Loading...
HomeMy WebLinkAboutResolutions - 2022.12.08 - 37779 AGENDA ITEM: Grant Acceptance from the State Court Administrative Office for the FY 2023 Access and Visitation Grant 22-411 COMMITTEE MEETING: Board of Commissioners DATE: Thursday, December 8, 2022 9:52 AM - Click to View Agenda ITEM SUMMARY SHEET DEPARTMENT SPONSORED BY Friend of Court Penny Luebs INTRODUCTION AND BACKGROUND The Friend of the Court, in partnership with Impact Consulting, has been awarded $28,000 by the State Court Administrative Office to provide supervised parenting time services to citizens in our community. This grant is passed through the county to Impact. The county incurs no costs for this service. This is a request to accept FY 2023 funding. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Suzanne Hollyer, Friend Of The Court Circuit Court hollyers@oakgov.com ITEM REVIEW TRACKING Penny Luebs, Created/Initiated - 12/8/2022 David Woodward, Board of Commissioners Approved - 12/8/2022 Hilarie Chambers, Executive's Office Approved - 12/9/2022 Lisa Brown, Clerk/Register of Deeds Final Approval - 12/13/2022 AGENDA DEADLINE: 12/08/2022 11:15 AM COMMITTEE TRACKING 2022-11-29 Public Health & Safety - Recommend to Board 2022-12-08 Full Board - Adopted ATTACHMENTS 1. FOC FY 2023 Access Visitation Schedule A 2. Grant Review Sign-Off FY23 3. Attachment B - FOC Service Contract Application (002) (2) 4. Final_AWD00242__FOC_Access-Visitation_FY2023_10_01_2022_(version_0) (1) December 8, 2022 RESOLUTION #2022-2226 _ 22-411 Sponsored By: Penny Luebs Friend of Court - Grant Acceptance from the State Court Administrative Office for the FY 2023 Access and Visitation Grant Chairperson and Members of the Board: WHEREAS the State Court Administrative Office (SCAO) has awarded the Friend of the Court grant funding in the amount of $28,000 for the period of October 1, 2022 through September 30, 2023; and WHEREAS this is the twenty-sixth (26th) 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 Grant 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 2023 Access and Visitation Grant from the State Court Administrative Office (SCAO) in the amount of $28,000 for the period of October 1, 2022 through September 30, 2023. 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. BE IT FURTHER RESOLVED the FY 2023 budget is amended as detailed in the attached Schedule A. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs. Date: December 08, 2022 David Woodward, Commissioner Date: December 09, 2022 Hilarie Chambers, Deputy County Executive II Date: December 13, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-11-29 Public Health & Safety - Recommend to Board 2022-12-08 Full Board - Adopted VOTE TRACKING Motioned by Commissioner Penny Luebs seconded by Commissioner Karen Joliat to adopt the attached Grant Acceptance: from the State Court Administrative Office for the FY 2023 Access and Visitation Grant. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Chuck Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (20) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. FOC FY 2023 Access Visitation Schedule A 2. Grant Review Sign-Off FY23 3. Attachment B - FOC Service Contract Application (002) (2) 4. Final_AWD00242__FOC_Access-Visitation_FY2023_10_01_2022_(version_0) (1) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 8, 2022, 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 8, 2022. Lisa Brown, Oakland County Clerk / Register of Deeds Oakland County, Michigan RIEND OF THE COURT – FY 2023 ACCESS AND VISITATION GRANT – ACCEPTANCE Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG)Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2023 Amendment FY 2024 Amendment FY 2025 Amendment R Other Grants CC Family Friend of the Court FND11011 CCN3010404 RC610313 PRG126030 GRN-0001146 Federal Operating Grants $(18,000.00)$-$- Total Revenues $(18,000.00)$-$- E Other Grants CC Family Friend of the Court FND11011 CCN3010404 SC731458 PRG126030 GRN-0001146 Professional Services $(18,000.00)$-$- Total Expenditures $(18,000.00)$-$- R Other Grants CC Family Friend of the Court FND11011 CCN3010404 RC610313 PRG126030 GRN-1003985 Federal Operating Grants $28,000.00 $-$- Total Revenues $28,000.00 $-$- E Other Grants CC Family Friend of the Court FND11011 CCN3010404 SC731458 PRG126030 GRN-1003985 Professional Services $28,000.00 $-$- Total Expenditures $28,000.00 #REF!