HomeMy WebLinkAboutResolutions - 1980.11.20 - 12115Miscellaneous Resolution 9611 November 20, 1980
BY: HEALTH AND HUMAN RESOURCES COMMITTEE
IN RE: APPROVAL OF OAKLAND-LIVINGSTON HUMAN SERVICES AGENCY INTER-LOCAL AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous
Resolution #6662 on May 2, 1974; and
WHEREAS this action established the Oakland-Livingston Human Services Agency
and authorized an inter-local agreement between Oakland County, Livingston County and the
Oakland-Livingston Human Services Agency; and
WHEREAS this agreement has helped improve and coordinate the delivery of
Human Services in the two counties; and
WHEREAS a Study Committee, comprised of representatives from Oakland County,
Livingston County and the Oakland-Livingston Human Services Agency, was appointed in
1977 to revise and update the inter-local agreement; and
WHEREAS a similar Study Committee was appointed recently to revise and update
the inter-local agreement for another three year period; and
WHEREAS the Study Committee has completed its work and the Oakland-Livingston
Human Services Agency Governing Board has approved the proposed agreement; and
WHEREAS the Health and Human Resources Committee has approved the proposed
agreement; and
WHEREAS the Livingston County Board of Commissioners is expected to approve this
document at their meeting of December 1 , 1980.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approve the proposed inter-local agreement between Oakland County, Livingston County
and the Oakland-Livingston Human Services Agency.
BE IT FURTHER RESOLVED that such agreement shall be for the period of three
years from the date of the last of the two participating County boards which approved
the inter-local agreement.
Mr. Chairperson, on behalf of the Health and Human Resources Committee, I
move the adoption of the foregoing resolution.
E THE FOREGOING RESOLUTION
IIdERLOCAL AGR
BETWEEN
OAKLAND COUNTY BOARD OF COMMISSIONERS,
LIVINGSTON COUNTY BOARD OF COMMISSIONERS,
AND
OAKLAND LIVINGST ON HTIMAN SERVICE AGENCY
October 15, 1980
TABLE OF CONTENTS
PREAMBLE
I. PURPOSE OF THE INTERLOCAL AGREEMENT
II. DESIGNATION AND LEGALITY
III, SERVICE BOUNDARIES
IV. DURATION OF AGREEMENT
V. PURPOSE OF OLHSA
VI. OLHSA GOVERNING BODY
VII. OLHSA ORGANIZATIONAL STRUCTURE AND STAFFING
VIII. MAJOR RESPONSIBILITIES OF OLHSA
D. FINANCIAL SUPPORT OF OLHSA
X. TERMINATION OF THE INTERLOCAL AGREEMENT
XI. IMMUNITIES AND EXEMPTIONS
XII. COMPLIANCE
XIII. ADDITIONAL AUTHORITY OF OLHSA
XIV. GENERATED REVENUE
XV. CONTRACT AMENDMENT AND RENEWAL
XVI. ADJUDICATION OF DISPUTES
ADDENDUM - SUIVIIVIARY OF VESTED POWERS
GLOSSARY TO THE INTER LOCAL AGREEMENT
INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY BOARD OF COMMISSIONER
LIVTh_TGSTON COUNTY BOARD OF COMMISSIONERS,
AND
OAKLAND LIV=STON HUMAN SERVICE AGENCY
PREAMBLE
Oakland and Livingston Counties acknowledge the need to improve ni..;n -,an
service delivery through effective planning and coordination, rnaxirn':..n
efficient use of resources, and continued emphasis on the needs of the
economically disadvantaged, socially isolated, and elderly. County
government leadership in human service is evidenced in the making of
this contract and the creation of a human service agency.
I. PURPOSE OF THE INTERLOC AL AGREEMENT
Oakland and Livingston Counties, known as parties to the agreement, enter
into this contract known as an interloca.1 Agreement for the purpose of:
(a) delineating the powers and duties of the participating units of government,
(b) creating a separate entity, known as the Oakland Livingston Human Service
Agency, to execute the agreement, (c) providing financial support to Oakland
Livingston Human Service Agency (OLHSA), and (d) setting forth the powers,
duties, and constraints of OLHSA.
V. PURPOSE OF OLHSA.
Oakland Livingston Human Service Agency shall execute the Interlocal
Agreement in accordance with the terms of the contract.
