HomeMy WebLinkAboutReports - 2023.09.21 - 40571
AGENDA ITEM: FY 2024 Interlocal Agreement with Oakland Community Health Network (OCHN) for
the Medication-Assisted Treatment (MAT) Program Position Reimbursement
DEPARTMENT: Sheriff’s Office
MEETING: Board of Commissioners
DATE: Thursday, September 21, 2023 9:30 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3314
Motion to approve the attached Interlocal Agreement with the Oakland County Health Network for
the Medication-Assisted Treatment Program in the amount of $62,948.40 for the time period
October 1, 2023 through September 30, 2024 to continue one (1) General Fund/General Purpose
(GF/GP) full-time eligible (FTE) Inmate Casework Specialist position (#4030301 – 12026) and
authorize the Chair of the Board of Commissioners to execute the agreement; further, to amend the
FY 2024 budget as detailed in the attached Schedule A.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
The Oakland County Sheriff’s Office is entering into an interlocal agreement with the Oakland
County Health Network (OCHN) to reimburse a position working with the Medication-Assisted
Treatment (MAT) Program to treat eligible in-county Oakland County Jail inmates for opioid disorder
for the time period October 1, 2023 through September 30, 2024. The OCHN will reimburse the
County in the amount not to exceed $62,948.40 for sixty percent (60%) of one (1) full-time eligible
(FTE) Inmate Casework Specialist position (#12026) to work on the MAT Program for October 1,
2023 through September 30, 2024. The remaining portion of position #12026 is projected to be
funded by the Fiscal Year (FY) 2024 Michigan Department of Corrections, Community Corrections
grant.
POLICY ANALYSIS
The continuation of this position is contingent upon continued reimbursement funding.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Curtis Childs
Gaia Piir, Sheriff Fiscal Officer
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 9/21/2023
AGENDA DEADLINE: 09/21/2023 9:30 AM
ATTACHMENTS
1. FY24 OCHN MAT Interlocal Agreement Schedule A
2. Grant Review Sign-Off
3. 2023.08.29_OCHN_MAT Interlocal_Final_MAJ_RM_CO_revapproved
COMMITTEE TRACKING
2023-09-19 Public Health & Safety - Recommend to Board
2023-09-21 Full Board - Adopt
Motioned by: Commissioner Charles Cavell
Seconded by: Commissioner Yolanda Smith Charles
Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (15)
No: None (0)
Abstain: None (0)
Absent: William Miller III, Gary McGillivray, Michael Gingell, Penny Luebs (4)
Passed
Oakland County, Michigan
SHERIFF'S OFFICE – FY2024 INTERLOCAL AGREEMENT WITH OAKLAND COMMUNITY HEALTH NETWORK (OCHN) FOR THE MEDICATION-ASSISTED TREATMENT (MAT) PROGRAM POSITION REIMBURSEMENT
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID (GRN)
#
Project ID
# (PROJ)
Region
(REG)
Budget
Fund
Affiliat
e
(BFA)
Ledger
Account
Summary Account Title
FY 2024
Amendment
FY 2025
Amendment FY 2026
Amendment
R General Fund Grants Sheriff Corrective Services FND10101 CCN4030301 RC631799 PRG112650 GRN-100424 630000 Reimb. Contracts $62,948 $-$-
Total Revenues $62,948 $-$-
E General Fund Non-Departmental FND10100 CCN9090101 SC730359 PRG196030 730000 Contingency $62,948 $-$-
Total Expenditures $62,948 $-$-
9/1/2023
GRANT REVIEW SIGN-OFF – Sheriff’s Office
GRANT NAME: FY 2024 MAT Program Grant
FUNDING AGENCY: Oakland Community Health Network
DEPARTMENT CONTACT PERSON: Jody Barrigan 248-858-4034
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 09/05/2023
Please be advised that the captioned grant materials have completed internal grant review. Below are the returned
comments.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of
the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Sheryl Johnson (08/31/2023)
Human Resources:
Approved by Human Resources. Continues 1 FTE position with no change. HR action not needed. – Heather Mason
(08/30/2023)
Risk Management:
Approved. Agreement allows the county to self-insure. No additional insured requirements. – Robert Erlenbeck
(09/05/2023)
Corporation Counsel:
Approved – Mary Ann Jerge (09/05/2023)
Page 1 of 28
FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
FY2024
INTERLOCAL AGREEMENT FOR MAT PROGRAM
BETWEEN
COUNTY OF OAKLAND AND
OAKLAND COMMUNITY HEALTH NETWORK
OCHN # 2024-0008-SUD
This Agreement (the "Agreement") is made between County of Oakland, a Municipal and
Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"),
and Oakland Community Health Network (“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”), 5505 Corporate Drive, Troy, MI 48098. In this
Agreement, reference to the County shall include reference to the Oakland County Sheriff’s
Office (“OCSO”). In this Agreement, the County and OCHN may be referred to
individually as "Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. County and OCHN enter into this Agreement pursuant to the
Urban Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 et seq., for the purpose of
OCHN to provide funding to County to reimburse a position working with the Medication-
Assisted Treatment Program (“MAT Program”) to treat eligible in-County Oakland County Jail
(“OCJ”) inmates for opioid use disorder as described in Exhibit III and Exhibit IV as described
below.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree to the following:
1.DEFINITIONS. The following words and expressions used throughout this Agreement,
whether used in the singular or plural, shall be defined, read, and interpreted as follows:
1.1.Agreement means the terms and conditions of this Agreement and any other
mutually agreed to written and executed modification, amendment, Exhibit and
attachment.
1.2.Agreement Documents means the following documents, which this Agreement
includes and incorporates:
1.2.1. Exhibit I: Insurance Requirements
1.2.2. Exhibit II: Business Associate Agreement
1.2.3. Exhibit III: Funding for Inmate Casework Specialist Position – In-County
Inmates
1.2.4. Exhibit IV: Inmate Casework Specialist Job Description
1.3.Claims mean any and all third-party losses, claims, complaints, demands for relief or
damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities,
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
penalties, litigation, costs, and expenses, including, but not limited to, reimbursement
for reasonable attorney fees, witness fees, court costs, investigation expenses,
litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of
any kind which are incurred by or asserted against County or OCHN, or for which
County or OCHN may become legally and/or contractually obligated to pay or
defend against, whether direct, indirect or consequential, whether based upon any
alleged violation of the federal or the state constitution, any federal or state statute,
rule, regulation, or any alleged violation of federal or state common law, whether any
such claims are brought in law or equity, tort, contract, or otherwise, and/or whether
commenced or threatened.
1.4.Confidential Information means all information and data that County is required or
permitted by law to keep confidential, including records of County’ security
measures, including security plans, security codes and combinations, passwords,
keys, and security procedures, to the extent that the records relate to ongoing security
of County as well as records or information to protect the security or safety of
persons or property, whether public or private, including, but not limited to, building,
public works, and public water supply designs relating to ongoing security measures,
capabilities and plans for responding to violations of the Michigan Anti-terrorism
Act, emergency response plans, risk planning documents, threat assessments and
domestic preparedness strategies.
1.5.Concurrent Board Member means any Oakland County Commissioner who is
also serving as a member of the OCHN Board.
1.6.County means Oakland County, a Municipal and Constitutional Corporation,
including, but not limited to, all of its departments, divisions, the County Board of
Commissioners, elected and appointed officials, directors, board members,
Concurrent Board Members, council members, commissioners, authorities,
committees, employees, agents, volunteers, and/or any such persons’ successors.
1.7.Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.8.Points of Contact mean the individuals designated by OCHN and identified to
County to act as contacts for communication and other purposes as described
herein.
1.9.Medication-Assisted Treatment Program (“MAT Program”) means the program
created and provided by OCHN under this Agreement to provide MAT Services to
eligible in-County inmates.
1.10.Medication-Assted 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.
