HomeMy WebLinkAboutResolutions - 2010.11.18 - 10250November 16, 2010
MISCELLANEOUS RESOLUTION #10304
BY: Public Services Committee, Jim Runestad, Vice -Chairperson
IN RE: Prosecuting Attorney - 2011-20'13 Title IV-E Client Services Contract PROFC (C-11-630011 - Unit
Rate - Co ntract Acceptance
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to and tit compliance with MCL 712A.17(5), upon request of the Department of
Human Services of the State of Michigan (OHS), "the prosecuting attorney shall serve as a legal consultant" to
the OHS and the Oakland County Prosecuting Attorney does so serve as legal consultant to DI -IS; and
WHEREAS. OHS is required to comply with federal and state statutes governing investigation and
placement of children (See, 1V1CL 722.622, et seq and CFR Title 45) and the Prosecutor's Office assists in that
compliance, resulting in better outcomes for Oakland County families and better foster care case management;
and
WHEREAS, the OHS desires to extend the contract agreement with the Oakland County Prosecuting
Attorney to provide legal consaitation regarding the abuse/neglect of children cases, court proceedings,
establishment of protocol, petition information, and periodic strategy and training meetings with OHS staff; and
WHEREAS, the contract period of performance is identified as January 1, 2011 through December 31,
2013; and
WHEREAS, the OHS has established the maximum amounts that the Prosecutor's Office may bill for
legal services of $1,349,331 over the three contract years; the yearly not to exceed billable amount is
$449,777 for each of the three years of the contract beginning January 1, 2011 through December 31, 2011;
January 1, 2012 through December 31, 2012; and January 1, 2013 through December 31, 2013; and
WHEREAS, the contract will be funded through Title IV-E pass through funds; and
WHEREAS, the grant match reauirement is met by the use of Title IV-E funding (50%1 non
reimbursable portion of costs for legal representation of Department of Human Services staff, and DHS
contract agency staff; and
WHEREAS, the existing staff at the Prosecutor's Office that currently represents DHS will continue to
do so under the contract, and no new staff or position changes are required; and
WHEREAS, the Prosecuting Attorney's Office agrees with the contract for legal services with the OHS;
and
WHEREAS, the contracted amounts are based upon the salaries and fringes of the staff assigned to the
Prosecuting Attorney's Juvenile Justice Unit; and
WHEREAS, because of the cooperation between the Prosecutor's Office and OHS, families of Oakland
County will benefit from better case investigations and court proceedings; and
WHEREAS, the financial benefit to the County will be continued revenue receipts to the County for the
next 36 months without requiring any additional staffing or additional commitment of resources by the County;
ano
WHEREAS this contract has been approved through the County Executive Contract Review Process,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached contract extension agreement between Oakland County and OHS for the Prosecuting Attorney's
Office to provide legal consultation regarding the abuse/neglect of children cases, court proceedings,
establishment of protocol, petition information and periodic strategy and training meetings with OHS staff,
SE IT FURTHER RESOLVED that Oakland County is projected to receive maximum revenues of
$1,349,331 over the three year time period of January 1, 2011 through December 31, 2013; with a yearly
billable maximum of $449,777.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
Chairperson of the Board to sign the agreement.
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 Burns and Zack absent
GRANT REVIEW SIGN OFF — Prosecuting Attorney
GRANT NAME: 2011— 2013 Title 1V-E Client Services Contract PROFC (PROFC -11-63001) — Unit
Rate
FUNDING AGENCY: Michigan Department of Human Services — Office of Contracts and Rate Setting
DEPARTMENT CONTACT PERSON: Jessica Cooper 8-0656
STATUS: Contract Acceptance
DATE: October 29, 2010
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 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 (10/18/2010)
Department of Human Resources:
Approved. — Cathy Shallal (10/18/2010)
Risk Management and Safety:
Approved by Risk Management (No Sub-Contractors). — Andrea Plotkowski (10/25/2010)
Corporation Counsel:
After reviewing this grant contract, there appear to be no unresolved legal issues that require action at this
time. —Karen Agacinsid (10/22/2010)
COMPLIANCE
The grant agreement refta &ices a number of specific federal and state regulations. Below is a list of
these specifically cited compliance related documents for this grant.
Federal Office of Management and Budget (OMB) Circular No. A-133
htto://www.whitchouse.govfornbkircularsial 33/a133.html
Federal Office of Management and Budget (OMB) Circular Nu. A-102
http:/(www. w hitchouse. go vfo mb/circ ul ars/RIM/al 02 lord
Federal Office of Management and Budget (OMB) Circular Nu. A47
http://www.whitchouse,govfomb/circularsio087/a87 2004.11tria1#ana
Michigan Civil Service Roles and Regulations (Article Xi, Section 5, Michigan Constitution)
itttp://www .michinan goviose/0.1607.7443-- I 6377—,00Jaml
Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976"
brinliwwwIlegislature.mi.gnvinia31xvelunri17:55z2uiwv451/rnile2.asox?DazuMbicct&obiccina.rnc--mol-Act-
453-of-1976&quvryid=14718540
Michigan Persons with Disabilities Civil Rights Act — "Mt 220 of 1976"
rr.Trit unvkimiTnreltinrn7577trivev45i/milev FmnximorcretrillientRtniNertn2rile=mrl-Ari
220-of-I976&queryid--1471
The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
htna:fivoww.del.gov/oasam/reRs/statutesisec504.1um
The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101)
http://WWW.eda.gov/pubsiatialtni
Michigan — Freedom of Information Act 442 of 1976 (MCL 15.231)
htto://www.legiSlatUre,Ini.ROVAS(10AllbT115fivb5ubavi cp3x0efl ))/mileg.aspx?page=getObj eel& objectNarne--mc1-15-
231
Services provided by charitable, religious, or private organizations (42 USC 604a)
bttP;fiftwebgate5necess.cro,toviczi-biniwaiszate.cei7WAISdoc993865208201-41-0-1-0&WAISaction=retrievt
Restrictions on Lobbying (28 CFR part 69)
htm:iiwwv,i.aems.gp virturalc filwaisidx _04/28c fr69 04 html
Government-Wide Debarment and Suspension (28 CFR, Part 67)
http://www.access.zpo.vavinarzkfriwaisidx 04/28cfr67_04.1stai1
Michigan Executive Order 2003-1 - Procurement of Goods and Services from Veadors In Compliance With
State and Federal Law
lattp://www.michjgan.govigov/0.1607,7-168-21975 _21977-5871.9—,00.html
Contract No:
Total Contract Amount
1 51 Year Amount
2116 Year Amount
314 Year Amount
County:
Method of Payment
PROFG-11-63001
$1,349,331.00
$449,777.00
$449,777.1)0
$449,777,00
Oakland
Unit Rate
AGREEMENT
between
Michigan Department of Human
(hereinafter referred to as "OHS')
235 South Grand Avenue
P.O. Box 30037
Lansing, Michigan 48909
Services & County of Oakland
(hereinafter referred to as 'Contractor")
1200 North Telegraph Road
Pontiac, MI 48341
This Agreement is effective from January 1, 2011, through December 31, 2013.
