HomeMy WebLinkAboutResolutions - 2021.12.09 - 3510601 r'_
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BOARD OF COMMISSIONERS
December 9, 2021
MISCELLANEOUS RESOLUTION #21-493
Sponsored By: Penny Luebs
IN RE: Friend of Court - Grant Acceptance FY 2022 Access and Visitation
Chairperson and Members of the Board:
WHEREAS the State Court Administrative Office (SCAO) has awarded the Friend of the Court Brant finiding
in the amount of S 18,000 for the period of October 1, 2021 through September 30, 2022: and
WHEREAS this is the twenty-fifth (25th) year of the grant acceptance for this program: and
`WHEREAS this grant is for services to be petfoaired in conjunction with Impact Consulting, hic.. 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 current award of S18,000 is less than the FY 2021 amended award of S26,000 but may be
upwardly modified later in the contract year based on SCAO funding availability; and
WHEREAS the grant agreement has completed the Grant Review Process in accordance with the Board of
Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Comnussioners accepts the FY
2022 Access and Visitation Grant Amendment from the State Court Adirrinistrative Office (SCAO) in the
antount of $18,000 for the period of October 1, 2021 through September 30. 2022.
BE IT FURTHER RESOLVED a local match is not required.
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
corninitment. and any program costs associated with this grant are contingent upon future levels of grant
fiuiding.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Conunissioners is authorized to execute
the grant agreement and to approve any grant extensions or changes within fifteen percent (15°o) of the original
award, which is consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that the FY 2022 budget is amended as detailed in the attached Schedule A.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
d14'
`�✓j Date: December 09, 2021
David Woodward, Commissioner
Date: December 15, 2021
Hitarie Chambers, Deputy County Executive II
December 15 Date:, 2021
Lisa Brown, County Clerk t Register of Deeds
COMMITTEE TRACKING
2021-11-30 Public Health & Safety - recommend to Board
2021-12-09 Full Board
VOTE TRACKING
Motioned by Conunissioner William Miller III seconded by Commissioner Robert Hoffman to adopt the
attached Grant Acceptance: FY 2022 Access and Visitation.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Johat, Kristen Nelson, Eileen Kowall,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kulrn, Chuck Moss, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary
McGillivray, Robert Hoffman, Adam Kochenderfer (21)
No: None (0)
Abstain: None (0)
Absent: (0)
The Motion Passed.
ATTACHMENTS
1. Grant Review Sign -Off FY22
2, FOC FY 2022 Access Visitation ('Schedule A)
3, Oakland-FOC-2022-Access+Visitation-Contract-Rev 111821
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Broken, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 9, 2021,
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 Circuit Court at Pontiac,
Michigan on Thursday, December 9, 2021.
Y / �
Lisa Brown, Oakland County Clerk: F Register of Deeds
GRANT REVIEW SIGN -OFF — Friend of the Court
GRANT NAME: FY 2022 Access and Visitation Grant
FUNDING AGENCY: State Court Administrative Ottice (SCAO)
DEPARTMENT CONTACT PERSON: Suzanne Hollyer/(248) 858-0431
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 11/08/2021
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The Board of Commissioners' liaison committee resolution and grant acceptance package (which should include this sign -
off and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved by M & B — Lynn Sonkiss 11/4/2021.
The draft resolution will be updated by Fiscal Services for the applicable budget amendment
information. Also, draft resolution should be 21 xxx as the BOC goes by calendar year in the
resolution numbering.
[updated draft resolution calendar year numbering]
Human Resources:
Approved by Human Resources. No position implications so HR action is not needed. - Heather Mason 10/29/21
Risk Management:
Approved by Risk Management with the following Modifications:
• Section 10.01 of the Access Visitation Contract should be modified to include the phrase "or
governmental self-insurance" after the word "insurance"
• Section 10.02 of the Access Visitation Contract should be modified to include the phrase
"except for governmental self -insured programs" after the word "insured".
• Section 10.03 of the Access Visitation Contract should be modified to include the phrases "or
governmental self-insurance" after the first "Insurance" and "except for governmental self-insurance
programs" after the third reference to "SCAO".
R.E. 11/01/2021.
[revised contract attached]
Corporation Counsel:
I have had the opportunity to review the proposed grant form presented by SCAO. I will approve it subject to the
following conditions and modifications:
i I note that the "effective date" of the contract, as defined in Sec.1.03 and Sec 3, is the date on which the contract
is signed, which seems incongruous with the termination date of September 30, 2022, or the funding period,
which began on October 1, 2021. Is the actual term of the contract to be less than one year? What terms apply to
the period between October 1 and the date this contract is actually executed? If all parties on your end are fine
with this disparity, I can accept it, but if we need additional language to reflect the fact, please let me know and I
will draft some.