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
1.11.OCHN means the statutorily created public agency that is responsible for the
provision of public behavioral health services in Oakland County and its Board,
its departments, its divisions, elected and appointed officials, directors, board
members, council members, commissioners, authorities, committees, employees,
agents, subcontractors, attorneys, volunteers, and/or any such persons’ successors.
1.12.Oakland County Jail (“OCJ”) means the security facility run and managed by the
OCSO, located at 1201 N. Telegraph Road, Bldg. #10 East, Pontiac, MI 48341.
1.13.Oakland County Sheriff’s Office (“OCSO”) means the Sheriff and the County.
2.COUNTY RESPONSIBILITIES.
2.1.Refer Eligible OCJ Inmates to OCHN. OCSO will inform inmates who may be
eligible to receive MAT Services about the MAT Program. OCSO will refer eligible
inmates to OCHN for screening.
2.1.1 Access to OCJ. OCSO will grant OCHN limited access to certain areas within the
Jail for OCHN to provides 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. The Sheriff may immediately revoke access to the Jail, at any time, for any
reason.
2.1.2 Inmate Transport Within Jail. OCSO will transport inmates within the OCJ to
receive MAT Services.
2.1.3 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.
2.2.Immediate Termination. Either Party may terminate or cancel this Agreement, in
whole or in part, immediately, upon notice that any third-party funding for this
Agreement is reduced, eliminated or terminated.
2.3. County is not obligated or required to provide any additional services that are not
specified in this Agreement.
2.4. County may access, use, and disclose transaction information and any content to
comply with the law, such as a subpoena, court order, or Freedom of Information
Act request. County shall first refer all such requests for information to OCHN’s
Points of Contact for their response within the required time frame to the extent
possible. County will provide commercially reasonably assistance for the response if
requested by OCHN's Points of Contact, and if reasonably able to access the
requested information.
2.5. County shall maintain, at its expense, during the term of this Agreement the
following insurance or governmental self-insurance:
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
Required Limits Additional Requirements
Commercial General Liability Insurance
Minimum Limits:
$1,000,000 Each Occurrence
$1,000,000 Personal & Advertising
Injury
$2,000,000 General Aggregate
$2,000,000 Products/Completed
Operations
Automobile Liability Insurance
Minimum Limits:
$1,000,000 Per Accident
Workers' Compensation Insurance
Minimum Limits:
Coverage according to applicable
laws governing work activities
Waiver of subrogation, except where waiver
is prohibited by law.
Employers Liability Insurance
Minimum Limits:
$500,000 Each Accident
$500,000 Each Employee by Disease
$500,000 Aggregate Disease
Privacy and Security Liability (Cyber Liability) Insurance
Minimum Limits:
$3,000,000 Each Claim
$3,000,000 Annual Aggregate
County must have their policy cover
information security and privacy liability,
privacy notification costs, regulatory
defense and penalties, and website media
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
content liability.
Professional Liability (Errors and Omissions) Insurance
Minimum Limits:
$3,000,000 Each Claim
$3,000,000 Annual Aggregate
All commercial insurance must be effected under valid and enforceable policies, issued by
recognized, responsible insurers qualified to conduct business in Michigan which are well-rated
by national rating organizations. All companies providing the required coverage shall be licensed
or approved by the Insurance Bureau of the State of Michigan and shall have a financial rating not
lower than XI and a policyholder's service rating not lower than [A-] as listed in A.M. Best's Key
Rating guide, current edition or interim report.
Contractor must submit certificates evidencing the insurance or governmental self-insurance to
OCHN at the time the Contractor executes this Contract, and as soon as practicable but prior to the
expiration dates of expiring policies.
3.OCHN RESPONSIBILITIES.
3.1. OCHN shall comply with all terms and conditions in this Agreement, including each
selected Exhibit. OCHN is not obligated or required to provide any additional
services that are not specified in this Agreement.
3.2.MAT Program. OCHN will create, provide, and pay for a MAT Program for eligible in-
County OCJ inmates, as determined by OCHN. OCHN shall at all times ensure that the
MAT Program works appropriately within OCSO jail operations which County and OCSO
shall reasonably cooperate with OCHN to support the operation of the MAT Program
within OCSO jail operations.
