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HomeMy WebLinkAboutResolutions - 2002.09.19 - 27009MISCELLANEOUS RESOLUTION #02227 September 19, 2002 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2003 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Family Independence Agency of the State of Michigan has awarded the Office of the Prosecuting Attorney funding in the amount of $1,949,894 for the period October 1, 2002 through September 30, 2003; and WHEREAS this is the 30 th year of grant acceptance for this program; and WHEREAS the contract award of $1,949,894 is an increase of $88,147 (4.73%) of the current award; and WHEREAS the Federal contribution is $1,286,930 (66 96), the County contribution is $589,756 (30.25%), and the State supplement is $73,208 (3.75%); and WHEREAS the required County match of $589,756 has been included in the FY 2003 County Executive Recommended Budget; and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the contract renewal for the Prosecuting Attorney's Cooperative Reimbursement Program in the total amount of $1,949,894 for the period of October 1, 2002 through September 30, 2003. BE IT FURTHER RESOLVED that future level of service, including personnel, will be contingent upon the level of funding available from the State for this program. BE IT FURTHER RESOLVED that amendments be made to the Prosecuting Attorney's grant budget to reflect the changes in the award as detailed in Attachment A. 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. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PU/B IC SERVNIES C9M1ITTEE 7 Public Services Committee Vote: Motion carried unanimously on a roll call vote with Obrecht absent. 24 24 $ 1,071,248 $1,071,248 454,908 454,908 $ 1,526,156 $1,526,156 0 $ (11,359) 26,203 $ 14,844 0.98% 225 68,373 875 (9,000) 10,000 1,306 1,524 Attch A Object OFFICE OF THE PROSECUTING ATTORNEY Oakland County Cooperative Reimbursement Program Grant FY 2002 Budget compared to FY 2003 Award FY 2002 FY 2003 FY 2003 Variance OCA 294118 Adopted Application Award FY 2003 Award PCA 43200 Budget/Award to FY 2002 Budget Positions 24 2001 Salaries $ 1,082,607 2075 Fringe Benefits 428,705 Total Personnel Cost $ 1,511,312 Operating 2420 Blood Tests - Paternity 2524 Clothing Allowance 2548 Computer Research Service 2792 Expert Witness Fees and Mileage 2808 Extradition Expense 2960 Indirect Cost 3172 Membership Dues Publications 3196 Miscellaneous 3292 Personal Mileage 3324 Printing 3348 Professional Services 3756 Travel & Conference 4100 FA Expendable Equipment 4252 Office Supplies 4284 Postage 6018 Equipment Rental 6631 Building Space Cost 6636 Info Tech Operations 6660 Radio Communications 6661 Motor Pool 6664 Mail Room 6666 Print Shop 6667 Convenience Copier 6675 Telephone Communications 6677 Insurance Fund $ 7,350 $ 7,350 $ 7,350 1,125 1,350 1,350 19,000 19,000 19,000 500 500 500 25,000 25,000 25,000 85,563 153,936 153,936 1,000 1,000 1,000 1,000 1,000 1,000 1,700 1,700 1,700 2,500 2,500 2,500 13,100 13,100 13,100 4,000 4,875 4,875 1,800 1,800 1,800 11,000 11,000 11,000 9,000 - _ 3,000 3,000 3,000 86,565 86,565 86,565 17,280 17,280 17,280 5,664 5,664 5,664 22,200 22,200 22,200 - 10,000 10,000 500 1,806 1,806 3,500 5,024 5,024 19,500 19,500 19,500 8,588 8,588 8,588 Total Operating Costs $ 350,435 $ 423,738 $ 423,738 $ 73,303 20.92% GRANT TOTAL $ 1,861,747 $ 1,949,894 $1,949,894 $ 88,147 4.73% State (Federal) Share $ 1,337,602 71.85% $ 1,286,930 66,00% $1,286,930 66.00% County Share 524,145 28.15% 589,756 30.25% 589,756 30.25% State Supplement 73,208 3.75% 73,208 3.75% REVENUE TOTAL $ 1,861,747 $ 1,949,894 $1,949,894 Prepared by Fiscal Services 9/03/02 Gala Piir From: Greg Givens [givensg@co.oakland.mi.us] Sent: Wednesday, September 04, 2002 11:21 AM To: VanLeuvenj; Case, David; Piir, Gala Subject: CONTRACT REVIEW— PROSECUTOR'S OFFICE RE: CONTRACT REVIEW - PROSECUTOR'S OFFICE GRANT NAME: FY2003 Cooperative Reimbursement FUNDING AGENCY: Michigan Family Independence Agency DEPARTMENT CONTACT PERSON: Dave Case - 85622 STATUS: Acceptance DATE: 4 September 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: Approved - Laurie Van Pelt (9/3/2002) Personnel Department: I approve - Judy Eaton (8/27/2002) Risk Management and Safety: Approved. No comments. - Stan Fayne (8/28/2002) Corporation Counsel: After reviewing this grant contract, there appear to be no outstanding legal issues that require additional resolution or additional action. - Karen Agacinski (8/30/2002) 