HomeMy WebLinkAboutResolutions - 2013.12.12 - 21135MISCELLANEOUS RESOLUTION #13316 December 12, 2013
BY: Public Services Committee, William Dwyer, Chairperson
IN RE: FRIEND OF THE COURT — FY2014 ACCESS AND VISITATION GRANT —
APPLICATION/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 $14,500 for the period of October 1, 2013 through September 30, 2014;
and
WHEREAS this is the seventeenth (17th) year of the grant acceptance for this program; 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; and
WHEREAS the grant agreement has been processed through the County Executive Contract
Review Process and the Board of Commissioners Grant Acceptance Procedures; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the FY 2014 Access and Visitation Grant Agreement from the State Court Administrative Office
(SCAO) in the amount of $14,500 for the period of October 1, 2013 through September 30, 2014.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Board
Chairperson to sign the grant agreement for the total grant program amount of $14,500.
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 acceptance of this grant does not obligate the County to any
future commitment, and any special revenue positions and other program costs associated with this grant
are contingent upon future levels of grant funding.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized
to execute the grant agreement and to approve any grant extensions or changes within fifteen percent
(15%) of the original award, which is consistent with the original agreement as approved.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SER I ES OMMITTEE
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
GRANT REVIEW SIGH OFF Friend of the Co u
GRANT NAME: FY2014 Acccss and Visitation Gr int
FUNDING AGENCY: State Court Administrative Office
DEPARTMENT CONTACT PERSON: Sui.anne Hollyer 248 858-0431
STATUS: Grant A.pplication/Acceptance
DATE: November 20, 2013
Pursuant to Misc. Resolution irt 3180, 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' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (11/12/2013)
Department of Human Resources:
Approved. — Karen Jones (11/12/2013)
Risk Management and Safety:
Approved by Risk Management. —Robert Erlenbeck (11/12/2013)
Corporation Counsel:
There appear to be no unresolved legal issues that require action at this time. — Karen Agaeinski
(11/14/2013)
COMPLIANCE
The grant agreement references a number of specific federal and/or state regulations. Below is a list of
these specifically cited compliance related documents for this grant.
Executive Order 12549 — Debarment and Suspension
IMp://www.archiyes.gov/federal-register/codification/executive-ordei ./12549.html
Federal Environmental Tobacco Smoke "Pro-Children Act of 1994"
http://www.cdc.goy/tobacco/research data/youth/464119.htm
Michigan Civil Rights Act (1976 PA. 453)
http://www.leislature.mi.gov/(S(eavsv4bgOrpdowvlwb
453-of-1976
(03 g))/m ileg.aspx?pne—getoblect&obj
Michigan Persons Persons with Disabilities Civil Rights Act "Act 220 of 1976"
littp://www.ieg-islature.rni.gov/(uq3lxgeltrurj5z55z2uiwy45)/mileR,aspx?oage —lgetobject&obiectname—rnel-Act-
220-of-1976&oueryid-14718589
The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
ht-tp://wm,v.dol.goy/oasam/regs/statutes/sec504.htm
Americans y7ith Disabilities Act of 1990
www.acla.s.w/pubs/acitiltm
TraffieMng Victims Protection Act of 2000, ,Section 106
hitp://www.state.gpv/Pliip/rIsitiorpt/2007/86205.1rtro
Cost Principles for Ste, Local and Indian Tribal Governments •()MB CIRCULAR A-87) (2 CFR Part 225)
httip://www.acoess.gpo.v/nara/c11 -/waisidx 08/2ofi-225 08,html
Suzanne Hollyer
From: West, Catherine <westca@oakgov.com >
Sent: Wednesday, November 20, 2013 1:55 PM
HoMyer, Suzahne
Su bje,r:t: FW: GRANTP'.EVIEW SIGN OFF: Friend of the Court - FY2014 Access and Visitadon Grant
- Application/Acceptance
Attachrnenis: Grant Acceptance Sign Off pdf
Suzanne,
I want to apologize, I emailed Karen Agacinski earlier to see if she'd had reviewed the grant agreement. She had actually
sent her review comments last week and somehow I missed the email. Again, I'm sorry for the delay.
You will need the attached sign off document for your Public Services packet. Please let me know if you have any
questions,
Thank you,
Katie West
Oakland County Fiscal Services
Phone (248) 858-2384
Fax (248) 858-9724
wes.tca@oakgov.com
Work Schedule: Monday —Thursday 7:00AIVI
From West, Catherine Emailto:westca(aoakgov.comi
Sent: Wednesday, November 20, 2013 1;51 PM
To: Hoilyer, Suzanne; 'Falardeau, Nancy'
Subject: GRANT REVIEW SIGN OFF: Friend of the Court - FY2014 Access and Visitation Grant - Application/Acceptance
GRANT REVIEW SIGN OFF Friend of the Court
GRANT NAME: FY2014 Access and Visitation Grant
FUNDING AGENCY: State Court Administrative Office
DEPARTMENT CONTACT PERSON: Suzanne Hollyer 248 858-0431
STATUS: Grant Application/Acceptance
DATE: November 20, 2013
Pursuant to Misc. Resolution #13180, 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' committee(s) for
grant acceptance by Board resolution.
DEPARTMENT REVIEW
Depaament of Management and Budget:
Approved. -- Laurie Van Pelt (11/12/2013)
Departmenr of Human Resources:
Approved. • Karen Jones (11/12/2013)
Risk Nianag,ament and Safety:
Approved by Risk Management.- Robert Erlenbeck (11/12/2013)
Corporation Counsel:
There appear to be no unresolved legal issues that require action at this time. - Karen Agacinski (11/14/2013)
COMPLIANCE
The grant agreement references a number of specific federal and/or state regulations. Below is a list of these
specifically cited compliance related documents for this grant.
Executive Order 12549 - Debarment and Suspension
http://www.archives.gov/federal-register/codification/executive-order/12549.html
Federal Environmental Tobacco Smoke -Pro-Children Act of 1994"
http://www.cdc.gov/tobacco/research ciata/youth/464119.htm
Michigan Civil Rights Act (1976 P.A. 453)
http://www.legislature.rni.gov/(Sfeavsv4bgOrpdowv2.wbyly03g))/mileg.aspx?page=getobject&oblectnarne
-mcl-Act-453-of-1976
Michigan Persons with Disabilities Civil Rights Act - "Act 220 of 1976"
http://www.legislature.rni.gov/(uq3lxgeltmri5z5.5z2uiwv45 }/rnileg.aspx?gag.L=Tetobiect&obiectname-mci-Act-220-of-
1976&oueryid=14718589
The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
http://www.dol.gov/oasam/regs/statutes/sec504.htm
Americans with Disabilities Act of 1990
www.ada.gov/pubs/ada.htm
Trafficking Victims Protection Act of 2000, Section 106
http://vvww.state.gov/g/t1p/ns/tiprpt/2007/86205.htm
Cost Principles for State, Local and Indian Tribal Governments (OMB CIRCULAR A -87) (2 CFR Part 225)
http://www.access.gpo.gov/nara/cfr/waisidx 08/2cfr225 08.html
Katie West
Oakland County Fiscal Services
Phone (24.8) 858-2384
Fax (248) 858-9724
westca@oal<gov.com
Work Schedule: Monday - Thursday 7MAM 5:30PIV1
2
From:
To:
Cc:
Subject:
Date:
VanPelt, lIJrie
"West, Catherine"; "Julie Secontine"; "Karen_)ones"; "Pat Da Zs."
