this Agreement, neither Party
shall delegate, subcontract, or assign any obligations or rights under this Agreement
without the prior written consent of the other Party.
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16.2. Resnonsibilitv for Assians/Deleeates/Subcontractors. If a Party assigns, delegates,
or subcontracts this Agreement, in whole or in part, that Party shall remain liable for
performance of this Agreement and is solely responsible for the management of
assigns, delegates, and subcontractors.
16.3. Flow Down Clause Required. Any assignment, delegation or subcontract must
include a requirement that the assigns, delegates, or subcontractor will comply with
the terms and conditions of this Agreement. The assignment, delegation or
subcontract shall in no way diminish or impair performance of any term or condition
of this Agreement.
16.4. Indemnification and Insurance Required. Any assignment, delegation, or
subcontract must include a requirement that the contractor or subcontractor fully
defend and indemnify the County and County Agents for any acts of the assigns',
delegates', or subcontractor's related to their performance under this Agreement.
OCHN shall require its contractors and subcontractors, not protected under OCHN' s
insurance policies, to procure and maintain insurance with coverages, limits,
provisions, and/or clauses equal to those required in this Agreement.
17. 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 be indemnified, right to be subrogated to the Parties' right
in this Agreement, or any other right in favor of any other person or entity.
18. SURVIVAL OF TERMS AND CONDITIONS. The following terms and conditions shall
survive and continue in full force beyond the termination or cancellation of this Agreement
until the terms and conditions are fully satisfied or expire by their nature 2 (Definitions), 6
(Financial Responsibilities), 7 (Assurances), 8 (Insurance), 9 (No Implied Waiver), 10
(Records), 12 (Amendments), 15 (Independent Contractor), 16 (Delegation, Subcontract
Assignment), 17 (No Third Party Beneficiaries), 19 (Force Majeure), 21 (Severability), 23
(Notice), 24 (Governing Law/Consent to Jurisdiction and Venue), 25 (Entire Agreement),
Exhibit II (Business Associate Agreement).
19. FORCE MAJEURE. Each Party shall be excused from any obligations under this Agreement
during the time and to the extent that a Party is prevented from performing due to causes
beyond their reasonable control, including but not limited to: (a) acts of public enemies; (b)
natural disasters; (c) terrorism; (d) war; (e) insurrection or riot; or (f) natural disasters.
Reasonable notice shall be given to the affected Party of such event. The Parties are expected,
through insurance or alternative temporary or emergency service arrangements, to continue
their contractual duties or obligations if a reasonably anticipated, insurable business risk, such
as business interruption or any insurable casualty or loss occurs.
20. DISCRIMINATION. The Parties shall not discriminate against their employees, agents,
applicants for employment, or another person or entities with respect to hire, tenure, terms,
conditions, and privileges of employment, or any matter directly or indirectly related to
employment in violation of any state of federal law.
21. SEVERABILITy. If a court of competent jurisdiction finds a term, or condition, of this
Agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from
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this Agreement. All other terms, conditions, and provisions of this Agreement shall remain
in full force.
22. CAPTIONS. Section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and
are not intended to have any substantive meaning. The numbers, captions, and indexes shall
not be interpreted or be considered as part of this Agreement. Any use of the singular or
plural number, any reference to the male, female, or neuter genders, and any possessive or
nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or
possession as the context requires.
23. NOTICE. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage
prepaid, and addressed to the persons listed below. Notice will be deemed given on the date
when one of the following first occur: (1) the date of actual receipt; (2) the next business day
when notice is sent express delivery service or personal delivery; or (3) three days after
mailing first class or certified U.S. mail.
23.1. Notice to the County shall be addressed and sent to: Oakland County Corporation
Counsel, Building 14E, 1200 North Telegraph, Pontiac, Michigan 48341.
23.2. Notice to the Sheriff shall be addressed and sent to: Oakland County Sheriff, 1200
North Telegraph, Building 38 East, Pontiac, Michigan 48341.
23.3. Notice to the OCHN shall be addressed and sent to: Kathleen Kovach, Deputy
Executive Director, 2011 Executive Hills Blvd., Auburn Hills, MI 48326.
23.4. A Party may change the address or individual to which notice is sent by notifying the
other Parties in writing of the change.
24. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement
shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as
otherwise required by law or court rule, any action brought to enforce, interpret, or decide
any Claim arising under or related to this Agreement shall be brought in the Sixth Judicial
Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or
the United States District Court for the Eastern District of Michigan, Southern Division, as
dictated by the applicable jurisdiction of the court. Except as otherwise required by law or
court rule, venue is proper in the courts set forth above. The choice of forum set forth above
shall not be deemed to preclude the enforcement of any judgment obtained in such forum or
taking action under this Agreement to enforce such judgment in any appropriate jurisdiction.
25. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between the Parties
along with the Agreement Documents. In entering into this Agreement, each Party
acknowledges that it has not relied upon any prior or contemporaneous agreement,
representation, warranty, or other statement by the other Parties that is not expressly set forth
in this Agreement, and that any and all such possible, perceived or prior agreements,
representations, understandings, statements, negotiations, understandings and undertakings,
whether written or oral, in any way concerning or related to the subject matter of this
Agreement are fully and completely superseded by this Agreement.
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OAKLAND COUNTY COMMUNITY HEALTH NETWORK:
BY: DATE:
Deputy Executive Director
BY: DATE:
Chief Financial Officer
THE COUNTY OF OAKLAND:
BY: DATE:
Chairperson, Oakland County Board of Commissioners
OAKLAND COUNTY SHERIFF MICHAEL J. BOUCHARD:
BY:
DATE:
Oakland County Sheriff
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EXHIBIT I: INSURANCE REQUIREMENTS
During this Contract, OCHN shall provide and maintain, at its own expense, all insurance as
set forth and marked below, protecting the County and County Agents against any Claims, as
defined in this Agreement.
The insurance shall be written for not less than any minimum coverage herein specified.
§ 1. Primary Coverages
Commercial General Liability Occurrence Form including: (a) Premises and Operations;
(b) Products and Completed Operations (including On and Off Premises Coverage); (c)
Personal and Advertising Injury; (d) Broad Form Property Damage; (e) Independent
Contractors; (f) Broad Form Contractual including coverage for obligations assumed in this
Contract;
$1,000,000 — Each Occurrence Limit
$1,000,000 — Personal & Advertising Injury
$2,000,000 — Products & Completed Operations Aggregate Limit
$2,000,000 — General Aggregate Limit
$ 100,000 — Damage to Premises Rented to You (formally known as Fire Legal Liability)
Professional Liability/Errors & Omissions Insurance with minimum limits of $1,000,000 per
claim and $1,000,000 aggregate.
Workers' Compensation Insurance with limits statutorily required by any applicable Federal
or State Law and Employers Liability insurance with limits of no less than $500,000 each
accident, $500,000 disease each employee, and $500,000 disease policy limit.
1. ID Fully Insured or State approved self - insurer.
2. 0 Sole Proprietors must submit a signed Sole Proprietor form.
3. 0 Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC -
337 Certificate of Exemption.
Commercial Automobile Liability Insurance covering bodily injury or property damage
arising out of the use of any owned, hired, or non-owned automobile with a combined single
limit of $1,000,000 each accident. This requirement is waived if there are no company owned,
hired or non-owned automobiles utilized in the performance of this Contract.
Commercial Umbrella/Excess Liability Insurance with minimum limits of $2,000,000 each
occurrence. Umbrella or Excess Liability coverage shall be no less than following form of
primary coverages or broader. This Umbrella/Excess requirement may be met by increasing
the primary Commercial General Liability limits to meet the combined limit requirement.
§ 2. Supplemental Coverages
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1. Medical Malpractice with minimum limits of $3,000,000 per claim and $3,000,000
aggregate.
§ 3. General Insurance Conditions
The aforementioned insurance shall be endorsed, as applicable, and shall contain the following
terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of
compliance with all required terms, conditions and/or endorsements.
1. All policies of insurance shall be on a primary, non-contributory basis with any other
insurance or self-insurance carried by the County;
2. The insurance company(s) issuing the policy(s) shall have no recourse against the County
for subrogation (policy endorsed written waiver), premiums, deductibles, or assessments
under any form. All policies shall be endorsed to provide a written waiver of subrogation
in favor of the County;
3. Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk ofthe
OCHN;
4. The Commercial General Liability, Professional Liability, Commercial Automobile Liability
and Workers Compensation policies along with any required supplemental coverages shall be
endorsed to name the County of Oakland and it officers, directors, employees, appointees
and commissioners as additional insured where permitted by law and policy form;
5. Certificates of insurance must be provided no less than ten (10) Business Days prior to the
County's execution of the Contract and must bear evidence of all required terms,
conditions and endorsements; and
6. All insurance carriers must be licensed and approved to do business in the State of
Michigan and shall have and maintain a minimum A.M. Best's rating of A- unless
otherwise approved by the County Risk Management Department.
