HomeMy WebLinkAboutRES-2004-072 Amend Agreement Establishing the Orange-Person-Chatham Local Management Entity
RESOLUTION TO AMEND THE
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INTERLOCAL~COOPERATION AGREEMENT
FOR THE PROVISION OF MENTAL HEALTH,
DEVELOPMENTAL DISABILITY AND SUBSTANCE ABUSE SERVICES
BETWEEN ORANGE, PERSON AND CHATHAM COUNTIES
WHEREAS, Orange, Person and Chatham Counties have each adopted an
Interlocal Cooperation Agreement for the Provision of Mental Health,
Developmental Disability and Substance Abuse Services {"Interlocal
Agreement"}; and
WHEREAS, N.C.G.S. ~122C-115 (a) has been amended to clarify that
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Orange, Person and Chatham Counties may participate in the multi-
county program created by the Interlocal Agreement while participating
in OPC Area Authority to achieve a smooth transition from the area
program model to the multi-county program model; and
WHEREAS, Orange, Person and Chatham Counties desire to make the
Interlocal Agreement effective July 1, 2004 and desire to appoint its
Governing Board;
NOW, THEREFORE,
County hereby amends the Preamble to
establish the effective date of the Agreement as of July 1, 2004 and
hereby amends Section 3, Duration of Agreement, to read as follows:
This Agreement shall be in effect beginning on July 1,
2004 and shall thereafter continue in effect concurrently
with the timeframes established in the local business plan
adopted by the Parties. Pursuant to N.C.G.S. §122C-115.2,
the duration of the local business plan. shall be at least
three state fiscal years beginning July 1, 2004.
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and hereby amends Section 7, Terms of Appointment of Governing Board,
to read as follows:
The three commissioners appointed by their respective
counties shall each serve a two-year term commencing on the
first day of July in the year in which each is elected to
the seat on the OPC LME Governing Board, provided, however,
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. the entire term for each county commissioner representative
must be during the actual term of their elected position.
After the initial terms set forth below, the three at-large
members shall each serve a three-year term commencing on
the first day of January in the year in which elected to
the seat on the LME Governing Board. To accommodate future
January appointment dates and to create staggered
appointments on the Board, the initial appointments to be
Board will be as follows: Chatham appointment - for a term
commencing on July 1, 2004 and ending on December 31, 2007;
Orange appointment - for a term commencing on July 1, 2004
and ending on December 31,.2006; Person appointment - for a
term commencing on July 1, 2004 and ending on December 31,
2005. The Advisory Committee chair shall serve a term of
two years commencing on the first day of January in the
year in which elected to the seat on the LME Governing
Board.
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and hereby amends Section 8, Timetable for Appointment, as follows:
Each Party agrees that it shall make its initial
appointment to the Governing Board and all subsequent
appointments as soon. as possible and in any event within 90
days of any vacancy for which a Board of County
Commissioners has appointment authority.
and hereby amends Section 20,
Dissolution of OPC and Transfer of
Assets and Liabilities as follows:
The Parties through their respective Boards of County
Commissioners, in accordance with the provisions of
N.C.G.S. §122C-115.3, have determined to dissolve OPC and
operate as a multi-county program. The dissolution of OPC
will be effective at the end of the fiscal year in which
the action of dissolution transpires. The dissolution of
OPC will be preceded by a public hearing in Orange County,
in Person County and in Chatham County, each held with
notice published in every participating county at least ten
days before the hearing. The dissolution .of OPC will be
with prior approval of the Secretary. Continuity of
services provided by OPC in its Catchment Area is assured
by virtue of the creation of .the LME and the execution of
this Agreement.
The budgetary surplus available to OPC at the time of
its dissolution is to be distributed to Orange, Person and
Chatham Counties respectively on the same pro rata basis as
each county appropriated and contributed funds to OPC's
• budget during the fiscal year in which dissolution
occurred. Prior to distribution, an audit of the financial
records of OPC shall occur and distribution shall be based
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on the results of the audit. The audit shall be conducted
by a certified public accountant or accountant subsequently
certified by the Local Government Commission to conduct the
audit who is chosen by the OPC Area Board. The audit shall
be conducted in accordance with the provisions of N.C.G.S.
§159-34. All funds distributed to the Parties in
accordance with this section shall be placed in the fund
balance of the LME.
If unobligated surplus funds of OPC are not sufficient
to satisfy the total indebtedness of OPC, the remaining
unsatisfied indebtedness shall be apportioned among the
Parties on the same pro rata basis that the Parties
appropriated and contributed funds to OPC's budget during
the fiscal year in which dissolution occurred.
