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HomeMy WebLinkAboutResolutions - 2024.11.21 - 41728 AGENDA ITEM: Grant Acceptance from the State Court Administrative Office for the FY 2025 Access and Visitation Program DEPARTMENT: Friend of the Court MEETING: Board of Commissioners DATE: Thursday, November 21, 2024 1:46 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4632 Motion to accept the FY 2025 Access and Visitation Grant Amendment from the State Court Administrative Office in the amount of $20,000, for the period of October 1, 2024 through September 30, 2025;further, authorize the Chair of the Board of Commissioners to execute the grant agreement;further, amended the FY 2025 budget as detailed in the attached Schedule A. ITEM CATEGORY SPONSORED BY Grant Penny Luebs INTRODUCTION AND BACKGROUND This grant allows us to pass through funding to support supervised parenting time in the county. The State Court Administrative Office (SCAO) has awarded the Friend of the Court grant funding in the amount of $20,000 for the period of October 1, 2024 through September 30, 2025. This is the twenty-eighth (28th) year of the grant acceptance for this program. 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. Matching funds are not required by the grant from Impact Consulting, Inc. or the Oakland County Friend of the Court. The grant agreement has completed the Grant Review Process in accordance with the Board of Commissioners Grant Acceptance Procedures. POLICY ANALYSIS 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. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Suzanne Hollyer, Friend Of The Court ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 11/21/2024 AGENDA DEADLINE: 11/21/2024 9:30 AM ATTACHMENTS 1. Friend of the Court - FY2025 Access and Visitation Grant Acceptance (Schedule A) 2. Grant Review Sign-Off FY25 3. FOC-AV Contract No. SCAO-2025-042 (C6 Oakland)-S (002) 4. AV safety plan COMMITTEE TRACKING 2024-11-12 Public Health & Safety - Recommend to Board 2024-11-21 Full Board - Adopt Motioned by: None Seconded by: None Yes: None (0) No: None (0) Abstain: None (0) Absent: (0) Oakland County, Michigan Friend of the Court - FY 2025 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 2025 Amendment FY 2026 Amendment FY 2027 Amendment R Other Grants Circuit Court Family Court FND11011 CCN3010404 RC610313 PRG126030 GRN-1004255 610000 Federal Operating Grants $(23,000)$(23,000)$(23,000) Total Revenues $(23,000)$(23,000)$(23,000) E Other Grants Circuit Court Family Court FND11011 CCN3010404 SC731458 PRG126030 GRN-1004255 730000 Professional Services $(23,000)$(23,000)$(23,000) Total Expenditures $(23,000)$(23,000)$(23,000) R Other Grants Circuit Court Family Court FND11011 CCN3010404 RC610313 PRG126030 GRN-1004552 610000 Federal Operating Grants $20,000 $20,000 $20,000 Total Revenues $20,000 $20,000 $20,000 E Other Grants Circuit Court Family Court FND11011 CCN3010404 SC731458 PRG126030 GRN-1004552 730000 Professional Services $20,000 $20,000 $20,000 Total Expenditures $20,000 $20,000 $20,000 GRANT REVIEW SIGN-OFF – Friend of the Court GRANT NAME: FY 2025 Access and Visitation Grant AWD00553 FUNDING AGENCY: State Court Administrative Office (SCAO) DEPARTMENT CONTACT PERSON: Suzanne Hollyer/(248) 858-0431 STATUS: Grant Acceptance (Greater than $10,000) DATE: 10/14/2024 Please be advised that 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 email and the grant agreement/contract with related documentation) should be downloaded into Civic Clerk to be placed on the next agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved – Shannon Lee (10/04/2024) Human Resources: Approved by Human Resources. No position impact. - Hailey Matthews on behalf of Heather Mason (10/03/2024) Risk Management: Approved. Allows the County to self-insure and waives the additional insured requirement. – Robert Erlenbeck (10/09/2024) Corporation Counsel: Approved. Corporation Counsel conducted a legal review of the initial and the updated agreement (provided by SCAO 10.14.24). CC confirmed with S. Hollyer that she has thoroughly reviewed the agreements and other related documents. She has no questions or concerns, and the department can and intends to comply with all terms of the updated contract. NOTE: The initial agreement contained indemnification language that was removed/changed at CC request. No other changes were made. Both T. Keyes-Bowie and S. Hollyer provided updated agreement from SCAO on 10.14.24. – Heather Lewis (10/14/2024) [Revised agreement is attached with contract modifications per Corp Counsel] Contract Between the State Court Administrative Office and 6th Circuit Court Contract No. SCAO-2025-042 1. DEFINITIONS GOVERNING CONTRACT The definitions in this Section govern the terms used herein. 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 its Services for the SCAO. Confidential or Proprietary Information is information not generally known to the public, third parties 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 the SCAO or any of its vendors, including by way of illustration, but not limitation, computerized data, source codes, 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 trademark-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 Provider’s retention should be presumed confidential unless the information is clearly identified otherwise or the circumstances of disclosure demonstrate it not to be confidential. 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. 1.02 The term “Contract” as used in this document means the Contract between the State Court Administrative Office, located in Lansing, Michigan, and the 6th Circuit Court, located at 230 Elizabeth Lake Road, Pontiac, MI 49341, 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. Contract No. SCAO-2025-042 Page 2 2 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, paid breaks, sick pay, vacation pay, or such other benefits. 