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Resolutions - 2004.11.18 - 27623
PUBLIC SERVICES COMMITTEE MISCELLANEOUS RESOLUTION 104324 November 18, 2004 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2005 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) GRANT 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 $2,235,487 for the period October 1, 2004 through September 30, 2005; and WHEREAS this is the 32nd year of grant acceptance for this program; and WHEREAS the Federal contribution is $1,475,422 (66%), the County contribution is $679,133 (30.38%), and the State supplement is $80,932 (3.62%); and WHEREAS the required County match of $679,133 has been included in the FY 2005 Adopted Budget; and WHEREAS this grant includes continued funding for 24 positions, as follows: one (1) Chief (441201-2946), one (1) Legal Secretary (#41201-2932), one (1) Office Supervisor (441201-979), three (3) Assistant Prosecutors (44:41201-2052, 441201-2492, 441201-7046), three (3) Prosecutor Investigators (#41201-1002, 441201-1847, 441201-9646, four (4) Support Specialists (#41201- 916, 441201-4690, 441201-6388, 441201-7379), and eleven (11) Office Assistants (#41201-361, 441201-514, 441201-2160, 441201-2612, 441201-3224, 441201-3366, #41201-4691, 441201-4692, 441201-5412, #41201-7045, #41201-7380) ;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 $2,235,487 for the period of October 1, 2004 through September 30, 2005. 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. Public Services Committee Vote: Motion carried unanimously on a roll call vote. Gaia Piir From: Greg Givens [givensg©co.oakland.mi.us ] Sent: Friday, October 29, 2004 1:38 PM To: Doyle, Larry; Case, David Cc: Piir, Gaia; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary; Hanger, Helen Subject: CONTRACT REVIEW — Prosecuting Attorney CONTRACT REVIEW - Prosecuting Attorney GRANT NAME: 2005 Cooperative Reimbursement Program - Contract FUNDING AGENCY: Michigan Family Independence Agency DEPARTMENT CONTACT PERSON: David Case / 85377 STATUS: Acceptance DATE: October 29, 2004 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. Please note the comments from Corporation Counsel. 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. Department of Management and Budget: Approved.- Laurie Van Pelt (10/29/2004) Department of Human Resources: Approved. - Ed Poisson (10/22/2004) Risk Management and Safety: Approved by Risk Management - Julie Secontine (10/22/2004) Corporation Counsel: After reviewing this grant contract, there appear to be no outstanding legal issues that require additional action or resolution. Please note that the contract changes the period for "retention of books, records and other documents relevant to the Contract from 5 to 6 years" in Section III(E), Examination and Maintenance of Records. - Karen Agacinski (10/28/2004) 1 OCA 294118 PCA 43200 Object FY 2004 Amended Budget FY 2005 Award FY 2005 Application Variance FY 2005 Award to FY 2004 Budget Attachment A OFFICE OF THE PROSECUTING ATTORNEY Oakland County Cooperative Reimbursement Program Grant FY 2004 Amended Budget compared to FY 2005 Award Positions 2001 Salaries 2075 Fringe Benefits Total Personnel Cost Operating 2420 Blood Tests - Paternity 2524 Clothing Allowance 2548 Computer Research Service 2792 Expert Witness Fees and Mileag 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 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 Total Operating Costs GRANT TOTAL 24 $ 1,107,376 577,666 $ 1,685,042 $ 7,350 1,350 19,000 500 25,000 181,133 1,000 1,000 1,700 2,500 13,100 4,875 1,800 7,000 918 77,521 17,280 3,646 19,980 22,411 3,904 3,402 23,300 4,754 $ 444,424 $ 2,129,466 24 24 $ 1,151,129 $1,151,129 602,115 602,115 $ 1,753,244 $1,753,244 $ 7,360 $ 7,360 19,000 19,000 500 500 25,000 25,000 217,360 217,360 1,000 1,000 1,000 1,000 1,700 1,700 2,500 2,500 13,100 13,100 4,875 4,875 1,800 1,800 7,000 7,000 918 918 79,551 79,551 17,280 17,280 3,112 3,112 15,000 15,000 27,170 27,170 2,990 2,990 4,010 4,010 25,041 25,041 4,976 4,976 $ 482,243 $2,235,487 0 $ 43,753 24,449 $ 68,202 $ 10 (1,350) 36,227 2,030 (534) (4,980) 4,759 (914) 608 1,741 222 $ 37,819 $106,021 $ 482,243 $2,235,487 State (Federal) Share County Share State Supplement REVENUE TOTAL $ 1,405,448 652,835 71,183 $ 2,129,466 66.00% $ 1,475,422 30.66% 679,133 3.34% 80,932 $2,235,487 66.00% $ 1,475,422 30.38% 679,133 3.62% 80,932 $2,235,487 66.00% 30.38% 3.62% Prepared by Fiscal Services 10/29/2004 GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Ed Poisson — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Prosecuting Attorney 2005 Cooperative Reimbursement Program - Contract Michigan Family Independence Agency 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. Time Frame for Returned Comments: November I, 2004 GRANT INFORMATION Date: October 21, 2004 Operating Department: Prosecuting Attorney — Family Support Division Department Contact: David G. Case Contact Phone: 858-5377 Other ID Number: CS/PA-05-630001 REVIEW STATUS: Acceptance - Resolution Required Funding Period: October 1, 2004 — September 30, 2005 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None Funding Continuation/New: Continuation Application Total Project Amount: $ 2,235,487 Prior Year Total Funding: $ 2.129,466. New