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HomeMy WebLinkAboutResolutions - 2006.10.19 - 28295MISCELLANEOUS RESOLUTION #06204 October 19, 2006 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2007 ACCESS AND VISITATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Friend of the Court submitted a renewal application for the Federal Access and Visitation Grant administered through the State Court Administrative Office (SCA0); and WHEREAS this grant is for services to be performed in conjunction with HAVEN, which facilitates parenting time (visitation) for certain cases as determined by the Court; and WHEREAS the Friend of the Court has been awarded the grant for services performed through such agencies not to exceed $17,150 for the period covering October 1, 2006 through September 30, 2007; and WHEREAS there are no required in-kind matching funds provided by the HAVEN, and no County funds required. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2007 Access and Visitation Grant in an amount not to exceed $17,150. BE IT FURTHER RESOLVED that the Oakland County Friend of the Court contract with the HAVEN to provide the services as detailed in the grant award. BE IT FURTHER RESOLVED that the HAVEN is not required to provide 10% in-kind matching funds as stated in the grant. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE PUBLIC SERVICES COMMITTEE VOTE: Motion carried on a roll call vote with Suarez absent. 11144!IViel__ Page 1 of 2 Pam Worthington From: Greg Givens [givensg@oakgov.com ] Sent: Tuesday, October 03, 2006 10:18 AM To: Doyle, Larry; hollyers@oakgov.com ; 'Malone, Prentiss' Cc: 'Karen Agacinski'; 'Worthington, Pam'; 'Candace Frederick'; Greg Givens; 'Hanger, Helen': 'Johnston, Brenthy'; 'Mitchell, Sheryl'; 'Pardee, Mary': 'Smith, Laverne': 'Wenzel, Nancy' Subject: REVISED - GRANT REVIEW SIGN OFF - Friend of the Court REVISED - GRANT REVIEW SIGN OFF — Friend of the Court (This Sign-Off Replaces the Sign-Off Sent October 2,2006) GRANT NAME: FY 2007 Access and Visitation FUNDING AGENCY: State Court Administrative Office — Office of Dispute Resolution DEPARTMENT CONTACT PERSON: Suzanne Hollyer /8 -0431 STATUS: Acceptance DATE: October 3, 2006 (Original sent October 2, 2006) Pursuant to Misc. Resolution 401320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW REVISED - After further discussion with SCAO, they accepted the alternate language required by Oakland County. There are no remaining issues with this contract. Department of Management and Budget: Approved. — Laurie Van Pelt (9/20/2006) Department of Human Resources: Approved. —Nancy Scarlet (9/25/2006) Risk Management and Safety: Approved by Risk Management with following modifications to item IX. Insurance (Agreement was not included with the original application): 9.1: The provider will provide and maintain liability insurance or self-insurance in such amounts as necessary to cover all claims that may arise out of the Provider's er-fttbeetrtfetetelas, operations under this Agreement. The Provider will maintain unemployment compensation coverage and worker's compensation insurance or self- insurance in accordance with applicable federal and state law and regulations. The provider will carry all insurance coverage required by Michigan law. 10/3/2006 Ett-e ces-er-Stt&eftr Page 2 of 2 10.2: The provider agrees to safeguard its property and materials, against loss of any such property and materials used by the Provider. - - ; - • - - - ; - - - - - ; ; - ; - . - under this Agreement. - Andrea Plotkowski (9/21/2006) Corporation Counsel: After reviewing this grant contract, and entering into discussions/negotiations with the SCAO, I must advise you that SCAO will not accept changes to the language which requires the County to indemnify SCAO. I have provided SCAO with the relevant constitutional citation and relevant case law. However, SCAO will neither remove the unacceptable language completely nor consider adding language that has consistently been acceptable to other state and federal granting agencies. An email from the contract administrator, Cassandra Drysdale- Crown, stating that the SCAO will not make this requested change is attached. I am unable to approve the grant contract as written. — Karen Agacinski (9/29/2006) REVISED - Suzanne Hollyer engaged in additional conversation with the SCAO today, and they have offered to replace the disputed indemnification language with language regarding the County's liability for its own and its contractor's actions. The alternate language does not require the County to indemnify SCAO. The alternate language is acceptable. Provided SCAO incorporates the alternate language and the other agreed-upon changes into the grant contract, no additional action will be required by this office. - Karen Agacinski (101212006) COMPLIANCE The grant contract references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. • Michigan Department of Consumer and Industry Services / Michigan State Contracts with Certain Employers Prohibited "Act 278 of 1980 - littp://vvww.legislature.rn (uq3Ixgeltmri5z55z2uiwv45)/mileo.as