3.3.Funding. OCHN will fund the eligible Inmate Casework Specialist position as set forth
in Exhibit III and subject to any amendments pursuant to Section 11 of this Agreement.
3.4.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.
3.5.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,
currentlyWellpath, to perform any labs ordered by a licensed physician that is necessary
for OCHN to perform this initial screening.
3.6.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
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
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.
3.6.1.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.
3.6.2.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.
3.6.3.OCHN Agent Expenses. All OCHN Agents shall be employed, contracted for, or
otherwise retained at OCHN’s sole expense.
3.7.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 OCHN Agents to perform under
this Agreement.
3.8. OCHN shall obtain and maintain insurance in accordance with the specifications listed in
Exhibit I. To the extent applicable, 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
3.9. OCHN shall designate a representative(s) to act as a Point of Contact with County.
The Point of Contact’s responsibilities shall include:
3.9.1. Direct coordination and interaction with County staff.
3.9.2. Communication with the general public when appropriate.
3.10. OCHN shall respond to and be responsible for Freedom of Information Act requests
relating to OCHN’s records, data, or other information.
3.11. Third-party product or service providers may require County to pass through to
OCHN certain terms and conditions contained in license agreements, service
agreements, acceptable use policies and similar terms of service or usage, in order to
provide Services to OCHN. OCHN agrees to comply with these terms and
conditions provided County provides OCHN with any applicable terms and
conditions. OCHN must follow the termination provisions of this Agreement if it
determines that it cannot comply with any of the terms and conditions.
4.TERM AND RENEWAL
4.1.Term. This Agreement shall begin on October 1, 2023 and shall expire on
September 30, 2024.
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
4.2.Renewal. The Parties are under no obligation to renew or extend this Agreement.
4.3.Agreement Modifications or Amendments. This Agreement and any amendments
shall be effective when executed by both Parties and/or resolutions passed by the
governing bodies of each Party except as otherwise specified below. The approval
and terms of this Agreement and any amendments, except as specified below, shall
be entered in the official minutes of the governing bodies to the extent required by
that Party’s governing body. An executed copy of this Agreement and any
amendments shall be filed by the County Clerk with the Secretary of State. OCHN
shall secure the approval and signature in accordance with its policies and procedures.
4.4. Notwithstanding Section 4.1, the Chairperson of the Oakland County Board of
Commissioners is authorized to sign amendments to the Agreement to add
Exhibits that were previously approved by the Board of Commissioners. An
amendment signed by the Board Chairperson under this Section must be sent to
the Election Division in the County Clerk’s Office to be filed with the
Agreement once it is signed by both Parties.
4.5. Unless extended by an Amendment, this Agreement shall remain in effect for the
Term, unless cancelled or terminated by any of the Parties pursuant to the terms of
the Agreement.
5.PAYMENTS.
5.1. Fees, charges, rates, and payment terms are provided in the Exhibits, if
applicable.
5.2. Nothing in this Section shall operate to limit County’s right to pursue or exercise any
other legal rights or remedies under this Agreement or at law against OCHN to secure
payment of amounts due to County under this Agreement. The remedies in this
Section shall be available to County on an ongoing and successive basis if OCHN
becomes delinquent in its payment.
5.3. Either Party’s decision to terminate and/or cancel this Agreement, or any one or more
of the individual Exhibits identified in this Agreement, shall not relieve the other
Party of any payment obligation 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.
6.ASSURANCES.
6.1.Responsibility for Claims. Each Party shall be responsible for any Claims made
against that Party by a third party, and for the acts of its employees arising under or
related to this Agreement.
6.2.Responsibility for Attorney Fees and Costs. Except as provided in this
Agreement, 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.
6.3.No Indemnification. Except as otherwise provided for in this Agreement, neither
Party shall have any right under this Agreement or under any other legal principle to
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
be indemnified or reimbursed by the other Party or any of its agents in connection
with any Claim.