Sec. 11, "Indemnity"- as you are probably aware, as a governmental entity we cannot and do not agree to blanket
indemnity for unspecified claims. These provisions under Sec. I 1 seem more tailored to a contract between a
governmental entity and a private sector provider. As governmental entities, both SCAO and the County have
immunity under state law. The modification I would request is as follows:
Delete the first paragraph of 11.01
• Paragraphs 11 A. and 11 B. are acceptable
• Delete paragraph 11 C.
• Paragraphs 11.02 and 11.03 are unnecessary in context and should be deleted
• Paragraph 11.04 and 11.05 are acceptable,
if you have any questions regarding my review, please feel free to contact me. I would also be happy to speak with the
individual responsible for administration of this contract on behalf of SCAO to work out any differences if necessary. —
William DeBiasi 11/9/21
[Department is aware and is working to resolve per attached email]
From: Sonkiss, Lynn C
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Robert Carl
Cc: Adoolu-lonea. Ebru: Conforti. Holly M; Elarably. Kim K; Guzrv. Scott N; Joss. Edward P: Jen, Kyle Isaac;
Matthews. Hailev; Powers. Andrea; Sanchez, Kristina L; Shih. Julie; Snover. Agrnn G.: yai. Connie L;
Stolzenfeld. Tracy; Stringfellow. JOAnn; Ward. Chris; Wnrthinoton Pamela I , Zhou. Jenny
Subject: RE: GRANT REVIEW FORM - Friend of the Court- FY 2022 Access and Visitation Grant -Acceptance (Greater than
$10,000)
Date: Thursday, November 4, 2021 9:44:46 PM
Attachments: QRANT RFVIFW FORM - Frland of the Court- FY 2022 Access and Visitation Grant -Acceptance (Greater than
$10000).msg
RF nRANT RFVTFW FnRM - Friend of the Cow- FY 2022 Access and Visitation Grant-Acceotance (Greater than
$10000),m5g
Approved by M & B — 11/4/2021.
The draft resolution will be updated by Fiscal Services for the applicable budget amendment
information. Also, draft resolution should be 21xxx as the BOG goes by calendar year in the
resolution numbering.
Thanks,
Lynn Sonkiss
Fiscal Services Officer
Oakland County, Michigan
Phone 248,858.0940
Fax248.858.9724
son kissl(g oakeov.com
From: Keyes -Bowie, Tifanny B <keyesbowiet@oakgov.com>
Sent: Friday, October 29, 2021 12:52 PM
To: Hollyer, Suzanne <hollyers@oakgov.com>; Corporate Counsel <corpcounsel@oakgov.com>;
Mason, Heather L<masonh@oakgov.com>; McBroom, Diana E. <mcbroomd@oakgov.com>;
Erlenbeck, Robert Carl <erlenbeckr@oakgov.com>; Sonkiss, Lynn C <sonkissl@oakgov.com>
Cc: Adoglu-Jones, Ebru <adoglu-jonese@oakgov.com>; Conforti, Holly M <confortih@oakgov.com>;
Elgrably, Kim K <elgrablyk@oakgov.com>; Guzzy, Scott N <guzzys@oakgov.com>; Joss, Edward P
<josse@oakgov.com>; Jen, Kyle Isaac <jenk@oakgov.com>; Matthews, Halley
<matthewshd@oakgov.com>; Powers, Andrea <powersa@oakgov.com>; Sanchez, Kristlna L
<sanchezk@oakgov.com>; Shih, Julie <shihj@oakgov.com>; Keyes -Bowie, Tifanny B
<keyesbowiet@oakgov.com>; Shover, Aaron G. <snovera@oakgov.com>; Srogi, Connie L
<srogic@oakgov.com>; Stolzenfeld, Tracy <stolzenfeldt@oakgov.com>; Stringfellow, JoAnn
<stringfellowj@oakgov.com>; Ward, Chris <wardcc@oakgov.com>; Worthington, Pamela L
<worthingtonp@oakgov.com>; Zhou, Jenny <zhouj@oakgov.com>
Subject: GRANT REVIEW FORM - Friend of the Court- FY 2022 Access and Visitation Grant -
Acceptance(Greaterthan $10,000)
Please Note: Miscellaneous Resolution is subject to review by Human Resources and Fiscal
Services for personnel changes and/or amendment.
