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HomeMy WebLinkAboutResolutions - 2010.11.03 - 10261November 3, 2010 MISCELLANEOUS RESOLUTION # 10287 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT -2011 ACCESS AND VISITATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson. Ladies and Gentlemen: WHEREAS the State Court Administrative Office (SCAO) has awarded the Friend of the Court grant funding in the amount of S19.000 for the period of October 1, 20 0 through September 30, 2011; and WHEREAS this grant is for services to be performed in conjunction with Impact Consulting. Inc.. which facilitates parenting time (visitation) for certain cases as determined by the Court: and WHEREAS matching funds are not required by the grant from Impact Consulting. Inc: or the Oakland County Friend of the Court. WHEREAS the contract has been approved in accordance with the County Executive's review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2011 Access and Visitation Grant. BE IT FURTHER RESOLVED that the Oakland County Friend of the Court will contract with Impact Consulting, Inc. to provide services as detailed in the grant award. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute this agreement and to approve amendmerrts -ard-extenstons up to fifteen (15%) percent variance from the award. BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon the continuation of State funding. BE IT FURTHER RESOLVED that acceptance of tnis grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE • Publc Servces ::ommttee Vote; XotIon carried unanmously on a roll call vote with Zack abaent Page 1 a 2 Nancy Falardeau From: Piir, Gaia [biirg©oakgov.com ] Sent: Friday, October 15, 2010 11:08 AM To: hollyers@oakgov.corn; 'Falardeau, Nancy' Subject: GRANT REVIEW S;GN OFF - Friend of the Court - FY 2011 Access and Visitation Grant Acceptance Please Note: The revised contract is attached. Please use this version for all BOC packets. GRANT REVIEW SIGN OFF - Friend of the Court GRANT NAME: FY 2011 Access and Visitation Grant FUNDING AGENCY: State Court Administrative Office DEPARTMENT CONTACT PERSON: Suzanne Hollyer 248 858-0431 STATUS: Grant Acceptance DATE: October 15, 2010 Pursuant to Misc. Resolution 401320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committcc(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (9;30/2010) Department of Human Resources: Approved. — Cathy Shallal (9/30/2010) Risk Management and Safety: Approved by Risk Management per attached 10-07-10 — FY2011 Access and Visitation -- FINAL MODIFIED CONTRACT. PDF. — Andrea PI otkowski (10/14/2010) Corporation Counsel: With the modifications that SCAO made to the contract at our request, there appear to be no unresolved legal issues that require action or resolution at this time. - Karen Agacinski (i 0/772010) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Executive Order 12549 — Debarment and Suspension tip://www.arehives.gov/federa I -rcgi sterlcod i fi cad o niex eclat vc -orde r/12549.htm I Federal Environmental Tobacco Smoke "Pro -Children Act of 1994" http://www.cdc.gov,tobacco/resea r c a t youth/ 46411 9.. htrn Michigan Civil Rights Act (1976 P.A. 453) IA/1 rt AGREEMENT Michigan Supreme Court State Court Administrative Office -and- 6th Circuit Court Oakland County Friend of the Court 230 Elizabeth Lake Road Pontiac, Michigan 48341 This Agreement, effective October 1, 2010, and ending September 30, 2011, is made between the State Court Administrative Office (SCA% P.O. Box 30048, Lansing, Michigan, 48909, and 6' Circuit Court, Oakland County Friend of the Court (Contractor), 230 Elizabeth Lake Road, Pontiac, Michigan, 48341. I. ENGAGEMENT OF THE CONTRACTOR The State Court Administrative Office (SCAO) is the administrative agency of the Michigan Supreme Court and is responsible for administering the Federal Grants to States for Access and Visitation Grant Programs to courts to provide direct services that increase noncustodial parents' access to and visitation with their children. This program is administered by the Department of Health and Human Services, Administration for Children and Families, Catalog of Federal Domestic Assistance Number 93.597. 1.2 The SCAO is contracting with the Contractor to provide direct services that support and facilitate noncustodial parents' access to and visitation with their children. Supervised (including monitored and therapeutic) parenting time and neutral drop-off and pick-up services are eligible for reimbursement under this Agreement. II. AGREEMENT RELATIONSHIP 2.1 The relationship of the Contractor to the SCAO is that of an independent contractor, and no benefits or liabilities, such as employment benefits or liabilities, personal injury, or property insurance rights or liabilities, or any other rights or liabilities arising out of an agreement for hire or employer-employee relationship, either express or implied, shall arise or accrue to either party as a result of this Agreement. Under the general administrative oversight of the SCAO, the Contractor will perform the services required under this Agreement. The SCAO is not responsible for benefits or liabilities resulting from the Contractor's relationship with any subcontractor. For purposes of workers compensation liability or other actions of employee-related liability, the Contractor understands and agrees that all persons providing direct services pursuant to this Agreement are not employees of the SCAO or of the Michigan Supreme Court. 