HomeMy WebLinkAboutResolutions - 1983.08.04 - 11425Miscellaneous Resolution 83220 August 4, 1983
BY: HEALTH & HUMAN RESOURCES COMMITTEE-Marilynn E. Gosling,Chairperson
RE: FUNDING FOR DOMESTIC VIOLENCE SHELTER
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, Public Act 16 of the Public Acts of 1980, being MCLA 551.331
et seq., and known as the Family Counseling Services Act, was enacted to establish
family counseling services; and
WHEREAS, the Sixth Judicial Circuit Court has established by a judicial
resolution dated February 8, 1980, that the Circuit Court is involved in providing
family counseling services to families undergoing the divorce process; and
WHEREAS, MCLA 551.331 et seq. details the services to be provided by
Circuit Court pursuant to the Act; and
WHEREAS, MCLA 551. 332 ( 1) provides that "family counseling services . . .
shall include domestic violence and child abuse. . . ; and
WHEREAS, the HAVEN, 92 Whittemore Street, Pontiac, Michigan 48053
(hereinafter referred to as the "Shelter") offers unique and necessary services
in compliance with the mandate of the Act; and
WHEREAS, the Shelter has requested that the Circuit Court provide
funding for the operational expenses for the Shelter for a period beginning
July 1, 1983, and ending December 31, 1983. Line item detail is set forth in
Attachment A; and
WHEREAS, the Sixth Judicial Circuit Court has reviewed the Shelter's
request and has authorized the expenditure of funds in the amount of $42,000
as set forth in the resolution of the Court dated July 5, 1983, and attached
hereto; and
WHEREAS, there are sufficient funds available in the Family Counseling
Fund, these funds having been collected pursuant to Public Act 4 of the Public
Acts of 1980, being MCLA 551.103; and
WHEREAS, Family Counseling funds must be spent for the purposes set
forth in the Family Counseling Services Act referred to above; and
WHEREAS, the Health & Human Resources Committee has reviewed the
proposal submitted by the Shelter and recommends the expenditure of $42,000.
Funding for Domestic Violence Shelter
Page #2
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the expenditure of $42,000 out of the Family Counseling
Fund for the purposes set forth in Attachment A for a period beginning
July 1, 1983, and ending December 31, 1983.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County
Board of Commissioners is hereby authorized to enter into a contract with the
Shelter on behalf of the County of Oakland in order to carry out the purposes
of this resolution.
Mr. Chairperson, on behalf of the Health & Human Resources Committee,
I move the adoption of the foregoing resolution.
HEALTH & HUMAN RESOURCES COMMITTEE
OTATE OF MICHIGAN
IN THE CIR:u7T COURT FOR
DMINISTRATIVE RESOLUTION RE:
Funding for the Haven
F PAKLAND
Present the 1-1c-7_)1;
STEVEN N. ANDL
Chief Judge
FREDERICK
JAnES S. TT7U3UN
ROBERT L.'2,-12LI1',
RICHARD D. 1J.7N,
JOHN N. 0 1 )3,
ALICE L.
FTNOIS )(
HTL.7 R. GAGE,
'3CHNELZ,
GIDRG7f, LA PLATA,
ROBERT C.
DAVID 7. 727I.;c:, and
FRED %.
Circuit
At a session of said Court, held in the
Courthouse, in the City of Pontiac, County
of Oakland, State of Michigan, on the 5th
day of July, 1983.