#REF! GRANT REVIEW SIGN-OFF – Friend of the Court GRANT NAME: FY 2023 Access and Visitation Grant FUNDING AGENCY: State Court Administrative Office (SCAO) DEPARTMENT CONTACT PERSON: Suzanne Hollyer/(248) 858-0431 STATUS: Grant Acceptance (Greater than $10,000) DATE: 10/20/2022 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 – Sheryl Johnson (10/14/2022) Human Resources: Approved by Human Resources. No position implications. - Heather Mason (10/18/2022) Risk Management: Approved – Robert Erlenbeck (10/18/2022) Corporation Counsel: Approved – Heather Lewis (10/17/2022) Contract Between the State Court Administrative Office and 6th Circuit Court Contract No. SCAO-2023-019 1. DEFINITIONS GOVERNING CONTRACT The definitions in this Section govern the terms used in the Contract. 1.01 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. In addition, Confidential or Proprietary Information is personally identifiable information (PII) or information that could lead to the discovery of PII and/or information protected from disclosure by law or regulation. 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 • 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-2023-019 Page 2 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 6th Circuit Court located at 230 Elizabeth Lake Road, Pontiac, MI 49341, Contract No. SCAO-2023-019, 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-2023-019 Page 3 3 1.09 The term “Provider” means the party(ies) with which the State Court Administrative Office is contracting (here the 6th 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: Contract No. SCAO-2023-019 Page 4 4 3. TERM OF CONTRACT 3.01 This Contract covers Provider expenditures beginning October 1, 2022 and ending on September 30, 2023. 3.02 This Contract terminates on September 30, 2023, 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: 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. Contract No. SCAO-2023-019 Page 5 5 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 Service Contract 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. PERFORMANCE AND PRICING 6.01 The SCAO agrees to pay the Provider a sum not to exceed $28,000.00 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, 2022 through the end of this Contract term. 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 Contract No. SCAO-2023-019 Page 6 6 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 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, Contract No. SCAO-2023-019 Page 7 7 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 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. Contract No. SCAO-2023-019 Page 8 8 11. INDEMNITY 11.01 Unless Section 11.02 applies, the Provider agrees to indemnify, defend and hold harmless the SCAO, the Michigan Supreme Court (the “MSC”), and their respective agents, 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 by reason of the Provider’s Services provided and/or the Provider’s failure to provide such Services under this Contract. The Provider’s obligation to indemnify the SCAO, MSC and related entities is not limited by: (1) failure to procure and/or maintain insurance for Provider; (2) failure to procure and/or maintain sufficient insurance for Provider; (3) by operation of insurance deductibles, holdbacks, or minimums; or (4) by any other circumstances. 11.02 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 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. B. 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. C. In the event that Liabilities arise as a result of Services jointly engaged in by the Provider and SCAO in the performance of this Contract, all Liabilities shall be borne by the Provider and SCAO proportionately with the relative fault of each party. Nothing in this subsection is, nor shall be construed as, a waiver of governmental immunity. D. If the Provider contracts with a private third party(ies) 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(ies) under such contract. 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. Contract No. SCAO-2023-019 Page 9 9 11.03 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. 11.04 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. 11.05 Section 11 of this Contract survives termination or expiration of this Contract. 