x?ae=dWectS:tnarn - - -of- 1980&queryid=14718870 • Federal Environmental Tobacco Smoke 'Pro-Children Act of 19948http://www.cdc.gov/tobacco/research_data/youth/464119.1um • Federal "Civil Rights Act of 1964"http://www.usdoigov/crt/cor/index.htm • Michigan Rights Act — "Act 453 of 1976" littp://www.legislatureini.gov/ u _3_1x_ e_ltmi v45 /mile ,.aspOiage—aetobject&obiectname=md-A53-of- 1976&queryid=14718540 • Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" htit yllwww.legislatureini.gov/ (uq3 lxgeltmrj5z55z2uiwv45)/mileg.aspx?page—getobject&objectname=mcl-Act-220-of- 1976&queryid=14718589 • Federal "Americans with Disabilities Act" littp://www.usdolgov/ert/ada/ • Federal Office of Management and Budget (OMB) Circular No. A-87 - Cost Principles for Local Government. This Circular establishes principles and standards for determining costs for Federal awards carried out through grants with State and local governments. http://www.whitehouse.gov/omb/circulars/a087/a87_2004.html 10/3/2006 , Page 1 of 2 LaVerne Smith From: Greg Givens [givensg@oakgov.com ] Sent: Wednesday, September 20, 2006 10:02 AM To: VanPelt, Laurie; Davis, Patric,a; Scarlet, Nancy; Secontine, Julie Cc: 'Suzanne Hollyer; 'Malone, Prentiss .; Worthington, Pam; Bertram, Kevin; Cunningham, Judy; Doyle, Larry; Fournier, Nancy; Frederick, Candace; Greg Givens; Guzzy, Scott; Hanger, Helen; Johnston, Brenthy; Mason, Jennifer; Mitchell, Sheryl; Pardee, Mary; Plotkowski, Andrea; Ross, Dave; Shortley, Joellen; Smith, Laverne; Wenzel, Nancy; 'Johnson, Sandy'; 'Easterling' Subject: GRANT REVIEW - Friend of the Court GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Nancy Scarlet — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY 2007 Access and Visitation Funding - Contract State Court Administrative Office — Office of Dispute Resolution Attached to this email please find the grant document(s) to be reviewed. 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: September 29, 2006 GRANT INFORMATION Date: September 20, 2006 Operating Department: Friend of the Court Department Contact: Suzanne Hollyer Contact Phone: 248-858-0431 Document Identification Number: SCA0-2007-xx. REVIEW STATUS: Acceptance — Resolution Required (The Application completed internal review on August 25, 2006 with no negative comments) Funding Period: October 1, 2006 through September 30, 2007 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None M/WBE Requirements: No Funding Continuation/New: Continuation Application Total Project Amount: SI7,150 revised from an original allocation of S11,500 Prior Year Total Funding: N.A. New Grant Funded Positions Request: None Changes to Current Positions: None Grantor Funds: $17,150 Total Budget: $ 17,150 Match and Source: No local match is required. 9/20/2006 Page 2 of 2 PROJECT SYNOPSIS The Grants to States for Access and Visitation Program provides services for parental exchanges (neutral drop off and pick up) and supervised (including monitored and therapeutic) parenting time. 9/20/2006 AGREEMENT SCAO-2007- Michigan Supreme Court State Court Administrative Office -and- Sixth Circuit Court Oakland County Friend of the Court 230 Elizabeth Lake Road Pontiac, Michigan 48341 This Agreement, effective October 1, 2006, and ending September 30, 2007, is made between the State Court Administrative Office (SCAO), PO Box 30048, Lansing, Michigan 48909, the Sixth Circuit Court, and the Oakland County Friend of the Court (Contractor), 230 Elizabeth Lake Road, Pontiac, Michigan 48341. The SCAO, the Court and the FOC may also be referred to individually as a Party or collectively as the Parties. I. ENGAGEMENT OF THE CONTRACTOR 1.1 The State Court Administrative Office (SCAO) is the administrative agency of the Michigan Supreme Court and is responsible for administering the Federal Access and Visitation Grant to courts for the provision of direct services that increase non- custodial parents' access to and visitation with their children. 1.2 SCAO is contracting with the Contractor for the provision of services that directly support and facilitate non-custodial parents' access to and visitation with their children. The Contractor may provide these services either directly or through a subcontractor. Supervised (including monitored and therapeutic) parenting time and neutral drop-off and pick-up services are eligible for reimbursement under this Agreement. II. AGREEMENT RELATIONSHIP 2.1 The relationship of the Contractor to SCAO is that of an independent contractor. No benefits or liabilities, such as employment benefits or liabilities, personal injury or property insurance rights or liabilities, or any other rights or liabilities arising out of an agreement for hire or employer-employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Agreement. 