GRANT REVIEW FORM
From:
Macon Heather L
10:
....... U...... r,lY L.t...... I'LOI I,UIII ulalla C.. /i ic'i ili�n rtiii-ia.oi
Sonkiss. Lynn C
Cc:
Pdoglu-]ones. Ebru; Conforti, Holly M; Elorably. Kim K; Guzrv. Scott N; Joss, Edward P; Jen. Kyle Isaac;
Matthews. Hailev: Powers, Andrea; Sanrh@;. Kristina L: $j7jn, Jul@; Keyes -Bowie. Tifanny B; Snpver. Aaron G.;
Srogi, Connie L; Stolzenfeld. Tracv: Stringfellow. IoAnn; Ward. Chris; Worthington, Pamela L; Zhou, Jenny
Subject:
Re: GRANT REVIEW FORM - Friend of the Court- FY 2022 Access and Visitation Grant -Acceptance (Greater than
$10,000)
Date:
Friday, October 29, 2021 8:15:40 PM
Approved by Human Resources. No position implications so FIR action is not needed
Get Outlook for Android
From: Keyes -Bowie, Tifanny B <keyesbowiet@oakgov.com>
Sent: Friday, October 29, 2021 12:52:26 PM
To: Hollyer, Suzanne <hollyers@oakgov.com>; Corporate Counsel <corpcounsel@oakgov.com>;
Mason, Heather L <masonh@oakgov.com>; McBroom, Diana E. <mcbroomd@oakgov.com>;
Erlenbeck, Robert Carl <erlenbeckr@oakgov.com>; Sonkiss, Lynn C <sonkissl@oakgov.com>
Cc: Adoglu-Jones, Ebru <adoglu-jonese@oakgov.com>; Conforti, Holly M <confortih@oakgov.com>;
Elgrably, Kim K <elgrablyk@oakgov.com>; Guzzy, Scott N <guzzys@oakgov.com>; Joss, Edward P
<josse@oakgov.com>; Jon, Kyle Isaac <jenk@oakgov.com>; Matthews, Halley
<matthewshd@oakgov.com>; Powers, Andrea <powersa@oakgov.com>; Sanchez, Kristina L
<sanchezk@oakgov.com>; Shih, Julie <shihj@oakgov.com>; Keyes -Bowie, Tifanny B
<keyesbowiet@oakgov.com>; Snover, Aaron G. <snovera@oakgov.com>; Srogi, Connie L
<srogic@oakgov.com>; Stolzenfeld, Tracy <stolzenfeldt@oakgov.com>; Stringfellow, JoAnn
<stringfellowj@oakgov.com>; Ward, Chris <wardcc@oakgov.com>; Worthington, Pamela L
<worth I ngton p @oa kgov.com>; Zhou, Jenny <zhouj@oakgov.com>
Subject: GRANT REVIEW FORM - Friend of the Court- FY 2022 Access and Visitation Grant -
Acceptance(Greaterthan $10,000)
Please Note: Miscellaneous Resolution is subject to review by Human Resources and Fiscal
Services for personnel changes and/or amendment.
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Lynn Sonkiss — Heather Mason — Diana McBroom —
Sharon Cullen
RE: GRANT CONTRACT REVIEW RESPONSE —Friend of the Court
FY 2022 Access and Visitation Grant
State Court Administrative Office
Please be advised the above -mentioned grant information was put into contract review today.
A hard copy of these materials has been sent to you for review. Please provide your review
stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with
supporting comments, via reply (to all) of this email.
Time Frame for Returned Comments: 11/5/2021
From: Frlenheck Robert Carl
,-_.___.1___
,v. ..�.,�.-.,,...,... Tip c,,..��..... ........ . ... ... .. 6. .1e3.cc..: .:....... E.;
Lynn C
Cc: ,Aringlu-Jnnes. Ehru; Conforti, Holly M; Elgrably. Kim K; Guzzv. Scott N; Joss. Edward P: Jen. Kyle Isaac;
MatthevyR. Hailev: powers. Andrea; Sanchez, Krishna L; hihJul! ; Snrnrer Aaron G.: 1ooi. Connie L;
C;lml tall Trarv; Strinofallow. JOAnn: Ward, Chns; Worthinoton, Pamela L, Zhou, Jenny
Subject: RE: GRANT REVIEW FORM - Friend of the Court- FY 2022 Access and Visitation Grant -Acceptance (Greater than
$10,000)
Date: Monday, November 1, 2021 10:48:37 AM
Approved by Risk Management with the following Modifications:
. Section 10.01 of the Access Visitation Contract should be modified to include the phrase "or
governmental self-insurance" after the word "insurance"
. Section 10.02 of the Access Visitation Contract should be modified to include the phrase
"except for governmental self -insured programs" after the word "insured".
a Section 10.03 of the Access Visitation Contract should be modified to include the phrases "or
governmental self-insurance" after the first "Insurance" and "except for governmental self-
insurance programs" after the third reference to "SCAO".
R.E.11/01/2021.
