HomeMy WebLinkAboutResolutions - 2012.10.03 - 20550October 3, 2012
MISCELLANEOUS RESOLUTION #12240
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2013 COOPERATIVE REIMBURSEMENT
PROGRAM (CRP) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Human Services has awarded the Office of the Prosecuting
Attorney a three year Cooperative Reimbursement Program (CRP) grant funding award in the amount of
$8,381,002.43 for the period October 1 ; 2012 through September 30, 2015 allowing for annual
amendments to adjust the contract to actual program incurred cost, at the completion of each fiscal year;
and
WHEREAS this is the 39th year of grant acceptance for this program; and
WHEREAS the total grant award for FY 2013 is $2,712,092.15; FY 2014 is $2,751,301.30; and FY 2015
is $2,917,608.98; and
WHEREAS the Federal contribution for FY 2013 is $1,789,981 (66%) and the County contribution is
$922,111 (34%); and
WHEREAS the Federal contribution for FY 2014 is S1,815,859 (66%) and the County contribution is
$935,442 (34%); and
WHEREAS the Federal contribution for FY 2015 is S1,925,622 (66%) and the County contribution is
$991,987 (34%); and
WHEREAS the required County match of $2,849,540 has been included in the Fiscal Year 2013 through
Fiscal Year 2015 County Executive Recommended Budget; and
WHEREAS this grant includes continued funding for 24 positions, as follows: one (1) Chief (#4010201-
2946), one Legal Secretary (#4010201-2932), one (1) Office Supervisor (#4010201-979), three (3)
Assistant Prosecutors (#4010201-2052, #4010201-2492, #4010201-7046); three (3) Prosecutor
Investigators (#4010201-1002, #4010201-1847, #4010201-9646), four (4) Support Specialists (#4010201-
916, #4010201-4690, #4010201-6388, #4010201-7379), and eleven (11) Office Assistants (#4010201-
361, #4010201-514, #4010201-2160, #4010201-2612, #4010201-3224, #4010201-3366, #4010201-4691,
#4010201-4692, #4010201-5412. #4010201-7045, #4010201-7380); and
WHEREAS acceptance of this contract does not obligate the County to any future commitment; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review
Process and the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
three (3) year Prosecuting Attorney's Cooperative Reimbursement Program contract renewal in the total
amount of $8.381,002.43 which includes yearly allocations of 82,712,092.15 for the Fiscal Year 2013
period of October 1, 2012 through September 30, 2013; and awards of $2,751,301.30 for FY 2014; and
$2,917,608.98 for FY 2015.
BE IT FURTHER RESOLVED that this agreement shall be amended upon completibIT of each fiscal year
period beginning October 1, 2012 through September 30, 2015 to adjust the completed fiscal year
authorized funding budget to the reported actual expenditures for each fiscal year period covered by this
agreement.
BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon
the level of grant funding available for this program.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the contract agreement and to approve amendments and extensions up to fifteen (15%) percent
variance from the award, consistent with the original agreement as approved.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Gershenson and Jackson absent
GRANT REVIEW SIGN OFF — Prosecuting Attorney
GRANT NAME: FY 2013 Cooperative Reimbursement Program
FUNDING AGENCY: Michigan Office of Child Support
DEPARTMENT CONTACT PERSON: David G. Case / 858-5377
STATUS: Grant Acceptance
DATE: September 13, 2012
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 (9/4/2012)
Department of Human Resources:
Approved. — Karen Jones (9/10/2012)
Risk Management and Safety:
Approved. — Theresa Easterling (9/5/2012)
Corporation Counsel:
There appear to be no unresolved legal issues that require additional action at this time. — Karen
Agacinski (9/5/2012)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations, Below is a list of
these specifically cited compliance related documents for this grant.
Title IV-D of the Social Security Act
http://www. ss a. go v/OP om eis sact/titl e04/0 4 00 han
Department of Health and Human Services Office of Child Support Enforcement, Administration for
Children and Families (45 CFR Part 300 — 399)
hap ://www. acc es s • gpo gov/nara/c fr/wai sidx 05/4 5 cfrv2 0 5.11tral
Department of Health and Human Services Uniform Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Tribal Governments (45 CFR Part 92)
http_Wwww.access g-po go vinaralefr/wais dx 0514 5 cfr9 2 0 5 .1-rtral
Department of Health and Human Services General Administration — Grant Programs (45 CFR Part 95)
han://www.acc e ss gp o. govinaralcfr/wai s id x_O 5/4 5 cfr9 05 .htnil
Contract # CSPA13-63002 Date: 08/27/2012
Contract/Grant No: CSPA13-63002
Total Contract Amount: $ 5,531,462.00
Net Budget Amount: $ 8,381,002.00
County; Oakland
Method of Payment: Monthly Reimbursement
AGREEMENT
between
Michigan Department of Human Services County Of Oakland (hereinafter referred to
(hereinafter referred to as "DHS") &
235 South Grand Ave
PO Box 30037
Lansing MI 48909
as the "Contractor")
1200 North Telegraph Road
Pontiac, Mi 48341
This Agreement, effective October 1, 2012, through September 30, 2015,
is by and between DHS, the County Of Oakland, a public organization and the
Prosecuting Attorney (together referred to as the "Contractor").
I. CONTRACTOR DUTIES AND RESPONSIBILITIES
The Contractor shall establish paternity, obtain child support court orders or enforce all
child support orders for all actions over which it has jurisdiction.
The Contractor shall comply with all applicable requirements of the following (and any
amendments to the following), hereinafter referred to as "Title IV-D Standards", that
relate to establishing paternity or obtaining and enforcing support orders:
• U.S. Code Title 42, Chapter 7, subchapter IV, Part D
• 45 Code of Federal Regulations (CFR) Part 300 to 399
• 45 CFR Part 92
• 45 CFR Part 95
• 2 CFR Part 225 (OMB Circular A-87)
• Applicable Michigan Compiled Laws and Public Acts
• Applicable Michigan Court Rules
• Prosecuting Attorney Handbook
• Prosecuting Attorney Letters
• Michigan Department of Human Services Office of Child Support (hereinafter referred
to as OCS) IV-D Combined Manual
• Michigan IV-D Child Support Manual
• Michigan IV-D Memorandum (previously referred to as Action Transmittals)
• DHS issued policies and procedures
Contract :# CS PA13-63002 Date: 08/27/2012
The Contractor shall also comply with each fiscal year's applicable Child Support
Enforcement Program Grant's Terms and Conditions as posted to Mi-support
(http://10.42.125.27/Central Activities/Contracts/Child Support Enforcement Program
Grant's Terms and Conditions).