2.2 Under the general administrative oversight and technical assistance of SCAO, the Contractor will provide, either directly or through a subcontractor, the services required under this Agreement. The Contractor is responsible for benefits or liabilities resulting from its relationship with a subcontractor, if any. For purposes of workers' compensation liability or other actions of employee-related liability, the Contractor understands and agrees that neither its employees nor any persons providing direct services pursuant to this Agreement are employees of SCAO or of the Michigan Supreme Court. III. SCOPE OF SERVICES 3.1 The total Access and Visitation funding amount available to the Contractor is $17,150 for the provision of direct services as described in the Contractor's "Access and Visitation Funding Application for Fiscal Year 2007." The services identified by the Contractor in the "Access and Visitation Funding Application for Fiscal Year 2007" are considered the description of services eligible for reimbursement under this Agreement. 32 The Contractor agrees to: 3.2.1 Provide, either directly or through a subcontractor, supervised (including monitored and therapeutic) parenting time services and neutral drop-off and pick-up services that support and facilitate non custodial parents' access to and visitation with their children. 3.2.2 Maintain safeguard procedures that assure the confidentiality of service recipients' personal information and that assure the direct services are conducted in safe and neutral environments. 3.2.3 Comply with all monitoring, evaluation, and reporting requirements in accordance with regulations prescribed by the Federal Secretary of Health and Human Services, and comply with SCAO's financial and reporting requirements. 3.2.4 Prepare, complete, and submit a quarterly "Program Worksheet" and "Access and Visitation Program Invoice" to SCAO by 5:00 p.m. on the following dates: Reporting Period: Due Date to SCAO 1st Quarter October 1,2006 — December 31, 2006 January 10,2007 2' Quarter January 1, 2007— March 31, 2007 April 10, 2007 3rd Quarter April 1, 2007 — June 30, 2007 July 10, 2007 4th Quarter July 1, 2007 — September 30, 2007 October 5, 2007 3.2.5 Complete and submit additional federally and statutorily required reports to SCAO. 3.2.6 Permit SCAO or any of its identified agents to inspect, observe, and monitor the facilities and program operations authorized by this Agreement by conducting site visits, interviewing direct service providers, and viewing court and service provider case records, receipts, client/user complaints, and internal statistical service reports. 3.2.7 Assess, during mid-fiscal year, the direct service expenditures and to project anticipated unspent funds. The Contractor agrees that SCAO, in consultation with the Contractor, may amend this Agreement by downwardly adjusting the award amount to permit redistribution of funds to other currently funded Access and Visitation programs. 3.2.8 Require compliance with these provisions in any Agreement with any subcontractor hired to provide the services described in the Access and Visitation Application for FY 2007. IV. AGREEMENT PERFORMANCE 4.1 SCAO agrees to pay the Contractor a total amount not exceeding the Agreement award amount for the provision of direct services authorized by this Agreement. All payments for the proper performance of this Agreement will be made after the Contractor submits a quarterly "Access and Visitation Program Invoice - by the previously listed due dates. 4.2 Failure to submit reports by the dates listed in this Agreement may result in delayed reimbursements, termination of this Agreement, or may preclude the Contractor from future consideration for Access and Visitation funding. 4.2.1 For a first instance of failing to comply with the reporting requirements described in this Agreement, SCAO may electronically notify the Contractor of the reporting noncompliance and, due to this noncompliance, reimbursement may be delayed until the end of the subsequent reporting quarter. 4.2.2 For a second instance of failing to comply with the reporting requirements described in this Agreement, SCAO may electronically notify the Contractor that reimbursement may be delayed until the end of the fourth quarter. 4.2.3 For a third instance of failing to comply with the reporting requirements described in this Agreement, SCAO may terminate this Agreement by delivering notice to the Contractor of the termination date, and may elect to notify the Contractor of its preclusion from consideration for future Access and Visitation funding. 4.3 The Contractor agrees that it will not use Access and Visitation funds for purposes not authorized by this Agreement. The Contractor agrees to expend the Agreement award amount on direct services authorized in the "Access and Visitation Funding Application for Fiscal Year 2007." Funding provided by this Agreement may not be used as security or to guarantee payments for any nonaccess and visitation program, for direct service obligations, or as loans for other activities. 4.4 All reports and invoices are to be submitted to: Cassandra Drysdale-Crown, Project Coordinator State Court Administrative Office Office of Dispute Resolution Michigan Hall of Justice PO Box 30048 Lansing, Michigan 48909 V. TERM OF AGREEMENT 5.1 This Agreement is subject to and conditional upon the availability of the Federal Access and Visitation Grant funds. 