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 Contract No: County: Contract Amount: Method of Payment: CS/PA-03-63002 Oakland $1,360,138.00 Actual Cost AGREEMENT between and MICHIGAN FAMILY INDEPENDENCE AGENCY 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, 2002 through September 30, 2003, is by and between the Family Independence Agency, (referred to as "FIA"), the County of Oakland, a public organization, and the Prosecuting Attorney for the County, (together referred to as "Contractor"). I. CONTRACTOR DUTIES AND RESPONSIBILITIES Contractor shall comply with all requirements of Title 1V-D of the Social Security Act, and. shall implement all applicable federal regulations and requirements, statutes, court rules, and F1A policies and procedures that relate to obtaining child support court orders and establishing paternity. Contractor will use the automated Michigan Child Support Enforcement System, the Prosecuting Attorney Handbook, the Prosecuting Attorney 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"). A. Services Contractor shall: 1. In the exercise of its prosecutorial duties, make IV-D services available to all eligible persons. 2. Make all reasonable efforts to establish paternity and secure orders as needed for the establishment of court ordered child support for children born in or out of wedlock as provided by law. 3. Allow FIA and its identified agents access to all IV-D case records for the purpose of annual Title IV-D Self-Assessment case readings. 4. Achieve compliance through this Agreement and the Prosecuting Attorney Handbook, which are incorporated into this Agreement by reference. B. Reports Contractor shall prepare, complete and submit the following reports in the cycles indicated, to the units named: 1. Form: FIA-286 - Title 1V-D Cooperative Reimbursement Expenditure Report, including appropriate time documentation. Cycle: Due by the fifteenth (15) business day after month of service To: OCS Contract Manager Family Independence Agency Office of Child Support - Lansing 2. Form: Prosecuting Attorneys Quarterly Report Cycle: Due by the tenth (10) business day after the end of the quarter To: Family independence Agency Office of (Mild Support - Lansing 3. Form: FIA-1856 - Title IV-D Support Referral, also known as Court Action Referral Cycle: Respond in writing when action on case completed; (dismissal or order) To:OCS Support Specialist County Family Independence Agency 4. Form: FIA-192, Title IV-D Reinvestment of Incentives Quarterly Report Cycle: Due by the fifteenth (15) business day of the first month following the end of the quarter To: OCS Contract Manager Family Independence Agency Office of Child Support - Lansing C. Client Grievance System Each 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 IV-D regulations. Information about the grievance system shall be provided to clients or F1A 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 2 IV-D Standards throughoLit the life of this Agreement, and agrees to comply with all IV-D, OCS and FIA reporting requirements. E. Applicable Costs Contractor, as a subrecipient of Federal Financial Assistance, agrees 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 thisAgr c, c..mnt. The Cooperative Reimbursement Budget is attached and mgric. 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 HA 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 FIA is 90 days prior to the end date of the contract. The person authorized to approve budget revisions is the Director, Office of Child Support, FIA, or designee. 3. Actual costs may include the cost of fringe benefits provided for Contractor 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 Contractor shall submit a monthly "Title IV-D Cooperative Reimbursement Expenditure Report," (Form FIA-286) detailing program-related expenditures. The FIA-286 shall indicate actual costs by category of expense in the performance of this Agreement for 3 the period being billed. The FIA-286 shall be submitted within fifteen (15) business days from the end of the monthly billing period to the OCS Contract Manager. For the month of September, Expenditure Reports shall be submitted as directed by HA to meet fiscal year-end 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 FIA current fiscal year appropriation. H. 