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HomeMy WebLinkAboutResolutions - 1974.05.02 - 15227Miscell° : , ' 6662 May 2, 1974 IN RE: INTE.:-LCCAL A•C;f2...,IENT F_ITWEEN OAKLAND C:2 1 i.ORMATION OF TF-H: ;.`if AND SERVICE COUNT"--:. Hurnr.in ic iiferemtioned ne Cornrr..;!..•-••• its sub-con-.: have he con vic to this end cHr'' -• • that ic will be rioht and •.:••••••.:,•••r cnd Yv pc1 rts _ivie_es need of the or Corr ith authoi -•mers shall ID,: .•;c:e jr. • . HUMAN F(. TTEE BY: COlvIAAITTEE Wallace F. Gabler, Jr, , Chairman TO IF' Mr, AND COUNTY BOARD OF COIN.: Ind GE tF y a•_kland has 'e in the area of human res0„:• WHEREf.7 -• .-:?deral and Stab: to of Tfld Count, Servic- ncy shall be of the H and Cc,inv frIc,rn INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY BOARD OF COMMISSIONERS, LIVINGSTON COUNTY BOARD OF COMMISSIONERS, AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY April 1974 DRAFT TABLE OF CONTENTS PREAMBLE I. PURPOSE OF THE INTER LOCAL AGREEMENT II. DESIGNATION AND LEGALITY III. SERVICE BOUNDARIES IV. DURATION OF AGREEMENT V. VESTED POWERS IN THE INTERLOCAL AGREEMENT VI. PURPOSE OF OLHSA VII. OLHSA GOVERNING BODY VIII. OLHSA ORGANIZATIONAL STRUCTURE AND STAFFING DC MAJOR RESPONSIBILITIES OF OLIISA X. FINANCIAL SUPPORT OF OLHSA XI. TERMINATION XII. IMMUNITIES AND EXEMPTIONS XIII. COMPLIANCE XIV. ADDITIONAL AUTHORITY OF OLHSA XV. GENERATED REVENUE XVI. CONTRACT AMENDMENT XVII. ADJUDICATION OF DISPUTES XVIII. GLOSSARY INTERLOCAL AGREEMENT BETWEEN' OAKLAND COUNTY BOARD OF COMMISSIONERS, LIVINGSTON COUNTY BOARD OF COMMISSIONERS, AND • OAKLAND LIVINGSTON HUMAN SERVICE AGENCY PREAMBLE Oakland and Livingston Counties acknowledge the need to improve human service delivery through effective plari...ng and coordination, maximum efficient use of resources, and coni.Llued 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. . PURPOSE OF THE INTERLOCAL AGREEMENT Oakland and Livingston Counties, known as parties to the agreement, enter into this contract known as an Interlocal Agreement for the purpose of: (a) delineating the powers and duties of the participating units of government, (b) creating a separate entity to execute the agreement, (c) establishing the financial support of Oakland Livingston Human Service Agency (OLD-SA), and (d) setting forth the powers, duties, and constraints of OLT-TSA. II. DESIGNATION AND LEGALITY Oakland and Livingston Counties hereby do create the Cal -n-' Uvirn -;tnn Human Service Agency as a separate le;_n ,;"' entity to exenur intr_neal Agreement as set forth in the Urban Conroration Act, Ac:. 7, 1967 (Ex. Sess. ) p. 751; eff. March 22, 1968, Section 7, item 1. The Interlo.cal Agreement shall be approved by concurrent resolutions of the Board of Commissioners of °al.:Land and Livir.on Counties. The terms of the agreement 7.*.,.11 be eil:.:Ted into the Xlinutes of proceedings of both County to the effective date of the agreement, the County of 0:-)klancl shall file a copy of the Interlocal Agreement with the Secretary of the State of Michigan as well as with the County Clerk of each County where a party to the agreement is located. The County of Livingston hereby relinquishes the supervision of the execution of the Interlocal Agreement to the County of Oakland and such supervisory authority shall be vested in the County Executive of the County of Oakland. III. SERVICE BOUT ''.RIES The boundaries for service delivery of Oakland Livings!..:on I-Inman Service Agency shall be the political jurisdictions of the Couz -ti ,,s .nHdand and Livingston as set forth in the Constitution of the State el. This service area is coterminous with the Governor's Region' Planning Subdistrict 1-A of lin7;nnalli\j ,:.rict 1 as specified by the Office of Manpower Planning and in effent in March 1974, in as much as Act 281 of the Public Acts of 1945 of the State of Mich.!:.n.ln does not delineate such boundaries. IV. DURATION OF AGREEMENT The Interlocal Agreement shall be for the period of three (3) years from the date of the resolution of the last of the two participating County Board which approved the Interlocal Agreement. The agreement is subject to annual review. V. :VESTED POWERS IN THE INTERLOCAL AGREEMENT A. Powers of the II-SA as Specified by the Makers of the Interlocal Agreement I. Executes the Interlocal Agreement as drawn up by the makers. 2. Provides service delivery within specified boundaries. 3. Carries out five 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). 4. 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 low income 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. 6. Establishes a '.