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HomeMy WebLinkAboutResolutions - 2007.10.18 - 9330October 18, 2007 MISCELLANEOUS RESOLUTION # 07238 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2008 ACCESS AND VISITATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Friend of the Court submitted a renewal application for the Federal Access and Visitation Grant administered through the State Court Administrative Office (SCA0); and WHEREAS this grant is for services to be performed in conjunction with HAVEN, which facilitates Parenting time (visitation) for certain cases as determined by the Court; and WHEREAS the Friend of the Court has been awarded the grant for services performed through such agencies not to exceed $24,000 for the period covering October 1, 2007 through September 30, 2008; and WHEREAS there are no required in-kind matching funds from HAVEN, or the Oakland County Friend of the Court. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2008 Access and Visitation Grant in an amount not to exceed 824,000. BE IT FURTHER RESOLVED that the Oakland County Friend of the Court will contract with HAVEN to provide the services as detailed in the grant award. BR IT FURTHER RESOLVED that matching funds are no longer required by this grant from HAVEN or the Oakland County Friend of the Court. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote with Gershenson absent GRANT REVIEW SIGN OFF — Friend of the Court GRANT NAME: 2008 Access and Visitation Grant FUNDING AGENCY: State Court Administrative Office DEPARTMENT CONTACT PERSON: Suzanne Hollyer / 858-0431 STATUS: Grant Acceptance DATE: September 7, 2007 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to he placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (08/29/2007) Department of Human Resources: Approved by HR. — Jennifer Mason (08/30/2007) Risk Management and Safety: Approved by Risk Management - Andrea Plotkowski (08/30/2007) with following modifications: IX. INSURANCE: 9.1: The Contractor will provide and maintain liability insurance or liability self-insurance in such amounts as necessary to cover all claims that may arise out of the Contractor's or subcontractor's operations under this Agreement. The Contractor will maintain unemployment compensation coverage and workers' compensation insurance or workers' compensation self-insurance in accordance with applicable federal and state law and regulations. The Contractor will carry all insurance coverage required by Michigan law. X. LIABILITY 10.2: The Contractor agrees to safeguard its property and materials, ani that of its employoos or *:q4ept-41-.:y and hold SCAO harmies.--.1-i:r any against loss of any such property and materials used by the Contractor or aut: oo;1r..ictor pu'occ e - _ e • SULaGEWItr-a= • - under this Agreement. 10.3: / will defer to Corporation Counsel regarding last sentence: The Contractor will indemnify SCAO and hold it harmless from any liability that may arise from any such claim. By Risk Management Corporation Counsel: This grant contract incorporates a number of changes requested by the County and there appear to be no legal issues that require action or resolution at this time. — Karen Agacinski (09/06/2007) acepairaGto RFPG-4411 1.1 1.") AGREEMENT Michigan Supreme Court State Court Administrative Office -and- 6th Circuit Court Oakland County Friend of the Court 230 Elizabeth Lake Road Pontiac, Michigan 48341 This Agreement, effective October 1. 2007, and ending September 30, 2008, is made between the State Court Administrative Office (SCAO), P.O. Box 30048, Lansing, Michigan 48909, and 6' Circuit Court, Oakland County Friend of the Court (Contractor), 230 Elizabeth Lake Road, Pontiac, Michigan 48341. I. ENGAGEMENT OF THE CONTRACTOR The State Court Administrative Office (SCAO) is the administrative agency of the Michigan Supreme Court and is responsible for administering the Federal Access and Visitation Grant to courts for the provision of direct services that increase noncustodial parents' access to and visitation with their children. SCAO is contracting with the Contractor for the provision of 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 Agreement. AGREEMENT RELATIONSHIP 2.1 The relationship of the Contractor to SCAO is that of an independent contractor, and no benefits or liabilities, such as employment benefits or liabilities, personal injury or property insurance rights or liabilities, or any other rights or liabilities arising out of an agreement for hire or employer-employee relationship, either express or implied, shall arise or accrue to either party as a result of this Agreement. 