"Floliver, Suzanne"; "Falardau Nancy"
RE: GRANT REVIEW: Errend of the Court - FY2014 Access and Visitation Grant - Application/Acceptance
Tuesday, November 12, 2013 3;33:20 PM
Approved.
From; West, Catherine Lmahto:westca@oakgov.coml
Sent:: Tuesday, November 12, 2013 2:57 PM
To Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis
Cc: Hollyer, Suzanne; 'Falardeau, Nancy'
Subject; GRANT REVIEW: Friend of the Court - FY2014 Access and Visitation Grant -
Application/Acceptance
GRANT REVIEW FORM'
GMEL819162.12.5.41.ME.M...-4,57.27.11608..... 12.H.E221R1.7.12327111MINVIA.scueRrar.p.1.19.459.2
TO: REVIEW DEPARTMENTS— Laurie Van Pelt— Karen Jones —Julie Secontine— Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE— Friend of the Court
FY2014 Access and Visitation Grant
State Court Administrative Office
Please be advised the above mentioned grant information was put into contract review today.
A hard copy of these materials has been sent to you for review. Please provide your review
stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting
comments, via reply (to all) of this email.
Time Frame for Returned Comments: November 19, 2013
GRANT INFORMATION
Date: November 12, 2013
Operating Department: Friend of the Court
Department Contact: Suzanne Hollyer
Contact Phone: 248-858-0431
Other ID Number: SCA0-2014-029
REVIEW STATUS: Application/Acceptance— Resolution Required
Funding Period: October 1, 2013 —September 30, 2014
New Facility / Additional Office Space Needs: None
IT Resources (New Computer Hardware / Software Needs or Purchases): None
From:
To
Cc;
Subject:
Date;
ware
'West Catherine"; "Julie Secontine"; "Laurie VanPelt"; "Pat Davis"
"Hollver„..Suzanne"; "ralarde_aLL_Nancy"
RE: GRANT REVIEW; Friend of the Court - FY2014 Access and Visitatimi Grant - Application/Acceptance
Tuesday, November 12, 2013 3:08:59 PM
Approved.
From: West, Catherine [mailto:westcagooal(gov.com ]
Sent: Tuesday, November 12, 2013 2:57 PM
To: Julie Secontine; Karen Jones; Laurfe VanPelt; Pat Davis
Cc: Hollyer, Suzanne; 'Falardeau, Nancy'
Subject: GRANT REVIEW: Friend of the Court - FY2014 Access and Visitation Grant -
Application/Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court
FY2014 Access and Visitation Grant
State Court Administrative Office
Please be advised the above mentioned grant information was put into contract review today.
A hard copy of these materials has been sent to you for review. Please provide your review
stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting
comments, via reply (to all) of this email.
Time Frame for Returned Comments: November 19, 2013
GRANT INFORMATION
Date: November 12, 2013
Operating Department: Friend of the Court
Department Contact: Suzanne Hollyer
Contact Phone: 248-858-0431
Other ID Number: SCAO-2014-029
REVIEW STATUS: Application/Acceptance — Resolution Required
Funding Period: October 1, 2013 — September 30, 2014
New Facility / Additional Office Space Needs: None
IT Resources (New Computer Hardware / Software Needs or Purchases): None
From:
To:
Cc:
Subject:
Date:
Frienbeck Robert
"West Catherine; "Thiie Secontine"; "Karen tones"; "Laurie. VanPeit"• "Pat Davis"
"1-101yer, Suzanne"; "Falardeaa Nancy:
RH: GRANT REVIEW: Friend of the Court - FY2014 Access arid Visitation Grant - Application/Acceptance
Tuesday, November 12, 2013 4:56:0,1 PM
Approved by Risk Management. RE. 11/12/13.
From Easterling, Terri [mailto:easterlingt@oakgoy.com]
Sent: Tuesday, November 12, 2013 3:49 PM
To: 'West, Catherine', 'Julie Secontine'; 'Karen Jones'', 'Laurie VanPelt'; 'Pat Davis'
Cc: 'Hollyer, Suzanne', 'Falarcleau, Nancy'
Subject: RE: GRANT REVIEW: Friend of the Court - FY2014 Access and Visitation Grant -
Application/Acceptance
Please be advised that your request for Risk Management's assistance has been assigned to Bob
Frienbeck, (ext. 8-1694). If you have not done so already, please forward all related information,
documentation, and correspondence, Also, please include Risk Management's assignment number,
RM13-0409., regarding this matter.
Thank you,
From: West, Catherine [mailto:vvestcaoakgov.com]
Sent: Tuesday, November 12, 2013 2:57 PM
To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis
Cc: Hollyer, Suzanne; 'Falardeau, Nancy'
Subject: GRANT REVIEW: Friend of the Court - FY2014 Access and Visitation Grant -
Application/Acceptance
GRANT REVIEW FORM
affilMrs-1227V.92,15265£
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court
1-Y2014 Access and Visitation Grant
State Court Administrative Office
Please be advised the above mentioned grant information was put into contract review today.
A hard copy of these materials has been sent to you for review. Please provide your review
stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting
comments, via reply (to all) of this email.
Time Frame for Returned Comments: November 19, 2013
FrOril Acwinskt, Karen
To Julie Secontine; Jones, KDren; Laurin VanFelt; "West, Catherine; Hnliver Suzanne; "Ndtlot Falardeaun
Subject: RE: GRANT REVIEW: Friend of the Court - F0014 Access arid Visitation Grant - Application/Acceptance
Date: Thursday, November 14, 2013 .122:04 PM
GRANT INFORMATION
Operating Department: Friend of the Court
Department Contact: Suzanne Hollyer
Contact Phone: 248-858-0431
Other ID Number: SCAO-2014-029
Funding Period: October I, 2013 — September 30, 2014
New Facility / Additional Office Space Needs: None
IT Resources (New Computer Hardware / Software Needs or Purchases): None
Funding: Continuation.
Application Total Project Amount: $14,500 (or an amount to be upwardly modified by SCA()
later in the contract year)
Prior Year Total Funding: $21,000
New Grant Funded Positions Request: No
Changes to Current Positions: None
Grantor Funds: $14,500 or more based on SCAO funding availability
Total Budget: $14,500 or more based on SCAO funding availability
Match and Source: no requirement for matching funds
PROJECT SYNOPSIS
The Supervised Parenting Time Program goal is to provide safety for children and victims of
violence while court-ordered parenting time is facilitated. Impact was selected as a pai -tner and
entered into a contract (which was competitively bid) with the County; the contract has been
renewed each year.
