Loading...
HomeMy WebLinkAboutResolutions - 2015.01.29 - 21666MISCELLANEOUS RESOLUTION #15010 January 29, 2015 BY: Public Services Committee, William Dwyer, Chairperson IN RE: FRIEND OF THE COURT FY2015 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 (FOG) grant funding in the amount of $12,000 for the period of October 1, 2014 through September 30, 2015; and WHEREAS this is the eighteenth (18th) 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 FOC; and WHEREAS the grant award has been approved by the County Executive's review process in accordance with the BOard of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2015 Access and Visitation Grant Agreement from SCAO in the amount of $12,000 for the period of October 1, 2014 through September 30, 2015. 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 $12,000. BE IT FURTHER RESOLVED that the FOC 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 SERVICES COMMITTEE VOTE: Motion carried unanimously on a roll call vote. GRANT REVIEW SIGN OFF — Friend of the Court GRANT NAME: FY2015 Access and Visitation Grant FUNDING AGENCY: State Court Administrative Office DEPARTMENT CONTACT PERSON: Suzanne Hollyer 248 858-0431 STATUS: Grant Application/Acceptance DATE: November 24, 2014 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 Department of Management and Budget; Approved. — Laurie Van Pelt (11/18/2014) Department of Human Resources: HR Approved (No Committee) —Lan Taylor (11/18/2014) Risk Management and Safety: Approved by Risk management. — Robert Erlenbec,k (11/19/2014) Corporation Counsel: There appear to be no unresolved legal issues. Heather Lewis (11/24/2014) 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://wv6N.archives.gov/federal-reWster/codification/executive-order/12549.html Federal Environmental Tobacco Smoke "Pro-Children Act of 1994" http://www.cdc.gov/tobacco/rescarch dataiyouth/464119.htm Michigan Civil Rights Act (19'76 P.A. 453) htto://www.legislature.mi.gov/(S( eavsv4bg0rodowv 1 wby1Y03.0)/mileg.aspx7page=getobi ect&obi ectnarae -mcl-Act-453 -of- 1976 Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976" http://www.le eislature.mi gov/(uq3lxgeltmrj5z55z2uiwv45)/niiieg.aspx?o ae=getobi ect&obj eciname=mcl-Act- • 220-of-1976&quervid=14718589 The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) http://www.dol.govioasam/res/statutes/sec504.htm Americans with Disabilities Act of 1990 www.ada.gov/pubs/ada,htm Trafficking Victims Protection Act of 2000, Section 106 http://www.state.gov/g/tip/rIsitimpt/2007/86205,1tm . Cost. Principles for State, Local and Indian Tribal Governments ( O M B C I R C U L A R A - 8 7 ) ( 2 C F R P a r t 2 2 5 ) http://www.access.gpo.govhiarecfr/waisidx 08126225 08.1-rtml From: To: Cc: Subject: Date: VanPelt. Laurie "West. Catherine"; "Arlie Secontine"; "Lori Taylor"; "Pat Davis" "Hoilver. Suzanne"; "Falardeau. Nancy" RE: GRANT REVIEW: Friend of the Court - FY2015 Access and Visitation Grant - Acceptance Tuesday, November 18, 2014 3:49:05 PM Approved. From: West, Catherine [mailto:westca©oakgov.corn] Sent: Tuesday, November 18, 2014 3:32 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Hollyer, Suzanne; `Faiardeau, Nancy' Subject: GRANT REVIEW: Friend of the Court - FY2015 Access and Visitation Grant - Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY2015 Access and Visitation Grant Sate Court Administrative Office (SCAO) 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 25, 2014 GRANT INFORMATION Date: November 18, 2014 Operating Department: Friend of the Court Department Contact; Suzanne Hollyer Contact Phone: 248-858-0431 Other ID Number: SCAO-2015-024 REVLEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2014 —September 30, 2015 New Facility/Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None Funding Continuation/New: Continuation Application Total Project Amount: $12,000 (or an amount to be upwardly modified by SCAO From: To: Cc: Subject: Date: Taylor. Lori "West, Catherine"; "Vie Secontine"; "Laurie VanPelt"; "Pat Davie "Hollyer. Suzanne"; 'Falardeau. Nancy' RE: GRANT REVIEW: Friend of the Court - FY2015 Access and Visita t i o n G r a n t - A c c e p t a n c e Tuesday, November 18, 2014 4:10:01 PM HR Approved (No Committee) • Lori Taylor ..Manager-Human Resources • Recruitthent & Workforce Planning • Oakland County Michigan 2100 Pontiac Lake Road • Waterford, MI 48328 tayloriol@oakgov,om www.oak.gov.com/jobs Phone:. 