1.05 The term “Expenses” means all expenses that have been approved by SCAO before they were incurred, 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 later in this section. 1.06 The term “Pre-existing 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 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. 1.09 The term “Provider” means the party(ies) with which the State Court Administrative Office is contracting 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 Section 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 the Provider is responsible. Contract No. SCAO-2025-042 Page 3 3 1.13 The term “Travel Expenses” means expenses the 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. Reimbursable travel expenses must be approved by SCAO before they are incurred. 1.14 The term “Work Product” refers to reports, programs, manuals, tapes, and videos and any intellectual property created under this Contract, including training materials, power point presentations and/or any other written or electronic materials prepared under this Contract and amendments thereto. It also includes computer data, such as programs and software in various stages of development and source codes and object codes, and any other work product prepared by the Provider under this Contract and amendments thereto. 2. GENERAL PROVISIONS 2.01 This Contract is made between the State Court Administrative Office, Lansing, Michigan (the “SCAO”) and 6th Circuit Court, Oakland County Friend of the Court, (the “Provider”). 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 and pick-up 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, Assistance Listing 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 to the terms set forth herein. 3. TERM OF CONTRACT 3.01 This Contract becomes effective on the Effective Date. 3.02 This Contract terminates on September 30, 2025, 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. Contract No. SCAO-2025-042 Page 4 4 4.02 SCAO is not obligated either under this Contract or by implication to provide 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 and will not enter into contracts on the SCAO’s behalf. 5. SCOPE OF SERVICES 5.01 The Provider will provide the agreed upon Services. These 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: 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 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. Contract No. SCAO-2025-042 Page 5 5 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 in providing the Services under this Contract. 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 $20,000.00 for the Services performed and Expenses incurred pursuant to this Contract. This sum includes any and all remuneration to which the Provider is entitled for Services rendered from October 1, 2024, 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 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. Contract No. SCAO-2025-042 Page 6 6 8. METHOD OF PAYMENT 8.01 The Provider agrees to receive payments by electronic funds transfer through Michigan’s Statewide Integrated Governmental Management Application (SIGMA) vendor payment system. 8.02 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 the period for which payment is sought; the Contract number; the Provider’s full name and mailing address (including the name of the Provider’s representative to whom payment should be sent) and the Provider’s SIGMA Vendor Self Service Number. 8.03 Notwithstanding anything to the contrary in this Contract, and without prejudice to any other rights it may have, the SCAO reserves the right at any time to off-set against any payments mentioned in Section 8.02 any amounts payable by the Provider to the SCAO and/or payments necessary to mitigate the damages caused by the Provider to the SCAO in its performance of this Contract. 9. CONFIDENTIALITY OF 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 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 24 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. 9.03 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. 9.04 Section 9 of this Contract survives termination or expiration of this Contract. Contract No. SCAO-2025-042 Page 7 7 10. RIGHTS TO WORK PRODUCT AND INTELLECTUAL PROPERTY 10.01 All Work Product shall belong to and is and will be owned by the SCAO and will be subject to copyright or patent only by the SCAO. The SCAO shall have the right to obtain from the Provider original materials produced under this Contract and shall have the right to distribute those materials. 10.02 The SCAO shall have copyright, property, and publication rights in all Work Product. 10.03 The SCAO grants the Provider a royalty-free, nonexclusive license to use any Work Product that is not Confidential or Proprietary as defined in Section 9 of this Contract if the Work Product enters the public domain. However, the Provider shall not publish or distribute any Work Product without the prior written permission of the SCAO. 10.04 The Provider shall safeguard the Provider’s property, materials and Work Product. The SCAO is not responsible and will not be subject to any Liabilities for any claims related to the loss, damage, or impairment of Provider’s property, materials and/or Work Product. 10.05 The Provider shall promptly disclose in writing to SCAO all Pre-existing Inventions, Patented and/or Copyrighted Materials used to provide Services under this Contract. 10.06 The Provider grants the SCAO a royalty-free, nonexclusive license to use any Work Product used to provide Services under the Contract. 