-orninating Committee which aids in the qualifying/ Lalifying of former employees as board members. ^ 4 7. Establishes and maintains advisory councils. • Develops, operates, and evaluates programs for improved human service within the limitations set forth in this contract. 9. Regulates employee fringe benefit package, Personnel Practices d procedures. N. The Executive Director is empowered to employ and deploy staff. 11. Expends according to approved budgets, regulates revenues for the maintenance and improve n t of operations and receives gifts, cash and inkinci. 12. Contracts EISA services to units of government, agencies, institutions, and others. 13. Carries over funds at 5°,70 of funding, but reprograming is approved by I-ISA Board and Oakland County Board of Auditors. 14. Receives funds for program operation: OF.0, Older Americans Act, Comprehensive Employment, etc. and initiates funding requests from the makers of the Interlocal Agreement. 15. Can copyright work resulting from this contract. 16. Initiates dispute adjudication procedure. B. Powers of Oakland and Livingston Counties as delineated in the Interlocal Agreement . The makers of this contract (Interlocal Agreement) are the Counties of Oakland and Livingston and they may amend the contract in the same manner as the original is made. 2. Oakland County government, namely the County Executive, supervises the execution of the Interlocal Agreement. 3. The two Counties create the agency (HSA) which shall be the separate legal entity to administer this contract. 4. The two Counties specify the powers, duties, and constraints on the separate legal entity (HSA). 5. The two Counties share in the funding of the HSA in specified ways. 6. The two Counties hold the HSA 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. • The makers of the contract may appropriate to the HSA 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. 6 VI. PURPOSE OF OLITSA 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: 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 manpower, health (support. services), education (preschool, compensatory education, and educational change), child care, outreach, youth training & employment, elderly, and transportation (as it relates to human service delivery). The agent shall stimulate better uSe of nesources; (a) aiding the community to be better informed of human service needs, (b) assisting the community to be more responsive to -these needs in the use of its resources, and (c) causing greater institutional sensitivity to community needs and interests; 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 meaningful influence on community planning. VII. 'OLITSA 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 OLITSA be necessary, which would alter the Interlocal Agreement, concurrence of the parties to the agreement shall be required. The OLTISA Governing Board (herein known as the Board) is the policy making body of OLHSA. A. Membership • The Board members shall be resident ,H Oakland and Livingston Counties. Board membershi7 .:71-17.7.1 be for the duration of one (1) year, commencing from Chc time of seating by the Chairman on the Board at the annual meeting. The Board membership shall he constituted of three sectors: private, 1/3 public, and /3 consumers of services. The def1...._1:n of each sector is as follows: • Public sector: elected or appointed officials, or other designees including heads of local service departments, as well as parties to the Interlocal Agreement. 2. Private sector: officials of busin:s, industry, labor, religious, minority, education, ohcr major groups and -interests in the community. . • Consumer sector: clients of human services delivered in Oakland and Livingston Counties; persons eligible for single or special purposes programs, such as Head Start, Neighborhood Youth Corps, Public Service Careers, senior citizens, etc.; members of advisory councils of the IISA: and representatives of funded program which mandate representation as grant requirement. The private and public sector membership shall be appointed by the parties to the Interlocal Agreement, whereas, the consumer membership shall be elected. A Nominating Committee shall be established by the Board Chairman appointing nine persons (three from each sector). The functions of this Committee are: 1. To be a recommending body to the parties of the Interlocal Agreement relative to the representatives for the public and private sectors. In making recommendations the body will consult with the Board and parties to the Interlocal Agreement and take into account the project goals and priorities during the terms office for which Board members are to be selected. e 8 2. To certify that consumer sector elections have been conducted fairly and in accordance with the bylaws and the Interlocal Agreement. These elections shall take place no later than one month prior to the annual 3. To notify parties to the Interlocal Agreement of public and private sector vacancies and make recommendations for replacements. Vacancies shall be filled within two months. 