HomeMy WebLinkAboutResolutions - 1991.06.13 - 18512REPORT Misc. 91080 June 13, 1991
BY: GENERAL GOVERNMENT COMMITTEE
Richard G. Skarritt, Chairperson
RE: Miscellaneous Resolution #91080, Oakland Livingston Human
Service Agency - Interlocal Agreement Renewal
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above
referenced resolution, reports with the recommendation that the
resolution be adopted with the following amendment:
On page 16 of the agreement, "q." Controlling financial
responsiblities, fourth line of the paragraph, change "Oakland
County" Treasurer to "OLHSA" Treasurer.
Mr. Chairperson, on behalf of the General Government
Committee, I move the acceptance.,4 the foregoing report.
/ I
GENERAL GOVERNMENT COMMITTEE
Miscellaneous Resolution # 91080 April 25, 1991
BY: GENERAL GOVERNMENT COMMITTEE RICHARD G. SKARRITT, CHAIRPERSON
IN RE: OAKLAND LIVINGSTON HUMAN SERVICE AGENCY - INTERLOCAL AGREEMENT RENEWAL
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, Oakland and Livingston Counties have entered into an agreement pursuant
to Act 7, 1967 which created the Oakland Livingston Human Service Agency under
Resolution #6662 on May 2, 1974; and
WHEREAS, this Agreement, termed the "interlocal Agreement", is to be renewed
every three years; and
WHEREAS, a Study Committee, reviews the Agreement prior to be each renewal in
order to determine if changes are desirable; and
WHEREAS, a number of technical, non-substantive changes are recommended
according to the attached list; and
WHEREAS, the Livingston County Board of Commissioners will also vote on the
recommended changes.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approve the renewal of the rnterlocal Agreement between Oakland and Livingston....
Counties with the recommended changes.
BE IT FURTHER RESOLVED that should Livingston County request additional
changes that such changes be brought back to this Board of Commissioners prior to
signing of the Agreement by its chairperson.
Mr. Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
t-k-I-CHARD G. SKARRITT,—CWAIRPERSON
INTERLOCAL AGREEMENT CHANGES
. MARCH 8, 1991
ATTACHMENT
The Interlocal Agreement dated October 6, 1987, has been reviewed by the
Interlocal Agreement Study Committee, OLHSA's legal counsel (Patterson,
Potter and Delisi), Oakland County's Risk Management and Safety
Division, and Oakland County Corporation Counsel. Following is a list
of the changes that have been recommended to date: _
ENisting wording as shown in Progosed chance as shown in document
document_dated_October 1987: dated March 8. 1991:
Page 6, item A-3 1 last Page 5.
sentence. Delete the comma and
add the word "a".
...and representatives of
programs funded to OLHSA,
which mandate representation
as grant requirement, such as
Head Start.
Page 9, item B, Board Size.
Change to indicate range of
21-51 members.
OLHSA shall be governed by a
- board of twenty-one (21)
members.
Page 10, item D, :Expenses and
Mileage. Addition at the end
of line 7.
...attendance at official
OLHSA Governing Board
meetings, standing and ad hoc
committee meetings of the
board.
Page 14, item p-9, Being
Accountable. Change name of
report.
Health and Human Services
Committee Report and Adminis-
trative Liaison's Report
Page 15, Accountability
Documents. The following
changes are based on Personnel
...and representatives of programs
funded to OLHSA which mandate
representation as a grant requirement,
such as Head Start.
Page 7.
OLHSA shall be governed by a board of
not less than twenty-one (21) nor more
than fifty-one (51) members and that
such membership shall be divided
equally among the public sector,
private sector and consumer sector
provided for under Article VI, Section
A Membership above.
Page 8 and 9.
...attendance at official OLHSA
Governing Board meetings, standing and
ad hoc committee meetings of the board,
and approved official meetings when
representing OLHSA."
Page 12;
Oakland JCounty Commiesioners Summary
Report and the Oakland Livingston Human
Service Agency (OLHSA),Ouarterly Report
to the Livingston County Board of .
Commissioners
Page 1.3.
Interlocal Agreement Changes
March 8, 1991
Page 2
Page 17, item q, last
paragraph. Correct name of
committee.