1.1 -1- III. SCOPE OF SERVICES 3.1 The total Access and Visitation Grant Program funding amount available to the Contractor under this Agreement is S19,000.00. The services identified by the Contractor in its "Access and Visitation Grant Program Funding Application for Fiscal Year 2011" are considered the description of services eligible for reimbursement under this Agreement. I.) The Contractor agrees to: 3.2.1 Provide supervised (including monitored and therapeutic) parenting time services and/or neutral drop-off and pick-up services that support and facilitate noncustodial parents' access to and visitation with their children. 3.2.2 Maintain safeguard procedures that assure the confidentiality of service recipients' personal information and that ensure that the direct services are conducted in safe and neutral environments. 3.2.3 Comply with all monitoring, evaluation, and reporting requirements in accordance with regulations prescribed by the Federal Secretary of Health and Human Services, and comply with the SCAO's financial and reporting requirements. 3.2.4 Prepare, complete, and submit a quarterly "Program Worksheet" and "Access and Visitation Grant Program Invoice" to the SCAO by 5:00 p.m. OD the following dates: _ ; Reporting Period: Due Date to SCAO l'' Quarter I October 1, 2010 — December 31, 2010 Jarman" 20. 2011 2" Quarter 1 January 1, 2011 — March 31, 2011 April 20. 2011 1 3 1.4 Quarter April 1, 2011 — June 30. 2011 July 20, 2011 4th Quarter July 1,2011 — September 30, 2011 October 7, 201 1 3.2.5 Complete and submit additional federally and statutorily required reports to the SCAO. 3.2.6 Permit the SCAO or any of its identified agents to inspect, observe, and monitor the facilities and program operations authorized by this Agreement by conducting site visits, interviewing direct service providers, and viewing court and service provider case records, receipts, client/user complaints, and internal statistical service reports. 3.2.7 Assess, during midtiscal year, the direct service expenditures and project anticipated unspent funds. The Contractor agrees that the SCAO, in consultation with the Contractor, may amend this Agreement by downwardly adjusting the award amount to permit redistribution of funds to other currently funded Access and Visitation Grant Programs if it appears that the Contractor will underspend the original Agreement amount. -2- - 3.3 Proposed changes in either the subcontracted service contractor or rates for services provided may not be adopted without the written consent of the SCAO. IV, AGREEMENT PERFORMANCE 4.1 The SCAO agrees to pay the Contractor a total amount not exceeding the Agreement award amount for the provision of direct services authorized by this Agreement. All payments for the proper performance of this Agreement will be made after the Contractor submits a quarterly "Access and Visitation Grant Program Invoice" including documentation of expenses by the dates appearing in Section 3.2.4. Failure to submit reports by the dates listed in this Agreement may result in delayed reimbursements, or termination of this Agreement, and may preclude the Contractor from consideration for Access and Visitation Grant Program funding in future funding cycles. 4.2.1 For a first instance of failing to comply with the reporting requirements described in this Agreement, the SCAO will electronically notify the Contractor of the reporting noncompliance. Reimbursement may be delayed until the end of the subsequent reporting quarter. 4.2.2 For a second instance of failing to comply with the reporting requirements described in this Agreement, the SCAO will electronically notif -y the Contractor of the reporting noncompliance. Reimbursement may he delayed until the end of the fourth quarter. 4.2.3 For a third instance of failing to comply with the reporting requirements described in this Agreement, the SCAO may terminate this Agreement by delivering notice to the Contractor of the termination date, and may elect to notify the Contractor of its preclusion from consideration for future Access and Visitation Grant Program funding. 4.3 The Contractor agrees that it will not use Access and Visitation Grant Program funds for purposes not authorized by this Agreement. The Contractor agrees to expend the Agreement award amount on direct services authorized in the "Access and Visitation Grant Program Funding Application for Fiscal Year 2011." Funding provided by this Agreement may not be used as security or to guarantee payments for any non-Access and Visitation Grant Program, for direct service obligations, or as loans for other activities. 4.1 All reports and invoices arc to be submitted to: Michelle HiHiker Financial and Statistical Management Analyst State Court Administrative Office Office of Dispute Resolution Michigan Hall of Justice P.O. Box 30048 Lansing, Michigan 48909 hillikermOcourts.mi.gov V. TERM OF AGREEMENT 5,1 This Agreement is subject to and conditioned upon the availability of the Federal Access and Visitation Grant Program funds. 