4. To recommend nominees for the Executive Committee and the Officers of the Board in the annual meeting. The initial Nominating Committee will be Ad Hoc and representative of broad community interests. Its only 7unction is to recommend the initial Board representation. The membership will include 2 seats from Oakland County governm.mt; 2 seats from Livingston County government; 3 seats from the previous OCCEO Board; 1 seat each for UCS, PAUF, and DSS; 1 seat from the Latin Federation. This initial committee will be appointed by t 1:-:e County Executive of Oakland County. 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 determ.r. y the Nominating Commitee and approved by the Board based the most satisfactory means to arrive at equitable representation. If the elections are by sections, the boundaries and number of seats of each section would be set forth by the Nominating Committee based on population concentrations, program participation, and advisory council membership with (.-rnhasis on the poor. The consumer sector election for Livingston Count -:- would be County wide due to the limited concentration of population. B. Board Size OLHSA shall be governed by a Board of twenty-one (21) members. Because the total population of Livingston County is about 5% of Oakland County, one (1) seat per sector is designated for Livingston County representation. The balance of six (6) seats per sector is designated for Oakland County representation. 9 AP C. Purpose 8z Responsibilities of the Governing Board The OLHSA Board is the policy making body of OLHSA within the limitations as set forth b .,. ,he Interlocal Agreement and assures the necessary funds are souln, received, and disbursed for OLHSA. operation. The OLT-ISA Board assures program development and operation in accordance with the Interlocal Agreement. TheOLI-TSA Board is empowered to do the following; . Administers the Interlocal Agreement; 2. Employs an Executive Director, who in turn hires and deploys staff in accordance, to funded program components, and Personnel Practices of OCHSA; 3. Approves overall program plans and priorities; 4. Conducts its business in regularly scheduled Board meetings and sets up standing ad A:d Hoc committees to carry out its work. The standing committees are Executive, Personnel, Bylaws, and Nominating. Is a continuing and effective mechanism for securing broad community involvement in the programs; 5. Determines major personnel, fiscal, and program policies; 6. Applies for Federal, State, private arid 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. In order to facilitate new funding sources, the following exceptions will be observed. Should notice of funding be received with less than 30 days to prepare the grant application or should no County funds for match be required or if local share is inkind, the regular procedure will be suspended and a notice will be forwarded by ()URSA to the Chairman of the Board of Commissioners, the Chairman of the T-Tuman Resource Committee, the County Executive, and the Office of Grant Coordination. The notice will include the source of funding, program possibilities, level of funding anticipated, reason for • , short notice, and why funding should be sought. Signalire approval to proceed with the application shall be required from the CoUnty Executive or his designee and the Chairman of the Human Resource Committee. 7. Assures compliance with grant conditions; 8. Assures 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 programing; 9. Keeps parties to the Interlocal Agreement informed of program plans. 7..::.::eee..-.7.7aielie:.ents, and fiscal status and financial nee-; 10. Makes contracts (a) with agencies, units of government, etc. for services of the OLI-ISA and (b) with agencies, institutions, etc. for purchase of services to be delivered to complement programing efforts; 11. Incurs debts, liabilities, and obligations within the limits of its grants, none of which constitute obligations of the parties to the agreement; 12. Levies no taxes or bonds; 13. Maintains a management information system to facilitate monitoring and evaluating responsibilities; 14. Receives grant monies for program operation in such cases where the County et al - are grant applicants. D. Per Diem and Mileage Board members who fall within established poverty guidelines shall be reimbursed for expenses incurred while in attendance of official Board, Executive Committee, and Ad Hoc Committee meetings. Allowable expenses are babysitting and mileage at the current rate established by OLITSA. The Counties of Oakland and Livingston shall_ each establish a policy regarding allowable per diem and mileage for their official representatives to the OLITSA Board, The Counties shall assume the incurred costs for their respective representatives. - 10 - E. Conflict of Interest No persons shall hold a or a member of his/her posilL.