HomeMy WebLinkAboutResolutions - 1997.06.12 - 25062MISCELLANEOUS RESOLUTION #97120
BY: Public Services Committee, Shelley Taub, Chairperson
IN RR: PROSECUTING ATTORNEY - COOPERATIVE AGREEMENT BETWEEN OAKLAND COUNTY,
OAKLAND COUNTY PROSECUTOR'S OFFICE, FAMILY INDEPENDENCE AGENCY AND PROSECUTING
ATTORNEYS ASSOCIATION OF MICHIGAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan's Family Independence Agency and the
Prosecuting Attorneys Association of Michigan (PAAM) wish to enter into an
agreement with the County of Oakland and the Oakland County Prosecuting
Attorney for the investigation and prosecution of welfare and food stamp fraud
cases; and
WHEREAS Section 16(a) of the Food Stamp Act of 1977 authorizes the
United States Agency of Agriculture to participate financially in covering the
costs of the state's food stamp program investigations and prosecutions; and
42 USC 602 and 616 authorize the state to conduct a fraud control program; and
WHEREAS the Family Independence Agency will pay a fee to the County
based on the Fee Code outlined on page 5 of the attached agreement; and
WHEREAS the Prosecuting Attorney has agreed to provide these services;
and
WHEREAS acceptance of this agreement does not obligate the County to any
future commitment; and
WHEREAS the contract has been approved by the County Executive's
Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes a contract between Oakland County, the Oakland County
Prosecuting Attorney and the State of Michigan's Family Independence Agency
and the Prosecuting Attorneys Association of Michigan for the investigation
and prosecution of welfare and food stamp fraud cases.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
J1, sa
AGREEMENT
between
FAMILY INDEPENDENCE AGENCY
and
PROSECUTING ATTORNEYS ASSOCIATION OF MICHIGAN
and
OAKLAND COUNTY
and
OAKLAND COUNTY PROSECUTING ATTORNEY
This Agreement, effective, 1997 by and between the Family Independence Agency
(hereinafter referred to as the Agency), having a mailing address of 235 Grand Avenue, Grand
Tower Building, Suite 1115, Lansing, Michigan, 48933, the Prosecuting Attorneys Association
of Michigan (hereinafter referred to as PAAM), having a mailing address of 116 W. Ottawa
Street, Suite 200, Lansing, Michigan 48913 and the Oakland County Board of Commissioners
(hereinafter referred to as the County), having a mailing address of, 1200 N. Telegraph, Pontiac,
MI 48341, and the Oakland County Prosecuting Attorney (hereinafter referred to as Prosecutor).
WITNESSETH
WHEREAS, the Agency is authorized to contract under the provisions of MCLA 400.10; and the
Agency has the authority to enter into Cooperative Agreements under and in accordance with
policies established by the Agency, and
WHEREAS, Section 16 (a) of the Food Stamp Act of 1977 authorizes the United States Agency
of Agriculture (USDA) to participate financially in covering the costs of the state's food stamp
program investigations and prosecutions; and 42 USC 602 and 616 authorize the state to conduct
a fraud control program which calls for the coordination of fraud investigations involving
programs funded by USDA and Health and Human Services (HHS); and this Agreement is
subject to final rules for payment of certain Administrative Costs of State Agencies (7 CFR, Part
277, Amdt. 188) which were adopted, effective December 29, 1980.
NOW, THEREFORE, in consideration of the above, and in consideration of the promises and
mutual covenants hereinafter contained, the parties hereto agree as follows:
I. GENERAL PROVISIONS
A. Agency's Source of Funds-Termination
The Agency's payment of funds for purposes of this Agreement is subject to and
conditional upon the availability of funds for such purposes, being federal and/or
state funds. No commitment is made by the Agency to continue or expand such
activities. Upon written notice to the parties, the Agency may terminate this
Agreement immediately only if federal or state funds, specifically identified to
this program, become unavailable or are reduced.
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B. Review and Monitoring Reports
PAAM shall prepare, complete, and submit the reports enumerated under Section
B, in accordance with the provisions contained therein.
The Agency shall monitor and review such reports for the purposes of
determining PAAM or prosecutor compliance with this Agreement in accordance
with 7 CFR 277.
C. Examination and Maintenance of Records
All parties shall maintain all books, records or other documents relevant to this
Agreement for 5 years after final payment, at their cost, and federal auditors and
any persons duly authorized by the Agency shall have full access to and the right
to examine and audit any of said material during this period. If an audit is
initiated prior to the expiration of the five-year period, and extends past that
period, all documents shall be maintained until the audit is completed. The
Agency shall provide findings and recommendations of audits to PAAM, the
Prosecutor and the County. The Agency shall adjust future payments or final
payment if the findings of an audit indicate over or under payment to PAAM,
and/or the County in the period prior to the audit.
D. Compliance with Civil Rights, Other Laws
PAAM and the County 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 1976 PA 453, Section 209. The Parties shall also comply with the
provisions of the Michigan Handicappers Civil Rights Act, 1976 PA 220 and
Section 504 of the Federal Rehabilitation Act of 1973, P. L. 93-112, 87 Stat. 394,
which states that no employee or client or otherwise qualified handicapped
individual shall, solely by reason of their handicap, be excluded from
participation, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving federal financial assistance. Further, PAAM,
the County and the Prosecutor shall comply with all other federal, state or local
laws, regulations and standards, and any amendments thereto, as they may apply
to the performance of this Agreement.
E. Royalties
The Agency reserves a royalty-free nonexclusive license to use and authorize
others to use all copyrightable and copyrighted material resulting from this
program.
F. Confidentiality
The Agency, PAAM, the Prosecutor and the County agree to abide with all
federal statutes and regulations and state statutes regarding confidentiality as they
are applicable to Welfare fraud cases.
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G. Cancellation of Agreement
Except as otherwise provided in this Agreement, any party to this Agreement may
terminate the Agreement upon 60 days written notice to the other parties at any
time.
H. Closeout
When this Agreement is concluded or terminated, PAAM and the Prosecutor shall
provide the Agency, unless otherwise provided in this Agreement, with such
reports as are enumerated in this Agreement. The reports shall be provided within
60 days of termination or conclusion unless written extension is granted for
extenuating circumstances.
Overpayments, Disallowances and Billing Disputes
Billing disputes, wherein the itemized listing submitted by PAAM to the Agency
does not agree with the Agency's records of case referrals to the County and
which cannot be mutually resolved by the parties, shall be resolved in favor of the
Agency.
Any overpayment to PAAM or the County, or an audit exception disclosed by
federal audit, shall be conclusive and binding on the parties and shall be
reimbursed to the Agency by the County and PAAM in proportion to their receipt
of payments. A federal audit exception justifying an order for repayment shall be
limited to whether overpayment was made for prosecution activities on
Agency-referred welfare fraud cases, as those activities and cases are herein
defined. A violation of the general provisions and requirements of this contract
may be grounds for contract termination as to future activities only. Repayment
of improperly reimbursed monies shall be limited to actual amounts reimbursed,
not to include penalities or interest.
The prosecutor shall not be liable for any repayment, overpayment, or
disallowance of funds received by the County pursuant to this agreement.
J. Present Agency Policy Application
Cases presented by the Agency for prosecutive review are to be in accordance
with Agency policy. For purposes of this Agreement, "Welfare fraud cases"
means cases in which assistance or relief is acquired by any person to which he or
she is not entitled, under circumstances which constitute a violation of the
criminal statutes of the State of Michigan, and a component of the assistance or
relief given is food stamps authorized by USDA, or assistance funded in whole or
in part by the United States Agency of Health and Human Services (HHS).
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K. Agreement Inclusiveness/Amendment
This agreement contains all the terms and conditions agreed upon by the parties.
No other understanding, oral or otherwise, regarding the subject mater of this
agreement shall be deemed to exist or to bind any of the parties. When there are
changes in State or Federal law or regulation that, in the opinion of the Agency,
require amendment of the contract, the Agency shall prepare the proposed
amendment and PAAM and the Agency shall amend this agreement. The
Prosecutor and the County shall be notified in writing by PAAM of the
amendment and its effective date. Subject to any party's right to cancel this
agreement under Section I, G., the amendment will automatically take effect on
the date specified without the need for any further action by the parties. Except as
provided in Section I, L, this agreement may otherwise be amended only by the
written consent of all the parties hereto.
L. Rate Changes
Future changes in the reimbursement rates for prosecution activities, contained in
Sections II, B; DI, D; and IV, A, may be made by written agreement between the
Agency and PAAM. Whenever PAAM and the Agency agree upon such a
change, the Prosecutor and the County shall be notified in writing by PAAM of
the changes, and the effective date of their implementation. If neither the
Prosecutor or the County object in writing to PAAM, within 45 days of receipt of
said changes, the new rates will become effective. If objected to, the changes in
reimbursement rates will not take effect without the written consent of all parties
hereto.
II. RESPONSIBILITIES OF PAAM
A. To provide the Agency with the information necessary to obtain approval from
USDA and HHS for the funding of prosecution activities.
1. Description of prosecution activities assigned to the unit which will be
claimed.
2. Copy of statutes under which Welfare fraud is prosecuted.
3. Description of the coordination between investigative units and the
prosecution units.
4. Description of the process by which prosecuting attorneys authorize
charges and pursue prosecution activities on Welfare fraud cases.
B. Complete and submit to the Agency in county order, the following report listing
prosecutive activities throughout the 83 counties of the state subject to funding
under this Agreement.
1. Name of defendant (last, first, middle initial).
2. Welfare case name, if applicable (if different than defendant).
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3. Welfare case number, if applicable.
4. Type of prosecution activity:
a) Cases referred to the Prosecutor by the Agency and disposed of by
the Prosecutor, after the review and evaluation of relevant
investigative material and consultation with Agency investigators,
without the authorization of criminal charges or other court action.
These cases will be billed under Fee Code A.
b) Cases referred to the Prosecutor by the Agency, that are charged
and settled by plea or otherwise disposed of by the Prosecutor in
District Court, without a preliminary examination. These cases
will be billed under Fee Code B.
c) Cases referred to the Prosecutor by the Agency, that are charged
and settled by plea or otherwise disposed of by the Prosecutor in
Circuit or Recorders Court, after preliminary examination or
waiver thereof. These cases will be billed under Fee Code C.
d) Cases referred to the Prosecutor by the Agency, that are charged
and settled by plea, court verdict, or otherwise disposed of by the
Prosecutor after trial. These cases will be billed under Fee Code
D.
5. Fee Code
a) A = $250.00
b) B= $300.00
c) C = $500.00
d) D = $650.00
6. Defendant's social security number, if available.
7. The type of welfare fraud that occured in each case regarding programs
administered by HHS, USDA, and the State of Michigan.
C. Implement an automated reporting system that will compile the information
submitted by the County. Match it to the DSS-1835's submitted to the Agency,
and prepare an aggregate report of activities and billing form.
D. Service Documentation
PAAM agrees to maintain records required by the Agency and to produce
narrative and statistical data at times prescribed by, and on forms furnished by,
the Agency.
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E. Fiscal Requirements
PAAM shall maintain a record system that documents the total number of units of
service as defined in this Agreement and delivered during the term of this
Agreement. These records shall also document the specific units billed to the
Agency under this Agreement.
F. Billing Method
The Unit Rate Billing Method shall be used in claiming reimbursement under this
Agreement.
G. Billing Procedure
PAAM shall submit quarterly a "Statement of Expenditures", to the Agency. This
Statement shall indicate the units of service delivered, the reimbursement rate by
type of service, and the total amount being claimed.
H. PAAM shall transmit quarterly payments to the Prosecutor upon receipt of same
from the Agency.
J. Retain 10% of the amount being reimbursed to the county for administering this
contact, plus any interest accrued between the time of receipt of payment from
the Agency and the Counties cashing of its check.
III. RESPONSIBILITIES OF THE PROSECUTOR
A. Accept referrals of welfare fraud cases made by the Agency and prosecute such
cases in accordance with the Prosecutor's discretion exercised pursuant to the
constitution, statutes, and case law of Michigan.
B. To recommend that the following actions be taken on each case in addition to the
sentence imposed.
1. The individual be disqualified from participation in any welfare benefits
program funded in whole or in part by HHS or USDA.
2. The individual be ordered to repay the Agency the amount of Welfare
benefits received through fraud.
C. To initiate appropriate action against individuals who fail to comply with court
ordered restitution or valid repayment agreements upon notification from the
Agency, in accordance with the Prosecutor's discretion exercised pursuant to the
constitution, statutes, and case law of Michigan.
D. Complete and submit monthly to PAAM a billing statement including:
1. Name of defendant (last, first, middle initial).
2. Welfare case name, if applicable (if different than defendant).
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective officers duly authorized to do so.
Dated at , Michigan Prosecuting Attorneys Association
(city) of Michigan
this day of ,19_ By:
Witness:
(signature)
Signature of Legal Representative
Dated at LANSING, Michigan FAMILY INDEPENCE AGENCY
(city)
this day of , 19 By:
Director
Witness:
(signature)
Dated at , Michigan Oakland County Board of Commissioners
(city)
this day of ,19_ By:
Witness:
(signature)
Dated at , Michigan Oakland County
(city)
this day of , 19 By:
Prosecuting Attorney
Witness:
(signature)
HAUSERS\LOUANN4WPWSSCONTRACWAKLAND.WPD
3. Welfare case number, if applicable.
4. Type of prosecution activity:
a) Cases referred to the Prosecutor by the Agency and disposed of by
the Prosecutor, after the review and evaluation of relevant
investigative material and consultation with Agency investigators,
without the authorization of criminal charges or other court action.
These cases will be billed under Fee Code A.
b) Cases referred to the Prosecutor by the Agency, that are charged
and settled by plea or otherwise disposed of by the Prosecutor in
District Court, without a preliminary examination. These cases
will be billed under Fee Code B.
c) Cases referred to the Prosecutor by the Agency, that are charged
and settled by plea or otherwise disposed of by the Prosecutor in
Circuit or Recorders Court, after preliminary examination or
waiver thereof. These cases will be billed under Fee Code C.
d) Cases referred to the Prosecutor by the Agency, that are charged
and settled by plea, court verdict, or otherwise disposed of by the
Prosecutor after trial. These cases will be billed under Fee Code
D.
5. Fee Code
a) A = $250.00
b) B = $300.00
c) C = $500.00
d) D = $650.00
6. Defendant's social security number, if available.
7. In cases where a warrant has been issued and placed in LElN, and the
defendant has not been apprehended for one year from the date of issuance
of the warrant, or from the date of absconding on bond, the Prosecutor
may bill the Agency for prosecution activity expended to date. When
defendant is apprehended and the prosecution resumed, the Prosecutor
may rebill the Agency for additional prosecution activity undertaken to
bring the case to disposition at a higher rate level than the rate previously
billed for that case, less the amount previously billed. Cases billed under
this section shall be separately identified for reimbursement by the
Prosecutor.
IV. RESPONSIBILITIES OF THE AGENCY
A. Payment
The Agency shall make quarterly payment to PAAM approximately four weeks
after receipt by the Agency of federal funds for this purpose and PAAM's
"Statement of Expenditures". Payment shall be 50% of the rate per unit of service
for the following prosecution activity in Welfare fraud cases as defined in section
I, J. Payment per unit of service shall be prorated between the various types of
welfare fraud that occured under programs administered by USDA, HHS, and the
State of Michigan. Payment shall not be made for the State of Michigan's share.
Service Rate
$250.00 Cases referred to the Prosecutor by the
Agency and disposed of by the Prosecutor,
after the review and evaluation of relevant
investigative material and consultation with
Agency investigators, without the authorization
of criminal charges or other court action.
Cases referred to the Prosecutor by the Agency, $300.00
that are charged and settled by plea or otherwise
disposed of by the Prosecutor in District Court,
without a preliminary examination.
Cases referred to the Prosecutor by the Agency, $500.00
that are charged and settled by plea or otherwise
disposed of by the Prosecutor in Circuit or Recorders
Court, after preliminary examination or waiver thereof.
Cases referred to the Prosecutor by the Agency, $650.00
that are charged and settled by plea, court verdict,
or otherwise disposed of by the Prosecutor after trial.
B. To investigate cases of suspected welfare fraud and to refer appropriate cases to
the Prosecuting Attorneys of Michigan or the Michigan Department of Attorney
General, as applicable, for action as provided under Michigan law.
C. To provide the necessary records and appropriate Agency staff as witnesses in
court when referred cases of suspected welfare fraud are being prosecuted.
D. To take necessary action to obtain federal matching funds.
E. To prepare DSS-1835 A or B forms, or other agreed upon report, and submit
copies to PAAM. The forms or report shall identify the type of welfare fraud
involved in the case by program area between programs funded by FIRS, USDA,
or the State of Michigan.
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Resolution #97120 May 22, 1997
The Chairperson referred the resolution to the Finance and Personnel
Committee. There were no objections.
FISCAL NOTE (M.R. #97120) June 12, 1997
BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - COOPERATIVE AGREEMENT BETWEEN OAKLAND COUNTY,
OAKLAND COUNTY PROSECUTOR'S OFFICE, FAMILY INDEPENDENCE AGENCY AND PROSECUTING
ATTORNEYS ASSOCIATION OF MICHIGAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above referenced resolution and finds:
1. The resolution authorizes a contract between Oakland County, the
Oakland County Prosecuting Attorney and the State of Michigan's
Family Independence Agency and the Prosecuting Attorneys Association
of Michigan for the investigation and prosecution of welfare and
food stamp fraud cases.
2. The Family Independent Agency will pay a fee to the County based on
a fee code outlined in the agreement which is estimated to result in
annual revenue of $30,000.
3. The resolution does not oblige the County to any future commitment.
4. The FY1997 and FY1998 budgets will be amended to reflect the
additional revenue once an experience level has been established.
FINANCE AND PERSONNEL COMMITTEE
Resolution #97120 June 12, 1997
Moved by Taub supported by Jensen the resolution be adopted.
AYES: Pernick, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine,
Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
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I HEREB AP 0 yr P -,7GOING
-.4deolobegft,„ 4//r/f7
L. Brooks Patters. County Executive Date
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 June 12, 1997 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 12th day of June 1997.
. Allen, County Clerk