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EXHIBIT H
BUSINESS ASSOCIATE AGREEMENT
(Health Insurance Portability and Accountability Act Requirements)
Exhibit II is a Business Associate Agreement between Contractor ("Business Associate") and the
County ("Covered Entity"). This Exhibit is incorporated into the Contract and shall be
hereinafter referred to as "Agreement." The purpose of this Agreement is to facilitate
compliance with the Privacy and Security Rules and to facilitate compliance with HIPAA and
the HITECH Amendment to HIF'AA.
1. DEFINITIONS. The following terms have the meanings set forth below for purposes of
the Agreement, unless the context clearly indicates another meaning. Terms used but not
otherwise defined in this Agreement have the same meaning as those terms in the Privacy
Rule.
1.1 Business Associate. "Business Associate" means the Contractor.
1.2 CFR. "CFR" means the Code of Federal Regulations.
1.3 Contract. "Contract" means the document with the Purchasing Contract Number:
1.4 Contractor. "Contractor" means the entity or individual defined in the Contract and
listed on the first page of this Contract.
1.5 Covered Entity. "Covered Entity" means the County of Oakland as defined in the
Contract.
1.6 Designated Record Set. "Designated Record Set" is defined in 45 CFR 164.501.
1.7 Electronic Health Record. "Electronic Health Record" means an electronic record of
health-related information on an individual that is created, gathered, managed, and
consulted by authorized health care clinicians and staff.
1.8 IHPAA. "HIPAA" means the Health Insurance Portability and Accountability Act of
1996.
1.9 HITECH Amendment. "HITECH Amendment" means the changes to HIPAA made by
the Health Information Technology for Economic and Clinical Health Act.
1.10 Individual. "Individual" is defined in 45 CFR 160.103 and includes a person who
qualifies as a personal representative in 45 CFR 164.502(g).
1.11 Privacy Rule. "Privacy Rule" means the privacy rule of HIPAA as set forth in the
Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160
and part 164, subparts A and E.
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1.12 Protected Health Information. "Protected Health Information" or "PHI" is defined in
45 CFR 160.103, limited to the information created or received by Business Associate
from or on behalf of Covered Entity.
1.13 Required By Law. "Required By Law" is defined in 45 CFR 164.103.
1.14 Secretary. "Secretary" means the Secretary of the Department of Health and Human
Services or his or her designee.
1.15 Security Incident. "Security Incident" is defined in 45 CFR 164.304.
1.16 Security Rule. "Security Rule" means the security standards and implementation
specifications at 45 CFR part 160 and part 164, subpart C.
2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE. Business
Associate agrees to perform the obligations and activities described in this Section.
2.1 Business Associate understands that pursuant to the HITECH Amendment, it is subject to
the H1PAA Privacy and Security Rules in a similar manner as the rules apply to Covered
Entity. As a result, Business Associate shall take all actions necessary to comply with
the HIPAA Privacy and Security Rules for business associates as revised by the HITECH
Amendment, including, but not limited to, the following: (a) Business Associate shall
appoint a HIPAA privacy officer and a HIPAA security officer; (b) Business Associate
shall establish policies and procedures to ensure compliance with the Privacy and
Security Rules; (c) Business Associate shall train its workforce regarding the Privacy and
Security Rules; (d) Business Associate shall enter into a privacy/security agreement with
Covered Entity; (e) Business Associate shall enter into privacy/security agreements with
its subcontractors that perform functions relating to Covered Entity involving PHI; and
(f) Business Associate shall conduct a security risk analysis.
2.2 Business Associate shall not to use or disclose PHI other than as permitted or required by
this Agreement or as required by law.
2.3 Business Associate shall use appropriate safeguards to prevent use or disclosure of the
PHI. Business Associate shall implement administrative, physical, and technical
safeguards (including written policies and procedures) that reasonably and appropriately
protect the confidentiality, integrity, and availability of PHI that it creates, receives,
maintains, or transmits on behalf of Covered Entity as required by the Security Rule.
2.4 Business Associate shall mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of PHI by Business Associate in
violation of law or this Agreement.
2.5 Business Associate shall report to Covered Entity any known Security Incident or any
known use or disclosure of PHI not permitted by this Agreement.
