HomeMy WebLinkAboutResolutions - 2009.11.12 - 9897November 12, 2009
MISCELLANEOUS RESOLUTION 109269
BY: Public Services Committee. Jeff Potter, Chairperson
IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2010 ACCESS AND VISITATION GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the State Court Administrative Office (SCAO) has awarded the Friend of the Court
grant funding in the amount of $21,500 for the period of October 1.2009 through September 30, 2010,
and
WHEREAS this grant is for serv:ces to be performed in conjunction with HAVEN, whicn facilitates
parenting time (visitation) for certain cases as determined by the Court; and
WHEREAS matching funds are not required by the grant from HAVEN or the Oakland County
Friend of the Court.
WHEREAS the contract has been approved in accordance with the County Executive's review
process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the FY 2010 Access and Visitation Grant.
BE IT FURTHER RESOLVED that the Oakland County Friend of the Court will contract with
HAVEN to provide services as detailed in the grant award.
BE IT FURTHER RESOLVED that the Chairpersor of the Board of Commissioners is authorized
to execute this agreement and to approve amendments and extensions up to fifteen (15%) percent
variance from the award.
BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon the
continuation of State funding,
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 witt• Potter and McGillivray absent
GRANT REVIEW SIGN OFF — Friend of the Court
GRA.NT NAME: FY 2010 Access and Visitation
FUNDENG AGENCY: State Court Administrative Office
DEPARTMENT CONTACT PERSON: Suzanne Hoilyer 248 858-0431
STATUS: Grant Acceptance
DATE: October 19, 2049
Pursuan: 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 agreenaenticontract, Finance Committee Fiscal
Note, and this Sign Off email containing grant review comments) may be requested to be placed on the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution_
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (10/6/2009)
Department of Human Resources:
Approved. — Cathy Shald (10/612009)
Risk Management and Safety:
In reviewing the SCAO grant agreement, there is language that needs to be/should have been amended;
Item II. Agreement Relationship, Item 2.2: Remove responsibility for liabilities resulting from
relationship with subcontractors
item DC. Insurance, Item 9,1: Amend to include 'self-insurance', delete provision to provide/maintain
insurance on subcontractors
Item X. Liability, Item 10.1: Remove responsibility for actions of subcontractors or anyone indirectly
employed by them
Item XVI. Subcontracts, Item 16,1: Remove responsibility for actions of subcontractors
Karen Agacinski and I are working to resolve the issues. — Andrea Plotkowski (10/7/2009)
Corporation Counsel:
After reviewing this grant contract, as modified by the SCAO at our request, there appear to be no
unresolved legal issues that require action or resolution at this time. — Karen .Agacinski (10/14/2009)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of
these specifically cited compliance related documents for this grant,
State Contracts with Certain Employers Prohibited — Act 278 of 1980
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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, 2009. and ending September 30, 2010, is made between
the State Court Administrative Office (SCAO), P.O. Box 30048, Lansing, Michigan 48909, and
6th 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 to provide direct services that increase noncustodial parents'
access to and visitation with their children. The Federal Access and Visitation Grant is
administered by the Administration for Children and Families, Department of Health and
Human Services CFDA Number 93.597.
1.2 SCAO is contracting with the Contractor for 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 Agreement.
II. AGREEMENT RELATIONSHIP
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. 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.
1.1
1 .1
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III. SCOPE OF SERVICES
3.1 The total Access and Visitation finding amount available to the Contractor under this
agreement is $21,500.00. The services identified by the Contractor in its "Access and
Visitation Funding Application for Fiscal Year 2010" are considered the description of
services eligible for reimbursement under this Agreement.
3.2 The Contractor agrees to:
3.2.1 Provide, supervised (including monitored and therapeutic) parenting time services
and/or 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 SCAO by 5:00 p.m. on the following dates:
Reporting Period: Due Date to SCAO ,
l' Quarter October 1, 2009— December 31, 2009 January 20, 2010
2'd Quarter January 1, 2010 - March 31, 2010 April 20, 2010
3'd Quarter April 1, 2010— June 30, 2010 July 20, 2010
4th Quarter July 1, 2010— September 30, 2010 , October 6, 2010
3.2.5 Complete and submit additional federally and statutorily required reports to
SCAO.
3.2.6 Permit SCAO or any of its identified agents to inspect, observe, and monitor the
facilities and program operations authorized by this Agreement by conducting
site visits, interviewing direct service providers, and viewing court and service
provider case records, receipts, client/user complaints, and internal statistical
service reports.
3.2.7 Assess, during midfiscal year, the direct service expenditures and to project
anticipated unspent funds. The Contractor agrees that SCAO, in consultation with
the Contractor, may amend this Agreement by downwardly adjusting the award
amount to permit redistribution of funds to other currently funded Access and
Visitation programs if it appears that the Contractor will underspend the original
contract amount.
3.2.8 Proposed changes in either the subcontracted service contractor or rates for
services provided may not be adopted without the written consent of SCAO.
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 dates appearing in Section
3.2.4.
4.2 Failure to submit reports by the dates listed in this Agreement may result in delayed
reimbursements, or termination of this Agreement, and may preclude the Contractor from
consideration for Access and Visitation funding in future cycles.
4.2.1 For a first instance of failing to comply with the reporting requirements described
in this Agreement. SCAO will electronically notify the Contractor of the reporting
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 will electronically notify the Contractor of
the reporting non-compliance. 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 2010." 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 and Statistical Management Analyst
State Court Administrative Office
Office of Dispute Resolution
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
hillikermacourts.mi.gov
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V. TERM OF AGREEMENT
5.1 This Agreement is subject to and conditioned 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 SCAO's securing Federal Access and Visitation Grant funds, is
effective on October 1, 2009, 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, 2010.
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 2010" 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 Section 3.2.4.
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 (MCL 423.322), and with 15 calendar
days notice to the Contractor, SCAO may terminate this Agreement. Under 1980 PA 278
(MCL 423.324), 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 and its employees and subcontractors 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, its
employees or subcontractors jointly with SCAO or singly by the Contractor or its
employees or subcontractors 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 and its employees
or subcontractors in determining and acquiring copyright, patent, or other such
protection.
IX. INSURANCE
9.1 'The Contractor will 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 self-insurance in accordance with applicable federal and state law
and regulations. The Contractor will carry all insurance or self-insured coverages
required by Michigan law.
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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, or anyone directly employed by the
Contractor, or the court 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. SCAO is not responsible for any liability, loss, or damage
caused by or arising out of the actions or failure to act on the part of a subcontractor of
either the Contractor or the court.
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
This Agreement and the approved "Access and Visitation Funding Application for Fiscal
Year 2010 - 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 chiidren under the age of 18, if the services are funded by federal
programs, whether directly or through state and local governments. Federal programs
include grants, cooperative agreements, loans or loan guarantees, and contracts. The law
does not apply to children's services provided in private residences, facilities funded
solely by Medicare or Medicaid funds, and portions of facilities used for in-patient drug
and alcohol treatment.
11.1
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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 subrecipient of Federal Financial Assistance, agrees to abide by
applicable provisions of the Cost Principals for State and Local Governments issued in
the Federal Office of Management and Budget Circular No. A-87.
14.2 funding provided by this Agreement may not be used to supplant any funding currently
spent on access and visitation programs and may not be utilized for any project already
funded by the state or the Title IV-D Cooperative Reimbursement Agreements, unless the
money is used to enhance or supplement an established program. Clear distinctions will
be made according to acceptable accounting principles, including documentation of the
separation of tasks between IV-D personnel and grant personnel, between projects
currently funded by IV-D and enhancements or supplements to projects receiving funding
by this Agreement.
14.3 Under no circumstance will Title 11.1-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.
X'4'. 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 seven (7) years after final payment, at its cost. Federal auditors and any
persons duly authorized by SCAO will have full access to and right to examine and audit
any of the material during this period. If an audit is initiated before the expiration of the
seven-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
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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 SCAO.
15.2 The use or disclosure of information concerning families, which is obtained in
connection with the performance of this Agreement, will be restricted to purposes
directly connected with the administration of the programs implemented by this
Agreement and as required by federal regulations and state statute.
XVI. SUBCONTRACTS
16.1 The Contractor is responsible to perform all requirements and obligations provided
within this Agreement either directly or by subcontract. In the event the Contractor
assigns or subcontracts any of its obligations and requirements provided by this
Agreement, the Contractor will ensure that the subcontracted agents comply with all
provisions and will be subject to all conditions of this Agreement. 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 HiHiker
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: hillikerrn@courts.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:
Ms. Suzanne Hollyer
Oakland County Friend of the Court
230 Elizabeth Lake Road
Pontiac, Michigan 48341
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XIX. SIGNATURE OF PARTIES
I9.1 This Agreement will be effective October 1, 2009. 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
-1 0- Revision Date: 10/12/2009
FISCAL NOTE (MISC. #09269) November 12, 2009
BY: Finance Committee, Torn Middleton, Chairperson
IN RE: CIRCUIT COURT/FRIEND OF THE COURT — 2010 ACCESS AND VISITATION GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this hoard, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Oakland County Friend of the Court (FOC) has been awarded a Federal Access and
Visitation Grant through the State Court Administrative Office (SCAO) in the amount of
$21,500.
2, The grant period is October 1, 2009 through September 30. 2010,
3. 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.
4. There is no General Fund fiscal obligation.
5. The FY 2010 Adopted Budget is $24,021 and therefore, a budget amendment of $3,121 is
recommended as follows:
FY 2010
($3,121)
($3,121)
($3,_121)
Fund 27120— FOG Access Visitation:
Grant # GR0000000282
Revenue
3010401-126030-615571 Grants-State
Expenditure
3010401-126030-731458 Professional Services
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
Resolution #09269 November 12, 2009
Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: CapeIto, Coulter, Douglas, Gershenson, GingeII, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub.
Woodward, Zack, Bullard, Burns. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I. Rutn Johnson. Clerl< 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 November
12, 2009, 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 12th day of November, 2009.
Gat
Ruth Johnson, County Clerk