REVIEW STATUS: Application/Acceptance— Resolution Required
There appear to be no unresolved legal issues that require action at this time,
Thank you,
Karen P. Agacinski, Assistant Corporation Counsel
Department of Corporation Counsel
1200 N. Telegraph Road, Bldg. 14 East
Courthouse West Wing Extension, 3 rd Floor
Pontiac, MI 48341
Phone Number: (248) 858-8677
Fax Number: (248) 858-1003
agacinskikoakgov.com
PRIVILEGED AND CONFIDENTIAL— ATTORNEY CLIENT COMMUNICATION
This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is
protected by the attorney-client privilege and work product doctrine, This privilege belongs to the County of
Oakland, and individual addressees are not authorized to waive or modify this privilege in anyway. Individuals are
advised that any dissemination, reproduction or unauthorized review of this information by persons other than
those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this
message in error, please notify the sender immediately, If you have any questions, please contact the Department
of Corporation Counsel at (248) 858-0550. Thank you for your cooperation.
(7.11-Irtrnct-. bPrivn State Court Administrative Offi and 6 is , Circuit Court
Contract No LCAO-2o .1.4- 29
.1. GENERAL PROVISIONS
1,01 This contract is made between the State Court Administrative Office,
Lansing, Michigan (SAO) and 6th Circuit Court, Oakland County Friend of the Court
(the Provider).
1.02 - This contract is 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 services are eligible for
reimbursement under this contract. 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.
1.03 In consideration of the mutual promises and covenants in this contract,
and the benefits to be derived from this contract, the parties agree as follows:
2. TERM OF CONTRACT
2.01 This contract becomes effective when it is signed by the parties.
2.02 This contract terminates on September 30, 2014, at 11:59 p.m.
2.03 In the event that an extension of this contract is desired, the parties must
agree to the extension in writing prior to the expiration of this contract.
3. RELATIONSHIP
3.01 The Provider is an independent contractor, and it is understood the
Provider is not an employee of the SCAO. No employee or subcontractor of the Provider
is an employee of the SCAO.
3.02 No liability or benefits, including, but not limited to, retirement benefits or
liabilities, pension rights or liabilities, insurance rights or liabilities, fringe benefits,
training, holiday pay, sick pay, vacation pay, or such other rights, provisions, or
liabilities arising out of an agreement of hire or employer-employee relationship, either
express or implied, shall arise or accrue to either party as a result of this contract. The
Provider is not eligible for, and will not participate in, any such benefits.
3.03 The Provider is responsible for payment of all taxes, including federal,
state, and local taxes arising out of the Provider's activities in accordance with this
contract, including, but not limited to, income taxes, social security taxes,
unemployment insurance taxes, and any other taxes or fees.
3.04 The Provider shall not direct the work or commit the working time of any
SCAO employee under this contract. To the extent that the Provider seeks the assistance
Contract No, SC,'AO-2014-029
November 6, 2013
Page 2
of any SCAO employee to perform the Provider's responsibilities under this contract, the
Provider must obtain prior written approval from the state court administrator or his
designee.
3.05 The Provider does not, and shall not, have the authority to enter into
contracts on the SCAO's behalf,
• 3.06 Under Executive Order 12549, "Debarment and Suspension" (45 CFR
92,35), states are prohibited from entering into contracts with parties appearing on the
System for Award Management Excluded Parties List
rhttps://www.sanuov/portal/public/SAMA . If after executing this Contract the
contractor or subcontractor subsequently appears on the Excluded Parties List System,
the SAO may terminate this Contract.
4. SCOPE OF SERVICES
4.01 Under the direction of the SAO, the Provider will provide supervised
(including monitored and therapeutic) parenting time and/or neutral drop-off and pick-
up services. Those services will include, but not be limited to, the following projects
and initiatives:
4.01.01 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.
4.01.02 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.
4.01.03 Prepare, complete, and submit a quarterly "Program
Worksheet" and "Access and Visitation Grant Program Invoice" to the
SCAO by 5:00 p.m. on the following dates:
Reporting Period: Due Date to SAO:
ist Quarter October 1, 2013 — December 31, 2013 January 20, 2014
2nd Quarter January 1, 2014 — March 31, 2014 April 21, 2014
3AQuarter April 1, 2014 — June 30, 2014 July 21, 2014
4th Quarter July 1, 2014 --- September 30, 2014 October 7, 2014
2
Contract No. SCA0-2014-029
November 6, 2013
Page 3
4.01.04 Permit the SAO or any of its identified agents to inspect,
observe, and monitor the facilities and program operations authorized by
this Contract 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.
4.01.05 Assess, during mid-fiscal year, the direct service
expenditures and project anticipated unspent funds. The Provider agrees
that the SCAO, in consultation with the Provider, may amend this Contract
by downwardly adjusting the award amount to permit redistribution of
funds to other currently funded Access and Visitation Grant Program
contracts if it appears that the Provider will under-spend the original
Contract amount.
4.02 The Provider shall, during the contract term or any extension thereof, use
the Provider's best efforts and endeavors to promote the interests of the SCAO. The
Provider, and the Provider's employees or subcontractors, shall devote such time,
attention, skill, knowledge, and professional ability as is necessary to most effectively
and efficiently carry out and perform the services as described in this contract and in
any amendments to this contract.
4.03 Commitment of state resources for the acquisition of goods and services,
and execution of purchase orders, contracts, and similar agreements, shall remain the
sole responsibility of the SCAO.
5. PERFORMANCE, PRICING, AND PROHIBITION OF SUPPLANTING
5.01 The SCAO agrees to pay the Provider a sum not to exceed $14,5oo.00 for
the services performed pursuant to this contract. This sum includes all services, costs,
fees, and expenses.
5.02 The compensation for services performed pursuant to this contract is inclusive of any and all remuneration to which the Provider is entitled. The Provider
shall be responsible for all payment of all expenses the Provider incurs under this
contract, including, but not limited to, license fees, memberships and dues, automobile
and other expenses, insurance premiums, telephone costs, and all salary, expenses, and
other compensation paid to the Provider's employees or contract personnel that the
Provider hires or retains.
5.03 The Contractor agrees to abide by applicable provisions of the "Cost Principals for State and Local Governments" issued in 2 CFR 225.
3
Contract No. SCA0-2014-029
November 6, 2013
Page 4
5.04 Funding provided by this Agreement may not be reed to supplant any
funding currently spent on access and visitation programs and may not be utilized for
any project already funded by the state or the Title fV-D Cooperative Reimbursement
Agreements, unless the money is used to enhance or supplement an established
program. Clear distinctions will 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.
5.05 Under no circumstance will Title [V-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.
6. ASSIGNMENT
6.01 The Provider may not assign the performance under this contract to
subcontract personnel other than those identified in the Provider's grant application
except with the prior written approval of the SAO.
7. METHOD OF PAYMENT
7.01 All payments for the proper performance of the contract shall be made by
the SCAO quarterly, upon the submission by the Provider of invoices for approval by the
SCAO on a form approved by the SCA°. The invoices shall include a specification of the
hours worked, hourly salary, and the detailed services provided by the Provider, and/or
for each of the Provider's or approved subcontractor's staff, during the period for which
payment is sought.
8. CONFIDENTIAL INFORMATION
8.01 In order that the Provider's employees or subcontractors may effectively
provide fulfillment of this contract to the SCAO, the SCAO may disclose confidential or
proprietary information pertaining to the SCAO's past, present, and future activities to
the Provider. All such information is proprietary to the SCAO and Provider shall not
disclose such information to any third party without prior approval from the SAO,
unless disclosure is required by law or court order. If disclosure is required by law or
court order, SAO will be notified of the request before disclosure. The Provider agrees
to return all confidential or proprietary information to the SAO immediately upon the
termination of this contract.