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2.6 Effective September 23, 2009 or the date this Agreement is signed, if later, Business
Associate shall do the following in connection with the breach notification requirements
of the HITECH Amendment:
2.6.1 If Business Associate discovers a breach of unsecured PHI, as those terms are defined by
45 CFR 164.402, Business Associate shall notify Covered Entity without unreasonable
delay but no later than ten (10) calendar days after discovery. For this purpose,
"discovery" means the first day on which the breach is known to Business Associate or
should have been known by exercising reasonable diligence. Business Associate shall be
deemed to have knowledge of a breach if the breach is known or should have been known
by exercising reasonable diligence, to any person, other than the person committing the
breach, who is an employee, officer, subcontractor, or other agent of Business Associate.
The notification to Covered Entity shall include the tenoning: (a) identification of each
individual whose unsecured PHI has been breached or has reasonably believed to have
been breached and (b) any other available information in Business Associate's possession
that the Covered Entity is required to include in the individual notice contemplated by 45
CFR 164.404.
2.6.2 Notwithstanding the immediate preceding subsection, Business Associate shall assume
the individual notice obligation specified in 45 CFR 164.404 on behalf of Covered Entity
where a breach of unsecured PHI was committed by Business Associate or its employee,
officer, subcontractor, or other agent of Business Associate or is within the unique
knowledge of Business Associate as opposed to Covered Entity. In such case, Business
Associate shall prepare the notice and shall provide it to Covered Entity for review and
approval at least five (5) calendar days before it is required to be sent to the affected
individual(s). Covered Entity shall promptly review the notice and shall not
unreasonably withhold its approval.
2.6.3 Where a breach of unsecured PHI involves more than five hundred (500) individuals and
was committed by the Business Associate or its employee, officer, subcontractor, or other
agent or is within the unique knowledge of Business Associate as opposed to Covered
Entity, Business Associate shall provide notice to the media pursuant to 45 CFR 164.406.
Business Associate shall prepare the notice and shall provide it to Covered Entity for
review and approval at least five (5) calendar days before it is required to be sent to the
media. Covered Entity shall promptly review the notice and shall not unreasonably
withhold its approval.
2.6.4 Business Associate shall maintain a log of breaches of unsecured PHI with respect to
Covered Entity and shall submit the log to Covered Entity within thirty (30) calendar
days following the end of each calendar year, so that the Covered Entity may report
breaches to the Secretary in accordance with 45 CFR 164.408. This requirement shall
take effect with respect to breaches occurring on or after September 23, 2009.
2.7 Business Associate shall ensure that any agent or subcontractor to whom it provides PHI,
received from Covered Entity or created or received by Business Associate on behalf of
Covered Entity, agrees in writing to the same restrictions and conditions that apply to
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Business Associate with respect to such information. Business Associate shall ensure
that any such agent or subcontractor implements reasonable and appropriate safeguards
to protect Covered Entity's PHI.
2.8 Business Associate shall provide reasonable access, at the written request of Covered
Entity, to PHI in a Designated Record Set to Covered Entity or, as directed in writing by
Covered Entity, to an Individual in order to meet the requirements under 45 CFR
164.524.
2.9 Business Associate shall make any amendment(s) to PHI in a Designated Record Set that
the Covered Entity directs in writing or agrees to pursuant to 45 CFR 164.526.
2.10 Following receipt of a written request by Covered Entity, Business Associate shall make
internal practices, books, and records reasonably available to the Secretary in order to
determine Covered Entity's compliance with the Privacy Rule. The afore mentioned
materials include policies and procedures and PHI relating to the use and disclosure of
PH received from Covered Entity or created or received by Business Associate on behalf
of Covered Entity.
2.11 Business Associate shall document disclosures of PHI and information related to such
disclosures, to permit Covered Entity to respond to a request by an Individual for: (a) an
accounting of disclosures of PHI in accordance with 45 CFR 164.528 or (b) effective
January 1, 2011 or such later effective date prescribed by regulations issued by the U.S.
Department of Health and Human Services, an accounting of disclosures PHI from an
Electronic Health Record in accordance with the HITECH Amendment.
2.12 Following receipt of a written request by Covered Entity, Business Associate shall
provide to Covered Entity or an Individual information collected in accordance with
Section 2 to permit Covered Entity to respond to a request by an Individual for: (a) an
accounting of disclosures of PHI in accordance with 45 CFR 164.528 or (h) effective as
of January 1, 2011 or such later effective date prescribed by regulations issued by the
U.S. Department of Health and Human Services, an accounting of disclosures of
Protected Health Information from an Electronic Health Record in accordance with the
HITECH Amendment.
3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE. Business
Associate may use and disclose PHI as set forth in this Section.