The contractor shall use the automated Michigan Child Support Enforcement System
(hereinafter referred to as MiCSES System).
A. Email Address
The Contractor authorizes OHS to use the contact information below to send
Agreement related notifications/information. The Contractor shall provide OHS with
updated contact information if it changes.
Contact email address: cased@oakgov.com
B. Establishment Services
The Contractor shall:
1. Perform locate actions when necessary.
2. Cooperate with other states in establishment services and enforcement of
child support orders.
3. Maintain the following administrative processes:
a. Safeguarding of Information
In addition to and or in conjunction with any other safeguarding of
information requirements associated with this Agreement, in
performance of this contract, the contractor agrees to comply with
and assume responsibility for compliance by his or her employees
with the following IRS requirements:
(1) All work will be done under the supervision of the contractor or
the contractor's employees,
(2) Any federal tax return or return information made available in any
format shall be used only for the purpose of carrying out the
provisions of this contract. Information contained in such material
will be treated as confidential and will not be divulged or made
known in any manner to any person except as may be necessary
in the performance of this contract.
(3) All federal tax return information will be accounted for upon
receipt and properly stored before, during, and after processing.
In addition, all related output will be given the same level of
protection as required for the source material.
Contract # CSPA13-63002 Date: 08/27/2012
(4) The contractor certifies that all IRS data processed during the
performance of this contract will be completely purged from all
data storage components of his or her computer facility, and no
output will be retained by the contractor at the time the work is
completed. If immediate purging of all data storage components
is not possible, the contractor certifies that any IRS data
remaining in any storage component will be safeguarded to
prevent unauthorized disclosures.
(5) The contractor will be responsible for the destruction of the
spoilage or any intermediate hard copy printouts, and will provide
the agency or his or her designee with a statement containing
the date of destruction, description of material destroyed, and the
method used.
(8) All computer systems processing, storing, or transmitting Federal
tax information must meet the requirements defined in IRS
Publication 1075. To meet functional and assurance
requirements, the security features of the environment must
provide for the managerial, operational, and technical controls,
All security features must be available and activated to protect
against unauthorized use of and access to Federal tax
information.
(7) The contractor will maintain a list of employees authorized
access. Such list will be provided to the agency and, upon
request, to the IRS reviewing office.
(8) The agency will have the right to void the contract if the
contractor fails to provide the safeguards described above.
b. Records Maintenance
4. For the purpose of annual title IV-D Self-Assessment readings, allow DHS
and its identified agents access to:
a. Central system case records;
b. Paper case records; and
C. MiCSES System and PAAM IV-D electronic case records.
5. Ensure that establishment functions of this Agreement are performed,
including but not limited to:
a. the timely assignment of paternity and support establishment cases;
and
b. proper management of the preparation of activity and financial
reports.
6. Make IV-D services available to all eligible persons, in the exercise of the
prosecutorial duties.
7. Make all reasonable efforts to establish paternity and secure orders as
Contract # CSPA13-63002 Date: 08127/2012
needed for the establishment of court ordered child support for children born
in or out of wedlock as provided by law.
8. At their discretion, engage in prosecution of felony non-support cases.
C. Reports
The Contractor shall prepare, complete and submit the following reports (in the
cycle indicated) to the unit named.
DHS-286 - Title IV-D Cooperative Reimbursement Expenditure
1. Form: Report, including the following supporting documentation;
Personnel Expense Report.
• cle Due by the thirtieth (30th) day after month of service
I To
Michigan Department of Human Services Submitted through
1 EGrAMS or its successor unless otherwise instructed by OCS
2. 1Form: OCS Tax Data Confidentiality Questionnaire
Cycle !Due annually by January 31
Tn: Michigan Department of Human Services Submitted through
IEGrAMS or its successor unless otherwise instructed by OCS
Criminal Background Check Plan Update/Notification of 13
I - Completion
Due annually by July 30, until such time as the Contractor
Cycle provides notification in its Criminal Background Check report
I that the plan has been fully implemented.
To
Michigan Department of Human Services Contract Manager,
Office of Child Support
D. Client Grievance System
The Contractor shall have a written office grievance system which provides the
opportunity to seek relief for those who believe they have not received services
required by the IV-D program, or believe the services they have received are not in
accordance with IV-D regulations, information about the grievance system shall be
provided to clients or DHS upon request.
E. Budget
The Contractor shall submit a budget for each of the following fiscal year periods:
Fiscal Year
October 1,2012 through September 30, 2013
October 1,2013 through September 30, 2014
October 1,2014 through September 30, 2015
1.
Contract # CSPA13-63002 Date: 08127/2012
The attached budgets are hereby made a part of this Agreement. The
Contractor certifies that the budgets have been prepared in accordance with
the instructions provided by DHS. The budgets details the amount and object
of expenditures for which the Contractor shall use funds paid under this
Agreement. The Contractor is authorized to expend funds for only those items
indicated in the budgets that are allowable, properly allocated and reasonable
as defined in the instructions. The Contractor shall follow and adhere to each
fiscal year's budget.
a. However, expenditures up to a 5% increase or $3,000, whichever is
less, above the direct cost line item budget categories are permissible
provided the sum of all expenditures does not exceed the total
amount of the fiscal year's budget.
2. The Contractor must submit a budget revision request through EGrAMS or its
successor unless otherwise instructed by OCS and obtain prior approval from
OHS to increase any line item by more than 5% or $3,000, whichever is less,
or decrease line items in a fiscal year's budget. The increase or decrease of
line items in the budget must stay within the originally approved fiscal year
budget total. Budget revision requests must be submitted in accordance with
Michigan IV-D Action Transmittal 2008-027 or its successors.
a. The request for OHS' approval must contain sufficient information to
allow OHS to identify which budget line items are to be increased,
which line items are to be decreased; the reason for the change and
the programmatic impact of the budget changes. If the budget
changes stay within the originally approved budget total, the request
shall be submitted as a line item transfer. A request that increases
the originally approved budget shall be submitted as an amendment
as described under Section I.E.3. of this Agreement.
ft The due-date to submit a line item transfer request and/or
amendment to DHS is 90 days prior to the end date of the
Agreement.
c. OCS is authorized to approve line item transfers. OCS shall review
and provide a response to line item transfer requests within 30 days
of receipt.