Robert Erlenbeck, Insurance Risk Administrator
Risk Management
Office. 248-858-1694
Cell: 248-421-9121
Office schedule: Monday through Thursday 7:00 to 5 00
From: Keyes -Bowie, Tifanny B <keyesbowiet@oakgov.com>
Sent: Friday, October 29, 2021 12:52 PM
To: Hollyer, Suzanne <hollyers@oakgov.com>; Corporate Counsel <corpcounsel@oakgov.com>;
Mason, Heather L <masonh@oakgov.com>; McBroom, Diana E. <mcbroomd@oakgov.com>;
Erlenbeck, Robert Carl <erlenbeckr@oakgov.com>; Sonkiss, Lynn C <sonkiss I@oakgov.com>
Cc: Adoglu-Jones, Ebru <adoglu-jonese@oakgov.com>; Conforti, Holly M <confortih@oakgov.com>;
Elgrably, Kim K <eigrablyk@Oakgov.com>; Guzzy, Scott N <guzzys@oakgov.com>; Joss, Edward P
<josse@oakgov.com>; Jen, Kyle Isaac <jenk@oakgov.com>; Matthews, Halley
<matthewshd@oakgov.com>; Powers, Andrea <powersa@oakgov.com>; Sanchez, Kristina L
<sanchezk@oakgov.com>; Shih, Julie <shihj@oakgov.com>; Keyes -Bowie, Tifanny B
<keyesbowiet@oakgov.com>; Shover, Aaron G. <snovera@oakgov.com>; Srogi, Connie L
<srogic@oakgov.com>; Stolzenfeld, Tracy <stolzenfeldt@oakgov.com>; Stringfellow, JoAnn
<stringfellowj@oakgov.com>; Ward, Chris <wardcc@oakgov.com>; Worthington, Pamela L
<worthingtonp@oakgov.com>; Zhou, Jenny <zhouj@oakgov.com>
Subject: GRANT REVIEW FORM - Friend of the Court- FY 2022 Access and Visitation Grant -
Acceptance(Greaterthan $10,000)
Please Note: Miscellaneous Resolution is subject to review by Human Resources and Fiscal
Services for personnel changes and/or amendment.
From: DeBiasi. William Michael
IU: f�CVC]'DVVVIC.I IIV O, ••�-•I���^R✓��-•��-�•
Cc: Adnqlu-lanes. Ehru: r.nDfnrtlDHnuv M, Elhrably`Kim K; Guzzv. Scott N; Joss, Edward P; Jen, Kyle Isaac;
Matthews. Haliey Powers, Kristine; SanrhP7 Kristina I , Shih. Julie; Snovar. Aaron G.• Sochi. Connie L;
StobPnfPld. Tract; Stringfellow. Moo; Ward, Chris; Worthington. Pamela L; Zhou, Jenny
Subject: Grant Review Form, Friend of the Court- FY 2022 Access and Visitation Grant
Date: Tuesday, November 9, 2021 2:29:51 PM
Tiffany,
I have had the opportunity to review the proposed grant form presented by SCAO. I will
approve it subject to the following conditions and modifications:
• I note that the "effective date" of the contract, as defined in Sec.1.03 and Sec 3, is the
date on which the contract is signed, which seems incongruous with the termination
date of September 30, 2022, or the funding period, which began on October 1, 2021. Is
the actual term of the contract to be less than one year? What terms apply to the
period between October 1 and the date this contract is actually executed? If all parties
on your end are fine with this disparity, I can accept it, but if we need additional
language to reflect the fact, please let me know and I will draft some.
• Sec. 11, "Indemnity"- as you are probably aware, as a governmental entity we cannot
and do not agree to blanket indemnity for unspecified claims. These provisions under
Sec. 11 seem more tailored to a contract between a governmental entity and a private
sector provider. As governmental entities, both SCAO and the County have immunity
under state law. The modification I would request is as follows:
- Delete the first paragraph of 11.01
- Paragraphs 11 A. and 11 B. are acceptable
- Delete paragraph 11 C.
- Paragraphs 11.02 and 11.03 are unnecessary in context and should be deleted
- Paragraph 11.04 and 11.05 are acceptable.
If you have any questions regarding my review, please feel free to contact me. I would also
be happy to speak with the individual responsible for administration of this contract on behalf
of SCAO to work out any differences if necessary.
Regards,
William DeBiasi
Senior Assistant Corporation Counsel
Oakland County
Oakland County, Michigan
FRIEND OF THE COURT— FY 2022 ACCESS AND VISITATION GRANT —ACCEPTANCE
Schedule "A" DETAIL
Fund I I FY 2022
R/E Fund Name Division Name Fund # Division # Affiliate Program # Account # Account Title Amendment
FOC ACCESS VISITATION FUND (#27120)
Grant #GF0000001021 Activity GLB, Analysis Type GLB, Budget Ref 2021
R FOC Access Visitation CC Family Friend of the Court 27120 3010404
E FOC Access Visitation CC Family Friend of the Court 27120 3010404
FOC ACCI iSS VISITATION FUND (#27120)
Grant #GF0000001146 Activity GLB, Analysis Type GLB, Budget Ref 2022
R FOC Access Visitation CC Family Friend of the Court 27120 3010404
E FOC Access Visitation CC Family Friend of the Court 27120 3010404
126030 610313 Federal Operating Grants
$ (20,000)
Total Revenue
(20,000)
126030 731458 Professional Services
$ (20,000)
Total Expenditures
(20,000) ji
126030 610313 Federal Operating Grants
$ 18,000
Total Revenue
18,000
126030 731458 Professional Services
$ 18,000
Total Expenditures
$ 18,000
Contract Between the State Court Administrative (Office and
6`h Circuit Court
Contract No. SCAO-2022-023
1. DEFINITIONS GOVERNING CONTRACT
The definitions in this Section govern the terms used in the Contract.