4
Contract No. SCA0-2014-029
November 6, 2013
Page 5
9, UGHTS TO WORK PAH: ODUCT
9.01 All reports, programs, manuals, t.H.pes, listings, documentation, and any
oth ;1' work product prepared by the Provider under this contract, and amendments
thereto, shall belong to the SAO and are subject -Lc copyright or patent only by the
SCAO. The SCAO shall have the right to obtain from the Provider original materials
produced under this contract and shall have the right to distribute those materials.
9.02 The SC.A0 grants the Provider a royalty-free, nonexclusive license to use
anything developed in the course of executing this contract if the work product enters
the public domain.
9.03 The SCAO shall have copyright, property, and publication rights in all
written or visual material or other work products developed in connection with this
contract. The Provider shall not publish or distribute any printed or visual material
relating to the services provided under this contract without the prior explicit
permission of the SAO.
WRITTEN DISCLOSURE
10.01 The Provider and the Provider's employees or subcontractors shall
promptly disclose in writing to SCAO all writings, inventions, improvements, or
discoveries, whether copyrightable, patentable, or not, which are written, conceived,
made, or discovered by the Provider or the Provider's employees or subcontractors
jointly with the SCAO or singly by Provider or the Provider's employees or
subcontractors while engaged in activity under this contract. As to each such disclosure,
the Provider shall specifically point out the features or concepts that are new or
different.
10.02 The SCAO shall have the right to request the assistance of the Provider and
the Provider's employees or subcontractors in determining and acquiring copyright,
patent, or other such protection at the SCAO's invitation and request.
10.03 The Provider represents and warrants that there are at present no such
writings, inventions, improvements, or discoveries (other than in a copyright, copyright
application, patent, or patent application) that were written, conceived, invented, made,
or discovered by the Provider or the Provider's employees before entering into this
contract, and which the Provider or the Provider's employees desire to remove from the
provisions of this contract, except those specifically set forth by attachment hereto.
INSURANCE
11.01 The Provider should carry insurance coverage or self-insurance in such
amounts as necessary to cover all claims arising out of the Provider's operations under
the terms of this contract.
5
Contract No. SCA0-2o14-o29
November 6, 2013
Page 6
12, IND OVEN Iry
12.01 Unless § 12.02. applies, the Provider agrees to indemnify, defend, save, and
hold harmless the SCAO, the Michigan Supreme Court, their agents, officers, and
employees from any liabilities, obligations, damages, penalties, claims, costs, fees,
charges, and expenses (including, but not limited to, fees and expenses of attorneys,
expert witnesses, and other consultants) that may be imposed upon, incurred by, or
asserted against the SAO or the Michigan Supreme Court by reason of the Provider's
acts or services provided under this contract. Indemnity is not limited by: (1) failure to
procure and/or maintain insurance for Provider or Provider's subcontractors; (2) failure
to procure and/or maintain sufficient insurance for Provider or Provider's
subcontractors; or (3) by operation of insurance deductibles, holdbacks, or minimums.
12.02 If the Provider is a local unit of government, that is a political subdivision
and instrumentality of the State of Michigan, or an office, department or agency thereof,
the following liability provisions apply:
A. All liabilities, obligations, damages, penalties, claims, costs, fees,
charges, and expenses (including, but not limited to, fees and expenses of
attorneys, expert witnesses, and other consultants) resulting from claims,
demands, costs, or judgments arising out of activities or services carried out by
the Provider in the performance of this contract, shall be the responsibility of the
Provider, and not the responsibility of the SCAO. Nothing in this subsection is,
nor shall be construed as, a waiver of governmental immunity.
B. All liabilities, obligations, damages, penalties, claims, costs, fees,
charges, and expenses (including, but not limited to, fees and expenses of
attorneys, expert witnesses, and other consultants) resulting from claims,
demands, costs, or judgments arising out of activities or services carried out by
the SCAO in the performance of this contract, shall be the responsibility of the
SCAO, and not the responsibility of the Provider. Nothing in this subsection is,
nor shall be construed as, a waiver of governmental immunity.
C. In the event that liabilities, obligations, damages, penalties, claims,
costs, fees, charges, and expenses (including, but not limited to, fees and
expenses of attorneys, expert witnesses, and other consultants) resulting from
third party claims, demands, costs, or judgments arise as a result of activities
conducted jointly by the Provider and SAO in fulfillment of their responsibilities
under this contract, such liabilities, obligations, damages, penalties, claims, costs,
fees, charges, and expenses shall be borne by the Provider and SCAO in relation
to each party's responsibilities under these joint activities. Nothing in this
subsection is, nor shall be construed as, a waiver of governmental immunity.
6
Contract No. SCA0-2014-029
November 6, 2013
Page 7
12.03 The SCAO is not responsible and will not be subject to any liability for any
claim related to the loss, damage, or impairment of Provider's property and materials or
the property and materials of the Provider's employees or subcontractors, tis.d by the
Provider pursuant to the Provider's performance under this con tract.
12.04 The Provider warrants 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 contract. The SCAO will not be subject to any
liability for any such claim.
12.05 In the event any action or proceeding is brought against the Provider by
reason of any claim due or claimed to be due to Provider's performance covered under
this contract, the Provider will, at the Provider's sole cost and expense, resist or defend
the action or proceeding as Provider deems appropriate. Provider retains sole authority
and discretion to resolve and settle any such claims.
13. TERMINATION
13.01 Each party has the right to terminate this contract without cause by giving
written notice to the other party of such termination at least ten days before the effective
date of such termination.
13.02 The SCAO will pay any compensation due to the Provider at the time of
termination after an invoice is submitted to the SAO. The Provider will refund any
compensation to the SCAO that was made in excess of the amount invoiced at the time
of termination.
13.03 In the event the Provider dies during the term of this contract, this
contract shall terminate.
14. COMPLIANCE WITH LAWS
14.01 The Provider shall comply with all applicable laws, ordinances, and codes
of the federal, state, and local governments, and shall save and hold the SAO harmless
with respect to any damages arising from any violation of the same by the Provider.
14.02 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
7
Contract No. SCA0-2014-029
November 6, 2013
Page 8
Medicare or Medicaid funds, and portions or facilities and used for inpatient drug and
alcohol treatment.
14.03 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 the Elliott Larsen Civil Rights Act, IVICL 37.2101. The
Contractor will also comply with the provisions of the Michigan Persons with
Disabilities Civil Rights Act, MCL 37.1101, and the Federal Rehabilitation Act of 1973, PL
93-112, § 504, 87 Stat 394. The Contractor will comply with the Americans with
Disabilities Act of1990, 42 USC 12101 et seq., 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 performance 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
hottp: wwwaeflahs.gov/grants/award term.html.
15. MICHIGAN LAW
15.01 This contract shall be subject to, and shall be enforced and construed
under, the laws of the state of Michigan.
16, CONFLICT OF INTEREST
16.01 The Provider presently has no personal or financial interest, and shall not
acquire any such interest, direct or indirect, that would conflict in any manner or degree
with the performance of this contract.
