HomeMy WebLinkAboutReports - 2023.09.21 - 40574
AGENDA ITEM: FY 2024 Interlocal Agreement with Oakland Community Health Network for
Medication-Assisted Treatment Expansion
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 #2023-3323
Motion to approve the attached Interlocal Agreement with the Oakland County Health Network for
the Medication-Assisted Treatment Expansion Program in the amount of $478,060 for the time
period October 1, 2023 through September 30, 2024 and authorize the Chair of the Board of
Commissioners to execute this agreement; further, amend the FY 2024 budget as detailed in the
attached Schedule A.
ITEM CATEGORY SPONSORED BY
Contract Penny Luebs
INTRODUCTION AND BACKGROUND
Oakland County Sheriff’s Office is entering into an interlocal agreement with the Oakland County
Health Network (OCHN) to provide funding to OCHN to increase accessibility to the Medication-
Assisted Treatment (MAT) Program to treat eligible out-county Oakland County Jail (OCJ) inmates
for opioid use disorders and expand available opioid medications to all inmates at the jail. The
agreement period is October 1, 2023 – September 30, 2024, and the not to exceed (NTE) amount is
$478,060.
The following will be provided by OCHN as part of the agreement:
1) OCHN Contractor Sacred Heart and Wellness nursing staff will perform lab testing, drug
testing, distribution of oral medication and injections, and monitoring of symptoms of MAT eligible
participants
2) OCHN Contractor Sacred Heart and Wellness physician will perform medical evaluations and
medication reviews for MAT eligible participants
3) OCHN Contractor Sacred Heart and Wellness behavioral therapy staff will perform
individualized therapy based on individually assessed needs at a minimum of bi-weekly and group
therapy at a minimum of weekly
4) MAT medication Methadone, Vivitrol, and Suboxone
5) OCHN Contractor Peer Recovery Coach will provide support to eligible MAT participants
during their housing at the OCJ, during their release process from the OCJ, and until they have
attended their first appointment for community-based MAT treatment services
6) MAT medication Sublocade injections
The agreement also includes administrative costs associated with the Sacred Heart and Wellness
contract.
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
Gaia Piir, Sheriff Fiscal Officer
Curtis Childs
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 Expansion Schedule A
2. 2023.08.30_OCHN_MAT Expansion_Opiod Funding Interlocal_
Final_MAJ_RM_CO_revapproved
COMMITTEE TRACKING
2023-09-19 Public Health & Safety - Recommend and Forward to Finance
2023-09-20 Finance - 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 – FY 2024 INTERLOCAL AGREEMENT WITH OAKLAND COMMUNITY HEALTH NETWORK (OCHN) FOR MEDICATION-ASSISTED TREATMENT (MAT) EXPANSION
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 Opioid Settlement Fund Sheriff's Office Corrective Svcs FND21280 CCN4030301 RC670280 PRG112650 670000 Opioid Settlement Receipts $478,060 $-$-
Total Revenues $478,060 $-$-
E Opioid Settlement Fund Sheriff's Office Corrective Svcs FND21280 CCN4030301 SC731458 PRG112650 730000 Professional Services $478,060 $-$-
Total Revenues $478,060 $-$-
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
FY2024
INTERLOCAL AGREEMENT FOR MAT EXPANSION PROGRAM
BETWEEN
COUNTY OF OAKLAND AND
OAKLAND COMMUNITY HEALTH NETWORK
OCHN # 2024-0009-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
County to provide funding to OCHN to expand the Medication-Assisted Treatment Program
(“MAT Program”) to treat eligible out-County Oakland County Jail (“OCJ”) inmates for opioid
use disorders and expand available opioid treatment medications to all inmates as described in
Exhibits IV and Exhibit V 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–Out-County
Inmates
1.2.4. Exhibit IV: Funding for Out-County Inmates MAT Programming and
Sublocade Medication for All Inmates
1.2.5. Exhibit V: Inmate Case Work Specialist Position 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 EXPANSION 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
both eligible in-County and out-County OCJ inmates.