Except as herein expressly amended, that certain Interlocal
Cooperation Agreement for the Provision of Mental Health,
Developmental Disability and Substance Abuse Services Between
Orange, Person and Chatham Counties remains in full force and
effect .
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11096\O1\m\LME Interlocal Agreement\006Resolution to Amend Interlocal Agreement
• INTERLOCAL COOPERATION AGREEMENT
FOR THE PROVISION OF MENTAL HEALTH,
DEVELOPMENTAL DISABILITY AND SUBSTANCE ABUSE SERVICES
BETWEEN ORANGE, PERSON AND CHATHAM COUNTIES
This Interlocal Cooperation Agreement made and entered into
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effective the~~ 1st day of July 2004, by, between
and among Orange County, a political subdivision of the State of North
Carolina, Person County, a political subdivision of the State of North
Carolina and Chatham County, a political subdivision of the State of
North Carolina, herein collectively referred to as the "Parties".
This Agreement is made as an Interlocal Cooperation Agreement pursuant
to Chapter 122C of the North Carolina General Statutes and Part I,
Article 20 of Chapter 160A of the North Carolina General Statutes.
W I T N E S S E T H:
WHEREAS, N.C.G.S. §122C-115(a) requires each county in North
Carolina to provide mental .health, developmental disability and
substance abuse services either through an area authority or a county
program established pursuant to N.C.G.S. §122C-115.1; and
WHEREAS, N.C.G.S. §122C-115.1 authorizes counties to enter into
multi-county programs created through interlocal cooperation
agreements pursuant to N.C.G.S. §160A-460, et seg.; and
"WHEREAS, Orange County, Person County and Chatham County together
comprise an area .wherein the population is compliant with the targeted
minimum population of 200,000 as set forth in Chapter 122C of the
North Carolina General Statutes; and
WHEREAS, Orange County, Person County and Chatham County have
I ~ each elected to operate together a multi-county program for the
provision of mental health, developmental disability and substance
abuse services which shall be established, operated and governed by
the Parties pursuant to N.C.G.S. §122C-115.1; and
WHEREAS, Orange County, Person County and Chatham County have
provided as a joint effort of the three counties, for the development,
review and approval of a business plan for the management and delivery
of mental health, developmental disability and substance abuse
services, with detailed information on how the county program will
meet State standards, laws and rules ensuring quality mental health,
development disability and substance abuse services, including outcome
measures for evaluating program effectiveness; and
WHEREAS, the Boards of Commissioners of Orange County, Person
County and Chatham County intend to form and by this Agreement do form
a three county public entity to serve as the local management entity
("LME") for the multi-county program created by Orange, Person and
Chatham counties; and
WHEREAS, the Parties have determined to engage in an Undertaking
whereby the three county public entity created by this Agreement to
serve as the local management entity may contractually exercise the
powers, functions, rights, privileges and immunities of -the Parties
with regard to the provision of mental health, developmental
disability and substance abuse services in the Catchment Area; and
WHEREAS, this Interlocal Cooperation Agreement will allow the
three county public entity created by this Agreement to serve as the
local management entity to exercise the Undertaking; and
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WHEREAS, the Parties desire to enter into this Agreement to set
forth their respective rights and obligations with respect to the
Undertaking; and
WHEREAS, prior to entering into this Agreement, the Board of
Commissioners of each Party has held a public hearing with notice
published at least ten days before the hearing regarding the
establishment of the LME.
NOW THEREFORE, for and in consideration of mutual covenants
contained herein and the mutual benefits to result, the Parties hereby
agree as follows:
1. PURPOSE OF AGREEMENT
The purpose of this. Interlocal Cooperation Agreement is to
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execute an Undertaking between the Parties to exercise the Parties'
powers, functions, rights, privileges and immunities in the provision
of mental health, developmental disability and substance abuse
services to persons in the Parties' Catchment Area and to establish an
organizational framework that provides for public policy, management
and administrative accountability in the provision of mental health,
developmental disability and substance abuse services.
2. .DEFINITIONS
A. Advisory Committee. "Advisory Committee" means the
advisory committee created by the Parties in accordance with the
provisions of N.C.G.S. §122C-115.1, the responsibilities of which are
set-forth in this Agreement.
B. Catchment Area. "Catchment Area" means the geographic
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area of the State of North Carolina served by the Orange Person
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Chatham LME and encompassing Orange County, Person County and Chatham
County.