1. CONTRACTOR RESPONSIBILIMEZ
A. Email Address
The Contractor authorizes DHS to use the contact information belcw to send
Agreement related notifications/information. The Contractor shall provide OHS
with updated contact information if it changes.
Contact email address: momurtrym@oakgov.com
B. Geographic Area
The Contractor shall provide services described herein in the following geo-
graphic area Oakland County.
C. Location of Facilities
The Contractor shall provide services described herein at the following
location(s):
1200 North Telegraph Road
Pontiac, MI
And the County Courthouse or OHS Office
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I). Client Eligibility Criteria
1. All clients must be involved in court proceedings regarding the abuse and
neglect of children.
2. Determination of Eligibility — Eligibility is determined by DHS. •
E Credentials
1. The Contractor shall assure that appropriately credentialed or trained staff
shall perform functions under this Agreement
2. The Prosecuting Attorney and his/her designee must possess a Law Degree
from an accredited law school and be licensed to practice law in the State of
Michigan by the Michigan Bar Association, with membership in good
standing.
F. Services to be Delivered
Service #1 of 1: LEGAL SERVICES
1.
Activities the Contractor shall perform:
The Contactor shall:
a Provide legal consultation to DHS staff and designated Agreement
staff in court proceedings regarding the abuse/neglect of children.
Establish a protocol with OHS and law enforcement on child abuse
and neglect cases.
c. Advise OHS staff when requested and within statutory time frames, on
the legal sufficiency of the petition information and proofs.
d. Provide consultation to OHS staff and designated Agreement staff
throughout the court process, including, if necessary, any appeals.
e. Meet quarterly (at least two hours each quarter) with local DI-IS
director or designee for the following purposes:
1) To discuss improvements in, or concerns of the parties
respective roles in juvenile court proceedings.
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2) To discuss improvements in or concerns related to
responsibilities for processing a child abuse or neglect case in at
least the following areas:
a) Draft review and filing petitions.
b) Consulting on cases prior to all court hearings.
3) To air and resolve concerns with the local OHS director. If a
dispute involving legal issues cannot be resolved or a cornet of
interest arises, the Prosecutor or assistant prosecutor actually
providing legal services to DHS may withdraw from providing
legal services to DHS regarding the case or cases involved in
the concern or conflict of interest situation.
4) Provide training, as needed, to local }HS staff and staff of
private agencies, as designated by DHS. Training shall focus on
the legal requirements for presenting a petition, testifying in court
and other aspects of the court process, as agreed upon, in child
abuse/neglect cases. This training will be given at times and
locations mutually agreeable to the local DHS and the
Prosecutor and shall be at least two hours in duration. No more
than two such trainings will be required annually without mutual
agreement between the local DHS and the Prosecutor.
f. Meet with local OHS staff or contracted staff designated by DHS for
the purpose of:
1) Advising the worker regarding present sufficiency of evidence
necessary to proceed to court,
2) Reviewing DHS or contract staffs proposed petition for legal and
evidentiary sufficiency and proofs, with regard to the disposition
sought, prior to Ming.
3) Providing OHS staff with technical assistance in preparing for all
phases of the court hearing process (i.e., preliminary hearing,
adjudication, dispositional, review and permanency/termination).
4) Determining the witnesses, exhibits, and other evidence
necessary for all hearings.
5) insuring that all witnesses are subpoenaed.
6) Advising EMS or contract staff, regarding any follow-up
preparations required for future hearings.
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7) Consulting with DHS or contract staff, prior to negotiating a
settlement
2. Volume of Service
a. Clients - The estimated number of unduplicated eligible dients to be
served during the period of this Agreement shall be: undetermined
b. Unit Definition(s): One unit equals one hour of attorney time by the
Prosecutor or his/her designees for all services outlined in the
Agreement on proceedings, trainings, or meetings involving the
abuse/neglect of children.
c. Units: The maximum number of units of seivice to be provided per
term of Agreement shall be: 58,989
From the total amount, the maximum number of units that may be
provided during the following periods is:
Fiscal Year Maximum Number of Units
January 1, 2011 through December 31, 2011 . 19,663
January 1,2012 through December 31,2012 19,663
January 1,2013 through December 31, 2013 19,663
G. Evaluation Reporting Requirements
The Contractor shall submit to DHS monthly reports that indicate the status and
effectiveness of activities performed under this Agreement as indicated:
1) Number of units utilized each month
H. Audit Requirements
Subrecipieht Relationship
This Agreement constitutes a subrecipient relationship with OHS. The Contractor
is required to comply with all federal regulations related to the accounting and
auditing of the federal award used to fund this Agreement This includes, but is
not limited to, compliance with OMB Circular A-133.
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Regulations applicable to funding sources are included in the Catalog of Federal
Domestic Assistance (CFDA). The Federal Program Title, CFDA number, and
federal financial participation (FFP) rate DHS will use for this Agreement are:
Federal Prram Title CFDA # FFP%
Title [WE PA Contracts 93.658 50%
However, OHS may change the CFDA number and/or FFP rate during the course
of this Agreement CFDA numbers and FFP rates for this Agreement shall be
posted monthly on the OHS website. The Contractor is required to check the
website to obtain up to date information regarding the CFDA numbers.
The Contractor shall consult the following websile to obtain CFDA numbers,
payments, program updates, and other audit information:
http://www.michigan.govidhs/0,1607,7-124-5455 7199_8380—,00.html
DHS agrees to participate in audit cost related to the audit as described in other
sections of this Agreement
Reportinp Requirements
The Contractor must immediately report to the DHS Office of Monitoring and
Internal Control accounting irregularities including noncompliance with provisions
of this Agreement.
If the Contractor is required per OMB Circular A-133 to have a single audit
performed, the Contractor must submit the reporting package and an audit
transmittal letter to the DHS Office of Monitoring and Internal Control at the
address that follows and in accordance with the time frame established in The
Circular.
