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HomeMy WebLinkAboutResolutions - 1983.02.03 - 11504MISCELLANEOUS RESOLUTION 83005 February 3, 1983 BY: FINANCE COMMITTEE, G. WILLIAM CADDELL, CHAIRPERSON IN RE: ACCEPTANCE OF 1983.: COOPERATIVE REIMBURSEMENT GRANT-PROSECUTOR'S OFFICE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS Miscellaneous Resolution 48145, revised Federal and. State Grant Procedures, requires the Finance Committee to review all grant acceptances that vary less than 10% from the original Grant Application; and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution 82356 authorized the application for the Cooperative Reimbursement Grant Renewal - Prosecutor's Office; and WHEREAS funds for continuation of the Cooperative Reimbursement Grant - Prosecutor's Office for the period January 1, 1983 through December 31, 1983, is in the amount. of $542,178 which varies less than 10% from the $581,654 grant application; and WHEREAS of the $542,178, $464,582 (85.7%) is State of Michigan funded and $77,596 (14.3%) is County funded, consistent with the attached schedule; and WHEREAS the Prosecutor's Office requests continuation of the Cooperative Reim- bursement Program for the period January 1, 1983 through December 31, 1983. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the Cooperative Reimbursement Grant. - Prosecutor's Office for the period January 1, 1983 through December 31, 1983, in the amount of $542,178. BE IT FURTHER RESOLVED that pursuant to Rule Xl-,C of this Board, the Finance Committee finds the County share for this grant award is $77,596, of which. $8,550 is soft match contributions, $27,489 Salary and Fringe Benefit costs provided in the 1983 Prosecutor's Budget and $41,557 is cash contribution provided for in the 1983 Budget as follows: 998-02-00-9998 Federal Project Match 411-01-00-3230 Paternity Blood Test 411-01-00-3380 Grant Match $14,607 21,750 5,200 Total $41,557 BE IT FURTHER RESOLVED that the Board of Commissioner's appropriates $14,607 from the 1983 Federal Project Match and transfers said funds to the 1983 Prosecutor's Grant Match line-item. ; BF IT FURTHER RESOLVED that the future level of service shall be contingent upon the level of State funding available for this program. Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE CflOPERFiTI•I",: 1--771 ,17UP,S=NT 2ROCAM PROSECUTING ATTORIFY'S OFFICE COPAF,TSON CPA?? APPLTCATIC7./...71 January 1, 1983 - December 31, 1983 Grant Application Grant Award - Varii_no 1/1/83-12/31/83 1/1/83-12/31/83 Favor,,,blef:-,voT No. of Pos. Amount. No. of Pos. Amount No. of Fos. ,A7)1,-)unt. SALARIES State Funded Chief of F.S. I $ 54,361 1 $ 51,284 -- $ 3,077 Ass'. Prosecutor III 2 65,077 2 61,393 -- 3,684 Pros.' Investigator 2 57,922. 2 51,550 _ -- 6,372 Para Legal Clerk 2 31,355 2 29,580 -- 1,775 Clerk III 6 95,962 6 90,341 -- 5,621 Typist TT 2 27,044 2 25,513 -- 1,531 Student 1 4,574 1 4,315 -- 259 Total Salaries 16 $336,295 1) 16 $313,976 -- $22,319 Fringe Benefits 102,884 97,060 5,824 Total Salaries & Fringes $439,179 $411,036 $28,143 Indirect Costs $ 23,204 2) $ 21,664 2) $ 1,540 County Funcled •Legal Secretary 1 $ 20,700 $ 19,528 $ 1,172 Fringe Benefits . $ 8,438 $ 7,961 477 Total Salaries & Fringes $ 29,138 $ 27,489 $ 1,649 Indirect Costs $ 1,428 2) $ 1,347 2) 81 OPERATING State Funded Leased Vehicles $ 12,000 $ 12,000 Travel & Conference 200 150 50 Office Supplies 2,000 2,000 --- Copier Rental 1,500 1,500 --- Equipment Rental 6,600 • 6,660 (60) 7ata Processing 3,072 3,072 --- Communications 4,000 4,000 --- Postage . 2,000 2,000 --- Memberships, Dues & Publ. 500 500 --- Total Operating $ 31,872 $ 31,882 $ (ID) County Funded Equipment Repairs $ 500 $ 500 Radio Rental 1,216 1,216 --- Blood Testing 31,232 21,750 9,382 Travel & Conference 1,100 600 500 Office Supplies 3,000 3,000 --- Extraditions 1,000 1,000 --- Training 250 250 Bldg. Space Allocation 7,203 7,203 - --- Data Processing 3,072 3,072 --- Credit Checks 200 200 --- Copier Rental 400 400 --- Equipment Rental 5.,160 6,91,9 (1,909) Communications 1,000 1,000 --- Postage 1,000 1,000 2apital Outlay 600 600 --- _ Total Operating $ 56,833 $ 48,760 $ 8,073 TOTAL PROGRAM COSTS $581,654 $542,178 .779,176, Grant Application Grant Award Variance 1/1/83-12/31/33 1/1/83-12/31/83 Favorahlc,,./UnfavoraUic No. of Pos. Amount No. of Pos. Amount No. of Pos. Amount Funding Source County Salaries & Fringes $ 29,138 $ 27,489 $ 1,649 In Kind 8,631 8,550 81 Cash , 49,630 41,557 8,073 Total County $ 87,'4399 15% $ 77,596 14.3% $ 9,803 State $494,255 85% $464,582 85_7% $29,673 Total Funding $_581,654 100% $542,178 100.0% $39,476 1) Grant Application Salaries included an anticipated 6% Salaries Increase. 2) Indirect Cost 6.9% of Salaries Contract No: CS-83-105 Contract Am t.,71-5-47170-G- (Toted) . 