3. If review of the Contractor's financial records indicates costs are projected to
exceed an approved fiscal year's budget, the Contractor is required to submit
an amendment request through EGrAMS (or its successor) for that fiscal year,
unless otherwise instructed by OCS. The due-date or submission of this
request is 90 days prior to the end-date of the fiscal year period. OHS shall
provide a response to budget amendment requests within 30 days of receipt.
Contract # CSPA13-63002 Date: 08/27/2012
4. Actual costs include the cost of fringe benefits provided for contract
employees billed under this Agreement. The fringe benefits billed must be
proportional to the time the employees are engaged in IV-D reimbursable
activities. Further, those fringe benefits shall be no greater than fringe benefits
provided to similar Non-IV-D employees. Fringe benefits may include
longevity, vacation, personal leave, holiday, sick leave, medical, dental,
optical, life insurance, disability insurance, retirement, social security, workers
compensation, and unemployment insurance.
5. If any staff funded in part or whole by !V-D funds do not work full-time on !V-D
matters, detailed time-records in the form of personal activity reports (PAR)
for such employees are required to document the amount of time spent on
reimbursable activities.
F. Billing Procedure
The Contractor shall submit monthly to OHS, a DHS 286 "Title IV-D Cooperative
Reimbursement Expenditure Report" detailing program-related expenditures. The
DHS-286 shall be submitted to DHS within 30 days from the end of the monthly
billing period. For the month of September, DHS-286 reports shall be submitted as
directed by DHS to meet fiscal year-end closing deadlines. At its discretion, OHS
may not make payment to the Contractor for billings submitted more than 60 days
after the end of a billing period.
The Contractor cannot charge OHS more for a provision of service than is charged
to other entities for whom the Contractor provides services.
Costs incurred outside of the term of this Agreement shall not be eligible for
reimbursement.
G. Sub-recipient Relationship
This Agreement constitutes a sub-recipient relationship with DHS. The Contractor
is required to comply with all federal regulations that relate 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.
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 Program Title CFDA# FFP°/0
Title IV-D Reimbursement (State Share on the DHS-286) 93.563 100°/0
Title IV-D Incentive Payment 93.563 100%
Contract # CSPA13-63002 Date: 08/2712012
Note: The Federal Program "TITLE IV-D Reimbursement (State Share on the
OHS-286)" refers to the OHS reimbursement of amounts billed to OHS on the
DHS-286 and identified as the State Share (IV-D). OHS reimburses 66% of the
amounts billed. The entire amount reimbursed and identified as the State Share
(IV-D) is federal funding, therefore, the above table uses 100%. The Federal
Program "TITLE IV-D, Incentive Payment" is 100% federal funding. Any amount
identified as State GF/GP is not federal funding (0% FFP).
OHS will implement any changes made by the federal government to 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 (unless notified otherwise by the OHS Office of
Logistics and Rate Setting).
The Contractor shall consult the following website address to obtain CFDA
numbers, payments, and other audit information:
http://wwvi,i.mdhs.state.mi.usloia/cfga-ffp-new.asp
H. Reporting Requirements
The Contractor must immediately report to the OHS Office of Monitoring and
Internal Controls 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 Controls at the
address that follows and in accordance with the time frame established in the
Circular.
The reporting package includes:
1 . Financial statements and schedule of expenditures of federal awards
2 - Summary schedule of prior audit findings
3. Auditor's report(s)
4. Corrective action plan if applicable
I. Audit Transmittal Letter
The Contractor is responsible to identify in the audit transmittal letter all
organizations it operates that administer OHS sub-recipient programs and the
different names the Contractor may use to enter into an Agreement with DHS. The
Contractor is responsible for proper completion and submission of the audit
transmittal letter. This letter, to be accurately processed by DHS, must include the
following information:
1 . The Contractor's name as reported in the OHS Agreement(s).
Contract # CSPA13-63002 Date: 08/27/2012
2. The Contractor's Federal Identification Number(s) as reported in the DHS
Agreement(s).
3. The 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 Contractor's 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 faxed to (517) 373-8771.
Mailing address for all information:
Michigan Department of Human Services
Office of Monitoring and Internal Controls
Grand Tower Suite 1112
PO Box 30037
Lansing, MI 48909
If the Contractor is a sub-recipient of OHS, 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 Controls stating 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.
J. Audit Cost
Cost of 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 DHS 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 Circular A-133) of the
single audit report and/or audit transmittal letter is considered noncompliance with
this section and may be grounds to impose sanctions.
K. 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 federal awards until the audit is completed
satisfactorily.
1.
2.
Contract # CSPA13-63002 Date: 08/27/2012
2. Withholding or disallowing overhead costs.
3. Suspending federal awards until the audit is conducted.
4. Terminating the federal award.
5. Recouping all federal payments made to the Contractor under this or any
other agreements between OHS and the Contractor.
L. Fiscal Requirements
The Contractor shall install and maintain an accounting system to identify and
support all expenditures billed to DHS under this Agreement. The accounting
system must record all income and expenses for the Contractor's total program of
which services provided under this Agreement are a part. The accounting system,
as a minimum, shall consist of a chart of accounts, cash receipts journal, cash
disbursements journal, and general ledger. All expenditures and income must be
supported by vouchers and receipts that detail the reason for the transaction.
The Contractor shall maintain, within the accounting system, salary and fringe
benefits accounts that break out positions, hospitalization, retirement, workers'
compensation and other fringe benefits. The Contractor shall establish and
maintain payroll records for all employees. The Contractor shall maintain payroll
records to support amounts billed to DHS in accordance with the federal
timekeeping requirements described in the applicable 2 CFR Part 230 (OMB
Circular A-122), or 2 CFR Part 225 (OMB Circular A-87), or as codified in the
Code of Federal Regulations.
M. Criminal Background Check
As a condition of this Agreement, the Contractor certifies that, prior to hiring, the
Contractor shall conduct or cause to be conducted:
For each applicant for employment, who works directly with clients under this
Agreement, or who has access to client information, either an Internet
Criminal History Access Tool (ICHAT) check, or an alternative background
check approved in writing by OCS that would be more in depth or
comprehensive than that provided by ICHAT. Information about ICHAT can
be found at http://apps.michigan.govlichat OCS will consider a written
request from the Contractor for approval to use an alternative criminal
background check methodology. Requests must be submitted and approved
prior to implementation and must include detailed description of the method
and rationale for why it meets or exceeds the end product provided by ICHAT.