...improvements are subject
to OLHSA Personnel Committee
approval based on available
funding and approved budgets.
1. Treasurer's Report is prepared by
Finance Division.
2. Bylaws are prepared by the Executive
Office Staff.
Certificates of Insurance are
prepared by Finance Division.
4. Corporate Charter is prepared by
Finance Division.
5. Health and Human Services Committee
Report is now the Oakland County
Commissioners Summary Report which
is prepared monthly by the Governing
Board Coordinator and submitted to
the Oakland County Commissioners.
6. The Oakland Livingston Human Service
Agency (OLHSA) Quarterly Report to
the Livingston County Board of
Commissioners is prepared quarterly
by the Division Manager of
Livingston County Programs.
Pace 14.
...improvements are subject to OLHSA
Human Resources Committee approval
based on available fundinc and approved
budgets.
Page 20, item XVII, ADDENDUM. Page 17.
Replace entire second paragraph.
"OLHSA agrees to defend,
indemnify, and hold the County
of Oakland and the 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."
"OLHSA agrees to defend, indemnify and
hold harmless, Oakland and Livingston
Counties and their respective
employees, boards and commissions,
elected or appointed officials and
agents from any and all liability
an from their performance or
nonperformance in regard to this
interlocal agreement.
OLHSA shall purchase and keep in effect
at all times, relative to this
agreement, policies of insurance, as
follows, with the parties described
above (i.e., Oakland and Livingston
County, et al) as additional named
insureds under the comprehensive
general liability policy as with
respect to liability arising from this
Agreement:
-'Interlocal Agreement Changes
March 8, 1991
Page 3
A. Workers' Compensation Insurance as
required by the State of Michigan.
B. Comprehensive General Liability
Insurance with a combined single
limit for bodily injury and property
.damage of at least $1,000,000. The
' policy shall also include personal
injury coverage with contractual
exclusion "A" and employee exclusion
"Cu deleted.
klmis
• • ATTACHMENT B
INTERLOCAL AGREEMENT
BETWEEN
OAKLAND COUNTY BOARD OF COMMISSIONERS,
LIVINGSTON COUNTY BOARD OF COMMISSIONERS,
AND
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY
October 6. 1587
TABLE OF CONTENTS
PREAMBLE
I. PURPOSE OF THE INTERLOCAL AGREEMENT
II. DESIGNATION AND LEGALITY
III. SERVICE BOUNDARIES
BV. 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, olderly
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 Interlocal
Agreement for the purpose of: (a) delineating the powers
and duties of the participating units of government, (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 have created and do hereby
sustain the Oakland Livingston Human Service Agency as a
separate legal entity to execute the Interlocal Agreement
7
as set forth in the Urban Cooperation Act, Act 7 1 1967
(Ex. Sess.) p. 751; eff. March 22, 1968, Section 7, Item
1. The Interlocal Agreement shall be approved by
concurrent 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
Agreement, 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
7 where a party to the Agreement is located.
/ n, ,
(
The County of Livingston hereby designates the supervision
of the execution of the Interlocal Agreement to the County
of Oakland. Through this designation, both Oakland and
Livingston Counties vest the supervisory authority 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,
inasmuch as Act 261 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 ,
anniversary 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 an agent for improving delivery
systems in the areas of health (support
services), educationL (preschool, compensatory .
education, and educational change), child care,
outreach, training & employment, 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, (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
community 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;
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.
VI. OLHSA GOVERNING BODY
Oakland Livingston Human Service Agency shall be required
to Hhave a governing board with its provisions to be
stipulated in bylaws. Should changes in the bylaws .of
,OLHSA be 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.
A. Membership
The OLHSA 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 (1) 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, 1/3
public, and 1/3 consumers of services. The definition
of each sector is as follows:
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.
2. Private Sector: Representation from business,
industry, labor, religions, minorities,
education, volunteers and other major groups
and interests in the community.