248-858-0548 Fax: 248-858-8391 From: West, Catherine [mailto:westca@oakgov.corn] Sent: Tuesday, November 18, 2014 3:32 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Hollyer, Suzanne; 'Faiardeau, Nancy' Subject: GRANT REVIEW: Friend of the Court - FY2015 Access and Visitatio n G r a n t - A c c e p t a n c e GRANT REVIEW FORM TO: REVIEW DEPARTMENTS— Laurie Van Pelt — Lori Taylor — J u l i e S e c o n t i n e — P a t D a v i s RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY2015 Access and Visitation Grant State Court Administrative Office (SCAO) 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 D I S A P P R O V A L , w i t h s u p p o r t i n g comments, via reply (to all) of this email. Time Frame for Returned Comments: November 25, 2014 GRANT INFORMATION Date: November 18, 2014 Operating Department: Friend of the Court Department Contact: Suzanne Hollyer From: TO Cc: Subject: • Date: Erienbeck, Robert "West, Catherine"; "Julie Secontine"; "Laurie VanPelt"; "Lori Taylor"; "Pat Davis ,' "Holiver, Suzanne"; "Faiardeau, Nancy" RE: GRANT REVIEW: Friend of the Court - FY2015 Access and Visitation Grant - Acceptance Wednesday, November 19, 2014 9:22:06 AM Approved by Risk management. R.E. 11-19-14. Robert Erienbeck, Risk Management ,Off ce: 248458-1694 CeIJ: 248-421-9121 Office schedule: Monday through Thursday 7:00 to 5:30 From: Easterling, Tern Emailto:easterlingt©oakgov,comi Sent: Wednesday, November 19, 2014 7:36 AM To: 'West, Catherine'; 'Julie Secontine; 'Laurie VanPeit'; 'Lori Taylor'; 'Pat Davis' Cc: 11-lollyer, Suzanne'; 'Falardeau, Nancy' Subject: RE: GRANT REVIEW: Friend of the Court - FY2015 Access and Visitation Grant - Acceptance Please be advised that your request for Risk Management's assistance has been assigned to Bob Er Ienbeck, (ext. 8-1694). If you have not done so already, please forward all related information, documentation, and correspondence. Also, please include Risk Management's assignrnent number, RM14-0406, regarding this matter. Thank you. From: West, Catherine [mailto:westca(ftakgov.com] SentCruesday, November 18, 2014 3:32 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Hollyer, Suzanne; 'Falardeau, Nancy' Subject: GRANT REVIEW: Friend of the Court - FY2015 Access and Visitation Grant - Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY2015 Access and Visitation Grant State Court Administrative Office (SCAO) • 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. P tor—, "..XL Prom: To Cc: Subject Date:, Attachments: Lewis, Heather Holiver, Suzanne; West. Catherine; Secontine, 3uli e ; VanPelt, Laurie; Taylor, _en; Davis, Patricia Falardeau, Nancy; Frederick, Candace; Guzzv. S c o t t ; H o l d s w o r t h , A r t ; l e h n s o n , S a n d ; K n o p e . P e n n y ; B e r t o l i n i , P II ; piir. Gala; Scarlet, Nancy; Sonidss, Lynn.; Stolzenfeld, Tracy; Ward, avistoohet; Worth' ,gton , P a m Grant Contract Review Response-Friend of the C o u r t F Y 2 0 1 5 A c c e s s a n d V i s i t a t i o n G r a n t Monday, November 24, 2014 2:54:29 PM OAKLAND 2015 AV FOC Contratn)df There appear to be no unresolved legal issues. COUNTY ICHIG. Heather L Lewis PTNE Oakland County Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East rci Courthouse West Wing Extension, ,, Floor Pontiac, MI 48341 Phone'Number: (248) 8582003 Fax Number: (248) 858.1003 E-mail: lewisheoakgov.00m PRIVILEGED AND CONFIDENTIAL — A1TOR N E Y C L I E N T C O M M U N I C A T I O N This e-mail is intended only for those persons to w h o m i t i s s p e c i f i c a l l y a d d r e s s e d . I t i s c o n f i d e n t i a l a n d i s p r o t e c t e d b y t h e a t t o r n e y - c l i e n t privilege and work product doctrine. This p r i v i l e g e b e l o n g s t o t h e C o u n t y o f O a k l a n d , a n d i n d i v i d u a l a d d r e s s e e s a r e n o t a u t h o r i z e d t o waive or modify this privilege in any way. in d i v i d u a l s a r e a d v i s e d t h a t a n y d i s s e m i n a t i o n , r e p r o d u c t i o n o r u n a u t h o r i z e d r e v i e w o f t h i s information by persons other than those listed a b o v e m a y c o n s t i t u t e a w a i v e r o f this privilege and is therefore prohibited. If you ha v e received this message in error, please notify the s e n d e r i m m e d i a t e l y , i f y o u h a v e a n y q u e s t i o n s , p l e a s e c o n t a c t t h e D e p a r t m e n t o f Corporation Counsel at (248) 858-0550, Thank y o u f o r y o u r c o o p e r a t i o n , Contract between State Court Administrative Office and 6th Circuit Court • Contract No. SCA0-2o15-o24 1. GENERAL PROVISIONS 1.01 This contract is made between the State Court Administrative Office, Lansing, Michigan (SCAO) 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, 2015, 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, SCA0-2015-1024 November 7, 2014 Page 2 of any SCA° 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 fhttps://www.sam.gov/portal/public/SAM/1 . If after executing this Contract the contractor or subcontractor subsequently appears on the Excluded Parties List System, the SCAO may terminate this Contract. 4- SCOPE OF SERVICES • 4.01 Under the direction of the SCAO, 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. 401.02 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:oo p.m. on the following dates: Reporting Period: Due Date to SCAO: 1st Quarter October 1, 2014 — December 31, 2014 January 20, 2015 2nd Quarter January 1, 2015 — March 31, 2015 April 20, 2015 . 3rd Quarter April 1, 2015 — June 30, 2015 July 20, 2015 4th Quarter July 1, 2015 — September 30, 2015 October 7, 2015 2 Contract No. SCA0-2015-024 November 7, 2014 Page 3 4.01.04 Permit the SCAO 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 ease 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 SITPPLANTING 5.01 The SCAO agrees to pay the Provider a sum not to exceed $12,000.00 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. SCA0-2015-024 November 7, 2014 Page 4 5.04 Funding provided by this Agreement may not be used 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 IV-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-I) 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 I-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 SCAO. 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 SCAO. 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 SCAO, unless disclosure is required by law or court order. If disclosure is required by law or court order, SCAO will be notified of the request before disclosure. The Provider agrees to return all confidential or proprietary information to the SCAO immediately upon the termination of this contract. 4 Contract No. SCA0-2015-024 November 7, 2014 Page 5 9. RIGHTS TO WORK PRODUCT 9.01 All reports, programs, manuals, tapes, listings, documentation, and. any other work product prepared by the Provider under this contract, and amendments thereto, shall belong to the SCAO and are subject to 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 SCAO 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 SCAO. WRIIMN DISCLOSURE .0.01. 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. Lt. INSURANCE um 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. SCA0-2015-024 November 7, 2014 Page 6 12. INDEMNITY 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 SCAO 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 SCAO 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. SCA0-2015-024 November 7, 2014 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, used by the Provider pursuant to the Provider's performance under this contract. 12.04 The Provider warrants that it is not subject to any nondisclosure, . noncompetidon, or similar clause with current or prior clients or employers that will interfere with the performance of this contract. The SCAO wffi 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 SCAO. 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 SCAO 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. SCA0-2015-024 November 7, 2014 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, MCL 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 of 1990, 42 MC 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 io6(g) of the Trafficking Victims Protection Act of 2000 (22 USC 7104). The full text of this requirement is found at http://www.acf.hhszovigrants/award terxn.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. is. MEDIA INILRVIEWS 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 Contract No. SCA0-2015-024 November 7, 2014 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 SCAO for breach of any term of this contract within seven days ofdiscovery of the alleged breach. 