For each applicant for employment, who works directly with children under
this Agreement, a Central Registry (CR) check.
Contract # CSPA13-63002 Date: 08127/2012
The Contractor further certifies that the plan, that was required to be submitted to
OCS no later than September 30, 2009, which describes a process and timeline
for completion of the ICHAT and CR background checks for all existing
employees, subcontractors, subcontractor employees, or volunteers, was
implemented as required. The Contractor shall report the progress related to each
task Outlined in the plan no later than July 30 of each contract year, until such time
as the Contractor provides notification in its report that the plan has been fully
implemented.
N. Support of Wages Charged on the Statement of Expenditures
Upon request of OHS, the Contractor shall submit employee activity sheets to
support the amount of wages charged on the Title IV-D Cooperative
Reimbursement Expenditure Report. DHS will identify a specific Title IV-D
Cooperative Reimbursement Expenditure Report and request the Contractor to
submit all employee activity sheets for employees who were charged in whole or in
part to OHS, along with any other schedules or workpapers necessary to support
the amount of wages charged, in accordance with the appropriate federal circular.
The Contractor shall provide the requested information no later than 10 days after
the request. If, after review of the information, DHS determines that the Contractor
is in substantial compliance with documentation requirements related to
compensation, OHS will communicate with the Contactor that no further action is
necessary. in the event the Contractor cannot support the amount of wages
charged on the Title IV-D Cooperative Reimbursement Expenditure Report, DHS
may, at its discretion, request recoupment for the difference between the amount
charged and the amount that can be supported by the activity sheets.
0. Federal Guidelines for Use of Federal Funds
Contract # CSPA13-83002 Date: 08/27/2012
In order for DHS to comply with the Federal Funding Accountability and
Transparency Act (FFATA), the contractor shall provide the following information:
The names and total compensation of the five most highly compensated officers of
the entity if the entity in the preceding fiscal year received 80 percent or more of its
annual gross revenues in federal awards; and $25,000,000 or more in annual
gross revenues from federal awards; and the public does not have access to this
'information about the compensation of the senior executives of the entity through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act
of 19'34 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104- of the Internal Revenue
Code of 1986. See FFATA § 2(b)(1).
The information may be mailed to the address below or FAX to (517) 335-6390.
Michigan Department of Human Services
Office of Logistics and Rate Setting
Grand Tower Suite 1201
PO Box 30037
Lansing, MI 48909
II. DHS DUTIES AND RESPONSIBILITIES
A. Program Administration
DHS, as a recipient of Federal Financial Assistance, shall administer the Title IV-D
program in Michigan, and shall maintain the approved Title IV-D State Plan
consistent with federal requirements. OHS shall also distribute program
regulations, forms, and instructions to the Contractor through the:
• Prosecuting Attorney Handbook
• Prosecuting Attorney Letters
• OCS IV-D Combined Manual
• Michigan IV-D Child Support Manual
• Michigan IV-D Memorandum (previously referred to as Action Transmittals)
• MI-Support Website.
B. Payment
OHS will provide timely processing of all claims for expenditure
reimbursement in accordance with state regulations implementing § 2, Public
Act 279 of 1984. DHS shall complete its processing of payments to the
Contractor within 45 calendar days after receipt of the Contractor's monthly
DHS-286. Payments shall be made in accordance with each fiscal year
budget attached to and made part of this Agreement. Processing and
payment may be delayed to the next available cycle for any DHS-286
submitted after the due date.
1.
Contract # CSPA13-63002 Date: 08/27/2012
2. DHS reserves the right to defer or disallow payment of any claim submitted by
the Contractor for failure to document and provide any required paper or
electronic records, statistics, or reports to DHS as required by this Agreement
or as are required by applicable state statutes or federal regulations, provided
that such requests are within the capacity of the Contractor to obtain. DHS
must provide the Contractor with 30 days notice of such an action as well as
the Contractor's right to appeal that decision.
C. Program Compliance Monitoring and Evaluation
1. DHS shall monitor and evaluate Contractor performance for compliance with
Title IV-D standards, all Contractor duties and responsibilities, as identified in
§ I of this Agreement, Contractor Duties and Responsibilities, and all other
terms set forth in this Aoreement. DHS shall provide access to all federal
reporting. DHS agrees to provide the Contractor with quarterly performance
data no later than 30 business days after the close of each quarter.
2. DHS shall conduct an annual self-assessment review to evaluate its IV-D
program to determine if federal requirements are being met and to provide an
annual report to the Secretary of the Department of Health and Human
Services on the findings.
0, Maximum Amount of Agreement
The total maximum amount DHS agrees to pay the Contractor for services
performed during the fiscal period of October 1, 2012 through September 30, 2015
as defined by the terms of the Agreement is Five Million Five Hundred Thirty One
Thousand Four Hundred Sixty Two and 00/100 dollars ($ 5,531,462.00).
E. Additional Funding
DHS shall notify the Contractor of additional funding availability associated with
this Agreement through a Notice of Funds Available (NFA), DHS-256. The NFA
shall be signed by DHS and incorporated by reference into this Agreement unless
the Contractor sends written notice of disagreement with the terms specified in the
NFA within 14 days of its receipt. DHS hereby agrees to pay the Contractor an
amount not to exceed the amount identified in the NFA for activities performed
under this Agreement exclusively during the fiscal period of the NFA.
III. GENERA' PROVISIONS
A. Conclusion, Termination, and Cancellation Terms
1. DHS' Source of Funds-Termination
OHS' 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.
Contract ft CSPA13-63002 Date: 08/27/2012
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 OHS, funding becomes unavailable for this service or such funds
are restricted.
2. Cancellation of Agreement
DHS may cancel this Agreement upon 30 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 state to obtain a contract or favorable treatment
under a contract. By signing this Agreement, the Contractor hereby certifies to
the best of its knowledge 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 30 days prior to the date of cancellation; in the event of
such cancellation, DHS may procure the services from other sources. The
Contractor may terminate this Agreement upon 30 days written notice to OHS
at any time prior to the completion of the Agreement period.
