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HomeMy WebLinkAboutResolutions - 2018.09.27 - 23785MISCELLANEOUS RESOLUTION #18325 September 27, 2018 BY: Commissioner Christine Long, Chairperson, General tiovernment Committee IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009 INTERGOVERNMENTAL 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 10% of the areas reported AIDS cases and provide HIV/AIDS related services; and WHEREAS the Detroit Health Department, as the lead agency for administering Ryan White Part A, HIV Emergency Relief Grant funds, and the Southeastern Michigan HIV/AIDS Council (SEMHAC) facilitate an ongoing needs assessment process; and WHEREAS this needs assessment shows that Oakland County possesses 19% of HIV/AIDS cases in the Eligible Metropolitan Area (EMA) Counties; and WHEREAS the Detroit Health Department and SEMHAC directly allocated $2.1 million of Ryan White Part A funding to community agencies within Oakland County in FY 2017/18 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 in accordance with the Board of Commissioners Automatic Direct Referral Procedures 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 Intergovernmental 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. Commissioner Christine Long, DistriA#7 Chairperson, General Government himittee GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Kochenderfer and Quarles absent. ADR REVIEW SIGN OFF — Health and Human Services/Health Division RESOLUTION TITLE: Department of Health and Human Services/Health Division — Ryan White HIV/AIDS Treatment Extension Act of 2009 Intergovernmental Agreement Between the County of Oakland and the City of Detroit DEPARTMENT CONTACT PERSON: Rachel Shymkiw 248-452-2151 DATE: 8/28/2018 DEPARTMENT REVIEW Department of Human Resources: Approved (No Committee) — Heather Mason (8/22/2018) Corporation Counsel: Approved w/ Modification to Intergovernmental Agreement — Bradley Benn (8/23/2018) - THIS AGREEMENT, entered into this day of , 20178, between the City of Detroit, by and through its Health Department, hereinafter referred to as the "Cityn , and the County of Oakland, a body politic and corporate, hereinafter referred to as the "County": Department of Management and Budget: Approved — Lynn Sonkiss (8/27/2018) CITY OF DiTR011' DETROIT HEALTH DEVARTMENT 3245.8. JERERSON, SIAM 1OCI DETROIT, MICHIOAN 4017 (313)8764000 TTY:711 \vw,DrA Not August 8, 2018 Leigh-Anne Stafford, Health Officer Oakland County Health Division 1200 N. Telegraph Bldg 34 East Pontiac, MI 48341 Dear Ms. Stafford: The City of Detroit Health Department (DHD) is the recipient of the Ryan White Part A, HIV Emergency Relief Grant for the Detroit eligible metropolitan area, which includes the counties of Lapeer, Macomb, Monroe, Oakland, St. Clair and Wayne. The Ryan White Part A Program's goal is to provide optimal HIV care and treatment for low-income, uninsured, and underinsured persons living with HIV (PLWH) to improve their health outcomes. In the fiscal year spanning March 1, 2017- February 28, 2018 the Part A Program served 3,791 PLWH, 631(17%) were residents of Oakland County. Currently DHD is preparing the Part A application for the grant year starting March 1, 2019. The Ryan White legislation requires Part A recipients to maintain political subdivision expenditures for Ryan White core medical services and support services at a level equal to the one-year period preceding the fiscal year for which the recipient is applying to receive a Part A grant. The legislation also requires Part A recipients to document Intergovernmental Agreements 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. As of July 1, 2017, the Michigan Department of Health and Human Services reports that Oakland County accounts for 19% of the reported AIDS cases in the metropolitan area. As such, I am requesting the following two items: • Maintenance of Effort (MOE) documentation for general fund expenditures of HIV-related core medical services and support services within Oakland County. o I have attached a spreadsheet on which you can document expenditures. • Please list the actual general funds expended between March 1, 2017 and February 28, 2018. If no general funds were expended for HIV-related services listed, please indicate with a zero. The spreadsheet also has a section for you to include a brief statement describing the methodology used to calculate these expenditure amounts. • The spreadsheet includes the FYI 6 MOE information you provided last year as well as a link to the definitions for Ryan White Service Categories. • Signature on the attached intergovernmental agreement. Please return the completed spreadsheet and a scanned copy of the signed agreement to Stephanie