WHEREAS, Public Act 16 of the Public Acts of 1980
MCLA 551.331 et seq., and known as the Family Counseling Services
Act, was enacted to establish family counseling services; and
WHEREAS, the Sixth Judicial Circuit Court has
stablished by a dicial resolution dated February 8, 1980, thaL
he Circuit Court is involved in providing family counseling
services to families undergoing the divorce process; and
WHEREAS, there are sufficient funds 7.vailable in the
Family Counseling Fund, these funds having be collected pursuant
to Public Act 4 of the Public Acts of 1980, being MCLA 551.103; ar
WHEREAS, Family Counselin7 funds must be spent for the
flpurposes set forth in the Family Counseling Services Act referred
to above; and
WHEREAS, the HAVEN, 92 Whittemore Street, Pontiac,
Michigan has requested that the Sixth Judicial Circuit Court
provide funds for its operational expenses for a period beginic,,
July 1, 1983, ending December 31, 1983; and
WHEREAS, the Sixth Judicial Circuit Court finds tL— th
HAVEN provides unique and necessary services to the citizem., Df
Oakland County in accordance with the ruirements of Public
Act 16 of the Public Acts of 1980, to wit:
"For the purpose of preserving and
family life through competent famil
the Oakland County Board of Commissioners for appropriate
on.
STEVEN /'ANDREWS
CHIETTJOGE
jay counselin,;
domestic violenc
Sec. 2(1)
es which shall include
ild abuse are cca.
WHEREAS, the Sixth Judicial Circuit Court has duly
considered the need for Family Counseling services of the type
offered by the HAVEN.
NOW THEREFORE,
BE IT RESOLVED that the Sixth Judicial Circuit Court
authorizes the expenditure of $42,000 out of the Family Couns:21inc
Fund created pursuant to Public Act 4 of the Public Acts of 1:'J
being MCLA 551.103(2) for the HAVEN, a domestic violence shelter
for abused spouses located at 92 Whittemore Street, Pontiac,
Michigan 48053, according to the terms and conditions to be
Hestablished by contract between the County of Oakland and the
HAVEN. Said contract shall be for a term beginning July 1, 19S3,
Hand ending December 31, 1983.
BE IT FURTHER RESCLWD that this resolution be forw
Fringes $ 2,451
Attachment A
FibERLE.124glaa-rt July 1, 1983 to E 12 31
Salaries $39,000
Counselor (1) .$9,000
Children's Counselor (11/4) $9,000
Resident Crdi.nator-Day $6,000
Resident Coordinator-Night $6,000
Director $9,000
Uncx1cyment Insurance at 2.5% $975
5 Compensation at .43% $168
Health Insurance 1,476
Total Plquest =$41,451
AGREEMENT
between
COUNTY OF OAKLAND
and
THE HAVEN
This agreement, effective the 1st day of July, 1983, and ending
the 31st day of December, 1983, is between the County of Oakland,
having a . mailing address of 1200 N. Telegraph Road, Pontiac,
Michigan 48053 (hereinafter referred to as the "County"), and
the HAVEN, a private, non-profit organization, having a mailing
address of 92 Whittemore Street, Pontiac, Michigan 48058
(hereinafter referred to as the "Contractor").
WITNESSETH
WHEREAS, the Sixth Judicial Circuit Court has established a Family
Counseling Service pursuant to Public Act 16 of the Public Acts of
1980, and
WHEREAS, the Sixth Judicial Circuit Court has authorized the County
of Oakland to contract with the HAVEN to provide domestic violence
and child abuse counseling services pursuant to Public Act 16 of
the Public Acts of 1980, and a resolution of the Court dated July 5,
1983, and
WHF7T7'.S, the County is desirous of purchasing services from the
Contractor, and the Contractor desires to provide services in
accordance with the terms and conditions of this Agreement; and
WHEREAS, Debi Cain has lawful authority to bind the Contractor to
the terms set forth in this Agreement.
-NOW, THEREFORE, in consideration of the above, and in consideration
of the promises and mutual covenants hereinafter contained, the
parties hereto agree as follows:
1. GENERAL PROVISIONS
A. Review and Monitoring Reports
The Contractor shall comply with all program and fiscal review
reporting procedures as are or may hereinafter be estab
by the Court. The Contractor shall also comply with all
reporting procedures established-by the County in completion
of monitoring and progress reports at time intervals and on
forms specified by the County. Any additional report's as
deemed necessary by the County shall be made and submitted
by the Contractor upon request.
The Contractor shall report to the County a record of all
salaries and fringe benefits paid, and provide receipts for
other expenses to support the expenditure of funds as
requested from the County.