3. Consumer Sector: Clients of human services
delivered in Oakland and Livingston Counties,
such as persons eligible for single or special
purpose programs, such as Weatherization,
Employment & Training, Senior Citizens, etc.;
members of advisory councils of the OLHSA; and
?:reareSentatiVeifOrograilisfUndedAo -OLHSA,-
J41-iibh-atlandaterepresentation as _:_grant :7
fi7r-44taireirielititiCh7ai'HeidStart
The private and public sector membership shall be
appointed by the parties to the Interlacal Agreement,
whereas, the consumer membership shall be elected.,
The public 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 of either procedure to be
determined by the Nominating Committee and approved by
the DLHSA 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 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 DLHSA Governing Board and parties to
the Ihterlocal 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 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 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.
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.
7. The Nominating Comm;*+,=e notifies parties of
the Interlocal Agreement immediately of public
and private sector vacancies and makes
* recommendations for replacements. 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 appropriate
replacement(s). The recommendation will go to
the governing board -for approval. 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
oLHsA:1 l:
members _1
gioVer.n ed4Y.3 0ard:of t wen tye one(21)
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
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 CLHSA
operation. The OLHSA Governing Board assures program
development and operations in accordance with the
Interlocal Agreement.
The OLHSA Governing Board is empowered to do the
following:
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 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 as set forth by funding
source(s) requirements;
7. Assure compliance _with grant conditions,
including OMB Circular A-122, which defines
political activity;
O. 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, 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 program 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;
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 OLHSA 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
Governing Board meetings,
Jstandingnd.adhoc:committeemeetingS.of the_ board. '
Allowable expenses are babysitting and mileage at the
current rate established by OLHSA Governing Board.
There shall be no duplication of reimbursement.
E. Conflict of Interest
No person shall hold a paying position with OLHSA
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 OLHSA 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 OLHSA Governing
Board attention in accordance with the Mission and
Responsibility Statements. There will be, however, a
11
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 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, (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 OLHSA Governing Board based on the four considerations
above.
OLHSA 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 Inter-local
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 handicapped, as
stated in the Purpose of OLHSA;
12
b. Utilizing a systems approach for delivering human
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. cringing about institutional and agency
responsiveness, sensitivity, and constructive
changes as it relates to human needs with emphasis
on the low-income, elderly and handicapped;
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
government 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
•
10
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;
OLHSA shall operate on a system of Management by
Objective (MB0). 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 MS0 system for accountability and
planning purposes. These two interrelated systems
are the basis for monitoring and evaluating OLHSA
operations. The Evaluation Committee of the OLHSA
Governing Board will execute its reponsibilities
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. Certificates of Insurance
n. Organizational Chart
6. Bylaws
7. Corporate Charter
B. Program Proposals through A-95 Review
Process
9. ZI.H6".11±.thif;Bind -__HUrriadZer_VieeS_Corriniittee.Repor.t:::t
ahl&LAdthiriitratiVe7,Lial'scirfilRebort7t
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 current
operational manuals and personnel practices are
stored in the OLHSA library.
ACCOUNTABILITY DOCUMENTS
1 I I I I I 1
I DOCUMENT I CONTENTS I PRURIENCY I PREPARED BY I SUBMITTED TO I APPROVED I
I 1 I I 1 I I
!Problem Statements IDemographic detail of 'According to FundinglGenior IOLVISA Governing Board viaIOLHSA I
land ObJectives !problem to be addressed ISources :Executive its Evaluation Committee IGoverning I
- 1 l& measurable objectives I !Staff I . !Board 1
I I 1 I I I I •
!Treasurer's !Funding & expenditures I IBLne-Si,& 1 HILHSA Governing Board andIOLHGA j
!Report !by program account IMonthly IFinanC777.7777 Iparties of the InterlocallGoverning I
I 1 1 IDiyision: .? !Agreement via OLHSA BoardIBoard I
I I 1 I IMAILODg I .
I IStatus of all program I !Contractual IOLHSA Governing Board and I I
!Audits !accounts & accounting !Annually !audit firms !parties of the Interlocal 1
I !procedures I 1 !Agreement. I
I ! 1 I 1 I 1
!Program Progress !Quantitative & !Sixth mnnth of. !Senior IOLHOA Governing Board vialOLHSA 1
!Review (qualitative results of !operation and lExecutive lits Evaluation Committee !Governing I
I loperations lannually IStaff I !Board I •
I '1 I I I I I
' I I , , I !Office of the! I I
lOrganizational !Staffing pattern !Annually !Executive IOLHSA Governing Board I I
!Chart I ' . I IDirector 1 I 1
I I ,. I • I I I I
I I • • • I _ _ _ !Data, _. 17COLHSA Governing Board IOLHSA I .-. ul 'Bylaws !Board structure, !Period of InterlocallEvaluation.t. land parties of the IGoverning I
I !purpose, membership !Agreement 1Program .,DivilAgreement via the Bylaws 1Board I • -
1 I 1 I !Committee
1 I • 1 IBuStnesss' & 71 •10LHSA I
!Certificates of .ICertification of !Annually IFinance-•,-, - ,. YIParties of the InterlocallGoverning I r
!Insurance !Coverage I IDivision i !Agreement !Board I
I I I I I . I
I I I {Business & .7 I I
ICorporate Charter ICorporate status; filinglAnnually IFinance-,1Available to Governing I I
1
1Fee Certificate 1 IDiyision,..,..i IBoard 1 7 ,
I 1 I • I
I 1 I !Assigned I IOLHGA I
!Grant Applications !Work Programs and other !According to grant IOLHSA IA-95 Review Process and !Governing 1
1 !funding requirements Iperiods !Staff Ifunding agents !Board I
I I I I I I -
la. Health I< Human II I !Assigned -,.1a. Health & Human . I
101PviCee'CoMmitterforlSignificance of !Quarterly : IDLIISA ,.. 1Servicsro Committeef0C}, i ,
IReport-(0C)--.,,,4 laccomplishments - A !Staff • ----' I I
14. ,Administrative 4.1 I I lb. Livingston County 1
. . . . 1 . . elbnard Di Commissioners I • 1 1-iaisonslepor .t,,71
L(LC).,_,,....,,_, ''-'7' I 1
I _____--- I I
OLH9A
med
071407
OLHSA shall carry out these accountability
functions and report to the appropriate parties as
outlined on 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 parties of the
Interlocal Agreement.
The operational year shall be the same as Oakland
County's fiscal year of January 1 through December
3i.
q. Controlling financial responsibilities;
.OLHSA shall maintain its on fiscal control staff
to carry out financial responsibilities. Fiscal
accounting will be maintakr1Ted as a double entry
system. The(Oakland County -Treasurer shall serve
as the fiscal agent of OLHSAl funds. In accordance
with the directives of the OLHEA Board, the fiscal
agent shall (1) 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
contract for the execution of the Interlocal
Agreement 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. Conditions 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 OLHSA
Board approval as well as funding source(s)
approval.
The principles of financial control techniques as
specified in CSA Guidance 6801-1, August 1968 7
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 OLHGA.
Grant 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 reviewed annually and :imprcvementsar-e subject
dOLHSPereonrelCommittee approval •-based 'on'
availablefunding'and:approved budgets:-
IX. FINANCIAL SUPPORT OF DLHSA
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 Southeastern
Michigan Council of Governments (SEMCOG) population
projections.
- 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 in-kind), which
facilitate operations. Also, in-kind 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 in-kind support shall be subject to
appropriate accounting procedures and audit.
17
- The carry-aver 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 plannina, 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 cf
Michigan, 1981 and the Community Services Block Grant
(CSSG) as amended throughout its duration, and (b)
OLHSA also shall be eligible to receive other public
and private funding.
- Na employee or board member shall derive personal
benefit from such funding.
X. TERMINATION OF THE INTERLOCAL AGREEMENT
Should conditions prevail that necessitate' the termination
of the Interlocal 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 writina no less
than 180 days prior to the date of termination once the
mutual agreement has been established in order that an
orderly phase out can be instituted.
XI. IMMUNITIES AND EXEMPTIONS
No employee bene-fits 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.
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, OLHSA
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 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,
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.
TOTAL 9
19
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 - A planned and coordinated network
approach to providing the types of services necessary to meet
people problems by linking related service areas.
IN-KIND 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 1 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 1 Section 5c.
OLHSA GOVERNING BOARD - Is the policy making body of OLHSA with
the limitations set forth in the Interlocal Agreement.
PA270 -PUBLIC ACT 270 - Number 230 of the Public Acts of 1961
being 5400.1101 et seq of the compiled laws of the State of
Michigan, that assured funding of Community Services Block Grant
(CSBG) funds, allocated by the Federal Government to Michigan,
continues support 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
Human Service Agency (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.
OLHSA
med
091767
interloc
Roy Rewold, ail-man By: .....ei12711g.
Oakland Cou ty Board
Commissioners
ate g
STATE OF MICHIGAN).ss
COUNTY OF OAKLAND)
of
,
)of By: doir.Awit, 4
Eri 4' Richar. I. Ta d, h airman
Livingston County Board of
Commissioners
Katlerine L. Ward
-)r
larbara M. Cox
ng\1. ZLbWBy:
1
9
0
0
-
,t/aw'fZ. Fii;r5"PubTic; L ivingston
Hy Commission expires: :My Commission expires: .dul y 30; 1988
INTERLOCAL AGREEMENT SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have caused this
signatures below as of the day and year indicated below:
contract to be executed by affirmation of the
COUNTY OF OAKLAND,
a Michigan Constitutional
Corporation
COUNTY OF LIVINGSTON,
a Michigan Constitutional
Corporation
:STATE OF MCIGAN) ss
:COUNTY OF LIVINGSTON)
WITNESSES WITNESSES
Jo ep County oun y er
LiQ'ingston County
September 21, 1987
Bate Signea
On this day of c,le..)K, 1987, before me a:On this 6yru .„. day of „Staptaudigr, 1907 before me A
#
_ 1
Notary P66 1C-- in and or said County, personally:Notary Public in and or said -County, personal“
appeared Roy Rewold, known, who, being by me duly:appeared Richard I. Slayton, known, who, being by me
sworn, did for himself say that he is the Chairman of:duly sworn I did for himself say that he is the
the Board of Commissioners of the County of:Chairman of the Board of Commissioners of the Counti
Oakland, the corporation named in and which:of Livingston, the corporation named in and whict7
executed the within Contract, and that said:executed the within Contract 1 and that said Contract
Contract was signed and sealed on behalf of said:was signed and sealed on behalf of said Corporation
Corporation by aukhority of its Board of:by authority of its Board of Commissioners by
Commissioners by 'Miscellaneous Resolution No. 87100,:Miscellaneous'Resolution No. 987-216, dated September
dated July 23, 1907, and the said Roy Pewold:0, 1907, and the said Richard I. Slayton acknowledged
acknowledged said Contract to be the free act and:said Contract to be the free act and deed of said
,
: deed of said Corpor ion. _
Corporation.
Z5-1')L
unty, Hichigan
the following procedure shall be
XVI. ADJUDICATION OF DISPUTES
Agreement and/or separate
with any part of the
matter(s) is(are) not
of one or all of the
In the event either party to the
legal entity fails to comply
Interlocal Agreement and the
resolved to the satisfaction
participating parties,
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 (B) fail to render
solution:
. 1. the respective County Board(s) involved
shall designate a committee of its
members (e.g., Oakland County Health and
Human Services Committee),
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 reaular 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 Na. 84114 of May
10, 1984, the following action is added to the Interlocal
Agreement:
Fes -, t:3 deend,indemify and hold ;the County -
an p oun y Liings .bbn harml ess fr:bminan-d-
al 1'I abi 11t arigfo sions 'of OL14SA •
n ZA? 1 ? ppri.fbr, m ance hi sl
pies to purchase
al'l times.-relativeve • a .- . -
_ .` -. - n . PeS aMe-1
•
named-insured on tFai initii-arice palicy.—
2.
7'74'
'20
Resolution # 91080 June 13, 1991
Moved by Skarritt supported by Jensen the resolution be adopted.
Moved by Skarritt supported by Jensen the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Moffitt the resolution be amended to
conform with the General Government Committee Report (on page 16 of the
agreement, "q." Controlling financial responsibilities, fourth line of the
paragraph, change "Oakland County" Treasurer to "OLHSA" Treasurer.)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen,
Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Aaron, Bishop,
Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as
amended, was adopted. •
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on June 13, 1991
with the on record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 13th _ day of—) June ,..; 1991
/ e ,.\ /1,....:_.
-(-1,
7, LynnjO. Allen, County C)erk