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. Contract No. SCAO-2023-019 Page 10 10 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, 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 https://www.acf.hhs.gov/grants/award-term- 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. Contract No. SCAO-2023-019 Page 11 11 14. MICHIGAN LAW 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 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 Contract No. SCAO-2023-019 Page 12 12 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. 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. Contract No. SCAO-2023-019 Page 13 13 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, 49341 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): hillikerm@courts.mi.gov and pendellc@courts.mi.gov Phone number for Ms. Hilliker: 517-373-4844 Phone number for Ms. Pendell: 517-373-0128 22. SIGNATURE OF PARTIES 22.01 The person signing this Contract must be a person 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. The Provider’s authorized signatory might be from the Executive or Legislative Branch of the Provider’s funding unit. For example, the Authorizing Official for a circuit court might be the County Administrator or Chair of the Board of Commissioners, while the Authorizing Official for a district court might be its Court Administrator, the City Manager, Legal Counsel, Finance Director, or Mayor. Contract No. SCAO-2023-019 Page 14 14 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: 6th 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: CV0048080 STATE COURT ADMINISTRATIVE OFFICE By: ____________________________ Date: ________________ Elizabeth Rios-Jones Deputy State Court Administrator Overview Summary Prime Grantor United States Department of Health and Human Services Grantor Michigan State Court Administrative Office Grantor Direct Cost / Grantor Indirect Cost 28,000.00 / 0.00 Award Contract Dates 10/01/2022 - 09/30/2023 CFDA Number 93.597 - Grants to State for Access and Visitation Programs Company Oakland County Name FOC Access-Visitation FY2023 Award Lifecycle Status Open Grantor Award Reference Number Award Date 10/01/2022 Award Signed Date Award Type Other Awards Award Tier 2 - $10,001 - $250,000 Award Status Approved Version 0 Version Status Award In Effect Billing Schedule Schedule Status Federal Award Id Number CFDA Number 93.597 - Grants to State for Access and Visitation Programs CFDA Description Grants to State for Access and Visitation Programs Institutional Id Award Group 03 - Tammy Award Contract Owner Award Calendar Award Schedule FOC Access and Visitation - FY2023 Start Date 10/01/2022 End Date 09/30/2023 Contract Start Date 10/01/2022 Contract End Date 09/30/2023 View Award: AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) 12:54 PM 10/20/2022 Page 1 of 9 Grantor Funding Details Grant Review Information Period Name Period Number Start Date Contract Start Date End Date Contract End Date Award Posting Interval Name Posting Interval Start Date End Date FY2023 1 1 10/01/2022 Yes 09/30/2023 Yes Budget Period 10/01/2022 09/30/2023 Is Subaward Yes Prime Grantor United States Department of Health and Human Services Grantor Michigan State Court Administrative Office Bill-To Grantor Michigan State Court Administrative Office Letter Of Credit Document ID Currency USD Grantor Direct Cost 28,000.00 Grantor Indirect Cost 0.00 Grantor Total 28,000.00 Match Total 0.00 Match Required by Grantor No Award Total 28,000.00 Zero Amount Award No Entered Line Amount 28,000.00 Authorized Amount 28,000.00 Billing Limit Override 0.00 Billed To Date 0.00 Anticipated Grantor Direct Cost 0.00 Anticipated Indirect Cost 0.00 Anticipated Grantor Total 0.00 Grant Review Information Grant Review Information Type Comment 01. Due Date for Reviewer Comments:10/17/2022 07. Contract - Indicate Contractor(s) and Service/Product(s):Impact Consulting - Supervised Parenting Time 16. Grantor Submission Due Date:as soon as possible 15. Match/Source (if applicable):No requirement for matching funds 14. Total Budget:28,000.00 View Award: AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) 12:54 PM 10/20/2022 Page 2 of 9 Proposal Notes Attachments Award Lines Grant Review Information Type Comment 13. Grantor Funds:28,000.00 12. New Grant Funded Position(s) Request:Zero 11. Prior Year Total Funding:28,000.00 10. Funding Continuation:Continuation 09. IT Resources (New Computer Hardware/Software Needs or Purchases):None 08. New Facility/Office Space Needs:None 06. Will you issue subaward(s) – Indicate Agency(ies):Yes, Impact Consulting 05. Original Source of Funding:Federal, Department of Health and Human Services, Administration for Child and Families, CFDA 93.597 04. Document Identification Number:SCAO-2023-XXX 03. Department Contact Name/Number:Suzanne Hollyer, 248-858-0431 02. Operating Department:Friend of the Court Proposal ID Proposal Version Related Proposals Award Proposal APP00031: FOC Access-Visitation FY2023 10/01/2022 Award Notes Notes The Supervised Parenting Time Program goal is to provide safety for children and victims of violence while court-ordered parenting time is facilitated.  