1.ol The term "Confidential or Proprietary Information" means confidential and/or
proprietary information belonging to the State Court Administrative Office (the "SCAO")
which is disclosed to the Provider or which the Provider otherwise learns of during the
course of or as the direct or indirect result of rendering your Services for the SCAO.
Confidential or Proprietary Information is information not generally known to the public
or to others who could obtain economic value from their disclosure or use of the
information. This includes all proprietary technical, financial, or other information owned
by SCAO or any of its vendors, including by way of illustration, but not limitation,
computerized data, programs and software, written material, inventions, whether or not
patented or patentable, designs, works of authorship, works subject to or under copyright
protection, trade secrets or trade mark —protected material, performance standards
concepts, formulae, charts, statistics, financial records and reports of the SCAO or any
entity otherwise affiliated with the SCAO. Confidential or Proprietary Information also
includes all confidential and proprietary material that the Provider may design, author,
create, distribute or produce during the term of this Contract when rendering Services
thereunder. All information gained during the course of your employment should be
presumed confidential unless the information is clearly identified otherwise or the
circumstances of disclosure demonstrate it not to be confidential.
The following is not "Confidential and Proprietary Information":
• Information already known to SCAO or the Provider prior to the date of execution
of this Contract;
• Information which SCAO or the Provider develops independently without the use
of the other's Confidential and Proprietary Information;
• Information that is or becomes available to the general public, and then only
beginning from the time it becomes available to the general public; and
i Information that becomes known independently of any disclosure made by SCAO
to the Provider or by the Provider to SCAO, and then only beginning from the time
it is independently made known.
Contract No. SCAO-2022-023
November 18, 2021
Page 2
1.02 The term "Contract" as used in this document means the Contract between the State Court
Administrative Office, located at the Michigan Hall of Justice, P.O. Box 30048, Lansing,
MI, 48909 and the 6`h Circuit Court located at 230 Elizabeth Lake Road, Pontiac, MI 48390,
Contract No. SCAO-2022-023, and includes any subsequent amendments thereto.
1.03 The term "Effective Date" means the date upon which the Contract becomes effective,
which is the date the Contract is signed by both Parties. If the Parties do not sign the
contract on the same date, the latest specified date will become the Contract's effective
date.
1.04 The term "Employee Benefits" means any and all employee benefits the State Court
Administrative Office provides to its employees, including, but not limited to, workers'
compensation benefits, retirement benefits, pension benefits, insurance benefits, fringe
benefits, educational and/or training benefits, holiday pay, sick pay, vacation pay, or such
other benefits.
1.05 The term "Expenses" means all expenses including, but not limited to, license fees and all
other types of fees, memberships and dues, automobile and fuel expenses, insurance
premiums, copying costs, telephone costs and all other types of costs, and all salary and
expenses incurred by the Provider, and all other compensation paid to the Provider's
employees or subcontractors that the Provider hires, retains or utilizes for the Provider's
performance under this Contract. This term also includes Travel Expenses as defined
below.
1.06 The term "Inventions, Patented and/or Copyrighted Materials" means such writings,
inventions, improvements, or discoveries whether or not under an existing copyright,
copyright application, patent, or patent application, trademark or trademark application or
any other third party intellectual property right that were written, conceived, invented,
made, or discovered by the Provider, including its employees and/or subcontractors or
jointly with the SCAO while engaged in Services under this Contract.
1.07 The term "Liabilities" means any and 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.
1.08 The term "Parties" refers to all parties to the Contract, including the State Court
Administrative Office and all other parties.
Contract No. SCAO-2022-023
November 18, 2021
Page ?
1.09 The term "Provider" means the party(ies) with which the State Court Administrative Office
is contracting (here the 6" Circuit Court) and also includes the Provider's employees and
subcontractors providing the Contract Services.
1.10 The terms "SCAO" and "the SCAO" mean the State Court Administrative Office located
at the Hall of Justice, 925 W. Ottawa Street, Lansing, MI 48915.
1.11 The term "Services" refers to the goods, services, activities, projects and initiatives that the
Provider agrees to provide to SCAO under this Contract as described in more detail in § 5,
Scope of Services.
1.12 The term "Taxes" refers to any and all federal, state, and local taxes, including, but not
limited to, income taxes, social security taxes, unemployment insurance taxes, and any
other taxes or fees for which Provider is responsible.
1.13 The term "Travel Expenses" means expenses Provider incurs for travel located outside the
Lansing, Michigan area, including lodging, mileage and meals that the Provider incurs in
the reasonable fulfillment of the terms of this Contract.
