2012-1600-Resolution No. 2012-063 Recorded 5/31/2012REVIE �D�
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY
A Resolution Authorizing Receipt from
Accountable Behavioral Health Alliance of
Surplus Assets to Deschutes County.
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMM'IIS'SIONERS' JOURNAL
I�I I uI l�ll IIII II II I I III III
CLERKS CJ 2012'1600
05/3112012 04:02:02 PM
OF DESCHUTES COUNTY, OREGON
RESOLUTION NO. 2012-063
WHEREAS, Accountable Behavioral Health Alliance (ABHA) is an ORS 190.010 intergovernmental
entity, created by Deschutes, Benton, Lincoln, Crook and Jefferson Counties to perform the functions, duties
and responsibilities involved in obtaining the contract for Oregon Health Plan services and coordinating mental
health and chemical and alcohol dependency services for eligible Oregonians in the member Counties; and
WHEREAS, ABHA has accumulated substantial cash assets which may be used to provide services and
infrastructure to benefit these Oregonians; and
WHEREAS, due to significant changes in the manner and nature of the Oregon Health Plan, and in the
manner and nature of how the State of Oregon will provide funding so that these services will be delivered and
funded for eligible Oregonians, the ABHA member counties have an immediate need to use the ABHA cash
assets to serve these Oregonians; and
WHEREAS, due to significant changes in the manner and nature of the Oregon Health Plan, and in the
manner and nature of how these services will be delivered and funded for eligible Oregonians, the ABHA
Governing Board desires to distribute portions of these cash assets to the member Counties as soon as is
practicable; and
WHEREAS, under ORS 190.080, a party to an intergovernmental agreement creating an
intergovernmental entity may assume responsibility for specific debts, liabilities or obligations of the
intergovernmental entity; and
WHEREAS, since ABHA will continue to function, while also arranging for near term dissolution, it
has offered to distribute a portion of its reserve assets to member Counties provided the recipient Counties agree
to assume sole responsibility for the debt, liability or obligations of ABHA and any of the other members, not to
exceed the amount of the portion of the assets distributed directly to that member County, should ABHA not be
able to meet its obligations, debts or liabilities due to distribution of these assets at this time, or if and when
ABHA should discontinue its operations and responsibilities; now therefore:
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. Deschutes County hereby declares its intention to share in receipt of a portion of ABHA's
reserve assets, which distribution will be based upon a formula used by ABHA to distribute its "Infrastructure
Development" funds.
PAGE 1 OF 2 — RESOLUTION NO. 2012-063
Section 2. Deschutes County agrees to assume sole responsibility for the debt, liability or obligations of
Accountable Behavioral Health Alliance, and any or all of the other Member Counties, should ABHA not be
able to meet its obligations, debts or liabilities due to the distribution of these assets, or if and when ABHA
should discontinue its operations and responsibilities. This assumption of responsibility is limited to the amount
of the actual distribution of assets made to the Member County at this time.
Section 3. Deschutes County's representative on the ABHA governing board is hereby authorized to
execute an agreement to indemnify and hold Accountable Behavioral Health Alliance and any other Member
County of Accountable Behavioral Health Alliance harmless from any responsibility for any debt, liability, or
obligations associated with the distribution of the assets to the Deschutes County at this time. This agreement to
indemnify and hold harmless is limited to amount of the actual distribution of assets made to Deschutes County
at this time.
DATED this, d of 2012. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTESnT::,A,
Recording Secretary
PAGE 2 of 2 - RESOLUTION NO. 2012-063
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ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
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TAMMY B Y,
ComrrYissioner