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HomeMy WebLinkAboutResolutions - 2012.10.03 - 20555October 3, 2012 REPORT (MISC. #12251) BY: Human Resources Committee, John A. Scott, Chairperson RE: Friend of the Court — FY 2013 Cooperative Reimbursement Program (CRP) Grant Acceptance TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on September 24, 2012 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE HUMAN RESOURCES COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Weipert and Hatchett absent. October 3, 2012 MISCELLANEOUS RESOLUTION #12251 BY: PUBLIC SERVICES COMMITTEE, JIM RUNESTAD, CHAIRPERSON IN RE: FRIEND OF THE COURT — FY 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, Office of Child Support has approved the Oakland County Friend of the Court's Fiscal Year 2013 Title IV-D Cooperative Reimbursement Program (CRP) Contract; and WHEREAS this agreement is for three years beginning October 1,2012 through September 30, 2015. The agreement shall be amended each fiscal year beginning October 1,2013 through September 30, 2015 to authorize funding for subsequent fiscal years covered by the agreement; and WHEREAS the Cooperative Reimbursement Program partially reimburses all Friend of the Court positions and positions in the Sheriff's Office supporting the Friend of the Court (FOC); and WHEREAS per FY12 Budget amendment one (1) General Fund (GF/GP) part-time non-eligible 1,000 hours per year VVarrant Clerk position (#3010404-011247) was created effective 10/01/12 and one (1) Special Revenue (SR) full- time eligible Warrant Clerk position #02443 was transferred to the Sheriff's Office/ Investigative Office/Sheriff-Friend of the Court (4030925); and WHEREAS the FOC FY 2013 County Executive Recommended budget proposes to delete one (1) SR full-time Warrant Clerk position #4030925-02443 in the Sheriff's Office/ Investigative Office/Sheriff-Friend of the Court; and WHEREAS the FOC FY 2013 County Executive Recommended budget proposes to transfer one (1) GFIGP part- time non-eligible 1,000 hours per year Warrant Clerk position (#3010404-011247) to the Sheriff's Office/ Investigative Office/Sheriff-Friend of the Court (4030925) and funding changed to SR; WHEREAS the FY 2013 County Executive Recommended budget also proposes to delete one (1) SR part-time non-eligible 1,000 hours per year Office Assistant I position (#3010404-07971) in the Friend of the Court; and WHEREAS since the passage of the federal Deficit Reduction Act (DRA) in early 2006, federal law has not permitted the child support program to use federal incentives to draw down additional federal funding through the CRP program with the exception of one year; and WHEREAS with the American Recovery and Reinvestment Act of 2009, the FOG was permitted to include these expenditures within the CRP making them eligible for reimbursement for one year; and WHEREAS the FOG will receive an estimated $1,474,395 in federal incentives and the state is also expected to provide additional funds of $973,101 to supplement the cuts made with the DRA; and WHEREAS this agreement requires a grant cash match. The match is budgeted in the General Fund Non- departmental budget; and WHEREAS the Michigan Department of Human Services, Office of Child Support has awarded Oakland County's Friend of the Court grant funding of 314,696,527 of which $159,819 will be funded by fees collected; State CRP funds of $8,621,127; Oakland County grant match of $4,441,186 and Federal Incentive Funds of $1,474,395 for the period of October 1, 2012 through September 30, 2015; and WHEREAS acceptance of this contract does not obligate the County to any future commitment beyond FY 2015; and WHEREAS the contract has been approved by the County Executive's Review Process and The Board of Commissioner's Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Department of Human Service's Cooperative Reimbursement Program Agreement effective October 1, 2012 through September 30, 2015. BE IT FURTHER RESOLVED that the agreement shall be amended each fiscal year beginning October 1,2013 and through September 30, 2015, to authorize funding for subsequent fiscal years covered by the Department of Human Service's Cooperative Reimbursement Program Agreement. BE IT FURTHER RESOLVED that future levels of service, including personnel, are contingent upon the level of funding from the State for this program. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute this reimbursement agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the 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 Suzanne Hollyer INN-4 From: West, Catherine <westca@oakgov.com > Sent: Thursday, September 13, 2012 3;27 PM To: Hollyer, Suzanne; Falardeau, Nancy Subject: GRANT REVIEW SIGN OFF - Friend of the Court - FY 2013 Cooperative Reimbursement Program - Grant Acceptance Attachments: Grant Accept sign off pkg.pdf GRANT REVIEW SIGN OFF — Friend of the Court GRANT NAME: FY 2013 Cooperative Reimbursement Program FUNDING AGENCY: Michigan Office of Child Support DEPARTMENT CONTACT PERSON: Suzanne Hollyer 858 -0431 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 (8/29/2012) Risk Management and Safety: Approved. — Theresa Easterling (9/5/2012) Corporation Counsel: There appear to be no unresolved legal issues that require action at this time. - Karen P. .Agabinski (8/31/12) COMPLIANCE The grant agreement references a number of specific federal and/or 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.ssa.gov/OP Homeissact/iitle04/0400.htm Department of Health and Human Services Office of Child Support Enforcement, Administration for Children and Families (45 CFR Part 300 —399) http://www.access .. po.gov/nara/cfr/waisidx_ 05/45cfrv2, 05.html 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://www.access.gro.govinaralcfr/waisidx 05/45c1192 _05.1aml Department of Health and Human Services General Administration — Grant Programs (45 CFR Part 95) http://ww-w.access. po.uov/nara/cfriwaisidx ._05/45cfr95 05.html Federal Office of Management and Budget (OMB) Circular No. A-87. This Circular establishes principles and standards for determining costs for Federal awards carried out through grants, cost reimbursement contracts, and other agreements with State and local governments and federally recognized Indian tribal governments (governmental units). http://www.whitehouse.goN iomb/circulars/a087/a87 2004.htm1datta Friend