Grant Funded Positions Request: None Changes to Current Positions: Please refer to application document. Grantor Funds: $ 1,556,354 Federal and State combined Total Budget: $ 2,235,487 Match and Source: $ 679,133 County (Prosecutor's Grant Match). PROJECT SYNOPSIS The Cooperative Reimbursement Program Grant funds the Prosecuting Attorney's Family Support Division, which is charged with the responsibility of litigating paternity, in-state, and interstate child support cases in the Family Division of the Oakland County Circuit Court. The division enforces state laws regarding the support of children. and is responsible for establishing court orders for child support to be paid through the State Disbursement Unit. In addition, the division investigates, arrests, and prosecutes felony criminal charges against "deadbeat" parents. These cases often involve extraditing defendants from other states who have fled Michigan to avoid paying court-ordered child support. The Family Support Division is a "Title IV-D Agency -, having a contract with the Michigan Family Independence Agency to perform work required by the federal Social Security Act. As a result of the combined activity of the Family Support Division and the Friend of the Court. Oakland County receives federal incentive payments for excellence in child support enforcement, NOTE - No issues were noted at the time of application review (8/24/2004). JENNIFER M. GRANHOLM GOVERNOR STATE OF 114IailGAN FAMILY INDEPENDENCE AGENCY 'OFFICE OF CHILD SUPPORT ft I MARIANNE UDOW DIRECTOR October 12, 2004 Mr. David Case Family Support Division Chief Oakland Co. Prosecutor's Office 1200 N. Telegraph Rd. Pontiac, MI 48431-0403 Re: Fiscal Year 2005 Title IV-D Cooperative Reimbursement Contract For Oakland County CSPA 05-63002 Dear 1111.1...Zese.: _Dar v ' Two copies of the Cooperative Reimbursement Contract and a copy of the approved application are enclosed. Please have the signature actions specified below completed and sent to this office by November 12, 2004: 1. Sign, date and witness both Contracts (provider or designee). 2. Have the program Contractor (Chair, County Board of Commissioners or designee) sign date and witness both Contracts. 3. Return to this Office at the address listed below, both signed Contracts (originals). After receipt of the signed Contracts, we will obtain the signature of the Director of the Family Independence Agency and return a fully executed Contract to you. Sincerely, Marilyn F. ephen, Director Office of Child Support Enclosures 235 S. GRAND AVENUE • P.O.BOX 30478 • LANSING, MICHIGAN 48909-7978 www.mi-support.mfia.statesni.us • (517) 373-7570 I 4 Michigan Family Independence Agency — Office of Contracts and Rate Setting Child Support — Prosecuting Attorney (CM-164) -Actual Cost Cover Sheet 1 Contractor Name: 1 Contract: Oakland Co. Prosecutor CSPA-05-63002 Amount: S1,556,354.00 CS-I38#: Expires: Commodity Code: Mail Code: N/J 9/30/05 FTR1002 010 Contract Administrator: Phone #: Patrick Flannery 517-335-1447 SS# or Fed. I.D. # Award Status: 38-6004876 Bid ', Sole Source E Fair Market Rate Begin day and mouth of Contractor's fiscal year: First day of month October, month of year Audit Status: I Vendor I I] No Federal I Faith Based: N Sub-recipient If checked, record CFDA number(s) below ' Yes X No 'V3.563 • Count(ies): Oakland Org. Type: • Private, Non-profit Private, Proprietary X Public Payment Type: - Actual Rate LI Ei Unit Rate • Fair Market Rate Contractor i5 a state employee: 1 Contractor is a retired state employee: /Yes 11 No & • Yes No Index Code: PCA: ? AOC: 50700 83202 6155 Contract Administrator's Checklist Indicate below which steps have been completed in the contracting process. Required documents must be On file in the local or program office or forwarded to OCRS as appropriate. • County FIA Board review request I=1 Evaluation Summary (For renewal contracts) received by Program Office: El Subcontract(s) (If social services to be provided by entity other than the Contractor) Copy received, reviewed, and approved by Program Office: • Cost Documentation (Indicate type of documentation.) Reviewed and approved by contract administrator on El Contract budget (CM-468 or CM-468G.) • Contractor fee schedule • FIA Fair Market Rate service Administrative Board Request (If contract exceeds $25,000 for total contract period) Zone Contract Coordinator reviewed and approved on: Affirmation of Standard Contract Provisions I affirm that the General Provisions, as contained in Article III of standard FIA contract format have not been changed in this Agreement. Signature of Contract Administrator: Date: Contract/Coordinator: Date: Contract No: County: Net Budget Amount: FIA Contract Amount: Method of Payment: AGREEMENT between Michigan Family Independence Agency (MFIA) & The County of: Oakland (Contractor) 235 South Grand Avenue County Bldg., 1200 N. Telegraph Rd. P.O. Box 30037 Pontiac, MI 48341 Lansing, Michigan 48909 This Agreement, effective October 1, 2004 through September 30, 2005, is by and between the Family Independence Agency, (referred to as "FIA"), the County of Oakland, a public organization, and the Prosecuting Attorney (together, referred to as "Contractor"). I. CONTRACTOR DUTIES AND RESPONSIBILITIES 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 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- 0 Action Transmittals (referred to as "Title IV-D Standards"). A. Services The Contractor shall: 1. 