•ei with OI..,ITSA. while he/she ediate family serves on the Board. A member of an immediate family shall include any of the following persons: Husband Wife Father Father-in-law Mother Mother-in-law Brother Brother-in-law Sister Sister-in-law Son S on- in- law Daughter Daughter-in-law In the event proposed Board members should have been former employees of OLHSA or OCCEO, whether in public, private, or consumer sectors, their names shall be submitted to the Nominating Committee fourteen days prior to appointment or election. The Com:mittee shall make its recommendations as to such prospective Board members at least seven days prior to the date of appointment or election. The election of a consumer sector Board member who is a former employee shall be subject to review by the Board. Should the HSA Board vote not to accept the person in question as a member, the appointing or electing body will be requested to submit another m ember. F. Advisory Councils of the Board Advisory councils shall be maintained to provide consumers of service an opportunity to make recommendations to the Board and 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 Americans Act. Advisory councils will be scheduled on the Board agenda only when there are problems requiring Board action. There will be, however, a standing agenda item for consumer sector concerns, which need not be scheduled in' advance on the agenda. - 11 G. Legislative Activities The OLHSA Legislative Committee, an Ad Hoc Committee, will. continue to study legislation related to human services. The Chairman of this Committee shall keep informed the Oakland CiJnty Legislative Committee and H:_‘ Livingston Board of Commissii.,7 -7,, through the respective chairii!en and shall encourage the mutual consideration of major social legislative matters. OLHSA ORGANIZATIONAL STRUCTURE AND STAFFING The Governing Board shall employ the Executive Director of OLHSA. The Executive Director, as the chief administrator, shall be empowered to employ staff in accordce with bud,g,i-ets. and an organizational structure, both of which have been approved by the OLITSA Governing Board. The deployment of staff shall be vested in the Executive Director as an administrative function. The deployment of staff relate to (a) the mission and responsibility and (b) the operational areas of OLITSA, and (c) adopted Personnel Practices. b. Utilizing a systems approach fo .ring human services; IX. MAJOR RESPOIDILITIES OF OLESA Programing shalibe developed and executed based on (a) local concerns of units of government, agencies, and comnius.i.t,y groups, (h) assessments, (c) planning and coordination eASorts, and (d) available monies (Federal, State or local). Program location shall be determined by the OT,..,ITSA Governing Board based on the four above considerations. !es of Oakland and Livingston s!rvices by developing commitment of specified in this Interlocal OLFTSA. shall provide leadership in the for the improvement and delivery of coalitions, stimulating involvement, resources which address the progra Agreement. The major responsibilities around which the Oakland Livingston Human Service Agency shall program for improved human service delivery are as follows: a. Encouraging comprehensive planning and programing of human service delivery by improving needs of the consumers of services, poor and disadvantaged, socially isolated, and elderly, etc., as stated in the Purpose of OLITSA; c. Conducting pilot projects to demonstrate needs and for spin Off by strengthening existing resources and/or developing new resources; d. Mobilizing local, State, Federal, and private resources; e. Focusing the problems of the consumers of services, poor and disadvantaged into He community by providing programs such as Head Start, Nei -;:sborhood Youth Corps, and Senior Citizens Drop-In Centers; f. Bringing about institutional and agency responsiveness, sensitivity, and constructive changes as it relates to human needs with emphasis on the poor; - 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 solssirs: human problems. - 13 - g. h. Informing the community of human service needs and problem areas based on data, needs assessment, resources, etc. i. Fostering training for agencies, units of government, and citizens in (a) -r- service delivery systems and Kb) the role of citizen participation; Advocating tec7 ....alcal assistance to agencies, inEti.lanIcrls, units of govern.