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HomeMy WebLinkAboutResolutions - 1989.05.11 - 17048April 27, 1989 MISCELLANEOUS RESOLUTION iiggi og BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR. CHAIRMAN IN RE: PROSECUTOR'S CHILD SUPPORT ENFORCEMENT SYSTEM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Prosecuting Attorney is requesting to enter an agreement with the Prosecuting Attorneys Association of Michigan providing for the receipt of equipment and training to automate the Prosecutor's Family Support Division, and WHEREAS funding for such equipment and training is 90 per cent federal and 10 per cent state; and WHEREAS execution of the agreement allows the Prosecuting Attorney to comply with federal requirements for a statewide child support tracking and monitoring system: and WHEREAS any cost to the county associated with this agreement will be submitted for reimbursement under the Prosecuting Attorney's Cooperative Reimbursement Program Grant and is expected to be nominal; NOW THEREFORE BE IT RESOLVED that the Chairperson of the Board of Commissioners be and is hereby authorized to execute the agreement between the Prosecuting Attorneys Association of Michigan and Oakland County for the Prosecutor's Child Support Enforcement System, a copy of which is attached hereto and made a part hereof. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE I Richard D. Kuhn, Chairman May 11, 1989 FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WIWAM CADDELL, CHAIRPERSON IN RE: PROSECUTOR'S CHILD SUPPORT ENFORCEMENT SYSTEM - MISCELLANEOUS RESOLUTION #89109 TO THE OAKIAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson/ Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #89109 and finds: 1) The Prosecuting Attorney is requesting to enter into an agreement with the Prosecuting Attorney's Association of Michigan to provide for the receipt of data processing equipment and training valued at $67,300 to automate the Prosecutor's Family Support Division, 2) Execution of the agreement will enable compliance with federal requirements for a statewide child support tracking and monitoring system, 3) Funding for this equipment and training is ninety (90) percent Federal and ten (10) percent State and no County match is required, 4) Any costs to the County associated with this agreement will be submitted for reimbursement from the Cooperative Reimbursement Program contract, 5) No budget amendments are required, 6) Execution of this agreement will not obligate the County to any future commitments. 7) The contract has been reviewed by Corporation Counsel. 8) Acceptance of equipment is subject to approval of Computer Users Advisory Committee. FINANCE COMMITTEE wk-fnchilds RESOLUTION # 89109 May 11, 1989 Moved by Richard Kuhn supported by Moffitt the resolution (with a positive fiscal note attached) be adopted. AYES: Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, Luxon, McCulloch, McPherson, Moffitt, Oaks, Pappageorge. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached resolution, adopted by the Oakland County Board of Commissioners at their regular meeting held on May 11 , 19 89 with the original record thereof new remaining on file 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,Michigan this 11th day of May , 1982 Cow.w1077457° LYNOr D. ALLEN, County Clerk Re6ster of Deeds Deputy Clerk AGREEMENT BETWEEN THE PROSECUTING ATTORNEYS ASSOCIATION OF MICHIGAN AND OAKLAND This Agreement, effective the day of , 1988, by and between the Prosecuting Attorneys Association of Michigan (hereinafter referred to as "PAAM"), having a mailing address of 306 Townsend Street, Suite 400, Lansing, Michigan 48913; and the OAKLAND County Board of Commissioners (hereafter referred to as "the County"), COUNTY having a mailing address of County Courthouse, PONT T Michigan 48053 ; and the OAKLAND County Prosecuting Attorney (hereinafter referred as "the Prosecutor"); DEFINITIONS Wherever the expression "Department" or "DSS" is - utilized hereafter, reference is made to the Department of Social Services of the State of Michigan. Wherever reference is made to the agreement between the Michigan -Department of Social Services and the • Prosecuting Attorneys Association of Michigan," reference is made to that agreement dated March 30, 1988, between those parties as from time to time herebefore and hereafter - amended. Wherever reference is made to "Joint Review Board," the parties mean that body established by agreement between the PAAM and the Department of Social Services, consisting of six (6) persons, three representatives appointed by PAAM and three representatives appointed.by the DSS, empowered to review and approve all implementation: phase requests from the County for the purchase and installation of a child support computer system, before the granting of approval for the disbursal of funds. The Joint Review Board is authorized only to determine whether the requested computer system, beyond a minimum computer system, meets the needs of the child support duties in each requesting PAAM member's office. - , GENERAL