We have contracted with Impact Consulting, Inc. to provide this service for the county. The funds we receive allow Impact to provide reduced fee and sometimes free services to very low-income parents who might not otherwise be able to see their children due to issues of domestic violence, substance abuse and mental health. Additional funding often becomes available when certain counties cannot spend their entire grant. No county money is committed to this project. Attachments Attachment Attachment B - FOC Service Contract Application (002).pdf S-FOC-AV Contract No SCAO-2023-019 (C6 Oakland).pdf MR Cir Ct FOC FY 2023 Access Visitation Grant Acceptance.doc View Award: AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) 12:54 PM 10/20/2022 Page 3 of 9 Award Lines Overview Award Line Summary Award Lines Contract Line Line Number Status Award Line Lifecycle Status Company From Date To Date Current Amount Billed Amount Grant Billing Schedule Contract Line Type Current Rate Rate Agreement Basis Type Cost Rate Type AWD00242 RC610313 - Federal Operating Grants (Line 1) 1 Active Open Oakland County 10/01/2022 09/30/2023 $28,000.00 $0.00 GRN-1003985 FY2023 FOC Access and Visitation Fixed Amount 0.00%0% Rate (01/01/1900) Total Direct Costs Oakland County Award Line Summary Line Line Number Grant Revenue Category Line Type Line Status Line Amount Billing Schedule Scheduled, In Progress, and Ready To Bill Amount Billed Amount From Date To Date AWD00242 RC610313 - Federal Operating Grants (Line 1) 1 GRN-1003985 FY2023 FOC Access and Visitation RC610313 - Federal Operating Grants Fixed Amount Active 28,000.00 0.00 0.00 10/01/2022 09/30/2023 Authorized Amount 28,000.00 Entered Line Amount 28,000.00 Award Lines Award Line AWD00242 RC610313 - Federal Operating Grants (Line 1) Line Number 1 Billed Amount 0.00 Line Status Active Line Item Details Company Oakland County Line Type Fixed Amount Primary Yes Grant GRN-1003985 FY2023 FOC Access and Visitation Line Amount 28,000.00 Revenue Category RC610313 - Federal Operating Grants Award Line Lifecycle Status Open Spend Restriction Line Item Description Deferred Revenue No View Award: AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) 12:54 PM 10/20/2022 Page 4 of 9 Budget Budget Details Line CFDA Number Line CFDA Description Indirect Cost Current Rate 0.00% Rate Agreement 0% Rate (01/01/1900) Basis Type Total Direct Costs Object Class Set Standard Cost Rate Type Oakland County Exception Revenue Allocation Profile Non-Departmental General Fund & Finance Program Basis Limit Additional Information From Date 10/01/2022 To Date 09/30/2023 Memo Cost Center CCN3010404 Circuit Court Family Court Friend of the Court Program *Fund FND11011 Other Grants Additional Worktags Subrecipient Line Federal Award Id Number Award Line Notes Line Notes Impact Consulting bills us quarterly and we pay from SC731458. Billing Line Notes Revenue Recognition Line Notes Details Budget Template Award - Total Expense by Grant : AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) Budget AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) Edit Budget Check Enabled Yes View Award: AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) 12:54 PM 10/20/2022 Page 5 of 9 Award Tasks Award Tasks Due Next 90 Days Award Tasks Budget Check Options Include Reserved Journal Lines Yes Allow Credit Transactions to Pass Yes Budget Check Option Warn Evaluation Date Budget Date Cumulative Control Periods Yes Budget Check Control Periods Control by Duration Ledger Types for Budget Check Actuals Commitments Obligations Allow Budget Check Override No Budget Information Company Oakland County Budget Structure Award - Total Expense by Grant Years FY2023 1 Entry Type Project and Award Currency USD AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) Award Amount 28,000.00 Budget Period 28,000.00 Budget Lines *Ledger Account/Summary *Grant Budget Period Amount Master Account Set: Expense GRN-1003985 