HomeMy WebLinkAboutResolutions - 1994.02.10 - 24073,rEPC FOREGOING RESOLUTION
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MISCELLANEOUS RESOLUTION #94021 FEBRUARY 10, 1994
BY: GENERAL GOVERNMENT COMMITTEE, DONALD W. JENSEN, CHAIRPERSON
IN RE: INSTITUTIONAL AND HUMAN SERVICES/ADMINISTRATION - CHILD
ABUSE AND NEGLECT COUNCIL, INC., CONTRACT FOR C.A.R.E.
HOUSE PROGRAM SERVICES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Child Abuse and Neglect Council, Inc. (CANCO), is
a not-for-profit corporation formed to coordinate the prevention of
child abuse in Oakland County; and
WHEREAS the C.A.R.E. House program is a collaborative effort
involving State, County and Local government and agencies aiding
child sexual abuse victims; and
WHEREAS the program's main objectives are to reduce trauma and
revictimization of sexually abused children during the
investigatory process while increasing the rate of prosecuting
offenders; and
WHEREAS C.A.R.E. House provides a unique environment in which
to facilitate these objectives; and
WHEREAS, in 1994, C.A.R.E. House is projected to serve 430
children at a cost of $135,500; and
WHEREAS the Child Abuse and Neglect Council, Inc., has
requested a contract with Oakland County to assist in the
continuation of C.A.R.E. House operations at a rate of $125 per
referral not to exceed a total of $45,000 for 1994.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves contracting with the Child Abuse and Neglect
Council, Inc., for C.A.R.E. House program services through the
Department of Institutional and Human Services, Administration.
BE IT FURTHER RESOLVED that the contract will be effective
March 1, 1994 through December 31, 1994 and paid on a quarterly
basis at a rate of $125 per referral, not to exceed a total of
$45,000.
Chairperson, on behalf of the General Government Committee, I
move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
• DATE:
TO:
FROM:
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ITRACT/PROGRAM -REVIEW REDO
TITLE/SUBJECT: 1994 CHILD ABUSE AND NEGLECT COUNCIL, INC. CONTRACT
FILE I:
CONTACT PERSON: . LYNDA C. FLYNN TELEPSONE #:
STATUI (Check appropriate box)
8587 1 0.3 7_
DEPT.: MANAGEMENT & BUDGET
If "other" is checked, please explain:
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RISK MANAGEMENT & SAFETY:
Approved j Disapproved* Modify* Date: Signature:
MALAGEMENT AND BUDGET:
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*When Disapproved is Noted or Modification is Requested, Attach Explanation
INSTITUTIONAL & HUMAN SERVICES
CONTRACT
COUNTY OF OAKLAND
DEPARTMENT OF MANAGEMENT AND BUDGET
Purchasing Division
Req. # PSC #
PROFESSIONAL SERVICES CONTRACT
THIS AGREEMENT, made this 1st day of March, 1994, between the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
hereinafter called "County", and THE CHILD ABUSE AND NEGLECT
COUNCIL, INC., hereinafter called "Contractor".
WITNESSETH:
For and in consideration of the mutual covenants and
agreements herein contained, it is agreed by and between the
parties hereto that the County shall retain Contractor as an
Independent Contractor, with the parties agreeing to the following
terms and conditions:
Scope of Work:
1. The Contractor shall process referrals of child sexual
assault allegation(s) and coordinate the interviews of said
claim(s) with Law Enforcement officials, the Prosecuting Attorney's
Office and Child Protective Services staff.
2. Nothing in this agreement alters, modifies, suspends,
minimizes or divests the powers, duties, jurisdictions, or lawful
obligation of any law enforcement official, prosecuting attorney,
child protective services agency or other governmental authority
relating to protection of children and/or the prevention,
detection, investigation, or prosecution of violations of the law.
3. The Contractor shall coordinate with the contract
administrator: Department of Institutional & Human Services
Administration.