PROVISIONS A. Purpose. PAAM - has entered into an agreement with the Michigan Department of Social Services for the purpose of the purchase, development, pilot and implementation of an automated child support enforcement system ,(CSES) in each prosecutor's office in the State of Michigan. B. Funding. The County and the Prosecutor having indicated a • desire to avail themselves of the terms of said agreement and indicating a . willingness to fully participate in a project of implementation, for a period of up to three (3) or more years, or such earlier time as funding may termi- nate, and all parties recognizing that neither PAAM, the County or the Prosecutor have any control over the avail- ability of funding or the extent of funding hereunder. -2- C. Reports. It is agreed by the County and the Prosecutor that in consideration of funds, resources and other considera- tions hereafter elaborated, that the County and the Prosecutor, upon request, will provide to PAAM and to the Office of Child Support the reports set forth and fully described on the attached Attachment A. . D. Examination and Maintenance of Records. The County and the Prosecutor shall maintain all . • books, records, or other documents relevant to this agreement for six (6) years after final payment, at their cost, and PAAM, representatives of the Michigan Department of Social Services and federal auditors, and any other. persons duly authorized by PAAM or the Department of Social Services, shall have full access to and the right to examine and audit any of said records during this time. If an audit is initiated prior to the expiration of the six-year period and extends past that period, all documents shall be maintained until the audit is completed. PAAM will provide to the County and the Prosecutor any audit finding shared with them by the Department of Social Services or by any federal auditor. It is understood that PAAM ma adjust future payments or final payment to the County if the findings of an audit indicate either overpayment or underpayment by PAAM to the County. -3-- Compliance with Civil Rights or other Laws. No party to this agreement shall discriminate against any employee or applicant for employment, or any recipient of service with respect to the hire., tenure, terms conditions or privileges of employment or service, or in any matter directly or indirectly related to employment or service because of race, color, religion, national origin, age, sex, height, weight or marital status. All parties shall also comply with the Michigan Handicappers Civil Rights Act (1976 PA 220), and Section 504 of the Federal Rehabilitation Act of 1973 (P.L. 93-112, 87 Stat 394), and 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. subject to discrimination under any program or activity receiving financial assistance hereunder. Further PAAM and . the County 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. F. Copyright and Publi-cation. — It is understood that the Department of Social Services has reserved copyright, property and publication rights in all materials and work products developed pursuant to and under this agreement, and the County and the Prosecutor may not copyright, sell, or bold for exclusive E. use any materials or work products developed under this agreement; except, however, the materials and information will continue to be available to the parties hereto. G. Confidentiality. The parties agree to abide by all federal statutes and regulations and state statutes regarding confidentiality as are applicable to the enforcement of child support obligations. H. Cancellation of Agreement. Anyparty to this agreement may terminate the agreement upon sixty (60) days° written notice to the other parties. at any time, except as otherwise provided in this agreement. • I. Finalization/Termination. At such time as this agreement is concluded or terminated, the County and the Prosecutor will provide to PAAM such reports :as are enumerated in this agreement, and shall do so within sixty '(60) days of termination or conclusion, unless a written extension is granted for extenuating circumstances. J. Assignment. The County and the Prosecutor shall neither assign this agreement or enter into any sub-contracts with reference to this agreement without first obtaining prior approval of PAAM. -5-- K. Liability. The County shall remain responsible for any overpayment to it of any funds hereunder, or of any other improper disbursement or payment to or by the County. In the event it is determined that any funds or equipment received by the Prosecutor/County must be repaid or . . . . returned, such repayment or return shall be the sole responsibility of the Prosecutor or the County. In the event the County or the Prosecutor becomes involved in, or is threatened with any litigation or lawsuits arising out of this agreement, PAAM and the Department of Social Services shall be immediately notified. L. Property Title:- - Upon satisfactory completion of the obligations hereunder, title to the Child Support System and equipment provided by PAAM to the County and the Prosecutor, shall