5.1.1. In the event SCAO determines the Federal Access and Visitation Grant funding is unavailable or determines these services or funds are restricted, SCAO may immediately terminate this Agreement by written notice to the Contractor at any time before the completion of this Agreement. 5.2 This Agreement, is effective when signed by the Chairperson of the County Board of Commissioners, Chief Circuit Judge, Friend of the Court, and the Deputy State Court Administrator, and expires on September 30, 2007, provided the SCAO has secured Federal Access and Visitation Grant funds. 5.3 SCAO does not commit to continuation or expansion of the activities covered by the terms of this Agreement. VI. METHOD OF PAYMENT 6.1 The Actual Direct Service Cost Reimbursement Method will be used to claim reimbursement under this Agreement. The "Access and Visitation Funding Application for Fiscal Year 2007" details the total maximum award amount available to the Contractor and the types of direct services eligible for reimbursement by this Agreement. 6.2 Upon receiving timely completed "Access and Visitation Invoice" forms, SCAO will reimburse the Contractor for the costs of providing authorized direct services to families during the reported quarterly period. Services must be reported at the end of the quarter in which they were in order to be eligible for reimbursement under this Agreement. 6.3 A completed "Access and Visitation Invoice" form must include the total requested reimbursable amount, and must list the court case numbers for the families that actually received eligible direct services during the reported quarter. 6.4 Reports are considered timely when received by SCAO no later than the due dates listed in this Agreement. VII. TERMINATION 7.1 SCAO reserves the right to cancel this Agreement or reduce its scope, at any time SCAO determines that termination is in its best interest. Grounds for termination of this Agreement may include, but are not limited to, the availability of Federal Access and Visitation Grant funding. SCAO will terminate or reduce the scope of its obligations by delivering a written notice to the Contractor that cancels the Agreement or reduces and the effective termination date. 7.2 At the time this Agreement is terminated, the Contractor will complete and submit an "Access and Visitation Invoice" for reimbursement of direct services provided during the termination quarter. 7.3 At the time of termination and upon the submission of a properly executed invoice, SCAO will reimburse the amount owed to the Contractor. 7.4 The Contractor will reimburse overpayments in excess of authorized reimbursable expenditures to SCAO within 30 days of notice of termination or expiration of this Agreement. 7.5 In the event the name of the Contractor, subcontractor, manufacturer, or supplier of the Contractor, subsequently appears in the register compiled pursuant to 1980 PA 278, §2, being MCL 423.322, and with 15 calendar days notice to the Contractor, SCAO may terminate this Agreement. Under 1980 PA 278, states are prohibited from entering into contracts with certain employers that engage in unfair labor practices; 1980 PA 278 also prohibits those employers from entering into certain contracts with others, provides for the compilation and distribution of a register of those employers, and provides for the voiding of certain contracts. 7.6 Termination, conclusion, or cancellation of this Agreement will not be construed to terminate the ongoing responsibilities or rights of the parties involved in this Agreement as provided in the following subsections: Indemnity, Rights of Title and Examination, Maintenance and Confidentiality of Records. VIII. WRITTEN DISCLOSURE 8.1 The Contractor will promptly disclose in writing. to SCAO all writings, inventions, improvements, or discoveries, whether copyrighted, patented, or not, that are written, made or discovered by the Contractor by the Contractor in performing the activities covered by this Agreement. Within each disclosure, the Contractor will specifically describe and identify the features or concepts considered new or different. 8.2 SCAO shall have the right to request the assistance of the Contractor in determining and acquiring copyright, patent, or other such protection. IX. INSURANCE 9.1 The Contractor will provide and maintain liability insurance or self-insurance in such amounts as necessary to cover all claims that may arise out of the Contractor's operations under this Agreement. The Contractor will maintain unemployment compensation coverage and workers' compensation insurance or self-insurance in accordance with applicable federal and state law and regulations. The Contractor will carry all insurance coverage required by Michigan law. X. LIABILITY 10.1 All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor or the Court in the performance of this Contract shall be the responsibility of the Contractor and the Court, and not the responsibility of the State Court Administrative Office, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, the Court, any subcontractor, or anyone directly or indirectly employed by the Contractor, the court or any subcontractor, provided that nothing herein shall be construed as a waiver of the governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. 