2.2 Under the general administrative oversight of SCAO, the Contractor will perform the services required under this Agreement. The Contractor is responsible for benefits or liabilities resulting from its relationship with a subcontractor. For purposes of workers' compensation liability or other actions of employee-related liability, the Contractor understands and agrees that all persons providing direct services pursuant to this Agreement are not employees of SCAO or of the Michigan Supreme Court. -1- HI. SCOPE OF SERVICES 3.1 The total Access and Visitation funding amount available to the Contractor under this agreement is $24,000.00. The services identified by the Contractor in the "Access and Visitation Funding Application for Fiscal Year 2008 - are considered the description of services eligible for reimbursement under this Agreement. 3.2 The Contractor agrees to: 3.2.1 Provide, either directly or through a subcontractor, supervised (including monitored and therapeutic) parenting time services arid neutral drop-off and pick-up services that support and facilitate noncustodial parents' access to and visitation with their children. 3.2.2 Maintain safeguard procedures that assure the confidentiality of service recipients' personal information and that assure the direct services are conducted in safe and neutral environments. 3.2.3 Comply with all monitoring, evaluation, and reporting requirements in accordance with regulations prescribed by the Federal Secretary of Health and Human Services, and comply with SCAO's financial and reporting requirements. 3.2.4 Prepare, complete. and submit a quarterly "Program Worksheet" and "Access and Visitation Program Invoice" to SCA() by 5:00 p.m. on the following dates: Reporting Period: 1- Due Date to SCAO 1 st Quarter October 1, 2007 - December 31, 2007 January 21, 2008 2" Quarter January 1,2008 - March 31, 2008 I April 21, 2008 r 3 d Quarter April 1, 2008 - June 30, 2008 July 21, 2008 4th Quarter July 1, 2008 - September 30, 2008 October 6, 2008 3.2.5 Complete and submit additional federally and statutorily required reports to SCA°. 3.2.6 Permit SCAO or any of its identified agents to inspect, observe, and monitor the facilities and program operations authorized by this Agreement by conducting site visits, interviewing direct service providers, and viewing court and service provider case records, receipts, client/user complaints, and internal statistical service reports. 3.2.7 Assess, during midfiscal year, the direct service expenditures and to project anticipated unspent funds. The Contractor agrees that SCA°, in consultation with the Contractor, may amend this Agreement by downwardly adjusting the award -2- amount to permit redistribution of funds to other currently funded Access and Visitation programs. 3.2.8 Notify SCAO of any proposed changes in either the subcontracted service contractor or rates for services provided. IV. AGREEMENT PERFORMANCE 4.1 SCAO agrees to pay the Contractor a total amount not exceeding the Agreement award amount for the provision of direct services authorized by this Agreement. All payments for the proper performance of this Agreement will be made after the Contractor submits a quarterly "Access and Visitation Program Invoice" by the previously listed due dates. 4.2 Failure to submit reports by the dates listed in this Agreement may result in delayed reimbursements, termination of this Agreement, or may preclude the Contractor from future consideration for Access and Visitation funding. 4.2.1 For a first instance of failing to comply with the reporting requirements described in this Agreement, SCAO may electronically notify the Contractor of the reporting noncompliance and, due to this noncompliance, reimbursement may be delayed until the end of the subsequent reporting quarter. 4.2.2 For a second instance of failing to comply with the reporting requirements described in this Agreement, SCAO may electronically notify the Contractor that reimbursement may be delayed until the end of the fourth quarter. 4.2.3 For a third instance of failing to comply with the reporting requirements described in this Agreement, SCAO may terminate this Agreement by delivering notice to the Contractor of the termination date, and may elect to notify the Contractor of its preclusion from consideration for future Access and Visitation funding. 4.3 The Contractor agrees that it will not use Access and Visitation funds for purposes not authorized by this Agreement. The Contractor agrees to expend the Agreement award amount on direct services authorized in the "Access and Visitation Funding Application for Fiscal Year 2008." Funding provided by this Agreement may not be used as security or to guarantee payments for any non-Access and Visitation program, for direct service obligations, or as loans for other activities. 4.4 All reports and invoices are to be submitted to: Michelle Hilliker — Financial Analyst State Court Administrative Office Office of Dispute Resolution Michigan Hall of Justice P.O. Box 30048 -3- Lansing, Michigan 48909 hillikerm@courts.mi.gov V. TERM OF AGREEMENT 5.1 This Agreement is subject to and conditional upon the availability of the Federal Access and Visitation Grant funds. 5.1.1. In the event SCAO determines the Federal Access and Visitation Grant funding is unavailable or determines these services or funds are restricted, SCAO may immediately terminate this Agreement by written notice to the Contractor at any time before the completion of this Agreement. 