C. CFAC. "CFAC" means the local Consumer and Family
Advisory Committee for Orange, Person and Chatham Counties.
D. Commission. "Commission" means the Commission for
Mental Health, Developmental Disabilities and Substance Abuse Services
established under Part 4 of Article 3 of Chapter 143 of the North
Carolina General Statutes.
E. Department. "Department" means the North Carolina
Department of Health and Human Services.
F. Division. "Division" means the Division of Mental
Health, Developmental Disabilities and Substance Abuse Services of the
Department.
G. Fiscal Year. "Fiscal Year" means July 1 through June
30 of each calendar year.
H. Governing Board. "Governing Board" means the
governing board- of the LME, the composition of and responsibility of
which are set forth in this Agreement.
I. LME. "LME" means the .three county public entity
joint agency created by the Parties as a multi-county program to
provide mental health, developmental disability and substance abuse
services in Orange County, Person County and Chatham County and known
as the Orange Person Chatham LME. Within the public system of mental
health, developmental disability and substance abuse services, the LME
is the locus of coordination among public services for clients in the.
Catchment Area.
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J. Local Funds. "Local Funds" means fees from services,
including client payments, Medicare and the local and federal share of
Medicaid receipts, fees from agencies under contract, gifts and
donations, and county and municipal funds, and other funds not
administered by the Division.
K. OPC. "OPC" means Orange Person Chatham Mental Health,
Developmental Disability and Substance Abuse Authority, an area
authority established pursuant to Chapter 122C of the North Carolina
General Statutes.
L. Operating Costs.. "Operating Costs" means expenditures
made by the LME in the delivery of services for mental health,
developmental disabilities, and substance abuse as provided in Chapter
122C of the North Carolina General Statutes and includes the
employment of legal counsel on a temporary basis to represent the
interests of the LME.
M. Party. "Party" means Orange, Person and/or Chatham
County, individually.
N. Parties. "Parties" means Orange, Person and Chatham
County, collectively.
O. Program Director. "Program Director" means the
director of the LME.
P. Secretary. "Secretary" means the Secretary of the
Department of Health and Human Services.
Q. Undertaking. "Undertaking" means the contractual
exercise by the LME of the powers, functions, rights, privileges and
immunities of the Parties in the provision of mental health,
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developmental disability and substance abuse services. The scope of
.the Undertaking shall be-based upon the terms of the local business
plan then in effect. as developed and adopted by the Parties and
approved by the Secretary in accordance with N.C.G.S. ~122C-115.2.
3. DURATION OF AGREEMENT
This Agreement shall be in effect beginning on July 1, 2004 and
shall thereafter continue in effect concurrently with the timeframes
established in the local business plan adopted by the Parties.
Pursuant to N.C.G.S. ~122C-115.2, the duration of the local business
plan shall be at least three state fiscal years beginning July 1,
2004.
4. ESTABLISHMENT OF JOINT AGENCY
The counties hereby establish a joint agency known as the Orange
Person Chatham LME. ("LME"). The LME is charged with .all
responsibilities required for the exercise of the Undertaking. All of
the powers, duties, rights, functions and immunities of the Parties
necessary for the execution of the Undertaking are conferred upon the
LME. The delegation of authority to the LME shall empower the LME to
serve as the comprehensive planning, budgeting, implementing and
monitoring group for community-based mental health, developmental
disability and substance abuse services in Orange, Person and Chatham
Counties.
5. GOVERNING BOARD OF THE LME
The LME will be governed by a board of seven members one of whom
must be an elected county commissioner from Orange County, one of whom
must be an elected county commissioner from Person County, one of whom
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must be an elected county commissioner from Chatham County, one of
whom must be the chair of the Advisory Committee, and three of whom
may be county commissioners or any other individual residing. in
Orange, Person or Chatham County so long as these three additional
members are from the three different counties. The. three Boards of
County Commissioners shall .each appoint one commissioner and one
additional at-large member from their respective counties to make up
the Governing Board. All Governing Board members except the Advisory
Board chair shall .serve at the pleasure of the Board of County
Commissioners that appointed them. The Governing Board shall develop
bylaws not inconsistent with this Agreement or applicable provisions.
of law that shall establish the procedures under. which the Governing
Board operates.
6. CONDITIONS FOR MEMBERSHIP OF THE GOVERNING BOARD AND
ADVISORY COMMITTEE
In addition to the specific requirements outlined in this
Agreement, members of the Governing Board and the Advisory Committee
shall meet the following conditions:
(1) Each member shall be a resident of Orange, Person or
Chatham County.
