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HomeMy WebLinkAboutResolutions - 1984.05.10 - 16952I IdER AOY Coslinf-y, Chairper; APPROVE THE FOREGOING RESOLUT(ON mask Miscellaneous Resolution 84114 lifiTy 10, 1984 BY: HEALTH AND HUMAN RESOURCES COMMITTEE - Marilynn E. Gosling, Chairperson 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 recently to revise and update the inter-local agreement for another three (3) 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 May 7, 1984. 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 (3) years from the date of the last of the two (2) 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. HEALTH & HUMAN RESOURCES COMMITTEE INTERLOCAL AGREEMENT BETWEEN OAKLAND COUNTY BOARD OF COMMISSIONERS, LIVINGSTON COUNTY BOARD OF COMMISSIONERS, AND OAKLAND LIVINGSTON HUMAN SERVICE AGENCY June 21, 1984 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. IX. 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 GLOSSARY TO THE INTERLOCAL AGREEMENT 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 planning and coordination, maximum efficient use of resources, and continued emphasis on the needs of the low income, elder-- ly, and handicapped. 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 INTERLOCAL AGREEMENT Oakland and Livingston Counties, known as parties to the agreement, enter into this contract known as an Interlo-- cal Agreement for the purpose ofs (a) delineating the powers and duties of the participating units of govern- ment, (b) continuing the existence of the 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. II. DESIGNATION AND LEGALITY Oakland and Livingston Counties hereby do create the Oakland and Livingston Human Service Agency as a separate. legal entity to execute the Interlocal Agreement as set forth in the Urban Cooperation Act, Act 7,- 1967 (Ex. . Sess.) p. 751; *ff. March 22, 1968, Section 7, item I. - The Interlocal Agreement shall be approved by resolutions of both Boards of Commissioners of Oakland' and Livingston Counties. The terms of the agreement shall be entered into the Minutes of proceedings of both County Boards. Prior to the effective date of the agree- ment, the County of Oakland 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 designates the supervi- sion of the execution of the Interlocal Agreement to the County of Oakland. Through this designation, both Oak- landand Livingston Counties vest the supervisory autho-. rity of this Agreement in the County Executive of Oakland County government. III. SERVICE BOUNDARIES The boundaries for-service delivery of Oakland Livingston Human Service Agency shall be the political jurisdictions of the Counties of Oakland and Livingston as set forth in • the Constitution of the State of Michigan. This service area is coterminous with the Governor's Regional Planning' Subdistrict 1-A of Regional District 1 as specified by the Office of Manpower Planning and in effect in March, 1974, in as much as Act 281 of the Public Act of 1945 of the State of Michigan 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 Boards which approved the - Interlocal Agreement. The agreement is subject to annual review and negotiation of items presented in writing 60 days prior to the anni- versary date. 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 agreement: a. Reducing the causes of poverty; 4 b. Improving the well-being of special groups such as the low income, elderly, and handicapped; c. Serving as the agent for improving delivery sys- tems in the areas of health (support services), education (preschool, compensatory education, and educational change), child care, outreach, trai-- - ning & employment, elderly, handicapped, tran- sportation (as it relates to human service deli-- very), 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, (4) maximizing coordination arrangements and cooperative written agreements with services and funding sources; 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 com- munity involvement; e. Assuring the representation and development of the low income, elderly, handicapped and the consumers of services in the planning, conduct and evaluation of services in order that the - consumer can have an orderly and meaningful influence on community planning; 4. 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. , VI. OLHSA 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 OLHSA be necessary, which would alter the Interlace' - Agreement, concurrence of the parties to the agreement shall be required. The OLHSA Governing Hoard is the - policy making body of OLHSA. 