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HomeMy WebLinkAboutResolutions - 2002.09.19 - 27011MISCELLANEOUS RESOLUTION 402229 September 19, 2002 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - FISCAL YEAR 2003 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 Fiscal Year 2003 Title IV-D Cooperative Reimbursement Program (CRP) Contract, effective October 1, 2002 through September 30, 2003; and WHEREAS the Fiscal Year 2003 Title IV-D program totals $10,390,289 of which $22,139 will be funded by fees collected, the remaining $10,368,150 is funded by the State in the amount of ($6,576,295, 66%), the County match is ($3,387,788, 34%), in addition there is a contract funded State supplement allocation of $404,067; 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 Fiscal Year 2003 Cooperative Reimbursement Program Contract through September 30, 2003 for the Friend of the Court in the amount of $6,980,362 (Title IV-D program ($6,576,295 and State supplement $404,067). 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 Public Services Committee, I move the adoption of the foregoing resolution. PUB4C SE VICE CO20TEE /1---Vt4.4" Copy of Contract/Program Review Reques , Interoffice Memo from Karen Agacinski, Assistant Corporation Counsel, Attachment A, and Title IV-D Cooperative Reimbursement Contract on file in County Clerk's Office. Public Services Committee Vote: Motion carried unanimously on a roll call vote with Obrecht absent. Prentiss Malone, Jr. From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Wednesday, September 04, 2002 11:09 AM To: VanLeuvenj; Salamone, Joe; Malone, Prentiss Subject: CONTRACT REVIEW— FRIEND OF THE COURT RE: CONTRACT REVIEW - FRIEND OF THE COURT GRANT NAME: FY 2003 Cooperative Reimbursement FUNDING AGENCY: Michigan Family Independence Agency DEPARTMENT CONTACT PERSON: person's name & phone 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: Approve - Laurie Van Pelt (9/3/2002) Personnel Department: I approve - Judy Eaton (8/26/2002) Risk Management and Safety: Approved. - Stan Fayne (8/28/2002) Corporation Counsel: On review for the cooperative reimbursement grant contract, there appear to be no outstanding legal issues that require further action or resolution. - Karen Agacinski (9/4/2002) - 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 MEMO TO: Prentiss Malone, Financial Analyst FROM: Greg Givens, Fiscal Services DATE: 23 August 2002 FRIEND OF THE COURT FY 2003 Cooperative Reimbursement - Michigan Family Independence Agency - Contract Attached please find the above mentioned grant contract. Today these materials went into contract review. Please coordinate with your operating department in putting together the appropriate grant package which should include: a Board of Commissioner's' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and the final email from me containing grant review comments. I will forward to you the full review information when it is returned by the review departments. At that point we can work together in getting the grant materials to the operating departments to requested the grant materials to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. For our internal review, please also identify if any match requirement is already included in the budget and, if so, what that account number is within the budget. Also please identify if the match percentages have either stayed the same, increased, or decreased. Time frame: 3 September 2002 for BoC Committee mail-out Thanks — call if questions / 84057. Cc: Sheryl Mitchell, BoC Laurie VanPelt, DMB RE: Contract No: CS/FOC-03-63001 County: Oakland Contract Amount: $6,980,362.00 Method of Payment: Actual Cost AGREEMENT between MICHIGAN FAMILY INDEPENDENCE AGENCY and THE COUNTY OF OAKLAND 235 South Grand Avenue County Bldg, 1200 N Telegraph Rd P 0 Box 30037 Pontiac, MI 48341 Lansing, Michigan 48909 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 Chief Circuit Judge for the Court (together referred to as "Contractor"). I. CONTRACTOR DUTIES AND RESPONSIBILITIES Contractor shall enforce and seek modification of support orders, over which it has jurisdiction. As a subrecipient of Federal Financial- Assistance, Contractor 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 and enforcing support orders. Contractor will use the automated Michigan Child Support Enforcement System, as supported by 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"). A. Services Contractor 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: a. Wage or Income Withholding 1 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 pursuant to the FOG Delegation Agreement o. Other, as specified by Federal IV-n Regulations and Requirements and 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 8. Receive, account for, and disburse Voluntary Payments. 9. 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. 10. Abide by the Delegation Agreement in accordance with Central Financial Institution Data Match (FIDM) Business Rules for the purpose of Administrative Lien and Levy of financial assets. B. Reports Contractor shall prepare, complete and submit the following reports in the cycles indicated, to the units named: 2 7. Form: Cycle: To: 1. Form: Cycle: To: 2. Form: Cycle: To: 3. Form: Cycle: To: 4. Form: Cycle: To: 5. Form: Cycle: To: 6. Form: Cycle: To: FIA-286 - Title IV-D Cooper -five Reimborsemeni Expenditure Report, including appropriate time and caseick.d documentation. Due by the fifteenth (15) business day after month of service OCS Contract Manager Family Independence Agency Office of Child Support - Lansing FIA-820 - Support Collection Refund/Reimbursement Request As needed in accordance with MFOC Section 4000, Chapter 650 Family Independence Agency Payment Document Control - Lansing FIA-29 - Financial Deposit Report (Accompanied by bank deposit slips and listing of individual items for any Title IV-E State Ward charge back as required by MFOC Section 4000, Chapters 620 and 630) Varies with FOG from daily to weekly Family Independence Agency Cashier Office - Lansing FIA-316 or collection report requesting correction of distributed support collections No regular cycle: process as received Family Independence Agency Office of Child Support — Lansing - FIA-4518 Report of Client Received Support As needed in accordance with MFOC Section 4000, Chapter 615 OCS Support Specialist County Family Independence Agency Bank Reconciliation Report Monthly OCS Contract Manager Family Independence Agency Office of Child Support — Lansing FIA-192, Title IV-D Reinvestment of Incentives Quarterly Report Due by the fifteenth (15) business day of the first month following the end of the quarter OCS Contract Manager Family Independence Agency Office of Child Support - Lansing 3 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 !V-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 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 this Agreement. The Cooperative Reimbursement 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 HA to increase or decrease line items in the budget. Contractor's request for FIA 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 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. 4 3. Actual costs may include the cost of frge benefits provided for Contractor's 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 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 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 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 IV-D federal incentives received by Contractor must be reinvested in the Title IV-D program and must not supplant the 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 Non-IV-D activities must have the prior approval of the Director, Office of Child Support, FIA. I. 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 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 5 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 1V-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 and made part of this Agreement. FIA reserves the right to delay processing and payment to the next available cycle for FIA-286 Expenditure Reports submitted after the due date. 2. Further, F1A reserves the right to defer or disallow payment of any claim submitted by Contractor for failure to document and provide to FIA any required paper or electronic records, statistics, and reports to RA as required by this Agreement or as are required by applicable state statutes and federal regulations. C. Program Compliance Monitoring and Evaluation F1A shall monitor and evaluate Contractor performance for compliance with Title IV-D Standards, all Contractor duties and responsibilities, as identified in § 1 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. F1A shall request corrective action when a program compliance evaluation indicates areas of substantial non-compliance. 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. FIA's agents will comply with the Contractor's information technology acceptable use policies and guidelines for the county computer system and protect the confidentiality of the case records. D. Administrative Lien and Levy of Financial Assets F1A Central Enforcement Unit shall abide by the Central Financial Institution Data Match (F1DM) Business Rules developed by the State Court Administrative Office and F1A for the purpose of Administrative Lien and Levy of financial assets. 6 E. State Funding Supplemer 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 FIA-286 Cooperative Reimbursement Expenditure Reports. The total amount of the State Funding Supplement allocation, as defined by terms of this Agreement, is FOUR HUNDRED FOUR THOUSAND SIXTY-SEVEN AND NO/100 DOLLARS ($404,067.00). 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. 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 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%) of the net budget amount, has been expended, the third payment would be a proportionately lower amount of the remaining five percent (5%). This payment shall be processed after receipt and approval of FIA-286 Expenditure Reports for the last monthly period of this Agreement. FIA 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 the § Ill (E) of this Agreement, General Provisions, Examination and Maintenance of Records. F. 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. 7 G. Maximum Amount of Agreement 1. The cumulative 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 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 11(D) above. 2. The cumulative total maximum amount FIA agrees to pay Contractor for services as defined by the terms of the Agreement is SIX MILLION NINE HUNDRED EIGHTY THOUSAND THREE HUNDRED SIXTY-TWO AND NO/100 DOLLARS ($6,980,362.00), as follows: a. 66% of Total Program Cost (FFP): $ 6,576,295.00 b. State Funding Supplement (partially offsets county 34% of total program cost): $404,067.00 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. FlA'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 funding. 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, 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. 8 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 reimbursement 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 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 F1A 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 F1A 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. F1A 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 FIA. 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, 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 9 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 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. 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 FIA. Upon expiration of this Agreement or any extension of it, Contractor agrees to return said property to FIA 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 HA 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 shall maintain continuing records to account for FIA's financial interest in such subsequent acquisitions. 10 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. FIA, 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 HA or its employees, and procure the services from other sources. L. Closeout/Extension 1. As subrecipients of federal funding, Contractor shall provide FIA 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. 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. 11 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. F1A 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 rights of FIA 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 Contractor and FIA, 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. 3. Formal Notice of Intent Contractor shall notify FIA in writing of its 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 12 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 § 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 by the Contractor as set forth in this Agreement and payment for such services by FIA shall continue without interruption, except as provided in § 11(B) of this Agreement, FIA 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, 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. S. Audit Requirements 1. This Agreement constitutes a subrecipient relationship with FlA 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 13 accessing the FIA, Office of Internal Audit's Web page at the following Web address PRO: http://vvww.mfia.state.mi.us/01A/index.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 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 the FIA Agreement(s), 2. Contractor's Federal Identification number as reported on the FIA Agreement(s), 3. Contractor's fiscal year end; 14 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 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). 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 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 to provide client services. 15 IN WITNESS WHEREOF, FIA and Contractor f-iae caused this Agreement to be executed by their respective officers duly authc, to cc so. The Undersigned have the lawful authority to bind Contractor to the terms set forth in this Agreement. Dated at , Michigan 6th CIRCUIT COURT this day of 2002 By: Chief Circuit Court Judge 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 FAMILY INDEPENDENCE AGENCY this day of , 2002 By: Douglas E. Howard, Director, or designee Witness: CONTRACT NO: CS/FOC-03-63001 16 COUNTY PROVIDER _X FOC PA COMBINATION FUNDING YEAR 2003 CONTRACT No. CS/FOC-03-63001 OAKLAND MAXIMUM NET IV-D EXPENSES UNDER STATE CAP (OVER STATE CAP) 11,983,159 2,019,076 STATE SUPPLEMENT TOTAL STATE FUNDING 404,067 6,980,362 • a TITLE IV-D COOPERATIVE REIMBURSEMENT CONTRACT BUDGET A. CONTRACT DESCRIPTION COLUMN! I COLUMN II COLUMN III _ PROPOSED PROViDER'S IV-D TOTAL B. ALLOCATION FACTORS BUDGET ELIGIBLE BUDGET _ 1. Total FTE Postions (FOC, PA, COMB) 112.54 152.50 , A. Enforcement (FOC 8JOR COMB) 112.54 120.23_ B. Establishment (PA 8JOR COMB) 2. % of Total FTE's (IV-D Allocation Factor) 73.80% 100.00% A. Enforcement (FOC SJOR COMB) 73.80% 78.84% _ B. Establishment (PA &MDR COMB) 3. Caseload `3/0 (FOC & COMB) I 93.61% I 100.00% PROPOSED PROVIDER'S EV-D TOTAL , C. BUDGET CATEGORIES BUDGET ELIGIBLE BUDGET 1. Personnel $ _ 7,617,405 10,322,122 2. Data Processing $ 328.055 $ 444,538 3. Other Direct $ 1,365,823 , $ 1,850,810 4. Central Services $ 674,939 $ 914,590 5. Paternity Testing (PNCOMB Only) $ - $ - 6. Total Budget $ 9,986,222 $ 13,532,060 7. Service Fees (FOC & COMB Only) $ - $ (120,000) 8. Mediation Fees (FOC & COMB) NOT APPLICABLE (30,900) 9. Other Income (Describe) $ (22,139) $ (30,000), 10. Net Budget $ 9,964,083 $ 13,351,160 11. County Share @ 34% $3,387,788 .--:,- t- 12. State Share @ 66% $ 6,576,295 ,- -,, 13. TOTAL CONTRACT AMOUNT 9,964,083 , 14. State Funding Supplement $ 404,067 ACTUAL SUMMARY 6/25/02 6:34 PM FISCAL NOTE (MISC. #02229) September 19, 2002 BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - FISCAL YEAR 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 Michigan Family Independence Agency has awarded the FY 2003 Title IV Cooperative Reimbursement Program (CRP) Contract to the Oakland County Friend of the Court, for the period of October 1, 2002 through September 30, 2003. 2. The grant provides Title IV-D funding to continue the Friend of the Court/Cooperative Reimbursement Program in the amount of $10,390,289 of which $22,139 will be funded by fees collected, the remaining $10,368,150 is funded by the State in the amount of $6,576,295 (66%), the County match is $3,387,788 (34%), in addition there is a contract funded State supplement allocation of $404,067. 3. The amount of the grant award is $6,980,362, comprised of $6,576,295 in Title IV-D program funding, and $404,067 in State supplemental funding, the County match of $3,387,788 is budgeted in the general fund under Circuit Court, no additional General Fund appropriation is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Causey-Mitchell and Palmer absent. G. William Caddell, County Clerk 4 n Y, . III Resolution #02229 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 j#the Cgieflty of Oakland at Pontiac, Michigan this 19th day of September, 2002.