2. GENERAL PROVISIONS
2.01 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")
(collectively the "Parties").
2.02 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.
2.03 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:
3
Contract No. SCAO-2022-023
November 18, 2021
PauP a
3. TERM OF CONTRACT
3.01 This Contract covers Provider expenditures beginning October 1, 2021 and ending on
September 30, 2022.
3.02 This Contract terminates on September 30, 2022, at 11:59 p.m.
3.03 In the event that an extension of this Contract is desired, the Parties must agree to the
extension in writing.
4. RELATIONSHIP
4.01 No employer/employee relationship exists between the Parties. Further, no employee or
subcontractor of the Provider is an employee of the SCAO. The Provider is an independent
contractor, not an employee of the SCAO.
4.02 SCAO is not obligated either under this Contract or by implication to provide to and is not
liable to the Provider for failure to provide the Provider with Employee Benefits. The
Provider is not eligible for and will not receive any Employee Benefits from the SCAO.
4.03 The Provider is responsible for payment of any and all Taxes arising out of the Provider's
Services in accordance with this Contract.
4.04 The Provider shall not direct the work or utilize the working time of any SCAO employee
under this Contract. To the extent that the Provider seeks the assistance of any SCAO
employee to perform the Provider's responsibilities under this Contract, the Provider must
obtain prior written approval from the State Court Administrator or his/her designee.
4.05 The Provider does not have the authority to enter into contracts on the SCAO's behalf.
5. SCOPE OF SERVICES
5.01 The Provider will provide the services described in this section (the "Services"). The
Services include supervised (including monitored and therapeutic) parenting time and/or
neutral drop-off and pick-up services. The Services also will include, but not be limited
to, the following projects and initiatives:
E
Contract No. SCAO-2022-023
November 18, 2021
Pa Lye. F,
5.01.01 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.
5.01.02 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.
5.01.03 Prepare, complete, and submit quarterly "Program Worksheets" and
"Access and Visitation Grant Program Invoices" to the SCAO.
5.01.04 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.
5.01.05 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.
5.02 The Provider shall, during the Contract term or any extension thereof, use the Provider's
best efforts to promote the interests of the SCAO. The Provider shall devote such time,
attention, skill, knowledge, and professional ability as is necessary to most effectively and
efficiently perform the Services.
6.01 The SCAO agrees to pay the Provider a sum not to exceed $18,000.00 for the Services
performed pursuant to this Contract. This sum includes any and all remuneration to which
the Provider is entitled, for Services rendered from October 1, 2021 through the end of this
Contract term.
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6.02 The Provider agrees to abide by all applicable general administrative requirements such as
the Uniform Administrative Requirements, Cost Principles and Audit Requirements found
in 2 CFR Part 200.
6.03 Funding provided by this Contract 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 Title IV-D personnel and grant personnel, between projects currently
funded by Title IV-D and enhancements or supplements to projects receiving funding by
this Contract.
6.04 Under no circumstance will Title IV-D funding be utilized to pay Provider for any
Expenses, administrative or otherwise, incurred from direct services provided as part of the
Federal Grants to States for Access and Visitation.
7. ASSIGNMENT
7.01 The Provider may not assign the performance under this Contract to subcontractors, other
than those identified in the Provider's grant application, except with the prior written
approval of the SCAO.
8. METHOD OF PAYMENT
8.01 All payments for the proper performance of the Contract shall be made by the SCAO
quarterly once SCAO approves payment. The Provider must submit SCAO-approved
invoice forms to the SCAO. The invoices must include a specification of the hours worked
or units of service, and the detailed Services provided by the Provider, and/or by the
Provider's or approved subcontractor's staff, during the period for which payment is
sought.
9. CONFIDENTIAL INFORMATION
9.01 In order that the Provider 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. The Provider agrees to limit access of
Confidential or Proprietary Information to those of its employees who have a need for such
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access and such employees are bound to the Confidentiality provisions in this Contract.
The Provider shall not disclose such Confidential or Proprietary Information to any third
party without prior approval from the SCAO, unless disclosure is required by law or court
order.
9.02 The Provider shall not disseminate any Confidential or Proprietary Information obtained
during any term of the Contract, including but not limited to by issuing press releases,
making public statements about or sharing any of the terms of this Contract with any third
party without doing all of the following: 1) Disclosing to the SCAO the complete content
of the intended communication; 2) obtaining the SCAO's consent; and 3) obligating the
third party to abide by the terms of the Confidentiality provisions in this Agreement,
including obtaining a written agreement if requested by the SCAO.
9.03 If disclosure of Confidential or Proprietary Information is required by law or court order,
the Provider must notify the SCAO within five (5) business days in the manner set forth in
Section 21 of this Contract before disclosure and shall reasonably cooperate with the SCAO
to narrowly tailor disclosure and obtain protective orders or other relief as appropriate.