17. DEBT TO STATE OF MICHIGAN
17.01 The Provider covenants that it is not, and will not become, in arrears to the
state of Michigan or any of its subdivisions upon contract, debt, or any other obligation
to the state of Michigan or its subdivisions, including real property, personal property,
and income taxes.
18. MEDIA INTERVIEWS AND ADVERTISEMENTS
18.01 Provider shall not participate in any media interviews or advertisements,
including, but not limited to, discussions with journalists and the issuance of press
8
C,ontra.ct No. SCA0-2014-029
November 6, 2013
Page 9
releases, or statements relating to the duties performed in this contract, without prior
SCAO approval.
19. DISPUTES
19,01 The Provider shall notify the SCAO in writing, of the Provider's intent to
pursue a claim against the SAO for breach of any term of this contract within seven
days of discovery of the alleged breach.
19.02 The Provider and the SAO agree that with regard to any and all disputes,
controversies, or claims arising out of or in connection with or relating to this contract;
or any claim that the SAO violated any local, state, or federal ordinance, statute,
regulation, law, or common-law doctrine (including discrimination or civil rights
claims); or committed any tort; the parties shall attempt to resolve the dispute through
mediation. Selection of a mediator will be by mutual agreement of the parties.
- 19.03 The Provider and the SAO agree that, in the event that mediation is
unsuccessful, any disputes, controversies, or claims shall be settled by arbitration.
Selection of an arbitrator will be by mutual agreement of the parties. The decision of the
arbitrator shall be binding on both parties. The award, costs, and expenses of the
arbitration shall be awarded at the discretion of the arbitrator. This agreement to
arbitrate shall be specifically enforceable. A judgment of any circuit court shall he
rendered upon the award made pursuant to submission to the arbitrator.
20. ENTIRE AGREEMENT
20.01 This contract contains the entire agreement between the parties and
supersedes any prior written or oral promises and representations. No other
understanding, oral or otherwise, regarding the subject matter of this contract exists to
bind either of the parties.
21. AMENDMENT
21.01 This contract may be amended only upon written agreement of the parties.
9
Contract No. SCA0-2014-029
November 6, 2013
Page 10
22, DELIVERY OF NOTICE
22.01 Written notices and communications required under this contract shall be
delivered by electronic mail, regular mail, overnight delivery, or facsimile device to the
following:
A. The Provider's contact person is:
Suzanne HoRyer
Oakland County Friend of the Court
230 Elizabeth Lake Road
Pontiac, Michigan 48390
hollyerspoakgov.com
B. The SCAO's contact person is:
Michelle linker
Financial and Statistical Management Analyst
State Court Administrative Office
Office of Dispute Resolution
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
hillikerm@courts.mi.gov
10
Contract No. SCA0-2014-o29
November 6, 2013
Page it
.t=. 3. SIGNATUPF, tF PARTIES
23.o1 This contract becomes effective when signed by the parties.
IN WITNESS WHEREOF, the SCAO and 6th Circuit Court, have executed this
contract:
6th Circuit Court
By;
(printed or typed name)
STATE COURT ADMINISTRATIVE OFFICE
By:
Date:
Date:
Dawn Monk
Deputy State Court Administrator
11
Access and Visitation Grant Program 'Funding
Application for FY 2014
Friend of the Court:
FOC address:
FOC city, state, awid zip code:
POC conbct:
VOC telephone number:
FOC fax number:
Oakland County Friend -of the Court
230 Elizabeth Lake Road
Pontiac, MI 48390
Suzanne H.ollyer
248-343-55(4
248-858-0503
FOC contact e-mail address: hollyersoakaov.com
Federal ID number: 38604)4876
Total amount requested: $.14,500 or an amount to be upwardly adjusted by SCAO
List all the counties the Oakland
applicant serves:
List the FOCs in joint
agreement;
Types of services to be provided:
(If multiple provaiers are used, please copy and complete the following information for each service provider.)
I Parent F.xehanges (neutral drop-off and pick-up)
[7 Amount allocated for this service $
Direct service provider agency:
Address line I: .
Address line 2:
Contact person: -
Telephone: Fax:
E-mail address:
Enter rate charged to AV contract: (Please check either hourly rate or unit rate)
Hourly rate OR I I Unit rate
Is there a ciientlo-pay? I I Yes I I No
Page 1 of 5
Access and Visitation Grant Program Funding
Application for FY 2013
Types of services to be provided:
of MU Riple produrs are used, please copy and complete the following information for each service provider.)
LX Su pervised .ipairenting time (including monitored and therapeutic)
L i Amount allocated for this service $ 14,500 or more as made
available by SCAO
Direct service provider agency: impact Consulting Services, PC
Address line 1: 3513 Elizabeth Lake Road, Ste. 209
Address line 2: ' Waterford, MI 48328
Contact person: John Neumann
Telephone: 248. 739 11.00 Fax: 248 738 2768
E-mail address: hietimann I 994(i6beglobal,nct
Enter rate charged to AV contract: (Please cheek either hourly rate or unit rate)
El Hourly rate OR I i Unit rate $ sliding scale
Is there a client vo-pay? X Yes I I No
Please note: The total amounts of the award allocated must equal the total amount requested.
Type of direct service provider: Nonprofit Agency I I State Agency
Court Local Public Agency
Applicant service area:
Z Urban Z. Suburban Rural
Of the activitiesjor which you are
requesting funding please note if
participation in the program is
mandatory, voluntary, or both.
Supervised visitation;
Mandatory I Voluntary Both
Neutral drop-off/pick-up
I I Mandatory I 1 Voluntary I I Both
Page 2 of 5
Ac6ess and Visitation Grant Program Fundllng
Appfication for FY 2013.
ro improve the child's well-being
To improve compliance with support orders
Project goals ! (Check all that
apply)
Process of referring parents
to services: (Check all that
apply)
What constitutes- completion
of parent eNchange services?
(Check all that apply)
M To increase custody and parenting time between the
children and noncustodial parents
To increase visitation between noncustodial parent and
custodial parent
N To improve relationships between children and noncustodial.
parents
• To improve the relationship between the noncustodial
parent and the custodial parent
ZI To strengthen noncustodial parent's role as a nurturer within
relationships with their children
—1 To promote public awareness of responsible parenting
E To broaden custody and parenting time options for children
interview with parent or guardian
ri Written request from custodial parent or guardian
Written request from noncustodial parent or guardian
• Interview with custodial parent
Interview with noncustodial parent
1 I Interview with judge
• Interview with court officer
Interview with children
Interview with another individual
Other (describe):
H Order of the court
Friend of the court recommendation
n Custodial parent's consent
Direct service provider's recommendation
El Noncustodial parent attend all scheduled exchanges
N Not applicable because this service is not provided
I I Other (describe):
Page 3 of 5
icci ss and Visitaiion Grant Program Funaig
Appncadon for FY 201'3
What constitutes completio a of
supervised parenting fine
services? (Check all that apply)
Order of the court
Vi Friend of the court recommendation
M Custodial parent's consent
X Direct service provider's recommendation
Noncustodial parent attend all scheduled supervised
custodial and parenting time sessions
r- Not applicable because ibis service is not provided
Other (describe):
What follow-up -activities are ri Satisfaction surveys are mailed at the conclusion of
provided to parties receiving services
parent exchange services? (Check Li Telephone contact at the conclusion of . services all that apply) r No follow-up activities are provided
ri Other describe):
What follow-up activities are
provided to parties receiving
supervised parenting time
services? (Check all that apply) ii
I 1
Satisfaction surveys are mailed at the conclusion of
services
Telephone contact at the conclusion of services
No follow-up activities are provided
Other (describe):
What sanctions may be applied to
parties who fail to comply with an
order or recommendation to
participate in parent exchange
services?