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, including but not limited to: a. Central system case records; b. Paper-case records; and c. MiCSES and PAAM IV-D electronic case records. B. Reports Contractor shall prepare, complete and submit the following reports in the cycles indicated, to the units named. It is expressly understood that the timelines for reports set forth in this document are dependent on the ability of the Contractor to access MiCSES and extract this information: 1. Form: FIA-286 - Title IV-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 2. 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 C. Client Grievance System Contractor shall have a formal grievance policy, that provides the opportunity to seek relief for those who believe they have not received services required by the IV-D program. Information about the grievance policy shall be provided 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 and Billing Method Contractor, as a subrecipient of Federal Financial Assistance, agrees to abide by applicable provisions of the Cost Principles for State and Local Governments issued by the Federal Office of Management and Budget Circular No. A-87. This -2- Circular provides cost principles to be used in determining the availability of Federal Financial Assistance for Child Support activities under Title IV-D of the Social Security Act. 1. The Actual Cost Reimbursement Method shall be used to claim reimbursement under this Agreement. Only actual costs may be billed. The Title IV-D Program -Budget Summary is attached and made a part of this Agreement. The Title IV-D Program 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. 2. Contractor must obtain prior written approval from FIA to increase or decrease line items in the budget. a. The written 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 and the programmatic impact of the budget changes. The increase or decrease of line items in the budget must stay within the originally approved budget total. b. The due-date to submit a line item transfer request to FIA is 90 days prior to the end date of the contract. c. The person authorized to approve budget revisions is the F1A Office of Child Support. F1A shall provide an initial response to line item transfer requests within 30 days of receipt. d. If any staff funded in part or 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. 3. Actual costs include the cost of -fringe benefits provided for contract employees billed under this Agreement. The fringe benefits billed must be proportional to the time the 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. F. 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. 1. The FIA-286 shall be submifted to OCS Contract Services within fifteen (15) business days from the end of the monthly billing period. For the month of September, Expenditure Reports shall be submitted as directed by FIA to meet fiscal year-end due-dates and requirements. 2. Reimbursement of Expenditure Reports submitted after the RA fiscal year- end closing dates shall be dependent upon the availability of funds for prior year payment purposes in the applicable FIA current fiscal year appropriation. G. Reinvestment of 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. Reinvestment of incentives must be consistent with 45 CFR Part 305.35; non IV-D activities must have prior approval by the Director, Office of Child Support, RA. 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 with federal requirements. FIA shall distribute program regulations, forms and instructions to Contractor through the IV-D Program Prosecuting Attorney Handbook, the Prosecuting Attorney Letter Series, the OCS IV-D Combined Manual and the Michigan IV-D Action Transmittals. RA will provide timely processing of all claims for expenditure reimbursement in accordance with State regulations implementing § 2, Public Act 279 of 1984. B. Payment FIA 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 For FIA —286 Expenditure Reports submitted after the due date, processing and payment may be delayed to the next available cycle. 2. Further, FIA reserves the right to defer or disallow payment of any claim submitted by Contractor for failure to document and provide any required paper or electronic records, statistics, or reports, to FIA as required by this Agreement or as are required by applicable state statutes or federal regulations, provided that such requests are within the capacity of the Contractor to obtain. FIA must provide Contractor with 30 days notice of such an action as well as Contractor's right to appeal that decision. C. Program Compliance Monitoring and Evaluation 1. 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. FIA shall provide access to all federal reporting. FIA agrees to provide the Contractor with quarterly performance data no later than 30 business days after the close of each quarter. 2. 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; and, 3. FIA and its 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. 