9.04 The Provider agrees to return all Confidential or Proprietary Information to the SCAO
immediately upon the termination of this Contract and permanently delete any electronic
copies of the data stored by Provider within thirty (30) calendar days after the conclusion
of this Contract. If requested by the SCAO, the Provider will provide written confirmation
that deletion has been completed.
9.05 Section 9 of this Contract survives termination or expiration of this Contract.
10. INSURANCE
10.01 The Provider shall carry insurance or governmental self-insurance coverage in such
amounts as necessary to cover all claims arising out of the Provider's Services and/or the
Provider's failure to provide such Services under the terms of this Contract.
10.02 The SCAO shall be listed as an additional insured except for governmental self -insured
programs on all insurance procured pursuant to this Contract.
10.03 Upon SCAO's request, the Provider shall provide the SCAO with a Certificate of Insurance
or governmental self-insurance evidencing the required coverage, showing SCAO except
for governmental self-insurance programs as an additional insured, and providing that such
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Contract No. SCAO-2022-023
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insurance shall not lapse or be canceled or modified unless SCAO has been given at least
thirty (30) days prior written notice of the intended cancellation or modification in the
manner set forth in Section 21 of this Contract. Should such notice of cancellation be
afforded and insurance coverage is cancelled during the terms of this Contract, the
cancellation will constitute a material breach of this Contract by the Provider.
11. INDEMNITY
11.01 All Liabilities arising solely out of the Provider's Services provided under this Contract,
shall be the sole 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.
11.02 All Liabilities arising solely out of the actions of the SCAO in the performance of this
Contract, shall be the sole 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.
11.03 If the Provider contracts with a private third party to carry out the Provider's
responsibilities under this Contract, then in that contract the Provider will require the
private third parties to indemnify SCAO and the Michigan Supreme Court ("MSC"),
including their officers, and employees (the "SCAO, MSC and related entities") from any
Liabilities that may be imposed upon, incurred by, or asserted against the SCAO, MSC and
related entities arising from the acts or omissions of the private third -party under such
contact. Any private third party who will not agree to such provisions may not be utilized
by the Provider to perform services under this Contract. This subsection does not waive
governmental immunity as provided by law.
11.04 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.
11.05 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.
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12. TERMINATION
12.01 Each party has the right to immediately terminate this contract for any reason, including
but not limited to, appropriation or budget shortfalls upon written notice to the other party
of such termination. However, the terminating party must provide written notice to the
other party of such termination at least ten (10) business days before the termination will
be effective. Termination notice shall be accomplished in the manner set forth in §21 of
this Contract.
Should this Contract be terminated by the Provider, within 30 business days after the
termination, the Provider shall provide the SCAO with all financial, performance, and other
reports required under this Contract. The SCAO will only make payments to the Provider
after receiving such reports and then only for allowable reimbursable costs not covered by
previous payments or other state or federal programs if the costs are adequately
documented. The Provider shall immediately refund to the SCAO any funds not authorized
for use and any payments or funds advanced to the Provider in excess of allowable
reimbursable expenditures. If this Contract is terminated by the SCAO for the Provider's
failure to meet the grant management requirements, the Provider shall not be eligible to
seek future grant funding from the SCAO.
13. COMPLIANCE WITH LAWS
13.01 The Provider shall comply with all applicable laws, ordinances, ethics rules, regulations,
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.
13.02 In accordance with Public Law 103-227, Title X, Part B, Environmental Tobacco Smoke,
20 USC 6081, also known as the "Pro -Children 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.
13.03 The Provider will not discriminate against any employee or applicant for employment with
respect to hire, tenure, terms, conditions, or privileges of employment, because of religion,
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race, color, national origin, age, sex, height, weight, familial status or marital status
pursuant to the Elliott -Larsen Civil Rights Act, found at MCL 37.2101 et seq. The Provider
will also comply with the provisions of the Michigan Persons with Disabilities Civil Rights
Act, MCL 37.1101 et seq., and the Federal Rehabilitation Act of 1973, Public Law 93-
112, § 504, as amended, 29 USC §794. The Provider will also 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
Provider will comply with all other federal, state or local laws, regulations and standards
as they may apply to the performance of this Contract. These awards are subject to the
requirements of the Trafficking Victims Protection Act of 2000 (22 USC §7104 et seq.).
The full text of this requirement is found at httDs://www.acf.hhs.gov/erants/award-tenn-
and-condition-trafficking-persons.
13.04 Because this Contract involves federal grant funds and contracts with governmental
entities, the SCAO and the Provider are subject to the provisions of the federal Freedom of
Information Act, found in 5 U.S.C. 552 et. seq., the Contracts of Public Servants with
Public Entities Act, found in MCL 15.321 et seq., and the Standards of Conduct for Public
Officers and Employees Act, found in MCL 15.341 et seq.