5464,582,07Federal-State) $77,595.00 (County) Account No: 110-43-8150 R.A.S. No; - 2300 AGREEMENT between MICHIGAN DEPARTMENT OF SOCIAL SERVICES and THE COUNTY OF OAKLAND This agreement, effective, the 1st day of danuari , 19 83 , and ending the 31st day of December , 19 83 , is by and between the Michigan Department of Social Services, having a mailing address of 300 South Capitol Avenue, P.O. Box 30037, Lansing, Michigan 48909 (hereinafter referred to as the "Department"), the County of mid an d , a public organization, having a • mailinc, address of 120_11L_Dlegraph._ Road, Pontiac„ MI 43053 • (-hereinafter referred to as the "ContractoN, and the prosecuting Attorney for the County, (hereinafter referred to as the "Provider"). WITNESSETH WHEREAS, the Department is authorized to contract With State or local units of government under the provisions of MCLA 400.10; and, WHEREAS, the Department has the authority to purchase services and to enter into Cooperative Agreements under and in accordance with policies established by the Department, as well as under and in accordance with Title IV-D of the Social Security Act as amended and the provisions of part 30234 and 304, Chapter III, Title 45, Code of Federal Regulations, and,. WHEREAS, the Department is desirous of purchasing services through the Contractor and the Contractor, through the Provider, desires to provide services in accordance with the terms and conditions of this Agreement; and, WHEREAS, Chairperson, County Board of Commissioners has lawful authority to bind the Contractor, and both Contractor and Provider agree to the terms set forth in this Agreement, NOW, THEREFORE, in consideration of the above, and in consideration of the promises and mutual covenants hereinafter contained, the parties hereto agree as follows: I. GENERAL PROVISIONS A. Department's Source of Funds-Termination The Department's payment of funds for purposes of this Agreement is subject to and conditional upon the availability of funds for such purposes, being Federal and/or State funds. No commitment is made by the Department to continue or expand such activities. Upon written notice to the Contractor and Provider the Depart- ment may terminate this Agreement immediately only if Federal or State funds, specifically identified to this program, become unavailable. B. Fees and Other Sources of Funding • The Contractor guarantees that any claims made to the Depart- ment under this Agreement shall not be financed by any source other than the Department under the terms of this Agreement. If funding is received through any other source, the Contractor agrees to delete from Contractor billings, or to immediately refund to the Department, the total amount representing such duplication of funding. C. Review and Monitoring Reports The Contractor or the respective Provider shall prepare, complete, and submit the reports enumerated under Section II, I, e in accordance with the provisions contained therein. The Department shall monitor and review such reports for the purposes of determining the Contractor's corripliance with this Agreement and the provisions of Public Law 93-647 and the Code of Federal Regulations pertaining thereto. Any additional reports which the Department proposes to be completed by the Contractor shall only be completed at the discretion of the Contractor, or pursuant to a written modification to this Agreement signed by both parties, D. Examination and Maintenance of Records • The Contractor and Provider shall permit the Department or any of its identified auditors access to the facilities being Utilized, at any reasonable time with prior notice, to conduct financial audits or to evaluate the quality, scope, effectiveness and efficiency of ser- vices provided under the program in accordance with the Code of Federal Regulations pertaining to this program. -2- Further, the Contractor and Provider shall maintain all books, records or other docum ents relevant to this Agreem e nt for 5 years after final payment, at his cost, and Federal auditors and any persons duly authorized by the Department shall have full access to and the right to examine and audit any of said material during this period. If an audit is initiated prior to-the expiration of the five- year period, and extends past that period, all documents shall be maintained until the audit is completed. The Department shall provide findings and recommendations of audits to the Provider and Contractor. The Department shall adjust future payments or final payment if the findings of an audit indicate over or under payment to the Contractor in the period prior to the audit. If no payments are due and owing the Contractor, the Contractor shall refund all amounts which may be due the Department. E. Insurance Coverages Unemployment compensation coverage and workmen's compensa- tion insurance shall be maintained in accordance with applicable Federal and State laws and regulations. F. 