(2) No member shall be a close relative of any member of the
staff of the LME as the term "close relative" is defined by
state law.
(3) No employee or consultant of the LME and' no contract
provider, employee of a contract provider or other
individual in a contractual relationship with the LME shall
be eligible for membership.
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7. TERMS OF APPOINTMENT OF GOVERNING BOARD
The three commissioners appointed by their respective counties
.shall each serve a two-year term commencing on the first day of July
in the year in which each is elected to the seat on the OPC LME
Governing Board, provided, however, the entire term for each county
commissioner representative must be during the actual term of their
elected position. After the initial terms set forth below, the three
at-large members shall each serve a three-year term commencing on the
first day of January in the year in which elected to the seat on the
LME Governing Board. To accommodate future January appointment dates
and to create staggered appointments on the Board, the initial
appointments to be Board will be as follows: Chatham appointment - for
a term commencing on July 1, 2004§ and ending on December 31, 2007;
Orange appointment - for a term commencing on July 1, 2004§ and ending
on December 31, 2006; Person appointment - for a term commencing on
July 1, 2004§ and ending on December 31, 2005. The Advisory Committee
chair shall serve a term of two years commencing on the first day of
January in the year in which elected to the seat on the LME Governing
Board.
8. TIMETABLE FOR APPOINTMENT
Each Party agrees that it shall make its initial appointment to
the Governing Board b~~he e-€-~e-c~r'~=e da~e`e~h~s Agreement a~a-~haz
i~ sal ~ta~ee-and all subsequent appointments as soon as possible and
in any event within 90 days of any vacancy for which a Board of County
Commissioners has appointment authority.
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9. VACANCIES ON TAE GOVERNING BOARD
Should a vacancy occur on .the Governing Board prior to the
expiration of an appointed term of office, the Board of County
Commissioners that appointed the person vacating their Governing Board
position shall appoint a replacement member to fill the remainder of
the unexpired term.
10. MEETINGS OF GOVERNING BOARD
The Governing Board shall set its meeting .schedule based on the
needs of the LME, provided, however, that the Governing Board shall
meet at least monthly with the exception of July, August, and
December.
11. VOTING
Each member of the Governing Board shall have one vote. A
majority of members shall constitute a quorum. A quorum must. be.
present to conduct the business of the Governing Board. No Governing
Board member shall vote on matters regarding contractual or business.
relationships of the LME if the Governing Board member or an immediate
family member would benefit materially from the transaction.
12. ADVISORY COMMITTEE
Pursuant to N.C.G.S. §122C-115.1, the Governing Board of the LME
shall appoint an Advisory Committee that takes into account sufficient
citizen participation, equitable representation of disability groups
and equitable representation of Orange, Person and Chatham County. At
least fifty percent of the membership. shall conform to the
requirements of N.C.G.S. §122C-118.1(b)(1)-(4) and, therefore, shall
include:
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(1) a physician licensed under Chapter 90 of the North Carolina
General Statutes;
(2) a clinical professional in the fields of mental health,
developmental disabilities or substance abuse;
(3) a family member or an individual from citizen's
organizations composed primarily of consumers or their
family members, representing the interests of individuals
with mental illness and in recovery from addiction and with
developmental disabilities; and
(4) openly declared consumers with mental illness, with
developmental disabilities and in recovery from addiction.
The Parties further agree that the .Advisory Committee shall consist of
thirteen members and shall include at least seven members as follows:
one primary consumer with mental illness, one primary consumer with
development disabilities, one primary consumer in recovery from
addiction, one family member/advocate of a person with development
disabilities, one family member/advocate of a person in recovery from
addiction, one physician and one clinical professional in the field of
mental health, developmental disabilities or substance abuse. The
Advisory Committee shall elect a chair and maintain a chair at all
times. The Advisory Committee shall operate pursuant to duly adopted
bylaws.
13. DESIGNATION OF COUNTY MANAGER TO -WHOM THE ADVISORY
CONIlrlITTEE REPORTS
The County Manager of Orange County is designated the manager to
whom the Advisory Committee reports from January 1 to April 30 of each
calendar year for the duration of this Agreement. The County Manager
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of Person County is designated the manager to -whom the Advisory
Committee reports from May 1 to August 31 of each calendar year for
the duration of this Agreement. The County Manager of Chatham County
is designated the manager to whom the Advisory Committee reports from
September 1 to December 31 of each calendar year for the duration of
this Agreement..