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 -5- defined by terms of this Agreement is EIGHTY THOUSAND NINE HUNDRED THIRTY-TWO AND NO/100 DOLLARS ($80,932.00). 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 FIA-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 payment shall be processed after receipt and approval of final 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 § 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 total maximum amount FlA agrees to pay Contractor for services performed during this fiscal period of October 1, 2004 through -6- September 30, 2005 as defined by the terms of the Agreement is ONE MILLION FIVE HUNDRED FIFTY-SIX THOUSAND THREE HUNDRED FIFTY-FOUR AND NO/100 DOLLARS ($1,556,354.00), as follows: a. The State Share/FFP (66%) of actual net Title IV-D 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: $1,475,422.00 b. State Funding Supplement $80,932.00 2. If review of Contractors financial records indicates costs are projected to exceed the current budget, Contractor is required to submit an Amendment request. The due-date or submission of this request is ninety (90) days prior to the end-date of the contract. FIA shall provide an initial response to budget amendments within thirty (30) days of receipt. Ill. GENERAL PROVISIONS A. FIA'S Source of Funds-Termination The FIA's payment of funds for purposes of this Agreement is subject to and conditioned upon the availability of funds for such purposes, being Federal and/or State funds. No commitment is made by the RA to continue or expand activities covered by this Agreement. The FIA may terminate this Agreement immediately upon written notice to the Contractor at any time prior to the completion of this Agreement if, in the opinion of the 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. C. Fees and Other Sources of Funding The Contractor may not accept reimbursement from a client unless the Contract 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. If the Contractor accepts reimbursement from a client in accordance with the terms of the contract, the Contractor shall deduct these fees from billings to the FIA. D. Reporting The Contractor shall comply with all program and fiscal reporting procedures as are or may hereinafter be established by FIA. The Contractor shall also comply with all reporting procedures established by FIA in completion of progress reports at time intervals and on forms, in formats, and by means specified by FIA. In particular, 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. Any additional reports as may be required to comply with Federal and/or State law or regulation shall be made and submitted by the Contractor upon request. Examination and Maintenance of Records The Contractor shall permit the FIA or any of its identified agents access to the facilities being utilized at any reasonable time to observe the operation of the program. Further, the Contractor shall retain all books, records or other documents relevant to this Agreement for six years after final payment, at the Contractor's cost, and Federal auditors and any persons duly authorized by the 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 six- year period and extends past that period, all documents shall be maintained until the audit is completed. The FIA shall provide findings and leuoinmendations of audits to the Contractor. The FIA shall adjust future payments or final payment if the findings of an audit indicate over or under payment to the Contractor in the period prior to the audit. If no payments are due and owing the Contractor, the Contractor shall immediately refund all amounts which may be due the FIA. The Contractor shall assure, as a condition of any sale or transfer of ownership of the Contractor agency, that the new purchasers or owner maintains the above- described books, records or other documents for any unexpired portion of the six- year period after final payment under this Agreement or the Contractor shall otherwise maintain said records as the FIA may direct. If business operations cease, the Contractor shall maintain records as the FIA may direct. The Contractor shall, as a provision of the Agreement between the Contractor and the auditor, assure that the FIA may make reasonable inquiries of the auditor relating to audit workpapers and, furthermore, that the FIA may review the auditor's workpapers in support of the audit. F. Compliance with Civil Rights, Other Laws The Contractor shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight or marital status pursuant to P.A. 453 of 1976, Section 209. The Contractor shall also comply with the provisions of the Michigan Persons with Disabilities Civil Rights Act, P.A. 1976, No. 220, as amended (M.C.L. Section 37.1101 et. seq.) and Section 504 of the Federal Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 355, which states that no employee or client or otherwise qualified handicapped individual shall, solely by reason of this handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Further, the Contractor shall comply with the Americans with Disabilities Act of 1990 (ADA), P.L. 101-336, 104 Stat. 327, which prohibits discrimination against individuals with disabilities and provides enforcement standards, The Contractor shall comply with all other