14. MICHIGAN LAW
14.01 This Contract shall be subject to, and shall be enforced and construed under, the laws of
the state of Michigan. Further, the Parties agree to litigate any disputes arising directly or
indirectly from the Contract in the Court of Claims in the state of Michigan, or if the Court
of Claims cannot take jurisdiction over the dispute then by the circuit court determined
appropriate by the SCAO.
15. CONFLICT OF INTEREST
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.
16. DEBT TO STATE OF MICHIGAN
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
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Contract No. SCAO-2022-023
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of Michigan or its subdivisions, including real property, personal property, and income
taxes.
17. MEDIA INTERVIEWS AND ADVERTISEMENTS
The Provider shall not participate in any media interviews or advertisements, including,
but not limited to, the issuance of press releases, or statements relating to the duties
performed in this Contract, without prior SCAO approval.
18. DISPUTES AND REMEDIES FOR BREACH OF OBLIGATION OF
CONFIDENTIALITY
18.01 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 ten (10) business days of
discovery of the alleged breach. Notice must be provided by both electronic mail and by
an overnight delivery service that can track and confirm delivery as provided in §21 below.
The Parties acknowledge that breach of their respective obligations of confidentiality may
give rise to irreparable injury to the non -breaching party, which damage may be
inadequately compensable by monetary damages. As such, should SCAO or the Provider
violate the terms of this Contract by disclosing Confidential and Proprietary Information,
the non -breaching party may seek and obtain immediate injunctive relief against the breach
or threatened breach of the foregoing undertakings, which may be granted without the
necessity of posting a bond or other surety with the court. In addition to injunctive relief,
the non -breaching party may seek any and all other legal remedies which may be available
to it. These remedies include monetary damages. Also, at the sole election of the
nonbreaching party, the non -breaching party may immediately terminate this Contract or
any Proposal or Statement of Work corresponding to the breach or threatened breach,
without any liability to the nonbreaching party and seek any other available remedy.
18.02 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 first attempt to resolve the dispute through mediation. Selection of a
mediator will be by mutual agreement of the Parties.
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19. ENTIRE AGREEMENT
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.
20. AMENDMENT
This Contract may be amended only upon written agreement of the Parties.
21. DELIVERY OF NOTICE
21.01 Unless otherwise specified in this Contract, written notices and communications required
under this Contract shall be delivered in two forms: 1) by electronic mail effective as of
the date of the confirmation of delivery receipt; and 2) by DocuSign, TrueSign or another
reliable electronic document signature method or by overnight delivery sent by a nationally
recognized overnight delivery service effective as of the date of the confirmation of
delivery receipt to all the contact addresses specified below. Failure to notify all
individuals mentioned means that notice is defective and does not meet the requirements
of this paragraph.
A. Provider's Contact Information.
The Provider's contact person is: Suzanne Hollyer
The Provider's mailing address is: Oakland County Friend of the Court
230 Elizabeth Lake Road, Pontiac, MI, 48390
The Provider's email address is: hollyers@oakgov.com
The Provider's phone number is: 248-858-0431
B. SCAO's Contact Information.
The SCAO's contact person is (both must be contacted)
Michelle Hilliker, ODR Manager
Cami Pendell, General Counsel
Mailing address for both: Ms. Michelle Hilliker and Ms. Cami Pendell, State
Court Administrative Office, Michigan Hall of Justice, P.O. Box 30048, Lansing,
MI, 48909
Email addresses (both must be used): hillikermwa courts.mi.eov and
vendellc(a),courts.mi. vov
Phone number for Ms. Hilliker: 517-373-4844
Phone number for Ms. Pendell: 517-373-0128
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Contract No. SCAO-2022-023
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22. SIGNATURE OF PARTIES
22.01 The persons signing this Contract must be a persons authorized to enter into a binding
Contract for the Provider and SCAO. The Provider might have more than one individual
who is authorized to enter into binding contracts for the Provider that is receiving funds,
or the Provider's local rules might provide that multiple people must sign contracts.
However, only one person may sign this Contract as the Provider's authorized signatory.
The undersigned's signature on this Contract represents the mutual agreement and
acceptance of this Contract by all persons who are authorized to enter into binding contracts
for the Provider. The undersigned may not be a judge or other state employee.
23. COUNTERPARTS
23.01 This Contract may be executed by electronic signature in any number of counterparts, each
of which when so executed will be deemed an original, and all of which together, will
constitute one and the same agreement. Signatures sent electronically, by DocuSign, or by
similar means (including scanned images of signatures forwarded by e-mail) will have the
same binding effect as original signatures.
IN WITNESS WHEREOF, the SCAO and the 6th Circuit Court have executed this
Contract:
61 Circuit Court
By: Date:
Signature of Authorized Signatory
Printed or typed name of Authorized Signatory
Authorized Signatory's Title:
SIGMA Vendor Self -Service Customer Number:
STATE COURT ADMINISTRATIVE OFFICE
IC
Elizabeth Rios -Jones
Deputy State Court Administrator
13
Date: