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HomeMy WebLinkAboutResolutions - 2018.01.17 - 23232MISCELLANEOUS RESOLUTION #18004 January 17, 2018 BY: William Dwyer, Chairperson, Public Services Committee IN RE: FRIEND OF THE COURT — FY2018 ACCESS AND VISITATION GRANT — ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State Court Administrative Office (SCAO) has awarded the Friend of the Court grant funding in the amount of $17,500 for the period of October 1, 2017 through September 30, 2018; and WHEREAS this is the twenty-first (21st) 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 completed the County Executive Contract 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 2018 Access and Visitation Grant Agreement from the State Court Administrative Office (SCAO) in the amount of $17,500 for the period of October 1, 2017 through September 30, 2018. 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 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. CommissioneeWillidr(Dwytr, District 14 Chairperson, Public Services Committee PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. PLEASE NOTE: The grant agreement has been revised to include "self-insurance" as requested during the grant review. The revised grant agreement also includes an additional $2,500 of funding. GRANT REVIEW SIGN OFF — Friend of the Court GRANT NAME: FY 2018 Access and Visitation Grant FUNDING AGENCY: State Court Administrative Office DEPARTMENT CONTACT PERSON: Suzanne Hollyer 248 858-0431 STATUS: Grant Acceptance DATE: December 11, 2017 Pursuant to Misc. Resolution #17194, 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: Approval reaffirmed. — Laurie Van Pelt (12/7/2017) Department of Human Resources: HR Approved — Lori Taylor (12/8/2017) Risk Management and Safety: Approved by Risk Management with the following recommended modification: Section 11. INSURANCE, 11.01 should have the wording "or self-insurance" inserted after the word "insurance" and before the word "coverage" in the first sentence. —Robert Erlenbeck (12/5/2017) Modification approved by Risk Management. — Robert Erlenbeck (12/7/2017) Corporation Counsel: The updated agreement has no unresolved legal issues at this time. - Heather L. Lewis (12/11/2017) Contract Between the State Court Administrative Office and 6th Circuit Court Contract No. &A0-2o18-o19 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. Mediation of parenting time and development of parenting plans where the goal is to increase the non-custodial parent's time with his/her children 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 October 1, 2017. 2.02 This contract terminates on September 30, 2018, 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. 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 SAO employee under this contract. To the extent that the Provider seeks the assistance of any SAO 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. Contract No. SCA0-2018-019 December 8, 2017 Page 2 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 ihttps://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. 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 SCAO: 1st Quarter October 1, 2017 — December 31, 2017 January 25, 2018 2nd Quarter January 1, 2018 — March 31, 2018 April 25, 2018 3rd Quarter April 1, 2018 — June 30, 2018 July 25, 2018 4th Quarter July 1, 2018 — September 30, 2018 October 5, 2018 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 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 2 Contract No. SCA0-2018-019 December 8, 2017 Page 3 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 AND PRICING 5.01 The SCAO agrees to pay the Provider a sum not to exceed $ 17,500.00 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. 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 W-D personnel and grant personnel, between projects currently funded by W-D and enhancements or supplements to projects receiving funding by this Agreement. 5.05 Under no circumstance will Title W-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. 3 Contract No. SCA0-2018-019 December 8, 2017 Page 4 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 SAO and Provider shall not disclose such information to any third party without prior approval from the SCAO. The Provider agrees to return all confidential or proprietary information to the SCAO immediately upon the termination of this contract. 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 SAO 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. 10. WRITTEN DISCLOSURE 10.01 The Provider and the Provider's employees or subcontractors shall promptly disclose in writing to SAO 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 SAO 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. 4 Contract No. SCA0-2018-019 December 8, 2017 Page 5 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. 11. INSURANCE 11.01 The Provider shall carry and provide verification of insurance or self- insurance coverage in such amounts as necessary to cover all claims arising out of the Provider's operations under the terms of this contract. 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 5 Contract No. SCA0-2018-019 December 8, 2017 Page 6 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 SAO 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. 12.03 The Provider also agrees to assume responsibility to safeguard the Provider's property and materials and that of the Provider's employees or subcontractors. 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, 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 covered under this contract, the Provider will, at the Provider's sole cost and expense, resist or defend the action or proceeding. 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 SAO harmless with respect to any damages arising from any violation of the same by the Provider. 6 Contract No. SCA0-2018-019 December 8, 2017 Page 7 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 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 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 http://www.hrsa.gov/grants/trafficking.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. 7 Contract No. SCA0-2018-019 December 8, 2017 Page 8 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 releases, or statements relating to the duties performed in this contract, without prior SAO 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 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 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 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: 8 Contract No. SCA0-2018-019 December 8, 2017 Page 9 A. The Provider's contact person is: Suzanne Hollyer Oakland County Friend of the Court 230 Elizabeth Lake Road Pontiac, Michigan 48390 hollyerspoakgov.com B. The SCAO's contact person is: Michelle Hilliker 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 23. SIGNATURE OF PARTIES 23.01 This contract becomes effective when signed by the parties. IN WITNESS WHEREOF, the SAO and the 6th Circuit Court have executed this contract: 6th CIRCUIT COURT By: Date: Signature (Printed or typed name) SIGMA Vendor Self-Service Customer Number: CV0048081 STATE COURT ADMINISTRATIVE OFFICE By: Date: Dawn Monk Chief Operating Officer 9 c #18004) FISCAL NOTE (HIS • January 17, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee, IN RE: FRIEND OF THE COURT — FY2018 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 resolution authorizes the acceptance of the FY 2018 Access and Visitation grant award of $17,500 from the State Court Administrative Office (SCAO). 2. The grant period is October 1, 2017 through September 30, 2018. 3. 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. 4. The current award of $17,500 is $1,500 less than the FY 2017 amended award of $19,000 but may be upwardly modified later in the contract year based on SCAO funding availability. 5. There are no in-kind or County matching funds required. 6. A FY 2018 budget amendment is recommended as follows: FOC ACCESS VISITATION FUND (#27120) Grant #GR0000000282 Activity GLB, Analysis Type GLB, Bud Ref 2018 FY 2018 Revenue 3010404-126030-610313 Federal Operating Grants Total Revenue $4,500 $4,500 Expenditure 3010404-126030-731458 Professional Services $4,500 Total Expenditure $4,500 Q A Commissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Zack absent. Resolution #18004 January 17, 2018 Moved by Bowman supported by Dwyer the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Jackson, KowaII, Long, McGillivray, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Berman, Bowman, Crawford. (17) 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). 1 WNW APPROVE THIS RFRnuiTION CHIEF DEPUTY Co( wry' Exk".7(Ai ACTING PURSUANT TO ivic.1. 46.ct;iiik 3pe 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 17, 2018, 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 17th day of January, 2018. Lisa Brown, Oakland County