---)rmt, and community groups in the area of human problems and services; , k. Maintaining an acco, an'±-a- system and internal controls that are considered ac.7 :a-a:na::: ;.-,.a-arcling to accepted accounting standards to saf.r.a7nn.-7.: assets of the agency, check the accuracy and ralia:ni_litY cf accounting data, promote operational efficienay, and encourage adherence to prescribed management policies. • Assuring compliance of all current operating contractual agreements; Maintaining capability to define problems 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 OLITSA. operations; The OLHSA shall operate on a system of Management by Objective (MBO). The MI30 system allows program operations to be account- able in terms of its commitments, deployment of staff, application of resources, and impact made on problems. Monitoring - The monitoring process shall be short term _ assessing of the agency's management and operations on a day to day, week to week, or month to month basis. The basis for management and assessment shall be the measurable objectives which are approved by the Governing Board. - 14 - DOCUMENT . Problem Statements and Objectives Treasurer's Reports Monthly Funding ?.,z expendi- tures by program acct. HSA Governing Board Audits Status of all program accounts & accounting procedures Contractual audit Annually Statistical Reports Quarterly Quantitative results of operations USA Governing Board Data, Eval. & Program Div. ITSA Governing Board Program Progress ,Reports Quantitative & quali- tative results of operations IISA Governing Board ITSA Governing Board /Parties of the agreemen Capsule Summary of BSA Impact HSA Governing Board ,Significance accomplishments 6th month of operation & annually Annually Data, Eval. & Staffing pattern Organizational Chart HSA Governing Program Div. 1Board Bylaws Period of inter local agreement HSA Governing Board HSA Governing Board/ Parties o the agreement Data, Eval. & Program Div. Certificate of Insurance Annually Certification of coverage Parties of the Agreement Div. of Business Operations Corporate Charter I Corporate status: Filin Fee Crfjcate Annually Accountability Documents CONTENTS Demographic detail of problem to be addressed & measur- able objectives FREQUENCY Period of inter- local agreement APPROVED EISA Governing Board PREPARED BY Div. Mgrs. of ESA SUBMITTED TO BSA Governing Board/Parties of the agreement Evaluating - The evaluation process shall be over a longer period of time than monitoring and is in terms of whether or not the objective is h been met; if not accomplished, why not. The evaluation process is not for the immediate deployment of staff and allocation of resources but rather serves as a ping tool for program direction. The outcome of evaluation shall be broader in scope than the day to day, month to month monitorinp'. It serves to focus program direction, to determine r ,..:-..ources to be developed, to clarify staffing needs and patterrs, and to establish funding and facility needs, etc. p. Being accountable; OLHSA operations shall produce summary or organizational results, which assist in the monitoring of the Interlocal Agreement. The primary documents shall be; 1. Problem Statements and Objectives 2. Treasurer's Report 3. Audits 4. Statistical Reports 5. Program Progress Reports 6. Capsule Summary of IT5A Impact 7. Certificate of insuranf.7o-: 8. Organizational Chart • 9. Bylaws 10. Corporate Charter Summary Results Organizational The flow chart on the following page specifies the frequency of preparation, the responsible party for preparing, to whom the documents are submitted, and approval action required. In addition to these records, Minutes are kept on file of the Governing Board meetings and its standing committees meetings. Also, the current operational manuals and Personnel Practices are stored in the OLHSA library. OLHSA shall carry out these accountability functions and report to the appropriate parties as outlined in the following page (p OLHSA shall procure adequate insurance coverage to safeguard its interests and shall provide a Certificate of Insurance to the parties of the Interlocal Agreement. The operational year shall be the same as Oakland County's fiscal year of January 1 through Dec.‘,7-r -r:1-..:(-..r 31. Therefore, any annual function refers to the close of i..