be transferred to the County as owner in fee; provided, 'however, that if the federal governffient does not certify the Michigan CSES system or if the County, after audit, shall have been deemed to have functioned improperly, title to the equipment will revert to PAAM. M. Agreement Inclusiveness/Amendment. This agreement contains all the terms and conditions agreed upon by the parties. No other understand- ing, oral or otherwise, regarding the subject matter of this agreement, shall be deemed to exist or to bind any of the parties hereto. The County Prosecutor shall, upon the request of PAAM, and upon receipt of a proposed amendment, -6- • amend this agreement if and when required in the opinion of PAAM or the Department of Social Services, due to revision of state laws or regulations governing the parties' respective obligations hereunder. If the County refuses to execute such amendment within sixty (60) days after 'receipt, this agreement shall terminate thereon. Other than as so . indicated,. this agreement may only otherwise be amended by the written consent of all of the parties. N. Dispute. If any dispute arises with reference to the interpretation of this agreement, the parties, upon written notification of the dispute, will _forthwith meet through their representatives- to discuss said dispute, teeking the advice and services of the Department of Social Services. In the event the parties are not able to resolve the areas of . difference, then the determination by PAAR shall be binding, and PAM may, at its option, forthwith terminate the provisidns of this agreement. .. PAAM'S RESPONSIBILITIES A. Budget. Funds or equipment to be distributed by PAAR to the County under this contract are specified in Attachment B which is incorporated herein by reference. Both parties understand that the budget document will need to be amended periodically as federal/state funds for subsequent phases of -7- the Michigan Child Support Enforcement System (CSES) advance planning are secured, although the present specifications of the prosecuting attorneys system component of CSES advance planning document are hereby incorporated by reference. All . funds distributed by PAAM to the County shall be subject to audit and shall be subject to refund or repayment to PAAM. B. Computer System. PAAM shall, if included in the budget, provide certain hardware and computer systems at designated sites ‘,1 within the County and train representatives of the County and the Prosecutor in their use. C. Disbursement of Funds. PAAM shall disburse funds and release equipment secured from, or paid by, the Department to the County for the approved purchase and installation of a computer system for child support enforcement pursuant to the options contained and set forth on Attachment C hereto. - D. Coordination. r PAAM shall coordinate efforts with the Office of Child Support and the State Court AdminiStrator's Office to interface the PAAM-designed application with the CSES. RESPONSIBILITIES OF COUNTY/PROSECUTOR A. Reports. The County/Prosecutor, upon the request of PAAM, shall prepare, complete and submit the reports enumerated in -8- Attachment A, as well as-provide whatever other information- is reasonably requested by PAAM B. Maintenance of Records. The County/Prosecutor shall maintain books and records and.other documents relevant to this agreement for six (6) years after the final payment, at their cost, and federal auditors and any other persons duly authorized by PAAM or the Department of Social Services shall have full - access to and the right to examine and audit any of said materials during this period. If an audit is initiated prior to the expiration of the six-year period and extends past that period, all documents shall be maintained until the audit is completed. PAAM shall provide findings and recommendations of any audits to the County/Prosecutor. It is understood that PAAM may adjust future p ayments or final payment if the findings of an audit indicate overpayment or underpayment by PAAM to the County/Prosecutor. C. Payment of Wages and Benefits., The County and the Prosecutor shall be for the payment of all wages, fringe benefits or any other form of remuneration, including unemployment compensation and workers compensation insurance upon any employee hired by the County/Prosecutor engaged in activities as the result of or pursuant to this agreement, and the County shall be , responsible for ensuring compliance with all 'applicable federal and state laws and regulations governing employees. -9- responsible D. Minim= System Configurations. The County/Prosecutor shall work with PAAM to ensure that the County meets the minimum system configurations, as provided in paragraph IV, pages 6-8 of the agreement between the Michigan Department of Social Services and the Prosecuting Attorneys Association of Michigan dated March 30, 1988. IN WITNESS THEREOF, the parties hereof, the parties have caused this Agreement to be executed by their respective officers, duly authorized toi do so. Dated at Michigan, the day of , 1989. PROSECUTING ATTORNEYS ASSOCIATION OF MICHIGAN BY: James L. Shonkwiler Oakland Prosecuting Attorney's Office BY: Mr. RictardThappson Oakland County Board of Ccum:Licmers Chairperson D. Minknum System Configurations. The County/Prosecutor shall work with PAAM to ensure that the County meets the minimum system configurations, as provided in paragraph IV, pages 6-8 of the agreement between the Michigan Department of Social Services and the Piusecuting Attorneys Association of Michigan dated March 30, 1988. 