5.2 This Agreement, upon securing Federal Access and Visitation Grant funds, is effective on October 1, 2007, when signed by the Deputy State Court Administrator, the Friend of the Court, and any other person with legal authority required to execute this contract, and expires on September 30, 2008. 5.3 SCAO does not commit to continuation or expansion of the activities covered by the terms of this Agreement. VI. METHOD OF PAYMENT 6.1 The Actual Direct Service Cost Reimbursement Method will be used to claim reimbursement under this Agreement. The "Access and Visitation Funding Application for Fiscal Year 2008" details the total maximum award amount available to the Contractor and the types of direct services eligible for reimbursement by this Agreement. 6.2 Upon receiving timely completed "Access and Visitation Invoice" forms, SCAO will reimburse the Contractor for the costs of providing authorized direct services to families during the reported quarterly period. Only the services provided during the reported quarter are eligible for reimbursement under this Agreement. 6.3 A completed "Access and Visitation Invoice- form must include the total requested reimbursable amount, and must list the court case numbers for the families that actually received eligible direct services during the reported quarter. 6.4 Reports are considered timely when received by SCAO no later than the due dates listed in this Agreement. VII. TERMINATION 7.1 SCAO reserves the right to cancel this Agreement, in whole or in part, at any time SCAO determines that termination is in its best interest. Grounds for termination of this Agreement may include, but are not limited to, the availability of Federal Access and Visitation Grant funding. SCAO will terminate services by delivering a written notice to the Contractor that specifies the terminated services and the effective termination date. 7.2 At the time this Agreement is terminated, the Contractor will complete and submit an "Access and Visitation Invoice - for reimbursement of direct services provided during the termination quarter. 7.3 At the time of termination and upon the submission of a properly executed invoice, SCAO will reimburse the amount owed to the Contractor. 7.4 The Contractor will reimburse overpayments in excess of authorized reimbursable expenditures to SCAO within 30 days of notice of termination or expiration of this Agreement. 7.5 In the event the name of the Contractor or subcontractor, subsequently appears in the register compiled pursuant to 1980 PA 278, §2, being MCL 423.322 and with 15 calendar days notice to the Contractor, SCAO may terminate this Agreement. Under 1980 PA 278, states are prohibited from entering into contracts with certain employers that engage in unfair labor practices; 1980 PA 278 also prohibits those employers from entering into certain contracts with others, provides compilation and distribution of a register of those employers, and provides voiding of certain contracts. 7.6 Termination, conclusion, or cancellation of this Agreement will not be construed to terminate the ongoing responsibilities or rights of the parties involved in this Agreement as provided in the following subsections: Liability, Rights of Title and Examination, Maintenance and Confidentiality of Records. VIII. WRITTEN DISCLOSURE 8.1 The Contractor will promptly disclose in writing to SCAO all writings, inventions, improvements, or discoveries, whether copyrighted, patented, or not, that are written, conceived, made or discovered by the Contractor in performing the activities covered by this Agreement. Within each disclosure, the Contractor and its employees will specifically describe and identify the features or concepts considered new or different. 8.2 SCAO shall have the right to request the assistance of the Contractor in determining and acquiring copyright, patent, or other such protection. IX. INSURANCE 9.1 The Contractor will provide and maintain liability insurance or self-insurance in such amounts as necessary to cover all claims that may arise out of the Contractor's operations under this Agreement. The Contractor will maintain unemployment compensation coverage and workers' compensation insurance or self-insurance in accordance with applicable federal and state law and regulations. The Contractor will carry all insurance coverage required by Michigan law. -5- X. LIABILITY 10.1 All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor or the Court in the performance of this Contract shall be the responsibility of the Contractor and the Court, and not the responsibility of the State Court Administrative Office, if the liability, loss, or damage is caused by or arises out of the actions or failure to act on the part of the Contractor, the Court, any subcontractor, or anyone directly or indirectly employed by the Contractor, the Court, or any subcontractor, provided that nothing herein shall be construed as a waiver of the governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. 