The purpose of OLHSA shall be to carry out the following within the
designated service boundaries by exercising its powers as set forth in
this acreefrent ,
a. Reducing the causes of poverty;
b. Improving the well-being of special groups such as the
near poor, socially isolated, economically and
educationally disadvantaged;
c. Serving as the agent for improving delivery systems
in the areas of health (support services), education
(preschool, compensatory education, and educational
change), child care, outreach, training & employment,
elderly, handicapped, transportation (as it relates to
human service delivery), energy, and housing. The
agent shall stimulate better use of resources by:
(1) aiding the community to be better informed of
human service needs, (2) assisting the Community
to be more responsive to these needs in the use of
its resources, and (3) causing greater institutional
sensitivity to community needs and interests; Li)
maximizing coordination arranEernents and coonerative
written agreements with services and funding sc.eirces;
d. Generating new and better approaches by building
effective communication bridges into the community
for solving people problems through local initiative
with emphasis on local problems having locally
developed solutions with broad community involvement;
e, Assuring representation and development of the
consumers of services (including the poor) in the
planning, conduct & evaluation of services in order
that the consumer can have an orderly and meaning-
ful influence on community planning;
f. Acquiring, constructing, and operating of revenue-
producing facilities, provided that the activities of
such facilities further the purposes of OLHSA as
provided in Subsections (a) through ( e) of this Section.
OLHS,A GOVERNING BODY
Oakland Livingston Human Service Agency shall be required to have
a governing board with its provisions to be stipulated in bylaws.
Should changes in the bylaws of OLHS_A. 'cc necessary, which would
alter the Interlocal Agreement, concurrence of the parties to the
agreement shall be required. The OLHSA Governing Board is the
policy making body of OLHSA.
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In the event petitions for membership to the public and , private sectors are submitted to the OLHSA Governing
.Board, they will be reviewed by the Nominating Committee
in accordance with Procedural Rules governing the sub- - mission of petitions. __This review will take into account
the goals and priorities
The consumer sector elections in Oakland County shall be
either county-wide in one convention or by sections of the
County; the selection of either procedure to be determined
by the Nominating Committee and approved by the OLHSA.
Governing Board based on the most satisfactory means to
arrive at equitable representation. If the elections are by
sections, the boundries and number of seats for each
section would be set forth by the Nominating Committee
based on population concentrations, program participation,
and advisory council membership with emphasis on the
poor. The consumer sector election for Livingston County
would be county-wide due to the limited concentration of
population.
Each year a Nominating Committee of nine persons (three
from each sector) shall be appointed by the OLHSA Governing
Board Chairman and shall be ratified by the OLHSA Governing
Board.
1. The Nominating Committee is a recommending body
to the parties of the Interlocal Agreement through
the County Executive of Oakland County relative to
the representatives for the public and private sectors.
In making recommendations, the committee will
consult with the OLHSA Governing Board and parties
to the Interlocal Agreement and take into account the
agency goals and priorities during the term of office
for which OLHSA Governing Board members are to
be selected. The Nominating Committee recornmend.aticns
are to be submitted to the OLHSA Governing Board f:r
approval, then forwarded by the OLHSA Governin
Chairman to the Oakland County Executive and the
Livingston County Clerk. Livingston County informs the
Oakland County Executive of the appointments. The
Oakland County Executive then forwards the appointments
of both counties to the OLHSA Governing Board Chairman.
f the °LI-ISA Governing 13.3..r.d.
,These petitions will be reviewed after such time as the
OLHS..A. Governing Board has approved the public and
private sector slots.
-o -
The OLHSA Governing Board is empowered to do the following:
. Administer the Interlocal Agreement;
2. Employ an Executive Director, who in turn hires and
deploys staff in accordance with funded program.
components, 7-1nd personnel practices, policies and
requirements of OLHSA;
3. Approve overall program plans and priorities;
4. Conduct its business in regularly scheduled OLHSA
Governing Board meetings and sets up standing and
ad hoc committees to carry out its work. The
standing committees are Executive, Personnel,
Bylaws, and Nominating. The OLHSA Governing
Board is a continuing and effective mechanism
for securing broad community involvement in the
programs;
5. Determine major personnel, fiscal, and program
policies;
6. Apply for Federal, State, private and other grants-
in-aid within the responsibilities of this agreement
and in accordance with Oakland County grant application
procedures as set forth October 18, 1973, in Resolution
6462 or the negotiated arrangements between Oakland
and Livingston Counties.