14. CONSUMER AND FAMILY ADVISORY COMMITTEE (CFAC)
The LME will facilitate the formation of a CFAC and provide the
CFAC an active role as an advisor to the LME on local plans, service
budgets, service eligibility, service array, gaps in service,
underserved populations, development of additional services,
monitoring of service development, monitoring of service delivery, and
quality improvement activities, including tracking and reporting on
outcome measures and performance indicators.
15. APPOINTMENT OF LME PROGRAM DIRECTOR
The Governing Board shall appoint a Program Director of the LME.
The Program Director appointed must meet the following -minimum
qualifications: (a) masters degree, (b) related experience and (c)
management experience. The Program Director shall be charged with the
obligation to carry out the provisions of N.C.G.S. §122C-111, to
administer the programs of the LME and to enforce applicable state
laws, rules of the Commission and rules of the Secretary and to any of
the duties and responsibilities set-forth in this .Agreement.
The Program Director shall serve at the pleasure of the Governing
Board. The Governing Board shall be responsible for setting the
compensation of the Program Director.
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The Program Director shall be responsible for the appointment of
staff of the LME, the furtherance of the policies and procedures of
the LME as established by the Governing Board and by this Agreement;
and for appointment and supervision of all staff and programs of the
LME. The Program Director is authorized to sign on behalf of the LME
such documents as are necessary for the transaction of LME business.
The Program Director recommends to the Governing Board service
priorities, taking into consideration the needs within the community
and overall objectives of the LME. The Program Director shall serve
as a non-voting ex-officio member of the Governing Board, the Advisory
Board and of any standing committee created by the Governing Board or
the Advisory Board.
16. FINANCING THE t]NDERTAKING
The administrative duties of the LME and the service system
funded by the LME shall be financed through Local Funds and funds
administered by the Division according to applicable rules and
regulations. The Parties shall appropriate funds for the support of
programs that serve the Catchment Area and for other purposes
consistent with the purposes of Chapter 122C of the North Carolina
General Statutes. The Parties may choose to appropriate funds to the
LME on the basis of an annual budget recommended by the LME and
submitted to the Board of Commissioners of each Party for approval.
The Parties acknowledge that the provisions of N.C.G.S. §122C-115
require counties to appropriate funds for the support of programs that
serve the Catchment Area and further provides that counties may not
reduce county appropriations and expenditures for current operations
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and ongoing programs and services of the LME because of the
availability of state-allocated funds, fees, capitation amounts and
fund balance. The Parties may reduce county appropriations by the
amount previously appropriated by the county for one time nonrecurr ing
special needs of the LME. Each of the Parties agrees. that, for so
long as the Governing Board determines it is necessary, each pa rty
shall provide to the LME, for the exercise of the Undertaking, the
appropriations,. expenditures, access to and use of real property and.
personal property as had been provided to OPC prior to its
.dissolution. Each Party is empowered to designate and redesignate its
property used by the LME so long as the Party offers equival ent
property to the LME if the property used previously is redesignated.
Funds distributed in accordance with N.C.G.S. §122C-115.3 (e) to
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on the dissolution of OPC sh
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fund balance of the LME.
,For so long as the LME provides service, the LME shall make every
reasonable, available effort to collect appropriate reimbursement for
its costs in providing mental health, developmental disability and
substance abuse services to persons unable to pay for such services,
including insurance and other third-party payments. The Parties
acknowledge that pursuant to N.C.G.S. §122C-146, no individual may be
refused services because of ability to pay. All funds collected shall
be utilized for the fiscal operation or capital improvement of the LME
and shall not reduce or replace the Parties' commitment of local tax
revenue as set forth in this Agreement.
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Revenues generated by the LME shall be utilized by the LME and
not apportioned among-the Parties. It is the Parties' intention that
the LME operate on an annual balanced budget ordinance in accordance
with the provisions of Chapter 159 of the North Carolina General
Statutes and that all costs of the LME for the exercise of the
Undertaking are to be covered by its revenues (including payments,
grants and state appropriations), together with the appropriations
made to it by each Party in accordance with the Agreement.
17. ADOPTION AND ADMINISTRATION OF PROGRAM BUDGET
The Governing Board shall adopt and administer the program budget
of the LME in accordance with Chapter 159 of the North Carolina
General Statutes. The program budget of the LME shall be the proposed
revenue and expenditure plan for the specified programs, functions,
activities and objectives of the LME for each fiscal year. The LME
shall operate under an annual balanced budget. The Parties further
agree that the LME program budget shall be based upon the following
assumptions: all three counties will share proportionately in the
costs of those programs that meet the basic requirements under state
law for service to the catchment area; all three counties will share
proportionately in the costs of those programs that serve and benefit
all three counties alike; and individual counties will be responsible
for the full costs of those programs that serve and benefit their
unique county needs.
