HomeMy WebLinkAboutResolutions - 1982.08.05 - 13891August 5, 1982
Miscellaneous Resolution # 82221
BY: Health & Human Resources Committee----Marilynn E. Gosling, Chairperson
IN RE: FUNDING FOR THE "HAVEN, INCORPORATED"
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies, and Gentlemen:
WHEREAS Public Act 4 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, Incorporated, formerly known as the YWCA of
Pontiac—North Oakland Domestic Violence Shelter, 269 West Huron Street,
Pontiac, Michigan 48053, offers unique and necessary services in compliance
with the mandate of the Act; and
WHEREAS the Haven has requested that the Circuit Court provide fund-
ing for the payment of salaries for Haven employees in the total amount of
$24,025,92 for a period beginning June 1, 1982, and ending September 30, 1982,
as set forth in Attachment A; and
WHEREAS the Sixth Judicial Circuit Court has reviewed the Haven's
request and has authorized the expenditure of funds in the amount stated
as set forth in the Resolution of the Court dated June 8, 1982, and attached
hereto; and
WHEREAS this Commission has appropriated funds for Family Counseling
Services as part of the 1982 budget; and
WHEREAS the Health and Human Resources Committee has reviewed the
proposal submitted by the Haven and recommends the expenditure of $24,025.92.
HEALTH,YHUMAN RESCTORCES COMM-ITTEE
I HER AY APPROVE THE FORT-GOING RESOLUTION
4 r,
aTlet T. n.
Page 2
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the expenditure of $24,025.92 out of the Family
Counseling Services Miscellaneous Line Item for the purposes set forth in
Attachment A for a period beginning June 1, 1982, and ending September
30, 1982.
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners is hereby authorized to enter into a contract with the Haven
on behalf of the County of Oakland in order to carry out the purposes of
this resolution.
Mr. Chairperson, on behalf of the Health and Human Resources
Committee, I move the adoption of the foregoing resolution.
,
ATTACHMENT "A"
Monthly Salary Detail 7 HAVEN
Program Director
Salary Monthly
Fringes Monthly
Womens Coordinator
Salary Monthly
Fringes Monthly
Childcare Coordinator
Salary Monthly
Fringes Monthly
Volunteer Coordinator
Salary Monthly
Fringes Monthly
Client Advocate
Salary Monthly
Fringes Monthly
1,191.66
247.82
833.32
139.29
863.16
142.37
916.66
147.90
916.66
147.90
Resource Specialist
Salary Monthly 416.66
Fringes 43.08
Total Salaries Per Month
Total Fringes Per Month
Total Salaries/Fringes Per Month
5,138.12
868.36
$6,006.48
Total Amount Requested $24,025.92
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND
ADMINISTRATIVE RESOLUTION RE:
Funding for The Haven
Present the Honorables:
STEVEN N. ANDREWS,
Chief Judge
FREDERICK C. ZIEM,
JAMES S. THORBURN,
ROBERT L. TEMPLIN,
RICHARD D. KUHN,
JOHN N. O'BRIEN,
ALICE L. GILBERT,
FRANCIS X. O'BRIEN,
HILDA R. GAGE,
GENE SCHNELZ,
GEORGE LA PLATA,
ROBERT C. ANDERSON,
DAVID F. BRECK, and
FRED M. MESTER,
Circuit Judges
At a session of said Court, held in the
Courthouse, in the City of Pontiac, County
of Oakland, State of Michigan, on the 8th
day of June, 1982
WHEREAS, pursuant to PA 4 of the Public Acts of 1980,
being MCLA 551.331 at seq., the Sixth Judicial Circuit Court
finds that funds are available for the uses set forth in the
Act.
WHEREAS, the Board of Commissioners' Ad Hoc Committee
on Family Counseling has met and considered a request for funds
from The Haven, a domestic violence shelter for abused spouses
located in the YWCA of Pontiac-North Oakland, 269 W. Huron
Street, Pontiac, Michigan 48053, and
WHEREAS; the Ad Hoc Committee has recommended to the
Sixth Judicial Circuit Court that the request for funding of
The Haven be granted for the period beginning June 1, 1982, and
ending September 30, 1982, in the amount of $24,025.92, and
WHEREAS, The Sixth Judicial Circuit Court has duly
considered the recommendation of the Ad Hoc Committee On Family
Counseling, and
NOW THEREFORE,
BE IT RESOLVED that the Sixth Judicial Circuit Court
authorizes the expenditure of $24,025.92 out of the Marriage
Counseling Fund created pursuant to MCLA 551.103(2) for
The Haven, a domestic violence shelter for abused spouses
located in the YWCA of Pontiac-North Oakland, 269 W. Huron
Street, Pontiac, Michigan 48053, according to the terms and
conditions to be established by contract between the County of
Oakland and the YWCA of Pontiac-North Oakland. Said contract
shall be for a term beginning June 1, 1982, and ending
September 30, 1982. -
BE IT FURTHER RESOLVED that this resolution be
forwarded to the Oakland Coun r Board of Commissioners for
appropriate action.