What sanctions may be applied to
parties who fail to comply with an
order or recommendation to
participate in supervised
parenting time s,ervices?
I No sanctions arc applied
Not applicable because participation in services is
voluntary
Other (describe):
No sanctions are applied
A Not applicable because participation in services is
voluntary
Other (describe):
Page 4 of 5
Applicant Signature:
Friend of the Court
If 1-i'OC applicant was funded in the prior year, 'what percentage of
cases, in -which AV services were provided, were actively charging
child support? 82%
FCC applicant was funded in the prior year, what percentage of
cases, in which A'/ services were provided, involved domestic violen ce CO ncerns?
36%
Safeguard Plan: [7,1 By checking this boy, we assert dint the direct service provider's
Safeguard Plan has been reviewed by the FOC, and is maintained
on file with the FCC.
Note: Do not send a copy of the Safeguard Plan to the SCAO.
Terms and
Z By checking this box, we assert that our FOC and any direct
Conditions: service providers will comply with the Terms and Conditions of
the State Access and Visitation Program Grant. Sec Attachment D
for Terms and Conditions,
Offices applying for combined awards most include the signatures of joint FOC applicants.
Friend of the Court
Court Name Date
Friend of the Cou'rt Court Name Date
Friend of the Court
Court Name Date
Page 5 of 5
Attachment D
CHIME,
ADNINISTRATFON FOR
FAMIU ES
Office of Crants Management
Division of Mandatory Grants
370 L'Erifont Promenade, SW
Washington, DC 20447
GENERAL TERMS AND CONDITIONS
MANDATORY FORMULA, BLOCK and ENTITLEMENT GRANT PROGRAMS
Except as noted otherwise, these Terms and Conditions apply to all mandatory grant progr
a
m
s
a
d
m
i
n
i
s
t
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r
e
d
b
y
the Administration for Children and Families (see Appendix A). Please also review the s
p
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c
i
f
i
c
A
d
d
e
n
d
u
m
t
o
these Terms and Conditions applicable to each individual grant program.
By acceptance of the individual awards, each grantee agrees to comply with these req
u
i
r
e
m
e
n
t
s
.
F
a
i
l
u
r
e
t
o
comply may result in the loss of Federal funds and may be considered grounds for the suspe
n
s
i
o
n
o
r
t
e
r
m
i
n
a
t
i
o
n
of the grant.
WOMIKtigfii
1. These programs are governed by the following Federal regulations;
• 2 CFR Part 225- Cost Principles for State, Local and Indian Tribal Governments;
45 CFR Part 16 Procedures of the Departmental Grant Appeals Board;
• 45 CFR Part 30- Claims Collection;
- 45 CFR Part 76 - Debarment and Suspension from Eligibility for Financial Assistance.
(Nonprocurenient);
45 CFR Part 80- Nondiscrimination Under Programs Receiving Federal Assistance: thro
u
g
h
t
h
e
.
Department of :Health and Human Services, Effectuation of Title VI of the Civil Rights Act of 1964;
45 CFR Part 81 - Practice and Procedure for l-tearings Under Part 80 of this Title;
• 45 CFR Part '84- Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving
Federal Financial Assistance;
45 CFR Part 86-Nondiscrimination on the Basis of Sex in Education Programs and Activities
Receiving or Benefiting from Federal Financial Assistance;
45 CFR Part 87-Equal Treatment for Faith-Based Organizations;
45 CFR Part 91 -Nondiscrimination on the Basis of Age in HHS Programs or Activities Rec
e
i
v
i
n
g
Federal Finer-1'61a' Assistance;
• 45 CFR Part 92 — Uniform Administrative Requirements for Grants and Cooperative Agreements to
State, and Lodal, and Tribal Governments
• 45 CFR Part 63 -New Restrictions on Lobbying;
45 CFR Part '?,5- General Administration -Grant Programs;
• 45 CFR Part in° -Intergovernmental Review of Department of Health and Human Services
Programs anc.l. Activities.
2. These programs are,governed by Office of Management and Budget Circular A-133 1 "Audits of States, Local Governments, end Non-Profit Organizations," issued pursuant to the Single Audit Act o
f
1
9
8
4
(
P
u
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l
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Law 98-502) and the ,Single Audit Act Amendments of 1996 (Public Law 104-156).
3. in accordance with PUblio Law 103-333, the "Departments of Labor, Health and Human Ser
v
i
c
e
s
,
a
n
d
Education, and Related Agencies Appropriations Act of 1995," the following provisions
a
r
e
a
p
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l
i
c
a
b
l
e
t
o
t
h
e
mandatory grant prodr:arns:
Section 507: 'Purchase of American-Made Equipment and Products - Its the sense of the Cong
r
e
s
s
that, to the grotest extent practicable, all equipment and products purchased with funds made
available in this Act should be American-made."
Section 508: ',When issuing statements, press releases, requests tor proposals, bid solicitations an
d
other doc.:umehts describing projects or programs funded in whole or in part with Federal money, ail States receiving Federal funds, including but not limited to State and local governments and
recipients of Federal research grants, shall clearly state (1) the percentage of the total costs of t
h
e
program or project which will be financed with Federal money, (2) the dollar amount of Feder
a
l
f
u
n
d
s
for the project or program, and (3) percentage and dollar amount or the total costs of the project or program that will be financed by nongovernmental sources.'
5. .",,iimob.ag_FAQ/7ibrbion, 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 th
e
p
r
o
v
i
s
i
o
n
o
f
health, day care, education, or library services to children under the age of 18, if the services are fu
n
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e
d
b
y
Federal programs wither directly or through iState or local governments. Federal programs inclu
d
e
g
r
a
n
t
s
,
cooperative agreements, loans and loan guarantees, and contracts The law does not app
l
y
t
o
c
h
i
l
d
r
e
n
'
s
services provided in private residences, facilities funded solely by Medicare or Medicaid funds,
a
n
d
p
o
r
t
i
o
n
s
or facilities and used for inpatient drug and alcohol treatment.
The above languagei'must be included in any subawards that contain provisions for childre
n
'
s
s
e
r
v
i
c
e
s
a
n
d
that all sub-granteesthalt certify compliance accordingly. Failure to comply with the provisions
o
f
t
h
i
s
l
a
w
may result in the impbsition of a civil monetary penalty of up to $1,000 per day,
6.Flp/igiciiidiL_eri6i)mitions. Direct Federal grants, sub-awards, or contracts under these programs shall
not be used to suppOrt inherently religious activities such as religious instruction, worship,
o
r
p
r
o
s
e
l
y
t
i
z
a
t
i
o
n
.