of Court Act 294 of 1982 (IVICLA 552.501) http://legislature.mi.gov/doc.aspx?mcl-552-501 IRS Publication 1075 jittp ://www, irs. go v/pub/irs-pdflp1075.pdf Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations expending federal awards. hap ://www. wh itehouse.goviomb/c irculars/a133/a 1 33.html Catalog of Federal Domestic Assistance (CFDA) — (95.563 — Child Support Enforcement) https://www.cfda.gov/index?s=prograrn&mode —form&tab- stepl&id=bea918ff274ec64d4ce3808eb36f2e2f Cost Principles for Non-Profit Organizations (2 CFR Part 230) http://www. gpo.gov/fdsysisearchipa2,edetails.action?collectionCode —CFRSzscarchPath—Title+2&granuleId=&packaReid—CFR-2008- &oldPath—Title+2&fromPageDetails—true&collapse—true&ycord=0 Payments to Private Enterprises (Act 279 of 1984) littp://legislature.mi.gov/doc.aspx?mcl-Act-279-of-1984 Federal Office of Management and Budget (OMB) Circular No. A-102. This Circular establishes consistency and uniformity among Federal agencies in the management of grants and cooperative agreements with State, local, and tribal governments. tIttrE l/WW W. Wh ite'nouse.gov/ombicirculars/a102/a102.html Michigan Civil Service Rules and Regulations (Article XI, Section 5, Michigan Constitution) http://www.michigan.gov/ose/0,1607.7-143-16377--,00.html Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d) http://www.usdoi.govIcrticor/coordititlevistathtm Title VII of the Civil Rights Act of 1964 (P.L. 88-352) http://wwW.ecoc.gov/laws/statutes/index.cfm Michigan Elliott-Larsen Civil Rights Act (1976 P.A. 453) http://www.legislature.mi.gov/(S(eavsv4bizOrpdowylwbvly030)/mi1eg.aspx?page-2etobject&objectname —mcl-Act-453-of-1976 The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101) littp://frwebgate4_.access.gpo.govlegf-binlwaisgate.cgi?WAISdocID-42030427315+0+0 -LO&WAISaction=retrieve Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" hap://wwv,,,legislature.mi.v.ov/(uq31neltnri5z55z2uiwv45)/mileg.aspx?page=getobject&objectname—Incl-Act-220-of- 1976&queryid-14718589 The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) http://www.dol.gov/oasain/rcgs/statutes!secSO4 .htm 2 Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) http://www.cms.hhs. gov/IIIPAAGenInfo/Down loads/I IIPAAlawdetail.pdf Michigan — Freedom of Information Act 442 of 1976 (0.1CL 15.231) " http://www.1e0 slature. mi. govi( S (mxubn-35fl vb5ubavl cp3x0efl ))/ruileg.aspx?page—getObiect&objectNarne—mc1-15-231 Services provided by charitable, religious, or private organizations (42 USC 604a) http://frwebgate5.access.gpo.govicgi-birCwaisgate.c2i'AVAISdocID-993865208201 + 0 ' 01-0&WAISaction=retrieve Restrictions on Lobbying (28 CFR part 69) http://www.access.gpovvinara/cfr/waisidx 04/28cii-69_04.htm1 Government-Wide Debarment and Suspension (28 CFR, Part 67) htm://www.access.gpc.uov/nara/cfewaisidx 04/28cti-67 04.1=1 GRANT REVIEW SIGN OFF — Friend of the Court GRANT NAME: FY 2013 Cooperative Reimbursement Program FUNDING AGENCY: Michigan Office of Child Support DEPARTMENT CONTACT PERSON: Suzanne 1-10llyer 858-0431 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 (8/29/2012) Risk Management and Safety: Approved. — Theresa Easterling (9/5/2012) Corporation Counsel: There appear to be no unresolved legal issues that require action at this time. - Karen P. Agacinski (8/31/12) COMPLIANCE The grant agreement references a number of specific federal and/or 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.ssa.gov/OP_Home/ssact/tit1e04/0400.htm Department of Health and Human Services Office of Child Support Enforcement, Administration for Children and Families (45 CFR Part 300 —399) http://w w.access.gpo.gov/nara/cfr/waisidx_05/45cfrv2_05.html Department of Health and Human Services Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Tribal Governments (45 Clelt Part 92) http://www.access.gpo.gov/naraicfr/waisiclx _05/45cfr92_05.html Department of Health and Human Services General Administration — Grant Programs (45 CFR Part 95) http://www.access.gpo.gov/nara/cfr/waisidx_05/45cfr95_05.html Federal Office of Management and Budget (OMB) Circular No. A-87. This Circular establishes principles and standards for determining costs for Federal awards carried out through grants, cost reimbursement contracts, and other agreements with State and local governments and federally recognized Indian tribal governments (governmental units). htto://www.whitehouse.gov/omb/circulars/a087/47 2004.html#atta Friend of Court Act 294 of 1982 (MCLA 552.501) bttn://legislature.mi.gov/doc.asnx?mcI-552-501 IRS Publication 1075 http://www.irs.gov/pub/irs-odf/p1075.ndf Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non- profit organizations expending federal awards. http://www.wh i teho use. go v/omb/circulars/a133/a133 .html Catalog of Federal Domestic Assistance (CFDA) — (95.563 — Child Support Enforcement) http_s://www.efda.gov/index?s----program&mode=form&tab=stepl &id—bea918 fn74ec64d4ce3808 eb36f2 e2f Cost Principles for Non-Profit Organizations (2 CFR Part 230) http://www.gpo.gov/fdsys/search/pagedetails.action?collectionCode=CFR&searchPath=Title+2&granuleld=&packa geId=CFR-2008-title2-voll&oldPath=Title+28zfromPageDetails=true&.collapse=tme&vcord=0, Payments to Private Enterprises (Act 279 of 1984) http://legislaturc.rni.govkloc.aspx ?mcl-Act-279-of-1984 Federal Office of Management and Budget (OMB) Circular No. A-102. This Circular establishes consistency and uniformity among Federal agencies in the management of grants and cooperative agreements with State, local, and tribal governments. http://www. w h tehou se. gov/o mb/c reul ars/a102/al 02 .html Michigan Civil Service Rules and Regulations (Article XI, Section 5, Michigan Constitution) http://www.michigan.gov/ose/0,1607,7-143--16377--.00.html Title VT of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d) bttp://www.usdoj.gov/crticoricoordititlevistat.htm Title VII of the Civil Rights Act of 1964 (P.L. 88-352) http : //ww w eeoe.nov/laws/statutes/index.efrn Michigan Elliott-Larsen Civil Rights Act (1976 P.A. 453) ht • ://w w w islaturemi. ov/ S eavsv4h 0 • dowvl wb 1 03 /mileg.ast x? • a e= etoliect&ob 'ectname=mcl-Ac 453-of-1976 The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101) http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID-420304273 I 5+0+0+0&WAISaction=retrieve Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" lutp://www.legislature.mi. gov/(uq3lxgeltunri5z55z2uiwv45)/mileg.aspx?page-getobject&obj ectname=mcl-Act- 220-of-19768tquervid=14718589 The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) htto://www.dol.nov/oasam/re2s/statutes/see504.htm Federal Health Insurance Portability and Accountability Act of 1996 (HTPAA, Title If) http://www.ems.hhs.gov/IIIPAAGenInfo/Downloads/HIPAAlawdetail.pdf Michigan — Freedom of Information Act 442 of 1976 (MCL 15.231) http://w w W.1 egi sl ature.mi. go v/f_S(mxubm5 flvb5ub ay I cp3x0ef1))/mileg.aspx?Dage---getObject&objeetName=mel-157 231 Services provided by charitable, religious, or private organizations (42 USC 604a) http://frwebgate5.access.goo.goviegi-bin/waisgate.cgi?WAISdoerD-993865208201+0 ±0+0&WAISaction—retrieve Restrictions on Lobbying (28 CFR part 69) http://www.access.gpo.govinara/cfr/waisidx 04/28cfr69_04.htrn1 Government-Wide Debarment and Suspension (28 CFR, Part 67) tg)://www.access.goo.gov/nara/cfr/waisidx_04/28cfr67_04.html Gaia Piir From: Sent: To: Cc: Subject: VAnPAit, Laurie <vanpeltV6oPkghv.rom> Tuesday, September 04, 2012 3:49 PM 'Piir, Gaia'; 'Davis, Patricia'; 'Jones, Karen'; 'Secontine, Julie' 'Hollyer, Suzanne'; 'Falardeau, Nancy'; "West, Catherine" RE: Grant Review: Friend of the Court - FY 2013 Cooperative Reimbursement Program (CRP) - Grant Acceptance Approved. • From: Piir, Gala frnailto:piirgPoakgov.coml Sent: Wednesday, August 29, 2012 4:15 PM To: 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie'; 'VanPelt, Laurie' Cc; 'Holiyer, Suzanne', 'Falardeau, Nancy'; "West, Catherine" Subject: Grant Review: Friend of the Court - FY 2013 Cooperative Reimbursement Program (CRP) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine —Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY 2013 Cooperative Reimbursement Program tCRP) Michigan Office of Child Support Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: September 6, 2012 GRANT INFORMATION Date: August 29, 2012 Operating Department: Friend of the Court Department Contact: Suzanne Hollyer Contact Phone: 248-858-0431 Document Identification Number: REVIEW STATUS: Acceptance — resolution required Funding Period: October 1, 2012 through September 30, 2015 New Facility / Additional Office Space Needs: No IT Resources (New Computer Hardware / Software Needs or Purchases): No M/WBE Requirements: Yes, Compliance with OMB Circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $13,062,313 Prior Year Total Funding: $13,584,364 New Grant Funded Positions Request: No 1 Gala Piir 28811011IPSIBERMATio `IMO Sent: To: Cc: Subject: Jones, Karen <jonesk©oakgov.com > . Wednesday, August 29, 2012 5:33 PM 'Piir, Gala'; 'Davis, Patricia', 'Secontine, Julie'; 'VanPelt, Laurie' 'Hollyer, Suzanne'; 'Falardeau, Nancy', "West, Catherine"' RE: Grant Review: Friend of the Court - FY 2013 Cooperative Reimbursement Program (CRP) - Grant Acceptance Approved. From: Piir, Gala [mailto:Diirg©oakgov.comj Sent: Wednesday, August 29, 2012 4:15 PM To: 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie'; 'VanPelt, Laurie' Cc: 'Hollyer, Suzanne'; 'Falardeau, Nancy'; —West, Catherine" Subject: Grant Review: Friend of the Court - FY 2013 Cooperative Reimbursement Program (CRP) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY 2013 Cooperative Reimbursement Program (CRP) Michigan Office of Child Support Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: September 6, 2012 GRANT INFORMATION Date: August 29, 2012 Operating Department: Friend of the Court Department Contact: Suzanne Hollyer Contact Phone: 248-858-0431 Document Identification Number: REVIEW STATUS: Acceptance — resolution required Funding Period: October 1, 2012 through September 30, 2015 New Facility / Additional Office Space Needs: No IT Resources (New Computer Hardware / Software Needs or Purchases): No M/WBE Requirements: Yes, Compliance with OMB Circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $13,062,313 Prior Year Total Funding: $13,584,364 New Grant Funded Positions Request: No Gaia Piir From: Sent: To: Cc: Subject: Fastening, Theresa <easterlingt@oakgov.corn> Wednesday, September 05, 2012 3:35 PM 'Piir, Gala'; 'Davis, Patricia'; 'Jones, Karen'; 'Secontine, Julie'; 'VanPelt, Laurie' 'HoRyer, Suzanne'; 'Falardeau, Nancy'; "West, Catherine" RE: Grant Review: Friend of the Court - Fr' 2013 Cooperative Reimbursement Program (CRP) - Grant Acceptance Approved by Risk Management. From: Piir, Gala fmailto:piirOoakqov.coml Sent: Wednesday, August 29, 2012 4:15 PM To: 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie'; 'VanPelt, Laurie' Cc: 'Hollyer, Suzanne; 'Falardeau, Nancy; "West, Catherine"' Subject: Grant Review: Friend of the Court - FY 2013 Cooperative Reimbursement Program (CRP) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY 2013 Cooperative Reimbursement Program (CRP) Michigan Office of Child Support Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: September 6, 2012 GRANT INFORMATION Date: August 29, 2012 Operating Department: Friend of the Court Department Contact: Suzanne Hollyer Contact Phone: 248-858-0431 Document Identification Number: REVIEW STATUS: Acceptance — resolution required Funding Period: October 1, 2012 through September 30, 2015 New Facility/Additional Office Space Needs: No IT Resources (New Computer Hardware! Software Needs or Purchases): No M/WBE Requirements: Yes, Compliance with OMB Circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $13,062,313 Prior Year Total Funding: $13,584,364 New Grant Funded Positions Request: No Gala Piir Fr"m: Sent: To: Subject: Agacinski, Karen <agacinskik goakgov.com > Friday, August 31, 2012 11:12 AM - 'Piir, Gala'; 'Hoilyer, Suzanne"; Julie Secontine; Jones, Karen; 'Nancy Falardeau .; West, Catherine Grant Review: Friend of the Court - FY 2013 Cooperative Reimbursement Program (CRP) - Grant Acceptance GRANT INFORMATION Operating Department: Friend of the Court Department Contact: Suzanne Hollyer Contact Phone: 248-858-0431 Document Identification Number: Funding Period: October 1, 2012 through September 30, 2015 New Facility / Additional Office Space Needs: No IT Resources (New Computer Hardware / Software Needs or Purchases): No M/WBE Requirements: Yes, Compliance with OMB Circular A-102 Funding: Continuation Application Total Project Amount: $13,062,313 Prior Year Total Funding: $13,584,364 New Grant Funded Positions Request: No Changes to Current Positions: Continuation of existing