5 A. Membership The OLHS4 Governing Board members shall be comprised of residents of both Oakland and Livingston Counties. OLHSA Governing Board membership shall be for the duration of one (I) year, commencing from the time- of seating by the Chairman of the OLHSA- Governing Board at the annual meeting. There shall be an annual meeting in March unless another date is agreed upon by the three parties of the Interlocal Agreement. The OLHSA Governing Board membership shall be constituted of three sectors: 1/3 private, 113 public, and 1/3 consumers of services. The definition of each sector is as followsz 1. Public Sector: Elected or appointed officials, or other designees including heads of local service departments, as • well as parties to the Interlocal Agreement. Emphasis is placed on • selecting elected officials rather than • appointed ones. Appointed officials may • only serve if there are not enough , available -elected officials. Elected - .officials may select representatives to serve in their places. The elected • official is to provide a letter to OLHSA , when a representative is designated to • serve in place of the elected official. Z. Private Sector: Representation from business, industry, labor, religions, minority, education, volunteers and other major gyoups and interests in the community. 3. Consumer Sectors Clients of human services delivered in Oakland and Livingston Counties, such as persons • eligible for single or special purposes programs, such as Weatherization, • Employment & Training, Senior Citizens, etc.; members of advisory councils of the • OLHSA; and representatives of programs funded to OLHSA, which mandate • representation as grant requirement, such as Head Start. The private and public sector membership shall be appointed by the parties to the Interlocal - Agreement ,L whereas, the consumer membership shall - be elected.- The pubkic and private sectors' representatives will represent a broad community cross-section to meet priority needs of the OLHSA- Governing Board. 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 submission of- petitions. This review will take into account the goals and priorities of the OLHSA Governing Board. These petitions will be-reviewed after • such time as the OLHSA Governing Board has approved the public and private sector slots. The consumer sector elections in Oakland County shall be either county-wide in one convention or - by sections of the County; the selection o+ either procedure to be determined by the - Nominating Committee and approved by the OLNSA Governing Board based on the most satisfactory means to arrive at equitable representation. If the elections are by sections, the boundaries and number of seats +or each section would be .set forth by the Nominating Committee based on 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 (threw 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 recommend- ing body to the parties of the Interlocal Agreement through the County Executive 04 , • Oakland County relative to the represen- tatives for the public and private. sectors. In making recommendations, the committee will consult with the OLHSA • Governing Board and parties to the Inter- local Agreement and take into account the agency goals and priorities during the • term of office +or which OLHSA Governing • Board members are to be selected. The Nominating Committee recommendations are to be submitted to the OLHSA Governing Board for approval, then forwarded by the- OLHSA Governing Board Chairman -to the . Oakland County Executive and the Living- ston. 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. 2. The Nominating -Committee Chairman gives notice of the election to those advisory councils and consumer groups which are related to the OLHSA Governing Board's priorities and which reflect the concerns of low-income persons. The Nominating Committee oversees and certifies that consumer sector elections have been conducted fairly and in accordance with the Bylaws, Interlocal Agreement, and - Procedural Rules for Consumer Sector , Elections. These elections shall take - place no later than one month prior_ to the annual meeting. Z. The Nominating Committee notifies parties of the Inter-local Agreement immediately of public and private sector vacancies • and makes recommendations for -replace- ments. Vacancies shall be filled within , two months of the determination of such • vacancy. 4. The Nominating Committee convenes at such . time as consumer vacancies occur and • determines from the alternates the appro- priate replacement(s). The recommendation - will go to -the Governing Board for app.°- , val. Vacancies shall be filled within : two months of the determination of such vacancy. 5. The Nominating Committee recommends a , slate of nominees for the Executive - Committee and the Officers of the OLHSA Governing Board at the annual meeting. 6. At the annual meeting the public and • private sectors are seated as appointed . and the consumer sector as elected, unless challenged by an OLHSA Governing Board member based upon the Interlocal Agreement . and OLHSA Bylaws. The challenge shall be sustained by a majority of the OLHSA Governing Board. B. Board Size CLHSA shall be governed by a Board of twenty-one (21) members. Because the total population of Livingston County is significantly less than 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. C. Purpose and Responsibility of the OLHSA Governing Board 6 The OLHSA Governing Board is the policy making body of OLHSA within the limitations set forth by the Interlocal Agreement and assures that the necessary funds are sought, received, and disbursed for OLHSA operation. The OLHSA. Governing Board assures program development and - operations in accordance with the InterlocaI Agreement. The OLHSA Governing Board is empowered to do the followingi 1. Administer the Interlocal Agreement; . 