Mayweather, Administrative Coordinator, at mayweatherscrWetroitmi.gov by September 7, 2108, for inclusion in the FY 2019 Grant application. Thank you for your cooperation and leadership. Please contact Leanne Savola, HIV/STI Programs Director, for additional information about this request or the Ryan White Program (savolal(a)detroitmi. or 313.870.0073). Sincerely, Joneigh S. Khaldun, MD, MPH, FACEP Director and Health Officer Enclosures: MOE Expenditures Oakland Courity.xls Oakland County __Intergovernmental Agreement.doc cc: Leanne F. Savola, HIV/STI Programs Director Maintenance of Effort Expenditure Summary Detroit Eligible Metropolitan Area FY 2017-18 Oakland County Prepared by: Rachel Shymkiw Telephone: 248-452-2151 Click here for Ryan White Service Category Definitions FY17 Item Description I Agency/Department/Other I Expenditure Core Medical Services Outpatient/Ambulatory Health Services AIDS Drugs Assistance Program AIDS Pharmaceutical Assistance (local) Oral Health Care Early Intervention Services Health Insurance Premium & Cost Sharing Assistance Home Health Care Home & Community-based Health Services Hospice Services Mental Health Services Medical Nutrition Therapy VIedical Case Management (Including Treatment Adherence Substance Abuse Services-Outpatient Support Seili es Non-Medical Case Management Child Care Services Emergency Financial Assistance Food Bank/Home-delivered Meals Health Education/Risk Reduction Housing Services Legal Services Linguistic Services Medical Transportation Services Outreach Services Oakland County Health Division $635,728 Psychosocial Support Services Referral for Health Care/Support Services Rehabilitation Services Respite Care Substance Abuse Services-residential Treatment Adherence Counseling Methodology: General Fund Administration Support for H1V/AIDS prevention program. RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DETROIT AND OAKLAND COUNTY TI-US AGREEMENT, entered into this day of , 2018, 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 of the Detroit eligible metropolitan area (EMA) 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 regarding HIV needs and services in the remainder of the EMA Counties will serve as a basis for determining service need; WHEREAS, Oakland County possesses 19% of reported 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 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 H1V-related services; and 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 IV. 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 o f 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, EM4s/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, EM_As/TGAs must maintain adequate systems for consistently tracking and reporting on expenditure data lbr 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. 2 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. 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 Michael Gingen, Chair Typed Name Typed Name Oakland County Board of Commissioners Title Government Unit Title Government Unit Date Date City of Detroit Health Department Grantee for the Detroit Eligible Metropolitan Area (EMA) 4 rL , z Co mifssioner Thomas Middleton, District #4 Chairperson, Finance Committee FISCAL NOTE (MISC.#18325)H September 27, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009 INTERGOVERNMENTAL 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. The resolution authorizes an intergovernmental agreement between Oakland County and the City of Detroit which will establish the framework to ensure that eligible local governments provide maintenance of effort expenditure information related to the Ryan White Extension Act. 2. The City of Detroit Health Department and Southeastern Michigan HIV/AIDS Council (SEMHAC) directly allocated $2,100,000 of Ryan White Part A funding to community agencies within Oakland County in FY 2017/2018 for the provision of services to persons with HIV/AIDS. 3. The Oakland County Health Division does not receive any funding from the Ryan White HIV/AIDS Treatment Extension Act of 2009. 4. Article III of the agreement allows the SEMHAC to review all findings and supplemental information from the ongoing needs assessment to establish funding priorities. 5. There is no fiscal impact on the County with this Agreement, and no budget amendment is required. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with KowaII absent. Resolution #18325 September 27, 2018 Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (20) 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 FIERMVOPROVE 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 27, 2018, 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 27th day of September, 2018. ake_ <ZE - Lisa Brown, Oakland County