5.1.1. In the event the SCAO determines the Federal Access and Visitation Grant Program funding is unavailable or determines these services or funds are restricted, the SCAO may immediately terminate this Agreement by written notice to the Contractor at any time before the completion of this Agreement. 5.2 This Agreement, upon the SCAO's securing Federal Access and Visitation Grant Program funds, is effective on October 1, 2010, when signed by the Deputy State Court Administrator, the Friend of the Court, and any other person with legal authority required to execute this Agreement, and expires on September 30, 2011. 5.3 The SCAO does not commit to continuation or expansion of the activities covered by the terms of this Agreement. VI. METHOD OF PAYMENT 6.1 The Actual Direct Service Cost Reimbursement Method will be used to claim reimbursement under this Agreement. The "Access and Visitation Grant Program Funding Application for Fiscal Year 2011" details the total maximum award amount available to the Contractor and the types of direct services eligible for reimbursement by this Agreement. 6.2 Upon receiving timely completed "Access and Visitation Grant Program Invoice" forms, the SCAO will reimburse the Contractor for the costs of providing authorized direct services to families during the reported quarterly period. Only the services provided during the reported quarter are eligible for reimbursement under this Agreement. 6.3 A completed "Access and Visitation Grant Program Invoice" form must include the total requested reimbursable amount, and must list the court case numbers for the families that actually received eligible direct services during the reported quarter. 6.4 Reports are considered timely when received by the SCAO no later than the due dates listed in Section 12.4. VIL TERMINATION 7.1 The SCAO reserves the right to cancel this Agreement, in whole or in part, at any time the SCAO determines that termination is in its best interest. Grounds for termination of this Agreement may include, but are not limited to, the availability of Federal Access and Visitation Grant Program funding. The SCAO will terminate services by delivering a written notice to the Contractor that specifies the terminated services and the effective termination date. 7.2 At the time this Agreement is terminated, the Contractor will complete and submit an "Access and Visitation Grant Program Invoice" for reimbursement of direct services provided during the termination quarter, 7.3 At the time of termination and upon the submission of a properly executed invoice, the SCAO will reimburse the amount owed to the Contractor. 7.4 The Contractor will reimburse overpayments in excess of authorized reimbursable expenditures to the SCAO within 30 days of notice of termination or expiration of this Agreement. 7.5 Under Executive Order 12549, "Debarment and Suspension" (45 CFR § 92.35), states are prohibited from entering into contracts with parties appearing on the Excluded Parties List System [https://www.epls.goviepls/search.do]. If after executing this Agreement the contractor or subcontractor subsequently appears on the Excluded Parties List System, the SCAO may terminate this Agreement. 7.6 Termination, conclusion, or cancellation of this Agreement will not be construed to terminate the ongoing responsibilities or rights of the parties involved in this Agreement as provided in the following subsections: Liability, Rights of Title and Examination, Maintenance and Confidentiality of Records. VEIL WRITTEN DISCLOSURE 8.1 The Contractor and its employees and subcontractors will promptly disclose in writing to the SCAO all writings, inventions, improvements, or discoveries, whether copyritthted, patented, or not, that are written, conceived, made or discovered by the Contractor, its employees or subcontractors jointly with the SCAO or singly by the Contractor or its employees or subcontractors in performing the activities covered by this Agreement. Within each disclosure, the Contractor and its employees will specifically describe and identify the features or concepts considered new or different, 8.2 The SCAO shall have the right to request the assistance of the Contractor and its employees or subcontractors in determining and acquiring copyright, patent, or other such protection. IX. INSURANCE 9.1 The Contractor will maintain liability or self-insurance in such amounts as necessary to cover all claims that may arise out of the Contractor's operations under this Agreement. The Contractor will maintain unemployment compensation coverage and worker's compensation self-insurance in accordance with applicable federal and state law and regulations. The Contractor will carry all insurance or self-insurance coverages required by Michigan law. X. LIABILITY AU liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor or the court in the performance of this Agreement shall be the responsibility of the Contractor and the court, and not the responsibility of the SCAO, if the liability, loss, or damage is caused by or arises out of the actions or failure to act on the part of the Contractor, the court, or anyone directly employed by the Contractor or the court provided that nothing herein shall be construed as a waiver of the governmental immunity that has been provided to the Contractor or its employees by statute or court decisions, 10.2 The Contractor agrees to safeguard its property and materials against loss of any such property and materials used by the Contractor under this Agreement. 