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HomeMy WebLinkAboutResolutions - 2002.08.08 - 26733MISCELLANEOUS RESOLUTION #02185 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2002/2003 MEDICAL SUPPORT ENFORCEMENT REIMBURSEMENT CONTRACT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency has awarded the 2002/2003 Medical Support Enforcement Reimbursement contract to the Oakland County Friend of the Court in the amount of $397,588; and WHEREAS this is the eighth year for the contract and provides 100% reimbursement for services which establish and enforce medical support and insurance provisions in domestic relations cases; and WHEREAS the grant award is the same as the application and covers the period of October 1, 2002, through September 30, 2003; and WHEREAS the contract provides funding to continue three (3) Domestic Support Specialists, and three (3) Case Assistants and one (1) Domestic Support Specialist Supervisor, as well as various overtime; and WHEREAS the contract agreement has approved by the County Executive Contract Review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Family Independence Agency 2002/2003 Medical Support Enforcement Reimbursement contract for the Oakland County Friend of the Court in the amount of $397,588. BE IT FURTHER RESOLVED that future level of service, including personnel will be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED That the County Executives Recommended Fiscal Year 2003 will be amended during the budget process to recognize this contract agreement. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. PUB/IC SERVICES CWMITTEE Prentiss Malone, From: Sent: To: Cc: Subject: Greg Givens igivensg©co.oakland.mi.us ] Tuesday, July 09, 2002 9:54 AM VanLeuvenj; Salamcne, Joe; Malone, Prentiss Frederick, Candace; Williamsd CONTRACT REVIEW - FRIEND OF THE COURT RE: CONTRACT REVIEW - FRIEND OF THE COURT GRANT NAME: Title IV-D Medical Support FUNDING AGENCY: Family Independence Agency DEPARTMENT CONTACT PERSON: Joe Salamone / 80431 STATUS: Acceptance DATE: July 9, 2002 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Department of Management and Budget: Approve - Ed Poisson (July 5, 2002) Personnel Department: I approve - Judy Eaton (July 1, 2002) Risk Management and Safety: Approved. Please note that the required bond (pg. 6. par H. of the agreement) is in effect. - Stan Fayne (July 8, 2002) Corporation Counsel: There appear to be no legal issues that require additional actionor resolution. FIA made a number of changes to contract language in response to our requests/conversation last year. - Karen Agacinski (July 2, 2002) Please note the comments from both Risk Management. 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 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. Greg Givens, Supervisor Grants Administration Unit Fiscal Services Division Edwin Poisson From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Thursday, June 27, 2002 4:43 PM To: Eatonj; VanPelt, Laurie; Fayne, Stan; Davisp; Poisson, Edwin Cc: VanLeuvenj; Fournier, Nancy; Frederick, Candace; Cunningham, Judy; Mitchell, Sheryl; Shortley, JoeIlen; Mason, Jennifer; Ross, David; Salamone, Joe Subject: CONTRACT REVIEW — FRIEND OF THE COURT TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Judy Eaton - Stan Fayne - Patricia Davis RE: GRANT CONTRACT REVIEW RESPONSE - FRIEND OF THE COURT FIA - Title IV-D Medical Support / Application and Contract Please be advised the above mentioned grant information was put into contract review today. A hard copy of these materials has been sent to you for review. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Thank you. Time frame: July 5, 2002 GRANT INFORMATION Date: June 27, 2002 Operating Department: Friend of the Court - Circuit Court/Family Division Department Contact: Joe Salamone Contact Phone: 80431 Internal ID Number: NA Other ID Number: Contract # CS/MED-03-63001 REVIEW STATUS: Application / Acceptance - Resolution Required Funding Period: 10/1/2002 to 9/30/2003 Facility Needs - None Funding Continuation/New: Continuation New Grant Funded Position Requested: None Changes to Current Positions: None Grantor Funds: $397,588 Total Budget: $397,588 Match and Source: 100% state reimbursement of actual costs. PROJECT SYNOPSIS Reimbursement for medical support orders. 1 Provider Signature and Title DATE , •Jun-25-2022 19:21 r om-MAX I MUS 99334052 , , T-030. P.012/022 F-313 FISCAL YEAR 2CaS TITLE 111-D MEDICAL SUPPORT APPLICATION PACKAGE Program Identification and Signature County Provider: ji llII Friend r.f the Court 11••n•n•••11111 • tiIii,9[-Y2 • ,1111 4..11 '-(11.,,K11:'CSi 1,,,,,411, 1,,v,,„i,p,011,11, er2-t #: °n '141(1111111.1j,. Federal IrlIANILL 11...ili:1,1111L11'..f.), J0,1 j1 1111;1j1!) 11...1r1,1 ,iiHoolOrT ir 1111'.11.114V#11.114,!I Funding Year: • . Application is hereby made to the Michigan Family Independence Agency for approval of a proposal to provide services in accord with the approved Title IV-D state plan to establish and enforce medical support orders. A. PROGRAM IDENTIFICATION 1) LOCATION OF PROGRAM County/ Agency: Mailing Address: OAKLAND 230 Elizabeth Lake Road Friend of the Court P.O. Box 4360'12 Pontiac, Michigan 48343-6012 2) PROGRAM PROVIDER (Name, Title, - Friend of the Court, Chief Judge or Designee) Honorable - Joan E. Youna Chief Circuit Court Jude 3) PROGRAM CONTRACTOR (Name, Title - Board of Commissioners Chanparson or Designee) Optional Signature: Title: Print Name: 4) TYPE OF APPLICATION 5) PROGRAM DATES 6) TYPE OF PROGRAM CheclkOnetrolitInif4p.to,iv.6'7~14:4:11:Aqtv X New Contract 1011/2002 - 9/30/2003 X Friend of the Court Amendment FOC and PA Combined Line Item Transfer B. SIGNATURES (See g2 above) t 7) PROGRAM PROVIDER Please submit two (2) copies of the agorication with original signatures. and three (3) photocopies to your Office of Child Support Contract Manager. C. FOR OFFICE OF CHILD SUPPORT USE 8) OFFICE OF CHILD SUPPORT DISTRICT CONTRACT MANAGER District Contract manager Signature oAT Page 1 of 6 "Prooram Identification and Siqnature Page FY 2002 MS Application Paco 6125102 7:05 PM -Jun-2S-2002 19:21 From-MAXIMUS 9393345062 T-939 P.019/02.1 F-213 FISCAL YEAR 2003 TITLE IV—D MEDIC,;-‘L SUPPORT APPLICATION PACKAGE Management Plan Contract 4: Federal 1D#: Funding Year: 1.11'.'7r,147,771:571 tr.191filpiryn:77 County Provider r,OAKLAmD,,i-,,,olonif.,J1!viii!IL.TA Friend of the court CSI1ED rii(i.r1{. 311,114:1,liihfa"H'iLTI?•1"5.1icc.r,,,,, 111! • lIilrl " R11111,1110.1141101pillit! :NNE' 1+.,m, 1 • Ir r 11 F 1.41 n1.,,fipl1)111 :In PO, . • . • llIrNIP1101dii1,1161[1111111'1'!1!Th"'" I. I I A) PROGRAM PURPOSE - The program purpose Is to perform services in accordance with Medical Support Enforcement as described in the Manual for the Friend of the Court, Section 4000, and FOG Letter 95-008. Concurrence with the purpose and agreement to undertake the work effort In indicated by signatures in Section I. This application is a proposal for servica delivery and resource need projections in support of the program purpose and in accordance with Title IV-D of the State of Michigan. B) ACTIVITIES AND RESPONSIBILITIES - The budget page Includes a limited space labeled "Work Plan" to describe your plan for quickly addressing the medical support enforcement needs for IV-ID cases In the counties served by the Friend of the Court. Activity assignments and resource uses should be specified In this plan. If additional space is required, please attach a separate document. Concurrence with stated plan Is indicated by signatures in Section I. C) MEDICAL SUPPORT ENFORCEMENT AND COOPERATIVE REIMBURSEMENT SUPERVISOR - Identify name, title, mailing address and telephone number of the designated person with responsibility for the Medical Support Contract. This may or may not be the same individual designated in Section I as Program Provider. County/ Agency: Mailing Address: OAKLAND Friend of the Court 230 Elizabeth Lake Road P.O. Box 436012 Pontiac, Michigan 48343-6012 Telephone No. 248-858-0431 D) COUNTY FINANCIAL OFFICER - Identify name, title, and mailing address of the official or designee(s) authorized by the County !Board of Commissioners to Sign the Medic:al Enforcement Report (FIA-286A)_ certifying that reported expenditures are accurate and do not duplicate or replace expenditures under the Title iv-D Cooperative Reimbursement Contract. •.1 Tim Soave Name Director - Fiscal Services Title E) ORGANIZATIONAL CHART - (Attach to Application) Mailing Address: 1200 N. Telegraph Road Pontiac, Michigan 48343-6012 Telephone No, 248-858-0807 F) SUBCONTRACTS/POSITION DESCRIPTIONS - Attach copies of cuboontracts for services or teporary employees and position descriptions for new county employees performing medical support enforcement services. 4 G) DOCUMENTATION OF JOINT PERSONNEL COSTS - Insert here a list of those County employees who will be performing tasks funded under both the Medical Support Enforcement Contract and the child support IV-D Cooperative Reimbursement Contract. For these employees It will be necessary to comply with existing joint time documentation policy in order to claim reimbursement under the Medical Support Enforcement Contract. JOINT COST EMPLOYEES Pans 2 of 6 . "Manacrement P!en" Page FY 2002 MS Appiic:atiorl 7:05 PM Jun-25 -2002 lg:21 From-MAXIMUS 2393346062 T-900 P.020/023 F-313 FISCAL YEAR 2003 TITLE IV-D MEDICAL SUPPORT APPLICATION PAr--KAGE Medical Support Budget jr..21511:1I1Mitpirpncrmh''''.,,,"r57111111z;i7f County Provider: liJAXEJANDII.14 1H1410.0e.'0,'"".' Friend of the court Contract ft: 61-SIP'lliAHE1111[116'51,1%3PrtiSig.:',ii:::1,::;iiii.,.,...6,ii',.1, :(1.16v191r44111 " i I f Federal ID#: k.i:466-6146.;jtigr;IP111:01111;illillAP41111W`1111:41;n41iiiiki.eiiiiii;IIIii.ililitill II 'I iIr • • 41.1111 ih '1: • I Funding Year '1,.1';',1;;Iiillagik fi tili.6t141 A. CONTRACT DESCRIPTION: Complete Items above. B. BUDGET (LINE ITEM COSTS) BUDGET TOTALS , 1 Personnel Total Medical Support FT's = $ 397,588 2 Other Direct - .- 3 Total Budget 397.588 . 4 Other Income (Describe) 5 Net Budget 397,588 C. WORK PLAN - Explain how line item expenditures will contribute to medical Support enforcement ERSONNEE.... The medical enforcment staff will continue TO pursue the active modification and enforcement of all medical Drovisions of court orders. Staff will continue to secure employer coverage where available and provide CUStodial_parents with sources of alternative coverage. THER.131RECT-:kh'j, Postatie - Supplies - Telephone - Other- Comments - D. CONTRACT GOALS Number of Note: For each of the goal listed enter the number of actions that will be produced. Actions 3250 1 Reports to the DCH Third Party Liability of the following information items on existins new or modified orders a. Title IV-A (FIP). IV -B (foster care). or XIX (Medicaid) case number. b. Absent parents name. SS# home address and employer's name and address. c. Insurance policy name, number and names of persons covered by absent parents insurance 2 Petitions flied with the court to order the inclusion of a health Insurance provision in new or modified orders 950 when the custodial parent and children lack insurance other than Medicaid. 300 3 Dependent health care coverage orders served on employers and insurers. 3000 Absent parents contacted to obain insurance information or insurance coverage when ordered. 4000 5 Employers or insurers contacted to obtain policy information or to request notification of lapses of coverage. 1200 6 Show cause hearings to enforce medical support provisions of orders. -. 3000 7 Custodial parents provided with health insurance policy Information. 250 8 Absent parents contacted to recuest provision of insurance available at reasonable cost though not ordered. 3000 9 Non-Medicaid clients informed of the availability of medical supoort enforcement services. 10 Other.goals (define): Demand for medical payment. - Page 3 of 'S "Medical Support uclOt Pag:a FY 2002 MS Appfl.:_.7.1',k)r-,Pcks TOO PM 6125/02 Jun-2,6-2002 19:22 From-MAXIMUS 982E3,16062 T-229 P.021/023 F-313 TITLE IV-D MEDIC.',A1... SUPPORT APPLICATION PACKAGE Personnel Cost Worksheet County Provider: "T-Ikt5gErTn'i7117' Friend of the Court Contract #: iLirais!L,b,(1048,;710:1., Federal lDit. ' Funding Year: a. Subcontracted Staff b. Temporary Staff c. County Employees FT7C0Lc o , ,, .., ,,,,...4z;,,,,, :,• f ' .t t ,,,..4. , Position # or Name Title: Dom Sup Spec, Supervisor ............. ____........ ........ ... 1 Salary $ 45,204 Fringe $ 18,613 Position # or Name Title: Dom Sup Specialist 1 Salary $ 41,012 . ... . _ Fringe $ 16,837 Position # or Name Title: Dorn suaSpecialist 1 Salaa $ 35,674 Fringe $ 14,689 Position # or Name . Title: Dorn Sup Specialist , _ Sal sist m $ 35,674 Fringe $ 14,689 I Title: FOC Case Assist Position P`..- or Name - 1 Salary $ 35.515 Fringe 5 14,623 Position # or Name Title: FCC . Case Assist ........ i Salary $ 30,567 . . ..... _ Fringe S 12,586 Position # or Name Title: FOC Case Assist 1 , Salasz $ 30,593 Fringe $ 12,597 Position # or Name Title: Various Overtime Salary $ 35,151 Fringe $ 3,515 Position # or Name - ...- .. _ ....- .. ... Fringe t Title: Position # or Name 1. Salary Fringe Position # or Name Title: • Salaa Fringe CATEGORY TOTALS _ $ 397,533 —TiT-Li'i -3".' ffA'4M-- "lrig;Ali,e4E,ERsorgilEratiodErfrreititt S 397,588 Total FTE Count (sum of FTE Count Columns a, b, and c 7.00 Page 4 of' 6 "Personnel Cost Worksheet Page ry 2002 MS Application Package 7:06 PIM 6125/0:2 Contract #: qi Federal Io#:113.age01.0487.6. F ui tir,t on-7 ,C1,11r.1,11.11 rAt.,r Jun-n-2002 1g:22 r Om-MAX !fl MUS 9S.g6V,H62 P.OWC1 22 County Provider: ..113114051=1.01 01 F1SCN YEAFZ 2003 TITLE IV-D MEDICAL SUPPORT APPLICATION PACKAGE Other Direct Cost Worksheet , ".".h h • • • . h.11,1Nh4P1011141.,r.:.:1‘ q141Hj 1111774.LX, y I t I' ‘2'd 211211.14'n1. Friend of the Court Other (list): Training tome BUDGET TOTAL Page 5 of 6 - "Other Direct Worksheet" Page FY 2002 MS Applice.ion Packz-ige. 7:06 PM 612.6102 County Provider: irot AKEAN:01.7 •' • •"•IIIT • .d.:L.:Lailk Friend of the Court Equipment Items Date Purchased Useful Life In Years (Per IRS Pub. 945) A Yearly Amount pp} 2,,,Vir,t4,;11.1,1 •1 tv • 4 •,g'' Total Cost Billing Month & Year to • Jun-Z-2002 1S:22 Fr cfr-MK( MUS GaGE3430SZ 1-93g P.023/023 CALYAX 2UQ TITLE IV-D MEDICAL SUPPORT APPLICATION PACKAGE Depreciation Worksheet Contract #: iti-41,fil:riffilili'al-'1,11Pli,15,131.-‘17iiiilill'rtvhiTiiiiii '41'''.1,..1•42"gl .i?;11:11:1 7,,iiiitpillPlu•441117111iii01 ,"1 1111Illtifilritii134,11MOil'irINI[10fijiti:,•;1 .1.,Iiii!li;P:idii 14143% I'd ; '."..1,!••,;111,11.,44.1.: .',1,• ,u.iliiip.h.,,111 4 -.1.; Federal ID#: i'la0 ,n66041i71,91111001{61 "01101b014.1 olitilt0 ( • .j ,;licy'''/'1 11:;4011t111,11111Er.Irl nji1111441„.aeibleilt101'...1"""41 Funding Year: IFelt •cil,Mill,20,g111.1gitaaliCIOAlii .....::,..ildif,. • ,. ,.,•••..._:.-.....,:. , t L'...,-,..i..o.mit. L l• • - 1,1 Page 6 of 6 "De.przciation Worksheet" Pagc FY 2002 MS Application PookLca 7:T3 PM 6/2 FIT> Contract No: CS/MED-03-63001 Contract Amount: $397,588.00 County: Oakland Method of Payment: Actual Cost AGREEMENT between The County of Oakland County Bldg, 1200 N Telegraph Rd Pontiac, MI 48341 ichigan Family Independence Agency and 255 South Grand Avenue p 0 Box 30037 Lansing, Michigan 48909 This Agreement, effective October 1, 2002 through September 30, 2003, is by and between the Family Independence Agency, (referred to as "HA"), the County of oakland, a public organization, and the Chief Circuit Judge for the Court, (together referred to as "Contractor"). CONTRACTOR DUTIES AND RESPONSIBILITIES • Contractor shall enforce all medical support orders, over which it has jurisdiction, and seek modifications of orders to include medical support in accordance with all applicable federal regulations and requirements, statutes, court rules, FIA policies and procedures that relate to enforcing and modifying medical support orders. The Contractor will use the automated Michigan Child Support Enforcement System, the Friend of the Court Manual, Section 4000, the Friend of the Court Letters, the Office of Child Support (OCS) IV-D Combined Manual and the Michigan IV-D Action Transmittals (referred to as "Title IV-D Standards"). The intent of this contract with enhanced funding is to: • Enable Contractor to identify the existing backlog of IV-D cases requiring medical support enforcement efforts, • Determin te what enforcement action is needed on those backlogged cases, and • Initiate needed enforcement action on all backlogged and new IV-D cases. For enforcing medical child support orders in IV-D cases and as a subrecipient of Federal Financial Assistance, Contractor shall comply with Title IV-D Standards. 1 A. Services Contractor shall: 1. Make Medical Support Enforcement (MSE) services available to all eligible individuals. Eligible individuals are those custodial parents (and their children) who are past or present recipients of Family Independence Program (FIP), IV-E Foster Care, the Medicaid programs, or who have filed an application for IV-D services. 2. Maintain records and provide collection services. 3. Enforce medical support obligations using all appropriate Title IV-D standards: a) Identify cases requiring medical support enforcement through manual review of cases or through approved computer tape match processes. b) Obtain medical insurance information and convey it to Department of Community Health (DCH), Revenue and Reimbursement Division through electronic submission to the Michigan Child Support System; or, submission of "Employer's Disclosure of Income and Health Insurance Information" (FOC 22a) and "Friend of the Court Case Questionnaire" (FOC 39C). c) File petitions with the court to order the inclusion of health insurance in new or modified orders. d) Serve dependent health care coverage orders on employers and insurance carriers. e) Contact absent parents to obtain insurance information or to obtain insurance coverage if available at reasonable cost though not ordered. f) Contact employers or insurers to obtain policy coverage information or to reqUest notification of lapsed coverage. Inform Non-Medicaid clients of the availability of medical support enforcement services. h) Review and modify medical support orders. i) Inform Non-Medicaid clients of insurance information obtained through enforcement efforts (Medicaid clients shall be notified by FIA when DCH receives the information). g) 2 4. Initiate locating action when necessary. 5. Cooperate with other states for enforcement of medical support orders. 6. 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 B. Reports Contractor shall prepare, complete and submit the following reports in the cycles indicated, to the units named: 1. Form: FIA-286A - Title IV-D Medical Support Expenditure Report, including appropriate time documentation. This expenditure report shall not be complete and acceptable for payment unless the report section of the form is completed listing the progress on achieving the goals of the contract as set in the contract application. Cycle: Due by the fifteenth (15) business day after month of service To: OCS Contract Manager County Family Independence Agency 2. Form: FOG 22A IV-D Approved Electronic Reporting - Employer's Disclosure of Income and Health Insurance Information. This report must insert the Family Independence Case Number before it is submitted to DCH, Revenue and Reimbursement Division (formerly TPL). The form is described in the Friend of the Court Manual, Section 4000, Chapter 500. Cycle: Whenever the information becomes available. To: Entered on Michigan Child Support Enforcement System (MICSES) or Medical Support Enforcement System (MSES) for interfacing with the Michigan's Title XIX Agency, DCH, Revenue and Reimbursement Division. 3. Form: FCC 39C - Friend of the Court Case Questionnaire. Page 3 of this questionnaire may include health care information. A copy of page 3 of this form may be used to convey information to DCH, 3 Revenue and Reimbursement Division (formerly TPL). HA case number and the names of the payer and payee must be added to it before submission. The form is described in the Friend of the Court Manual, Section 4000, Chapter 500. Cycle: Whenever the information becomes available. To: Michigan Department of Community Health Budget and Finance Administration Bureau of Audit and Revenue Enhancement Revenue and Reimbursement Division P.O. Box 30479 Lansing, Michigan 48909 C. Client Grievance System 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 1V-D regulations. Information about the grievance system shall be provided to clients or FIA upon request. D. Statewide Automated System Contractor agrees to use the automated Michigan Child Support Enforcement System (referred to as "System") for processing intra- and inter- state data pursuant to Title IV-D Standards throughout the life of this Agreement, and agrees to comply with all IV-D, OCS and F1A reporting requirements. E. Applicable Costs, Maintenance of Effort on Cooperative Reimbursement Contract Contractor, as a subrecipient of Federal Financial Assistance, agrees to abide by applicable provisions of the Cost Principals for State and Local Governments issued in 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 whole by IV-D funds do not work full-time on medical support matters, detailed time-records for such employees are required to document the amount of time spent on reimbursable activities. If employees intermingle work effort on child support enforcement and • medical support enforcement, the FOC must document the medical support enforcement effort through time study if a claim is to be honored under this contract. Medical Support Enforcement has been and shall continue to be funded under the existing Cooperative Reimbursement (CR) contract already in effect between 4 these parties. This contract shall fund medical support enforcement work effort in addition to that already funded under the CR contract. The funding in this contract shall be available only to the extent that Contractor maintains the same IV-D staffing levels already funded under the 1995 CR contract program. Contractor shall not leave positions vacant under the CR contract while billing for services under the MSE contract. F. Billing Method 1. The Actual Cost Reimbursement Method shall be used to claim reimbursement under this Agreement. The Medical Support Enforcement Budget is attached and made a part of this Agreement. The Budget and Application detail the amount and object of expenditures for which Contractor shall use funds paid under this Agreement. Contractor shall follow and adhere to the Budget. Only actual costs may be billed. 2. Contractor must obtain written approval from FIA to increase or decrease line items in the budget. The written request for FIA approval must contain sufficient information to allow F1A 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 deadline to submit a line item transfer request to F1A is 90 days prior to the end date of the contract. The person authorized to approve budget revisions is the Director of FIA Office of Child Support or designee. 3. Actual costs may include the cost of fringe benefits provided by Contractor for the employees funded by this Agreement, in the same proportion as that employee is engaged in IV-D Medical Support Enforcement 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 Prbcedure Contractor shall submit a monthly "Title IV-D Medical Support Expenditure Report," (Form FIA-286A) detailing program-related expenditures, including a Personnel Activity Report and the progress of the project with respect to the goals stated in the contract application. The FIA-286A shall indicate actual costs by category of expense in the performance of this Agreement for the period being billed. The FIA-286A shall be submitted within fifteen (15) business days from the end of the monthly billing period to the Contract Manager, OCS. For the month of September, Expenditure Reports shall be submitted as directed 5 by FIA to meet fiscal year-end closing deadlines. Reimbursement of Expenditure Reports submitted after the FIA fiscal year-end closing deadlines, shall be dependent upon the availability of funds for prior year payment purposes in the applicable F IA current fiscal year appropriation. H. Bonding of Employees Contractor agrees 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, in an amount sufficient to protect against loss resulting from employee dishonesty. II. FIA DUTIES AND RESPONSIBILITIES A. Program Administration HA, 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 through the Friend of the Court Manual, Section 4000, the Friend of the Court Letters, the 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-286A, "Title IV-D Medical Support Expenditure Report," detailing program related expenditures. Payments shall be made in accordance with the budget attached to and made part of this Agreement. FIA reserves the right to delay processing and payment to the next available cycle for FIA-286A Expenditure Reports submitted after the due date. Further, FIA reserves the right to defer or disallow payment of any claim submitted by Contractor for failure to document and provide to F1A any required paper or electronic records, statistics, and reports for medical support enforcement in Michigan as required by this Agreement or as are required by applicable state statute and federal regulations. C. Program Compliance Monitoring and Evaluation FIA 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, and all other terms set forth in this Agreement. Performance 6 compliance shall be measured against federal program standards established to ensure that program services are administered effectively and efficiently. HA shall request corrective action when a program compliance evaluation indicates areas of substantial non-compliance. HA shall conduct an annual self-assessment review to evaluate its 1V-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. FIA's agents will comply with Contractor's information technology acceptable use policies and guidelines for the county's computer system and protect the confidentiality of case records. D. Maximum Amount of Agreement 1. The maximum amount FIA agrees to pay Contractor for services as defined by the terms of the Agreement is THREE HUNDRED NINETY-SEVEN THOUSAND FIVE HUNDRED EIGHTY-EIGHT AND NO/100 DOLLARS ($397,588.00). 2. The maximum amount of costs to be reimbursed by FIA shall be the State Share of actual net expenditures during the life of this Agreement up to the maximum of the Medical Support Net Budget, a copy of which is attached and made a part of this Agreement. III. GENERAL PROVISIONS A. FIA'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 HA to continue or expand such activities. FIA may terminate this Agreement immediately upon written notice to Contractor at any time prior to the completion of this Agreement if, in the opinion of FIA, fthicling 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 applicable civil service rules and regulations. 7 C. Fees and Other Sources of Funding Contractor guarantees 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 agrees to delete from Contractor billings, or to immediately refund to FIA, the total amount representing such duplication of funding. D. Review and Monitoring Reports Contractor 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 F1A 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 shall permit HA 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 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 F IA 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 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. FIA shall adjust future payments or final payment if the findings of an audit indicate over or under payment to Contractor in the period prior to the audit. If no payments are due and owing Contractor, Contractor shall immediately refund all amounts which may be due FlA. F. Compliante with Civil Rights, Other Laws Contractor 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 shall also comply with the provisions of the Michigan Persons with Disabilities Civil Rights Act, P.A. No. 220, as amended, being sections 37.1101 et seq of the Michigan Compiled Laws 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 8 otherwise qualified handicapped individual shall, solely by reason of handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Contractor 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 shall comply with all other federal, state or local laws, regulations and standards, and any amendments, as they may apply to the performance of this Agreement. G. Publication Approval and Copyright 1. FIA 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 F1A. 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 FIA for use by Contractor in the performance of this Agreement shall remain in HA. Upon expiration of this Agreement or any extension of it, Contractor agrees to return said property to F1A or pay the then current fair market value of it to FIA. However, in the event that any such property is only partially funded by FIA, Contractor shall return said property to HA or pay F1A that portion of the current fair market value of such item which is in the same percentage as F IA's contribution to the original 0 purchase price. Where property in which HA has an interest is traded for other property, Contractor shall maintain continuing records to account for FIA's financial interest in such subsequent acquisitions. J. Subcontracts Contractor shall not assign this Agreement or enter into subcontracts, which shall be paid in whole or part using money received through this Agreement without obtaining prior written approval of FIA. RA, 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 shall be responsible for the performance of all assignees or subcontractors, and shall insure the subcontracted agents comply with all provisions of this Agreement. K. Cancellation of Agreement F1A reserves the right to cancel this Agreement by giving thirty (30) calendar days written notice to Contractor. Contractor may terminate this Agreement upon thirty (30) days written notice to FIA at any time prior to the completion of the Agreement period. L. Closeout/Extension 1. As subrecipients of federal funding, Contractor shall provide HA with all financial, performance and the 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. 2. Upon approval of Contractor's request, HA shall make payments to Contractor for allowable reimbursable costs not covered by previous payments. Contractor shall immediately refund to FIA any payments or refunds advanced to Contractor in excess of allowable reimbursable expenditures. M. Initial Elidibility 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. 10 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 eligible for further FFP funding. This request may be submitted 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 FIA's current year appropriation and that the request has been made in accordance with applicable federal regulations, state laws and F1A instructions. 0. Continuing Responsibilities Termination, conclusion, or cancellation of this Agreement shall not be construed so as to terminate the ongoing responsibilities or rights of the parties as provided in § Ill (E) and (L) of this Agreement, General Provisions, Examination and Maintenance of Records and General Provisions, Closeout Extension. P. Dispute Resolution 'I. 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 Contractor and F1A's Office of Child Support Field Managers, as appropriate. 2. Second Stage Resolution If it appears a dispute cannot be resolved at the local level, Contractor shall notify the other parties and the OCS Director, 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. 11 3. Formal Notca of Inant Contractor shall notify FIA in writing of their intent to pursue a claim against FIA for breach of any terms of this Agreement. No suit may be commenced by Contractor 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, at the request of FIA, must meet with the Director of FIA 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 not restrict the right to invoke and cancel under § III (K) of this Agreement, General Provisions, Cancellation 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 as set forth in this Agreement and payment for such services by FlA shall continue without interruption, except as provided in § 11(B) of this Agreement, FlA Duties and Responsibilities, Payment clause of this Agreement. Q. Amendment This Agreement may be amended, at the request of any party, only by written consent of all the parties, except as otherwise provided in this Agreement. If Contractor 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 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) calendar days notice if the name of Contractor, or the name of a subcontractor, manufacturer, or supplier of Contractor, 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 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. 12 S. Audit Requirements 1. This Agreement constitutes a subrecigient relationship with FIA a. Contractor is required to comply with all federal regulations that relate to the accounting and auditing of 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 FIA, Office of Internal Audit's Web page at the following Web address (URL): http://www.mfia.state.mi.us/oialindex.htm c. F1A 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 HA subrecipient programs and the different names Contractor may use to contract with FIA. Contractor is responsible for proper completion and submission of an Audit Transmittal Letter. This letter, to be accurately processed by FIA, must include the following information: 1. Contractor's name as reported in FIA Agreement(s); 2. Contractor's Federal Identification Number as reported on 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 Contractor's fiscal year the letter pertains to. 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 FIA 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 T. Acireement 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 and may not be contradicted by evidence of any prior contemporaneous agreement, oral or otherwise. U. Continuity of Service Each party agrees that they will use due diligence to insure services to FIA or its clients will 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 to provide client services. 15 ) • a 1 0 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 to the terms set forth in this Agreement. Dated at , Michigan 6th CIRCUIT COURT Court this day of , 2002 By: Chief Circuit Judge Witness: Print Name: Dated at , Michigan THE COUNTY OF OAKLAND Contractor this day of , 2002 By: Chairperson, Board of Commissioners Witness: Print Name: Dated at , Michigan FAMILY INDEPENDENCE AGENCY this day of , 2002 By: Douglas E. Howard, Director, or designee Witness: CONTRACT NO: CS/MED-03-63001 13 FISCAL NOTE (MISC.#02185) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2002/2003 MEDICAL SUPPPORT ENFORCEMENT REIMBURSEMENT CONTRACT APPLICATION/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 Family Independence Agency has awarded the 2002/2003 Medical Support Enforcement Reimbursement contract to the Oakland County Friend of the Court, for the period of October 1, 2002 through September 30, 2003. 2. The grant provides 100 96 reimbursement for services, which establish and enforce medical support and insurance provisions in domestic relations' cases. 3. The amount of the grant award is $397,588, which requires no County, match. 4. The contract provides funding to continue three (3) Domestic Support Specialists (position numbers 07792, 07947, and 08094), and three (3) Case Assistants (position numbers 07794, 07795, and 09124) and one (1) Domestic Support Specialist Supervisor (position number 07793), as well as related overtime. 5. The Fiscal Year 2003 Special Revenue budget will be amended during the budget process to appropriate grant revenue of $397,588, salaries of $254,238, fringe benefits of $108,199, and overtime of $35,151 per contract agreement. FINANCE COMMITTEE L. Broolcs PatIrson, County E),ecutive E FOREGOING RESOLUTION Date I HEREBY, In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 8th day of August, 2002. G. William Caddell, County Clerk • 1110 Resolution #02185 August 8, 2002 Moved by Crawford supported by Dingeldey the resolution be adopted. AYES: McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. - naannemsesw-pnprnelimirin.l...110,5""-"^",...-. 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 August 8, 2002, with the original record thereof now remaining in my office.