7. Assure compliance with grant conditions;
8. Assure participation of area residents in the
development and implementation of all programs and
that the consumers of services (including the poor) are
able to influence the character of programming;
9. Keep parties to the Interlocal Agreement informed of
program plans, accomplishments, and fiscal status
and financial needs;
10. Make contracts (a) with agencies, units of government,
etc. for the purchase of OLHSA services, and (b) with
agencies, institutions, etc. for purchase of services to
be delivered to complement programming efforts;
11. Incur debts, liabilities, and obligations within the
limits of its grants, none of which constitute obligations
of the parties to the Interlocal Agreement;
Levy no taxes or bonds;
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F. Advisory Councils of the OLHSA. Governing Board
Advisory councils shall be maintained toprovide consumers
of services an opportunity to make recommendations to the
OLHSA Governing Board an aid in the mobilization of
resources where advisory members can influence such
resources. Advisory councils may have representatives
from public and private agencies or the community at large.
In some cases, advisory bodies are mandated from the
program funding sources, such as Head Start, Senior Citizen
Nutrition under the Older Arnicans Act and shall be organized
as mandated.
Advisory councils will be scheduled on the OLHSA. Governing
Board agenda when there are problems, Lnforrnation, or concerns
requiring OLHSA Governing Board attention in accordance with
the mission and responsibility statements. There will be, however,
a standing agenda item for consumer sector concerns, which need -
not be scheduled in advance on the agenda.
G. Legislative Activities
The OLHSA Legislative Committee, an ad hoc committee, will
continue to study legislation related to human services. The
Legislative Committee Chairman shall keep the Oakland Co -ue-77
Legislative Committee and the Livingston Board of Commissioners
informed of major social legislative matters.
OLHSA ORGANIZATIONAL STRUCTURE AND STAFFING
The OLESA Governing Board shall employ the Executive Director of
OLHSA. The Executive Director, as the chief administrator, shall be
empowered to employ staff in accordance with budgets and an
organizational structure, both of which have been approved by the
.OLHSA Governing Board. The deployment of staff shall be vested in
the Executive Director as an administrative function. The deployment
of staff shall relate to (a) the mission and responsibility and (b) the
operational areas of OLHSA, and (c) adopted personnel practices,
policies and requirements of OLHSA.
-9
Working with local citizen groups to assess human service
problems of the respective area, to stimulate better use
of local resources, to inform the community of human
needs, to assist the community to be more responsive to
these needs, and to encourage broadly based coalitions to
develop working relationships with agencies and units of
government for the purpose of solving human problems;
h. Informing the community of human service needs and
problem areas based on operational data, needs assess-
ments, resources, etc.;
i. Fostering training for agencies, units of government, and
citizens in (a) human service delivery systems and (b) the
role of citizen participation;
Providing and advocating technical assistance to agencies,
institutions, units of government, and community groups
in the area of human problems and services;
k. Maintaining an accounting system and internal controls
that are considered adequate according to accepted
accounting standards to safeguard the assets of the agency,
check the accuracy and reliability of accounting data,
promote operational efficiency, and encourage adherence
to prescribed management policies;
1. Assuring compliance of all current operating contractual
agreements;
m. Maintain capability to define problems consistent with prozrarn.
_priorities in specific demographic terms and to collect and
analyze data as a support service to program development,
resource mobilization, and program monitoring;
n. Preparing budgets, financial reports, progress reports, and
annual reports;
o. Monitoring and evaluating OLESA. operations;
The OLESA shall operate on a system of Management by
Objective (1V1B0). The MI30 system allows program
operations to be accountable in terms of its commitments,
deployment of staff, application of resources, and impact on
problems. ,There will be a Management Information System
(MIS) to complement the MEG system for accountability and
planning purposes. These two inter-related systems are
the basis for monitoring and evaluating OLHSA operations.
The Evaluation Committee of the OLESA Governing Board
will execute its responsibilities in the monitoring and
evaluating of OLHSA programs.
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g.
TO
CA.) Program Progress' Significance of
Review Highlights accomplishments
'DOCUMENT
PREPARED
CONTENTS I FREQUENCY_ I f3Y A P PitO V ED
Problelfi Statements
and Objectives
Treasurer a
LI eports
Demographic detail
of problem to be
addressed & measur-
able objectives
Funding & expendi-
tures by _program acct.
According to Senior
Funding Sources Executive Sta
Monthly I Business &
Finance lily.