Federal, State or local laws, regulations and standards, and any amendments thereto, as they may apply to the performance of this Agreement. G. Publication - Approval and Copyright The State of Michigan shall have copyright, property and publication rights in all written or visual material or other work products developed under the terms of this Agreement. The Contractor shall not publish or distribute any printed or visual material relating to the services provided under this Agreement without prior written permission of the State of Michigan. If the Contractor or an agent of the Contractor creates and/or reproduces under this Agreement materials which are developed for consumption by the general public or as a general information tool and which are funded in whole or in part with State of Michigan funds, the Contractor or its agent must include one of the statements referenced below, as they apply: - • This program is funded by the State of Michigan or • This program is funded in part by the State of Michigan H. Confidentiality The use or disclosure of information concerning services, applicants or recipients 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. In all other cases, disclosure shall be made only as required by federal and state laws, court orders or subpoenas, or subpoenas by a grand jury. I. Property Title The FIA reserves the right to retain or transfer title to all property, real or personal, included in the approved budget of this Agreement and billed to the HA by the Contractor. FIA property shall be used only for the performance of this Agreement unless another use is authorized in writing by FIA and shall promptly be returned or the FIA portion of the residual value refunded to FIA upon expiration of this Agreement, in its original condition, reasonable wear and tear excepted. J. Subcontracts The Contractor shall not assign this Agreement or enter into subcontracts to this Agreement with additional parties without obtaining prior written approval of the FIA. The 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 including Criminal Record and Central Registry background checks. The Contractor shall be responsible for the performance of all assignees or subcontractors. K. Cancellation of Agreement The HA may cancel the Agreement without further liability to the FIA or its employees by giving written notice to the Contractor thirty days prior to the date of cancellation. The Contractor may terminate this Agreement upon thirty days written notice to the RA at any time prior to the completion of the Agreement period. 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 -- When this Agreement is concluded or terminated, the Contractor shall provide the FIA, within thirty (30) days after conclusion or termination, with all financial, performance and other reports required as a condition of the Agreement. The FIA shall make payments to the Contractor for allowable reimbursable costs not covered by previous payments. The Contractor shall immediately refund to the FIA any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. M. Continuing Responsibilities -10- Termination, conclusion, or cancellation of this Agreement shall not be construed so as to terminate the ongoing responsibilities of the Contractor or rights of the FIA contained in Section III, "Examination and Maintenance of Records" and Section HI, "Closeout" of this Agreement. N. Disputes The Contractor shall notify the FIA in writing of intent to pursue a claim against the FIA for breach of any terms of this Agreement. No suit may be commenced by the Contractor for breach of this Agreement prior to the expiration of ninety (90) days from the date of such notification. Within this ninety (90) day period, the Contractor, at the request of the FIA, must meet with the Director of the FIA or designee for the purpose of attempting resolution of the dispute. 0. Agreement Inclusiveness/Amendment This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The Contractor shall, upon request by the FIA and receipt of a proposed amendment, amend this Agreement, if and when required in the opinion of the FIA, due to the revision of Federal or State laws or regulations. If the Contractor refuses to sign such amendment within fifteen days after receipt, this Agreement shall terminate upon such refusal. This Agreement may otherwise be amended only by the written consent of all the parties hereto. P. Termination - Unfair Labor Practice The FIA may void this contract upon fifteen days notice if the name of the Contractor, or the name of a subcontractor, manufacturer, or supplier of the Contractor, subsequently appears in the register compiled pursuant to Section 2 in P.A. 278 of 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. CI Monitoring Requirements FIA reserves the right to perform on-site visits to monitor the Contractor's activities under this Agreement at any time, either during the term, or within one year after termination of the Agreement. The Contractor shall cooperate with the FIA during the monitoring process by making available all records, facilities, and other resources necessary to perform the review. If FIA detects noncompliance with this Agreement, and/or questioned costs during the course of its review, these items