_
STEVEN N. ADREWS
Chief Judge'
OAKLAND COUNTY BOARD OF COMMISSIONERS
1200 NORTH TELEGRAPH ROAD - PONTIAC, MICHIGAN 48053 - (313) 858-0100
November 2, 1982
Becky:
Please attach this original agreement to Misc. Res ff82221, which was
adapted August 5, 1982.
Thanks.
AGREEMENT
between
COUNTY OF OAKLAND
and
HAVEN, INCORPORATED
This AGREEMENT, effective the 1st day of June 1932, and ending the 30th
day of September 1982, is by and between the COUNTY OF OAKLAND, a
Michigan Constitutional Corporation, hereinafter called the "County", and
the HAVEN, INCORPORATED, a private non-profit organization, formerly
known as the YWCA of Pontiac--North Oakland Domestic Violence Shelter,
hereinafter called the "Haven".
WITNESSETH
WHEREAS the Sixth Judicial Circuit Court has established a Family Counseling
Service pursuant to Section 3 of Public Act 4 of 1980; and
WHEREAS the Court, through its Board of Commissioners, is desirous of
purchasing services from the Haven, and the Haven desires to provide services
in accordance with the terms and conditions of this Agreement; and
WHEREAS Debi Cain has lawful authority to bind the Haven 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 agree as
follows:
GENERAL PROVISIONS
A. Review and Monitoring Reports
The Haven shall comply with all program and fiscal review reporting
procedures as are or may hereinafter be established by the County.
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The Haven 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
reports as deemed necessary by the County shall be made and sub-
mitted by the Haven upon request.
The Haven 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 Haven 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 Haven shall retain all
books, records, or other documents relevant to this Agreement for
six years after final payment, at its 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 recom-
mendations of audits to the Haven. The County shall adjust future
payments or final payment if the findings of an audit indicate over
or under payment to the Haven in the period prior to the audit. If
no payments are due and owing the Haven, the Haven shall im-
mediately refund all amounts which may be due to the County. The
Haven shall assure, as a condition of any sale or transfer of ownership
of the Haven agency, that the new purchasers or owner maintains
the above described books, records, or other documents for any
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unexpired portion of the six-year period after final payment under
this Agreement or the Haven shall otherwise maintain these records
as the County may direct. The Haven shall, if it ceases business
operations, maintain the records as the County may direct.
C. Insurance Coverages
The Haven shall provide and maintain public liability insurance in
such amounts as are necessary to cover all claims which may arise
out of the Haven'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.
D. Liability
The Haven shall indemnify, save, and hold harmless the County
against any and all expense and liability of any kind which the
County 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, in the event the Haven
becomes involved in or is threatened with litigation, the Haven 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 Haven shall not discriminate against any employee or applicant
for employment with respect to hire, tenure, terms, conditions, or
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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. The Haven 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
or otherwise qualified handicapped individual shalt, solely by
reason of his handicap, be excluded from participation, be denied
the benefits of or be subjected to discrimination under any program
or activity receiving federal financial assistance. Further, the Haven
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.
G. Subcontracts
The Haven shall not assign this Agreement or enter into subcontracts
to this Agreement with additional parties without obtaining prior
written approval of the County. The County, as a condition of
granting such approval, shall require that the assignees or sub-
contractors shall be subject to all conditions and provisions of this
Agreement. The Haven shall be responsible for the performance of
all assignees or subcontractors.
4
H. Cancellation of Agreement
The County reserves the right to cancel this Agreement by giving
thirty days notice to the Haven. The Haven may terminate this
Agreement upon thirty days written notice to the County at any
time prior to the completion of the Agreement period.
Closeout
When this Agreement is concluded or terminated, the Haven 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
Haven for allowable reimbursable costs not covered by previous pay-
ments. The Haven shall immediately refund to the County any
payments or funds advanced to the Haven 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 ongoing responsibilities
of the Haven or rights of the County contained in Section 1, Para-
graph B and Section 1, Paragraph 1 of this Agreement.
K. Disputes
The Haven 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 Haven for breach of this Agreement
prior to the expiration of ninety days from the date of such notifica-
tion. Within this ninety-day period, the Haven, at the request of
5
the County, must meet with the Board of Commissioners Chairperson
for the purpose of attempting resolution of the dispute.
• Agreement Inclusiveness/Amendment
This Agreement contains all the terms and conditions agreed 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 Haven shall, upon request by
the County and receipt of a proposed amendment, amend this Agree-
ment, if and when required in the opinion of the County, due to
revision of Federal or State laws or regulations. If the Haven
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 Haven shall submit to the County all information requested by
the County that discloses names of persons with an ownership or
control interest in the Haven, past business transactions, and
certain other disclosing entities as required in 145 CFR 228.72
(July 17, 1979). Further, the Haven shall disclose whether any
persons with an ownership or control interest in the Haven 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
Haven does not comply with these requirements.