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18. APPOINTMENT OF FINANCE OFFICER
The Governing Board shall appoint a Finance Officer of the LME
who shall serve at the pleasure of the Governing Board. The Finance
Officer shall have the following powers and duties:
(1) Keep the accounts of the LME in accordance with generally
accepted principles of governmental accounting and the
rules and regulations of the Commission of Local
Government.
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(2) Disburse all funds of the LME in strict compliance with
Chapter 159 of the North Carolina General Statutes and
shall preaudit obligations and disbursements as required by
Chapter 159 of .the. North Carolina General Statutes.
(3) Receive and deposit all monies accruing to the LME or
supervise the receipt and deposit of money by other duly
.authorized officers or employees.
(4) Maintain all records concerning the bonded debt and other
obligations of the' LME and determine the amount of money
that will be required for debt service or the payment of
other obligations during each fiscal year.
(5) Supervise the investment of idle funds of the LME.
(6) Perform such other duties as may be assigned to him/her by
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law, by the Program Director, or Governing Board, or by
rules and regulations of the Local Government Commission.
(7) As often as may be required by the Governing Board, the
Finance Officer shall prepare and file with the Governing
Board a statement of the financial condition of the LME.
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Except as otherwise provided by law, all checks or drafts on an
official depository shall be signed by .the Finance Officer and
countersigned by the Program Director. The Governing Board may waive
the requirements of dual signatories if the Governing Board determines
that the internal control procedures of the LME will be satisfactory
in the absence of dual signatures.
The Governing Board shall have the accounts of the LME audited
annually in accordance with Chapter 159 of the North Carolina General
Statutes.
19. OWNERSHIP OF REAL PROPERTY AND OTHER ASSETS
The Parties agree that all assets .formerly owned by OPC, for
which the LME is granted use under this Agreement, shall be considered
LME assets, except that all assets owned by Orange, Person or Chatham
County shall remain the assets of Orange, Person or Chatham County as
applicable. Upon termination of this Agreement, disposition of the
assets of the LME shall be accomplished in accordance with paragraph
29. Legal title to all real property necessary to the Undertaking
shall be held by the Parties individually, or jointly as tenants in
common, in such manner and proportion as they may from time to time
determine.
20. DISSOLUTION OF OPC AND TRANSFER OF ASSETS AND LIABILITIES
The Parties through their respective Boards of County
Commissioners, in accordance with the provisions of N.C.G.S. ~122C-
115.3, have determined to dissolve OPC and operate as a multi-county
program. The dissolution of OPC will bey effective at the end of the
fiscal year in which the action of dissolution transpiresd and-}s
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esnct~~~ent 6a~th the-ef~e-e~~ee-da~~e~ '~~ ^ T J,,.,.~m~~~ • The dissolution
of OPC will bew~e preceded by a public hearing in Orange County, in
Person County and. in Chatham County, each held with notice published
in every participating county. at least ten days before the hearing.
The dissolution of OPC will bey with prior approval of the Secretary.
Continuity of services provided by OPC in its Catchment Area is
assured by virtue of the creation of the LME and the execution of this
Agreement.
The budgetary surplus available to OPC at the time of its
dissolution is to be distributed to .Orange, Person and Chatham
Counties respectively on the same pro rata- basis as each county
appropriated and contributed funds to OPC's budget during the fiscal
year in which dissolution occurred. Prior to distribution, an audit
of the financial records of OPC shall occur and distribution shall be
based on the results of the audit. The audit shall be conducted by a
certified public accountant or accountant subsequently certified by
the Local Government Commission to conduct the audit who is chosen by
the OPC Area Board. The audit shall be conducted in accordance with
the provisions of N.C.G.S. §159-34. All funds distributed to the
Parties in accordance with this section shall be placed in the fund
balance of the LME.
If unobligated surplus funds of OPC are not sufficient to satisfy
the total indebtedness of OPC, the remaining unsatisfied indebtedness
shall be apportioned among the Parties on the same pro rata basis that
the Parties appropriated and contributed funds to OPC's budget during
the fiscal year in which dissolution occurred.
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21. UNDERSTANDING AS TO THE SUBMISSION OF REPORTS
The LME shall submit on a quarterly basis to the Secretary and
the .Parties service delivery reports that assess the quality and
availability of public services within the LME's catchment area. The
service delivery reports shall include the types of -services
delivered, number of recipients served, and services requested but not
delivered due to staffing, financial, or other constraints. In
addition, at least annually, a progress report shall be submitted to
the Secretary and the Parties. The progress report shall include an
assessment of the progress in implementing local service plans, goals,
and outcomes. All reports shall be in a format and shall contain any
additional information required by the Secretary and by the Parties.
Within 30 days of the end of each quarter of the Fiscal Year, the
Program Director and Finance Officer of the LME present to each member
of the Board of County Commissioners of the Parties a budgetary
statement and balance sheet that details the assets, liabilities, and
fund balance of the LME. This information shall be read into the
minutes of the meetings at .which it is presented. The Program
Director or Finance Officer of the LME shall provide to the Parties ad
hoc reports as requested by the Parties.
22. SERVICES TO GOVERNMENTAL OR PRIVATE ENTITIES
The -LME may contract to provide services to governmental or
private entities, including Employee Assistance Programs.
23. PUBLIC HEARING
Before establishing the LME, each of the Parties held. a public
hearing with notice published at least 10 days before the hearing.
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. 24. COMPLIANCE WITH CHAPTER 122C
-The Parties shall ensure that the programs and the services
provided through the LME comply with all applicable provisions of
Chapter 122C of the North Carolina General Statutes and the rules
adopted by the Commission and the Secretary.
25. MANNER OF APPOINTING PERSONNEL
Pursuant to N.C.G.S. §122C-154, in a multi-county program,
employment of county program staff shall be as agreed upon by the
Parties. The Parties agree that the joint agency established under
this agreement shall appoint .the officers, agents, and employees
necessary to execute the undertaking. The jurisdiction, authority,
rights, privileges, and immunities (including coverage under the
workers' compensation laws) which the officers, agents, and employees
enjoy shall be enjoyed by them when they are acting pursuant to this
agreement and within the scope of their authority or the course of
their employment without regard to whether they are in .Orange, Person
or Chatham County.
26. POWERS AND FUNCTIONS TO BE EXERCISED BY THE LME TO
ACCOMPLISH THE UNDERTAKING
Consistent with the .availability of resources and the provision
of funding under this Agreement, the LME assumes responsibility and
authority sufficient to discharge its obligations under this
Agreement:
27. IMMUNITY FROM LIABILITY
The Parties acknowledge that each is immune from liability under
the doctrine of sovereign immunity and none waives its sovereign
immunity with regard- to the exercise of the Undertaking or authorizes
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the waiver of its sovereign immunity by the others or by the LME except •
to the .extent of the actual coverage of liability insurance obtained.
The Parties consent to the exercise of their sovereign immunity by the
LME with regard to the exercise of the Undertaking. The Parties agree
that the LME shall maintain liability insurance as follows: 1 million
dollars per incident, 3 million dollars in the aggregate.
28. MEDICAL RECORDS
During the term of this Agreement, medical records shall be
maintained by the LME. The LME shall insure compliance with all
medical records standards and paperwork requirements with regard to
the Undertaking and shall possess the medical records and maintain all
audit liability. The LME will ensure that staff are properly trained
and adhere to all applicable Federal and State standards with .regard
•
ntation and confidentiality.
to docume
29. TERMINATION OF THIS AGREEMENT
The Parties intend that the minimum• duration of this Agreement
shall be three years. If any Party determines that it desires to
terminate the Agreement following the initial three-year period, the
Party desiring to terminate its participation shall provide the other
Parties at least one hundred eighty (180) days notice of its intent to
terminate its participation in this Agreement. The Agreement may only
be terminated at the end of a fiscal year. In the event this
Agreement is terminated, the Parties agree- to participate in an
orderly transition of the Undertaking, and all functions and
responsibilities incident thereto, including a transition of clients
of the Undertaking. The Parties acknowledge that an orderly •
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transition of the Undertaking may take up to one year following notice
of termination. In no event shall any Party terminate this Agreement
without first assuring that continuity of services will be maintained.
This Agreement may not be terminated without first giving written
notice to the Secretary.
The Parties agree that upon termination of this Agreement, any
budgetary surplus available to the LME at the time of its dissolution
shall be distributed among the Parties on the same pro rata basis that
each Party appropriated and contributed funds to the LME budget during
the duration of this Agreement. Distribution to the Parties shall be
determined on the basis of an audit of the financial record of the
LME. The Governing Board shall select a certified public accountant
or an accountant who is subsequently certified by the Local Government
Commission to conduct the audit. The audit shall be performed in
accordance with N.C.G.S. §159-34. Any liabilities of the LME existing
at the time of the termination of this Agreement shall be paid from.
unobligated surplus funds available to the LME. If unobligated LME
surplus. funds are not sufficient to satisfy the total indebtedness of
the LME, then the remaining unsatisfied indebtedness shall be
apportioned on the same pro rata basis that the Parties appropriated
and contributed funds to the LME during the duration of this
Agreement.
30. AMENDING THE AGREEMENT
.Amendments to this Agreement shall be effective only when reduced
to writing, duly executed by the Parties and ratified by resolution of
the Board of Commissioners of each Party and spread upon its minutes.
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31. NOTICES
(a) All notices, demands or requests required to be given under
this Agreement must be given in writing as follows:
To:
Orange County:
c/o John M. Link, Jr.
Orange County Manager
P.O. Box 8181
Hillsborough, NC 27278
and to:
Person County:
c/o Steve D. Carpenter
Person County Manager
304 South Morgan Street
Room 212
Roxboro, NC 27573
and to:
Chatham County
c/o Charlie Horne
Chatham County Manager
12 East Street
P.O. Box 87
Pittsboro, NC 27312
(b) All- notices, demands and requests given shall be deemed
received when actually received if personally. delivered, telecopied,
emailed or by overnight courier for next day delivery or as indicated
upon the return receipt if deposited in the U.S. mail.
32. INVALIDITY
The invalidity or unenforceability of any provision of this
Agreement shall not affect any other provision and it shall be
construed as though the invalid or unenforceable- provision was
omitted.
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33. PROCEDURE FOR RESOLVING DISPUTES ~ `
•
If issues arise between the Parties regarding this Agreement or .
performance hereunder, the Parties agree to engage in a prelitigation
mediation prior to the filing of an action to interpret this Agreement
or enforce its terms.
34. WAIVER
A decision to delay or forego enforcement of any provision of
this Agreement by any of the Parties shall not constitute a waiver of
any rights under this Agreement.
35. ENTIRE AGREEMENT
This Agreement shall constitute the entire understanding between
the Parties and shall supersede all prior understandings and
agreements relating to the subject matter hereof and may be amended
only by written mutual agreement of the Parties.
36. HEADINGS
The subject headings of the paragraphs of this Agreement. are
included for purposes of convenience only and shall not affect the
construction or interpretation of any of its provisions. This
Agreement shall be deemed to have been drafted by the Parties and no
rules of interpretation shall be applied to the contrary.
37. GOVERNING LAW
This Agreement shall be governed by and in accordance .with the
laws of the State of North Carolina. All actions relating in any way
to this Agreement shall be brought in the General Court of Justice in
the Counties of Orange, Person or Chatham and in the State of North
Carolina.
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IN WITNESS WHEREOF,
instrument to be signed on
their respective names by
resolutions duly adopted by
of the Parties and spread u~
3~
the Parties hereto have caused this .
the day and year first above written, in
their proper officials by authority of
the Board of County Commissioners of each
on its minutes.
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• ACKNOWLEDGEMENT BY THE COUNTY OF ORANGE
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
I. a Notary Public for
County, certify that
personally came before me this
day and acknowledged that he/she is
and that by authority
duly given and as the act of the County, the foregoing .instrument was
signed in its name by its Chairman of the Board of County
Commissioners, sealed with its seal, and attested by himself/herself
as its Clerk to the Board.
Witness my hand and official seal, this the day of ,
200 .
(SEAL)
Notary Public
My commission expires:
I ~ This instrument has been pre-audited in the manner required by the
local government Budget and Fiscal Control Act.
(SEAL)
Finance Officer for Orange County
Date:
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ACKNOWLEDGEMENT BY THE COUNTY OF CHATHAM
STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
I~ a Notary Public for
County, certify that
personally came before me this
day and acknowledged that he/she is
and that by authority
duly given and as the act of the County, the foregoing instrument was
signed in its name by its Chairman of the Board of County
Commissioners, sealed with its seal, and attested by himself/herself
as its Clerk to the Board.
Witness my hand and official seal, this the day .of
200 .
Notary Public
My commission expires:
(SEAL)
•
This instrument has been pre-audited in the manner required by the
local government Budget and Fiscal Control Act.
(SEAL)
Finance Officer for Chatham County
Date:
11096\O1\LME Interlocal Agreement\004Ameadment to Znterlocal Cooperation Agreement
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