01,11SA Governing Board via
its Evaluation Committee
OLI1SA Governing Board and
Parties a the interk.u.al Agreement
via (BALSA Board mailings
OLI1SA Governing
Board
OLUSA Governing
Board
Audits
Program Progress
lievieW•
Status of all program
accounts & accounting.
procedures
Quantitative & quali-
tative results of
operations
Annually
6th month of
operation
& annually
Contractual
audit firms
Senior
Executive
Staff
OEMSA Onverning Hoard
and Parties of the hiterlocal
Agreement
01.11SA Governing !board via
Its Evaluation Ceminitiee
Or
Chart
Staffing pattern I Annually Of fice of
xecutive Dir.
AISA Governing Board
Board structure, Period of
purpose member- interlot:al
ship Agreement
Jata, Eval. & - of the Agreement ,via the .Bylaws Program Div. Committee
Bylaws OLLISA Governing Board and Parties
°LUSA Governing
Binird
Certificates of I Certification of
I coverage
I Annually Div. of
Insurance 8 S
Finance'
Parties of tire triter local Agreement R.I1SA Governing
Board
Grant
Applications
Work Programs and
other funding
requiremerds
According to
Irani. Periods
)iv. of
lusiness
Finance
Assigned
(1)1,11SA Staff
Available to Governing Board
A-95 Review Process and Funding
Agents
—
01.IISA Governing
Board
Corporate Charter I Corporate statust Annually
Fee Certificate
Parties of Agreement and Cbairmen
Oakland Comity Health &filiumn Resources
Committee aml Livingston County Human
Resources Committee
Annually I Senior
Executive Staff
°LUSA. Governing
Hoard
ACC OUNTARturry DOC UME N TS
IX. FINANCLAL SUPPORT OF OLI7T
The financial support of OLHSA will have many sources.
- The support for Oakland Livingston Human Service Agency shall be
forthcoming from Livingston and Oakland County Boards of Commissioners
pursuant to a ratio as determined by the most Current SEMCOG population
projections.
OLI-ISA shall request these funds in writing at the inception of this
contract and each year thereafter in accordance with the fiscal year
of each County. The respective counties shall indicate their financial
support by County Board Resolution. --
- Funds for special interest programing may also be approved by
each County Board of Commissioners as needs are identified
(i.e. ,. senior citizens, child care, etc.) and as funds are available.
- OLHSA may contract its services to units of special purpose
government, agencies, institutions, and others as the need for
such services is identified.
- OLESA may accept gifts (cash or inkind), which facilitate operations.
Also, inkind contribution of space, equipment, volunteer services,
etc. may be accepted as related to program efforts.
- OLHSA shall retain the right to control additional revenues generated
through its activities.
- All support shall be subject to appropriate accounting procedures
and audit.
- The carry-over of funds shall be permitted at 5% of the funding level
and reprogramed as approved by the OLHSA Governing Board and the
county administrators.
- In the event of the termination of the Interlocal Agreement, the
disposition of unexpended funds shall be specified and written into
the termination agreement.
- In addition to the actual contractual obligation, parties to the _Agreement
may appropriate other funds, supplies, facilities, properties, or personnel
services to OLHSA. Parties to the agreement may contract with OL_H,-A.
for program planning, operation, monitoring, evaluation, or act as a
fiduciary of same.
-15-
XIII • ADDITIONAL AUTHORITY OF OLHSA
In addition to the powers delegated to OLHSA through the In.terlocal
Agreement and in accordance with Act 7, OLHS..A, may make and enter
into contracts in its own name; employ agencies or employees; acquire,
manage, maintain or operate buildings; acquire, hold, or dispose of
property; incur debts, liabilities, or obligations; sue and be sued: and
generate revenue from its operations.
XIV. GENERATED REVENUE
Any financial gain accrued to OLESA from its operations shall be
retained by OLHSA for maintenance and improvement of its operations.
XV. CONTRACT AMENDMENT AND RENEWAL
- The amending of the contract shall be carried out in the sae manner
as the original contract was made. The Oakland County and
the Livingston County Clerk are informed by OLHSA of the needed changes.
Review of proposed amendments is done by the [4 ,:._ropriate committees
of both Boards of Commissioners and approval by resolution is given by
the respective County Boards of Commissioners.
There will be a nine member Study Committee to review the Interloc
Agreement each three years prior to its expiration. The composition of
the Study Committee will be as follows:
2 OLHS.A Board members,
1 OLHSA staff member,
2 Members of the Oakland County Board of Commissioners,
2 Staff members representing the Oakland County Executive's Office,
1 County Clerk of Livingston County,
1 Member of the Livingston County Board of Commissioners appointed
by the Livingston County Board Chairman.