6.4.Costs, Fines, and Fees for Noncompliance. Each Party shall be solely
responsible for all costs, fines, penalities, and fees associated with its acts or
omissions related to this Agreement and/or for noncompliance with this
Agreement.
6.5.Reservation of Rights. 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, duty, or immunity of the Parties. Nothing in this
Agreement shall be construed as a waiver of governmental immunity for either
Party.
6.6.Authorization and Completion of Agreement. 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.
6.7.Compliance with Laws. Each Party shall comply with all federal, state, and
local ordinances, regulations, administrative rules, and requirements applicable
to its activities performed under this Agreement.
7. USE OF CONFIDENTIAL INFORMATION
7.1. The Parties shall not reproduce, provide, disclose, or give access to
Confidential Information to County or OCHN employees, agents, or
contractors not having a legitimate need to know the Confidential Information,
or to any third-party. County and OCHN shall only use the Confidential
Information for performance of this Agreement. Notwithstanding the
foregoing, the Parties may disclose the Confidential Information if required by
law, statute, or other legal process provided that the Party required to disclose
the information: (i) provides prompt written notice of the impending disclosure
to the other Party, (ii) provides reasonable assistance in opposing or limiting
the disclosure, and (iii) makes only such disclosure as is compelled or required.
This Agreement imposes no obligation upon the Parties with respect to any
Confidential Information when it can established by legally sufficient evidence
that the Confidential Information: (i) was in possession of or was known by
prior to its receipt from the other Party, without any obligation to maintain its
confidentiality; or (ii) was obtained from a third party having the right to
disclose it, without an obligation to keep such information confidential.
7.2. Subject to any record retention laws or legal requirements,within five (5) business days
after receiving a written request from the other Party, or upon termination of this
Agreement, the receiving Party shall return or destroy all of the disclosing Party’s
Confidential Information.
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
8.DISCLAIMER OF WARRANTIES.
8.1. ALL SERVICES, INCLUDING ANY GOODS, SERVICES, PARTS, SUPPLIES,
EQUIPMENT, OR OTHER ITEMS THAT ARE PROVIDED TO THE OTHER
PARTY UNDER THIS AGREEMENT, ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, “WITH ALL FAULTS.”
8.2. EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
8.3. EACH PARTY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL
MEET THE OTHER PARTY’S REQUIREMENTS; OR (II) THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-
FREE.
9.LIMITATION OF LIABILITY.
9.1. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR
ANY OTHER PERSON, FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, AND/OR PUNITIVE DAMAGES ARISING OUT OF THIS
AGREEMENT, REGARDLESS OF WHETHER THE OTHER PARTY HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN
AND TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF
EITHER PARTY UNDER THIS AGREEMENT (WHETHER BY REASON OF
BREACH OF CONTRACT, TORT, EQUITY, OR OTHERWISE) SHALL NOT
EXCEED THE AMOUNT PAID BY OCHN TO COUNTY WITH RESPECT TO
THE PARTICULAR SERVICE GIVING RISE TO SUCH LIABILITY.
10.DISPUTE RESOLUTION. All disputes relating to the execution, interpretation,
performance, or nonperformance of this Agreement involving or affecting the Parties may
first be submitted to County's Director of Public Services and OCHN’s Agreement
Administrator/Point of Contact for possible resolution. County's Director of Public
Services and OCHN’s Agreement Administrator/Point of Contact may promptly meet and
confer in an effort to resolve such dispute. If they cannot resolve the dispute in five (5)
business days, the dispute may be submitted to the chief executive officials of each Party
or their designees. The chief executive officials or their designees may meet promptly and
confer in an effort to resolve such dispute.
11. AMENDMENTS. The Parties agree to reassess MAT program prior to the end of the
Agreement’s term and execute any amendments agreed to by the Parties. 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 4. No other act, verbal
representation, document, or custom shall amend this Agreement in any manner.
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
12.TERMINATION OR CANCELLATION OF AGREEMENT.