B. Examination and Maintenance of Records
The Contractor shall permit the County or any of its identified
agents access to the facilities being utilized at any reasonable
time to observe the operation of the program. Further, the
Contractor shall retain all books, records or other doctimenLs
relevant to this Agreement for six years after final payment,
at his cost, and any persons duly authorized by the County
shall have full access to and the right to examine and audit
any of these materials during this period. If an audit is
initiated prior to the expiration of the six-year period, and
extends past that period, all documents shall be maintained
until the audit is completed. The County shall provide
findings and recommendations of audits to the Contractor.
The County shall adjust . future payments or final payment if
the findings of an audit indicate over or under payment to
. the Contractor in the period prior to the audit. If no
payments are due and owing the Contractor, the Contractor
shall immediately refund all amounts which may be due to
the County. The Contractor shall assure, as a condition of
any sale or transfer of ownership of the Contractor agency,
that the new purchasers or owner maintains the above described
books, records or other documents for any unexpired portion of
the six-year period after final payment under this Agreement
or the Contractor shall otherwise maintain these records as
the County may direct. The Contractor shall, if he ceases
business operations, maintain the records as the County may
direct.
C. Insurance Coverages
The Contractor shall provide and maintain public liability
insurance in such amounts as are necessary to cover all
claims which may arise out of the Contractor's operations
under the terms of the Agreement and provide proof of such
insurance, coverage to the County prior to the effective date
of this Agreement. Unemployment compensation coverage, and
workmen's compensation insurance shall be maintained in
accordance with applicable Federal and State law and
, regulations.
The
D. Liability
The Contractor shall indemnify, save and hold harmless the
Court and the County against any and all expense and
liability of any kind which the County or the Court may
:sustain, incur or be required to pay arising out of this
. Agreement; provided, however, that the provisions of this
paragraph shall not apply to liabilities or expenses caused
by or resulting from the willful or negligent acts or
omissions of the County or any of its employees. Further.,
the event the Contractor becomes involved in or is
threatened with litigation the Contractor shall immediately
notify the County and the County may enter into the
litigation to protect the interests of the County as they
may appear.
E. Compliance with Civil Rights, Other Laws
The Contractor shall not discriminate against any employee
or applicant for employment with respect to hire, tenure,
terms, conditions or privileges of employment, or a matter
directly or indirectly related to employment, because of
race, color, religion, national origin, age, sex, height,
weight, or marital status pursuant to 1976 P.A. 453 Section 209.
itractor shall also comply with the provisions of the
Michigan Handicappers Civil Rights Act, 1976 P.A. 220 and
Section 504 of the Federal Rehabilitation Act of 1973, P.L.
93-112, 87 Stat. 394, which states that no employee or client
otherwise qualified handicapped individual shall, solely
by reason of his handicap be excluded from participation, be
denied the benefits of or be subjected to discrimination
1 1'
under any program or activity receiving federal financial
assistance. Further, the Contractor shall comply with all
other federal, state or local laws, regulations and standards,
and any amendments thereto, as they may apply to the
" performance of this Agreement.
F. Confidentiality
The use or disclosure of information concerning services
applicants or recipients obtained in connection with the
Performance of this Agreement shall be restricted to purposes
directly connected with the administration of the programs
implemented by this Agreement as required by 45 CFR 205.50
and any amendments thereto.
Subcontracts
The Contractor shall not assign this Agreement or enter into
subcontracts to this Agreement with additional parties without
obtaining prior written approval of the Court and the County.
The Court and the County as a condition of granting such
approval, shall require that the assignees or subcontractors
shall be subject to all conditions and provisions of this
Agreement. The Contractor shall be responsible for the
performance of all assignees or subcontractors.
H. Cancellation of Agreement
The County reserves the right to cancel this Agreement by
giving thirty days notice to the Contractor. The 'Contractor
may terminate this Agreement upon thirty days written notice
to the County at any time prior to the completion of the
Agreement period.