positions Grantor Funds: $8,621,127, $1,474,395 Federal incentive payments and $973,101 in State GF/GP Total Budget: $14,696,526.82 Match and Source: $4,441,186 General fund county match, which is offset by judgment fees PROJECT SYNOPSIS The IV-D Child Support Enforcement Program is a federal, state and county cooperative effort to collect child support from parents who are legally obligated to pay. This is accomplished through services provided to establish paternity, locate absent parents, establish child support orders, enforce child support orders and collect child support payments. This application is a proposal for service delivery and resource needs projections in support of the program purpose. This is a three-year contract. REVIEW STATUS: Acceptance — resolution required There appear to be no unresolved legal issues that require action at this time. Thank you, Karen P. Agacinski, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3 rd Floor Pontiac, MI 48341 Phone Number. (248) 858-8677 Fax Number: (248) 858-1003 E-mail: aqacinskikoakqov.com PRIVILEGED AND CONFIDENTIAL — ATTORNEY CLIENT COMMUNICATION This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney-client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in anyway. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. 1 Suzanne Hollyer LIfl,r-s0111111.11111111111111110414,11167,11111111811120-1 From: Piir, Gala <piirg@oakgov.com > Sent: Wednesday, August 29, 2012 4:15 PM To: 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie'; 'VanPelt, Laurie' Cc: 'Hollyer, Suzanne'; 'Falardeau, Nancy'; -West, Catherine" Subject: Grant Review: Friend of the Court - FY 2013 Cooperative Reimbursement Program (CRP) - Grant Acceptance Attachments: Grant Contract_FY 13_14_15.pdf GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY 2013 Cooperative Reimbursement Program (CRP) Michigan Office of Child Support Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: September 6, 2012 GRANT INFORMATION Date: August 29, 2012 Operating Department: Friend of the Court Department Contact: Suzanne Hollyer Contact Phone: 248-858-0431 Document Identification Number: REVIEW STATUS: Acceptance — resolution required Funding Period: October 1, 2012 through September 30, 2015 New Facility / Additional Office Space Needs: No IT Resources (New Computer Hardware / Software Needs or Purchases): No M/WBE Requirements: Yes, Compliance with OMB Circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $13,062,313 Prior Year Total Funding: $13,584,364 New Grant Funded Positions Request: No Changes to Current Positions: Continuation of existing positions Grantor Funds: $8,621,127, $1,474,395 Federal incentive payments and $973,101 in State GF/GP Total Budget: $14,696,526.82 Match and Source: $4,441,186 General fund county match, which is offset by judgment fees 1 PROJECT SYNOPSIS The IV-D Child Support Enforcement Program is a federal, state and county cooperative effort to collect child support from parents who are legally obligated to pay. This is accomplished through services provided to establish paternity, locate absent parents, establish child support orders, enforce child support orders and collect child support payments. This application is a proposal for service delivery and resource needs projections in support of the program purpose. This is a three-year contract. Gain V. Piir Oakland County Fiscal Services Division Phone (248) 858-1037 Fax (248) 858-9724 piirg@oakgov,com 2 Contract # CSFOC13-63001 Date: 08/27/2012 Contract/Grant No: CSFOC13-63001 Total Contract Amount: $ 30,544,181.00 Net Budget Amount: $ 41,855,875.00 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") & as the "Contractor") 235 South Grand Ave 230 Elizabeth Lake Road PO Box 30037 P.O. Box 436012 Lansing MI 48909 Pontiac ; Mi 48343 This Agreement, effective October 1,2012, through September 30, 2015, is by and between DHS, the County Of Oakland, a public organization and the 6 Circuit Court (together referred to as the "Contractor"). I. CONTRACTOR DUTIES AND RFSPONSIBil MPS The Contractor shall obtain child support court orders and enforce and seek modification of all child support orders, 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 obtaining and enforcing support orders: • U.S. Code Title 42, Chapter 7, subchapter IV, Part rL • 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 • Michigan Friend of the Court Manual Section 4000 • Friend of the Court 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 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). Contract # CSFOC13-63001 Date: 08/27/2012 The contractor shall use the automated Michigan Child Support Enforcement System (hereinafter referred to as MiCSES System). A. Email Address The Contractor authorizes DHS to use the contact information below to send Agreement related notifications/information. The Contractor shall provide DHS with updated contact information if it changes. Contact email address: hollyers@oakgov.com B. Enforcement Services The Contractor shall: 1. Make IV-D services available to all eligible persons. 2. Provide collection services. 3. Enforce support obligations as defined in MCLA 552.501. Use all appropriate procedures including but not limited to: a. Wage or Income Withholding b. State Tax Offset C. Federal Tax Offset d. Withholding of Unemployment Compensation Benefits e. Imposing Liens f. Posting Security, Bond or Guarantee for Overdue Support g. Informing the Consumer Reporting Agency h. License Suspension Medical Support J. Contempt Proceedings k. Interstate Enforcement Action I. Financial Institution Data Match m. Denying or Revoking Passports 4. Review and modify support orders using the "Michigan Child Support Formula Manual". 5. Perform locate actions when necessary. 6. Cooperate with other states for enforcement of child support orders. 7. Maintain the following administrative processes: a. Fiscal Policies and Accountability b. Bonding of Employees c. Separation of Cash Handling and Accounting Functions d. Safeguarding of Information Contract # CSFOC13-63001 Date: 08/27/2012 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. (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. (6) 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. (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 earn+r•-% "r rsevets..... above . lAJI ILI C:11,1.V1 10110 1.l./ 1.11 VVIL1V 1.11G OCIIIUUCIll U0 LIGOLA e. Records Maintenance Contract # CSFOC13-63001 Date: 08/27/2012 8. Receive, account for, and process voluntary support payments. 