NON-DISCRIMINATION
In connection with the performance of Work under this
contract, the Contractor agrees not to discriminate against any
employee or applicant for employment because of sex, race,
religion, color, national origin, or handicap. The aforesaid
provision shall include, but not be limited to the following:
recruitment or recruitment advertising; employment, upgrading,
demotion or transfer; layoff and selection for training, including
apprenticeship, in accordance with rules and regulations
promulgated by Federal (Compliance Responsibility for Equal
Employment Opportunity -- Chapter 60, 60-1, 4, No. 1-7) and State
(Standards and Procedures for Executive Directive 1975-6, Section
II-C, IV-C, and V-A&B) agencies and related Federal and State laws
and regulations.
The County agrees that it will:
1. Pay to the Contractor the sum of $125.00 per referral
during the term of this contract. The annual expenditure against
this contract shall not exceed $45,000.00. The County reserves the
right to make partial payments on account of the amount due the
Contractor as the work progresses. The Contractor shall submit to
the Contract Administrator, an invoice for payment for the work
performed during the preceding quarter. The County shall have no
obligation to make payment until a proper invoice of service is
submitted.
2. The County has the right, as its option, to terminate
this agreement, upon thirty days written notice, in the event the
Contractor defaults in the performance of the agreement, or
breaches any term of this agreement. The County's obligation in
the event of termination is for payment for actual services
rendered until the Contractor is notified of termination, or for
services actually rendered during the period of notice after notice
is served. In the event of termination, the County is not
obligated for payment for the duration of the term of the agreement
unless such term is less than 30 days at the time notice of
termination is given.
3. The Contractor has the right, as its option, to terminate
this agreement by giving written notice to the County in the event
the County defaults in the performance of the agreement, or
breaches any term of this agreement. A default in performance
and/or breach of this agreement shall include, but is not limited
to the following: (i) failure to cure a default in payment within
30 days after Contractor provided written notification of default.
IT IS MUTUALLY AGREED AND UNDERSTOOD:
1. The Contractor has represented to the County the
following facts as an inducement to enter into this agreement and
declares such statements to be true:
- Contractor warrants that all services performed
hereunder will be performed in a manner that
complies with all statutes, regulations,
ordinances, professional standards applicable to
the services provided;
- The Contractor pays, and will continue to pay, its
own local, state and federal taxes, including
without limitation, social security taxes, and
unemployment compensation taxes, and will file its
own annual and/or quarterly tax returns with the
proper federal, state and local authorities;
- The Contractor will provide and maintain its own
worker's compensation insurance, general liability
insurance, automobile insurance and medical
malpractice insurance as may be needed;
- The Contractor maintains and will continue to
maintain all applicable business and professional
licenses necessary to provide the services
contracted for;
That Contractor maintains a business office at the
address listed above;
- That the Contractor will not seek employment as an
employee of the County during the term of the
contract;
- That the Contractor has undertaken a significant
investment in its business and in the good will of
its enterprise;
- That nothing in this agreement is intended to
establish an employer-employee relationship with
the County.
2. That the Contractor's relationship to the County is that
of an Independent Contractor. This Contract shall not cause the
County to be liable for, or Contractor to accrue, benefits such as,
but not limited to, Worker's Compensation, retirement, pension,
vacation pay, sick pay, merit increases, annual leave
days, promotion, disability pay, insurance of any kind, or any
other rights or liabilities arising out of a contract of hire or
employer-employee relationship.
3. The Contractor shall indemnify and hold the County
harmless from any and all actions, liabilities, claims, loss and
damage (including costs of litigation and actual attorney fees)
alleged to have been caused by, or to have arisen, directly or
indirectly, from the acts, performances, negligence, malpractice,
errors or omissions of the Contractor or the Contractor's
assistants, employees or agents, including without limitation, all
claims relating to injury or death of any person or damages to any
property.
4. Pursuant to the provision of Public Act 317 or 1968, as
amended (MCL 15.321, et seq.), no contracts shall be entered into
between the County including all agencies and departments thereof,
and any employee or officer of the County. To avoid any real or
perceived conflict or interest, the Contractor shall identify any
relative or relative of the Contractor's employees and
subcontractor who are presently employed by the County. Nothing
contained in this provision limits or is intended to limit in any
way the Contractor's right to offer and provide its services to the
general public or other business entities, municipalities or
governmental agencies, during or after the term of this agreement,
or from working for more than one firm, entity or agency during the
term of this agreement. The Contractor may provide services to
others during the periods when the Contractor is not engaged in
performing services for the County. This agreement is a non-
exclusive agreement, and the County may engage other independent
contractors to perform the same work which the Contractor performs.