10.2 The Contractor agrees to safeguard its property and materials against loss of any such property and materials used by the Contractor under this Agreement. 10.3 The Contractor 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 Agreement. 10.4 In the event any action or proceeding shall be brought against the Contractor by reason of any services covered under this Agreement, the Contractor will resist or defend the action or proceeding at its sole cost and expense. XI. AGREEMENT INCLUSIVENESS 11.1 The previously mutually approved "Access and Visitation Funding Application for Fiscal Year 2007" is incorporated by reference and made a part of this Agreement. The Parties intend this Agreement to be the complete and final expression of their agreement. oral or otherwise, unless amended in writing and signed by all parties. XII. COMPLIANCE WITH LAWS 12.1 The Contractor shall comply with all applicable laws, ordinances, and federal, state, and local government codes. 12.2 The Contractor must comply with Public Law 103-277, Part C — Environmental Tobacco Smoke (also known as the Pro-Children Act of 1994), that requires smoking not be permitted in any portion of any indoor facility that is owned, leased, or contracted by an entity and used routinely or regularly for the provision of health care services, day care, and education to children under the age of 18, if the services are funded by federal programs, whether directly or through state and local governments. Federal programs include grants, cooperative agreements, loans or 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 of facilities used for in-patient drug and alcohol treatment. 12.3 The Contractor will not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status pursuant to 1976 PA 453, §209. The Contractor will also comply with the provisions of the Michigan Handicappers Civil Rights Act, 1976 PA 220, and the Federal Rehabilitation Act of 1973, PL 93-112, §504, 87 Stat 394. The Contractor will comply with the Americans with Disabilities Act of 1990 (ADA), PL 101-336, 104 Stat. 328, which prohibits discrimination against individuals with disabilities and provides enforcement standards. Further, the Contractor will comply with all other federal, state or local laws, regulations and standards as they may apply to the performance of this Agreement. XIII. CONFLICT OF INTEREST 13.1 The Contractor affirms that it has no personal or financial interest, and will not acquire any such interest, direct or indirect, that would conflict in any manner or degree with the performance of this Agreement. XIV. SUPLANTATION 14.1 The Contractor, as a subrecipient of Federal Financial Assistance, agrees to abide by applicable provisions of the Cost Principals for State and Local Governments issued in the Federal Office of Management and Budget Circular No. A-87. 14.2 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-D personnel and grant personnel, between projects currently funded by IV-D and enhancements or supplements to projects receiving funding by this Agreement. 14.3 Under no circumstance will Title IV-D funding be utilized to pay for any expenses, administrative or otherwise, incurred from direct services provided as part of the Federal Grants to State for Access and Visitation. XV. EXAMINATION, MAINTENANCE AND CONFIDENTIALITY OF RECORDS 15.1 At any reasonable time, the Contractor will permit SCAO, or any of its identified agents, access to the facilities where services funded by this Agreement are provided and will permit SCAO, or any of its identified agents, to observe the operation of the program. The Contractor shall retain all books, records, or other documents relevant to this Agreement for five (5) years after final payment, at its cost. Federal auditors and any persons duly authorized by SCAO will have full access to and right to examine and audit any of the material during this period. If an audit is initiated before the expiration of the five-year period, and extends past that period, all documents shall be maintained until the audit is completed. SCAO will provide findings and recommendations of audits to the Contractor. SCAO will adjust future payments or final payment if the findings of an audit indicate over or underpayment to the Contractor. If an audit discloses an overpayment to the Contractor, the Contractor will immediately refund all undisputed amounts that may be due the SCAO. 15.2 The use or disclosure of information concerning families, which is obtained in connection with the performance of this Agreement, will be restricted to purposes directly connected with the administration of the programs implemented by this Agreement and as required by federal regulations and state statute. XVI. SUBCONTRACTS 16.1 The Contractor is responsible to perform all requirements and obligations