9. For the purpose of annual Title IV-D Self-Assessment case readings, allow DHS and its identified agents access to: a. Central system case records b. Paper case records C. MiCSES System case records. 10. For the purpose of Administrative Lien and Levy of financial assets, the Contractor shall abide by the Delegation Agreement in accordance with Central Financial Institution Data Match (FIDM) Business Rules. C. Reports The Contractor shall prepare, complete and submit the following reports in the cycles indicated, to the units named. 4. Form: Cycle To: To: Form: Contract # CSFOC13-63001 Date: 08/27/2012 Form: DHS-286 - Title IV-D Cooperative Reimbursement Expenditure Report, including the following supporting documentation; Personnel Expense Report and the FPRO Caseload Report run within 30 days after the month of sell/ice. Cycle 'Due by the thirtieth (30th) day after month of service Form: Cycle To: Form: Michigan Department of Human Services Submitted through EGrAMS or its successor unless otherwise instructed by OCS DHS-820 - Support Collection Refund/Reimbursement Request for incorrect foster care disbursements. As needed in accordance with MFOC Section 4000, Chapter 650. Michigan Department of Human Services Reconciliation and Recoupment Section P.O. Box 30025, Lansing, MI 48909 DHS-820 - Support Collection Refund/Reimbursement Request for incorrect Medicaid disbursements. As needed in accordance with MFOC Section 4000, Chapter Cycle 650. Michigan Department of Community Health Revenue and To: Reimbursement/Third Party Liability P.O. Box 30479, Lansing, MI 48909 DNS-316 or collection report requesting correction of distributed support collections. No regular cycle: process as received Michigan Department of Human Services Office of Child Support 5. [ Form: OCS Tax Data Confidentiality Questionnaire Cycle Due annually by January 31 Michigan Department of Human Services Submitted through EGrams or its successor unless otherwise instructed by OCS 6. Cycle Criminal Background Check Plan Update/Notification of Completion Due annually by July 30 until such time as the Contractor provides notification in its Criminal Background Check report that the plan has been fully implemented. 1 2. Contract # CSFOC13-63001 Date: 08/27/2012 To: Form: Cycle To: Michigan Department of Human Services Contract Manager, Office of Child Support MiCSES Role Conflict Waiver Due annually by October 1 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 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 detail 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 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. The Contractor must submit a budget revision request through EGrAMS or its successor unless otherwise instructed by OCS and obtain prior approval from DHS 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 !V-D Action Transmittal 2008-027 or its successors. Contract # CSFOC13-63001 Date: 08/27/2012 a. The request for DHS' approval must contain sufficient information to allow DHS 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. b. 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. DHS shall provide a response to budget amendment requests within 30 days of receipt. 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-TV-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 IV-D funds do not work full-time on IV-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 DHS, 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, the DHS-286 shall be submitted as directed by DHS to meet fiscal year-end closing deadlines. At its discretion, DHS 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 DHS more for a provision of service than is charged to other entities for whom the Contractor provides services. Contract # CSFOC13-63001 Date: 08/27/2012 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 Title IV-D Reimbursement (State Share on the DHS-286) Title IV-D Incentive Payment CFDA# FFP% 93.563 100% 93.563 100% Note: The Federal Program "TITLE IV-D Reimbursement" (State Share on the DHS-286) refers to the DHS reimbursement of amounts billed to DHS on the DHS- 286 and identified as the State Share (IV-D). DHS 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). DHS 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 DHS website. The Contractor is required to check the website to obtain up to date information regarding the CFDA numbers (unless notified otherwise by the DHS Office of Logistics and Rate Setting). The Contractor shall consult the following website to obtain CFDA numbers, payments, and other audit information: http://www.mdhs.state.mi.us/oia/cfda-ffp-new.asp H. Reporting Requirements The Contractor must immediately report to the DHS Office of Monitoring and Internal Controls accounting irregularities including noncompliance with provisions of this Agreement. Contract # CSFOC13-63001 Date: 08/27/2012 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 OHS 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) • 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 DHS 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). 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 Contract # CSFOC13-63001 Date: 08/27/2012 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 DHS 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. 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 DHS 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. Contract # CSFOC13-63001 Date: 08/27/2012 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: 1 . 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 ICAHT. Information about ICHAT can be found at http://apps.michigan.gov ./ichat 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. 2, For each applicant for employment, who works directly with children under this Agreement, a Central Registry (CR) check. 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 DHS, 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 DHS, along with any other schedules or workpapers necessary to support the amount of wages charged, in accordance with the appropriate federal circular. Contract # CSFOC13-63001 Date: 08/27/2012 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, DHS 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 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 1934 (15 U.S.C. §§ 78m(a), 780(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 U. 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. DHS shall also distribute program regulations, forms, and instructions to the Contractor through the : • Michigan Friend of the Court Manual Section 4000 • Friend of the Court 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 Contract # CSFOC13-63001 Date: 08/2712012 1. DHS 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. 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 Contractors 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 Agreement. 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. D. 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 Thirty Million Five Hundred Forty Four Thousand One Hundred Eighty One and 00/100 dollars ($30,544,181.00). 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 DNS 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 year period of the NFA. HI. GENERAL PROVISIONS A. Conclusion, Termination, and Cancellation Terms Contract # CSFOC13-63001 Date: 08/27/2012 1. DHS' Source of Funds-Termination DHS' payment of federal or state funds for pui pube of this Agreement is subject to and conditional upon the availability of those funds for such purposes. No commitment is made by DHS to continue or expand activities covered by this Agreement. Funding for services to be provided beyond the end of the initial state fiscal year is dependent on legislative appropriation. DHS may terminate this Agreement immediately upon written notice to the Contractor at any time prior to the completion of this Agreement if, in the sole discretion of DHS, funding becomes unavailable for this service or such funds are restricted. 2. Cancellation of Agreement DHS may cancel this Agreement upon 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 DHS 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 DHS or its employees if the Contractor, an officer of the Contractor, or an owner of a 25% or greater share of the Contractor is convicted of a criminal offense incident to the application for or performance of a state, public, or private contract or subcontract; or convicted of a criminal 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 DHS, reflects on the Contractor's business integrity. 3. Stop Work Orders Contract # CSFOC13-63001 Date: 08/27/2012 DHS may, at any time, by written stop work order to the Contractor, require that the Contractor stop all, or any part, of the work called for by the Agreement for a period of up to 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, DHS may receive and act upon a Contractor billing 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 DHS 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 DHS Contract # CSFOC13-63001 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 DHS 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 DHS. No disposal, sale or transfer of fixed assets purchased under this Agreement in whole or part, may occur without the express written consent of DHS. 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 DHS 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 # CSFOC13-63001 Date: 08/27/2012 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 au i 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) all employees working under 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 # CSFOC13-63001 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, MD, 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 DHS under this Agreement shall not be financed by any source other than DHS under the terms of this Agreement. If funding is received through any other source, the Contractor agrees to deduct from the amount billed to DHS the greater of either the fee amounts, or the actual costs of the services provided. The Contractor may not accept reimbursement from a 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 DHS may be billed for the amount of the co-pay. No supplemental billing is allowed. E. Confidentiality Contract # CSFOC13-63001 Date: 08/27/2012 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 # CSFOC13-63001 Date: 03/27/2012 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, (ii) acquire any right in or assert any lien against the confidential information of the other, or (iii) if requested to do so, refuse for any reason to promptly return the other party's confidential information to the other party. Each party will limit disclosure of the other party'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 rnust certify to the state that. t.he Contractor has destroyed all state confidential information. F. Examination and Maintenance of Records Contract # CSF0C13-63001 Date: 08/27/2012 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 DHS. The Contractor shall assure, as a condition of any sale or transfer of ownership of the Contractor agency, that the new purchasers or owner maintains the above-described books, records or other 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 DHS may make reasonable inquiries of the auditor relating to audit workpapers And, furthermore, that DHS 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 aiso comply with all reporting procedures established by DHS in completion of progress reports at time intervals, on forms, in formats, and by means specified by DHS. In particular, reports or billing documents denoting event dates shall record month, day and year as specified by DHS. In all electronic filings, four digits shall be used to designate year. Any additional reports as deemed necessary by DHS shall be made and submitted by the Contractor upon request. 2. Monitoring Requirements Contract # CSFOC13-63001 Date: 08/27/2012 DHS 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 DHS during the monitoring process by making available all records, facilities, and other resources necessary to perform the review. If DHS detects noncompliance with this Agreement, and/or questioned costs during the course of its review, these items shall be identified and conveyed to the Contractor in an exit conference. DHS shall provide the 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 DHS' report by providing a Corrective Action Plan (CAP) to eliminate or correct each issue of noncompliance. The Contractor shall submit the CAP to DHS within 60 days from issuance of DHS' report. If DHS identifies questioned costs that cannot be substantiated, OHS may, at 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 DHS shall be made within a time schedule established by DHS 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, DHS may, at its discretion, invoke sanctions on the Contractor, which may include, but are not limited to, actions to collect disallowed costs and/or cancellation of the Agreements. 