}.2cember 31 of any given year. - 15 - q. Controlling financial responsibilities. OLHSA shall maintain its own fiscal control staff to carry out financial responsibilities. Fiscal accounting will be maintained as a double entry system. OLITSA will establish and maintain a separate bank account for each funding source. OLHSA. shall establish property control procedures as an integral part of its accounting system. Equipment and supplies acquired under this contract for the execution of the Interlocal Pez.7eement and under the amount of $500 per item shall be cons:. :..end the property of OLETSA. Dispersion of property in excess of that value shall be with written approval of the funding source. Conditions of grants relating to equipment and supplies other than this Interlocal Agreement such as HEW or DOL shall be met as stipulated by the funding source. OLHSA shall expend according to the approved bud:lets. Any desired modifications of budgets, except for the cnibility of guidelines as provided in 0E0 Instruction 6710-1 Uiange 3, June 22, 1971, shall carry the 0.LHS.A Board approval as well as the funding source approval. The principles of financial control techniques as specified in 0E0 Guidance 6801-1, August 1968, s -e.11.1 be followed for financial program structure, liabilities, assets, expenditure, procurement, Personnel & payrolls, taxes, delegate agency control, maintenance of financial records, internal financial statements and reports. A written policy for meeting travel expenses of staff and Board members shall be maintained tbln OLETS ,k. Grant funds shall notbe obligated prior to the effective date or subsequent to the termination rte of the Jant. Obligations outstanding as of the termination date sheii be liquidated within three (3) calendar months after the termination date of the grant period. The employee fringe benefit package of OLT -TS.A shall be reviewed annually and improvements are subject to OLFTSA. Personnel Committee approval based on available funding and approved budgets. - 17 - X. FINANCIAL SUPPORT OF OLHSA • The financial support of OlaI-TSA will have many sources. - The support for Oakland Livingston Human Service Agency shall be: a. In the amount of from the Oakland County Board of Commissioners, and b. In the amount of from the Livingston County Board of Commissioners. OLT-TSA shall request these funds in writing at the inception of this contract and each year thereafter in accor jarice with the fiscal year of County. - 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. - 'OLHSA may accept gifts (cash or inkind), which facilitate operations. Also, inkind contribution of space, equipment, volunteer service, 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 Oakland and Livingston Counties Boards of Auditors. - In the event of the termination of the Interlocal Agreement, the disposition of unexpended funds shall be specified and written into the termination of agreement. In addition to the actual contractual obligation, parties to the agreement may appropriate other funds, supplies, facilities, property, or personnel services to OLTTSA. Parties to tl ,c ,s-y.:reement may contract with OT..,ITSA Federal, and State grants-in-aid or other assistance for program planning, operation, monitoring, evaluation, or act as a fiduciary of same. - 18 - as the legal separate entity to administer the Interlocal Agreement, shall be eligible to receive 0E0 funding under the Economic Opportunity Act thro7.1 ,:hout its duration and carries the approval of same of the Mich Economic Opportunity Office (1'.1E00) and Region V Great Lake.,; Regional Office. OLITTSA shall be elioi!ple also to receive other Federal funding as Title III and VII of he Older Americans Act, or the Compre:..Lensive Employment and Training Act of 1973 (CETA), etc:. XI. -TERMINATION OF TETE INTERLOCAL AGREEMENT Should conditions prevail that necessitate the termination of the Interlocal Agreement prior to the contractual perio..1„ the termination shall be by mutual agreement of all parties to the lid:: clocal Agreement. The notice of intent to terminate shall be in writing no less than 180 days of the date of termination once the mutual agreement has been established in order that an orderly phase out can be instituted. XII. IMMUNITIES AND EXEMPTIONS No employee benefits of Livingston and Oakland Counties accrue to the employees of OLHSA nor does the reciprocal apply. Should any copyrightable material result from this contract, the author shall be free to copyright the work but parties to the agreement and OLITSA reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use. all copyrighted :material. . Debts, liabilities or obligations incurred Within or outside of the Interlocal Agreement by OLITSA. shall not constitute the debts, liabilities, or obligations of either df the parties to the agreement. XIII. COMPLIANCE No covenants shallbe undertaken by OLHSA which are in conflict with Federal, State, or local laws, resolutions, or ordiances. XIV. ADDITIONAL AUTHORITY OF OLITSA In addition to the powers delegated to OLITSA through the Interlocal Agreement and in accordance with Act 7, 'OLT -TSA may, in its own