Therefore, organizations must take steps to separate, in time or location, their inherently religiou
s
a
c
t
i
v
i
t
i
e
s
from the services funded under these programs. (See 45 OFF 87)
7. L. Federal grant funds provided under these awards may not be used by the grantee or
any sub-grantee to s'yppol lobbying activities to influence proposed or pending Federal or
S
t
a
t
e
l
e
g
i
s
l
a
t
i
o
n
or 'appropriations. This prohibition is related to the use of Federal grant funds and is not intended to
a
f
f
e
c
t
a
n
individual's right or that of any organization, to petition Congress, or any other level of Govern
m
e
n
t
,
t
h
r
o
u
g
h
the use of other resources, (See 45 CFR 93.)
8. Homan Trafficking Provisions. 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 f
o
u
n
d
a
t
http://wyy_w_actliftszo t_e_n,litill
9. Larisparency Act Requirements. Awards under these programs are included under the provisions of P.L. 109-282, the "Federal Funds Accountability and Transparency Act of 2006" (FFATA). Under t
h
i
s
s
t
a
t
u
t
e
,
t
h
e
State is required to report information regarding executive compensation and all subgrants, co
n
t
r
a
c
t
s
a
n
d
subcontracts in exceSs of $26,000 through the Federal Subaward Reporting System (https://www.fsr
s
.
g
o
v
D
and in accordance vkh the terms found in Federal regulations at 2 CFR Part 170, including
A
p
p
e
n
d
i
x
A
.
10. •gnstructioLamtibitiatig. Unless superseded by program-specific regulations, these awards may not be used for construction or the purchase of land,
General Terms and Conci[tions- Manda[ory Grant Programs
81JB
11. Grantees are required to determine recipient type when sub-granting or contracting using Federal funds. In
accordance with the i.itandards set in OMB Circular A-133, the determination is based on the substance of
the relationship with the grantee, rather than the form of the agreement.
The presence Of one or more of the following conditions would indicate that the sub-recipient should be
considered a stibprantee and is subject to the provisions of OlVIB Circular A-133:
a. Determines who is eligible to receive what Federal financial assistance;
b. Has its performance measured against whether the objectives of the Federal program are met;
c. Has responsibility for programmatic decision making;
ft Has responsibility for adherence to applicable Federal program compliance requirements;
e. Uses the Federal funds to carry out a program of the organization as compared to providing goods
or services for a program of the pass-through entity;
The presence of one or more of the following conditions would indicate that the sub-recipient should
be considered a.veruior and is not subject to the provisions of OMB Circular A-133:
a. Provides the;goods and services within normal business operations;
b. Provides sirntlar goods or services to many different purchasers;
c. Operates in.a competitive environment;
d. Provides gods or services that are ancillary to the operation of the Federal program;
e. Is not subject to compliance requirements of the Federal program.
12, No organization may participate in these programs in any capacity or be a recipient of Federal fun
d
s
designated for thesel programs if the organization has been debarred or suspended or otherwise found to
b
e
ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment a
n
d
Suspension." (See 45 CFR 92.35.) Grantees must include a similar term and/or condition for all sub-awards
or contracts awarded under these programs. Prior to issuing subawards or contracts under this grant, the
grantee must consulfithe ineligible parties list to ensure that organizations under funding consideration
a
r
e
not ineligible. The list is available on the System for Award Management website: https://www.sarn.gov .
13 Each grantee is res1!5Onsible for monitoring grant, sub-recipient and contract supported activities to assur
e
compliance with Federal requirements and that performance goals are being achieved. Grantee monitoring
must cover each prOgrarn, function and activity. (See 45 CFR 92.40.)
14, Each grantee is recOired to advise sub-recipients of requirements imposed on them by Federal laws,
regulations, and thoi iprovisions of grant agreements or contracts as well as any supplemental requirements
imposed by the Grantee. These include grant administrative requirements under 46 CFR Part 92, audit
requirements under OMB Circular A-133 (where applicable) and cost principles according to recipient type,
Non-Profit Organizations; 2 CFR Part 230;
Educational Institutions: 2 OFF Part 220;
Commercial Vendors or Subcontractors: 48 CFR Part 31.
15. Grantees must ensu're that any sub-recipient that expends Federal funds totaling $500,000 or more during
the course of its fiscal year must arrange for a financial audit in compliance with the requirements of OMB
Circular A-133.
GeneraiTorrns and Conditions- m.ancNtory Grant Programs
N
16. For some mandatory gract programs, the grantee is required to provide a portion of program funding, as
specified in Federal law.
In most instances,'. all of the non-Federal share of funding for these programs will be appropriated
specifically for that purpose by a State legislature or provided through other grantee funding sources;
Third party in-kind contributions may not he used as the non-Federal share of any program expenditure,
unless specifically allowed for that purpose in the Federal statute applicable to that program
Donated funds rri.ly be used as the non-Federal share under the following conditions:
a, The donor may specify the activities to be supported by the donation, but may not be a sponsor or operator of the specified activity. Any specified activity must be an allowable expense under aii
applicable , laws, regulations and policies governing these programs;
b, The donor may specify the geographic area in which the specified activity is to be provided;
fiNARGIAL432PORTING
16, Grantees are required: to file periodic financial reports either quarterly, semiannually or annually for each
program, in accordance with specific program requirements,
17. All grantees are requested to file these reports electronically through the ACF On-Line Data Collection
(OLOC) system. OLDC requires electronic signatures from the authorized grantee officer or official. (See
Action Transmittal OA7ACF-AT-01-05, issued January 24, 2005.) When electronic reports are completed and
submitted, no paper Submission is required,
18. For any grantee the elects to submit paper copies of the required periodic financial report, send a copy with an
original signature to the financial office. (See "important Addresses," below.) When stipulated by specific
program requirementJ,, send a second copy of each report to the appropriate Regional Grants Officer.
GR
17. Payments under thee grants will be made through the Department of Health and Human Services' Payment
Management System,(PMS). The State must comply with requirements imposed by the PMS on- line syste
m
.
Please direct any questions concerning grant payments to the payment office, (See Important Addresses,"
below).
o Financial Office: Administration for-Children and Families
Office of Grants Management
Division of Mandatory Grants
370 L'Enfant Promenade, S.W., 6 1- Floor East Washington, D.C. 20447
Fax: (202)401-5644
Payment Office: U.S. Department of Health and Human Services
Division of Payment Management
Payment Management System (FMS)
P.O. Box 6021
Rockville, Maryland 20852
Contact: PMS Help Desk
Phone: (877) 614-6533
Internet site: httb://www.dpm psc.gov
EN,
GengraiTerms and Conditions- Mandatory Grant Programs
auFf2acti iviivaDzi, The US, Government Accountability Office (GAO) maintains 1:±auclilEilti, a
system for reporting allegations of fraud, waste and abuse under Federal grants and cooperative
agreements. Reports are kept confidential; you need not provide your name. Information provided
through the Internet web site is secure and all information is safeguarded against unauthorized
disclosure. Report the possible misuse of federal fonds, by mail, phone, fax or email. Please
provide as much detailed information as possible in your report,
Phone:
- Fax:
E-mail:
-
(800) 424-5454;
(202) 512-3086;
