Agenda - 09-06-2012 - 5h - Laserfiche WebLink

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1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:September 6, 2012 Action Agenda Item No.5-h SUBJECT: Provision of Services to Administer Orange Person Chatham Mental Health Excluded Liabilities No DEPARTMENT:PUBLIC HEARING: (Y/N) County Manager County Attorney ATTACHMENT(S):INFORMATION CONTACT: Draft Memorandumof Agreement John Roberts, 245-2318 Frank Clifton, 245-2320 PURPOSE: To approve a Memorandum of Agreementthrough which Orange County will provide certain administrative functions for the dissolving entity known as Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority d/b/a OPC Area Program (“OPC”). BACKGROUND: Effective July 1, 2012, OPC mergedwith the counties comprising Piedmont Behavioral Health Services(“PBH”) in order to comply with state law and provide more effective behavioral health services. Prior to the merger, Orange, Person and Chatham counties were the three counties that comprised OPC. After the merger, OPC will bedissolved and will notbe an ongoing entity. OPC and PBH entered into that certain Plan of Merger and Agreement and Addendum thereto dated June 29, 2012 (collectively referenced as the “Plan”). Pursuant to the Plan, funds were identified and segregated to pay the Excluded Liabilities as defined in the Plan.Exhibit A is a list of the Excluded Liabilities identified and the funds estimated to cover the costs of the Excluded Liabilities. Orange County has agreed to hold the funds segregated on behalf of OPC and provide the management functions necessary (including but not limited to taking possession of the funds, holding the funds in a segregated account for the purpose of paying OPC’s Excluded Liabilities as and when billed and paying the Excluded Liabilities as and when billed from the segregated funds). Orange County is willing to do so for no compensation, but also has no individual liability to provide management functions or pay the Excluded Liabilities in the event the funds set aside for this purpose are exhausted.Orange County will provide a financial report to the st county managers of Orange, Person and Chatham Counties no later than July 31each year which will include at a minimum the beginning balance of the fund, charges to the fund and the ending balance of the fund.