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, national origin, age, sex, height, weight, or marital status pursuant to 1976 P.A., 453, Section 209. The Contractor shall also comply with the provisions of the Michigan Handicappers Civil Rights Act, 1976 P.A. 220 and Section 504 of the Federal Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 394, which states that no employee or client or otherwise qualified handicapped individual shall, solely by reason of their 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 all other Federal, State or local laws, regulations and standards, and any amendments thereto, as they may apply to the performance of this Agreement. G. Royalties Department reserves a royalty-free nonexclusive license to use and authorize others to use all copyrightable or copyrighted material resulting from this program. -3- H. Confidentiality The Department, Contractor and Provider agree to abide with all Federal statute and regulations and State statutes regarding confi- dentiality. I. Maintenance of Fiscal Effort - Program funds (State and Federal) will not be used as a substitute for local funds that would normally have been made available for the items covered by this Agreement. J. Personnel Costs The salaries and fringe benefits of employees covered by this Agreement shall not exceed those of "General Fund" county employees of like classification. K. Salary, Wages and/or Fringe Benefits Negotiation Where salaries, wages and fringe benefits are still in negotiation between the Contractor and its Provider or their employees, the Contractor shall advise the Department prior to the finalization of the Contract of its intent as to the salaries of the individuals covered by the Agreement and such sums shall be shown on the budget sheet as to what the party's contributions to those salaries, wages and fringes may be. If, upon final resolution with its employees, the Contractor finds that the salaries of employees under this Agreement are lower than expressed on the budget sheet, the Contractor shall notify the Department so that appropriate adjustments can be made to encumbered state funds, and the parties shall amend the agreement as to such salaries. L. Subcontracts Neither Contractor nor Department shall assign this Agreement or enter into subcontracts to this Agreement with additional parties without obtaining prior written approval of the other party. The Department, or the Contractor, 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. The Contractor or Department shall be responsible for the performance of all assignees or subcontractors, -4- Cancellation of Agreement Either party to this Agreement may terminate the Agreement upon sixty days written notice to the other party at any time prior to the completion of the Agreement period, except as otherwise provided in this Agreement N. Property Title Title to all purchased property, real or personal, used by the Contractor in the performance of this Agreement and which is funded in whole or part by the Department shall remain in the Department during the term of this Agreement. Upon expiration of this Agreement or any extension thereof, the Contractor agrees to return said property to the Department or pay the then current fair market value thereof to the Department provided, however, that in the event that any such property is only partially funded by the Department, the Contractor shall return said property to the Department or pay the Department that portion of the current fair market value of such item which is in the same percentage as the Department's contribution to the original purchase price. Where property in which the Department has an interest is traded for other property, the Contractor shall maintain continuing records to account for Department's financial interest in such subsequent acquisitions. O. Job Descriptions The application for funding shall contain job descriptions of those persons employed in the program, which part of the application is attached hereto and made a part hereof. P. Billing Method The Line-Item Expenditure Billing Method shall be used in claiming reimbursement under this Agreement. The budget part of the application is attached hereto and made a part of this Agreement. This document details the amount and object of expenditures for which the Contractor shall use funds paid under this Agreement The Contractor shall follow and adhere to the budget. However, expenditures above the direct cost line item budget categories are permissable provided the sum of all expenditures does not exceed the total amount of the contract. The Contractor must obtain' --5- prior written approval from the Department to increase or decrease line items in the budget. The person authorized to approve budget revisions is the Director of the Office of Child Support. The Contractor's request for the Department's approval must contain sufficient information to allow the Department to identify which budget line items are to be increased and which line items are to be decreased, staying within the originally approved budget total. Any adverse effects such a transfer might have on the Provider's program, should be detailed in the letter requesting line item transfers. Biking Procedure The Contractor shall submit a monthly "Cooperative Reimburse- ment Expenditure Report" (Form DSS-286) to Office of Child Support, Department of Social Services, 300 S. Capitol Avenue, P.O. Box 30037, Lansing, Michigan 4890,9. This report shall indicate actual expenditures incurred broken out by category of expense in the performance of