19.02 The Provider and the SCAO 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 SCAO 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 SCA.0 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 be 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. 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: 9 Contract No. SCA0-2015-024 November 7, 2014 Page 10 A. The Provider's contact person is: Suzanne Hollyer Oakland County Friend of the Court 230 Elizabeth Lake Road Pontiac, Michigan 48390 B. The SCAO's contact person is: 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 hillikerrnpcourts.mi.gov 23. SIGNATURE OF PARTIES 23.01 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: Dawn Monk Deputy State Court Administrator Date: Date: 10 SUZANNE HOLLYER FRIEND OF THE COURT PliONE: (248) 858-0424 Oakland County Friend of the Court FRIEND OP THE COURT BLDG 2 230 ELIZABETH LAKE ROAD PONTIAC, MI 483414434 MAILING ADDRESS: P.O.BOX 436012 PONTIAC, MI 48343-6012 w4bsitel www.oakgov.camiloc October 2, 2014 PETER K. DEVER PAMELA J. SALA JEANETTE MIRACLE- LESHAN CHIEF ASSISTANTS FAX: (248) 858-0461 Michelle Hilliker Office of Dispute Resolution State Court Administrative Office Box 30048 Lansing MI 48909 Fax: 517.373.5748 Dear Ms. Hilliker, Enclosed is the Access and Visitation application for the FY 2015. Please feel free to contact me directly if you have any question about this. Siocerely, Uzanpe Hollyer Oakland County Friend of the Court enclosures Access and Visitation Grant Program Funding Application for FY 2015 Friend of the Court: FOC address; Oakland County Friend of the Court 230 Elizabeth Lake Road FOC city, state, and zip code: Pontiac, NI 48390 FOC contact Suzanne Flollyer FOC telephone number: FOC fax number; FOC contact e-mail address: Federal ID number: Total amount requested: List all the counties the applicant serves: 248-343-5514 248-858-0503 hollyersaoakgov.com 386004876 $12,000 or an amount to be upwardly adjusted by SCAO Oakland List the FOCs in joint agreement: Types of services to be provided: (If multiple providers are used, please copy and complete the following information for each service provider.) Parent Exchanges (neutral drop-off and pick-up) El Amount allocated for this service S Direct service provider agency: Address line 1: Address line 2: Contact person: Telephone: Fax: E-mail address: Enter rate charged to AV contract: (Please cheek either °tidy rate or unit rate) 0 Hourly rate OR E Unit rate S Is there a client co-pay? Yes 1-1 No Page 1 of 5 Access and Visitation Grant Program Funding Application for FY 2015 Types of services to be provided: (If multiple providers are used, please copy and complete the following information for each service provider.) E Supervised parenting time (including monitored and therapeutic) 0 Amount allocated for this service $ 12,000 or more as made available by SCAO Direct service provider agency: Impact Consultinl Services, PC Address line 1: 3513 Elizabeth Lake Road, Ste. 209 Address line 2: Waterford, MI 48328 Contact person: John Neumann Telephone: 248 739 1100 Fax: 248 738 2768 E-mail address: Jueumann1994Asbcg1obal-net Enter rate charged to AV contract: (Please check either hourly rate or unit rate) Ei Hourly rate OR 0 Unit rate $ slidiug_scale Is there a client co-pay? Yes 0 No Please note: The total amounts of the award allocated must equal the total amount requested. Type of direct service provider: O Nonprofit Agency El State Agency Eli Court E Local Public Agency El Urban IZ Suburban El Rural Supervised visitation: n Mandatory P Voluntary El Both Neutral drop-off/pick-up Mandatory P Voluntary P Both Applicant service area: Of the activities for which you are requesting funding please note if participation in the program is mandatory, voluntary, or both. Page 2 of 5 Access and Visitation Grant Program Funding Application for FY 2015 Project goals: (Check all that apply) Process of referring parents to services: (Check all that apply) What constitutes completion of parent exchange services? (Check all that apply) El To improve the child's well-being El To improve compliance with support orders El To increase custody and parenting time between the children and noncustodial parents <1 To increase visitation between noncustodial parent and custodial parent 1,11 To improve relationships between children and noncustodial parents To improve the relationship between the noncustodial parent and