In case of default by the Contractor, DHS may immediately cancel this
Agreement without further liability to DHS or its employees, and procure the
services from other sources
In addition, DHS may immediately cancel this Agreement without further
liability to OHS 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 offense
including but not limited to any of the following: embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property,
attempting to influence a public 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
Contract # CSPA13-63002 Date: 08/27/2012
DHS may, at any time, by written stop work order to the Contractor, require
that the Contractor stop al!, or any part, of the work called for by the
Agreement for a period of up to 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 steps to minimize the incurrence of costs
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 Contractor's cost
properly allocable to the performance of any part of this Agreement; and (b)
the Contractor asserts its right to an equitable adjustment within 30 calendar
days after the end of the period of work stoppage, provided that, if DHS
decides the facts justifY the action, OHS may receive and act upon a
Contractor hiliing submitted at any time before final payment under the
Agreement.
B. Closeout Responsibilities
1. Closeout
When this Agreement is concluded or terminated, for any reason, the
Contractor shall provide DHS, within 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 DNS any payments or funds advanced to the
Contractor in excess of allowable reimbursable expenditures.
2. Fixed Assets
DHS 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. Fixed asset costs billed to DHS 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 OHS
Contract # CSPA13-63002 Date: 08/27/2012
At least 60 days prior to the end date of this Agreement (which includes
cancellation of the Agreement) the Contractor shall report to OHS 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 purchased under this Agreement
in whole or part, may occur without the express written consent of OHS.
3. Continuing Responsibilities
Termination, conclusion, or cancellation of this Agreement shall not be
construed as terminating the ongoing responsibilities of the Contractor or
rights of OHS contained in Section III, "Examination and Maintenance of
Records" and Section III, "Closeout" of this Agreement.
C. Compliance with Rules and Regulations
1. Compliance with Federal and State Requirements
The Contractor shall comply with all federal, state and local statutes,
regulations and administrative rules, and any amendments thereto, as they
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,
provisions stated within the Catalog of Federal Domestic Assistance (CFDA),
and state and federal laws and other rules and regulations related to this
funding source that occur over the term of the Agreement.
The Contractor shall comply with all Federal Office 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, Relocated to 2 CFR, Part 225
• 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
Contract # CSPA13-63002 Date: 08/27/202
Employees of the contractor and any subcontractor (all employees), working
under this contract, must be legally present to work in the United States. The
contractor shall determine the eligibility status of all employees using the U.S.
Department of Homeland Security E-verify system
(http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a
7543f6d1a/?vgnextoid=75bce2e261405110VgnVCM1000004718190aRCRD
&vgnextchanne1=75bce2e261405110VgnVCM1000004718190aRCRD). The
contractor shall provide a certification indicating that (1) employee eligibility
status was verified through the U.S. Department of Homeland Security E-
verify system and (2) an employees \ivorking unuer this contract are legally
present to work in the United States.
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.
3. 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 Title VI and VII of the Civil Rights Act, 42 USC 2000d et
seq., and the Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq.
The Contractor shall also comply with the provisions of:
• The Americans with Disabilities Act of 1990, 42 USC 12101 et seq.
• The Michigan Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq.
• Section 504 of the Federal Rehabilitation Act of 1973, 29 USC 791 et seq.,
which states that no employee or client or 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.
• HIPAA regulations at 42 CFR Part 160 and Part 164.
4. Freedom of Information Act
Contract # CSPA13-63002 Date: 08/27/2012
All information in this Agreement is subject to the provisions of the Freedom
of Information Act. 1976 Public Act 442, as amended, MCL 15.231, et seq.
5. Prohibition against Using Funds to Support Religious Activities
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 proselytization. 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 participation must be
voluntary for the beneficiaries of the state or federally funded programs or
services
The Contractor shall strictly adhere to provisions of federal law and regulation,
including those found in 42 USC 604a.
D. Fees and Other Sources of Funding
The Contractor guarantees that any claims made to OHS 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 DNS the greater of either the fee amounts, or
the actual costs of the services provided.
The Contractor may not accept reimbursement from a client unless the Agreement
specifically authorizes such reimbursement in the "Contractor Responsibility"
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
DHS.
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 supplemental billing is allowed.
E. Confidentiality
Contract # CSPA13-63002 Date: 08127/2012
The Contractor and the state of Michigan (hereinafter referred to as the state)
each acknowledge that the other possesses and will continue to possess
confidential information that has been developed or received by it. 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, proprietary 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 state. Confidential information includes
information made privileged or confidential under federal and state laws and
excludes any information (including this Agreement) that is publicly available
under the Michigan Freedom Of Information Act.
Contract # CSPA13-63002 Date: 08/2712012
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, and shall send copies of said books, records or other documents to DHS
upon request. Federal auditors and any persons duly authorized by DHS 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 six-year period and
extends past that period, all documents shall be maintained until the audit is
completed. DHS shall provide findings and recommendations of audits to the
Contractor. DHS 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 DHS within 60 days notice by OHS. 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 documents for any unexpired portion of the six-year period after
final payment under this Agreement or the Contractor shall otherwise maintain
said records as DHS may direct. If business operations cease, the Contractor shall
maintain records as DHS 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 DHS. The Contractor shall also
comply with all reporting procedures established by OHS in completion of
progress reports at time intervals, on forms, in formats, and by means
specified by OHS. In particular, reports or billing documents denoting event
dates shall record month, day and year as specified by OHS. In all electronic
filings, four digits shall be used to designate year. Any additional reports as
deemed necessary by OHS shall be made and submitted by the Contractor
upon request.
2. Monitoring Requirements
Contract # CSPA13-63002 Date: 08/27/2012
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 state will (i) make any use of
the confidential information of the other except as contemplated by this
Agreement, (H) acquire any right in or assert any lien against the confidential
information of the other, or (Hi) 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 part)i'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 permissible
where (A) use of a subcontractor is authorized under this Agreement, (B) the
disclosure is necessary or otherwise naturally occurs in connection with 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 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
Contract # CSPA13-63002 Date: 08/27/2012
OHS reserves the right to perform scheduled and unscheduled on-site visits
during normal business hours, to monitor the Contractor's activities under this
Agreement at any time, either during the term, or within three years after
termination of the Agreement. The Contractor shall cooperate with OHS
during the monitoring process by making available all records, facilities, and
other resources necessary to perform the review.
If OHS 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 Contractor with
a detailed written report of these findings within 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 Contractor shall submit the CAP to OHS within 60
days from issuance of OHS' report.