ADDET,TIDIC:\el
SUMMARY OF VESTED POWERS
A. Powers of CLESA. as Specified by the Makers of the Inter?cc
Azreernent
1. Executes the Interlocal Agreement as drawn up by the makers.
2. Provides service delivery within specified boundaries.
3. Carries out the following specified purposes:
a. .Reduces poverty,
b. Improves well-being of special groups,
c. Serves as an agent to improve delivery systems and
stimulate better use of resources,
d. Generates new and better communication bridges,
e. Assures representation of the consumers of services
(including the poor), -
f. Acquires, constructs, and operates revenue-producing facilities.
Operates with a Governing Board, which is accountable to
the makers of the contract, with its provisions to be stipulated
in bylaws. Reimburses expenses to Board members.
5. Powers of the Governing Board:
a. Administers the Interlocal Agreement,
b. Employs an Executive Director,
c. Approves overall program plans and priorities,
d. Conducts business at regularly scheduled board meetings,
e. Determines major personnel, fiscal, and program
policies and maintains a fiscal accounting system,
f. Applies for Federal, State, private, and other grants-in-aid,
g. Assures compliance with grant conditions,
h. Assures participation of area residents in program
development and implementation,
i. Informs parties to agreement of program plans,
accomplishments, fiscal status, and financial needs,
j. Makes contracts with agencies and units of government,
k. Incurs debts, liabilities, and obligations within the limits
of its grants,
1. Receives grant monies where the County et al are grant
applicants,
m. Can initiate termination proceedings,
n. Maintains program accountability systems.
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5. The two Counties share in the funding
ways.
LESA. in specified
6. The two Counties hold. OLHSA responsible for specified
accountability documents on regularly scheduled time
frames.
7. The makers of the contract may initiate termination proceedings.
8. The makers of the contract specify:
a. Service boundaries, -
b. Duration of agreement,
c. Governing Board structure, size, purpose, responsibilities,
and functioning mechanisms,
d. Agency purpose. responsibilities. financial, and accountability
procedures.
9. The makers of the contract may appropriate to CLESA. funds,
supplies, etc., other than those provided for in the contract.
10. The makers of the contract specify a procedure to mediate
disputes between the makers of this contract and/or the
separate legal entity. The makers may initiate the dispute
adjudication procedure.
11. The two Counties may reproduce and use copyrighted material
resulting from the contract.
Oakland Livin_gston Human Service Agency (OLHSA) - A separate legal
entity established by the Counties of Oakland and Livingston as set
forth in the Urban Cooperation Act, Act 7, 1967, Section 5c.
Older Americans Act - Federal legislation enabled in 1965 providing
for extended and expanded Federal grants for programs to assist the
elderly.
OLHSA Governing Board - Is the policy making body of the OLHS.A
within the limitations set forth in the interlocal Agreement.
Parties to the Agreement - Makers of the contract or in this agreement
refers to the Counties of Oakland and Livingston.
Separate Legal Entity - As stipulated in the Urban Cooperation Act, a
separate legal entity -created for the purpose . of _executing the
agreement and having the powers delineated in an Interlocal Agreement
manifested in that body.
Technical Assistance - The providing of experienced personnel with _
skills relating to programmatic and operational areas of the ESA.
Urban Cooperation Act - Known as the Urban Cooperation Act, Act 7,
1967, this act provides for interlocal public agency agreements and
standards for such agreements, as well as provides for additional
approval and for the filing and status thereof.
23
#9611 November 20, 1980
Moved by Patterson supported by DiGiovanni the resolution be adopted.
AYES: Gorsline, Hobart, Hoot, Kelly, Lewand, McDonald, Moore, Moxley, Murphy,
Page, Patterson, Perinoff, Pernick, Wilcox, Aaron, Caddell, DiGiovanni, Doyon,
Dunaskiss, Fortino, Gabler. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #9611 adopted by the Oakland County Board of
0 0 0 0 0 <0. semi; 0000 4.01.06 0 • •62•10 a ew e'em B151.4r."06.4... 0 OOP •• • • 0 0 0 0 •
Commissioners at their meeting held on November 20, 1980
7•0••• 01•••••n 0,0 0.0 0A, BO 0# 0•4•41 0 006 ••nn •••n••••••••• ass. se. ooel," <4. oe
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof. ,
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
— . 20th A _ _ - November in 80
Lynn D. Allen......................Clerk
Clerk