10.3 The Contractor wan-ants that it is not subject to any nondisclosure, noncompetition, or similar clause with current or prior clients or employers that will interfere with the performance of this Agreement. 10.4 In the event any action or proceeding shall be brought against the Contractor by reason of any services covered under this Agreement, the Contractor will resist or defend the action or proceeding at its sole cost and expense. 10.5 All liability to third panics, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities carried out by the State Court Administrative Office in the performance of this contract shall be the responsibility of the SCAO, and not the responsibility of the Contractor or the court, if the liability, loss, or damage is caused by or arises our of the actions or failure to act on the part of the SCAO or anyone directly employed by the SCAO provided that nothing herein shall be construed as a waiver of the governmental immunity that has been provided to the SCAO or its employees by statute or court decision. XI, AiGREEMENT INCLUSIVENESS 10.1 11.1 The approved "Access and Visitation Grant Program Funding Application for Fiscal Year -6- 2011" is incorporated by reference and made a part of this Agreement. The parties intend this Agreement to be the complete and final expression of their agreement, oral or otherwise, unless amended in writing and signed by all parties. XII. COMPLIANCE WITH LAWS 12.1 The Contractor shall comply with all applicable laws, ordinances, and federal, state, and local government codes. 12.2 In accordance with Title XII of Public Law 103-227, the "PRO-KIDS Act of 1994," smoking may not be permitted in any portion of any indoor facility owned or regularly used for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by federal programs whether directly or through state or local governments. Federal programs include grants, cooperative agreements, loans and loan guarantees, and contracts, The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions or iacilities and used for inpatient drug and alcohol treatment. 12.3 The Contractor will not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status pursuant to 1976 PA 453, § 209. The Contractor will also comply with the provisions of the Michigan Handicappers Civil Rights Act, 1976 PA 220, and the Federal Rehabilitation Act of 1973. PL 93-112, § 504, 87 Stat 394. The Contractor will comply with the Americans with Disabilities Act of 1990 (ADA), PL 101-336, 104 Stat. 328, which prohibits discrimination against individuals with disabilities and provides enforcement standards. Further, the Contractor will comply with all other federal, state or local laws, regulations and standards as they may apply to the perkrrnanco of this Agreement. These awards are subject to the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000 (22 USC 7104). The full text of this requirement is found at http://www.acf hhs.gov/grants/award_tenn.html. XIII, CONFLICT OF INTEREST 13.1 The Contractor affirms that it has no personal or financial interest, and will not acquire any such interest, direct or indirect, that would conflict in any manner or degree with the performance of this Agreement. XIV. SUPPLANTATION 14.1 The Contractor, as a subcontractor of Federal Financial Assistance, agrees to abide by applicable provisions of the Cost Principals for State and Local Governments issued in 2 CFR 7'7 5, 14.2 Funding provided by this Agreement may not be used to supplant any iiinding currently spent on access and visitation programs and may not be utilized for any project already funded by the state or the Title IV-D Cooperative Reimbursement Agreements, unless the money is used to enhance or supplement an established program. Clear distinctions will -7- be made according to acceptable accounting principles, including documentation of the separation of tasks between IV-D personnel and grant personnel, between projects currently funded by IV-D and enhancements or supplements to projects receiving funding by this Agreement. 14.3 Under no circumstance will Title IV-D funding be utilized to pay for any expenses, administrative or otherwise, incurred from direct services provided as part of the Federal Grants to States for Access and Visitation. XV. EXAMINATION, MAINTENANCE, AND CONFIDENTIALITY OF RECORDS 15,1 At any reasonable time, the Contractor will permit the SCAO, or any of its identified agents. access to the facilities where services funded by this Agreement are provided and wifl permit the SCAO, or any of its identified agents, to observe the operation of the program. The Contractor shall retain all books, records, or other documents relevant to this Agreement for seven (7) years after final payment, at its cost. Federal auditors and any persons duly authorized by the SCAO will have full access to and right to examine and audit any of the material during this period, If an audit