2. Employ an Executive Director, who in turn hires and, deploys staff in accordance , with funded program components, and 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 commit- tees 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; B. Apply for Federal, State, private and other grants-in-aid within the responsibilities of this agreement and as . forth by funding source(s) 9 ../- / ,.././." . .. _ ...,' -requirements. 7. Assure compliance with grant conditions; B. Assure participation of area residents in the development and implementation of all programs and that the consumers of services (including the low income, , -elderly and the handicapped) are able to influence the character of programming; . 9. Keep parties to the Interlocal Agreement informed of program plans, accomplish- ments, 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 program efforts; it. Incur debts, liabilities, and obligations within the limits of its grants, none of • -which constitute obligations of the , parties to the Inter local Agreement; 12, Levy no taxes or bonds; . 13. Maintain a management information system to facilitate monitoring and evaluation responsibilities; 14. Receive grants for program operation. D. Expenses and Mileage All OLHGA Governing Board members may be reimbursed for expenses incurred in accordance with the regulations of the respective agencies from which funds such expenses are normally reimbursed and at the discretion of the OLHSA Governing Board while in attendance at official OLHBA Governing Board meetings, standing and ad hoc committee meetings of the Board. Allowable expenses are babysitting and mileage at the current rate extablished by OLHSA Governing Board. There shall be no duplication of reimbursement. E. Conflict of Interest, No person shall hoLd-a paying position with OLHSA 10 while he/she or a member of his/her immediate. family serves on the OLHSA Governing 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 Son-in-law Daughter Daughter-in-law In the event proposed OLHSA Governing Board members (whether in public, private, or consumer sectors) should have been former employees of OLHSA or OCCEO, their names shall be submitted to the Nominating Committee fourteen days prior to appointment or election. The Committee Shall - make its recommendations as to such prospective OLHS4 Governing Board members at least seven days prior to the date of appointment or election. The OLHSA Governing Board shall determine what constitutes conflict of interest, except as otherwise provided by law. In the event a person is seated and later determined to have a conflict- of interest by a majority of the OLHSA Governing Board, a termination shall be required and be effective immediately. F. Advisory Councils of the OLHSA Governing Board Advisory councils shall be maintained to provide consumers of services an opportunity to make -recommendations to the OLHSA Governing 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 accordance with Governing Board. approved Mission and Responsibility Statements. • In some cases, advisory bodies are mandated from- the program funding sources, such as Head Start, Senior Citizen Nutrition under the Older Americans Act, and shall be organized as mandated. Advisory councils will be scheduled on the OLHSA Governing Board agenda when there are- problems, information, or concerns requiring OLMSA Governing Board attention in accordance with the mission and responsibility statements. There will be, however, .a standing agenda item- 4or 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. County Legislative Committee and the Livingston Board of Commissioners informed of major social - legislative matters. VII. OLHSA ORGANIZATIONAL STRUCTURE. AND STAFFING The OLHSA 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. VIII. MAJOR RESPONSIBILITIES OF OLHSA• Programming shall be developed and executed based on (a) local concerns of units of government, agencies, and community groups, (b) needs assessments, (c) planning and coordination efforts, and (d) available monies (Federal, ' State or Local). Program location shall be determined by the OLMSA Governing Board based on the four considerations above. OL4S4 shall provide leadership in the counties of Oakland and Livingston for the improvement and delivery of human. services by developing coalitions, stimulating. involvements, and securing commitments of resources which address the program areas specified in this Interlocal Agreement. The major responsibilities around which the Oakland , Livingston Human Service Agency shall program for improved human service delivery are as follows: , a. Encouraging and/or effecting comprehensive planning and programming of human service delivery to meet the needs of the consumers of services, and the low income, elderly and handi- capped, as stated in the Purpose of OLHSA; b. Utilizing a,systems approach for delivering human 12 services which maximizes the existing resources, fills service gaps by developing new resources, and modifies service arrangements -through a coordinated planning and implementation effort; 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. Providing programs and services that focus on the problems of the low income, elderly and handicapped; f. Bringing about institutional and agency responsiveness, sensitivity, and constructive changes as it relates to human needs with -emphasis on the low income, elderly and handi- capped; g. 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. Maintaining capability to define problems consistent with program priorities in specific demographic terms and to collect and analyze data as a support service to program development, resource mobilization, and program monitoring; i. Informing the community of human service needs and -problem areas based on operational data, needs assessments, resources, etc.; j. Fostering training for agencies, units of govern- ment and citizens in (a) human service delivery systems and (b) the role of citizen participation; k. Providing and advocating technical assistance to agencies, institutions, units of government, and - community groups in the area of solving human problems and the delivery of services; - 1. Maintaining an accounting system and internal controls that are considered adequate according- , to accepted accounting standards to safeguard the 13 assets of the agency, check the accuracy and reliability of accounting data, promote operational efficiency, and encourage adherence to prescribed management policies; m. Assuring compliance of all current operating contractual agreements; - n. Preparing budgets, financial reports, progress reports, and annual reports; o. Monitoring and evaluating OLHSA operations; The OLHSA shall operate on a system of Management by Objective (MHO). The MBO 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 MBO 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 OLHSA Governing Board will execute its responsibilities in the monitoring and evaluating of OLHSA programs. p. Being accountable; OLHSA operations -shall produce documents which shall be distributed according to the chart on page 15. The primary documents shall be: 1. Problem Statements and Objectives -2. Treasurer's Reports • 3. Audits 4. Program Progress Review (PPR) Highlights 5. Certificates of Insurance 6. Organizational Chart • 7. Bylaws - S. Corporate Charter 9. Program Proposals through 4-95 Review Process 10. Health and Human. Resource Committee Semi- , annual-report 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 OLHSA Governing Board meetings and its standing committees meetings. Also, the ACCOUNTABILITY DOCUMENTS PREPARED SUBMITTED 'DOCUMENT CONTENTS FREQUENCY illY 10 A PPROVED • ___..._ Problem Statement's Demographic detail According to Senior MINA Governing and Objectives of problem to be Funding Soureea Executive Staff 01,11SA Governing Board via Board , addreoned & meaator- ile Evaluation Committee able objectives OLIISA Governin Treanurer's Entitling & expendi- Monthly Business & Parties of the interlace! Agreement OLBSA Governing ileporta lures by program acct. Finance Div. via 041SA Board mallinge Board Audits Steins of all program Annuaity Contractual (HASA Governing Board °commie lit accounting audit firma and Partice of the luterlocal ' procedures _Agreement ' Program Progrens Quentitntive & quail- 6th month of ' Senior 01.IISA Governing Board vie °LUSA Governing nettle* lath's results of operation _ Executive . its Evaluation Committee Board ' operations & annually Staff - Portion or Agreement and Chairmen of Prortram Progress ' Significance of Annually Senior Oakland County Ilealth & 'Inman itesourcee rtevliret Highlights accomplishmente • Executive Staff Committee and I ,IvIngelon County Unman , - ..._ nesourceei Committee , Organizational Staffing pattern Annually Office of 011.IISA Cloverning Board :Mart Executive Mr. _. OLIISA Governing Board and Parties Bytaws fourth 'structure, Period of Date, E*el. & of the Agreement via the Bylaws own Governing purpoee, member- Intertocat Program Div. Board Committee ship Agreement - - Certificates or Certification of Annually Div. of Parties of the interlocet Agreement 01..11SA Governing Insurance coverage Business Board • 4 Finance Corporate Charter Corporate statue ' Fillet Annually DI v. of Available to Governing Board Fee Certificate Business & Finance -- ...... Grant Work Programs and According to Assigned A-95 Review Process and Funding 01.IISA Governing Applic.atione other funding Grant Periods OLIISA Staff Agents Board requirements - lealth and Human Funded Programs Semi-Annually Aseigned Health and Human Resources • ' teeoure e Comm!. t tee OINSA Star f Committee teport 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 an page 15. OLHSA shall procure adequate insurance coverage. to safeguard its interests and shall name- the parties of the Interlocal Agreement as additional insureds as their interests may appear, and shall • provide evidence of such coverage to the partiesL of the Inter-local Agreement. - The operational year shall be the same as Oakland County's fiscal year of January 1 through December 31. 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. The Oakland County Treasurer shall serve as the fiscal agent of OLHSA funds. In accordance with the directives of the OLHSA Board, the fiscal agent shall Cl) establish and maintain separate bank accounts as required, (2) • . receive and disburse funds, and (3) prepare- reports. - OLHSA shall establish property control procedures as an integral part of its accounting system. Equipment and supplies acquired under this con- tract for the execution of the Inter-local Agree- cent and under the amount of *500 per item shall be considered the property of OLHSA. Dispersion of property in excess of that value shall be with written approval of the funding source. Condi- tions of grants relating to equipment and- supplies shall be met as stipulated by the funding source. OLHSA shall expend funds according to the approved budgets. Any desired modifications of budgets, except for the flexibility of guidelines as provided by the funding source shall carry the OLHSA Board approval as well as the funding source(s) approval, • The principles of financial control techniques as specified in CSA Guidance 6801-1, August 1968, - shall be followed for financial program structure, liabilities, assets, expenditures, procurements, Personnel and 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 within OLHSA. Brant funds shall not be obligated prior to the effective date or subsequent to the termination date of the grant. Obligations outstanding as of the termination date shall be liquidated within three (3) calendar months after the termination date of the grant period. The Employee fringe benefit package- of OLHSA- shall be reciewed annually and improvements are subject to OLHSA Personnel Committee approval based on available funding and approved budgets. • IX. FINANCIAL SUPPORT OF OLHSA The financial support of OLHSA will have many sources. - The support for Oakland Livingston Human Service Agency shall be forthcoming from Livingston and County Boards of Commissioners pursuant to a ratio as determined by the most current SEMCOG'popu- lation p1-ojections. OLHSA 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 programming 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 services, etc. may be accepted as related to program efforts. OLHSA shall retain the right to control additional revenues generated through its activities. - All financial and inkind support shall be subject to appropriate accounting procedures and audit. 17 - The carry-over of funds shall be permitted at 5% of the funding level and reprogrammed 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 OLHSA for program planning, operation, monitoring, evaluation, or act as a fiduciary of same. - OLHSA, as the legal separate entity to administer the Interlocal Agreement, shall be eligible to receive funding, (a) under Number 230 of the Public Acts of Michigan, 1981 and the Community Services Block. Grant as amended throughout its duration and, (b) - OLHSA also shall be eligible to receive other public and private funding. X. TERMINATION OF THE INTERLOCAL AGREEMENT Should conditions prevail' that necessitate the termination of the InterIocal Agreement prior to the contractual period, -the termination shall be by mutual agreement of the parties to the Interlocal Agreement and OLHSA. The notice of intent to terminate shall be in , writing no less than 1B0 days prior to the date of termination once the mutual agreement has been established in order that an orderly phase out can be XI. IMMUNITIES AND EXEMPTIONS No employer 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 OLHSA 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 OLHSA-shall not constitute the debts, liabilities, or obligations of either of the parties to the agreement. 1 at XII. COMPLIANCE No covenants shall be undertaken by OLHSA which are in conflict with Federal, State, or local laws, resolutions or ordinances. XIII. ADDITIONAL AUTHORITY OF OLHSA- In addition to the powers delegated to OLHSA through the Interlocal Agreement and in accordance with Act 7 1 OLHSA may make and enter into contracts in its own name; employ agencies or employees; acquire l , 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 OLHSA 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 same manner as the original contract was made.- The Oakland County Executive and the Livingston County Clerk are informed by OLHSA of the needed changes. Review of proposed amendments are done by the appropriate 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 Interlocal Agreement each three years prior to its , expiration. The composition of the Study Committee will be as follows: 2 OLHSA Board members, 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, I Member of the Livingston County Board of Commissioners appointed by the Livingston County Board Chairman. • - 19 XVI. ADJUDICATION OF DISPUTES" In the -event either -party to the agreement and/or separate legal entity fails to comply with any part of the Interlocal Agreement and the matter(s) is(are) not resolved to the satisfaction of one or all of the participating parties, the following procedure shall be adhered to: A. The dispute shall be specified in writing and mailed to all aggrieved parties; B. Within ten days of the written dispute, a meeting shall be held between the parties of the disputes