3. Audit Reports that Contain a Going Concern Statement If an audit firm conducts an audit of the Contractor and issues an audit report with a finding of a Going Concern, the Contractor must submit this audit report to the OHS Office of Monitoring and Internal 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 DHS' rejection of the Contractor's financial plan, are grounds for immediately terminating this Agreement. Contract # CSFOC13-63001 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 DHS in the recoupment of any funding. Upon notification by DHS that repayment is required, the Contractor shall make payment directly to DHS 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 DHS, (2) submit revised billings as requested as part of a Corrective Action Plan when required; or (3) remit overpayments or make arrangements to have the overpayments deducted from future payments within 30 days, such failure shall constitute grounds to terminate immediately any or all of DHS' agreements with the Contractor. DHS 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 DHS with the Contractor or Contractor's predecessors. If the Contractor has an outstanding debt due to DHS 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 # CSFOC13-63001 Date: 08/27/2012 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, DHS 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 DHS approval, and then only in accordance with the explicit written instructions from DHS. No results of the activities associated with the Agreement are to be released without prior written approval of DHS and then only to persons designated. J. Subcontracts The Contractor shall not assign this Agreement or subcontract this Agreement to other parties without obtaining prior written approval of the DHS 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 # CSFOC13-63001 Date: 08/2712012 If subcontracting, the Contractor must obligate the subcontractors to maintain the confidentiality of DHS' client information in conformance with state and federal requirements. At DHS 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 DHS 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 DHS, must meet with the Director of DHS or designee for the purpose of attempting resolution of the dispute. L. Agreement Inclusiveness This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. M. Reporting of Retiree Employment All other provisions of this Agreement notwithstanding, the Contractor shall provide written notification within 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 # CSF0C13=63001 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 UVIQUIL. Where the parties are unable to certify to any of the statements in this certification, the Contractor shall attach an explanation to this Agreement. The Contractor shall promptly notify DHS of any criminal litigation, investigations or proceeding which may have arisen or may arise involving the Contractor or any of the Contractor's subcontractors, or any of the foregoing entities' then current officers or directors during the term of this Agreement and three years thereafter. Contract # CSFOC13-63001 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 # CSFOC13-63001 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 DHS 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 DHS 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 DHS, 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. DHS 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, tinneframes, 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 DHS issues a duly executed amendment for the proposed change. S. Options to Renew Contract # CSFOC13-63001 Date: 08/27/2012 At the discretion of DHS, 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 # CSFOC13-63001 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 6 Circuit Court This day of By: Chief Circuit Judge Dated at, MICHIGAN This day of By: County Of Oakland (Contractor) (Chairperson, County Board of Commissioners) Dated at, MICHIGAN Department of Human Services This day of Director or Designee Contract #: CSFOC13-63001 By: Contract # CSFOC13-63001 Date: 08/27/2012 A. CONTRACT DESCRIPTION COUNTY: Oakland PROVIDER: FISCAL YEAR: 2013 CONTRACT NO: CS/ CSFOC13-63001 FOCW PA COM AMENDMENT LINE ITEM TRANSFER COLUMN I COLUMN II COLUMN ill 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. FTE Positions 125.25 0.00 0.00 144.00 2_ 1)./0 of Total FTE 86.98 0.00 0.00 100.00 3. Caseload % (FOC, COM) 98.02 0.00 0.00 100.00 Current Adjustment Revised Providers 2013 To 2013 2013 Total Budget Categories IV-D Budget IV-D Budget IV-D Budget Eligible Budget SECTION C 1. Personnel 12,067,492.80 0.00 0.00 14,205,387.50 2. Data Processing 949,821.60 0.00 0.00 1,092,000.00 3. Other Direct 842,723.13 0.00 0.00 970,370.00 4. Central Services 836,489.29 0.00 0.00 961,703.02 5. Paternity Testing 0.00 0.00 0.00 0.00 6. TOTAL EXPENDITURES 14,696,526.82 0.00 0.00 17,229,460.52 7. Service Fees 0.00 0.00 0.00 475,000.00 8. Final Judgment Fees 150,686.15 0.00 0.00 421,230.00 9. Other Income 9,132.90 0.00 0.00 10,500.00 0. SUB TOTAL 14,536,707.77 0.00 0.00 16,322,730.52 11. Federal Incentives ,474,395.00 0.00 0.00 1,474,395.00 12. NET BUDGET 13,062,313.00 0.00 0.00 14,848,335.52 10. County Share (Cy 34.00% 4,441,186.00 0.00 0.00 0.00 14. State Share (IV-D) @ 66.00% 8,621,127.00 0.00 0.00 0.00 5. STATE GF/GP AMOUNT 973,101.00 0.00 0.00 0.00 TOTAL CONTRACT AMOUNT 9,594,228.00 0.00 0.00 0.00 Contract # CSFOC13-63001 Date: 08/27/2012 A. CONTRACT DESCRIPTION COUNTY: Oakland P ROVI DER: FISCAL 'YEAR: 2014 CONTRACT NO: CS/ CSFOC13-63001 FOC g-1 PA 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. FTE Positions 125.25 0.00 0.00 144.00 2. % of Total FTE 86.98 0.00 0.00 100.00 3. Caseload % (FOC, COM) 98.02 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 12,820,963.26 0.00 0.00 15,066,087.50 2. Data Processing 985,048.50 0.00 0.00 