12.1. Either Party may terminate or cancel this entire Agreement or any one of the
Services described in the attached Exhibits, upon one hundred twenty (120) days
written notice, if either Party decided, in its sole discretion, to terminate this
Agreement or one of the Exhibits, for any reason including convenience.
12.2.Immediate Termination. Either Party may terminate or cancel this Agreement, in
whole or in part, immediately, upon notice that any third-party funding for this
Agreement is reduced, eliminated or terminated.
12.3. The effective date of termination and/or cancellation shall be clearly stated in the
written notice. Either the County Executive or the Board of Commissioners is
authorized to terminate this Agreement for County under this provision. A
termination of one or more of the Exhibits which does not constitute a termination
of the entire Agreement may be accepted on behalf of County by its Director of
Public Services.
13.SUSPENSION OF SERVICES. County, through its Director of Public Services, or
OCHN, through its Chief Executive Officer, may immediately suspend Services for any of
the following reasons: (i) requests by law enforcement or other governmental agencies; (ii)
engagement by the other Party in fraudulent or illegal activities relating to the Services
provided herein; (iii) breach of the terms and conditions of this Agreement; or (iv)
unexpected technical or security issues. The right to suspend Services is in addition to the
right to terminate or cancel this Agreement according to the provisions in Section 11.
Neither Party shall not incur any penalty, expense or liability if Services are suspended
under this Section.
14.DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any
obligations or rights under this Agreement without the prior written consent of the other
Party.
15.NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement
shall be construed as creating an employee-employer relationship between County and
OCHN. At all times and for all purposes under this Agreement, the Parties’
relationship to each other is that of an independent contractor. Each Party will be
solely responsible for the acts of its own employees, contractors, 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.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 indemnification, right to subrogation, and/or
any other right in favor of any other person or entity.
17.NO IMPLIED WAIVER. 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. No waiver
of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
one or more instances shall be deemed or construed as a continuing waiver of any term,
condition, or provision of this Agreement. No waiver by either Party shall subsequently
affect its right to require strict performance of this Agreement.
18.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 this Agreement. All other terms, conditions, and provisions of this Agreement shall
remain in full force.
19.PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms and
conditions of any of the documents that comprise this Agreement, the terms in the
Agreement shall prevail and take precedence over any allegedly conflicting terms and
conditions in the Exhibits or other documents that comprise this Agreement.
20.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, any reference to gender, and any use of the nominative, objective or possessive
case in this Agreement shall be deemed the appropriate plurality, gender or possession as the
context requires.
21.FORCE MAJEURE. Notwithstanding any other term or provision of this Agreement,
neither Party shall be liable to the other for any failure of performance hereunder if such
failure is due to any cause beyond the reasonable control of that Party and that Party cannot
reasonably accommodate or mitigate the effects of any such cause. Such cause shall include,
without limitation, acts of God, fire, explosion, vandalism, national emergencies,
insurrections, riots, wars, strikes, lockouts, work stoppages, other labor difficulties, or any
law, order, regulation, direction, action, or request of the United States government or of any
other government. Reasonable notice shall be given to the affected Party of any such event.
22.NOTICES. Except as otherwise provided in the Exhibits, 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: (i) the date of actual receipt; (ii) the next business day when notice is sent express
delivery service or personal delivery; or (iii) three days after mailing first class or certified
U.S. mail.
22.1. If Notice is sent to County, it shall be addressed and sent to: 1) County’s Director of
Public Services, 1200 N. Telegraph Rd Building 28E Pontiac, MI 48341, and 2) the
Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph
Road, Pontiac, Michigan 48341.
22.2. If Notice is sent to OCHN, it shall be addressed to: Director of Provider Network
SUD, 5505 Corporate Drive, Troy, MI 48098, and 2) Chief Legal Officer, 5505
Corporate Drive, Troy, MI 48098.
22.3. Either Party may change the individual to whom Notice is sent and/or the mailing
address by notifying the other Party in writing of the change.
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23.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 6th 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.