The reporting package inokides:
1. Financial statements and schedule of expenditures of federal awards
Z Summary schedule of prior audit findings
3. Auditor's report(s)
4. Corrective action plan, if applicable
Audit Transmittal Letter
The Contractor is responsible to identify in the audit transmittal letter all
organizations it operates that administer CIHS subrecipient programs and the
different names the Contractor may use to contract with DNS. The Contactor is
responsible for proper completion and submission of the audit transmittal letter.
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This letter, to be accurately processed by [)HS, must include the following
information;
1. Contractor's name as reported in the OHS contract(s)
2. Contactors Federal Identification number(s) as reported in the DHS
contract(s)
3. Contractor's fiscal year end
4. Other name(s) and other Federal Identification number(s) used by the
Contractor
If a single audit is not required per OMB Circular A-133, the Contractor must still
submit an audit transmittal letter stating why a single audit was not required and
the Contractors fiscal year to which the letter pertains. The audit transmittal letter
should include the four items described above. The letter may be mailed to the
address below or FAX to (517) 373-8771.
Mailing address for all information:
Michigan Department of Hurnan Services
Office of Monitoring and Internal Control
Grand Tower, Suite 1112
PO Box 30037
Lansing, MI 48909
If the Contractor is a subrecipient of DHS, but asserts it is not required to have a
single audit performed, the Contractor shall submit an audit transmittal letter to
the DHS Office of Monitoring and Internal Control staling the reason the single
audit is not required. Failure by the Contractor to submit the audit transmittal letter
shall result in invoking the same sanctions on the Contractor as failure to submit
the single audit report.
Audit Cost
Cost af the single audit can only be charged to this Agreement if there is a
provision within this Agreement that allows payment for the single audit cost. No
audit cost may be charged to this Agreement if the Contractor is not required to
have a single audit.
No audit costs may be charged to OHS when audits required by this Agreement
have not been performed or have not been performed in accordance with OMB
Circular A-133 requirements. Late submission (as defined in OMB Circular A-133)
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of the single audit report and/or audit transmittal letter is considered non-
compliance with this section and may be grounds to impose sanctions.
Sanctions
OHS may impose sanctions if the Contractor fails to adhere to any of the audit
requirements in this Agreement including the audit transmittal letter. In cases of
continued inability or unwillingness on the part of the Contractor to comply with
audit requirements, DHS may impose sanctions such as:
1. Withholding a percentage of the federal award until the audit is completed
satisfactorily.
2. Withholding or disallowing overhead costs.
3. Suspending federal awards until the audit is conducted.
4. Terminating the federal award.
5. Recouping the federal payments made to the Contractor under this or any
other agreements between OHS and the Contractor.
I. Client Records
For each eligible client served under this Agreement, the Contractor shall
maintain client case records consisting of
-Eligibility certification documents.
-Date of contact with client.
-Problem identification.
-Methods of service delivery.
-Significant contacts with client and significant events.
-Other material as may be specified by the OHS.
J. Service Documentaka
The Contractor agrees to maintain program records required by OHS, program
statistical records required by OHS, and to produce program narrative and
statistical data at times prescribed by, and on forms furnished by Di-IS.
I( Fiscal Requirements
The Contractor shall maintain a record system that documents the total number of
units of service as defined in this Agreement and delivered during the term of this
Agreement These records shall aiSO document the specific units billed to OHS
under this Agreement
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L Billing Method
As used in this Agreement "Cost Documentation* refers to the CM-468 Total
Program Budget Summary, and the Contract Budget Details sheets attached
hereto.
The Unit Rate Billing Method shall be used in claiming reimbursement under this
Agreement.
If this Agreement includes travel costs, including mileage, meals, and lodging,
OHS shall reimburse the Contractor at State of Michigan (SOM) premium
established rates or the Contractor's usual travel reimbursement rate for
employees, whichever is less. Current SUM premium rates may be obtained at
the following webstte:
httplAeww.michigan.govklmb/0,1607,7-150-9141_13132—,00.trIml
The Contractor cannot charge OHS more for a provision of service than is
charged to other entities for whom the Contractor provides services.
M. Wino Procedure
The Contractor shall submit a monthly `Statement of Expenditures' (DHS-3469)
to OHS. This Statement of Expenditures shall accurately represent the units of
service delivered, the reimbursement rate by type of service and, the total amount
being claimed. The total number of units (by service type) for each bill must be
rounded down to the nearest whole or tenth of a unit. This Statement shall be
submitted to DHS within 30 days from the end of monthly billing period. For the
month of September, billings shall be submitted as reasona* directed by the
contract administrator to meet fiscal year end closing deadlines. in no event shall
DI-IS make a payment to the Contractor for billings submitted more than 90 days
after the end of a billing period.
Obligations incurred prior to or after the period covered by this Agreement shall
be excluded from the Contractors monthly invoices. The unit rate(s) established
in this Agreement shall remain fixed for the entire period of the Agreement
N. Criminal Background Check
As a condition of this Agreement the Contractor certifies that the Contractor shall,
prior to any individual performing work under this Agreement, conduct or cause to
be conducted for each new employee, employee, subcontractor, subcontractor
employee, or volunteer who works directly with:
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1. clients under this Agreement, or who has access to client information, an
Internet Criminal History Access Tool (ICHAT) check and a National and
State Sex Offender Registry check. •
Information about ICHAT can be found at http://apps.michigan.goviichat .
The Michigan Pubic Sex Offender Registry website address is
fittplAaww.mipsorstate.mlus.
The National Sex Offender Public website address is
httpfiwww.nsopw.gov .
children under this Agreement a Central Registry (CR) check
Information about CR can be found at htlp://www.mtgov/dhs10,160717-124-
5452_7119_48330-180331—,00.html.
The Contractor shall require each new employee, subcontractor, subcontractor
employee, or volunteer who works directly with clients or who has access to client
information under this Agreement to notify the Contractor in writing of criminal
convictions (felony or misdemeanor) arid/or pending felony charges or placement
on the Central Registry as a perpetrator at hire or within 10 days of the event after
hiring.
Additionally, the Contractor shall require each new employee, employee,
subcontractor, subcontractor employee, or volunteer who works directly with
clients under this Agreement or who has access to client information and
who has not resided or lived in Michigan for each of the previous 10 years to
sign a waiver attesting to the fact that they have never been convicted of a
felony or identified as a perpetrator, or if they, have, the nature and recency of
the felony.
The Contractor further certifies that the Contractor shall not submit claims for
or assign duties under this Agreement to any new employee, subcontractor,
subcontractor employee, or volunteer based on a determination by the
Contractor that the results of a positive ICHAT and/or a CR response or
reported criminal felony conviction or perpetrator identification make the
individual ineligible to provide the services.
The Contractor must have a written policy describing the criteria on which its
determinations shall be made and must document the basis for each
determ nation. The Contractor may consider the recency and type of crime
when making a determination. Failure to comply with this provision may be
cause for immediate cancellation of this Agreement. In addition, the
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Contractor must further have a written policy regarding acceptable screening
practices of new staff members and volunteers who have direct access to
clients and/or client's personal information, which serve to protect the
organization and its clients that is clearly defined. The Contractor must also
assure that any subcontractors have both of these written policies.
If OHS determines that an individual provided services under this Agreement for
any period prior to completion of the required checks as described above, DHS
may require repayment of any and/or all billed services for the period that the
required checks had not been completed.
II. DHS RESPONSIBILITIES
A. Payment
DHS shall make payments to the Contractor within 45 days after receipt by OHS
of the Contractor's Statement of Expenditures, based upon the fallowing rates per
unit of services delivered:
For the COUNTY OF OAKLAND, the initial reimbursement rate will be 29.40% of
total billings. Quarterly OHS will review the TITLE IVE eligfollity standard for the
County and notify the Contractor of the results of the review and any change in
the reimbursement.
Unit Title Rate
Legal Services $45.75
B. Maximum Amount of Aoreement
DHS hereby agrees to pay the Contractor an amount not to exceed One Million
Three Hundred Forty-nine Thousand Three Hundred Thirty-one dollars and
00/100 ($1,349,331.00) for services performed in accordance with the terms at
this Agreement exclusively during the period January 1, 2011 to December 31,
2013.
From the total amount, the maximum amount that may be expended during the
following periods is:
Fiscal Year Amount
January 1, 2011 through December 31, 2011 $449,777.00
January 1, 2012 through December 31, 2012 $449,777.00
January 1,2013 through December 31, 2013 $449,777.00
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C. Evaluation Criteria
The services provided by the Contractor under this Agreement shall be evaluated
by DI-IS on the basis of the following criteria:
1. Contractor shall perform all services listed in section 1.0 of this contract.
GENERAL PROVISIONS — PUBLIC
A. Conclusion, Termi ar).a. and Cancellation Teregg
I. DHS' Source of Funds-Termination
DNS payment of Federal or State funds for purposes of this Agreement is
subject to and conditional upon the availability of those funds for such
purposes. No commitment is made by DHS to continue or expand activities
covered by this Agreement. Funding for services to be provided beyond the
end of the initial State fiscal year is dependent on legislative appropriation.
DHS may terminate this Agreement immediately upon written notice to the
Contractor at any time prior to the completion of this Agreement if, in the
sole discretion of DHS, funding becomes unavailable for this service or such
funds are restricted.
2. Cancellation of Agreement
DHS may cancel this Agreement upon thirty days written notice if DHS
determines that the Contractor, its agent, or its representative has offered or
given a gratuity, kickback, money, gift, or anything of value to an officer,
official, or employee of the Stet to obtain a contract or favorable treatment
under a contract. By signing this Agreement, the Contractor hereby certifies
that no funds have been given to any state officer, official, or state employee
for influencing or attempting to influence such officer, official, or employee of
the State.
Except as indicated below, DHS may cancel this Agreement without further
liability to DHS or its employees by giving the Contractor written notice of
such cancellation thirty days prior to the date of cancellation. The Contractor
may terminate this Agreement upon thirty days written notice to DHS at any
time prior to the completion of the Agreement period.
In case of defauit by the Contractor, DHS may immediately cancel this
Agreement without further kabiliej to OHS or its employees, and procure the
services from other sources.
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In addition, OHS may immediately cancel this Agreement without further
liability to DHS or its employees if the Contractor, an officer of the
Contractor, or an owner of a 25% or greater share of the Contractor is
convicted of a criminal offense incident to the application for or performance
of a State, public, or private contract or subcontract or convicted of a
criminal affense including but not limited to any of the following:
embezzlement, theft, forgery, bribery, falsification or destruction of records,
receiving stalen property, attempting to influence a pubtic employee to
breach the ethical conduct standards for State of Michigan employees;
convicted under State or Federal antitrust statutes or convicted of any other
criminal offense which, in the sole discretion of OHS, reflects on the
Contractor's business integrity.
3. Stop Work Orders
DHS may, at any time, by written stop work order to the Contractor, require
that the Contractor stop all, or any part, of the work called for by the
Agreement for a period of up to ninety (90) calendar days after the stop
work order is delivered to the Contractor, and for any further period to which
the parities may agree. The stop work order shall be specifically identified
as such and shall indicate that it is issued under this section of the
Agreement. Upon receipt of the stop work order, the Contractor shall
immediately comply with its terms and take all reasonable s teps to minimize
the incurrence of posts allocable to the work covered by the stop work order
during the period of work stoppage.
If a stop work order issued under this section of the Agreement is canceled
or the period of the stop work order or any extension thereof expires, the
Contractor shall resume work. The parties shall agree upon an equitable
adjustment in the services to be delivered, the Agreement price, or both,
and the Agreement shall be modified, in writing, accordingly, if: (a) the stop
work order results in an increase in the time required for, or in the
Contractors cost property allocable to the performance of any part of this
Agreement and (b) the Contractor asserts its right to an equitable
adjustment within thirty (30) calendar days after the end of the period of
work stoppage, provided that, if OHS decides the facts justify the action,
OHS may receive and act upon a Contractor billing submitted at any time
before final payment under the Agreement
B. Closeout Responsibilities
1. Closeout
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When this Agreement is concluded or terminated, for any -reason, the
Contractor shall provide DHS, within thirty (30) days of conclusion or
termination, with all financial, performance and other reports required as a
condition of this Agreement DHS shall within the limit of this Agreement
reimburse the Contactor for allowable costs not previously reimbursed. The
Contractor shall immediately refund to DHS any payments or funds
advanced to the Contractor in excess of allowable reimbursable
expenditures.
2. Fixed Assets
OHS reserves the right to obtain or transfer title to all fixed assets, real or
personal, included in the approved budget of this Agreement, billed in full or
in part to DHS by the Contractor, and not fully utilized at the conclusion of
the Agreement Fixed asset costs billed to OHS shall be limited to straight-
line determination or a use charge pre-approved by DHS and shall be used
only for the performance of the Agreement unless another use is authorized
in writing by DHS.
At least sixty (80) days prior to the end date of this Agreement (which
includes cancellation of the Agreement) the Contractor shall report to DI-IS
the book value of all fixed assets and non-consumables purchased with
DHS funds and not fully utilized by the end of the Agreement. The
Contractor shall request written instructions regarding the disposal of these
fixed assets and consumable and/or non-consumable supplies that have
been acquired with funds under this Agreement Any gain on the sale or
disposition of fixed assets before completion of this Agreement must be
immediately reported and refunded to OHS.
No disposal, sale or transfer of fixed assets obtained under this Agreement
in whole or part, may occur without the express written consent of DHS.
a Continuing Responsibilities
Termination, conclusion, or cancellation of this Agreement shall not be
construed as terminating the ongoing responsibilities of the Contractor or
rights of DHS contained in Section III, "Examination and Maintenance of
Records" and Section UI,"Closeout" of tis Agreement
C. Compliance with Rules and Regulations
1. Compliance with Federal and State Reouirements
The Contractor shall comply with all Federal, State and local statutes,
regulations and administrative rules, and any amendments thereto, as they
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may apply to the performance of this Agreement. This shall include, but
shall not be limited to, those laws and regulations that could have a material
effect on the Federal program.
In addition, the Contractor shall comply with all federal grant agreements,
provons stated within the Catalog of Federal Financial Assistance, and
state and federal taws and other rules and regulations related to this funding
source.
The Contractor shall comply with all Federal Crffim of Management and
Budget circulars, which apply to. the federal funding provided under this
Agreement which include but are not limited to:
• A-133 for audit requirements
• A-102 for administrative requirements
• A-87 Cost Principles for Government
• Special Federal Grant Provisions
The Contractor shall keep informed of federal, state, and local laws,
ordinances, rules, regulations, orders, and decrees of bodies or tribunals
having any jurisdiction/authority that in any manner affects those engaged in
or employed on the work done under this Agreement or that in any manner
affects the conduct of the work done under this Agreement
2. Civil Service Rules and Regulations
The State of Michigan is obligated to comply with Article XI, Section 5, of the
Michigan Constitution and applicable civil service rules and regulations.
Other provisions of this Agreement notwithstanding, the State personnel
director is authorized to disapprove contractual disbursements for personal
services if the State personnel director determines that this Agreement
violates Article XI, Section 5 of the Michigan Constitution or applicable civil
service rules and regulations.
S. Compliance with Civil Rights, Other Laws
The Contractor shall not discriminate against any employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of
employment, or a matter directly or indirectly related to employment
because of race, color, religion, national origin, age, sex, height weight or
marital status pursuant to 1976 Public Act 453, Section 209. The Contractor
shall also comply with the provisions of the Michigan Persons with
Disabilities Civil Rights Act, 1976 Public Act 220, as amended (M_C.L.
37,1101 et. seq.) and Section 504 of the Federal Rehabilitation Act of 1973,
P.L. 93-112, 87 Stet 355, which states that no employee or client or
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otherwise qualified handicapped individual shall, solely by reason of this
handicap, be excluded from participation, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial assistance. Further, the Contractor shall comply with the
Americans with Disabilities Act of 1990 (ADA), P.L 101-336, 104 Stat. 327,
which prohibits discrimination against individuals with disabilities and
provides enforcement standards. The Contractor shall comply with all other
Federal, State or local laws, regulations and standards, and any
amendments thereto, as they may apply to the performance of this
Agreement
4. Freedom of Information Act
Ali information in this Agreement is subject to the provisions of the Freedom
of information Act. 1976 Public Act 442, as amended, PACL 15231, at seq.
5. Prohibition against Usino Fundsio Stinnort
The Contractor shall not use financial funds administered by the State or
Federal government to support inherently religious activities, such as
worship, religious instruction, or proselylization. If the Contractor engages in
such activities, it must offer them separately, in time or location, from the
programs or services funded with State or Federal assistance, and
parpation must be voluntary for the beneficiaries of the Slate or Federally
funded programs or services.
The Contractor shall strictly adhere to provisions of federal law and
regulation, including those found in 42 U.S.C. 604a.
D. Fees and Other Sources of Funding
The Contractor guarantees that any claims made to DHS under this Agreement
shall not be financed by any source other than DHS under the terms of this
Agreement If funding is received through any other source, the Contractor
agrees to deduct from the amount billed to DHS the greater of either the fee
amounts, or the actual costs of the services provided,
The Contractor may not accept reimbursement from a dent unless the
Agreement specifically authorizes such reimbursement in the "Contractor
Responsioility' section, In such case, a detailed fee scale and criteria for charging
the fee must be included. if the Contractor accepts reimbursement from a client in
accordance with the terms of the Agreement, the Contractor shall deduct these
fees from billings to EM-IS.
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Other third party funding sources, e.g., insurance companies, may be billed for
contracted client services. Third party reimbursement shall be considered
payment in full unless the third party fund source requires a co-pay, in which case
OHS may be billed for the amount of the co-pay. No supplementsl billing is
allowed.
E. Confidentiality
1. The Contractor and the State of Michigan (hereinafter referred to as the
State) each acknowledge that the ether possesses and will continue to
possess confidential information that has been developed or received by ft
As used in this Section, -Confidential Information" of the Contractor must
mean all non-public proprietary Information of the Contractor (other than
Confidential Information of the State as defined below) which is marked
confidential, restricted, proprietaiy or with a similar designation. "Confidential
Information" of the State must mean any information which is retained in
confidence by the State (or otherwise required to be held in confidence by
the State under applicable federal, state and local laws and regulations) or
which, in the case of tangible materials provided to the Contractor by the
State under its performance under this Agreement, is marked as
confidential, proprietary or with a similar designation by the Stale,
"Confidential Information" excludes any information (including this
Agreement) that is publicly available under the Michigan Freedom Of
Information Act
2. The State and the Contractor will each use at least the same degree of care
to prevent disclosing to third parties the Confidential Information of the other
as it employs to avoid unauthorized disclosure, publication or dissemination
of its own confidential information of like character, but in no event less than
reasonable care. Neither the Contractor nor the Stale will (i) make any use
of the Confidential Information of the other except as contemplated by this
Agreement (ii) acquire any right in or assert any lien against the
Confidential information of the other, or (iii) if requested to do so, refuse for
any reason to promptly return the other party's Confidential Information to
the other party. Each party will limit disclosure of the other parly's
Confidential Information to employees and Subcontractors who must have
access to fulfill the purposes of this Agreement. Disclosure to, and use by, a
Subcontractor is pemissible where (A) use of a Subcontractor is authorized
under this Agreement (B) the disclosure is necessary or otherwise naturally
occurs in connection wttti work that is within the Subcontractor's scope of
responsibility, and (C) the Contractor obligates the Subcontractor in a
written Contract to maintain the State's Confidential Information in
confidence. At the State's request, any employee of the Contractor and of
any Subcontractor having access or continued access to the State's
Confidential Information may be required to execute an acknowledgement
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that the employee has been advised of the Contractor's and the
Subcontractor's obligations under this Section and of the employee's
obligation to the Contractor or Subcontractor, as the case may be, to protect
the Confidential Information from unauthorized use or disclosure.
Promptly upon termination or cancellation of this Agreement for any reason,
the Contractor must certify to the State that the Contractor has destroyed all
State Confidential Information.
F. Examination and Maintenance of Records
The Contractor shall permit DHS or any of its authorized agents access to the
facilities being utilized at any reasonable time to observe the operation of the
program. Further, the Contractor shall retain all books, records or other
documents relevant to this Agreement for six years after final payment, at the
Contractor's cost. Federal auditors and any persons duly authorized by OHS shall
have full access to and the right to examine and audit any of said material during
said period. If an audit is initiated prior to the expiration of the sbeyear period and
extends past that period, ail documents shall be maintained until the audit is
completed. OHS shall provide findings and recommendations of audits to the
Contactor. OHS shall adjust future payments or final payment if the findings of an
audit indicate over payment to the Contractor in any period prior to the audit If no
payments are due and owing the Contractor, the Contractor shall refund all
amounts which may be due laliS within sixty (60) days notice by DHS. The
Contractor shall assure, as a condition of any sale or transfer of ownership of the
Contractor agency, that the new purchasers or owner maintains the above-
described books, records or other decuments for any unexpired porton of the six -
year period after final payment under this Agreement or the Contractor shall
otherwise maintain said records as OHS may direct. if business operations cease,
the Contractor shall maintain records as OHS may direct. The Contractor shall
notify DHS when and if the Contractor operations cease during the six-year
period after final payments and provide for appropriate storage of records at the
Contractor's expense.
The Contractor shall, as a provision of the Agreement between the Contractor
and the auditor, assure that OHS may make reasonable inquiries of the auditor
relating to audit workpapers and, furthermore, that OHS may review the auditor's
workpapers in support of the audit
G. Reporting and Monitoring
1. Reporting
The Contractor shall comply with all program and fiscal reporting
procedures as are or may hereinafter be established by OHS. The
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Contractor shall also comply with all reporting procedures established by
DHS in completion of progress reports at time intervals, on forms, in
formats, and by means specified by OHS. In particular, reports or billing
documents dervting event dates shall record month, day and year as
specified by OHS. In all electronic filings, four digits shall be used to
designate century. Any additional reports as deemed necessary by OHS
shall be made and submitted by the Contractor upon request
2. Monitoring Requirements
OHS reserves the right to perform scheduled and unscheduled on-site visits
during normal business hours, to monitor the Contractors activities under
this Agreement at any time, either during the term, or within three (3) years
after termination of the Agreement. The Contractor shall cooperate with
DI-IS during the monitoring process by making available all records,
facilities, and other resources necessary to perform the review
if DHS detects noncompliance with this Agreement and/or questioned
costs during the course of its review, these items shall be identified and
conveyed to the Contractor in an exit conference, DHS shall provide the
Contactor with a detailed written report of these findings within sixty (60)
days of the exit conference. The Contractor is required to address each item
in OHS' report by providing a Corrective Action Plan (CAP) to eliminate or
correct each issue of noncompliance. The Contactor shall submit the
Corrective action plan to DHS within sixty (60) days from issuance of OHS'
report.
If OHS identifies questioned costs that cannot be substantiated, OHS may,
at its discretion, and after consultation with the Contractor, require the
Contactor to submit a revised DHS-3469, 'Statement of Expenditures" to
reflect adjustment for disallowed costs. Submission of revised billings to
DIAS shall be made within a time schedule established by DHS and the
Contractor. If the Contactor fails to comply with monitoring requirements as
set forth in this Agreement, and within allotted time frames mutually
established, DHS may, at its discretion, invoke sanctions on the Contractor,
which may include, but are not limited to, actions to collect disallowed costs
and/or cancellation of the Agreements.
3. Audit Reports that Contain a Going Concern Statement
If an audit firm conducts an audit of the Contractor and issues an audit
report with a -finding of a Going Concern, the Contractor must submit this
audit report to the OHS Office of Monitoring and Internal Control within 10
days from the date of the audit report. The submission of this audit report to
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DHS is required regardless of whether an audit is required under this
Agreement
A Contractor receiving a Going Concern must submit a financial plan to the
DI-IS Office of Monitoring and Internal Control no later than 25 days from the
date of the audit report issued by the audit firm. The financial plan must be
approved by OHS. Failure of the Contractor to either timely submit the audit
report with the Going Concern, or timely submit a financial Oen, or OHS'
rejection of the Contractor's financial plan, are grounds for immediately
terminating this Agreement
Mailing address for all audit information:
Michigan Department of Human Services
Office of Monitoring and Internal Control
Grand Thyme Suite 1112
PO Box 30037
Lansing, Ml 48909
H. Recouoment of Funding and Repayment of Debts.
1. Recouoment of Funding
If the Contractor fails to comply with monitoring requirements as set forth in
this Agreement, or fails to submit a revised DHS-3469 1 "Statement of
Expenditures" within allotted time frames established by DHS in
consultation with the Contractor, OHS may, at its discretion, recoup or
require the Contractor to reimburse payments made under this Agreement
which DHS has determined that the Contractor has been overpaid. The
Contractor is liable for any cost incurred by OHS in the recoupment of any
funding.
Upon notification by OHS that repayment is required, the Contractor shall
make payment directly to OHS within 30 days or OHS may withhold current
or future payments made under this or any other agreements, current or
future, between OHS and the Contractor.
If the Contractor fails to: (1) correct noncompliance activities identified by
DHS, (2) submit revised billings as requested as part of a Corrective Action
Plan when required; or (3) remit overpayments or make arrangements to
have the overpayments deducted from future payments within 30 days,
such failure shall constitute grounds to terminate immediately any or all of
DHS' agreements with the Contractor. OHS shall also report noncompliance
of the Contractor to Michigan's Department of Management and Budg et
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Such report may result in the Contractors debamnent from further contracts
with the State of lvtichigan.
2. Repayment of Debts and Other Amounts dug DH5
By entering into this Agreement, the Contractor agrees to honor all prior
. repayment agreements established by OHS with the Contractor or
Contactors predecessors. If the Contractor has an outstanding debt due to
OHS but does not have a repay agreement, the Contractor agrees to make
monthly payments to DRS at an amount not less than 5% of any
outstanding balance and to begin on the date this Agreement is executed.
If the Contactor fails to honor prior repayment agreements, or the
Contractor fails to begin repayment on an obligation due DHS that is not
subject to a repayment agreement OHS will initiate the administrate
process to reduce payments to the Contractor under this Agreement to
recoup the debt. The payment reduction will be made at the amount
originally established in the repayment agreement or at an amount not less
than 5% of any outstanding balance effective on the date this Agreement is
executed.
L Publication - Approval and Copyrioht
The State of Michigan shall have copyright, property and publication rights in all
written or visual material or other work products developed in connection with this
Agreement The Contractor shall not publish or distribute any printed or visual
material relating to the services provided under this Agreement without prior
written permission of the State of Michigan.
If the Contractor or an agent of the Contractor creates and/or reproduces under
this Agreement materials which are developed for consumption by the general
public or as a general information tool and which are funded in whole or in part
with State of Michigan funds, the Contractor or its agent must include one of the
statement referenced below, as they apply:
• This program is funded by the state of Michigan or
• This program is funded in part by the State of Michigan
News releases (including promotional literature and commercial advertisements)
pertaining to this Agreement shall not be made without prior written OHS
approval, and then only in accordance with the explicit written instructions from
DHS. No results of the activities associated with the Agreement are to be
released without prior written approval of DHS and then only to persons
designated.
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J. Subcontracts
The Contractor shall not assign this Agreement or subcontract this Agreement to
other parties without obtaining prior written approval of the OHS Division of
Contracts and Rate Setting. DHS,, as a condition of granting such approval, shall
require that such assignees or subcontractors shall be subject to all conditions
and provisions of this Agreement including Criminal Record and Central Registry
background checks when applicable. The Contractor shall be responsible for the
performance of all assignees or subcontractors.
if subcontracting, the Contractor must obligate the subcontractors to maintain the
confidentiality of DHS client information in conformance with State and Federal
requirernents. At DFIS' request, any employee of the Contractor and of any
subcontractor having access or continued access to DNS' confidential information
may be required to execute an acknowledgment that the employee has been
advised of the Contractors and the subcontractors obligations under this section
and of the employee's obligation to DHS, the Contractor or subcontractor, as the
case may be, to protect such confidential information from unauthorized use or
disclosure.
K Disputes
The Contractor shall notify DRS in writing of rtent to pursue a claim against OHS
for breach of any terms of this Agreement No suit may be commenced by the
Contractor for breach of this Agreement prior to the expiration of ninety (90) days
from the date of such notification. Within this ninety (90) day period, the
Contractor, at the request of DHS, must meet with the Director of DHS or
designee for the purpose of attempting reSolution of the dispute.
L Agreement Inclusiveness
,
This Agreement contains all the terms and conditions agreed upon by the parties.
No other understanding, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto,
M. Reporting of Retiree Employment
All other provisions of this Agreement notwithstanding, the Contractor shall
provide written notification within fifteen (15) days of hiring to DHS Office of
Human Resources (HR) the name, social security number, and work site of any
employee who retired from the State of Michigan. Failure to notify HR within the
allotted time period may result in the disallowance of a costs related to this
Agreement up to the time the proper notification is received by FIR.
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No reimbursement may be claimed under this Agreement for salary or
subcontracting evense for any employee who retred from the State of Michigan
using the early retirement program authorized by 2002 Public Act 93, or is a State
of Michigan retiree currently receiving retirement benefits from the State of
Michigan.
N. Certifications Regarding Lobbvine
As required by section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 691 for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the Contractor certifies that
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any persons influencing or attempting to
influence an officer or employee of an department, a member of Congress,
an officer or employee of Congress, or an employee of a member of
Congress in connection with the making of any Federal grant, the entering
into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative
agreement.
2. if any funds other than Federal appropriated funds have been pad or will be
paid to any person for influencing or attempting to influence an officer or
employee of any department, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with this Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard form — LLL, 'Disclosure of
Lobbying Activities," in accordance with it instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including
sub-grant, contracts under grants and cooperative agreements, and
subcontracts) and that all sub-recipients shall certify and disclose
accordingly,
0. Cerlife:ation Reoardir sibility
Matters
The Contractor certifies that they and their principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal
court, or voluntarily excluded from covered transactions by any Federal or
State department or agency.
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2. Have not within a three-year period preceding this Agreement been
convicted of or had civil judgment tendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, State, or local) transaction or contact under
a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falscation or
destruction of records, making false statements, or receiving stolen
property.
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in 28 CFR 67, et sec.
4. Have not within a three-year period preceding this Agreement had one or
more public transactions (Federal, State or local) terminated for cause and
default
Where the parties are unable to certify to any of the statements in this
certification, the Contractor shall attach an explanation to this Agreement
The Contractor shall promptly notify DHS of any criminal litigation, investigations
or proceeding which may have arisen or may arise involving the Contractor or any
of the Contractor's subcontractors, or any of the foregoing entities' then current
officers or directors during the term of this Agreement and three years thereafter.
All notices shalt be provided in writing to DHS within fifteen business days after
the Contractor learns about any such criminal or civil investigations and within
fifteen days after the commencement of any proceeding, litigation, or arbitration,
as otherwise applicable. Details of settlements, which are prevented from
disclosure by the terms of the settlement, shall be annotated as such. However,
the Contractor shall disclose if any terms of such settlement would impede the
Contractor's performance of this Agreement The Contractor may rely on similar
good faith certifications of its subcontractors, which certification shall be available
for inspection at the option of DHS.
The Contractor certifies to the best of its knowledge that within the past three (3)
years, the Contractor has not;
1. Failed to substantially perform a state contract or subcontract awarding to
its terms, conditions, and specifications within specified time limits,
2. Refused to provide information or documents required by a - contract
including, but not limited to information or documents necessary for
monitoring contract performance.
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3, Failed to respond to requests for information regarding contract compliance,
or accumulated repeated substantiated complaints regarding performance
of a contract
4. Failed to perform a state contract or subcontract in a manner consistent with
any applicable state or federal law, rule, regulation, order, or decree.
The Contractor shall include Section 0. (Certification Reloading Debarmert
Suspension, and Other ResponsibilitU1=1) language as written above in all
subcontracts with other parties.
The Contractor shall ;squire each primary subcontractor, whose subcontract will
exceed $25,000, to disclose to the Contractor, in wilting, whether at of the time of
the award of the subcontract, the subcontractor, or its principals, is or is not
debarred, suspended, or proposed for debarment by the Stale of Michigan. The
Contractor shall then inform OHS of the subcontractors status and reasons for
the Contractors decision to use such subcontractor, if the Contractor so decides.
If it is determined that the Contractor knowingly rendered an erroneous
certification under this provision, in addition to the other remedies available to the
state, DI-IS may immediately terminate this Agreement.
If the state finds that grounds to debar exist it shall send notice to the Contractor
of proposed debarment indicating the grounds for proposed debarment and the
procedures for requesting a hearing. if the Contractor does not respond with a
written request for a hearing within twenty (20) calendar days, the state shall
issue the decision to debar without a hearing. The debarment period may be of
any length up to eight (8) years. After tie debarment period expires, the
Contractor may reapply for inclusion on bidder lists through the regular application
process by authority of ExecutiVe Order 2003-1.
P. Govemine Law
This Agreement shall in all respects be governed by, and construed in
accordance with, the laws of the Stale of Michigan. Any dispute arising herein
shall be resolved in the State of Michigan.
Ct. Severabilitv
Each provision of this Agreement shall be deemed to be severable from all other
provons of this Agreement and, if one or more of the provisions of this
Agreement shall be declared invalid, the remaining previsions of this Agreement
shah remain in full force and effect.
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R. Amendment
1. Federal or State Laws or Regulations
The Contractor shall, upon request of OHS and receipt of a proposed
amendment, amend this Agreement, if and when required in the opinion of
OHS, due to the revision of Federal or State laws or regulations. If the
Contractor refuses to sign such amendment within fifteen (15) days after
receipt, this Agreement shall temtinate upon such refusal. This Agreement
may otherwise be amended only by the written consent of all the parties
hereto.
Z Change Requests
The State reserves the right to request from time to time any changes to the
requirements and specificaborts of this Agreement and the work to be
performed by the Contractor under this Agreement. During the course of
ordinary business, it may become necessary for the State to discontinue
certain business practices or create Additional Services/Deliverables. At a
minimum, to the extent applicable, the State will require the Contactor to
provide a detailed outline of all work to be done, including tasks necessary
to accomplish the services/deliverables, timeframes, fisting of key personnel
assigned, estimated hours for each individual per task, and a complete and
detailed cost justification.
If the Contractor does not so notify the State, the Contractor has no right to
claim thereafter that it is entitled to additional compensation for performing
that service or providing that deliverable.
Change Requests:
a. By giving Contractor written notice within a reasonable time, the State
must be entitled to accept a Contractor proposal for change, to reject
it, or to reach another agreement with Contractor. Should the parties
agree on carrying out a change, a written amendment must be
prepared and issued under this Agreement describing the change
and its effects on the services and any affected components of this
Agreement
b. No proposed change must be performed until the proposed change
has been specified in a duly executed amendment issued by DHS.
c. If the State requests or directs the Contractor to perform any activities
that Contractor believes constitute a change, the Contractor must notify
the State that it believes the requested activities are a change before
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beginning to work on the requested activities. If the Contractor fails to
notify the State before beginning to work on the requested activities,
then the Contractor waives any right to assert any claim for additional
compensation or time for performing the requested activities. If the
Contractor commences performing work outside the scope of this
Agreement and then ceases performing that work, the Contractor must,
at the request of the State, retract any out-of-scope work that would
adversely affect this Agreement
S. Options to Renew
At the discretion of OHS, an awarded contract may be renewed in writing by an
amendment not less than 30 days before its expiration. The contract may be
renewed for up to one additional year period.
T. Notice and Right to Cure
if the Contractor breathes this Agreement and OHS, in its sole discretion,
determines that the breach is curable, then OHS must provide the Contractor with
written notice of the breach and a time period (not less than 30 days) to cure the
breach. The notice of breach and opportunity to cure is inapplicable for
successive or repeated breaches or if DE -IS determines, in its sole discretion, that
the breath poses a serious and imminent threat to the health and safety of any
person or the imminent loss, damage, or destuction of any real or tangible
personal property.
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this day of
IN WITNESS WHEREOF, the OHS and the Contractor have caused This Agreement to be
executed by their respective officers duly authorized to do so.
The Undersigned has the lawful authority to bind the Contractor to the terrns set forth in this
Agreement.
Dated at , Michigan County of Oakland
(Contractor)
(Signature)
Witness:
Dated at
this day of
Witness:
(Print Name)
, Michigan DEPARTMENT OF HUMAN SERVICES
, Br
Director
Contract #1PROFC-11-63001
CM-Fl 01 (Rev, 7-10) Previous edgion obsatte, MS Word
• ek • Ill.
FISCAL NOTE #10304 . November 18, 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROSECUTING ATTORNEY — 2010-2013 TITLE IV-E CLIENT SERVICES CONTRACT PROFC (C-
11-63001) — UNIT RATE - CONTRACT ACCEPTANCE
To the Oaicland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule Xlt-C of this Board, the Finance Committee has reviewed the above referenced resolution
and finds:
1. The Michigan Department of Human Services (OHS) desires to extend the contract
agreement with the Oakland County Office of Prosecuting Attorney to provide legal
consultation regarding the abuse/neglect of children cases, court proceedings, establishment
of protocol, petition information, and periodic strategy and training meetings with DI-IS staff
for the period of January 1,2011 through December 31, 2013.
2. With this contract extension there is a potential ability to generate a maximum of $1,349,331
in revenue over the three years, with a yearly not-to-exceed billable amount of $449,777, per
the agreement with DHS. However, collection of the revenue has been less than anticipated
due to unanticipated compliance issues, which the Prosecutor's Office is working on with the
Department of Human Services to rectify.
3. The contract will be funded via Title IV-E pass through funds
4. No County match is required, as the grant match requirement will be met by the use of Tit:e
IV-E funding (50%) non-reimbursable portion of costs for legal representation from the
Department of Human Services staff and DHS contract agency staff.
5. Existing staff at the Prosecutor's Office that currently represents OHS will continue to do so
under this contract. Therefore, no additional staff or commitment of other resources by the
County is necessary.
6. A budget amendment will be presented with the Prosecuting Attorney's Victim Services
Reorganization and Deletion of Positions requests, which is concurrently being
considered for DOC approval.
FIN, A CE CO:v1IITTEE
/
FINANCE COMMITTEE
Motion carried unanimously on a roil call vote
Resolution #10304 November 18, 2010
Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Gape110, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchet
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, 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 Consent
Agenda were adopted (with accompanying reports being accepted).
0
HEREBY APPROVE THE FOREGONG RESOLUTiON
ACT1NG PURSUANT TO 1573 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 November
18, 2010, with the original record thereof now remaining in my office.
In Testimony Whereof, i 4 have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac. Michigan this 18'1- day of November. 2010.
eat
Ruth Johnson, County Clerk