1,132,500.00 3. Other Direct 876,036.47 0.00 0.00 1,008,670.00 4. Central Services 886,678.64 0.00, 0.00 1,019,405.20 5. Paternity Testing 0.00 0.00 0.00 0.00 6. TOTAL EXPENDITURES 15,568,726.87 0.00 0.00 18,226,662.70 7. Service Fees 0.00 0.00 0.00 475,000.00 8. Final Judgment Fees 150,686.15 0.00 0.00 421,230.00 _ 9. Other Income 9,132.90 0.00 0.00 10,500.00 10. SUB TOTAL 15,408,907.82 0.00 0.00 17,319,932.70 11. Federal Incentives 1,474,395.00 0.00 0.00 1,474,395.00 12. NET BUDGET 13,934,513.00 0.00 0.00 15,845,537.70 13. County Share @ 34.00% 4,737,734.00_ 0.00 0.00 0.00 _ 14. State Share (IV-D) @ 66.00% 9,196,779.00 _ 0.00 0.00 0.00 15. STATE GF/GP AMOUNT 973,101.00 0.00 0.00 0.00 TOTAL CONTRACT AMOUNT 10,169,880.00 0.00 0.00 0.00 Contract # CSFOC13-63001 Date: 08/27/2012 A. CONTRACT DESCRIPTION COUNTY: Oakland PROVIDER: FISCAL YEAR: 2015 CONTRACT NO: CS/ CSFOC13-63001 FOC 17 PA COM AMENDMENT LINE ITEM TRANSFER COLUMN I COLUMN II COLUMN III COLUMN IV' COLUMN V Current Adjustment Revised Providers 2015 To 2015 2015 Total Allocation Factors IV-D Budget IV-D Budget IV-D Budget Eligible Budget SECTION B 1. FTE Positions 125.25 0.00 0.00 144.00 2. % of Total FTE 86.98 0.00 0.00 100.00 3. Caseload % (FOC, COM) 98.02 0.00 0.00 100.00 - Current Adjustment Revised Provider's 2015 To 2015 2015 Total Budget Categories IV-D Budget IV-D Budget IV-D Budget Eligible Budget SECTION C 1. Personnel 13,627,308.34 0.00 _ 0.00 15,987,187.00 2. Data Processing 1,022,884.80 0.00 0.00 1,176,000.00 3. Other Direct 903,190.75 0.00 0.00 1,039,889.00 4. Central Services 939,879.36 0.00 0.00 1,080,569.51 5. Paternity Testing 0.00 0.00 0.00 0.00 6. TOTAL EXPENDITURES 16,493,263.25 0.00_ 0.00 19,283,645.51 7. Service Fees 0.00 0.00 0.00 475,000.00 8. Final Judgment Fees 150,686.15 0.00 0.00 421,230.00 9. Other Income 9,132.90 0.00 0.00 10,500.00 10. SUB TOTAL . 16,333,444.20 0.00 0.00 18,376,915.51 11. Federal Incentives 1,474,395.00 0.00 0.00 1,474,395.00 12. NET BUDGET 14,859,049.00 _ 0.00 0.00 16,902,520.51 13. County Share@ 34.00% 5,052,077.00 0.00 0.00 0.00 0.00 15. STATE GF/GP AMOUNT 973,101.00 0.00 0.00 0.00 _ TOTAL CONTRACT AMOUNT 10,780,073.00 0.00 0.00 0.00 FISCAL NOTE ((mISC #12.751) October 3, 2012 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: FRIEND OF THE COURT — FY 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 Michigan Department of Human Services, Office of Child Support has awarded the FY 2013 Title IV Cooperative Reimbursement Program (CRP) Contract to the Oakland County Friend of the Court (FOC). The agreement is for three years beginning October 1, 2012 through September 30, 2015. The agreement shall be amended each fiscal year beginning October 1,2013 through September 30, 2015 to authorize funding for subsequent fiscal years covered by the agreement. 2. The FY 2013 grant award provides Title IV-D funding to continue the FOC/CRP Program in the amount of $14,696,527 of which $159,819 will be funded by fees collected; State CRP funds of $8,621,127 (66%); Federal Incentive Funds of $1,474,395 and Oakland County grant match of $4,441,186 (34%). 3. Since the passage of the federal Deficit Reduction Act (DRA) in early 2006, federal law has not permitted the child support program to use federal incentives to draw down additional federal funding through the CRP program with the exception of one year. When President Obama signed the American Recovery and Reinvestment Act of 2009, the FOC was permitted to include these expenditures within the CRP making them eligible for reimbursement for one year. In all other years since the DRA cut, the state has provided funds to cover the losses imposed by the DRA cuts. The FOC will receive an estimated $1,474,395 in federal incentives. Additionally, the state is expected to provide additional funds of $973,101 to supplement the cuts made with the DRA. 4. With the FY 2012 budget process, one (1) General Fund/General Purpose part-time non-eligible 1,000 hours per year Warrant Clerk position (3010404-011247) was created effective 10/01/12 and one (1) Special Revenue full-time eligible Warrant Clerk position #02443 was transferred to the Sheriff's Office/Investigative Office/Sheriff-Friend of the Court (4030925). 5. The FOC FY 2013 Adopted Budget deletes one (1) SR full-time Warrant Clerk position (4030925-02443). 6. The FOC FY 2013 Adopted Budget transfers one (1) GF/GP part-time non-eligible 1,000 hours per year Warrant Clerk position (3010404-011247) to the Sheriff's Office/Investigative Office/Sheriff-Friend of the Court (4030925) and funding changed to SR. 7. The FOC FY 2013 Adopted Budget deletes one (1) SR part-time non-eligible 1,000 hours per year Office Assistant I position (3010404-07971). 8. A budget amendment is recommended to the FY 2013 Adopted Budget as follows: Friend of the Court — CRP #27100 Revenue FY 2013 3010404-126030-625210 CRP ($259,502) 3010404-126030-695500 Transfers In $663,770 Total Revenue $404,268 Expenditures 3010404-126030-730926 Indirect Costs $404,268 9. Sufficient funds are budgeted in FY 2014 and 2015 and if adjustments are requested, amendments will be made at that time. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Taub absent. Resolution #12251 October 3, 2012 Moved by Runestad supported by McGillivray the resolution (with fiscal note attached) be adopted. Moved by Runestad supported by Jackson the resolution (with fiscal note attached) be amended as follows: (ADD 2nd BE IT FURTHER PARAGRAPH) BE IT FURTHER RESOLVED that if requested by the Public Services Committee, representatives from the FOC will come before the Public Services Committee to provide an update on the FOC activities related to this grant prior to the grant being administratively extended by the Chairperson for the next budget. Vote on amendment: AYES: Gosselin, Hoffman, Jackson, Long, Matis, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Zack, Bosnic, Crawford, Dwyer, Gershenson, Gingell. (23) NAYS: None. (0) A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended: AYES: Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin. (23) NAYS: None. (0) A sufficient majority haying voted in favor, the resolution, as amended, was adopted. rh• ' k 'irt:4Z3Y I1FP ROVE Tt/tS RESOLUTION CHIEF DEPUTY COUNTY EXEC ACTING PURSUANT TO MCL 45.656A 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 3rd day of October, 2012. e ek (7) Bill Bullard Jr., Oakland County