5. This contract does not authorize any in-kind services
unless previously agreed by the County and specifically listed
herein.
6. The Contractor shall allow the County's Auditing division
to perform financial and compliance audits as appropriate with the
authority to access all pertinent records and interview any of the
Contractor's employees throughout the term of the Contract and for
a period of three years after final payment to ensure a complete
post-evaluation of services.
7. The Contractor is responsible for providing equipment and
supplies not otherwise provided by the County.
8. The Contractor shall have the right and duty to exercise
control and supervision over the immediate job site and work area
where the Contractor's services are rendered to the extent
necessary to accomplish the job specifications/services set forth
in this Agreement.
.•
9. In the event the Contractor is unable to perform the job
specifications/tasks as required under this Agreement at the time
(or for any period of time) in which performance is due, the
Contractor remains solely responsible for continued performance
which includes, but is not limited to, the retention of an
assistant to substitute for and complete the Contractor's services.
The Contractor must notify the contract administrator in the event
Contractor is unable to perform such services when due.
Any and all assistants employed by the Contractor are
employed at the Contractor's own expense (including taxes and
insurance) and the Contractor remains solely responsible for and
fully liable for the conduct and supervision of any assistant it
employs. Contractor warrants that any services performed by
Contractor's assistants shall fully comply with the terms of this
agreement and shall be of the same quality of service as Contractor
has customarily provided to the County. All assistants employed by
the Contractor shall be deemed employees of the Contractor and not
employees, agents or sub-contractors of the County.
10. The Contractor shall be responsible and liable for all
costs and expenses incident to the performance of services for the
County including, but not limited to professional dues, association
fees, license fees, fines and penalties. The County shall not be
liable for any expenses incurred by the Contractor in performing
services for the County.
11. While the Contractor retains the right to perform
services at any time, any services which require access to County
facilities may only be performed during the County's regular
business hours.
12. This Contract shall become effective on the day and date
first above written, and shall terminate on the 31st day of
December, 1994. The Contractor is not guaranteed any right or
preference to a continuation of this Contract. The County of
Oakland, however, reserves an option to extend the expiration of
this agreement, contingent upon consent of the Contractor, up to
two additional years.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the respective dates hereunder indicated.
COUNTY OF OAKLAND, a
Michigan Constitutional
Corporation
WITNESS Oakland County Purchasing
(Date)
Contract Administrator
(Date)
WITNESS Individual Contractor
(Federal Tax I.D./S.S.
(Date)
Chairperson, Board of County Executive
Commissioners
(Date) (Date)
Rev. 10/93
February 10, 1994
FISCAL NOTE (#94 021)
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: INSTITUTIONAL AND HUMAN SERVICES/ADMINISTRATION - CHILD
ABUSE AND NEGLECT COUNCIL, INC., CONTRACT FOR C.A.R.E. HOUSE
PROGRAM SERVICES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #94021 and finds:
1. The Child Abuse and Neglect Council, Inc. (CANCO), is a not-
for-profit corporation formed to coordinate the prevention of
child abuse in Oakland County.
2. CANCO has requested a professional services contract with
Oakland County to assist in the continuation of its C.A.R.E.
House operations at a rate of $125 per referral not to exceed
a total of $45,000 for 1994.
3. The program services will be monitored through the Department
of Institutional and Human Services, Administration.
4. The contract will be effective March 1, 1994 through December
31, 1994.
5. The 1994 Adopted Budget be amended as follows:
General Fund
909-01-00-3755 Revenue Sharing Loss ($45,000)
161-01-00-xxxx Child Abuse & Neglect Council 45,000
$ -0 -
FINANCE COMMITTEE
11/
Resolution #94021 February 10, 1994
Moved by Jensen supported by Kaczmar the resolution be adopted.
AYES: Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf,
Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Nuntoon, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, Miltner, Moffitt. (24)
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, 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 February 10, 1994 with the original
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 10th day 9f_Febri4zy_1994.
Lypfi D. Allen, County Clerk