3.1 Except as otherwise limited in this Agreement, Business Associate may use or disclose
PHI to perform functions, activities, or services for or on behalf of Covered Entity as
specified in the underlying service agreement between Covered Entity and Business
Associate, provided that such use or disclosure shall not violate the Privacy Rule if done
by Covered Entity or the minimum necessary policies and procedures of the Covered
Entity. If no underlying service agreement exists between Covered Entity and Business
Associate, Business Associate may use or disclose PHI to perform functions, activities,
or services for or on behalf of Covered Entity for the purposes of payment, treatment, or
2017 MAT PROGRAM AGREEMENT
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health care operations as those terms are defined in the Privacy Rule, provided that such
use or disclosure shall not violate the Privacy Rule if done by Covered Entity or the
minimum necessary policies and procedures of the Covered Entity.
3.2 Except as otherwise limited in this Agreement, Business Associate may use PHI for the
proper management and administration of the Business Associate or to carry out the legal
responsibilities of the Business Associate.
3.3 Except as otherwise limited in this Agreement, Business Associate may disclose PHI for
the proper management and administration of the Business Associate or to carry out the
legal responsibilities of the Business Associate, provided that disclosures are Required by
Law or Business Associate obtains reasonable assurances in writing from the person to
whom the information is disclosed that: (a) the disclosed PHI will remain confidential
and will be used or further disclosed only as Required by Law or for the purpose for
which it was disclosed to the person and (b) the person notifies the Business Associate of
any known instances in which the confidentiality of the information has been breached.
3.4 Except as otherwise limited in this Agreement, Business Associate may use PHI to
provide data aggregation services to Covered Entity as permitted by 45 CFR
164.504(e)(2)(i)(B).
3.5 Business Associate may use PHI to report violations of law to appropriate federal and
state authorities, consistent with 45 CFR 164.502(j)(4
§4. OBLIGATIONS OF COVERED ENTITY.
4.1 Covered Entity shall notify Business Associate of any limitation(s) of Covered Entity in
its notice of privacy practices in accordance with 45 CFR 164.520, to the extent that such
limitation may affect Business Associate's use or disclosure of PHI.
4.2 Covered Entity shall notify Business Associate of any changes in or revocation of
permission by an Individual to use or disclose PHI, to the extent that such changes may
affect Business Associate's use or disclosure of PHI.
4.3 Covered Entity shall use appropriate safeguards to maintain and ensure the
confidentiality, privacy and security of PHI transmitted to Business Associate pursuant to
this Agreement, the Contract, and the Privacy Rule, until such PHI is received by
Business Associate, pursuant to any specifications set forth in any attachment to the
Contract.
4.4 Covered Entity shall manage all users of the services including its qualified access,
password restrictions, inactivity timeouts, downloads, and its ability to download and
otherwise process PHI.
4.5 The Parties acknowledge that Covered Entity owns and controls its data.
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4.6 Covered Entity shall provide Business Associate with a copy of its notice of privacy
practices produced in accordance with 45 CFR Section 164.520, as well as any
subsequent changes or limitation(s) to such notice, to the extent such changes or
limitations may effect Business Associate's use or disclosure of PHI. Covered Entity
shall provide Business Associate with any changes in or revocation of
permission to use or disclose PHI, to the extent the changes or revocation may affect
Business Associate's permitted or required uses or disclosures. To the extent that the
changes or revocations may affect Business Associate's permitted use or disclosure of
PHI, Covered Entity shall notify Business Associate of any restriction on the use or
disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR Section
164.522. Covered Entity may effectuate any and all such notices of non-private
information via posting on Covered Entity's web site.
5. EFFECT OF TERMINATION.
5.1 Except as provided in Section 5, upon termination of this Agreement or the Contract, for
any reason, Business Associate shall return or destroy (at Covered Entity's request) all
PHI received from Covered Entity or created or received by Business Associate on
behalf of Covered Entity. This provision shall apply to PHI that is in the possession of
subcontractors or agents of Business Associate. Business Associate shall retain no
copies of PHI.
5.2 If Business Associate determines that returning or destroying the PHI is infeasible,
Business Associate shall provide to Covered Entity written notification of the conditions
that make return or destruction infeasible. Upon receipt of written notification that
return or destruction of PHI is infeasible, Business Associate shall extend the protections
of this Agreement to such PHI and shall limit further uses and disclosures of such PHI to
those purposes that make the return or destruction infeasible, for so long as Business
Associate maintains such PHI, which shall be for a period of at least six (6) years.