If DHS identifies questioned costs that cannot be substantiated, DHS may,
its discretion, and after consultation with the Contractor, require the
Contractor to submit a revised Title IV-D Cooperative Reimbursement
Expenditure Report to reflect adjustment for disallowed costs. Submission of
revised billings to OHS shall be made within a time schedule established by
OHS and the Contractor. If the Contractor fails to comply with monitoring
requirements as set forth in this Agreement, and within allotted time frames
mutually established, OHS 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 Controls within 10 days from the
date of the audit report. The submission of this audit report to 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
DHS Office of Monitoring and Internal Controls no later than 25 days from the
date of the audit report issued by the audit firm. The financial plan must be
approved by DHS. Failure of the Contractor to either timely submit the audit
report with the Going Concern, or timely submit a financial plan, or OHS'
rejection of the Contractor's financial plan, are grounds for immediately
terminating this Agreement.
Contract # CSPA13-63002 Date: 08/27/2012
Mailing address for all audit information:
Michigan Department of Human Services
Office of Monitoring and Internal Controls
Grand Tower Suite 1112
PO Box 30037
Lansing, MI 48909
H. Recoupment of Funding and Repayment of Debts.
1. Recoupment of Funding
If the Contractor fails to comply with requirements as set forth in this
Agreement, or fails to submit a revised Title IV-D Cooperative Reimbursement
Expenditure Report within allotted time frames established by DHS in
consultation with the Contractor, DHS 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 DHS that repayment is required, the Contractor shall
make payment directly to OHS within 30 days or DHS may withhold current or
future payments made under this or any other agreements, current or future,
between DHS and the Contractor.
If the Contractor fails to: (1) correct noncompliance activities identified by
OHS, (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 OHS'
agreements with the Contractor. OHS shall also report noncompliance of the
Contractor to Michigan's Department of Technology, Management and
Budget. Such report may result in the Contractor's debarment from further
contracts with the state of Michigan.
2. Repayment of Debts and Other Amounts due DHS
By entering into this Agreement, the Contractor agrees to honor all prior
repayment agreements established by OHS with the Contractor or
Contractor's predecessors. If the Contractor has an outstanding debt due to
OHS but does not have a repayment agreement, the Contractor agrees to
make monthly payments to DHS at an amount not less than 5% of any
outstanding balance and to begin on the date this Agreement is executed.
Contract # CSPA13-63002 Date: 08/2712012
If the Contractor 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 administrative 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.
I. Publication - Approval and Copyright
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
statements 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 OHS. No
results of the activities associated with the Agreement are to be released without
prior written approval of OHS and then only to persons designated.
Subcontracts
The Contractor shall not assign this Agreement or subcontract this Agreement to
other parties without obtaining prior written approval of the OHS Office of Logistics
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 the Contractor is a subrecipient and creates a subrecipient through
subcontracting, the Contractor must monitor the subcontractor to ensure
compliance with federal requirements.
Contract # CSPA13-63002 Date: 08/27/2012
If subcontracting, the Contractor must obligate the subcontractors to maintain the
confidentiality of OHS' client information in conformance with state and federal
requirements. At OHS' request, any employee of the Contractor and of any
subcontractor having access or continued access to DHS' confidential information
may be required to execute an acknowledgment 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 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 DHS in writing of intent 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 90 days from the
date of such notification. Within this 90-day period, the Contractor, at the request
of OHS, must meet with the Director of OHS 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 15 days of hiring to DHS Office of Human Resources
(HR) the name, social security number, and work site of any state of Michigan
retiree under their employ. Failure to notify HR within the allotted time period may
result in the disallowance of all costs related to this Agreement up to the time the
proper notification is received by HR.
N. Certifications Regarding Lobbying
As required by section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the Contractor certifies to the best of its
knowledge 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.
Contract # CSPA13-63002 Date: 08/27/2012
2- If any funds other than federal appropriated funds have been paid 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 its 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-
grants, contracts under grants and cooperative agreements, and
subcontracts) and that all sub-recipients shall certify and disclose accordingly.
0. Certification Regarding Debarment, Suspension, and Other Responsibility Matters
The Contractor certifies to the best of its knowledge 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.
2. Have not within a three-year period preceding this Agreement been convicted
of or had civil judgment rendered 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 contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification 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,
th6tontractor 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.
Contract # CSPA13-63002 Date: 08/27/2012
All notices shall be provided in writing to DHS within 15 business days after the
Contractor learns about any such criminal or civil investigations and within 15 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
years, the Contractor has not;
1. Failed to substantially perform a state contract or subcontract according 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.
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 Regarding Debarment,
Suspension, and Other Responsibility Matters) language as written above in all
subcontracts with other parties,
The Contractor shall require each primary subcontractor, whose subcontract will
exceed $25,000, to disclose to the Contractor, in writing, 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 state of Michigan. The
Contractor shall then inform DHS of the subcontractor's status and reasons for the
Contractor's 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, DHS 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 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 years. After the debarment period expires, the Contractor may reapply
for inclusion on bidder lists through the regular application process by authority of
Executive Order 2003-1.
Contract # CSPA13-63002 Date: 08/27/2012
P. Governing Law
This Agreement shall in all respects be governed by, and construed in accordance
with, the laws of the state of Michigan. Any dispute arising herein shall be resolved
in the state of Michigan.
Q. Severability
Each provision of this Agreement shall be deemed to be severable from all other
provisions of this Agreement and, if one or more of the provisions of this
Agreement shall be declared invalid, the remaining provisions of this Agreement
shall remain in full force and effect.
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
DHS, due to the revision of federal or state laws or regulations. If the
Contractor refuses to sign such amendment within 15 days after receipt, this
Agreement shall terminate upon such refusal. This Agreement may otherwise
be amended only by the written consent of all the parties hereto.
2. Agreement Changes
a. If OHS requests or directs the Contractor to provide any
deliverable(s) that the Contractor believes are outside the scope of
the Contractor's responsibilities under this Agreement, the Contractor
must notify DHS before performing the requested activities. If the
Contractor fails to notify OHS, any activities performed will be
considered in-scope and not entitled to additional compensation or
time. If the Contractor begins work outside the scope of this
Agreement and then ceases performing that work, the Contractor
must, at the request of DHS, retract any out-of-scope work that would
adversely affect this Agreement.
b. OHS or the Contractor may propose changes to this Agreement. If
the Contractor or DHS requests a change to the deliverable(s) or if
DHS requests additional deliverable(s), the Contractor must provide a
detailed outline of all work to be done, including tasks, timeframes,
listing of key personnel assigned, estimated hours for each individual
per deliverable, and a complete and detailed cost justification. If the
parties agree on the proposed change, DHS will prepare and issue
an amendment that describes the change, its effects on the
deliverable(s), and any affected components of this Agreement.
c. No proposed change may be performed until OHS issues a duly
executed amendment for the proposed change.