10.2 The Contractor agrees to safeguard its property and materials against loss of any such property and materials used by the Contractor under this Agreement. 10.3 The Contractor warrants that it is not subject to any nondisclosure, noncompetition, or similar clause with current or prior clients or employers that will interfere with the performance of this Agreement. 10.4 In the event any action or proceeding shall be brought against the Contractor by reason of any services covered under this Agreement, the Contractor will resist or defend the action or proceeding at its sole cost and expense. XI. AGREEMENT INCLUSIVENESS The previously mutually approved "Access and Visitation Funding Application for Fiscal Year 2008" is incorporated by reference and made a part of this Agreement. The parties intend this Agreement to be the complete and final expression of their agreement, oral or otherwise, unless amended in writing and signed by all parties. XII. COMPLIANCE WITH LAWS 12.1 The Contractor shall comply with all applicable laws, ordinances, and federal, state, and local government codes. 12.2 The Contractor must comply with Public Law 103-277, Part C — Environmental Tobacco Smoke (also known as the Pro-Children Act of 1994), that requires smoking not be permitted in any portion of any indoor facility that is owned, leased, or contracted by an entity and used routinely or regularly for the provision of health care services, day care, and education to children under the age of 18, if the services are funded by federal programs, whether directly or through state and local governments. Federal programs include grants, cooperative aueements, loans or loan guarantees, and contracts. The law does not apply to children's services provided in private residences, facilities funded 11.1 -6- solely by Medicare or Medicaid funds, and portions of facilities used for in-patient drug and alcohol treatment, 12.3 The Contractor will not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status pursuant to 1976 PA 453, §209. The Contractor will also comply with the provisions of the Michigan Handicappers Civil Rights Act, 1976 PA 220, and the Federal Rehabilitation Act of 1973, PL 93-112, §504, 87 Stat 394, The Contractor will comply with the Americans with Disabilities Act of 1990 (ADA), PL 101-336, 104 Stat. 328, which prohibits discrimination against individuals with disabilities and provides enforcement standards. Further, the Contractor will comply with all other federal, state or local laws, regulations and standards as they may apply to the performance of this Agreement. XIII. CONFLICT OF INTEREST 13.1 The Contractor affirms that it has no personal or financial interest, and will not acquire any such interest, direct or indirect, that would conflict in any manner or degree with the performance of this Agreement. XIV. SUPPLANTATION 14.1 The Contractor, as a subreeipient of Federal Financial Assistance, agrees to abide by applicable provisions of the Cost Principals for State and Local Governments issued in the Federal Office of Management and Budget Circular No. A-87. 14.2 Funding provided by this Agreement may not be used to supplant any funding currently spent on access and visitation programs and may not be utilized for any project already funded by the state or the Title IV-D Cooperative Reimbursement Agreements, unless the money is used to enhance or supplement an established program. Clear distinctions will be made according to acceptable accounting principles, including documentation of the separation of tasks between IV-D personnel and grant personnel, between projects currently funded by IV-D and enhancements or supplements to projects receiving funding by this Agreement. 14.3 Under no circumstance will Title IV-D funding be utilized to pay for any expenses, administrative or otherwise, incurred from direct services provided as part of the Federal Grants to State for Access and Visitation. XV. EXAMINATION. MAINTENANCE AND CONFIDENTIALITY OF RECORDS 15.1 At any reasonable time, the Contractor will permit SCAO, or any of its identified agents, access to the facilities where services funded by this Agreement are provided and will permit SCAO, or any of its identified agents, to observe the operation of the program, The Contractor shall retain all books, records, or other documents relevant to this Agreement for five (5) years after final payment, at its cost. Federal auditors and any -7- persons duly authorized by SCAO will have full access to and right to examine and audit any of the material during this period. If an audit is initiated before the expiration of the five-year period, and extends past that period, all documents shall be maintained until the audit is completed. SCAO will provide findings and recommendations of audits to the Contractor. SCAO will adjust future payments or final payment if the findings of an audit indicate over or underpayment to the Contractor. If an audit discloses an overpayment to the Contractor, the Contractor will immediately refund all amounts that may be due the SCAO. 15.2 The use or disclosure of information concerning families, which is obtained in connection with the performance of this Agreement, will be restricted to purposes directly connected with the administration of the programs implemented by this Agreement and as required by federal regulations and state statute. XVI. SUBCONTRACTS 16.1 The Contractor is responsible to perform all requirements and obligations provided within this Agreement. In the event the Contractor assigns or subcontracts any of its obligations and requirements provided by this Agreement, the Contractor is responsible for the performance of all assignees or subcontractors, and will ensure that the subcontracted agents comply with all provisions and will be subject to all conditions of this Agreement. SCAO will hold the Contractor responsible for the performance of any subcontractor. Upon SCAO's request, the Contractor will provide SCAO with the subcontractors' and direct service Contractors' names and direct contact information; including telephone numbers, fax numbers, and e-mail addresses. XVII. RIGHTS OF TITLE 17.1 The services eligible for reimbursement under this Agreement are provided by the Federal Grants to States for Access and Visitation. 17.1.1 Any printed public information, websites, and education materials describing the services provided by this Agreement will include a written byline that the direct services provided are funded by the Federal Grants to States for Access and Visitation. 17.2 The Contractor must clearly identify the specific source of materials that were not originally developed by the Contractor. 17.3 The Contractor grants SCAO a royalty-free nonexclusive license to use and authorize others to use all written or visual material or other work products developed in connection with this Agreement, including all copyrighted materials, whether produced by the Contractor or by subcontractors to perform services pursuant to this Agreement. XVIII. NOTICE 18.1 Any notice relating to or required by the provisions of this Agreement, and all reimbursement invoices made under this Agreement, shall be directed to: Michelle Hilliker — Financial Analyst State Court Administrative Office Office of Dispute Resolution Michigan Hall of Justice P.O. Box 30048 Lansing, Michigan 48909 Phone: 517-373-4839 Fax: 517-373-5748 E-mail: hillikerm@eourts.rni.gov 18.2 All correspondence relating to this Agreement and the work provided pursuant to this Agreement shall be made to the Contractor at the address below: Suzanne Hollyer Oakland County Friend of the Court 230 Elizabeth Lake Road Pontiac, Michigan 48341 XIX. SIGNATURE OF PARTIES 19.1 This Agreement will be effective October 1, 2007, only when signed by the Deputy State Court Administrator, the Friend of the Court, and any other person with legal authority required to execute this contract. Once the Deputy State Court Administrator signs this Agreement, the provisions will apply to the entire period specified in the Agreement. CONTRACTOR Friend of the Court Date Date Date STATE COURT ADMINISTRATIVE OFFICE Ms. Dawn A. Monk Date Deputy State Court Administrator FISCAL NOTE (MISC. #07238) October 18, 2007 BY: Finance Committee, Mike Rogers, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2008 ACCESS AND VISITATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Friend of the Court (FOC) submitted a renewal application for the Federal Access and Visitation Grant through the State Court Administrative Office (SCAO). 2. The grant is for services to be performed in conjunction with agencies that facilitate parenting time (visitation) for certain cases as determined by the court. 3. The FCC has been awarded this grant for services not to exceed $24,000 for the period covering October 1, 2007 through September 30, 2008. 4. The FOC will contract with HAVEN to provide the supervised parenting time and neither HAVEN nor the Circuit Court/FOC are required to provide matching funds or services as stated in previous years' grant awards. 5. The total grant budget is $24,000, which represents a $7,150 reduction from the previous year's amended award, due to reduced funding available for allocation by the State. 6. No additional cost will be incurred by the County with accepting this grant. 7. The FY 2008 Adopted Special Revenue Budget is $17,150, therefore an amendment of $6,850 is recommended as follows: Fund 27120 - FCC Access Visitation: Revenue 3010401-126030-615571 Grants-State Expenditure 3010401-126030-731458 Professional Services FY 2008 $ 6,850 $ 6,850 $ 0 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Zack, Crawford and Woodward absent. Resolution #07238 October 18, 2007 Moved by Long supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Suarez, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. HEREBY APPROVE THE FOREGOING RESOLUTION ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 18, 2007, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 18th day of October, 2007. Ruth'Johnsoff, County Clerk