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 1V-D federal incentives received by Contractor must be reinvested in the Title IV-D program and must not supplant Contractor's share of expenditures covered by this and other IV-D eligible contractual agreements between F1A and Contractor. Any other use of federal incentives for Non-l\/-D activities must have prior approva l by the Director, nffic0 of (MO Support, IL HA DUTIES AND RESPONSIBILITIES A. Program Administration F1A, 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. F1A shall distribute program regulations, forms and instructions to Contractor through the 1V-D Program Prosecuting Attorney Handbook, the Prosecuting Attorney Letter Series, the OCS IV-D Combined Manual and the Michigan IV-D Action Transmittals. B. Payment 1. F1A shall complete its processing of payments to Contractor within thirty (30) calendar days after receipt of Contractor's monthly FIA-286, "Title IV-D Cooperative Reimbursement Expenditure Report," detailing program related expenditures. Payments shall be made in accordance with the budget attached to and made part of this Agreement. F1A reserves the right to delay processing and payment to the next available cycle for F1A-286's submitted after the due date. 2. 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 to FIA as required by this Agreement or as are required by applicable state statutes and federal regulations. 4 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, Contractor Duties and Responsibilities, and all other terms set forth in this Agreement; and FIA shall conduct an annual self-assessment review to evaluate its IV-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. F1A's agents will comply with the Contractor's information technology acceptable use policies and guidelines for the county's computer system and protect the confidentiality of the case records. D. State Funding Supplement 1. HA 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 total amount of the State Funding Supplement allocation, as defined by terms of this Agreement is SEVENTY-THREE THOUSAND TWO HUNDRED EIGHT AND NO/100 DOLLARS ($73,208.00). The amount of Contractor's net share of Title IV-D expenditures covered by this Agreement cannot be less than the amount of this State Funding Supplement allocation. 2. F1A 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 F1A-286 Expenditure Reports for the first three months of this Agreement. This payment shall be fifty percent (50%) of the above-stated State Funding Supplement allocation. b. The second payment shall be processed within thirty (30) 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 above-stated State Funding Supplement allocation. c. The third payment, as part of the contract closeout process, shall be the remaining five percent (5%) of the above-stated State Funding Supplement allocation, if the Contractor expends one hundred percent (100%) of its total net budget. If less than the full amount of the Agreement's net budget, but more than ninety-five percent (95%), has been expended, the third payment would be a proportionately lower amount of the remaining five percent (5%). This 5 payment shall be processed after receipt and approval of final 'FIA-286 Expenditure Reports for the last monthly period of this Agreement. HA will not modify the amount of the final funding supplement based on revised Expenditure Reports received after the payment is issued. 3. These funding supplements shall be subject to conditions specified in § 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 cumulative maximum amount of costs to be reimbursed by F1A shall be the State Share of actual net 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 and made a part of this Agreement, and which shall include the State Funding Supplement, identified in Section H (D) above. 2. The cumulative total maximum amount FIA agrees to pay Contractor for services as defined by the terms of the Agreement is ONE MILLION THREE HUNDRED SIXTY THOUSAND ONE HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS ($1,360,138.00), as follows: a. 66% of Total Program Cost (State Share/FFP): $ 1,286,930.00 b. State Funding Supplement (partially offsets county 34% of total program cost): $73,208.00 3. If review of Contractor's financial records indicates costs are projected to exceed the current budget, Contractor is required to submit an Amendment request. The deadline for submission of these documents is 90 days prior to the end of the contract period. III. GENERAL PROVISIONS A. F1A's Source of Funds-Termination F1A'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 F1A 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 HA, 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 applicable civil service rules and regulations. C. Fees and Other Sources of Funding The Contractor may not accept reimbursement from a client unless this Agreement specifically authorizes such reimbursement in the "Contractor Responsibility" section. In such case, a detailed fee scale and criteria for charging the fee must be included with prior F1A approval. if the Contractor accepts reimbursernent from a client in accordance with the terms of this Agreement, the Contractor shall deduct such reimbursement from its billings to the FIA. 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 aad on specified forms as established 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 Maintenaroe of Records -- Contractor shall permit, HA or any of its ideritifieu :Igent s, access to the facilities being utilized at any reasonable time to observe the 7q the program. Further, Contractor shall retain ail books, records or other d oct—n6rii9- rellevant to this Agreement for five (5) years after final payment at their cost, and any persons duly authorized by FIA 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 unt3 the audit is completed. HA shall provide findings and , recommendations of audits to Contractvr. F--IA 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 al dit no payments are due and owing Contractor, Contractor shall immediately refu -nd MI amounts which mat; be due FIA. 7 F. Compliance 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, 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 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. rz. 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 FIA. 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 services, applicants, clients, or recipients obtained in connection with the performance of this Agreement, shall be restricted to only the purposes directly connected with the administration of the programs implemented by this Agreement. 8 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 FIA or pay F1A that portion of the current fair market value of such item, which is in the same percentage as F1A's contribution to the original purchase price. Where property in which FIA 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 will be paid in whole or part using money received through this Agreement without obtaining prior written approval of FIA. HA, 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 ensure the subcontracted agents comply with all provisions of this Agreement. K. Cancellation of Agreement 1. FIA reserves the right to cancel this Agreement by giving thirty (30) calendar days written notice to Contractor prior to the date of cancellation. Contractor may terminate this Agreement upon thirty (30) calendar days written notice to FIA at any time prior to the date of cancellation. 2. In case of default by the Contractor, the FIA may immediately cancel the contract without further liability to the FIA or its employees, and procure the services from other sources. L. Closeout/Extension 1. As subrecipients of federal funding, Contractor 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 F1A. 2. Upon approval of Contractor's request, FIA shall make payments to Contractor for allowable reimbursable costs not covered by previous payments. Contractor shall 9 immediately refund to F1A any payments or funds advanced to Contractor in excess of allowable reimbursable expenditures. M. Initial Eligibility for Federal Financial Participation 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 F1A instructions. N. Continuing Eligibility for Federal Financial Participation 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 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-U federal regulations, state laws and FIA instructions. O. Continuing Responsibilities Termination, conclusion, or cancellation of this Agreement shall not be construed so as to terminate the ongoing responsibilities of Contractor or rights of HA contained in § Ill (E) and (L) of this Agreement, General Provisions, Examination and Maintenance of Records and Genera/ 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 be first attempted at the local level by Contractor and F1A, Office of Child Support Field Managers, as appropriate. 10 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. 3. Formal Notice of Intent 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 HA 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 § Ili (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 by Contractor 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. Q. 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 refuses to sign such amendment, HA 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 11 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 1. 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 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://www.mfia.state.mi.us101A/index.htm c. HA 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 12 3. Audit Transmittal Letter a. Contractor is responsible to identify in an Audit Transmittal Letter all organizations it operates that administer FIA 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 all of F1A Agreement(s); 2. Contractor's Federal Identification Number as reported on FIA Agreement(s); 3. Contractor's fiscal year end; 4. Identify other name(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 HA 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 awards 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). 13 T. Agreement Inclusiveness This Agreement with the previously mutually approved Application incorporated by reference and made a part of this Agreement, 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 shall use due diligence to insure services to RA 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 to provide client services. 14 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 PROSECUTING ATTORNEY this day of , 2002 By: Prosecuting Attorney Witness: Print Name: Dated at , Michigan THE COUNTY OF OAKLAND CONTRACTOR this day of , 2002 By: Chair, Board of Commissioners Witness: Print Name: Dated at , Michigan FAM1LN' INDEPENDENCE AGENCY this day of , 2002 By: Douglas E. Howard, Director, or designee Witness: CONTRACT NO: CS/PA-03-63002 15 • TITLE .1V-D COOPERATIVE REIMBURSEMENT CONTRACT BUDGET A. CONTRACT DESCRIPTION COUNTY OAKLAND CONTRACT NO. CS/PA-03-63002 PROVIDER FOC X PA FISCAL YEAR 2003 . , COMBINATION COLUMN COLUMN Ii . _ t PROPOSED . IV-D ATIOS, FACTORS BUDGET ELIGIBI , 1. Total FTE Positions (FOC, PA, COMB) 24 24 A. Enforcement (FOC 8JOR COMB) 0 0 B. Establishment (PA 8JOR COMB) 94 24 2. % of Total FTE's (IV-D Allocation Factor) 1 00.00% 100.00% A. Enforcement (FOC 8JOR COMB) 0.00% 0.00% B. Establishment (PA 8i/OR COMB) 100.00% 100.00% 3. Caseload °A (FOC & COMB) 0.00% 0.00% , PROPOSED IV-D TOTAL '' BO G -.T CATE,BVRIgS -BUDGET ., ELIGI -E ,13t9 1. Personnel 1,527,506 $ 1,527,506 2. Data Processing $ 17,280 $ 17,280 3. Other Direct $ 243,822 $ 243,822 4. Central Services $ 153,936 $ 153,936 5. Paternity Testing (PA/COMB Only) $ 7,350 $ 7,350 6. Total Budget 1,949,894 $ 1,949,894 7. Service Fees (FOC & COMB Only) 8. Mediation Fees (FOC & COMB) NOT APPOCA 9. Other Income (Describe) 10. Net Budget $1,949,894 $1,949,89 11. County Share @ 34% $662,964 12. State Share @ 66% $1,286,930 13. TOTAL CONTRACT AMOUNT $1,949,894 14. State Funding Supplement $73,208 - 4 - FISCAL NOTE (MISC. #02227) September 19, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2003 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT 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 Prosecuting Attorney is requesting the acceptance of the FY 2003 Cooperative Reimbursement Program Grant. This is the 30 th year of grant acceptance. 2. The grant award of $1,949,894 is $88,147 (4.73%) more than the current award. The Federal contribution is $1,286,930 (66%), the County contribution is $589,756 (30.25%), and the State supplement is $73,208 (3.75%). 3. The Prosecutor's Cooperative Reimbursement Program Grant budget will be amended as shown on Attachment A. 4. A grant match increase of $65,611 from the current year award is included in the FY 2003 Finance Committee Recommended Budget Non-departmental grant match line item. 5. The Fiscal Year 2003 Budget be amended as follows: General Fund 90-290000-25000-2872 41-211000-43200-2872 Grant Match Grant Match ($65,611) $65,611 0 FINANCE COMMITTEE / /gaf( Kat-i FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Causey-Mitchell and Palmer absent. G. William Caddel Resolution #02227 September 19, 2002 Moved by Coleman supported by Crawford the resolutions on the Consent Agenda, be adopted. AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted. 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 September 19, 2002, 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 19th day of September, 2002.