S. Options to Renew
Contract # CSPA13-63002 Date: 08/2712012
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 two additional one-year periods.
T. Notice and Right to Cure
If the Contractor breaches this Agreement, and DHS, in its sole discretion,
determines that the breach is curable, then DHS 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 DHS determines, in its sole discretion, that the breach
poses a serious and imminent threat to the health and safety of any person or the
imminent loss, damage, or destruction of any real or tangible personal property.
Contract # CSPA13-63002 Date: 08/2712012
The undersigned have the lawful authority to bind the Contractor and DHS to the terms
set forth in this Agreement.
Dated at , MICHIGAN
This day of By:
County Of Oakland Prosecuting
Attorney
Dated at , MICHIGAN County Of Oakland
(Contractor)
This day of By:
(Chairperson, County Board of
Commissioners)
Dated at MICHIGAN Department of Human Services
This day of
Director or Designee
Contract #: CSPA13-63002
By:
Contract # CSPA13-63002 Date: 08/27/2012
A, CONTRACT DESCRIPTION
COUNTY: Oakland
PROVIDER:
FISCAL YEAR: 2013
CONTRACT NO: CS/ CSPA13-63002
! FOC PA P' COM
AMENDMENT LINE ITEM TRANSFER
COLUMN I COLUMN II COLUMN III COLUMN IV COLUMN V
Current Adjustment Revised Provider's
2013 To 2013 2013 Total
Allocation Factors IV-D Budget IV-D Budget IV-D Budget Eligible Budget
'SECTION B 1
,1 0' 001 1. FTF Positions 23.50 0.001
1 23.50!
-. % of Total FTE 100,00 0.00 0.00 100.00!
3. Caseload % (FCC, COM) 100.00 0.00 0.00 100.00!
Current Adjustment Revisedl Provider's
2013 To 2013 2013 Total
Budget Categories IV-D Budget IV-D Budget IV-D Budget Eligible Budget
SECTION C
1. Personnel 2,165,529.99 0.00 0.00 2,185,529.991
2. Data Processing 21,000.00 0.00 0.00 21,000.00!
3. Other Direct 327,210.00 0.00 0.00 327,210.00,
4. Central Services 179,602.16 0.00 0.00 179,602.16!
.5. Paternity Testing 500.00 0.00 0.00 500.001
i 16. TOTAL EXPENDITURES 2,713,842.15 0.00 0.00 2,713,842.15,1
I
7
.
Service Fees 0.00 0.00 0.00 0.001
I, ! i 6. Final judornent Fees 0.00 0.00 0.00 0.00! ,
9. Other Income 1 1,750.00 0.00 0.00 1,750.001
10. SUB TOTAL 2,712,092.15 0.00 0.00 2,712,092.15
11. Federal Incentives 0.00 0.00, 0.00 0.00 s
12. NET BUDGET 2,712,092.00 0.00 0.00 2,712,092.15
13. County Share @ 34.00% I 922,111.00 0.00 0.00 0.00
14. State Share (IV-D) @ 66.00% 1 1,789,981.00 0.00 0.00 0.001
15. STATE GF/GP AMOUNT ! 0.00 0.00 0.00 0.00 j
TOTAL CONTRACT AMOUNT 1,789,981.00 0.00 0.00 0.001
Contract # CSPA13-63002 Date: 08/27/2012
A. CONTRACT DESCRIPTION
COUNTY: Oakland
PROVIDER:
FISCAL YEAR: 2014
CONTRACT NO: CS/ CSPA13-63002
FOC PA R; COM
AMENDMENT LINE ITEM TRANSFER
COLUMN I COLUMN ll COLUMN III COLUMN IV COLUMN V
Current Adjustment Revised Provider's
2014 To 2014 2014 Total
Allocation Factors IV-D Budget IV-D Budget IV-D Budget Eligible Budget
SECTION B
1 Li . FTF Positions 23.501 0.00 0.001 23.50
2. % of Total FTE 100.001 0.00 0.001 100.00
1 3. Caseload % (FOC, CO . 100.00 0.00 0.00 100.00
Current Adjustment Revised Provider's
2014 To 2014 2014 Total
Budget Categories IV-D Budget IV-D Budget IV-D Budget Eligible Budget
SECTION C
,1. Personnel 2,206,963.01 0.00 0.00 2,206,963.01
2. Data Processing 21,000.00 0.00 0.00 21,000.00 1
3. Other Direct 334,210.00 0.001 0.00 334,210.00'
1 4. Central Services 190,378.29 0.00 0.00, 190,378.29
15. Paternity Testing 500.00 0.00 0.00' 500.00
6. TOTAL EXPENDITURES 2,753,051.30 0.00 0.00 2,753,051.30
7. Service Fees 0.00 0.00 0.00 0.00
8. Final Judgment Fees 1 0.00 0.00i 0.00 0.00
19. Other Income F 1,750.00 0.001 0.00. i 10. SUB TOTAL 2,751,301.30 0.00 0.001 2,751,301.30
11. Federal Incentives 0.00 0.00 0.00 0.00
12, NET BUDGET 2,751,301.00 0.00 0.00 2,751,301.30
,13. County Share @ 34.00% 935,442.00 0.00, 0.00 0.00
, 14. State Share (IV-D) @ 66.00% ' 1,815,859.00 0.00i 0.00, 0,00
15. STATE GF/GP AMOUNT 0.00 0.00 0.00' 0.00
L TOTAL CONTRACT AMOUNT 1,815,859.001 0.00 0.00 0.00
Contract # CSPA13-63002 Date: 0812712012
A. CONTRACT DESCRIPTION
COUNTY: Oakland
PROVIDER:
FISCAL YEAR: 2015
CONTRACT NO: CS/ CSPA13-63002
FOC PA P; COM
AMENDMENT LINE ITEM TRANSFER_
COLUMN I COLUMN II COLUMN III COLUMN IV COLUMN '\/
Current Adjustment Revised Provider's
2015 To 2015 2015 Total
Allocation Factors IV-D Budget IV-D Budget IV-D Budget Eligible Budget ;SECTION B 1