.
I. Closeout
When this Agreement is concluded or terminated the
Contractor shall provide the County, within thirty days
after conclusion or termination, with all financial,
performance and other reports required as a condition of the
Agreement. The County shall make payments to the Contractor
for allowable reimbursable costs not covered by previous
payments. The Contractor shall immediately refund to the
County any payments or funds advanced to the Contractor in
excess of allowable reimbursable expenditures.
J. Continuing Responsibilities
Termination, conclusion or cancellation of this Agreement
shall not be construed so as to terminate the on-going
responsibilities of the Contractor or rights of the County
contained in Section I, Paragraph B and Section I, Paragr- I
of this Agreement.
K. Disputes
The Contractor shall notify the County in writing of its
intent to pursue a claim against the County for breach of
any terms of this Agreement. No suit may be commenced by the
Contractor for breach of this Agreement prior to the
expiration of ninety days from the date of such notification.
Within this ninety day period, the Contractor, at the request
of the Court, must meet with the Chief Judge for the purpos
of attempting resolution of the dispute.
L. Agreement Inclusiveness/Amendment
This Agreement contains all the terms and conditions
upon by the parties. No other understanding, oral or
otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind any of the parties
hereto. The Contractor shall, upon request by the County
and receipt of a proposed amendment, amend this Agreement, if
and when required in the opinion of the County, due to
revision of Federal or State laws or regulations. If the
Contractor refuses to sign such an amendment within fifteen
days after receipt, this Agreement shall terminate upon such
a refusal. This Agreement may otherwise be amended only by
the written consent of all the parties hereto.
M. Disclosure of Information
The Contractor shall submit to the Court or the County all
information requested by the Court or the County that
discloses names of persons with an ownership or control
interest in the Contractor, past business transactions and
certain other disclosing entities as required in 45 CRF 228,72
(July 17, 1979). Further, the Contractor shall disclose
whether any persons with an ownership or control interest in
the Contractor have been convicted of a criminal offense
related to their involvement in any programs under Titles XVIII,
XIX, or XX of the Social Security Act since the inception of
these programs. The County may, at its option, immediately
terminate this Contract if the Contractor does not comply
with these requirements.
II. CONTRACTOR RESPONSIBILITIES
• A. Geographic Area
The Contractor shall provide services described herein in
the following geographic area: Oakland County
B. Location of Facilities
The Contractor shall provide services described herein in
the facilities located at: 92 Whittemore Street, Pontiac,
Michigan 48058 .
Eligible Clients/Determination of Eligibility
The Contractor shall provide services to clients and their
dependent children who are victims of domestic violence, as
set forth in Act 389 of P.A. 1978.
"Domestic Violence" means a violent physical attack or fear
of violent physical attack perpetrated by an assailant
against a victim, in which the victim is a person assaulted
or threatened by hisor her spouse or former spouse, or an
adult person or emancipated minor assaulted by an adult
person of the opposite sex with whom the assaulted person
cohabited; or physical, emotional or sexual abuse of a
child by his/her parent, guardian or custodian.
The Contractor shall determine eligibility based on the client's
declaration of circumstance, or referral by the Court.
D. Services to be Delivered
CRISIS SUPPORT COUNSELING
1. Activities to be Performed:
a. The Contractor shall provide:
1) Individual counseling to clients by primary staff
for residents and non-residents.
2) Group counseling to clients by primary staff for
residents and non-residents.
3) Crisis phone staffed 24 hours per day by staff or
volunteers to provide 24 hour crisis intervention
services.
Client population shall include:
1) Walk-in (non-resident) clients.
2) Resident clients.
3) Follow-up or former resident clients.
Referrals shall be made to appropriate community
agencies for long-term counseling if needed.
b. Record-keeping shall be maintained by staff as recorded
on the "Client Session Form" and "Action Plan Record".
2, Time Frames:
Staff shall provide a minimum of 30 minutes per session
of crisis support counseling.