the custodial parent E To strengt, hen. noncustodial parent's role as a nurturer within relationships with their children 0 To promote public awareness of responsible parenting IZ To broaden custody and parenting time options for children El Interview with parent or guardian C Written request from custodial parent or guardian 0 Written request from noncustodial parent or guardian ZI Interview with custodial parent [Z Interview with noncustodial parent El Interview with judge El Interview with court officer 0 Interview with children Interview with another individual D Other (describe): El Order of the court El Friend of the court recommendation E Custodial parent's consent Direct service provider's recommendation O Noncustodial parent attend all scheduled exchanges E Not applicable because this service is not provided 0 Other (describe): Page 3 of 5 Access and Visitation Grant Program Funding Application for FY 201 5 What constitutes completion of zN, Order of the court supervised parenting time Friend of the court recommendation EI Custodial parent's consent Direct service provider's recommendation E Noncustodial parent attend all scheduled supervised custodial and parenting time sessions 0 Not applicable because this service is not provided n Other (describe): What follow-up activities are El Satisfaction surveys are mailed at the conclusion of provided to parties receiving services parent exchange services? (Check 0 Telephone contact at the conclusion of services all that apply) 0 No follow-up activities are provided El Other describe): services? (Check all that apply) What follow-up activities are provided to parties receiving supervised parenting time services? (Check all that apply) 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 services? Ei Satisfaction surveys are mailed at the conclusion of services Telephone contact at the conclusion of services ri No follow-up activities are provided I21 Other (describe): 0 No sanctions are applied 0 Not applicable because participation in services is voluntary E Other (describe): L No sanctions are applied (El Not applicable because participation in services is voluntary Other (describe): Page 4 of 5 (6 Date If FOC applicant was funded in the prior year, what percentage of cases, in which AV services were provided, were actively charging child support? 82% If FOC applicant was funded in the prior year, what percentage of cases, in which AV services were provided, involved domestic violence concerns? 36% Safeguard Plan: Z By checking this box, we assert that the direct service provider's Safeguard Plan has been reviewed by the FOC, and is maintained on file with the FOC. Note: Do not send a copy of the Safeguard Plan to the SCAO. Terms and 21 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. See Attachment D for Terms and Conditions. Applicant Signature: Offices applying for combined awards must include the signatures of joint FOC applicants. Friend of the Court Court Name Date Friend of the Court Court Name Date Friend of the Court Court Name Date Page 5 of 5 FISCAL NOTE , (MISC. #15010) January 29, 2015 BY: Finance Committee, Tom Middleton, Chairperson IN RE: FRIEND OF THE COURT — FY2016 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 $12,000. The grant period is October 1,2014 through September 30, 2015. 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. The current award of $12,000 is $5,700 less than the budget of $17,700 but may be upwardly modified later in the contract year based on SCAO funding availability. 4. There are no County matching funds required. 5. A FY 2015 budget amendment is recommended as follows: Special Revenue Fund 27120 Grant #GR0000000282 Activity GLB, Analysis Type GLB, Bud Ref 2015 FY 2016 Revenue 3010404-126030-610313 Grants-Federal Total Revenue Expenditure 3010404-126030-731458 Professional Services Total Expenditure ($ 5,700) ($ 5,700) ($5,700) ($ 5,700) FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward and Quarles absent. Resolution #15010 January 29, 2015 Moved by Fleming supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, KowaII, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. HEREBYAPPROVE THIS PFPct;..)- CHIEF DEPUTY COUNT' ACTING PURSUANTTO M(A.. 4b.65;:if-: 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 January 29, 2015, 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 29th day of January, 2015.