1. FTE Positions ) ,r
z..-_,..,,r-Iu 0.00 0.00 23.501
2. % of Total FTE 100.00 0.00 0.00 100.00
3. Caseload °A (FOC, COM) 100.00 0.00 1 0.00 100.00
Currenti Adjustment Revised Provider's
2015 To 2015 2015 Total!
Budget Categories IV-D Budget IV-D Budget IV-D Budget Eligible Budge:1
iSECTION C
1. Personnel 2,359,847.99 0.00 0.00 l 2,359,847.99
2. Data Processing 21,000.00 0.00 0.00l 21,000.00
3. Other Direct 336,210.00 0.00 1
0.00; 336,210.00, ; 4. Central Services 201,800.99 0.00 0.001 201,800.99 ,
5. Paternity Testing 1 500.00 0.00 0.00 500.00 1
16. TOTAL EXPENDITURES 2,919,358.98 0.00 0.00 1 2,919,358.98
17. Service Fees
0.00 0.00 0.00i 0.00
; 18. Final Judgment Fees ; 0.00 0.00 0.001 0.001
9. Other Income 1 1,750.00 0.00 0.001 1,750.00
,10. SUB TOTAL 2,917,608.98 0.00 0.001 2,917,608.98 1 j11. Federal Incentives 0.00 0.00 0.001 0.00
112. NET BUDGET 2,917,609.00 0.00 0.001 2,917,608.98
113. County Share @ 34.00% , 991,987.00 0.00 0.00;1 0.00
14. State Share (IV-D) @ 66.00% 1,925,622.00 0.00 0.00 0.00
15. STATE GF/GP AMOUNT 1 0.00 0.00 0.00 0.00
TOTAL CONTRACT AMOUNT 1 , 1,925,622.001 0.00 0.00 0.00
($ 66,522)
66.522
$ -0-
$1,093,478
922,111
$2,015,589
FISCAL NOTE #12240 October 3, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROSECUTING ATTORNEY - FISCAL YEAR 2013 COOPERATIVE REIMBURSEMENT
PROGRAM (CRP) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Prosecuting Attorney is requesting the acceptance of a three year Cooperative
Reimbursement Program Grant for the period of October 1, 2012 through September 30,
2015. This is the 39th year of grant acceptance.
2. This three year contract acceptance with an annual fiscal year budget funding authorization
contains a provision for year-end amendments to adjust the grant award budget to the
Prosecuting Attorney's CRP actual cost.
3. The total three year grant award is $8,381,002.43: for FY 2013 the total grant award is
$2,712,092.15; FY 2014 is $2,751,301.30; and FY 2015 is $2,917,608.98
4. For FY 2013 the Federal contribution is $1,789,981 (66%) and the County match is $922,111
(34%).
5. In addition to the County match requirements, the County is expected to incur $177,852 in
administrative and support costs (Indirect Costs), which have been included in the Fiscal
Year 2013 Adopted Budget. This grant allows for recovery of those costs.
6. The FY 2013 grant match amount of $922,111 is included in the Fiscal Year 2013 Adopted
Budget Non-departmental grant match line item.
7. A budget amendment is requested to the Fiscal Year 2013 Adopted Budget as follows:
FY 2013 FY 2013
Amendment Amended
GENERAL FUND (#10100)
Expenditures
9090101-196030-730800 Grant Match
4010201-126070-788001-27315Transfers Out
Total General Fund Expenditures
FY 2013
Adopted
$1,160,000
855 589
$2,015,589
CRP GRANT FUND #27315
Revenues
4010201-126070-625210 CRP $1,777,670 $ 12,311 $1,789,981
4010201-126070-695500-10100Transfers In 915,769 6,342 922,111
Total Grant Revenue $2,693,439 $ 18,653 $2,712,092
Expenditures
4010201-126070-702010
4010201-126070-712020
4010201-126070-702140
4010201-126070-722740
4010201-126070-730163
4010201-126070-730303
4010201-126070-730338
4010201-126070-730688
4010201-126070-730695
4010201-126070-730926
4010201-126070-731213
4010201-126070-731241
4010201-126070-731339
4010201-126070-731346
4010201-126070-731388
4010201-126070-731458
Salaries
Overtime
Other Misc Salaries
Fringe Benefits
Blood Tests (Paternity)
Clothing Allowance
Computer Research Serv
Expert Witness Fees
Extradition Expense
Indirect Costs
Membership Dues
Miscellaneous
Periodicals Books Publ
Personal Mileage
Printing
Professional Services
$1,213,598 $ -0- $1,213,598
38,000 -0- 38,000
11,260 -0- 11,260
922,672 -0- 922,672
500 -0- 500
1,293 -0- 1,293
10,000 -0- 10,000
402 -0- 402
35,000 -0- 35,000
159,199 18,653 177,852
1,300 -0- 1,300
7,000 -0- 7,000
200 -0- 200
3,500 -0- 3,500
7,547 -0- 7,547
31,000 -0- 31,000
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long and Taub absent.
4010201-126070-731941 Training 1,500 -0- 1,500
4010201-126070-732018 Travel & Conference 7,000 -0- 7,000
4010201-126070-750154 Expendable Equipment 2,500 -0- 2,500
4010201-126070-750170 Other Expendable Equip 10,000 -0- 10,000
4010201-126070-750392 Metered Postage 38,000 -0- 38,000
4010201-126070-750399 Office Supplies 13,000 -0- 13,000
4010201-126070-770631 Building Space Cost 92,000 -0- 92,000
4010201-126070-770667 Convenience Copier 7,219 -0- 7,219
4010201-126070-774636 IT Operations 21,000 -0- 21,000
4010201-126070-774667 Insurance Fund 8,970 -0- 8,970
4010201-126070-776659 Motor Pool Fuel 6,500 -0- 6,500
4010201-126070-776661 Motor Pool 26,842 -0- 26,842
4010201-126070-777560 Radio Communications 2,000 -0 2,000
4010201-126070-778675 Telephone Communications 14,437 -0- 14,437
Total Grant Expenditures $2,693,439 $ 18,653 $ 2,712,092
FINANCE COMMITTEE
Resolution #12240 October 3, 2012
Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert,
Zack, Bosnic, Covey. (23)
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).
I NEFIEbY14-'Pf iOVE 11-;16 RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 3,
2012, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 31a day of October, 2012.
R,LEE L,LO- r,
Bill Bill Bullard Jr., Oakland County