1.10.Medication-Assisted Treatment Expansion Program (“MAT Expansion
Program”) means the program to provide MAT Services to eligible out-County
OCJ inmates and the expanded use of the medication Sublocade to both in-County
and out-County inmates.
1.11.Medication-Assisted Treatment Services (“MAT Services”) means the services
provided to inmates by OCHN under this Agreement for the purpose of treating
opioid use disorder, including behavioral health services, peer support, screening,
testing, evaluations, the prescribing, dispensing and administering of medications to
eligible inmates, care coordination, and services to help the inmate continue with
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
treatment at the time of release such as transportation, referrals or healthcare
enrollment.
1.12.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.
1.13.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.
1.14.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.Funding for Out-County Inmates. The County will fund the MAT Program and
MAT Services for out-County inmates in the OCJ as described in Exhibit III and
Exhibit IV.
2.3.Funding for Expanded MAT Services Medication. County will fund the
expanded use of the medication Sublocade to both in-County and out-County
inmates as described in Exhibit IV.
2.4.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.
2.5. County is not obligated or required to provide any additional services that are not
specified in this Agreement.
2.6. 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
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
requested by OCHN's Points of Contact, and if reasonably able to access the
requested information.
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 or for which OCHN has not been
compensated to provide.
3.2.MAT Expansion Program. OCHN will provide the MAT Expansion Program and MAT
Services for eligible out-County OCJ inmates, as determined by OCHN. OCHN shall also
determine which in-County and out-County inmates are eligible for the additional
medication Sublocade. 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 Expansion Program and MAT
Services within OCSO jail operations.
3.3.Criteria for MAT Expansion Program. OCHN will provide OCSO with the criteria that
an inmate must meet to be part of the MAT Expansion Program and receive MAT Services
thereunder.
3.4.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.
3.5.Staffing for Provision of MAT Services. OCHN may employ, subcontract for, or
otherwise retain and assign OCHN Agents as necessary and appropriate to perform
OCHN’s obligations under this Agreement. OCHN shall ensure that that OCHN’s Agents
have the knowledge, skill, business or professional licenses, and qualifications to perform
under this Agreement. OCHN shall solely control, direct, and supervise all OCHN Agents
with respect to all OCHN obligations under this Agreement. OCHN will be solely
responsible for and fully liable for the conduct and supervision of any OCHN Agent.
3.5.1.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.
3.5.2.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.
3.5.3.OCHN Agent Expenses. All OCHN Agents shall be employed, contracted for, or
otherwise retained at OCHN’s sole expense.
3.6.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.
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
3.7. 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
3.8. OCHN shall designate a representative(s) to act as a Point of Contact with County.
The Point of Contact’s responsibilities shall include:
3.8.1. Direct coordination and interaction with County staff.
3.8.2. Communication with the general public when appropriate.
3.9. OCHN shall respond to and be responsible for Freedom of Information Act requests
relating to OCHN’s records, data, or other information.
3.10. 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 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.
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 signatures 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 Exhibit IV.
6.ASSURANCES.
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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
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
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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.
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 or his/her designee and OCHN’s
Agreement Administrator/Point of Contact for possible resolution. County's Director of
Public Services or his/her designee 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 Expansion 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
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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.
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
Director of Public Services.
13.SUSPENSION OF SERVICES. County, through its Director of 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
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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. 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
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 and sent to: 1) 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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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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 EXPANSION 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
Interim Chief Financial Officer
FOR COUNTY OF OAKLAND:
Date:______________
David T. Woodward, Chairperson
Oakland County Board of Commissioners
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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.
§ 2.Supplemental Coverages
1.Medical Malpractice with minimum limits of $1,000,000 per claim and $3,000,000 aggregate.
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
§ 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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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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 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.
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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.
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)
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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 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.
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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 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
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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.