FY2023 FOC Access and Visitation 28,000.00 Subtotals Budget Period 28,000.00 Status Tasks Due in Next 90 Days Total 0 View Award: AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) 12:54 PM 10/20/2022 Page 6 of 9 Award Tasks Due Next 90 Days or Overdue Billing & Receivables Schedules View Grantor Invoices for Award Award Prepayment Summary OCM - Cost Reimbursable Unbilled Transactions Additional Reports Award Header Roles Grant Roles Award Tasks Line Number Grant Start Date End Date Due Date Role Assigned Workers Status Billing Milestone Used by Schedules / Installments Grantor Billing Bill-To Grantor Michigan State Court Administrative Office Letter Of Credit Document ID Invoice Invoice Status Award Billing Sequence Number Adjustment Reason Invoice Type Invoice Date Invoice Amount Amount Due Currency Due Date Invoice Followup Date Is On Hold Collection Code Dispute Reason Payment Status Payment Type Memo Schedule Total Prepayment Amount Applied Remaining Prepaid Balance Prepayment Consumed Award Grantor Billing Status Cost Reimbursable Spend Line Transaction Source Initiating Spend Transaction of Indirect Cost or Award Revenue Operational Journal Accounting Date Budget Date Spend Category for Billable Transactions Grant Cost Center Fund Program Region Grant Unit Billable Amount Assigned Roles Assignable Role Assigned To View Award: AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) 12:54 PM 10/20/2022 Page 7 of 9 Set Up & History Set Up Process History Line Number Grant Assignable Role Assigned To Role From 1 GRN-1003985 FY2023 FOC Access and Visitation Grant Accountant - Grant Tammy Metrick (18258)Inherited Grant Budget Specialist - Grant Antonio Pisacreta (19638)Inherited Grant Financial Analyst Sarah Bogues (19443)Inherited Grant Manager Jeanette Miracle-Leshan (11912)Inherited Budget Default Budget Structure Award - Total Expense by Grant Default Entry Type Project and Award Default Balanced Amendment Yes Spend Restriction Spend Restriction Default Award Billing Sequence Award Billing Sequence Active No Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Award Event Award Event Submitted 09/22/2022 12:27:02 PM 09/24/2022 Jeanette Miracle-Leshan (11912)1 Award Budget Hub Event Award Budget Hub Event Withdrawn 0 Award Event Award Event Submitted 10/13/2022 09:27:35 AM 09/24/2022 Jeanette Miracle-Leshan (11912)1 Award Budget Hub Event Award Budget Hub Event Step Completed 10/13/2022 09:47:22 AM Jeanette Miracle-Leshan (11912) (Initiator) 1 Budget Event Budget Event Approved 10/13/2022 09:47:58 AM Jeanette Miracle-Leshan (11912) (Initiator) 1 Budget Event To Do: Financial Budget Approval Confirmation Not Required 0 Budget Event Approval by Budget Manager Not Required 0 Award Event Review Award Approved 10/13/2022 01:14:02 09/24/2022 Antonio Pisacreta (19638) (Grant 1 View Award: AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) 12:54 PM 10/20/2022 Page 8 of 9 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment PM Budget Specialist) Award Event Review Award Approved 10/14/2022 10:24:37 AM 09/24/2022 Tifanny Keyes-Bowie (12452) (Sponsored Programs Manager) 1 Award Event Review Award Approvers Added 10/14/2022 02:03:26 PM 09/24/2022 Tifanny Keyes-Bowie (12452) (Sponsored Programs Manager) 1 Award Event Review Award Approved 10/14/2022 02:03:26 PM 09/24/2022 Tifanny Keyes-Bowie (12452) (Sponsored Programs Manager) 1 Award Event Review Award Approved 10/14/2022 05:08:26 PM 09/24/2022 Sheryl Johnson (41706) (Grant Review Departments) 1 Sheryl Johnson: Thanks for filling out the CFDA number!! Award Event Review Award Approved 10/17/2022 01:03:40 PM Heather Lewis (28550)1 Award Event Approval by Grant Review Departments (All) Approved 10/18/2022 01:18:44 PM 10/24/2022 Heather Mason (14906) (Grant Review Departments) 1 Heather Mason: Approved by Human Resources. No position implications. Award Event Approval by Grant Review Departments (All) Approved 10/18/2022 09:04:59 PM 10/24/2022 Robert Erlenbeck (27643) (Grant Review Departments) 1 Budget Event To Do: Enable Budget Check Not Required 0 Budget Event To Do: Enable Budget Check - Financial Budget Not Required 0 Budget Event To Do: Project Budget has been entered and approved Not Required 0 Award Billing Schedule Event Award Billing Schedule Event Awaiting Action Tammy Metrick (18258) (Grant Accountant - Intersection) 1 View Award: AWD00242: FOC Access-Visitation FY2023 10/01/2022 (version 0) 12:54 PM 10/20/2022 Page 9 of 9