provided within this Agreement either directly or by subcontract. In the event the Contractor assigns or subcontracts any of its obligations and requirements provided by this Agreement, the Contractor is responsible for the performance of all assignees or subcontractors, and will ensure that the subcontracted agents comply with all provisions and will be subject to all conditions of this Agreement. SCAO will hold the Contractor responsible for the performance of any subcontractor. Upon SCAO's request, the Contractor will provide SCAO with the subcontractors' and direct service Contractors' names and direct contact information; including telephone numbers, fax numbers, and e-mail addresses. XVII. RIGHTS OF TITLE 17.1 The services eligible for reimbursement under this Agreement are provided by the Federal Grants to States for Access and Visitation. 17.1.1 Any printed public information, websites, and education materials describing the services provided by this Agreement will include a written byline that the direct services provided are funded by the Federal Grants to States for Access and Visitation. 17.2 The Contractor must clearly identify the specific source of materials that were not originally developed by the Contractor. 17.3 The Contractor grants SCAO a royalty-free nonexclusive license to use and authorize others to use all written or visual material or other work products developed in connection with this Agreement, including all copyrighted materials, whether produced by the Contractor or by subcontractors to perform services pursuant to this Agreement. XVIII. NOTICE 18.1 Any notice relating to or required by the provisions of this Agreement, and all reimbursement invoices made under this Agreement, shall be directed to: Cassandra Drysdale-Crown, Project Coordinator State Court Administrative Office Office of Dispute Resolution Michigan Hall of Justice PO Box 30048 Lansing, Michigan 48909 Phone: 517-373-4839 Fax: 517-373-5748 E-mail: crownc@courts.mi.gov 20.2 All correspondence relating to this Agreement and the work provided pursuant to this Agreement shall be made to the Contractor at the address below: Suzanne Hollyer, Friend of the Court Oakland County Friend of the Court 230 Elizabeth Lake Road Pontiac, Michigan 48341 Ms. Suzanne Hollyer, Friend of the Court Federal tax no. 38-6004876 Witness Date Witness Chief Circuit Court Judge Date th 6 Circuit Court XXI. SIGNATURE OF PARTIES 21.1 This Agreement will be effective when signed by the Deputy State Court Administrator, Chief Circuit Judge, Chairperson of the County Board of Commissioners, and the Friend of the Court. Once the Deputy State Court Administrator signs this Agreement. The provisions will apply to the entire period from October 1, 2006 through September 30, 2007, as specified in the Agreement. The State Court Administrative Office, the Contractor, the County Board of Commissioners, the Circuit Court, and the office of the Friend of the Court have executed this Agreement: CONTRACTOR Witness Chairperson (or designee) Date Oakland County Board of Commissioners STATE COURT ADMINISTRATIVE OFFICE Witness Ms. Dawn A. Monk Date Deputy State Court Administrator FISCAL NOTE (MISC. #06204) October 19, 2006 BY: Finance Committee, Chuck Moss, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2007 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) submitted a renewal application for the Federal Access and Visitation Grant through the State Court Administrative Office (SCAO). 2. The grant is for services to be performed in conjunction with agencies that facilitate parenting time (visitation) for certain cases as determined by the court. 3. The FOC has been awarded this grant for services not to exceed $17,150 for the period covering October 1, 2006 through September 30, 2007. 4. The FOC will contract with HAVEN to provide the supervised parenting time; in addition, HAVEN is not required to provide 10% In-kind matching services as stated in previous years grant awards. 5. The County will incur no costs in the acceptance of the grant; the total grant budget is $17,150, which represents a $12,850 reduction from the previous award, due to reduced funding available for allocation by the State. 6. The FY 2007 Adopted Budget is $55,000 therefore an amendment of ($37,850) is recommended. 7. The Fiscal Year 2007 Special Revenue budget should be amended as follows: Fund 27120 - FOC Access Visitation: Revenue FY 2007 3010401-126030-615571 Grants-State ($37,850) Expenditure 3010401-126030-731458 Professional Services ($37,850) 0 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Rogers absent. ,a,n11n Resolution #06204 October 19, 2006 Moved by Palmer supported by Coleman the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted. AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (22) NAY: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted. I HEN AM Ili FOREGOING RESOW11011 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 19, 2006, 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 19th day of October, 2006. " r v Ruth Johnson, County Clerk