HomeMy WebLinkAboutResolutions - 1993.04.29 - 21843April 29, 199,3
MISCELLANEOUS RESOLUTION 93063
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: CETA SETTLEMENT AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Oakland County Board of Commissioners by
Miscellaneous Resolution #6645 and #8883, applied for and was
granted the designation as a Comprehensive Employment and Training
Act (CETA) Prime Sponsor by the U.S. Department of Labor; and
WHEREAS, various CETA audits and a special purpose close-out
reviews have resulted in certain costs being questioned with
disallowed costs exceeding $4,000,000; and
WHEREAS the settlement agreement between the United States
Department of Justice and Oakland County for case number 84-CTA-177
states that $105,676.50 ($78,274 for disallowed costs and
$27,402.50 for accrued interest) shall be paid to the Department of
Justice by May 14, 1993; and
WHEREAS the settlement agreement between the United States
Department of Labor and Oakland County for case numbers 83-CTA-22
and 84-CTA-153 states that $1,094,323.50 for disallowed costs shall
be paid to the Department of Labor in installments: January 31,
1994, January 31, 1995, and January 31, 1996; and
WHEREAS funds of $127,590 are available in the Oakland County
Ceta Employees Retirement Fund for the first payment and outside
legal fees with the balance to be carried forward to help fund the
second payment; and
WHEREAS funding for subsequent payments will be included in
the 1994/95 Biennial Budget and the 1996 Budget.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached agreement with the United
States Department of Justice and agreement with the United States
Department of Labor totaling $1,200,000.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners approves the close-out of the Ceta Retirement Fund
(#73200) and amends the 1993 Budget as follows;
Revenue
3-10100-904-01-00-5731 Equity Transfer In from Ceta $127,590
Employees Retirement Fund
Expenditures
4-10100-901-01-00-9113 CETA Audit Misc. $127,590
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioner authorizes the County Executive to enter into the
attached agreements.
Chairperson, on behalf of the Finance Committee, I move the
adoption of the foregoing resolution.
FINANCE COMMITTEE
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NANC\GENERALCETA.RES
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SETTLEMENT AGREEMENT
This Agreement is entered into between the United States
Department of Justice and Oakland County, Michigan in resolution
of the case referenced below.
WITNESSETH T*.T:
WHEREAS, the County of Oakland, Michigan (hereinafter
"Grantee") and the United States Department of Labor entered into
grants (as listed in the Attachment to this Agreement) under the
Comprehensive Employment and Training Act of 1973, as amended, 29
U.S.C. Section 801 et seq., and
WHEREAS, the Grant Officer, based upon program audits,
issued a Final Determination, wherein it was determined that a
total of $213,774 of expenditures were not allowable; and
WHEREAS, the Grantee appealed this Final Determination and
this appeal was docketed as 84-CTA-177; and
WHEREAS, Grant Officer disallowances upheld by an
Administrative Law Judge in 84-CTA-177 were further appealed to
the United States Court of Appeals (6th Circuit) as Case No. 87-
3656 and, at the conclusion of all such matters, disallowed costs
of $78,274 were upheld; and
WHEREAS, on February 12, 1990, the Department of Labor
referred this debt to the Department of Justice for collection;
and
EREAS, the parties desire to settle the aforementioned
matter,
NOW THEREFORE, the parties do agree as follows:
WH
SETTLEMENT AGREEMENT1
Attorney
FOR THE GRANTEE:
SIGNATURE:
TITLE:
FOR THE DEPARTMENT OF JUSTICE:
United State
Charles G. Preston, Esq.
Attorney for the Grantee .
By:
CAROLYN BELL HARBIN
Authorized Representative
the Attorney General
DATE:
DATE:
SIGNATURE:
DATE:
1. Payment in the amount of $105,676.50, consisting of
$78,274 in debt principal and $27,402.50 in accrued interest,
shall be made to the Department of Justice.
2. The parties agree that this payment is a full, final
and complete settlement of this matter.
3. Payment shall be made by certified check or warrant
payable to the "U.S. Department of Justice," and sent to:
The United States Attorney's Office
Room 817 Federal Building
231 West Lafayette
Detroit, MI 48226
Attn: Carolyn Bell Harbin, AUSA
4. Payment is to be made by May 14, 1993.
SETTLEMENT AGREEMENT2
ATTACHMENT TO SETTLEMENT AGREEMENT
Case Mo. 8 14-CTA -177
Audit No. 05-3-209-03-3145
nt Disallowed in FD: $231,774
Current . nt at Issue: 478,2711 plus interest
26-23 15-05
26-23 15-10
26-23 15-27
26-23 15-48
26-23 15-32
26-23 15- 05
26-3315-22
26-33 15-3 2
Amou
CLIENT'S COPY
OFFICE OF ADMINISTRATIVE LAW JUDGES
U.S. DEPARTMENT OF LABOR
IN THE MAITER OF:
OA ND COUNTY, MI 'GAN
Case Nos.: 83-C1A-22
v. 84-CTA453
U.S. DEPAR ENT OF LABOR
RD
THIS CAUSE came on to be heard on this day on the grounds that the parties have
entered into a Settlement Agreement on all issues remaining in these two cases.
UPON IT APPEARING TO THE COURT that good cause for dismissal of these
matters has been shown, it is therefore,
ADJUDGED and ORDERED that these cases be and hereby are dismissed with
prejudice.
ENTERED this day of , 1993.
JOHN M. VITTONE
Deputy Chief Judge
WE ASK FOR THIS:
Charles G. Preston, Esquire
Preston & Preston
P.O. Box 820
9912-B Georgetown Pike, St. 205
Great Falls, VA 22066
Tel. (703) 759-3300
ORDER1
SEEN AND AGREED
Steven E. Walanka, Esquire
Office of the Solicitor
U.S. Department of Labor
230 S. Dearborn Street, 8th Floor
Chicago, 11 60604
Tel (313) 353-1143
ORDER2
S, the Grant Officer, based upon program audits, issued Final RFA WHE
CLIENT'S COPY
OFFICE OF ADMINISTRATIVE LAW JUDGES
U.S. DEPARTMENT OF LABOR
IN THE MA1TER OF:
OAKLAND COUNTY, MICHIGAN
Case Nos.: 83-CTA-22
v. 84-CIA-153
U.S. DEPARTMENT OF LABOR
SEITLEMENT AGREEMENT
This Settlement Agreement is entered into between the United States Department of
Labor and Oakland County, Michigan in resolution of the above-referenced cases.
WITNESSETH THAT:
WHEREAS, the County of Oakland, Michigan (hereinafter "Grantee") and the United
States Department of Labor (hereinafter "Department") entered into numerous grants (as listed
in Attachment No. 1 to this Agreement) under the Comprehensive Employment and Training
Act, of 1973, as amended, 29 U.S.C. Section 801 et seq., and
Determinations, wherein it was determined that a total of $4,414,708 of expenditures were not
allowable; and
WHEREAS, the grantee appealed these Final Determinations and such were docketed
as 83-CTA-22, and 84-CTA-153; and the Grant Officer, after reviewing additional
documentation submitted, has allowed certain of the disallowed costs with the result that the
total disallowed costs for the three aforementioned cases has been reduced to $2.983,386; and
SETTLEMENT AGREEMENT"
WHEREAS, the parties desire to settle all of the aforementioned matters,
NOW THEREFORE, the parties do agree as follows -
1. The Department, having reviewed these matters, hereby determines that,
consistent with law and policy, it is in the best interest of the Government to accept the
Grantee's offer of $1,094,323,50 in full satisfaction of all outstanding matters related to the
referenced cases,
The Department agrees to accept payment in installments as follows: payments
of $365,000 on January 31, 1994 and January 31, 1995, and a final payment of $364,323.50
on January 31, 1996.
3. The parties agree that this Settlement Agreement is a full, final and complete
settlement of these matters.
4. Payment shall be made by certified check or warrant payable to the U.S
Department of Labor and sent to:
U.S. Department of Labor/ETA, Office of Grants and
Contracts Management
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ATTN: JON JUNGJOHANN
5. Upon any breach of this Settlement Agreement on the part of the Grantee, the
total amount of disallowed costs of $2,983,386, plus interest accrued from 30 days after
execution of this Agreement, plus any applicable penalty, processing and handling fees, less
payments to date, will be due for immediate payment.
6. Nothing in this Agreement shall prevent the Department from pursuing action
under the Debt Collection Act, 31 U.S.C. Section 3701 et seq., 4 C.F.R. Section 101.1 et seq.,
SETTLEMENT AGREEMENT2
1 -0)I THE GRANTEE:
SIGNATURE:
TITLE:
FOR THE DEPARTMENT:
SIGNATURE:
TITLE:
SIGNATURE:
Steven E. Walanka, Esquire
and 29 C.F.R. Part 20, in the event that the Grantee fails to comply with the terms of this
Settlement Agreement.
7. Each party hereby agrees to bear its own fees and other expenses incurred by
such party in connection with any stage of this proceeding,
8. This Settlement Agreement is to be effective upon the signature of all parties.
9. Upon execution of the Settlement Agreement, the Grantee and the Department
will jointly move to dismiss AU J Case Nos, 83-CTA-22 and 84-CTA-153,
DATE:
SIGNATURE:
DATE:
DATE:
Charles G. Preston, Esquire
Attorney for the Grantee Attorney for the Department
DATE:
SETTLEMENT AGREEMENT3
At t-a chine nt 1
and County, Hie big
d by this Fiepvment Aervesaent
Caae No. 83-CTA-22
Audit No. A059-80-00016
Amount 1 no . in F1):
Current . •t at :
4'1,3 51,81 14
*223,177
26-8315-1 0
26-9315-21
26-9315-32
26-9315-145
26-5C5 3-60
26-9315-10
26-8315-13
26-8315-38
26-83 15-48
26-9315-60
26-14053-21
26-8315-32
26-9315-38
26-93 15-48
26-9315-(5
Case S3. 814-- ad -15 3
Audit No. A059-82-000333
Amount Disallowed in El): $3,062,89 14
Current I.4._runt at Issue: $2,760,209
26-5(53-10
26-1405 3-2 1
26-5(53-32
26-5 053-60
266053-1411
26-8315-10
26-9315-145
26-93 15-38
26-8315-148
26-83 15-3 2
26 -931 5-10
26-93 15-2 1
26-9315-148
26-93 15-3 2
26-9315-60
26-9315-05
26-0315-10
26-03 15-2 1
26-0315-48
26-03 15-3 2
26-0315-60
26-0315-05
26-1315-CS
26-1315-10
26-1315-21
26-13 15-32
26-13 15-38
26-1315-148
26-1315-60
26-1315-27
Resolution #93063 April 29, 1993
Moved by McCulloch supported by Wolf the resolution be adopted.
AYES: Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson,
Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht,
Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland, 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 April 29, 1993 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 29th day of ApHi 1993.
Lynn D. Allen, County Clerk