10.07 The Provider shall assist the SCAO in determining and acquiring copyrights, patents, or other such intellectual property protection for any Work Product for which the SCAO desires to obtain such protection. 10.08 The Provider warrants that as of the Effective Date of the Contract, there are no Pre-existing Inventions, Patented and/or Copyrighted Materials for which the Provider seeks protection or which the Provider desires to remove from the Contract provisions before entering into this Contract, except those specifically set forth by attachment hereto. Further, the Provider warrants that its performance under this Contract will not infringe upon or misappropriate any third party’s patents, copyrights or other intellectual property rights. 10.09 The Provider further warrants that as of the Effective Date of the Contract, the Provider has obtained all material licenses, authorizations, approvals and/or permits required by law to conduct its business generally and to perform its obligations under this Contract. Contract No. SCAO-2025-042 Page 8 8 11. WARRANTIES AND REPRESENTATIONS BY PROVIDER 11.01 The Provider represents and warrants to the SCAO that: (a) it will perform all Services in a professional and workmanlike manner in accordance with best industry standards and practices for similar services, using personnel with the requisite skill, experience and qualifications, and will devote adequate resources to meet its obligations under this Contract, including those obligations set forth in the Statement of Work (if applicable); (b) the Services provided by Provider will not infringe upon the patent, trademark, copyright, trade secret, or other intellectual property or proprietary rights of any third party; (c) it has the full right, power, and authority to enter into this Contract, to grant the rights granted under this Contract, and to perform its contractual obligations; and (d) all information furnished and representations made in connection with the award of this Contract is true, accurate, and complete, and contains no false statements or omits any fact that would make the information misleading. A breach of this Section is considered a material breach of this Contract, which entitles the SCAO to terminate this Contract. 11.02 The Provider further represents and warrants that it is not subject to any nondisclosure, noncompetition, or similar agreement with current or prior clients or employers that will interfere with the performance of this Contract. The SCAO is not liable for any such claims, in any event. 12. INSURANCE 12.01 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. 12.02 The SCAO shall be listed as an additional insured except for governmental self- insured programs on all insurance procured pursuant to this Contract. 12.03 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 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 25 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-2025-042 Page 9 9 13. INDEMNITY 13.01 Provider and SCAO will remain responsible for any claims arising out of their respective performance of this Agreement as provided by this Agreement or by law. This Agreement is not intended to increase or decrease either party’s liability for, or immunity from, tort claims. This Agreement is not intended to, nor will it be interpreted as, giving either party a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement. 13.03 Nothing in this Agreement shall be construed as a waiver of governmental immunity that has been provided to either Provider or SCAO, or its employees or agents, by law, which both Provider and SCAO expressly reserve. 13.04 Section 13 of this Contract survives termination or expiration of this Contract. 14. TERMINATION 14.01 Each party has the right to terminate this Contract without cause. However, the terminating party must provide written notice to the other party of such termination at least ten business days before the termination will be effective. Termination notice shall be accomplished in the manner set forth in Section 24 of this Contract. 14.02 The Provider recognizes that SCAO is, from time to time, subject to state appropriation and budget shortfalls. Thus, the SCAO has the right to immediately terminate this Contract without penalty due to appropriation or budget shortfalls upon ten (10) business days of written notice to the other party of such termination as specified in Section 24 of this Contract (the “Effective Termination Date”). 14.03 The SCAO will pay any compensation due to the Provider from the effective date of termination after an invoice is submitted to, and if approved by, the SCAO. The Provider will refund any compensation to the SCAO that was made in excess of the amount invoiced and approved by SCAO at the time of termination. 15. COMPLIANCE WITH LAWS 15.01 The Provider shall comply with all applicable laws, ordinances, ethics rules and codes of the federal, state, and local governments and the judiciary, and shall save and hold the SCAO harmless with respect to any damages arising from any violation of the same by the Provider. 15.02 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 Contract No. SCAO-2025-042 Page 10 10 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. 15.03 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, sexual orientation, gender identity or expression, 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. 15.04 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. 16. 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. 17. 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. The Provider is not subject to any nondisclosure, Contract No. SCAO-2025-042 Page 11 11 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. 