6 MISCELLANEOUS.
6.1 This Agreement is effective when the Contract is executed or when Business Associate
becomes a Business Associate of Covered Entity and both Parties sign this Agreement, if
later. However, certain provisions have special effective dates, as set forth herein or as
set forth in H1PAA or the HITECH Amendment.
6.2 Reaulatory References. A reference in this Agreement to a section in the Privacy Rule
or Security Rule means the section as in effect or as amended.
6.3 Amendment. The Parties agree to take action to amend this Agreement as necessary for
Covered Entity to comply with the Privacy and Security requirements of HIPAA. If the
Business Associate refuses to sign such an amendment, this Agreement shall
automatically terminate.
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6.4 Survival. The respective rights and obligations of Business Associate and Covered Entity
under this Agreement shall survive the termination of this Agreement and/or the
Contract.
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Exhibit III
FUNDING FOR INMATE CASEWORK SPECIALIST POSITION
1) OCHN shall fund the County in an NOT TO EXCEED (NTE) amount for the following
position:
$78,032.00 for the cost of one (1) full-time eligible Inmate Casework
Specialist, including fringe benefits.
2) The County will be compensated in the amount of $78,032.00 after October 1, 2017. To
ensure timely payment, the County shall invoice OCHN for the full amount and direct the
invoice to the attention of OCHN' s Chief Financial Officer. Prior to the close of FY18, the
County will provide a cost settlement breakdown of the funding to OCHN's Chief
Financial Officer twenty (20) days after the end of the fiscal year. Cost settlement of this
agreement will be based upon a comparison of the actual allowable expense for the Inmate
Casework Specialist position and the amount paid by OCHN to the County. Any unspent
funds will be returned by the County to OCHN within 30 days of the final settlement letter.
3) The Inmate Casework Specialist shall be assigned duties related to the Jail Alliance With
Support (JAWS) Program and duties related to the MAT Program. The amount of time
spent performing JAWS Program related duties and MAT Program related duties shall be
divided evenly (i.e., 50/50).
4) The County will track and collect the following data, which it will provide to OCHN on a
quarterly basis:
a. Amount of time the Inmate Casework Specialist spends on JAWS Program
related duties (must equal 50%).
b. Amount of time the Inmate Casework Specialist spends on MAT Program related
duties (must equal 50%).
c. For the JAWS Program: the number of people screed for psychiatric referrals,
number of people assessed and treated, and the number of contact hours of
service.
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Resolution #17245 August 23, 2017
The Vice Chairperson referred the resolution to the Human Resources Committee and the Finance
Committee. There were no objections.
FISCAL NOTE (MISC. #17245) September 6, 2017
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — MEDICATION-ASSISTED TREATMENT (MAT) PROGRAM INTERLOCAL
AGREEMENT WITH OAKLAND COMMUNITY HEALTH NETWORK (OCHN) AND REIMBURSEMENT
FOR INMATE CASEWORK SPECIALIST POSITION WORKING ON MAT PROGRAM AND JAIL
ALLIANCE WITH SUPPORT (JAWS) PROGRAM
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. Resolution authorizes the acceptance of reimbursement funding not to exceed $78,032 from the
Oakland Community Health Network (OCHN) for support of a pilot program, Medication-Assisted
Treatment (MAT) which provides opioid use disorder treatment for offenders in the Oakland County
Jail. Reimbursement funding is also for support of the Jail Alliance With Support (JAWS) program.
2. OCHN funding is to create a Full-Time Eligible (FTE) Inmate Casework Specialist position to work
on both the MAT program (50%) and the (JAWS) program (50%) at the Oakland County Jail for the
period October 1, 2017 through September 30, 2018.
3. A Part-Time Non Eligible (PTNE) Inmate Casework Specialist position (#4030320-11285) will be
deleted.
4. The Fiscal Year 2018 budget is amended as follows:
GENERAL FUND #10100
Revenue
4030301-112650-631799
9010101-196030-665882
Expenditures
4030301-112650-702010
4030601-112650-722900
Reimb Contracts
Planned Use of Balance
Total Revenues
Salaries
Fringe Benefit Adjustment
Total Expenditures
FY2018
$ 78,032
(22,829)
$ 55,203
$ 23,333
31.870
$ 55,203
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #17245 September 6, 2017
Moved by KowaII supported by Bowman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
1 HEREBY APPROW THIS RESOLU(ioN
fri EXECUTIVE CHIEF DEPUTY COU1s
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 6,
2017, 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 6th day of September, 2017.
Lisa Brown, Oakland County