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II. CONTRACTOR RESPONSIBILITIES
A. Geographic Area
The Haven shall provide services described herein in the following
geographic area: Oakland County.
13. Location of Facilities
The Haven shall provide services described herein in the facilities
located at: 269 West Huron, Pontiac, Michigan 118053.
C. Eligible Clients/Determination of Eligibility
The Haven 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 his or 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 minor child by
his/her parent, guardian, or custodian.
The Haven 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 Haven shall provide:
1) Individual counseling to clients by primary staff for
residents and nonresidents.
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2) Group counseling to clients by primary staff for residents
and nonresidents.
3) Crisis phone staffed 24 hours per day by staff or
volunteers to provide 24 hour crisis intervention ser-
vices.
Client population shall include:
1) Walk-in (nonresident) 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 Haven shall provide child care in the following ways:
1) Group and individual activities for resident Haven
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".
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E. Client Records
For each eligible client served under this Agreement, the Haven shall
maintain client case records consisting of:
Date of contact with client
Problem indentification
Methods of service delivery
Significant contacts with client and significant events
Other material as may be specified by the Court
F. Service Documentation
The Haven agrees to maintain program records required by the
County, program statistical records required by the County, and to
produce program: narrative and statistical data at times prescribed
by and on forms furnished by the County.
G. Fiscal Requirements
The Haven shall install and maintain an accounting system to identify
and support all expenditures billed to the Sixth Judicial Circuit Court
under this Agreement. The accounting system must record all income
and expenses for the Haven's total program of which services provided
under this Agreement are a part. The accounting system, as a minimum,
shall consist of a chart of accounts, cash receipts journal, cash dis-
bursements journal, and general ledger. All expenditures and income
must be supported by vouchers and receipts that detail the reason for
the transaction.
The Haven shall maintain, within the accounting system, salary and
fringe benefits accounts that break out positions, hospitalization,
9
retirement, workmen's compensation, and other fringe benefits. The
Haven shall establish and maintain payroll records for all employees.
The Haven, in establishing and allocating salary and wages for
employees, shall support these charges by electing to establish
either:
1) 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 excep-
tion 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 system).
Billing Procedure
The Haven shall submit to the County one request for payment of
the entire contract amount detailing amounts allocated for salaries and
fringe benefits by position. The Haven shall indicate for each such
position those amounts actually expended at the time of billing and
the remaining amounts budgeted to be expended during the balance
of the contract period.
Within thirty days after the expiration of the contract period, the
Haven shall submit its final request for payment detailing the ex-
penditure of all funds provided by the County under this contract.
Billings for the contract period shall not exceed $24,025.92 as set
forth in the attached budget request and made a part hereof by
•0
Michigan, this 5th day of
August , 19 82 By:
Richard R. Wilcox
Chairperson
Dated at Pontiac Haven, Incorporated
Pontiac Dated at Oakland County Board of Commissioners
Witness:
Michigan, this
August
_ day of
, 19 82
By:Debi Cain , Director
5th
Witness:
reference as Exhibit A and as authorized by Miscellaneous Resolution
4 82221 of the Oakland County Board of Commissioners on
August 5, 1982
IN WITNESS WHEREOF, the County and the Haven have caused this Agreement
to be executed by their respective officers duly authorized to do so.
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ATTACHMENT "A"
Monthly Salary Detail - HAVEN
Program Director
Salary Monthly
Fringes Monthly
Womens Coordinator
Salary Monthly
Fringes Monthly
Childcare Coordinator
Salary Monthly
Fringes Monthly
Volunteer Coordinator
Salary Monthly
Fringes Monthly
Client Advocate
'Salary Monthly
Fringes Monthly
1,191.66
247.82
833.32
139.29
863.16
142.37
916.66
147.90
916.66
147.90
Resource Specialist
Salary Monthly 416.66
Fringes 43.08
Total Salaries Per Month
Total Fringes Per Month
Total Salaries/Fringes Per Month
5,138.12
868.36
$6,006.48
Total Amount Requested $24,025.92
#82221 r
this 5thday of Augus 1c182
ALLEN
Couni Clerk/Register of Deeds
Moved by Gosling supported by Fortino the resolution be adopted,
AYES: McDonald, Moffitt, Montante, Moore, Olsen, Patterson, Perinoff, Pernick,
Peterson, Price, Whitlock, Wilcox, Aaron, Cagney, Calandra, DiGiovanni, Doyon, Fortino,
Gosling, Hobart, Lanni. (21)
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 OakT?nd and having a seal,
do hereby certify that have compared the annexed copy of
Miscellaneous Resolution #82221 adopted by the Oakland County Board of Commssioners
at their meeting held on August 5,1982
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan