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Home My WebLink AboutResolutions - 2001.10.11 - 26593MISCELLANEOUS RESOLUTION #01255 October 11, 2001 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: CIRCUIT COURT/FRIEND OF THE COURT - FY 2002 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency, Office of Child Support has approved the Oakland County Friend of the Court's FY 2002 Title IV-D Cooperative Reimbursement Program (CRP) Contract, effective October 1, 2001 through September 30, 2002; and WHEREAS the FY 2002 Title IV-D program totals $10,467,311 of which $22,689 will be funded by fees collected, with the balance, $10,444,622, funded by the State, ($6,893,451, 66%) and the County portion of ($3,551,172, 34%), which includes a contract funded State supplement allocation of $444,789; and WHEREAS the requested County match is included in the Circuit Court budget; no additional General Fund appropriation is required; and WHEREAS acceptance of this contract 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 accepts the FY 2002 Cooperative Reimbursement Program Contract through September 30, 2002 for the Friend of the Court in the amount of $7,338,240 (Title IV-D program ($6,893,451 and State supplement $444,789). 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 the 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 Finance Committee, I move the adoption of the foregoing resolution. FINANEE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Douglas absent. UEST Initial I I Revision # Extension Other * Final Date: No Is Board Resolution required? Yes - Resolution # Disapproved * Modify * Date: 0 Signature: PERSONNEL DEPT: Approved Date: 91/4 Slai Sig RISK MANAGEMENT AND SAFETY: rI CZ1 Approved Disapproved * Modify * C CONTRACT/PROGRAM REVIEW Date: September 21, 2001 To: Stefania Rodgers From: Joe Salamone Title/Subject: FY 2002 Cooperative Reimbursement Program Contract Acceptance File # Department: Circuit Court/ FOC Contact Person: Joe Salamone Telephone #: 80431 STATUS: (Check appropriate box) * If "other" is checked, please explain: MANAGEMENT AND BUDGET: Disapproved * I I Modify * Date: CORPORATION COUNSEL: fAApproved Disapproved * Modify * Date: CONTRACT/PROGRAM SYNOPSIS: Approved * When "Disapproved" is noted or "Modify" is requested, attach explanation. Risk Management 8t Safety — Revised 2/98 GATerry's Files \Word '97\Sanzica\Watershed \CONTRACT-PROGRAM REVIEW REQUEST.doc - ''; - ! : v OAKLAND COUNTY CORPORATION COUNSEL INTEROFFICE MEMO OCT-02-2001 TUE 09:48 AM OAKLAND CNTY FISCAL SERV FAX NO. 248 858 9724 P. 02 4-10 To: Joseph Salamone, Friend of the Court Stefania Rodgers From: Karen Agacinsld, Assistant Corporation Counsel VA- File: 2001-0687 Date: September 26, 2001 Re: FOC/FIA Cooperative Reimbursement Contract Application for Fiscal Year 2002 ISSUE This cooperative reimbursement contract was sent to our office for review. There appear to be no outstanding legal issues which require resolution at this time. DISCUSSION When this Office reviewed the contract application, a number of changes in contract language outlined by F1A in its cover letter were problematic. However, when F1A sent the actual contract for review and signature, the proposed changes were not included. The contract contains essentially the same terms and conditions included in the contract for the past several years. In addition, this Office has obtained F1A's written approval of the County's practice of self-insuring and has written to FIA suggesting a more collaborative approach to drafting next year's contract language. Two continuing obligations of the County and the Court merit mention. In entering into this agreement, the County and the Court should be aware of the continuing obligation to complete a new lobbying disclosure form at the end of any calendar quarter in which certain changes regarding the amount spent on lobbying, a change in staff or a change in those who are being lobbied occurs and to pass the obligation on to any subcontractors. In addition, since this Contract includes money for personal property, care must be taken to adequately track any property acquired with F1A funds as the County and Court assume the obligation to give the property to FIA or to pay a pro rata share of the items value if the contract is not renewed in succeeding years. PRIVILEGED AND CONFIDENTIAL ATTORNEY / CLIENT COMMUNICATION OCA 241215 PCA 71000 FY 2001 Adopted Budget/Award FY 2002 Application FY 2002 Award FY 2002 Budget Increase (Decrease) ATTACHMENT A CIRCUIT COURT - FAMILY DIVISION / FRIEND OF THE COURT FUND Oakland County Cooperative Reimbursement Program Grant FY 2001 Budget compared to FY 2002 Award Positions 97.92 Personnel $ 6,384,438 Total Personnel Cost $ 6,384,438 $ 651,777 1,439,322 292,470 Total Operating Costs $ 2,383,569 GRANT TOTAL $ 8,768,007 111.93 $ 7,705,988 $ 7,705,988 $ 336,199 1,395,155 1,029,969 $ 2,761,323 $10,467,311 111.93 $ 7,705,988 $ 7,705,988 $ 336,199 1,395,155 1,029,969 $ 2,761,323 $10,467,311 14.01 $1,321,550 $1,321,550 17.15% $ (315,578) (44,167) 737,499 $ 377,754 13.68% $1,699,304 16.23% Operating Data Processing Other Direct Central Services Variance of FY 2001 Award to 2002 Award $ 1,699,304 16.23% State Share $ 5,765,481 County Share 2,525,307 State Supplement 444,789 Other Income 32,430 65.76% $ 6,893,451 28.80% 3,106,382 5.07% 444,789 0.37% 22,689 65.86% $ 6,893,451 29.68% $ 3,106,382 4.25% $ 444,789 0.22% 22,689 65.86% 29.68% 4.25% 0.22% REVENUE TOTAL $ 8,768,007 $10,467,311 $10,467,311 Prepared by Fiscal Services 9/28/01 COUNTY PROVIDER _X FOC PA COMBINATION FUNDING YEAR 2002 CONTRACT No. CS/FOC-02-63001 OAKLAND STATE SUPPLEMENT TOTAL STATE FUNDING 444,789 7,338,240 IV-D COOPERATIVE REIMBURSEMENT CvNTRACT BUDGET A. CONTRACT DESCRIPTION COLUMN! COLUMN II _ COLUMN III . PROPOSED PROVIDER'S IV-D TOTAL B. ALLOCATION FACTORS BUDGET ELIGIBLE BUDGET 1. Total FTE Postions (FOC, PA, COMB) 111.93 148.00 A. Enforcement (FOC &JOR come) 111.93 118.20 B. Establishment (PA &/OR COMB) 2. % of Total FTE's (IV-D Allocation Factor) 75.63% 100.00% A. Enforcement (FOC &/OR COMB) 75.63% 79.87% B. Establishment (PA 8/OR awe) 3. Caseload % (FOC & cow) - 94.70% 100.00% PROPOSED PROVIDER'S IV-D TOTAL C. BUDGET CATEGORIES BUDGET ELIGIBLE BUDGET 1. Personnel $ 7,705,988 $ 10,189,213 • 2. Data Processing $ 336,199 $ 444,538 3. Other Direct $ 1,395,155 $ 1,844,760 4. Central Services $ 1,029,969 $ 1,361,873 5. Paternity Testing (PA/COMB Only) $ - $ - 6. Total Budget $ 10,467,311 $ 13,840,384 _ . 7. Service Fees (FOC & COMB Only) $ - $ (120,000) 8. Mediation Fees (FOC & COMB) NOT APPLICABLE $ (30,900) 9. Other Income (Describe) $ (22,689) $ (30,000) 10. Net Budget $ 10,444,622 $ 13,659,484 11. County Share @ 34% $ 3,551,172 12. State Share @ 66% $ 6,893,451 ia. •'..Z.I.:I .476. '1,7:„ „ ' MAXIMUM NET IV-D EXPENSES UNDER STATE CAP (OVER STATE CAP) $ 12,920,170 2,475,548 7/13/01 ACTUAL SUMMARY 3:57 Actual FY 1999 A. ACTUAL Actual FY 2000 FISCAL YEAR (FY) 2002 SECTION III - PERFORMANCE INDICATORS FRIEND OF THE COURT (ENFORCEMENT & COLLECTION SERVICES) COMBINATION COUNTY OAKLAND PROVIDER FOC CONTRACT NO. CS/FOC-02-63001 The following activity and collection levels are projected as indicators of (V-D program performance anticipated during the FY 2002 contract with the resources budgeted in Section IV of this Application. NOTE: References to "Line" refer to forms indicated. References to "Row" refer to this form. Column a Column b Column c Column d Difference (Col b minus • Col a) % Change I (Col c divided by Col a) •_ _ _ , _ , 1. Total Current/Former Assistance Cases 20,638 19,685 (953) -4.62% (Lines 26 + 2C of FIA-284A) 2. Total Never Assistance Cases 23,247 24,947 1,700 7.31% (Line 20 of FIA-284A) 3. Total Current/Former Assistance IV-D Collections $ 32,479,067 $ 30,257,833 $ (2,221,234) -6.84% ((Lines 256 + 250) + (Lines 278 + 27C) of FIA-284A) 4. Total Never Assistance IV-D Collections $ 103,998,988 $ 120,263,736 $ 16,264,748 15.64% (Lines 250 + 270 of F1A-284A) 5. Total IV-D Net Expenditures $ 8,932,440 $ 7,991,316 $ (941,124) -10.54% (Total Line 10 of all FIA-288s for Fiscal Year) 6. Case Cost Benefit Indicator - Cost per Case $ 204 $ 179 $ (24) -12.03% (Row 5 divided by (Rows 1 + 2) of this form) 7. Collection Cost Benefit Indicator - Collections per Dollar Expended $ 15.28 $ 18.84 $ 3.56 23.28% ((Rows 3 +4) divided by Row 5 of this form) B. Projections Column e Column f Projected FY 2001 Projected FY 2002 8. Total Current/Former Assistance Cases FY 2001= (Row 1b x Row 1d) + Row 1b 18,776 17,909 FY 2002= (Row 8e x Row 1d) + Row 8e 9. Total Never Assistance Cases FY 2001= (Row 2b x Row 2d) + Row 2b 26,771 28,728 FY 2002= (Row 9e x Row 2d) + Row 9e 10. Total Current/Former Assistance IV-D Collections FY 2001= (Row 3b x Row 3d) + Row 3b $ 28,188,197 $ 26,260,124 FY 2002= (Row 10e x Row 3d) + Row 10e 11. Total Never Assistance IV-D Collections FY 2001= (Row 4b x Row 4d) + Row 4b $ 139,072,984 $ 160,823,999 FY 2002= (Row 11e x Row 4d) + Row lie 12. Total IV-D Net Costs FY 2001= 2001 CR Contract Budget Page, Section C, Column II, Line 10 (Net Budget) $ 8,768,007 $ 10,444,622 FY 2002= 2032 CR Contract Budget Page, Section C, Column II, Line 10 (Net Budget) 13. Case Cost Benefit Indicator FY 2001= Row 12e divided by (Rows 8e +9e) $ 193.00 $ 224.00 FY 2002= Row 121 divided by (Rows 8f + 91) 14. Collection Cost Benefit Indicator FY 2001= (Rows 10e +11e) divided by Row 12e $ 19.00 $ 18.00 FY 2002= (Rows 101 + 11f) divided by Row 121 C. Explanation of Projections Calculation (if Other than Above Percentage Used): 7/13/01 - 3 FOC- FY 2002 SECTION II- MANAGEMENT PLAN COUNTY OAKLAND CONTRACT # CS/FOC-02-63001 PROVIDER X FOC PA COMBINATION A) PROGRAM PURPOSE - 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 need projections in support of the program purpose and in accordance with the Title IV-D State Plan for Michigan. B) ACTIVITIES AND RESPONSIBILITIES - As a provider of Title IV-D services and sub-recipient of federal financial assistance, the activities and responsibilities reflected in Section II of the agreement will be performed in accordance with the requirements of Title !V-D of the Social Security Act, implementing federal regulations and applicable state statutes. C) COOPERATIVE REIMBURSEMENT SUPERVISOR - Name, title, mailing address and telephone number of the designated person with responsibility for the cooperative reimbursement goals and operations (FOC or PA) within the program provider's office Joseph G. Salamone Friend of the Court 230 Elizabeth Lake Road P.O. Box 436012 Pontiac, Michigan 48343-6012 248-858-0431 D) FINANCIAL OFFICER - Name, title and mailing address of the official or designee(s) authorized by the Contractor to sign the Title IV-D Cooperative Reimbursement Expenditure Report (FIA-286), certifying that the expenditures reported are accurate and allowable for Title IV-D reimbursement. Jeffrey C. Pardee Director- Management and Budget 1200 N. Telegraph Road Pontiac, Michigan 48343-6012 248-858-0940 E) ORGANIZATION CHART - (Attach to Application) F) POSITION DESCRIPTIONS - (On file in the contractor/provider office) NOTE: For new or revised positions, attach descriptions. G) DOCUMENTATION OF JOINT PERSONNEL COSTS - The methodology to be used as the basis for claiming reimbursement of personnel and other allowable costs related to providing the IV-D services is: X 1) PERSONAL ACTIVITY REPORT (PAR) 2) MONTHLY CERTIFICATION THAT ALL COSTS CLAIMED PERTAIN TO EMPLOYEES WORKING 100% ON IV-D ACTIVITIES (PA ONLY) N/A 3) RANDOM MOMENT SAMPLING WHEN AVAILABLE 7/13/01 - 2 - 3:57 PM 0,00" STATE OF MICHIGAN FAMILY INDEPENDENCE AGENCY Office of Child Support 235 S. Grand Avenue Suite 1215 PO Box 30478 Lansing, MI 48909-7978 Tel: (517) 373-7570 Fax: (517) 373-4980 www.mfia.state.mius liakt; • JOHN ENGLER. Governor September 18, 2001 Joseph G Salamone Friend of the Court Oakland County 230 Elizabeth Lake Road P0 Box 436012 Pontiac MI 48343-6012 Re: Fiscal Year 2002 Title IV-D Cooperative Reimbursement Contract for Oakland County - CS/FOC-02-63001 Dear Mr. Salamone: Two copies of the Cooperative Agreement, one Lobbying Certificate and a copy of your application are enclosed. Please have the signature actions specified below completed and sent to this offiorz on or before October 15 2001 . 1. Sign, date and witness both Agreements (Chief Circuit Court Judge, Friend of the Court, Prosecuting Attorney, or designee). 2. Have the program Contractor (Chair, County Board of Commissioners or designee) sign, date and witness both Agreements and the Lobbying Certificate (contract is $100,000 or more). 3. Return to this Office at the above address, both signed Agreements and Lobbying Certificate (originals). • 4. Retain enclosed application for your files. After receipt of the documents, we will obtain the signature of the Director of the Family Independence Agency and return a fully executed Agreement to you. Sincerely, o Cheryl A. Daum Director, Field Operations Enclosures cc: Vicki Appleyard, Contract Manager, OCS Contract No: County: Contract Amount: Method of Payment: CS/FOC-02-63001-1 OAKLAND $10,444,622.00 Actual Cost AGREEMENT between MICHIGAN FAMILY INDEPENDENCE AGENCY and 235 South Grand Avenue P 0 Box 30037 Lansing, Michigan 48909 THE COUNTY OF OAKLAND County Bldg, 1200 N Telegraph Rd Pontiac, MI 48341 This Agreement, effective October 1, 2001 through September 30, 2002, is by and between the Family Independence Agency, (hereinafter referred to as "FIA"), the County of OAKLAND, a public organization, (hereinafter referred to as "Contractor"), and the Chief Circuit Judge for the Court (hereinafter referred to as "Court"). I. CONTRACTOR AND COURT DUTIES AND RESPONSIBILITIES Contractor, through the Court, shall enforce and seek modification of all support orders for which it has jurisdiction over. As subrecipients of Federal Financial Assistance, Contractor and Court shall comply with all requirements of Title IV-D of the Social Security Act, and shall implement all applicable federal regulations and requirements, statutes, court rules, and FIA policies and procedures that relate to establishing paternity and enforcing support orders, by using the automated Michigan Child Support Enforcement System, the Friend of the Court Manual Section 4000, the Prosecuting Attorney Handbook, the Friend of the Court and Prosecuting Attorney Letters, Office of Child Support (OCS) IV-D Combined Manual and the Michigan IV-D Action Transmittals (hereinafter referred to as "Title IV-D Standards"). A. Services The Court shall: 1. Make IV-D services available to all eligible persons. 2. Maintain records and provide collection services. 3. Enforce support obligations using all appropriate procedures including, but not limited to: 1 a. Wage or Income Withholding • b. State Tax Offset c. Federal Tax Offset d. Withholding of Unemployment Compensation Benefits e. Imposition of Liens f. Posting Security, Bond or Guarantee for overdue support g. Information to Consumer Reporting Agency h. Use Guidelines for Setting Support Amounts i. Spousal Support Enforcement when there is an applicable order j. Medical Support k. License Suspension I. Contempt Proceedings m. Use appropriate interstate enforcement action n. Financial Institution Data Match o. Other, as specified by Federal IV-D Regulations and Requirements, State Statutes 4. Review and Modify Support Orders using the guidelines as set forth in the "Michigan Child Support Formula Manual". 5. Initiate locating action 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 e. Records Maintenance B. Reports Contractor and Court shall prepare, complete and submit the following reports in the cycles indicated, to the units named: 1. Form: FIA-286 - Title IV-D Cooperative Reimbursement Expenditure Report, including appropriate time documentation. Cycle: Due by the fifteenth (15) working day after month of service To: OCS, Contract Manager Office of Child Support Local County Family Independence Agency 2 2. Form: FIA-284 - Friend of the Court Title IV-D Quarterly Report of Collections Cycle: Due by the tenth (10) working day after the Quarter's end To: Family Independence Agency Office of Child Support — Lansing 3. Form: FIA-820 - Support Collection Refund/Reimbursement Request Cycle: As needed in accordance with MFOC Section 4000, Chapter 650 To: Family Independence Agency Payment Document Control - Lansing 4. Form: FIA-284A - Friend of the Court Child Support Enforcement Annual Data Report Cycle: Due by October 25th To: Family Independence Agency Office of Child Support - Lansing 5. Form: FIA-29 - Financial Deposit Report (Accompanied by bank deposit slips and listing of individual items for an-y-ADC-F-,--State-ward-Gharge-baek-as required- by MFG& Section-40001 Chapters 620 and 630) Cycle: Varies with FOC from daily to weekly To: Family Independence Agency Cashier Office - Lansing 6. Form: Reports of TANF collections by approved electronic format Cycle: By the dates specified in MFOC Section 4000, Chapter 640 To: Family Independence Agency CSES - Lansing 7. Form: FIA-316 or collection report requesting correction of distributed support collections Cycle: No regular cycle: process as received To: Family Independence Agency Office of Child Support — Lansing 8. Form: FIA-4518 Report of Client Received Support Cycle: As needed in accordance with MFOC Section 4000, Chapter 615 To: Local OCS Support Specialist 9. Form: Bank Reconciliation Report Cycle: Monthly To: Office of Child Support — Lansing 3 10. Form: Detailed statement of reinvestment of incentives on F IA approved non- IV-D activities. (2 copies) Cycle: Due by the tenth (10) working day after the end of the quarter To: OCS, Contract Manager - Office of Child Support Local County Family Independence Agency C. Client Grievance System Each Court 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 HA upon request. D. Statewide Automated System Contractor and Court hereby agree to cooperate in meeting the federal requirement fdt7-§-tatewicle automated system and agree to use the automated Michigan Child Support Enforcement System (hereinafter referred to as "System") for processing intra- and inter- state data pursuant to Title IV-D Standards throughout the life of this Agreement, and thereby agree to comply with all IV-D, OCS, Child Support Enforcement, and FIA reporting requirements. E. Applicable Costs Contractor and Court, as subrecipients of Federal Financial Assistance, agree to abide by applicable provisions of the Cost Principals for State and Local Governments issued by the Federal Office of Management and Budget Circular No. A-87. This Circular provides cost principles to be used in determining the availability -of Federal Financial Assistance for Child Support Enforcement activities under Title IV-D of the - Social Security Act. If any staff funded in part or in whole by IV-D funds do not work full time on IV-D matters, detailed time-records for such employees are required to document the amount of time spent on reimbursable activities. F. Billing Method 1. The Actual Cost Reimbursement Method shall be used to claim reimbursement under this Agreement. The Cooperative Reimbursement Budget is attached hereto and made a part of this Agreement. The Budget and Application detail the amount and object of expenditures for which Contractor and Court shall use funds paid under this Agreement. Contractor and Court shall follow and adhere to the Budget. Only actual costs may be billed. 4 it 2. Contractor and Court must obtain written approval from FIA to increase or decrease line items in the budget. Contractor's and Court's request for FIA's approval must contain sufficient information to allow FIA to identify which budget line items are to be increased, which line items are to be decreased, the reason for change, the programmatic impact of the budget changes and must stay within the originally approved budget total. The person authorized to approve budget revisions is the Director, Office of Child Support, F1A. 3. Actual costs may include the cost of fringe benefits provided for Contractor and Court employees funded by this Agreement, in the same proportion as those employees are engaged in IV-D reimbursable activities. Further, those fringe benefits shall be no greater than fringe benefits provided to similar non-IV-D employees. Fringe benefits may include longevity, vacation, personal leave, holiday, sick leave, medical, dental, optical, life insurance, disability insurance, retirement, social security, workers compensation, and unemployment insurance. G. Billing Procedure C-ontractorand-Goart-snaltsubmita-month-IrTitte—IV=D Cooperative Reimbursement Expenditure Report," (Form F IA-286) detailing program-related expenditures. The FIA-286 shall indicate actual costs by category of expense in the performance of this Agreement for the period being billed. The FIA-286 shall be submitted within fifteen (15) working days from the end of the monthly billing period to the OCS Contract Manager. For the month of September, billings shall be submitted as directed by FIA to meet fiscal year-end closing deadlines. Reimbursement of billings not meeting FIA fiscal year-end closing deadlines, shall be dependent upon the availability of funds for prior year payment purposes in the applicable FIA current fiscal year appropriation. H. Bonding of Employees Contractor and Court agree to assure that every person who, as a regular part of his or her employment, receives, disburses, handles, or has access to support collections shall be covered by a bond or insurance, or be self-insured with the approval of FIA, in an amount sufficient to protect against loss resulting from employee dishonesty. I. Incentive Payments to Contractor All claims for expenditure reimbursement shall be made in accordance with federal regulations implementing Public Law 105-200, 45 CFR Part 305 and applicable FIA instructions. To remain eligible for State and Federal reimbursement under this Agreement, all Title IV-D Federal incentives received by Contractor must be included in Contractor's share of expenditures covered by this and other IV-D eligible contractual agreements between FIA and Contractor. Any other use of federal incentives for child support activities must have the prior approval of the Director, Office of Child Support, F1A. 5 II. F1A DUTIES AND RESPONSIBILITIES A. Program Administration FIA, 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. FIA shall also distribute program regulations, forms and instructions to Contractor, Court and Prosecuting Attorney through the Friend of the Court Manual Section 4000, Prosecuting Attorney Handbook, Friend of the Court and Prosecuting Attorney Letters, OCS IV-D Combined Manual, and the Michigan IV-D Action Transmittals. B. Payment 1. FIA shall complete its processing of payments to Contractor within thirty (30) calendar days after receipt of Contractor's monthly FIA-286, "Title 1V-D Cooperative Reimbursement Expenditure Report," detailing program related expenditures. Payments shall be made in accordance with the budget attached to arTd macre- part- orthIg-Agreement. For FrA:286- xoenditure Reporff submitted- after the due date, FIA reserves the right to delay processing and payment to the next available cycle. 2. Further, FIA reserves the right to defer or disallow payment of any claim submitted by Contractor or Court for failure to document and provide to FIA any required records, statistics, and reports to FIA as required by this Agreement or as are required by applicable state statutes and federal regulations. . C. Program Compliance Monitoring and Evaluation FIA shall monitor and evaluate Contractor and Court performance for compliance with Title IV-D Standards, all Contractor and Court duties and responsibilities, as identified in § I of this Agreement, and all other terms set forth in this Agreement. Performance compliance shall be measured against federal program standards established to ensure that program services are administered effectively and efficiently. FIA shall request corrective action when a program compliance evaluation indicates areas of substantial non-compliance. D. State Funding Supplement 1. FIA shall provide a State Funding Supplement to Contractor to offset a portion of Contractor's actual net share of costs covered by this Agreement as submitted on F1A-286 Cooperative Reimbursement Expenditure Reports. The amount of the State Funding Supplement allocation for this Agreement is specified in the previously mutually approved Application incorporated into this Agreement by reference. The amount of Contractor's net share of Title IV-D expenditures 15 6 covered by this Agreement cannot be less than the amount of this State Funding Supplement allocation. 2. FIA shall process the State Funding Supplement- to Contractor in three (3) payments. a. The first payment shall be processed within thirty (30) days after receipt and approval of FIA-286 expenditure reports for the first three months of this Agreement. This payment shall be fifty percent (50%) of the State Funding Supplement allocation. b. The second payment shall be processed within thirty (30) calendar days after receipt and approval of FIA-286 expenditure reports for the first six months of this Agreement. This payment shall be forty-five percent (45%) of the State Funding Supplement allocation. c. The third payment, as part of the contract closeout process, shall be either the remaining five percent (5%) of the State Funding Supplement allocation or a propor tiot fately-loweramountifte-gs-th-a-nine-1011-ar—no-Cificof the Agreement's net budget has been expended. This payment shall be processed within thirty (30) calendar days after receipt and approval of final FIA-286 expenditure reports for the twelve months of this Agreement. 3. These funding supplements shall be subject to conditions specified in the § Ill (E) of this Agreement, General Provisions, Examination and Maintenance of Records. E. Incentive Payments to Contractor . FIA shall distribute federal incentive payments to Contractor in accordance with federal regulations implementing Public Law 105-200, 45 CFR Part 305 and applicable Office of Child Support, FIA procedures. F. Maximum Amount of Agreement 1. The maximum amount FIA hereby agrees to pay Contractor for services as defined by the terms of the Agreement is TEN THOUSAND FOUR HUNDRED FORTY- FOUR THOUSAND SIX HUNDRED TWENTY-TWO AND NO/100 DOLLARS ($10,444,622.00). 2. The maximum amount of costs to be reimbursed by FIA shall be the State Share of actual expenditures during the life of this Agreement up to the maximum of the Title IV-D Program Net Budget, a copy of which is attached hereto and made a part hereof. 7 III. GENERAL PROVISIONS A. F1A's Source of Funds-Termination FIA'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 FIA to continue or expand such activities. FIA may terminate this Agreement immediately upon written notice to Contractor and Court at any time prior to the completion of this Agreement if, in the opinion of FIA, funding becomes unavailable for this service or such funds are restricted. B. 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 to this Agreement notwithstanding, the state personnel director is authorized to disapprove contractual disbursements for personal services if the state personnel director determines that the contract violates Article XI Section 5 of the Michigan constitution or applit-abre MI-service rules a-r-t1 regulations. C. Fees and Other Sources of Funding Contractor and Court guarantee that any claims made to FIA under this Agreement shall not be financed by any source, including client fees, other than FIA under the terms of this Agreement. If funding is received through any other source, Contractor and Court agree to delete from Contractor and Court billings, or to immediately refund to FIA, the total amount representing such duplication of funding. D. Review and Monitoring Reports Contractor and Court shall comply with all program and fiscal reporting procedures, as set forth in the terms of this Agreement, at time intervals and on specified forms as established by FIA on the beginning date of this Agreement. Any additional reports, which FIA proposes to be completed shall be completed pursuant to agreement by the parties to this Agreement. Reports or billing documents denoting event dates shall record month, day, and year as specified by FIA. In all electronic filings, four digits shall be used to designate century. E. Examination and Maintenance of Records Contractor and Court shall permit FIA or any of its identified agents access to the facilities being utilized at any reasonable time to observe the operation of the program. Further, Contractor and Court shall retain all books, records, or other documents relevant to this Agreement for five (5) years after final payment, at their cost, and Federal auditors and any persons duly authorized by FIA shall have full i4 8 9 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 five-year period, and extends past that period, all documents shall be maintained until the audit is completed. FIA shall provide findings and recommendations of audits to Contractor and Court. FIA shall adjust future payments or final payment if the findings of an audit indicate over or under payment to Contractor and Court in the period prior to the audit. If no payments are due and owing Contractor and Court, Contractor and Court shall immediately refund all amounts which may be due FIA. F. Compliance with Civil Rights, Other Laws Contractor and Court shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status pursuant to 1976 P.A. 453, Section 209. Contractor and Court shall also comply with the provisions of the Michigan Handicappers Civil Rights Act, 1976, P.A., 220 and Section 504 of the Federal Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 394, which states that no employees or client or otherwise qualified handicapped individual-shail;-solely- by- reason-of-handicapT-be-excluded-ffom-pafticipati onT-be- denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Contractor and Court shall comply with the Americans with Disabilities Act of 1990 (ADA), P.L. 101-336, 104 Stat. 328, which prohibits discrimination against individuals with disabilities and provides enforcement standards. Further, Contractor and Court 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. G. Publication Approval and Copyright 1. F1A shall have copyright, property and publication rights in all written or visual material or other work products developed in connection with this Agreement. Contractor shall not publish or distribute any printed or visual material relating to the services provided under this Agreement without prior written permission of F IA. 2. All materials, created or reproduced by Contractor, or agent of Contractor, which are developed for consumption by the general public or as a general information tool relating to programs, which are funded in whole or in part with FIA funds, must include one of the following two statements: ' a. This program is funded by the State of Michigan Family Independence Agency; Or b. This program is funded in part by the State of Michigan Family Independence Agency. H. Confidentiality The use or disclosure of information concerning clients obtained in connection with the performance of this Agreement shall be restricted to purposes directly connected with the administration of the programs implemented by this Agreement and as required by federal regulations and state statute. I. Property Title Title to all property, real or personal, furnished by FlA for use by Contractor and Court in the performance of this Agreement shall remain in HA. Upon expiration of this Agreement or any extension thereof, Contractor and Court agree to return said property to FIA or pay the then current fair market value thereof to FIA. However, in the event that any such property is only partially funded by FlA, Contractor or Court shall return said property to F1A or pay FIA that portion of the current fair market value of .such item which is in the same percentage as FIA's contribution to the original purchase price. Where property in which FIA has an interest is traded for other property, Contractor and Court shall maintain continuing records to account for FIA's financi-al- nterest-irr such- s LI b se-quentacquisiti o n s-.- J. Subcontracts Contractor or Court shall not assign this Agreement or enter into subcontracts, which will be paid in whole or part using money received through this Agreement without obtaining prior written approval of FIA. F1A, 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. Contractor and Court shall be responsible for the performance of all assignees or subcontractors, and shall ensure the subcontracted agents comply with all provisions of this Agreement. K. Cancellation of Agreement HA reserves the right to cancel this Agreement by giving thirty (30) calendar days written notice to Contractor and Court. Contractor or Court may terminate this Agreement upon thirty (30) calendar days written notice to F1A at any time prior to the completion of the Agreement period. L. Closeout/Extension 1. As subrecipients of federal funding, Contractor and Court shall provide F1A with all financial, performance and other reports required as a condition of this Agreement within sixty (60) calendar days after its conclusion, unless written request for extension from Contractor explaining extenuating circumstances is granted by FIA. 10 1 7 2. Upon approval of Contractor's request, FIA shall make payments to Contractor for allowable reimbursable costs not covered by previous payments. Contractor shall immediately refund to FIA any payments of funds advanced to Contractor in excess of allowable reimbursable expenditures. M. Initial Eligibility for Federal Financial Participation (FFP) In accordance with 45 CFR Section 304.21(d), Federal Financial Participation (FFP) may be claimed for IV-D costs incurred as of the first day of the calendar quarter in which this Agreement, or amendment to this Agreement, is signed by parties sufficient to create a contractual arrangement under State law, and if the claim is made in accordance with FIA instructions. N. Continuing Eligibility for Federal Financial Participation (FFP) 1. As a subrecipient of Federal Financial Participation (FFP) funding through this Agreement, Contractor may submit a request for FFP reimbursement of allowable costs partially reimbursed for services performed under this Agreement that may now be eligIbte—for—farth-e-r—FFP funding.----This—request—may—be—strbmitted—by- Contractor up to one (1) year after the Agreement's expiration date. The amount of the FFP increase request may not exceed ten percent (10%) of the FFP amount included in the Agreement's budget at the time of its conclusion and closeout. 2. FIA approval of this request and subsequent payment to Contractor shall be dependent in part upon the availability of federal funds for such prior year purposes in the FIA current year appropriation and that the request has been made in accordance with applicable federal regulations, state laws and FIA instructions. 0. Continuing Responsibilities Termination, conclusion, or cancellation of this Agreement shall not be construed so as to terminate the ongoing responsibilities of Contractor or Court or rights of HA contained in § Ill (E) and (L) of this Agreement, General Provisions, Examination and Maintenance of Records and General Provisions, Closeout/Extensions. P. Dispute Resolution 1. Local Resolution All parties agree to make a good faith attempt to resolve disputes. Resolution of any dispute shall first be attempted at the local level by County Contractor, Prosecuting Attorney (PA), Friend of the Court and FIA's Office of Child Support (OCS) Field Managers, as appropriate. 11 2. Second Staae Resolution If it appears a dispute cannot be resolved at the local level, the aggrieved party shall notify the other parties and the Director of the Office of Child Support, in writing, regarding the nature of the dispute and the efforts made toward resolution. Within sixty (60) calendar days of this notification, the parties and the OCS Director or designees shall meet to attempt resolution of the dispute. 3. Formal Notice of Intent Contractor and Court shall notify FIA in writing of their intent to pursue a claim against F1A for breach of any terms of this Agreement. No suit may be commenced by Contractor or Court for breach of this Agreement prior to the expiration of ninety (90) calendar days from the date of such notification. Within this ninety (90) day period, Contractor and Court, at the request of F1A, must meet with the Director of F1A or designee for the purpose of attempting resolution of the dispute. Formal Notice of Intent action shall not be commenced until resolution has been initiated as described in 1 and 2 above. However, these paragraphs do norrsstricrth-e-ri-ght-to-rnvoke-and- cancel- under Section- 1 -1t- (-K)- C-ancellation of Agreement. 4. Continuation of Services and Payment Prior to commencement and during the pendency of a dispute or a suit for breach of this Agreement, services shall continue to be provided by the Court as set forth in this Agreement and payment for such services by FIA shall continue without interruption, except as provided in § II (B) of this Agreement, FlA Duties and Responsibilities, Payment. 0. Amendment This Agreement may be amended, at the request of any party, only by the written consent of all the parties hereto, except as otherwise provided in this Agreement. If Contractor or Court refuses to sign such amendment, FIA may terminate this Agreement at the end of sixty (60) calendar days from the date of request to amend. Contractor and Court shall suffer no liability to FIA for refusing to agree to said amendment, and said refusal shall not constitute a breach of this Agreement. R. Termination - Unfair Labor Practice FIA may void this contract upon fifteen (15) days notice if the name of Contractor or Court, or the name of a subcontractor, manufacturer, or supplier of Contractor or Court, subsequently appears in the register compiled pursuant to Section 2 of Act 278, P.A. 1980. This Act prohibits the State from entering into contracts with certain employers who engage in unfair labor practices; to prohibit those employers from Ic 12 entering into certain contracts with others; to provide for the compilation and distribution of a register of those employers; and to provide for the voiding of certain contracts. S. Audit Requirements I. This Agreement constitutes a subrecipient relationship with FIA. a. Contractor is required to comply with all federal regulations that relate to the accounting and auditing of the Federal award(s) used to fund this Agreement. This includes, but is not limited to, compliance with OMB Circular A-133. b. The Catalog of Federal Domestic Assistance (CFDA) number for the federal award(s), along with the Federal Financial Participation (FFP), and the related federal regulations, laws, and other requirements may be obtained by accessing the FIA, Office of Internal Audit's Web page at the following Web address (URL): .http-.1-/www-rmfia.stateTmi7ust0-1-Ni-ndex7.htm-. c. FIA agrees to participate in audit cost related to the audit as described in other sections of this Agreement. 2. Audit Reporting Requirements a. If Contractor is required per OMB Circular A-133 to have a Single Audit performed, Contractor must submit the Reporting Package and an Audit Transmittal Letter to the address below in accordance with the time frame established in the Circular. b. Reporting Package includes: - 1. Financial statements and schedule of expenditures of Federal award(s) 2. Summary schedule of prior audit findings 3. Auditor's report(s) 4. Corrective action plan c. Mailing address for all information: Michigan Family Independence Agency Office of Internal Audit 235 South Grand Avenue, Suite 1112 Lansing, Michigan 48909 Attention: William Addison, CPA 13 3. Audit Transmittal Letter a. Contractor is responsible to identify in an Audit Transmittal Letter all organizations it operates that administer F1A subrecipient programs and the different names Contractor may use to contract with F1A. Contractor is responsible for proper completion and submission of an Audit Transmittal Letter. This letter, to be accurately processed by F1A, must include the following information: 1. Contractor's name as reported in the F1A Agreement(s); 2. Contractor's Federal Identification number as reported on the F1A Agreement(s); 3. Contractor's fiscal year end; 4. Identify other names(s) and other Federal Identification Number(s) used by Contractor. b. If a Single Audit is not required per OMB Circular A-133, Contractor must still submit an Audit Transmittal Letter stating why a Single Audit was not required and-Contraztars-fts-cal-ye-arthe-letter-pertains-to7---The-Audit—Transmittal-Letter: should include items stated in the section, "Audit Transmittal Letter", described above. The letter may be mailed to the address above or FAX to (517) 373- 8771 4. Audit Costs No audit costs may be charged to F1A 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 of the Single Audit report is considered non-compliance with this section and may be grounds to impose sanctions. 5. Audit Sanctions FIA may impose sanctions if Contractor fails to adhere to any of the audit requirements in this Agreement. In cases of continued inability or unwillingness to comply with audit requirements, FIA may impose sanctions such as: a. Withholding a percentage of Federal award(s) until the audit is completed satisfactorily, b. Withholding or disallowing overhead costs, c. Suspending Federal award(s) until the audit is conducted; or d. Terminating the Federal award(s). 14 ez,t T. Acireeinent Inclusiveness This Agreement with the previously mutually approved Application incorporated by reference and made a part hereof, is intended by the parties as the complete and final expression of their agreement with respect to the terms included herein, and may not be contradicted by evidence of any prior contemporaneous agreement, oral or otherwise. U. Continuity of Service Each party agrees that they shall use due diligence to insure that services to FIA or its clients shall not be disrupted by technology problems which are within the control of the party. As used in this paragraph, the word technology includes, but is not limited to, computer hardware and software used by Contractor and the Court to provide client services. 15 F at", 16 IN WITNESS WHEREOF, FIA and Contractor have caused this Agreement to be executed by their respective officers duly authorized to do so. The Undersigned have the lawful authority to bind Contractor and the Court to the terms set forth in this Agreement. Dated at , Michigan 6th JUDICIAL CIRCUIT COURT this day of , 2001 By: Chief Circuit Court Judge Witness: Print Name: Dated at , Michigan THE COUNTY OF OAKLAND CONTRACTOR this day of , 2001 By: Chair, Board of Commissioners Witness: Print Name: Dated at this day of Witness: , Michigan FAMILY INDEPENDENCE AGENCY , 2001 By: Douglas E. Howard, Director, or designee CONTRACT NO: CS/FOC-02-63001-1 Oakland County Grant Application Summary Report Requesting Department/Program/Agency Circuit Court - Title of Grant Cooperative Reimbursement Program Grantor Agency _ Family Independence Agency Title of Grant Funded Program , Child Support Enforcement Grant Notification June 15, 2001 Submission/Acceptance June 30, 2001 , Date Deadline Grant being submitted is: New • 1 Renewal X I Modified • ' „ Is a County match required: Yes X NO • - Is match in your current budget: Yes X No • Will the requested County match Yes • No X require an additional appropriation: P-,,,t41. This will be the 25+ year of grant funding for this program. Is this program projected to extend beyond the current grant funding period? Yes The maximum number of years for which this grant is available: Indefinite Briefly, describe any program and/or personnel changes since the most recent grant acceptance: Additional staff included in this application. GRANT SUMMARY I PRIOR YEAR AMT GRANT REQUEST GENERA L iNFORMA TION Grant funding period 10/0112000 -09/3012001 10/01/2001 -09130/2002 (provide mm/yy- mrt*y) Total amount ($$) of grant $8,735,577 $10,444,622 M Federal match N/A N/A State match $5,765,481 $6,893,451 Local or agency match $2,970,096 $3,551,172 ..R.:;S.. 0 Number of grant funded positions 98 112 (list classes, ex. 3 cled(s) Grant funded personnel costs $3,061,933 $3,717,409 Grant funded fringe benefits $1,151,796 $1,368,543 glINf T . Grant funded program costs $2,984,420 $3,536,722 County match requirements $1,537,428 $1,821,948 Please attach: Program Summaty; Approvals from Fiscal Services, Corporation Counsel, Risk Management and Personnel (if required) Revised 02/27/01 * I S I ft Resolution #01255 October 11, 2001 Moved by Palmer supported by Obrecht the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). HEREBY 1E f OREGOING PFSOLUTION L. Brooke • ereon. (ovaiy Executive Dade 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 October 11, 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 Wh dayof October, 2001. . William Caddell, County Clerk