24.SURVIVAL OF TERMS. The following terms and conditions shall survive and continue in
full force beyond the termination or cancellation of this Contract (or any part thereof) until
the terms and conditions are fully satisfied or expire by their nature: Definitions (Section 1);
Assurances (Section 6); Use of Confidential Information (Section 7); Disclaimer of
Warranties (Section 8); Limitation of Liability (Section 9); Dispute Resolution (Section 10);
No Employee-Employer Relationship (Section 14); No Third-Party Beneficiaries (Section
15); No Implied Waiver (Section 16); Severability (Section 17); Precedence of Documents
(Section 18); Force Majeure (Section 20); Governing Law/Consent to Jurisidiction and
Venue (Section 22); Survival of Terms (Section 23); Entire Agreement (Section 24).
25.ENTIRE AGREEMENT.
25.1. This Agreement represents the entire agreement and understanding between the
Parties regarding the Services described in the attached Exhibits. With regard to
those Services, this Agreement supersedes all other oral or written agreements
between the Parties.
25.2. The language of this Agreement shall be construed as a whole according to
its fair meaning, and not construed strictly for or against any Party.
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
The Parties, by signing below, enter into this Interlocal Agreement for the MAT Expansion
Program in the Oakland County Jail.
FOR THE OAKLAND COMMUNITY HEALTH NETWORK:
___________________________________________Date:______________
Adam Jenovai
Chief Operating Officer/ Deputy Executive Director
___________________________________________Date: ______________
Patrick Franklin
Chief Financial Officer (Interim)
FOR COUNTY OF OAKLAND:
Date:______________
David T. Woodward, Chairperson
Oakland County Board of Commissioners
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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.☐ Fully Insured or State approved self‐insurer.
2.☐ Sole Proprietors must submit a signed Sole Proprietor form.
3.☐ 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.
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
§2. Supplemental Coverages
OCHN’s Contractor shall maintain Medical Malpractice with minimum limits of
$1,000,000 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 of the
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 with
respect to work performed under this Agreement;
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 II: 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 HIPAA.
§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 HIPAA. “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.
1.12 Protected Health Information. “Protected Health Information” or “PHI” is defined in
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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 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 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 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.
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
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
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 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 (b) 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
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
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 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)(1).
§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.
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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 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 HIPAA or the HITECH Amendment.
6.2 Regulatory 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.
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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.
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 a NOT TO EXCEED (NTE) amount for the
following position:
$62,948.40 for sixty percent of the total $104,914 cost of a full-time
eligible Inmate Casework Specialist, which includes fringe benefits.
2) The Inmate Casework Specialist Job Description is attached as Exhibit IV.
3) The Inmate Casework Specialist shall be assigned to approximately sixty percent of
work time to the duties related to the MAT Program for in-County OCJ inmates.
4) The County will be compensated in the amount of $62,948.40 after October 1, 2023.
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 FY24, 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.
5) The County will track and collect the following data, which it will provide to OCHN
on a monthly basis:
a. The number of in-county OCJ inmates screened for OCJ MAT services and
the number of out-county OCJ inmates screened for OCJ MAT services;.
b. The number of in-county OCJ inmates who participated in the OCJ MAT
program and the number of out-county OCJ inmates who participated in the
OCJ MAT program;.
c. The number of currently active in-county and out-county OC inmates
participating in the OCJ MAT program; and
d. Throughout the term of the Agreement, the Parties shall review the MAT
Program and the MAT Expansion Program data and the related duties of the
Inmate Casework Specialist and agree to address any mutually agreed upon
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
change in the percentage of the Parties funding for the position through a
written Amendment under Sec. 11 of the Agreement.
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EXHIBIT IV:
INMATE CASEWORK SPECIALIST JOB DESCRIPTION
Class Title: INMATE CASEWORK SPECIALIST
Department: Sheriff Office/ Corrective Services – Detention Facilities
Reports To: Inmate Caseworker Supervisor
FLSA Status: Non-Exempt
GENERAL SUMMARY
Under general supervision, conducts evaluation interviews with sentenced jail inmates to assess
their substance abuse, mental health and criminal history. Makes recommendations on
appropriateness of inmates' participation in structured pre-release substance abuse or mental
health programs and/or alternative sentencing programs. Utilizes current county-wide and/or
department specific software to complete assignments.