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
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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.
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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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
EXHIBIT III:
FUNDING FOR INMATE CASEWORK SPECIALIST POSITION
1) County shall fund OCHN a NOT TO EXCEED (NTE) amount for the following position:
$41,965.60 for forty 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 V.
3) The Inmate Casework Specialist shall be assigned to forty percent of work time to the duties
related to the MAT Expansion Program for out-County OCJ inmates.
4) The County will track and collect the following data, which it will provide 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;
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 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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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
EXHIBIT IV:
FUNDING FOR INCREASED ACCESSIBILITY TO THE MAT PROGRAM
TO ELIGIBLE OUT-OF-COUNTY OCJ INMATES AND
EXPANDED USE OF OUD MEDICATION FOR ALL INMATES
The purpose of this exhibit is to expand the MAT Program and MAT Services to out of county
individuals who come into the OCJ who are currently being prescribed an Opiate Use Disorder (OUD)
medication or wish to be initiated onto an OUD medication. The purpose of this Exhibit is to make
available .
1. In consideration of all the above factors, County shall fund OCHN in a NOT-TO EXCEED (NTE)
amount of $478,060 for the following budget items:
a) OCHN Contractor Sacred Heart and Wellness nursing staff will perform lab testing, drug
testing, distribution of oral medication and injections, and monitoring of symptoms of MAT
eligible participants at an annual NTE cost of $90,000 and monthly billing rate of $7,500;
b) OCHN Contractor Sacred Heart and Wellness physician will perform medical evaluations and
medication reviews for MAT eligible participants at an annual NTE cost of $114,000 and
monthly billing rate of $9,500;
c) OCHN Contractor Sacred Heart and Wellness behavioral therapy staff will perform
individualized therapy based on individually assessed needs at a minimum of bi-weekly and
group therapy at a minimum of weekly at an annual NTE cost of $60,000 and a monthly billing
rate of $5,000;
d) OCHN Contractor Sacred Heart and Wellness administrative costs at an annual NTE cost of
$6,000 and monthly billing rate of $500;
e) Increased doses of MAT medication Methadone, Vivitrol, and Suboxone at an annual NTE cost
of $24,000 and a monthly billing rate of $2,000;
f) OCHN Contractor Peer Recovery Coach will provide support to eligible MAT participants
during their housing at the OCJ, during their release process from the OCJ, and until they have
attended their first appointment for community based MAT treatment services. Peer Recovery
Specialist services will be provided at an annual NTE cost of $32,000 and monthly billing rate
of $2,667;
g) MAT medication Sublocade injections under the following NTE conditions: 1) each Sublocade
injection at a NTE cost of $1,600; and 2) total FY2024 not-to-exceed cost of $125,000.
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
h) OCHN Administration of Sacred Heart and Wellness Contract fee at an annual NTE cost of
$27,060 and monthly billing rate of $2,255.
2. Under mutual agreement of the parties, the NTE funds within each budget line item contained in
Sec. 1(a) through 1(h) may be moved to other budget line items, as long as the total NTE does not
exceed $478,060.
3. To ensure timely payment, OCHN will invoice the County quarterly for the services provided by
the OCHN Contracted personnel. OCHN will calculate this amount based on the costs of each
position which shall not to exceed $478,060 for the Grant Fiscal Year. In the event OCHN
determines that the NTE amount will be exceeded, OCHN shall notify County and County shall
take reasonable steps to allocate additional funding necessary to cover the costs of services through
a budget amendment to this Agreement in accordance with Section 11, provided that in no event
shall OCHN be responsible for the cost of providing services where the budget is exceeded and the
County was notified.
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
EXHIBIT V:
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.
ADDITIONAL DUTIES & RESPONSIBILITIES
May ensure collection and payment of rehabilitation services fees from inmates before they are released.
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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.
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.
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FY2024 MAT EXPANSION PROGRAM INTERLOCAL AGREEMENT
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.
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