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HomeMy WebLinkAboutResolutions - 2001.06.14 - 26435MISCELLANEOUS RESOLUTION # 01161 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL — FY 2000-2001 CHILD PROTECTION/ COMMUNITY PARTNERS GRANT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS Oakland County Government was selected by our community's multipurpose collaborative body (i.e., the Oakland County Human Services Coordinating Council) in accordance with Michigan Family Independence Agency (MFIA) policy and Oakland County Board of Commissioners resolution (#96053) to serve as its alternate fiduciary; and WHEREAS MFIA has notified Oakland County that funding in the amount of $331,170 for the period of October 1, 2000, through September 30, 2001, is available to provide ongoing support for the activities of the Oakland County Human Services Coordinating Council, including functioning as the contractor and administrator for any grants received; and WHEREAS this is the third year of an ongoing grant and no grant application was needed; and WHEREAS the primary purpose of this program is to address the increasing number of reported cases of abuse or neglect by targeting activities and services for at- risk children and families in unsubstantiated child protective services cases or low-risk substantiated cases; and WHEREAS the funding in question is 100% state and federal money passed through MFIA; and WHEREAS the grant funds will continue to cover 100% of the program cost and no additional County resources, including personnel, are required; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS this grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures; and WHEREAS during the last and current fiscal years MFIA has delayed providing final contract language and failed to negotiate in good faith with Oakland County during the contract negotiation process; and WHEREAS MFIA has threatened to cease all Child Protection/Community Partners-funded services in Oakland County unless Oakland County signs its final contract offer; and Page 1 of 3 WHEREAS MFIA's final contract offer contains contract language that is illegal (violation of MCL 691.1407) and/or penalizes Oakland County and its prospective human services providers for MFIA's failure to have proposed MFIA contract language completed and ready for Oakland County review prior to the start of the 2000-2001 fiscal year; and WHEREAS this grant acceptance is recommended for approval with modification. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2000-2001 Child Protection/Community Partners Grant in the amount of $331,170. BE IT FURTHER RESOLVED that this acceptance is specifically conditioned upon the MFIA's agreement to the following contract language changes to its final offer for a fiduciary contract, to wit: • Deletion of the final sentence of the first paragraph of Section I.L. in the proposed agreement (page 9), specifically, "In no event, shall the FIA make payment to the contractor for billings submitted more than 90 days after the end of the billing period." • Deletion of the final sentence of the only paragraph in Section III.K. in the proposed agreement (page 14), specifically, "the Contractor shall be respon- sible for the performance of all assignees or subcontractors." • Deletion of the language under Article IV. of Amendment #1 to the proposed agreement (page 2 of Amendment #1), specifically, "In the event that the Contractor is audited by FIA and as part of the audit non-compliance is cited for the HSP, the Contractor is responsible to refund to FIA all disallowed costs related to the HSP's non-compliance." • Deletion of the second sentence in the preamble of Section K, under Article VII of Amendment #1 to the proposed agreement (page 3 of Amendment #1), specifically, "the Contractor shall be responsible for the performance of all assignees or HSP' s." BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners' approval of the above-referenced contract is specifically conditioned and premised upon the Michigan Family Independence Agency's concurrence in the terms and conditions contained in the new Section III.W. of the agreement entitled AGREEMENT EXCEPTIONS AND LIMITATIONS as added by the County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute this agreement subject to the following additional condition: That the County's approval for entering into this agreement is specifically conditioned and premised upon the acceptance, approval, and Page 2 of 3 execution of the agreement containing the new Section III.W. and the deletion of the language referenced above by the Michigan Family Independence Agency and that the failure of the Michigan Family Independence Agency to execute the agreement as specified shall, without any further act of the Oakland County Board of Commissioners, automatically negate and void the County's approval and/or acceptance of this agreement as provided for in this resolution. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of the special revenue positions in the grant are contingent upon continued future levels of grant funding. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute this agreement, any changes and extensions to the agreement not to exceed fifteen percent (15%) which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Page 3 of 3 FISCAL NOTE(MISC. #01161) BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF HUMAN SERVICES/HUMAN SERVICES COORDINATING COUNCIL-FY2000-2001 CHILD PROTECTION/COMMUNITY PARTNERS GRANT APPLICATION/ACEPTANCE 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 Family Independence Agency notified the Oakland County Department of Human Services/Human Services Coordinating Council that they have been awarded continued funding totaling $331,170. 2. The funding is to provide ongoing support to address the increasing number of reported cases of abuse or neglect by targeting activities and services for at-risk children and families in unsubstantiated child protective services cases or low-risk substantiated cases. 3. The grant period is from October 1, 2000, through September 30, 2001. This is the third year of an ongoing grant and no grant application is needed. 4. The grant funds cover 100% of the program cost, no additional County resources, including personnel, are requested. 5. The following amendment to the FY2001 Budget is recommended: REVENUE 1-16-277101-12000-0171 Grants - State EXPENSES 2-16-277201-12000-2001 Salaries 2-16-277201-12000-2075 Fringe Benefits 2-16-277201-12200-2572 Contracted Svs. FY2001 $331,170 24,761 8,356 298,053 $331,170 FINANCE COMMITTEE 1-.3E;YDROYE4HE FORPV)ING RESOLUTIO' illiam Caddell, County Clerk Resolution #01161 June 14, 2001 Moved by Patterson supported by Gregory the resolution be adopted. AYES: Galloway, Garfield, Gregory, Law, Melton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. L: Brooks Pa County Executtve STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 14, 2001 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 le h day ofAiune, 2001. Page 4 of 4