CHILD CARE SERVICES
1. Activities to be Performed:
a The Contractor shall provide child care in the
following ways:
I) Group and individual activities for resident
Shelter children.
2) Group and individual activities for follow-up
children.
3) Children's Action Plan process with mother on
schooling, parenting, disciplining, etc. as
requested by client.
4) Referrals to community agencies providing long-
term counseling and child care for children as
needed.
b. Record of this service provision will be maintained
on the "Client Session Form" and "Action Plan Record".
E. Client Records
For each eligible client served under this Agreement, the
Contractor shall maintain client case records consisting of:
Date of contact with client
Problem identification
Methods of service delivery
Significant contacts with client and significant events
Other material as may be specified by the Court
F. Service Documentation
The Contractor agrees to maintain program records required by
the Court or the County program statistical records required
by the Court or the County and to produce program narrative
and statistical data at times prescribed by the Court or the
County.
G. Fiscal Requirements
The Contractor shall install and maintain an accounting system
to identify and support all expenditures billed to the Court
under this Agreement. The accounting system must record all
income and expenses for the Contractor's total program of
which- services provided under this Agreement are a part. The
accounting system at a minimum, shall consist of a chart of
accounts, cash receipts journal, cash disbursements journal,
and general ledger. All expenditures and income must be
supported by vouchers and receipts that detail the reason
for the transaction.
The Contractor shall maintain, within the accounting syntc ,r-
salary and fringe benefits accounts that break out positions,
hospitalization, retirement, workmen's compensation and other
fringe benefits. The Contractor shall establish and maintain
Payroll records for all employees. The Contractor, in
establishing and allocating salary and wages for emplci-,
shall support these charges by electing to establish eifl,er:
An adequate appointment and workload distribution system,
accompanied by monthly reviews showing the actual changes
in the workload distribution of each employee (i.e., an
exception reporting system); or,
2) A monthly after-the-fact certification system which requires
persons in supervisory positions having first-hand
knowledge of the services performed to report the
distribution of effort (i.e., a positive reporting sys
T. Billing Procedure
The Contractor shall submit to the County one request for
1)
payment c the entire contract amount detailing amounts
allocated for salaries and fringe benefits by position- The
Contractor shall indicate for each such position those amounts
actually expended at the time of billing and the re- ling
amounts budgeted to be expended during the balance of the
contract period.
Within thirty days after the expiration of the contract
period, the contractor shall submit its final request for
payment detailing the expenditure of all funds provided by
the County under this contract.
Billings for the contract period shall not exceed $42,000.00
as set forth in the attached budget request, and made a pDrt
hereof by reference as Exhibit A, and as authorized by
Miscellaneous Resolution of the Oakland County Board
of Commissloners on
IN WITNESS 17=0F, the County and Contractor have caused this
Agreement to be executed by their respective officers duly
authorized to do so.
Dated at , Michigan The HAVEN
(Contractor)
this day of , 19 By:
Witness:
Dated , Michigan
By: _
Richard R. Wilcox
Chairperson
This day of , 19
Oakland County Circuit Court
Witness:
By:
Joan E. Young
Director of Family
Counseling Services/
Circuit Court Administrator
Debi Cain
Oalc
CO7
Oakland County Board of
Commissioners
#83220 August 4, 1983
Moved by Gosling supported by Rewold the resolution be adopted.
• Moved by Calandro supported by Caddell that since the request from "The Haven"
was for $41,451, the resolution be amended to that figure.
Discussicin followed.
A sufficient majority not having voted therefor, the amendment failed.
Discussion followed.
Vote on resolution:
AYES: Rewold, Wilcox, Aaron, Caddell, Calandro, Doyon, Fortino, Geary, Gosling,
Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt,
Nelson, Olsen, Page, Perinoff, Pernick, Price. (25)
• NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution # 83220 adopted by the Oakland County Board of Commissioners
at their meeting held on August 4 ,Jg8 -
with the original record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
4th day of August 198 3
4)-
LYNN Di ALLEN, County Clerk/Register of D.
Deputy Clerk
this