18. PROHIBITION ON USE OF SCAO FOR PROMOTIONAL OR MARKETING PURPOSES 18.01 The Provider is not permitted to utilize the SCAO’s or the Michigan Supreme Court’s name, logo or other images, or website information for promotional or marketing purposes. 18.02 The Provider shall not issue press releases, make public statements about or share 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 written 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. 19. 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. 20. DISPUTES 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 Section 24 below. 21. 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. 22. AMENDMENT This Contract may be amended only upon written agreement of the Parties. Contract No. SCAO-2025-042 Page 12 12 23. SEVERABILITY Should any portion of this Contract be found to be invalid, illegal or unenforceable, then such portion as is reasonably necessary to remove such invalidity, illegality or unenforceability shall be deleted, and the remaining terms hereof shall continue in full force and effect. 24. DELIVERY OF NOTICE Written notices and communications required under this Contract shall be delivered in two forms: 1) by electronic mail, with confirmation of delivery receipt; and 2) by overnight delivery sent by a nationally recognized overnight delivery service, upon written confirmation of delivery from the service. Delivery shall be to the following addresses: A. The Provider’s contact information is: Suzanne Hollyer 6th Circuit Court, Oakland County Friend of the Court Mailing address: 230 Elizabeth Lake Road, Pontiac, MI 49341 Email address: hollyers@oakgov.com Phone number: 248-858-0431 B. The SCAO’s contact information is (both must be contacted): Michelle Hilliker, ODR Manager Alicia Moon, General Counsel Mailing address for both: Ms. Michelle Hilliker and Ms. Alicia Moon 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 MoonA@courts.mi.gov Phone number for Ms. Hilliker: 517-373-4844 Phone number for Ms. Moon: 517-373-1294 25. SIGNATURE OF PARTIES This Contract becomes effective on its Effective Date. Contract No. SCAO-2025-042 Page 13 13 26. COUNTERPARTS 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, Provider 6th Circuit Court and SCAO have executed this Contract: 6TH CIRCUIT COURT By: Date: (printed or typed name of Provider’s Authorized Signatory) Title: STATE COURT ADMINISTRATIVE OFFICE By: Date: Elizabeth Rios-Jones Title: Deputy State Court Administrator Michigan Supreme Court State Court Administrative Office Office of Dispute Resolution Supervised Visitation and Parent Exchange Page 1 of 3 Safety Plan Best Practices Supervised Visitation and Parent Exchange Safety Plan Best Practices I. Prior to Any Visits A. Secure facility • Separate parking areas for both parties. • Separate entrances for both parties. • Limited access within the facility. • Controlled environment for parenting time. B. Ensure facility meets all state and local fire, building and health codes C. Notify local law enforcement for quick response when called D. Create policy regarding conditions of supervised visitations • Will additional visitors be allowed? • Any toys, gifts, food for the child. • Any allowance for taking photos, recordings. • Use of cell phones. • Create written protocols for emergency situations. E. Develop written policies and procedures for intervening in and ending parent/child visits in progress • If a child is in distress. • If a parent is not following the program rules set out in the service agreement. • If a participant is at risk of imminent harm either emotionally or physically. II. Intake A. Information received from Court or other referring agency • Type of case. • Reason for supervised visitation. B. Interview both parties, custodial parent (CP) and non-custodial parent (NCP) separately and at different times • Their reason for referral. • Obtain personal info (Copy driver’s license/ photo ID). Supervised Visitation and Parent Exchange Page 2 of 3 Safety Plan Best Practices • Obtain emergency contact information. • Any family issues that may impact child safety during visitations. • Any chronic medical conditions of all participants that may affect child safety during visitations. • Determine spoken language, have an interpreter available. C. Explain the program rules and policies covering the visitation, and possible termination • No Alcohol. • No Marijuana. • No Weapons. • No negative talk or belittling. • Time limits of visits. o NCP Earlier arrival time (15 minutes) o NCP Delayed departure time (15 minutes) D. Have each parent sign a service agreement E. Conduct Background on all parties • Check Michigan Offender Tracking Information System (Michigan Department of Corrections). • Check ICHAT. • Review court file. III. Visitation Days A. Secure meeting room. Remove unnecessary items, any potential weapons, etc. B. Use separate entrances C. Stagger times D. CP should not be able to see NCP, vice versa E. Child not to be left alone with NCP F. NCP cannot leave with child G. Visitation supervisor should have cell phone and/or duress button to quickly summon assistance H. Separate waiting area for CP I. NCP cannot view the departure of child and CP J. Consider additional supervisors when more than one child is visiting K. Discussion of safety arrangements Supervised Visitation and Parent Exchange Page 3 of 3 Safety Plan Best Practices IV. Conclusion Of Visitation A. Departure of child and CP B. Delayed departure of NCP C. Creation of factual notes of visitation • Who brought the child? • Who supervised the NCP and child? • Any additional observers. • Date, time, and duration of NCP and child contact. • Account of any critical incidents. • Next step or planned visit.