HomeMy WebLinkAboutResolutions - 2021.04.29 - 34368MISCELLANEOUS RESOLUTION #21160 April 29, 2021
BY: Commissioner Penny Luebs, Chairperson, Public Health and Safety Committee
IN RE: 52-4 DISTRICT COURT (TROY) — INTERLOCAL AGREEMENT BETWEEN OAKLAND
COUNTY AND THE OAKLAND COMMUNITY HEALTH NETWORK FOR DRUG TREATMENT COURT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 52nd District Court, Division IV Drug Treatment Court (DTC) has been increasingly
receiving referrals for individuals having substance abuse problems; and
WHEREAS individuals in this special high -risk population have significant rates of recidivism and are
likely to be incarcerated if left untreated; and
WHEREAS the DTC was developed as an alternative to incarceration for individuals who suffer from
mental illness and substance abuse; and
WHEREAS a partnership with the Oakland Community Health Network (OCHN) and the 52nd District
Court, Division IV, has been established to collaborate in providing Peer Recovery Support Services
(PRSS); and
WHEREAS the role of a PRSS provider is to support individuals working on recovery both in the
treatment center and in their natural environment; and
WHEREAS pursuant to the Urban Cooperation Act, MCL 124.501 at seq., the County and the OCHN
would like to enter into an agreement for the purpose of providing peer recovery support services through
a Peer Recovery Coach; and
WHEREAS OCHN will be reimbursed a not -to -exceed amount of $6.200 for FY 2021; and
WHEREAS funding is included in the 52-4 District Court (Troy) — FY 2021 Michigan Drug Court Grant
Program agreement (M.R. #20563); and
WHEREAS an agreement has been drafted (as attached) by the County's Corporation Counsel; and
WHEREAS the agreement has been presented to the OCHN for their approval; and
WHEREAS the Optional Unified Form of Government Act provision MCL 45.556(p) gives the County
Board of Commissioners the statutory authority to "Enter into agreements with other governmental or
quasi -governmental entities for the performance of services jointly."
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached intergovernmental agreement between Oakland County 52-4 District Court (Troy) and Oakland
Community Health Network (OCHN) for the payment not -to -exceed amount of $6,200 to OCHN for
providing peer recovery support services.
BE IT FURTHER RESOLVED that acceptance of this agreement does not obligate the County to any
future commitment.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Agreement on
behalf of the County of Oakland, and hereby accepts and binds the County of Oakland to the terms and
conditions of this Agreement.
BE IT FURTHER RESOLVED no budget amendment is required.
Chairperson, on behalf of the Public Health and Safety Committee, I move the adoption of the foregoing
resolution.
I '-"
CommPennIy Luebs, District 16
Chairp, ublic Health and Safety Committee
PUBLIC HEALTH AND SAFETY COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
DocuSign Envelope ID: 7D1D47A6-82BB-4D82-BA36-Bg00C335E2AB
OAKLAND COUNTY INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
OAKLAND COMMUNITY HEALTH NETWORK
FOR
52-4 District Court Drug Treatment Court
(OCHN # 2021-0308—INTLOC)
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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 OAKLAND COMMUNITY HEALTH NETWORK (hereafter
"OCHN"), 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
5505 Corporate Drive, Troy, Michigan 48098. In this Agreement, either the OCHN or the
County may also be referred to individually as a "Party" orjointly as the "Parties."
Purpose of Agreement
I. I. Pursuant to the Urban Cooperation Act, MCL 124.501 et seq., County and OCHN
enter into this Agreement for the purpose of providing substance abuse and
addiction support services to the 52-4 District Court through a peer recovery coach.
1.2. The public purpose of this Agreement is to allow the County and OCHN to
collaborate in providing substance use disorder support services to individuals
involved in the criminal justice system in the 52-4 District Court Drug
Treatment Court program who have or appear to have a substance use
disorder. These services are provided under the Michigan Drug Court Grant
Program administered by the State Court Administrative Office (SCAO).
2. Definitions
2.1. Drua Treatment Court (DTC) means a judicially supervised treatment program
as an alternative to incarceration for qualifying substance abusing or dependent,
misdemeanor offendersl, which incorporates a continuum of treatment services,
' Violent Offenders as defined in MCLA 600.1060 amended, et. seq., are excluded.
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case management services, addiction and health education programs, and
graduated sanction interventions.
2.2. Agreement Documents mean the following documents, which this Contract
includes and incorporates:
2.2.1. Exhibit f: Financial and Reporting Obligations
2.2.2. Exhibit II: Scope of Services
2.2.3. Exhibit III: Contractor Insurance Obligations
2.2.4. Exhibit IV: Business Associate Agreement
2.3. Claims 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 that
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, mediation, facilitation, arbitration fees, witness fees,
court costs, investigation expenses, litigation expenses, or amounts paid in
settlement.
2.4. County means the County of Oakland and its departments, divisions,
commissioners, elected and appointed officials, directors, board members,
council members, authorities, officers, committees, employees, agents,
subcontractors, volunteers and/or any such persons' successors. For purposes
of this Agreement, Oakland County also includes the 52-4 District Court for
the State of Michigan (Court).
2.5. County Agent shall be defined as any and all elected officials, appointed
officials, directors, board members, council members, commissioners,
authorities, other boards, committees, commissions, employees, third -party
contractors, departments, divisions, volunteers, representatives, and/or any such
persons' successors (whether such persons act or acted in their personal
representative or official capacities), and/or "County Agents" 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, or elected and serving as
an County Agent, and shall include the any "Concurrent Board Member."
2.6. Oakland Communitv Health Network (OCHN) means the statutorily created
public agency that provides public mental health services to adults with serious
mental illness, substance use disorders, children with serious emotional
disturbances and persons with developmental disabilities in Oakland County and
its departments, commissions, boards, institutions, arms, agencies, and
instrumentalities and their present, and future directors, officers, employees,
attorneys, agents, representatives, consultants, contractors, subcontractors, and
volunteers.
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2.7. OCHN Agent shall be defined to include, any and all OCHN Contractor(s)'
employees, officers, directors, board members, concurrent board members,
managers, departments, divisions, trustees, volunteers, licensees,
concessionaires, subcontractors, vendors, subsidiaries, joint ventures or partners,
and/or any such OCHN Contractor(s)' successors or predecessors and any such
successors' or predecessors' employees (whether such persons act or acted in their
personal, representative or official capacities), and/or any and all persons acting
by, through, under, or in concert with any OCHN Contractor(s) "OCHN Agency"
shall also include any person who was a OCHN Agent any time during the term
of this Agreement but, for any reason, is no longer employed, appointed, or serving
as a OCHN Agent, without limitation, any and all employees, officers, directors,
members, managers, departments, and divisions of the OCHN (whether such
persons act or acted in their personal, representative or official capacities but shall
NOT include the County or "Concurrent Board Member" as defined herein.
2.8. Concurrent Board Member shall be defined as any Oakland County
Commissioner who is also serving as a member of the Oakland Community
Health Network Board.
2.9. Peer Recovery Coach means the individual hired or contracted by OCHN to
provide the services described in Exhibit IT, which is ftdly incorporated here by
reference, for the Court.
2.10. Service Provider means a qualified public or private agency that employs
individuals that provide peer recovery support services to adults accepted into the
Drug Treatment Court.
3. OBLIGATIONS OF THE. PARTIES Subject to the terms and conditions in this
Agreement, and except as otherwise provided by law, OCHN shall provide those
services for the County as described in Exhibit II attached to this Agreement and hereby
incorporated and made part of this Agreement. The Parties intend, agree, and
acknowledge that no services, other than those services described in this Agreement, shall
or are otherwise required to be provided by OCHN for or to the County. Additional
services may be contracted by mutual agreement between the Parties.
3.1. The OCHN shall select and contract with one of its Service Providers (the designated
Service Provider) for a Peer Recovery Coach who will meet or exceed the
qualifications described in Exhibit II. OCHN shall perform the services or shall
subcontract through an OCHN direct Service Provider to perform the work
described in Exhibit 11.
3.2. OCHN shall on its own or through the designated Service Provider, a subcontractor
of OCHN, be fully responsible for providing training, supervision, supplies, and
equipment necessary for the Peer Recovery Coach to perform the wort: described in
Exhibit II.
3.3. OCHN shall either provide on behalf of the Peer Recovery Coach, or require that
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the designated Service Provider to provide and maintain, on behalf of the Peer
Recovery Coach, insurance or self-insurance sufficient to meet the County's
requirements, as set forth in Exhibit III, which is incorporated here by reference.
County shall not be responsible for any benefits as indicated below in 3.4.
3.4. The County agrees to pay the sum of six -thousand two hundred dollars ($6,200) to
OCHN for providing, through the designated Service Provider, the services of a Peer
Recovery Coach during the remaining 2021 grant fiscal year, which runs from
October 1, 2020 through September 30, 2021. County shall have no responsibility
or obligation of any type for providing any employee benefits or insurance,
including workers compensation insurance, for the Peer Recovery Coach.
3.5. To ensure timely payment, OCHN will invoice the County monthly for the services
provided by the Peer Recovery Coach. OCHN will calculate this amount based on
the employment costs of the Peer Recovery coach not to exceed six -thousand two
hundred dollars ($6,200) for the remaining grant fiscal year.
3.6. If the Peer Recovery Coach fails to perform the wort: described in Exhibit 11 or fails
to conform to the terms and conditions set forth in the Michigan Drug Treatment
Court Grant, County may request a replacement Peer Recovery Coach from OCHN.
OCHN shall make reasonable efforts to provide a replacement Peer Recovery Coach
and ensure continuation of the services described in Exhibit II.
3.7. The Parties agree that the Peer Recovery Coach is not, and is not intended to be, a
Court or County employee. Peer Recovery Coach is an employee or contractor of
the OCHN or its designated service provider, which has agreed to provide the peer
recovery support services described in Exhibit II through the mechanism of a Peer
Recovery Coach.
3.8. Information obtained by the designated Service Provider and Peer Recovery Coach
may be subject to the Health Insurance Portability and Accountability Act (HIPAA)
and other federal and stale statutes. OCHN shall require that the designated Service
Provider and the Peer Recovery Coach to comply with all relevant statutes and
obligations regarding use and dissemination of such information. In addition to the
foregoing, the Parties agree to comply with all applicable laws and regulations under
this Agreement.
3.9. Grant Funds Unavailable. County may terminate this Agreement immediately if
SCAO advises County that Michigan Drug Court Grant Program Funds become
unavailable.
3.10. Obligations on Termination. Upon termination or expiration of this Agreement,
County will pay any sums due and owing for services provided by OCHN. OCHN
will return to County any identification or access badges which permitted the Peer
Recovery coach to access any County facilities.
4. ASSURANCES AND WARRANTIES.
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4.1. The OCHN agrees to comply with the provisions of any and all laws relating to
nondiscrimination and conflict of interest with governmental employees and,
specifically, any County Agent. The OCHN warrants to avoid any conflict of
interest, whether real or perceived.
4.2. Any and all OCHN services set forth in this Agreement are provided on an "as -is"
and "as -available" basis, without any warranty of any kind, to the maximum extent
permitted by applicable law. The OCHN hereby expressly further disclaims any
and all warranties, of any kind, whether express or implied, including, without
limitation, any implied warranties of merchantability, fitness for a particular
purpose, non- infringement, and/or that any OCHN services under this
Agreement will meet any County needs or requirements, will be uninterrupted,
timely, secure, error or risk free/or that any deficiencies in any OCHN service.
5. NO INDEMNIFICATION.
5.1. Each Party shall be responsible for any Claims made against that Party and for the
acts of its Employees or Agents.
5.2. 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 any attorney fees.
5.3. Except as 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.
5.4. Except as otherwise provided in this Agreement, this Agreement does not and is not
intended to create any third -party obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation or any other right in favor of
any third person or entity.
5.5. 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, duly or immunity of the Parties. Nothing in this Agreement shall be
construed as a waiver of governmental immunity for either Party.
6. LIMITS AND EXCLUSIONS ON OCHN SERVICES.
6.1. In no event and under no circumstances in connection with or as a result of
this Agreement shall the either Party be liable to the other Party, 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 out of this Agreement for any OCHN services hereunder or any
County use or inability to use any OCHN services, even if the County has been
advised of the possibility of such damages.
7. NO IMPLIED WAIVER. Except as otherwise expressly provided for in this Agreement:
7.1. 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
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rights with regard to any existing or subsequent breach of this Agreement.
7.2. 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.
7.3. No waiver by either Party shall subsequently affect its right to require strict
performance of this Agreement.
8. AUDITING, The County agrees that financial records and other relevant records
related to the Services will be available upon request for review or audit by OCHN or
other appropriate officials.
9. AGREEMENT INTERPRETATION. The Parties agree that performance under
this Agreement will be conducted in compliance with all federal, Michigan, and local
laws and regulations. This Agreement is made and entered into in the County of Oakland
and in the State of Michigan. The language of all parts of this Agreement is intended to
and under all circumstances to be construed as a whole according to its fair meaning
and not construed strictly for or against any Party.
10. EFFECTIVE. DATE. AND DURATION OF THE AGREEMENT.
10.1. This Agreement shall commence upon approval of the Agreement by County
Commissioners and OCHN ("Effective Date") and shall end on September 30,
2021.
102. The Parties agree that this Agreement, and/or any subsequent amendments
thereto, shall not become effective prior to the approval by the Oakland County
Board of Commissioners and the OCHN. The approval and terms of this
Agreement, and/or any possible subsequent amendments thereto, shall be entered
in the official minutes and proceedings of the Oakland County Board of
Commissioners and the OCHN Board and shall also be filed with the office of the
Clerk of the County.
10.3. This Agreement shall remain in effect until it is cancelled or terminated by either
of the Parties as provided herein.
11. INDEPENDENT CONTRACTOR. The Parties agree that at all times and for all
purposes under the terms of this Agreement, the OCHN's and/or any and all OCHN
Agents' legal status and relationship to the County 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.
12. TERMINATION OR CANCELLATION OF AGREEMENT. Except as otherwise
provided herein, either Party may terminate and/or cancel this Agreement upon ninety
(90) Days written notice to the other Party. The effective date of termination and/or
cancellation shall be clearly stated in the written notice. Termination of this Agreement
does not release any Party from any obligations that Party has pursuant to any law.
12.1. The Parties agree and acknowledge that either Party's decision to terminate
and/or cancel this Agreement, or any one or more individual OCHN Services
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identified herein, shall not relieve the County or any County payment obligation for
any OCHN Services rendered prior to the effective date of any termination or
cancellation of this Agreement. The provisions of this Subsection shall survive
the termination, cancellation, and/or expiration of this Agreement.
13. 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 federal, state or local law.
14. RECORD RETENTION. The Parties agrees to maintain records in accordance with
state law. All records relative to this Agreement shall be available at any reasonable
time for examination or audit by personnel authorized by the County, OCHN, or law.
15. DF.I,F,GATION/STTBCONTRACT/ASSIGNMENT. Except as otherwise provided
herein, neither Party shall delegate, subcontract, and/or assign any obligations or rights
under this Agreement without the prior written consent of the other Party.
16. FORCE, MAXEIJRE. 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 the Party's control, including, but not limited to, an act of God, war, fire,
strike, labor disputes, civil disturbances, reduction of power source, or any other
circumstances beyond the reasonable control of the affected Party. Reasonable notice
shall be given to the other party of any such event.
17. SEVF,RAAILITY. 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 this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force.
18. CAPTIONS. The 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 non -possessive use in this Agreement shall be deemed
the appropriate plurality, gender or possession as the context requires.
19. NOTICES. 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 person 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.
19.1. If Notice is sent to the County, it shall be addressed and sent to: 1200 North
Telegraph, Pontiac, Michigan 48341.
19.2. If Notice is sent to the OCHN, it shall be addressed and sent to: 5505 Corporate
Drive, Troy, MI 48098.
19.3. Either Party may change the address and/or individual to which Notice is sent
by notifying the other Party in writing of the change.
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20. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by
the laws of the State of Michigan without giving effect to its conflict of law principles.
21. JURISDICTION AND VENUE. Except as otherwise required by law or court rule,
any action brought to enforce, interpret, or decide any Claim(s) 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.
22. AGREEMENT MODIFICATIONS OR AMENDMENTS, Any modifications,
amendments, rescissions, waivers, or releases to this Agreement must be in writing
and executed by both Parties. The Parties agree that no such modification, rescission,
waiver, release or amendment of any provision of this Agreement shall become effective
againstthe County unless signed for by the Oakland County Board of Commissioners. The
Parties further agree that this Agreement shall not be changed, supplemented, or
amended, in any manner, except as provided for herein, and no other act, verbal
representation, document, usage or custom shall be deemed to amend or modify this
Agreement in any manner.
23. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement between
the Parties along with the Agreement Documents. In entering into this Agreement, OCHN
acknowledges that it has not relied upon any prior or contemporaneous agreement,
representation, warranty, or other statement by the County and/or any County Agent 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.
23.1. If there is a contradicting term or condition in any Exhibit to this Agreement,
the Agreement controls.
23.2. It is further agreed that the terms and conditions of this Agreement are contractual
and binding and are not mere recitals. The Parties acknowledge that this
Agreement contains certain limitations and disclaimers of liability.
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OAKLAND COMMUNITY HEALTH NETWORK:
BY �D... Slgnetl by:
mab' Sal, (Aww' DATE: 3/25/2021
Nicole M. Lawson, Ph.D.
Deputy Executive Director / Chief Operating Officer
DocuSlgned by:
9"'1 3/25/2021
BY: DATE:
Anya Eliassen,
Chief Financial Officer
THE COUNTY OF OAKLAND
DATE:
Chairperson, Oakland County Board of Commissioners
DocuSign Envelope ID: 7D1D47A6-8288-4DB2-BA36-B900C335E2AB
OAKLAND COUNTY INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
gum
OAKLAND COMMUNITY HEALTH NETWORK FOR
52-4 District Court Drug Treatment Court
EXHIBIT L• Financial and Reporting Obligations
The not -to -exceed (NTE) amount of this agreement for a fiscal year is $6200 and Oakland County
will fund the OCHN through awarded Michigan Drug Court Grants as follows:
Except as otherwise provided in this Agreement or any Agreement Documents, the OCHN will be
reimbursed up to $6200 for fiscal year expenses associated with a Peer Recovery Coach.
The expenditure reports must be submitted to Probation Supervisor/DTC Coordinator Patricia
Bates batesnaoakeov.com on a monthly basis no later than fifteen (15) days after the close of
each calendar month.
The NTE indicates the maximum possible financial obligation of Oakland County regardless of
OCHN's total costs and expenditures under this Agreement.
The OCHNwill be reimbursed monthly for expenditures incurred after the submission, review
and approval by the Probation Supervisor/DTC Coordinator Patricia Bates of each expenditure
report.
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OAKLAND COUNTY INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
OAKLAND COMMUNITY HEALTH NETWORK FOR
52-4 District Court Drug Treatment Court
EXHIBIT IL• Scope of Services
The Oakland County Drug Treatment Court has been awarded funds through the Michigan Drug
Court Grant Programs with the Supreme Court Administrative Office (SCAO) to contract with
Oakland Community Health Network (OCHN) to provide Peer Recovery Support Services (PRSS).
The role of a PRSS provider is to support individuals working on recovery both in the treatment
center and in their natural environment. Services can be delivered on an individual basis or in groups
providing education or other support services.
The provider must follow the guidelines outlined in the Technical Advisory on PRSS. The provider
must have Policies and Procedures for providing services as noted in the Technical Advisory. It is
the responsibility of the provider to ensure that the Peer Recovery Coach (PRC) maintains recovery.
The role of Peer Recovery Support Services (PRSS) is to support individuals working on recovery
both in the treatment center and in their natural environment. Services can be delivered on an
individual basis or in groups providing education or other support services.
I. Staff Qualifications:
A. The Peer Recovery Coach (PRC) must be willing to share that they have been in
recovery for a minimum of two years. Must be actively working in a recovery
program (twelve -step, church/spiritual, or other recovery support group).
B. High school diploma or equivalent
C. Valid driver's license
D. Must possess interpersonal skills
• Empathy
• Verbal and written communication skills
• Listening skills
• Organizational Skills
E. Must have a good working knowledge of recovery resources and activities.
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Training Remrirements
• Connecticut Community for Addiction Recovery (CCAR)
• Personal Safety
• Confidentiality
• Relapse Prevention
• Cultural Competence
• Recipient Rights
• Communicable Disease/HIV level 1
• CPR/First Aid/Universal Precautions (recommended)
II. Program Services
A. PRC will provide support throughout the treatment process for clients who are
transferring from one level of care to another i.e. detoxification to residential to
outpatient treatment and other community supports.
• Residential Peer Recovery Coaches must follow-up with the client until they have
made their transition to the next level of care. Attempts to contact the client must
be documented in the chart.
f Residential Peer Recovery Coaches must make contact with outpatient
Peer Recovery Coach and document attempts.
B. The PRC will provide services individually or in a group setting. Services will
include but are not limited to:
• Emotional support
Peer mentoring
• Peer -led support groups
• Information regarding various topics:
Parenting class
■ Job readiness training
■ Wellness seminar
• Instrumental: Providing concrete assistance to help others accomplish task
■ Child care
Transportation
• Help accessing community health and social services
• Affiliation: Facilitate contacts with others to promote learning of social skills,
recreational skills and so forth.
• Recovery centers
• Sports league participation
■ Alcohol- and drug -free
■ socialization opportunities
Faith -based
C. There must be documentation in the client's chart reflecting services.
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111. Billing
a. Services are supported as a Staffing Grant at an prorated annualized rate of $6200.
b. The PRC must complete a billing form that will be provided by the County for
reimbursement for mileage. County shall reimburse mileage through available finding
outside of the Michigan Drug Court Grant find, and such amounts shall not be subject
to the NTE amount otherwise set forth in this Agreement.
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OAKLAND COUNTY INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
OAKLAND COMMUNITY HEALTH NETWORK FOR
Drug Treatment Court
EXHIBIT III: Contractor Insurance Obligations
Al all times during this Contract, including renewals and extensions, OCHN shall either provide on
behalf of the Peer Recovery Coach, or require that the designated Service Provider to provide and
maintain, on behalf of the Peer Recovery Coach, insurance or self-insurance sufficient to meet the
County's requirement according the following specifications:
1. General Insurance Minimum Reauirements
a. Commercial General Liability - with the following as minimum requirements:
$1,000,000-Each Occurrence Limit
$2,000,000 General Aggregate Limit (Total Limit)
Occurrence Form Policy
Broad Form Property Damage
Premises/Operations
Independent Contractors
Products and Completed Operations
Blanket — Broad Form Contractual
Personal Injury - Delete Contractual Exclusion
Additional Insured: The County of Oakland and County Agents (as defined in this
Agreement);
b. Workers' Compensation - as required by law and $500,000 Employer's Liability;
c. Automobile Liability and Property Damage - $1,000,000 each occurrence,
including coverage for all owned, hired and non -owned vehicles including No Fault
coverage as required by law;
d. Professional Liability/Errors & Omissions Insurance (as applicable) - with
minimum limits of $1,000,000 per claim and $1,000,000 dollars aggregate.
2. General Certificates of Insurance
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a. All Certificates of Insurance shall contain evidence of the following conditions and/or
clauses and shall be sent to; The County of Oakland and County Agents, Oakland
County Purchasing Division, 2100 Pontiac Lake Road, Bldg 41 W, Waterford, MI
48328-0462 or fax 248-858-1677.
b. The County of Oakland and County Agents (as defined in this Contract) shall be named as
"General Liability" Additional Insured with respect to work performed by the Contractor.
c. All Certificates are to provide 30 days written notice of material change, cancellation, or
non -renewal. Certificates of Insurance or insurance binders must be provided no less than
ten (10) working days before commencement of work to the Oakland County Purchasing
Division. Insurance carriers are subject to the approval of Oakland County.
DocuSign Envelope ID 7D1 D47A6-82B8-4D82-BA36-B900C335E2AB
OAKLAND COUNTY INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY
nmim
OAKLAND COMMUNITY HEALTH NETWORK FOR
Drug Treatment Court
EXHIBIT IV
BUSINESS ASSOCIATE AGREEMENT
(Health Insurance Portability and Accountability Act Requirements)
Exhibit IV is a Business Associate Agreement (BAA) between OCHN ("Business Associate") and
County ("Covered Entity"). This Exhibit is incorporated into Interlocal Agreement and shall be
hereinafter referred to as the "BAA." The purpose of this BAA is to facilitate compliance with the
Privacy and Security Rules and to facilitate compliance with HIPAA and the HITECH Amendment
to HIPAA.
§L DEFINITIONS. The following terms have the meanings set forth below for purposes of
the BAA, unless the context clearly indicates another meaning. Terms used but not
otherwise defined in this BAA have the same meaning as those terms in the Privacy Rule.
1.1 Agreement means the main Interlocal Agreement document to which this exhibit is
attached between County and OCHN.
1.2 Business Associate. "Business Associate' means OCHN and its designated service
providers.
1.3 CFR. "CFR" means the Code of Federal Regulations.
1.4 Covered Entity. "Covered Entity" means the County of Oakland as defined in the
Contract.
1.5 Designated Record Set. "Designated Record Set" is defined in 45 CFR 164.501.
1.6 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.
1.7 HIPAA. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996.
1.8 HITECH Amendment. "HITECH Amendment' means the changes to HIPAA made by
the Health Information Technology for Economic and Clinical Health Act.
1.9 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).
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1.10 Privaev 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.
1.11 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.
1.12 Required By Law. "Required By Law" is defined in 45 CFR 164.103.
1.13 Secretary. "Secretary" means the Secretary of the Department of Health and Human
Services or his or her designee.
1.14 Securitv Incident. "Security Incident" is defined in 45 CPR 164.304.
1.15 Securitv 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
HIPAA 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; (f) Business Associate shall
conduct a security risk analysis: and (g) Business Associate shall provide documentation upon
request in relation to performance under this section.
2.2 Business Associate shall not use or disclose PHI other than as permitted or required by this
BAA 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 (mown 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 BAA.
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
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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 following: (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 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
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materials include policies and procedures and PHI relating to the use and disclosure of PHI
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 or 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 (b) effective as of January 1,
20t 1 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.
2.13 Business Associate shall comply with the requirements of 42 CFR Part 2 in its activities
under the Agreement.
§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 BAA, 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 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 BAA, 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 BAA, 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 BAA, 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
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authorities, consistent with 45 CFR 164.5020)(1).
§4. OBLIGATIONS OF COVERED ENTITY.
4.1 Covered Entity shall notify Business Associate of any limitations) 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 exhibits to the Agreement.
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.
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 affect 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 BAA or the Agreement, 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 BAA is effective when the Agreement 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
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forth in HIPAA or the HITECH Amendment.
6.2 Reeulatory 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 lake action to amend this BAA 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 BAA shall automatically terminate.
6.4 Survival. The respective rights and obligations of Business Associate and Covered Entity
under this BAA shall survive the termination of this Agreement and/or the Contract.
Resolution #21160 April 29, 2021
Moved by Long seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
AYES: Charles, Gershenson, Hoffman, Jackson, Joliat, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward, Cavell. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted.
I !irnY APPROVE THE FOREGOING RESOLUTION
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 April 29, 2021,
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 Circuit Court at Pontiac,
Michigan this 29th day of April, 2021.
Lisa Brown, Oakland County