with appropriate administrators (i.e., County Executives, OLHSA Executive Director) to resolve the stated matter(s); C. Should the meeting in (S) fail to render a solution: 1. the respective County Board(s) involved shall designate a committee of its members (e.g., Oakland County Health & Human Resource Committee), and 2. the OLHSA 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). XVII. ADDENDUM In accordance with the Oakland County Board of Commissioners' amendment to Resolution No. S4114 of May 10, 1984. The following action is added to the Inter-local Agreement: "OLHSA agrees to defend, idemnify, and hold the County of Oakland and County of Livingston harmless from any and all liability arising from the acts or omissions of OLHSA, its agents or employees in the performance of this Agreement. OLHSA agrees to purchase and keep in effect at all times relative to this Agreement, a policy of insurance for General Liability and further agrees to name the County of Oakland and the County of Livingston as named insured on said insurance policy." 20 GLOSSARY TO THE INTERLOCAL AGREEMENT The terms included in this glossary reflect definitions applicable to the Interlocal Agreement. ADVISORY COUNCILS - An organized body for citizens to collectively define their concerns, decide on courses of action and carry out that action. They also provide direct information' to and representation on the Board from the areas served. 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 AGENCY - Party with whom a grantee contracts. GRANT-IN-AID - Represents grants or subsidies in funds from Federal, State, private or other sources. HUMAN SERVICE DELIVERY SYSTEM 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 OBJECTIVES - A system whereby priority concerns for programming purposes 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. OAKLAND LIVINGSTON 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. 21 OLHSA GOVERNING BOARD - Is the policy making body of the OLHSA with the limitations set forth in the Interlocal Agreement. PA230-PUBLIC ACT 230 - Number 230 of the Public Acts of 1991 being 5400.1101 et see of the compiled laws of the State of Michigan, that assured that 907. of all Community Services Block Grant (CSEIG) funds allocated by the Federal eovernment to Michigan will be passed to Community Action Agencies. The CSBG is the federal program that provides funds to community action programs and replaces the categorical program as administered by the Community Services Administration. 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 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. interl 0511134 klm ^2.7 COUNTY OF LIVINGSTON, a Michigan Constitutional - Corporation Ilii-E.e1127041--0 4 4'5;4 Slayton, Ca rman Livingston County Board of , Commissioners WITNESSES My Commission expires0A3k( 4MeiL )P(//04d./ 0 aryNibiTc Oaktiii HIchFan KAWAIVLUE(lENBACH tkoialy Pub!IC. Oakland 4. in My Comm bpli,s DoC. 74 Kea INTERLOCAL AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by affirmation of the signatures below as of the day and year indicated below: COUNTY or OAKLAND, a Michigan Constitutional Corporation illfc4-14/11co man Oakland County Board of . Commissioners STATE or MICHIGAN) ss COUNTY. OF OAKLAND) On this'/5t day of :121/0,E.... 1984, before me, a Notary Public in and for said County, personally appeared Richard R. Wilcox, known, who, being by we duly sworn, did for himself say that he is the Chairman of the Board of Commissioners of the County of Oakland, the corporation named in and which executed the within Contract, and that said Contract was signed and sealed on behalf of said corporation by authority of its Board of Commissioners by and the said Richard R. Wilcox acknowledged said Contract to be the free act and deed of said Corporation. 2)LA.ti 6.2 4/, /9 kY Date Stbned B 21---415:eHeti..L° djifih El is, County Clerk Livingston County .rY • m this 10th day of 84 ALLEN County Clerk/Register of Deeds #84114 May 10, 1984 Moved by Gosling supported by Sue Kuhn the resolution be adopted. Moved by Gosling supported by Calandra the resolution be amended by adding the following paragraph after paragraph XI on page 16 of the Revisions to Interlace' Agreement: nOLHSA agrees to defend, indemnify and hold the County of Oakland harmless from any and all liability arising from the acts or omissions of OLHSA, its agents or employees in the performance of this Agreement. OLHSA agrees to purchase and keep in effect at all times relative to this Agreement, a policy of insurance for General Liability and further agrees to name the County of Oakland as a named insured on said insurance policy." A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Moore, Nelson, Olsen, Price, Rewold, Wilcox, Aaron, Calandra, Foley, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McDonald, Moffitt. (18) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. STATE OF MICHIGAN) COUNTY OP OAKLAND) 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 Miscellaneous Resolution #84114 adopted by the Oakland County Board of Commissioners at their meeting held on May 10, 1984 with the orginial 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