SUPERVISION EXERCISED
None.
ESSENTIAL JOB FUNCTIONS
Conducts initial intake interviews to assess substance abuse, mental health and criminal history
and other skills of sentenced inmates nearing their release dates to determine appropriateness for
participation in pre-release substance abuse program and/or alternative sentencing programs.
Prepares paperwork and arranges for incarceration and/or appropriate inpatient or out patient
services.
Maintains documentation, including a monthly report of all clients and related contacts.
Contacts inmate's family and/or employer, when appropriate, to gather additional information
and to offer assistance in the form of family counseling and referrals to community services.
Consults with immediate supervisor and /or Inmate Caseworker on more complex cases when
appropriate and makes referrals as jail policy indicates.
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
ADDITIONAL DUTIES & RESPONSIBILITIES
May ensure collection and payment of rehabilitation services fees from inmates before they are
released.
May conduct on-site drug testing. This includes collecting the sample and ensuring appropriate
collection.
Uses computer software to perform duties and Law Enforcement Information Network (L.E.I.N)
to track criminal history of inmates and documents this activity.
Utilizes current county-wide and/or department specific software to complete assignments.
ESSENTIAL PHYSICAL & MENTAL REQUIREMENTS
Ability to communicate to accurately convey information.
Ability to research, gather and analyze data and information to create reports.
WORKING CONDITIONS
Work is performed in a typical correctional institution environment.
May encounter situations where people could become confrontational.
IMPORTANT NOTE: The primary purpose of this job description is to set a fair and equitable
salary range for this job classification. Generally, only those key duties necessary for proper job
evaluation and/or labor market analysis have been included. Other duties and responsibilities will
be assigned by the supervisor.
EXPERIENCE, TRAINING, KNOWLEDGES, SKILLS & ABILITIES
A. REQUIRED MINIMUM QUALIFICATIONS
1.Possess a Bachelor's degree from an accredited college or university with a major
in Psychology, Sociology, Social Work, Criminal Justice, or other closely related
behavioral science field.
2.Have had one (1) year of full-time work experience performing screening and
assessments or providing counseling in a substance abuse or correctional setting.
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3.Have not been convicted of a violation of criminal law. (Criminal law generally
includes all offenses except traffic law, conservation law, and liquor law.
Generally, conviction for a violation of criminal law is automatically
disqualifying.)
4.Possess a valid motor vehicle operator's or chauffeur's license.
5.Pass the complete examination, including the employment medical established for
this classification.
6.Successfully complete the six-month probationary period.
B. ADDITIONAL DESIRABLE QUALIFICATIONS
1.Considerable familiarity with correctional institutions and the criminal justice
system.
2.Reasonable experience and skill in interviewing and training procedures, and
techniques.
3.Reasonable knowledge of correction practices, procedures, and resources,
including casework, group work, and community organization methods.
4.Reasonable knowledge of community substance abuse and mental health treatment
resources.
5.Reasonable ability to work with and gain the cooperation of criminal offenders.
6.Reasonable ability to communicate under adverse conditions with distressed
people.
7.Reasonable ability to prepare and present written and oral reports.
8.Reasonable ability to develop and maintain effective relationships with people.
9.Familiar with current word processing, spreadsheet, database, e-mail and Internet
software.
C. SPECIAL REQUIREMENTS
1.Maintain a valid motor vehicle operator's or chauffeur's license.
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FY2024 MAT PROGRAM INTERLOCAL AGREEMENT
2.A field investigation will be conducted covering an evaluation of employment,
school, home, credit, criminal, military or other personal records. Any conviction
or convictions for moving traffic violations, accidents, non-moving traffic
violations, or violations of other laws will be reviewed by the Sheriff Office before
an applicant can be appointed. Informationobtained during the background
investigation will be considered in the hiring decision.
APPROVED BY:
DATE: 04/21/15