this Agreement for the period being billed and the units of service delivered. This should be submitted to the Department within fifteen working days from the end of the monthly billing period. R. Closeout When this Agreement is concluded or terminated, the Contractor and Provider shall provide the Department, unless otherwise pro- vided in this Agreement, with such reports as are enumerated in this Agreement and shall do so within 60 days of termination or conclusion unless written extension is granted for extenuating circumstances. The Department shall make payments to the Contractor for allowable reimbursable billings not covered by previous payments. The Contractor shall refund to the Department any payments or funds advanced to the Contractor in excess of a.ilowable, reimburs- able billings. S. Continuing ResbonsibilitiPs Termination, conclusion, or cancellation of this Agreement shall not be construed so as to terminate the on-going responsibilitites of the Contractor and Provider or of the Department as provided in Section I paragraphs D, E, N, Q. Q. -6- T. Disputes The Contractor shall notify the Department, in writing, of its intent to pursue a claim against the Department 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 at least 9Q days from the date of such notification. Within this 90 day period, the Contractor, at the request of the Department, must meet with the Director of the Department for- the purpose of attempting resolution of the dispute. The same duties and obliga- tions shall attend to the Department. U. Continuation In the event that the Contractor has submitted application(s) for refunding of the existing Cooperative Reimbursement Program within the county and, because of circumstances beyond the control of either the Contractor or the Department, the Contract (Agreement) cannot be concluded to take effect on the day called for the start of the new Contract (Agreement), the delaying party shall immediately notify the other party of the special circum- stances and shall confirm in writing said circumstances and the anticipated date that their responsibilities can be concluded. The Contract (Agreement) in existence shall at the option of the delayed party, be extended for a period not to exceed 60 days from the concluding date of the existent Contract (Agreement). Should the delayed party not choose to extend the existent contract, that party shall in writing immediately notify the other. V. Amendment The Contractor shall, upon request by the Department, and receipt of a proposed amendment, amend this Agreement if and when required, in the opinion of the Department, due to revision of Federal statute or State Law. If the Contractor fails or refuses to sign such amendment, the Department may terminate this Agree- ment at,the end of 60 days from the date of request to amend. The Contractor shall suffer no liability to the Department, for refusing to agree to said amendment, and said refusal shall not constitute a breach of this contract. This Agreement may otherwise be amended only by the written consent of all the parties hereto, except as otherwise provided in this Agreement, -7- W. Termination - Unfair Labor Practice The Department may void this contract upon 15 days notice if the name of the Contractor, or the name of a subcontractor, manufac- turer, or supplier_ of the Contractor, subsequently appears in the register compiled pursuant to section,2 of Act 278, P.A. 1980. This Act prohibits the State from entering into contracts with certain employers who engage in unfair labor practices; to prohibit those employers from entering into certain contracts with others; to provide for the compilation and distribution of a register of those employers; and to provide for the voiding of certain con- tracts. II. PROVIDER ACTIVITIES: PROSECUTING ATTORNEY 1. Activities to be Performed: a. Through the Office of the Prosecuting Attorney, the provisions of P.L. 93-647 shall be carried out relating to the establish- ment of paternity and securing support in cooperation with the Department, through the Office of Child Support, in an effort to shift the burden for the support of minor children back to those legally liable and financially able to do so. To that end, prompt representation shall be given to the AFDC and non-AFDC applicant/recipient or to the Department where applicable under the following Michigan statutes: Paternity (MCL 722.711 et seq), URESA (MCL 780.151 et seq), Family Support (MCL 522.451 et seq.) and Emancipation of Minors (MCL 722.1 et seq.) Acts. Prompt representation includes acceptinc , and reviewing referrals from the support specialists (Office of Child Support); scheduling court; holding interviews with -complain- ants; initiating provider activities to locate absent parents when the address received from the Office of Child Support is found to be invalid. No URESA petition received under the IV-D program from another state shall be dismissed until, pursuant to MCL 780.163a, the provider has used all means at its disposal to trace the respondent and where the respondent is found to be in another county within the state, the Provider shall transfer said petition to the appropriate Provider in the other county.. -8- b. In cases in which blood tests are paid directly or indirectly from state/federal funds, the Provider shall endeavor to obtain reimbursement for such costs from the absent parent. c. The Provider's employees under this Agreement shall not be used to investigate, process or prosecute referrals for welfare fraud unless such referrals are directly related to child sup- port. (4.5 CFR 302.34(a)) Examples of such are: 1) "Absent parent in the home. 2) Support paid directly to client but unreported. 