name, make and enter into contracts; employ c'nc.ics or employees; acquire, manage, Maintain or o:-'772:e. buildings; :7,.ccire, hold, or dispose of property; incur debts, dahilities, or ohliga.t..iors; sue and be sued; generate revenue from its operations. - 19 - XV. GENERATED REVENUE Any financial gain accrued to OLITSA from its operations shall he retained by OLTISA for maintenance and improvement of its operations. XVI. CONTRACT .AMENDMENT The amending of the contract shall be carried out in the same manner as the original contract was made. XV/I. ADJUDICATION OF DISPUTES In the event either party to the agreement -nd/or separate legal entity fails to comply with any rart of the A.grcement and the matter(s) is(are) not resolved to the satisfaction o r all of the participating parties, the following procedure shall be a :-c-ed to: a. The dispute shall be specified in writing and mailed to all aggrieved parties; b. Within ten days of the written disput.', a meeting shall be held between the parties of the di.Fputc,'s yith appropriate administrators (i.e. County Ex-ecutixes, USA Executive Director) to resolve the stated matter(s); c. Should the meeting in (b) fail to render a solution, (1) the respective involved County Board(s) shall designate a committee of its members (e. g. Oakland County .Human Resource Committee) and (2) the IISA Board, if involved, shall have its chairman appoint three members of the Executive Committee and (3) the respective committees shall convene in special or regular session to resolve the matter(s) at hand. The appropriate administrators shall be included in this meeting of the .Board(s). - 20 - XVIII. GLOSSARY TO THE INTER LOCAL AGREEMENT The terms included in this glossary reflect definitions applicable to the Interlocal Agreement. Advisory Councils - An c_.7.777.ed body for citizens to Collectively define their concerns, decid: on courses of action and carry out that action. They also provide direct information to and representation on the Board from the areas served. All Parties to the Agreement - Includes the Counties of Oakland and Livingston and the separate legal entity, or OLHSA. Board - The OLHSA Governing Board. Carry-over Funds - Monies carried over from one program year to another. Coalition - Linkage between agencies, institutions, units of government, — -- — and people to meet the problems of poverty. Coterminous Service Area - Having the same boundaries. Delegate Ag_ency - Party with whom a grantee contracts. Grant-inTaid - Represents grants or subsidies in funds from Federal, State, private or other sources. Human Service Delivery System - A planned and coordinated network _ approach to providing the types of services necessary to meet people problems by linking related service areas. Inkind Contribution - Contributions of services or the use of property. Interlocal Agreement - A contract or agreement entered into by the Counties of Oakland and Livingston creating the Oakland Livingston Human Service Agency as set forth in the Michigan Statute, the Urban Cooperation Act, Act 7, 1967. Management by 0121 ,-..ctives - A system whereby priority concerns for programing purp ,--•es are developed into problem statements and measurable objectives established. Management Information System - A system developed to provide management with meaningful feedback (usually statistical) relating to activity on project objectives. - 21 - Oakland Livingston Human Service Agency (0 _ — entity established by the of Oakland . forth in the Urban Cooperatiol Act, Act 7, • 1t:, A separate lea. --A Livingston as set Section 5c. Older Americans Act - Federal legislation enabled in 1965 providing for extended and 7edera1 grants for programs to assist the elderly. OLHSA Govern." within the limit Poard - Is the policy making body of the OLHSA c..,ns set forth in the Interlocal Agreement. Parties to the Agreement - refers to the Counties of 7._:crs of the contract or in this agreement ,Ird and Livingston. Separate Legal Entity - As s .]y‘,1 ,1red 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 HSA. 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. 0662 May 2, 1974 Moved by Gabler supported by Button the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted, STATE OF MICHIGAN) C(-Y7Y OF CAKT7D) 1, Lynn D. Allen, Clerk Of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Resolution #2 adopted by the Oakland County Board of Commissioners at their meeting held on May 2, 1974 with the original record thereof now remaining in my office, and that it isa. true and correct transcript therefrom, and of the whole thereof. In Testimony ,..Thereof, I have hereunto set my hand on affixed the seal of said County at Pontiac, nich -L:a.7., this. 3rd d: of May 74 Lynn D. Clerk