HomeMy WebLinkAboutResolutions - 1998.09.24 - 25544September 24, 1998
MISCELLANEOUS RESOLUTION 198239
BY: Public Services Committee, David Moffitt, Chairperson
IN RE: COMMUNITY MENTAL HEALTH - RESOLUTION TO APPROVE THE SEPARATE LEGAL COUNSEL
RECOMMENDATIONS FOR THE COMMUNITY MENTAL HEALTH BOARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Mental Health Services Board is currently in the process of planning for
the possibility of becoming a Community Mental Health Authority ("Authority -); and
WHEREAS the operation of a Community Mental Health Authority by the Oakland County Community Mental Health
Authority Board would require special legal advice regarding: leases, service agreements with the County of Oakland, labor and
employment issues, the Michigan Mental Health Code, issues related to the Community Mental Health Board's transition to a
Managed Care environment, as well as issues related to the operation of a public body that has separated from the County; and
WHEREAS the Oakland County Board of Commissioners authorized, in resolution #98095, the Oakland County
Community Mental Health Services Board to issue Request for Proposals (UP) to secure legal services; and
WHEREAS the Oakland County Community Mental Health Services Board approved the appointment of a Proposal
Review Committee to select qualified vendors to provide appropriate legal services when the need for specialized legal services
arise; and
WHEREAS a competitive proposal bid process was conducted with the preparation of a Request for Proposals for
Contractual Legal Services; and
WHEREAS legal services to be purchased and upon which bids were received as requested in the RFP designated areas
of legal specialization as: Administrative Law (Real Estate Law, Municipal Law, and Negotiating Agreements between
Governmental Entities, including Leases and Service Agreements); Labor Law (Labor Contracts, Labor Negotiations, and Labor
Related Matters); and Issues Related to Providing Mental Health Services in a Managed Care Environment, in conjunction with
the Michigan Mental Health Code; and
WHEREAS the Review Committee for these programs has met and reviewed submitted proposals by twenty-two (22)
vendors, conducted oral interviews as necessary to determine proposal scores, and made recommendations to the Community
Mental Health Board; and
WHEREAS each proposal was scored based on the evaluation criteria in the RFP for each area of legal specialization
with the following points: Content of Proposal--30 points; Experience, and Expertise--50 points; Proposed Hourly Rate--20; and
WHEREAS considerations used by the Review Committee to determine contract award recommendations included:
knowledge of providing mental health services for residents of the County of Oakland, experience in accomplishing the tasks
involved for a transition to an "Authority" status, knowledge of the Michigan Mental Health Code and the current Managed Care
environment in the State of Michigan, a knowledge of labor contracts and labor related issues, experience negotiating agreements
with governmental entities, and the commitment to be available to the Oakland County Community Mental Health Services Board
and Administration Staff Members by telephone and/or in person, for consultation regarding legal issues, concerns, and questions;
WHEREAS the Oakland County Community Mental Health Services Board has accepted the recommendations of the
Legal Services Review Committee and requests approval to enter into a contract with Cummings, McClorey, Davis and Acho,
P.C. at this time.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Oakland
County Community Mental Health Services Board to enter into contracts for transitional legal services to be effective upon the
Board of Commissioner's adoption of a Oakland County Community Mental Health Authority Transition Plan.
BE IT FURTHER RESOLVED that until such time as the Oakland County Community Mental Health Authority is
actually created and operational, the Oakland County Corporation Counsel shall continue, in all respects, to act as the attorney
for the Oakland County Community Mental Health Services Board as long as the Oakland County Community Mental Health
Services Board shall remain an official Agency of the County and shall be the final legal authority in the representation of any
County interest and in the event there should be any conflict of opinion or with any Oakland County Community Mental Health
Services Board contracted attorney or law firm.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
Ilk0 —jilt jilt Op '
..,4,L,,t -.4.. •or E PUBLIC SERVICES C
Public Services Committee Vote:
Motion carried unanimously with McPherson absent.
Resolution #98239 September 24, 1998
Moved by Moffitt supported by Palmer the resolution be adopted.
Moved by Moffitt supported by Palmer the resolution be amended in the NOW
THEREFORE BE IT RESOLVED paragraph by inserting the words "with Cummings,
McClorey, Davis and Acno, P.C." after "for transitional legal services".
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, 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 24, 1998 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 24th dat?lyt2lieraXpLisim
4,1
Lynn D. Allen, County Clerk