3) Other government benefits (Social Security, VA, etc.) received for . children but unreported: and similar issues. Referrals for unreported employment, other changes in circumstances are not child support related and cannot be serviced by Provider under this Agreement, unless such work is performed during times not charged to this Agreement such as a less than 100% funded position. Adequate logs shall be maintained in such cases. No payment shall be requested from Department for employee time relating to the investigation or prosecution of welfare fraud other than fraud relating to paternity and/or child support. d. The Provider shall have written procedures for establishing orders of supportunder the various Michigan statutes and in accordance with local practice. e. • The Contractor or Provider shall prepare, complete and submit the following reports in the cycles indicated, to the units named: 1. Form: DSS 286 - "C-R Expenditure Report". Cycle: 15 working days after month of service. To: Department of Social Services, Office of Child Support. 2. Form: DS5 285 - "PA Monthly Report". Cycle: 10 working days after month of service. To: Office of Child Support, Lansing. 3. Form; DSS 1856 - "Notice/Referral to Prosecuting Attorney". Cycle: Respond in writing when action on case com- pleted; (dismissal or order),- To: Local Support Specialist. -9- 2. Time Frames: a. Once the prosecutor has received the necessary information to proceed on a case, appropriate action shall be made within thirty (30) days. To that end, the Provider will outline goals in the body of the Program Application based upon present contract staffing levels and upon requested increase in staffing levels, III. DEPARTMENT RESPONSIBILITIES A. Payment The Department shall make monthly payments to the Contractor approximately 15 working days after receipt by the Department of the Contractor's monthly "Cooperative Reimbursement Expendi- ture Report," detailing program-related budgeting expenditures as set forth in the budget sheet attached to this Agreement. B. Maximum Amount of Agreement Payment shall be made on the basis of the Program Budget which is part of the Program Application, a copy of which is attached hereto and made a part hereof, provided that no more than five hundred forty-two thousand, one hundred seventy-eight and no/100 dollars ($ 542 1 .78..00 ) shall be paid from combined• County and State funds during the life of this Agreement; provided further that $ 77,596.00 of the above amount is the County appropriation contributed to the Title IV-D program. C. Technical Assistance The Department, through it's Office of Child Support, shall provide to the Contractor, such assistance including referrals and case information necessary to assist in carrying out the provisions of Title IV-D of the Social Security Act and applicable State statutes. The Department shall furnish the Contractor any Departmental forms and instructions necessary to carry out the requirements of this Agreement. Agreement Inclusiveness This Agreement is intended by the parties as the complete and final expression of their agreement with respect to the terms. -10- Dated at Michigan PRO SEC UTING ATTO (Provider) EY included herein, and may not be contradicted by evidence of any prior or contemporaneous agreement, oral or otherwise. IN WITNESS WHEREOF, the Department, Contractor, and Provider have caused this Agreement to be executed by their respective officers duly authorized to do so. this day of , 19 By: WITNESS: Dated at . , Michigan OAKLAND COUNTY (Contractor) this day of WITNESS: , , Chairperson Oakland County Board of Commissioners Dated at , Michigan MICHIGAN DEPARTMENT OF SOCIAL SERVICES this day of 19 • By: Noble. P. 1<heder, Director WITNESS: -11- #83005 February 3, 1983 day of February _1983 Moved by Caddell supported by McPherson the resolution be adopted. AYES: Nelson, Olsen, Perinoff, Pernick, Rewold, Wilcox, Aaron, Caddell, Calandra, Dayon, Foley, Jackson, R. Kuhn, S. Kuhn, Lanni, McConnell, McDonald, McPherson, Moffitt. (19) NAYS: Moore. (1) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) Lynn D. Allen, Clerk of the County of Oakland and having a seal -, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution- !S83005 adopted by the Oakland County Board of Co=Lssioners at their meeting held on February- 3, 103 with the.origina1 record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michignn this 3rd LYNyD. ALLEN, County Clerk/Register of 1),z: Cirk