fraudnet@gao.gov
GAO FraudNET
441 G Street N.W.
Washington, D.C. 20548
General Terms and Conditions- Mandatory Grant Programs
Appendix A iViand;iton; Grant PrOgraMS -AdminiStratiori for Children and Families
Administration of Children, Youth and l7.1milies
1, Abstinence Education
2. Adoption Assistance
3. Adoption Incentive Payments
4, Chafee Education and State Vouchers
5. Chafee Foster Care Independence
6. Child Abuse and Neglect
7. Children's Justice Act
8. Community-Based Family Resource and Support
9. Family Violence Prevention and Services
10. Foster Care
11. Guardianship Assistance
12. Personal Responsibility Education
13. Promoting Safe and Stable Families
'14. PSSF Caseworker Visitation
15. State Court improvement- Basic
16. State Court Improvement- Data
17, State Court Improvement- Training
18. Statewide Domestic Violence Coalition
19. Stephanie Tubbs Jones Child Welfare Social Services
(Title V of the Social Security Act)
(Title IV-E of the Social Security Act)
(TitleIV-E. of the Social Security Act)
(Title IV-B of the Social Security Act)
(Title IV-B of the Social Security Act)
(CAPTA- Child Abuse Prevention and Treatment Act)
(CARTA- Child Abuse Prevention and Treatment Act)
(CAPTA- Child Abuse Prevention and Treatment Act)
(CAPTA- Child Abuse Prevention and Treatment Act)
(Title IV-F of the Social Security Act)
(Title IV-E of the Social Security Act)
(Title V of the Social Security Act)
(Title IV-B of the Social Security Act)
(Title IV-B of the Social Security Act)
(Title IV-E of the Social Security Act)
(Title IV-E of the Social Security Act)
(Title IV-E of the Social Security Act)
(FVPSA- Family Violence Prevention and Services Act)
(Title IV-B of the Social Security Act)
Offl"
20, Child Care Development Fund -Mandatory and Matching
21. Child Care Development Fund-Reprogramming
22. Tribal Construction
Office of Community Service
23. Community Service Blo.pk Grant
24, Low Income Home Enegy Assistance
25, Low Income Home Energy Assistance- Leveraging
26, Low Income Home Energy Assistance-Residential Energy Assist Challenge
27, Social Services Block Grant
calittg_a • ,***' ..._sarcement
28 Child Support Enforcement —States (Title IV-D of the Social Security Act) 20. Child Support Enforcement-Tribes (Title IV-D of the Social Security Act) 30. State Access and Visitation
(Title IV-D of the Social Security Act)
Families- States
Families- Territories
Families- Tribes
Families- Contingency
atti=.9.11.01i.V.A1515.1,g=.
31, Native Employment Works
32, Temporary Assistance for Needy
33. Temporary Assistance for Needy
34. Temporary Assistance.for Needy
35. Temporary Assistance for Needy
(Title IV-A of the Social Security Act)
(Title IV-A of the Social Security Act)
(Title IV-A of the Social Security Act)
(Title IV-A of the Social Security Act)
(Title IV-A of the Social Security Act)
affl..C.R...91.13.011=11.W.Mlat
36. Refugee Cash and Medical Assistance
37. Refugee Social Services
38, Refugee Targeted Assistance
CHILDRFT\
A D:.1 STKA TEC)N FOR
FAM1
TERMS and CONDITIONS ADDENDUM: ADDITIONAL FINANCIAL REQUIREMENTS
OFFICE OF CHILD SUPPORT ENFORCEMENT
BIA:11:11\0.QtaNDIKEIDILEED.SiRAM.
Catalog of Federal Doniesilc Assistance (CFDA) Prognim C0.955.97
By acceptance of this award the grantee agrees to comply with the General Terms and Conditions and the
additional requirements below applicable to this program.
APPLICABLE LEGISLATION, STATUTE, REGULATIONS.
1. The administration of this program is based on:
statutory requirements of Part 0 of Title IV of the Social Security Act (specifically, §4698 of the Act),
the approved State application and plan, including all approved amendments or revisions,
applicable Federal regulations, program policies and instructions.
NON-EEDERALSFIARE OFPROGRAM FUNDING
2. For this program, States are required to provide 10 percent of program funding. (The requirement t
o
provide a 10 percent share of total program expenditures is not applicable to Guam or the Virgin Isl
a
n
d
s
.
)
3. The State share Of funding may include funds appropriated by the State legislature, local funds or cas
h
o
r
in-kind contributions.
PROGRAM INCOME
4. Program income is any amount received by the State generated directly from any activity supported by
and allocable to the Access and Visitation Program.
5, No State or any sub-recipient is required by Federal law or regulation to charge fees for services provi
d
e
d
or to earn any other type of program income as a condition of participation in this program
6. Where any State Or sub-recipient elects or is required by State or local law to charge fees for services
provided or to earn any other type of program income, the entire amount earned must be expended by
the State or sub recipient for the purposes of providing services under the Access and Visitation program
and in accordance with the applicable Terms and Conditions
7. Program income constitutes a third source of program funding (in addition to the Federal and State
shares). The Slate must identify its program income and make the determination how to utilize and repo
r
t
it in one of two categories, or report a portion of its total program income in each category (See 45 CFR
92.25(g)(1) and (g)(2)). Program income is reported on the expenditure reports submitted by the State.
a. Deduction alternative (Report on Line -10m, Form SF-125). income in this category is used to offset existing program costs and is deducted from the State's total allowable program costs to
determine the net allowable program costs. Program income reported in this category will
proportionally reduce both the Federal and State shares of program funding during the project
period. The total amount of funds available during the project period will not change.
h. Addition alternative (Report on Line 10n,rori SF-425). Income in this category is used to increase the total amount of fonds available to the program during the project period. The State
$21,000
$21,000
($ 6,500)
(;_1(1)
$14,500
$14.500
C/9y1M1)TTEE
/ 14-7'
FISCAL NOTE (MISC.. #13316) December 12, 2013
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: FRIEND OF THE COURT - FY2014 ACCESS AND VISITATION GRANT - APPLICATION/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 $14,500. The grant period is October
1, 2013 through September 30, 2014,
2, The grant is for contracted services to be performed in conjunction with agencies that facilitate parenting
time (visitation) for certain cases as determined by the Court.
3. There are no in-kind or County matching funds required.
4. A budget amendment is recommended to the FY 2014 Adopted Budget as follows:
Special Revenue Fund 27120 FY 2014 FY 2014 FY 2014
Grant #GR0000000282 Activity GLB, Analysis Type GLB Adopted Budget Amended
Budget Amendment Budget
Revenue
3010404-126030-610313 Grants-Federal
Total Revenue
Expenditure
3010404-126030-731458 Professional Services
Total Expenditure
$21,000 ($650O $14,500
$21,000 ($ 6,500) $14,500
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Scott and Matis absent.
Resolution #13316 December 12, 2013
Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Zack, Bosnic, Crawford, (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
/)---Ac7/
HEREBY APPROVE-T4S RESOUrrni,,t
CHIEF DEPUTY COUNTY .C.f-E(Vmh:
ACTING PURSUANT TO MOL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 December 12,
2013, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the sea i of the County of Oakland at
Pontiac, Michigan this 12 th day of December 2013.
Lisa Brown, Oakland County