is initiated before the expiration of the seven-year period, and extends past that period, all documents shall be maintained until the audit is completed. The SCAO will provide findings and recommendations of audits to the Contractor. The SCAO will adjust future payments or final payment if the findings of an audit indicate over or underpayment to the Contractor, If an audit discloses an overpayment to the Contractor, the Contractor will immediately refund all amounts that may be due the SCAO. 15.2 The use or disclosure of information concerning families, which is obtained in connection with the performance of this Agreement, will be restricted to purposes directly connected with the administration of the programs implemented by this Agreement and as required by federal regulations and state statute. XVI. SUBCONTRACTS 16.1 The Contractor is responsible to perform all requirements and obligations provided within this Agreement either directly or by subcontract. In the event the Contractor assigns or subcontracts any of its obligations and requirements provided by this Agreement, the Contractor will ensure that the subcontracted agents comply with all provisions and will be subject to all conditions of this Agreement. The Contractor may not assign its rights nor delegate its duties under this Agreement. Upon the SCAO's request, the Contractor will provide the SCAO with the subcontractors' and direct service Contractors names and direct contact information, including telephone numbers, fax numbers, and e-mail addresses. XVII. RIGHTS OF TITLE 17,1 The services eligible for reimbursement under this Agreement are provided by the Federal Grants to States for Access and Visitation. 17.1.1 Any printed public information, wthsites, and educational materials describing the services provided by this Agreement will include a written byline that the direct services provided are funded by the Federal Grants to States for Access and Visitation. 17,2 The Contractor must clearly identify the specific source of materials that were not originally developed by the Contractor. -9- 17.3 The Contractor grants the SCAO a royalty-free nonexclusive license to use and authorize others to use all written or visual material or other work products developed in connection with this Agreement, including all copyrighted materials, whether produced by the Contractor or by subcontractors to perform services pursuant to this Agreement. XVIII. NOTICE I 8,1 Any notice relating to or required by the provisions of this Agreement, and all reimbursement invoices made under this Agreement, shall be directed to: Michelle Hilliker State Court Administrative Office Office of Dispute Resolution Michigan Hall of Justice P.O. Box 30048 Lansing, Michigan 48909 Phone: 517-373-4839 Fax: 517-373-5748 hillikermgeourts.mi.gov 18.2 All correspondence relating to this Agreement and the work provided pursuant to this Agreement shall be made to the Contractor at the address below: 6th Circuit Court Oakland County Friend of the Court 230 Elizabeth Lake Road Pontiac, Michigan 48341 19.1 XIX. SIGNATURE OF PARTIES This Agreement will he effective October 1, 2010, only when signed by the Deputy State Court Administrator. the Friend of the Court, and any other person with legal authority required to execute this Agreement. Once the Deputy State Court Administrator signs this Agreement, the provisions will apply to the entire period specified in the Agreement. CONTRACTOR Friend of the Court Date Date Date STATE COURT ADMINISTRATIVE OFFICE Ms. Dawn Monk Date Deputy State Court Administrator FISCAL NOTE #10287 . November 3, 2010 BY: Finance Committee, Torn Middleton, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT — 2011 ACCESS AND VISITATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds. 1. The Oakland County Friend of the Court (FOC) has been awarded a Federal Access and Visitation Grant through the State Court Administrative Office (SCAO) in the amount of $19,000. The grant period is October 1,2010 through September 30, 2011 2. The grant is for services to be performed in conjunction with agencies that facilitate parenting time (visitation) for certain cases as determined by the court. 3. There is no general fund fiscal obligation. 4 The FY 2011 Adopted Budget is $24,621, which is $5.621 greater than the grant award. 5. The Fiscal Year 2010 Special Revenue budget is amended as follows to reflect the reduction in funding for this program: Fund 27120— FOC Access Visitation: Grant # GR0000000282 Revenue FY 2011 3010401-126030-615571 Grants-State ($5,621) igAAW Expenditure ($5,621) ($5,6211 3010401-126030-731458 Professional Services FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. EDIT wF Resoluton #10287 November 3, 2010 Moved by Long supported by Coleman the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Buflard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Woodward, Zack. (22) NAYS None A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Y APPROVEIHE FORAING RESOLUTION O STATE OF MICHIGAN) COUNTY OF OAKLAND) Ruth Johnson. 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 November 3. 2010. 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 3'd day of November, 2010. 64it Ruth Johnson, County Clerk