1. January-March 2. April-June 3. July-September 4. October-December April 15 July 15 - October 15 January 15 ATTACHMENT A PAAM-CSES PILOT PHASE Fiscal Year Reports . The County and/or Prosecutor shall submit written quarterly reports to PAAM in accord with the following .schedule: Quarter Report Due Date Reports shall provide appropriate detail within the following narrative format: 1. Description of Project Activities and Progress. 2. Project Constraints, 3. Activities Scheduled for Subsequent Quarter. 4. Fiscal/Budget Summary - FY to Date. 5. Other Areas/Issues (Optional). • 6. Signature - Date; . . as well as such other information as from time to time is requested.. WHAT IS INSTALLATION? Installation is the preparation of the computer after it arrives in our office, and subsequent setup of the computer system at your location. This preparation by National TechTeam includes: 1. Diagnostics and "burn-in" of the system. 2. Loading of System Software (UNIX) and other utilities as needed. 3. Loading of the software programs that you have ordered. 4. System setup (number of terminals, printers and the location of them on thc system). 5. A prc-setup site inspection by the TechTeam service department or other designated individual is necessary to determine- cable and power requirements and any other needs not readily obvious for a good system installation. A - system implementation form will be completed at that time to insure a trouble free installation. 6. Delivery of system to your office and the setup at your location. This includes . shipping insurance to your door if shipped by common carrier. All the above items are included in the standard installation charges. SPECIAL NOTES: I. Installation does not include running of cables through walls and ceilings, have your electrician or maintenance department do that for you. (Wc can ship the cables ahead of time, if you desire.) 2. Cable distances must be calculated in advance of the equipment setup. We can assist you in this endeavor and our cable charges average S0.50/foot (S1.00/foot for TEFLON) and $7.50 per connector. If you need to have bare cable run by your electrician (without the connector ends attached) a special cost for cabling can be quoted based on cable distances and number of ends to be attached. This can be evaluated by our staff at the pre-setup site inspection. :Prziting in effect until 09/30/88. Special pricing offered for table and Fortune workstations, discount not applica.ble- -e. Physical running of cable is county responsibility. Connector irattilatiose is S60.00 per hour. ATTACHMENT C PAAM will disburse funds secured from the Department to the County/Prosecutor for the approved purchase and installation of a computer system for child support enforcement under options 1, 2 and 4 below: The County/Prosecutor elects to install the PAAM computer system for the County Prosecu- tor's child support system. This id-the only option that will be used during the pilot phase. 2. The County/Prosecutor elects to operate off the Child Support Enforcement System, Friend of the Court/Office of Child Support (CSES, FOC/OCS) system. 3. The County/Prosecutor elects to remain manual, with changes being made in the manner data is being defined and collected in those offices - for reporting to OCS. 4. The County/Prosecutor member elects to use existing county data processing or other resources to develop and implement a computer- ized child support system. The selection of this option will be contingent on the County/Prosecutor agreeing in writing to the following: A. Complete conformity to the Department and PAAM defined functional standards must be met to insure compatibility with the overall Child Support Enforcement System (CSES). B. The CountY/Proseoutor must agree they will be responsible, without receipt of any further federal or state funds, for . application softWare and enhancement costs of their particular system. C. The cost of implementing this option must be no greater than the estimated costs of implementing option 1 in the County/Prose- cutor office. Supplies Training 3,000.00 5,000.00 TOTAL: 8,000.00 OAKLAND COUNTY CONFIGURATION Hardware: FoLmula 8000T 4 MB 2 4MB Memory 3 Comm A Boards 2 Laser Printer 8310 Printer, with Tractor Feed 18 Work Stations 1 300 MB Disk TOTAL: Miscellaneous: $40,000.00 .3 Modems $2,400.00 Cable 3,000.00 Installation 3,000.00 UPS 1,800.00 Matrix Printer 1,300.00 TOTAL: • 11,500.00 Software: • C Compiler 400.00 Informix . 3,300.00 Communications 700.00 Fortune:Word 900.00 16 User Upgrade 2,500.00 TOTAL: 7,800.00 Other: GRAND TOTAL: $67.-,C0.00 " EXHIBIT A H