shall be identified and conveyed to the Contractor in an exit conference. FIA shall provide Contractor with a detailed written report of these findings within thirty (30) days of the exit conference. The Contractor is required to address each item in FIA's report by providing a Corrective Action Plan (CAP) to eliminate or correct each issue of noncompliance. The Contractor shall submit the Corrective action plan to RA within thirty (30) days from issuance of FIA's report. If FIA identifies questioned costs that cannot be substantiated, RA may, at its discretion, and after consultation with the Contractor, require the Contractor to submit revised FIA-3469, "Statement of Expenditures": to reflect adjustment for disallowed costs. Submission of revised billings to FIA shall be made within a time schedule established by F1A and the Contractor. If the Contractor fails to comply with monitoring requirements as set forth in this Agreement, and within allotted time frames mutually established, FIA may, at its discretion, invoke sanctions on the Contractor, which may include, but are not limited to, actions to collect disallowed costs and/or cancellation of the Agreements. R. Reporting of Retiree Employment ALL OTHER CONTRACT PROVISIONS NOTWITHSTANDING, no reimbursement may be claimed under this agreement for salary or subcontracting expense to any specifically selected employee who retired from the State of Michigan using the early retirement program authorized by PA 93 of 2002. If FIA requires specific selection of an individual who retired from the State of Michigan under this program, a request for approval must be submitted to the RA Office of Human Resources and subsequently approved by the Office of the State Employer. FIA's failure to obtain written approval to contract or subcontract with specific retired employees under program authorized by PA 93 of 2002 shall result in subsequent termination of said agreement. The contractor shall provide written notification within fifteen (15) days of hiring to the FIA Office of Contracts and Rate Setting (OCRS) the name, social security number, and work site of any employee who retired from the State of Michigan using the early retirement program authorized by PA 93 of 2002. Failure to notify the OCRS within the allotted time per-iod may result in the exclusion as disallowance of all costs related to this agreement up to the time the proper notification is received by OCRS. S. Certifications Regarding Lobbying As required by section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the Contractor certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard form — LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. T. Certification Resardin. Debarment, Sus sension, and Other Res sonsibili Matters As required by Executive Federal order 12549, Debarment and Suspension, and implementation at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510. Each party to the Agreement certifies that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three-year period preceding this agreement been convicted of or had civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State or local) terminated for cause and default; and 5. Where the parties are unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. Contractor shall include above language in all subcontracts with other parties. U. Recoupment of Funding If the Contractor fails to comply with monitoring requirements as set forth in this Agreement, or fails to submit revised FIA-3469, "Statement of Expenditures" within allotted time frames established by FIA in consultation with the Contractor, FIA may, at its discretion, recoup or require the Contractor to reimburse payments made under this Agreement with F1A has determined that the Contractor has been overpaid. Upon notification by F1A that repayment is required, the Contractor shall make payment directly to FIA within 30 days or FIA may withhold current or future payments made under this or any other agreements, current or future, between FIA and the Contractor. If the Contractor fails to: (1) correction noncompliance activities identified by FIA, (2) submit revised billings as requested as part of a Corrective Action Plan when required; or (3) if the Contractor doesn't remit overpayments or make arrangements to have the overpayments deducted from future payments within 30 days, such failure shall constitute grounds to terminate immediately any or all of F1A's agreements with the Contractor. F1A shall also report noncompliance of Contractor to Michigan's Department of Management and Budget. Such report may result in Contractor's debarment from further contracts with the State of Michigan. V. Compliance with Federal and State Requirements The Contractor shall comply with all Federal, State or local statutes, regulations and administrative rules, and any amendments thereto, as they may apply to the performances of this Agreement. By: Prosecuting Attorrl David G. Gorcyca Thomas A Law (Print Name) f 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 Pontiac , Michigan this .,(*4ay of Ce.,(1; , 2004 Witness: OAKLAND CO. PROSECUTING ATTORNEY (Print Name) Dated at , Michigan THE COUNTY OF OAKLAND (Contractor) this day of ,2004 By: Chairperson, County Board of Commissioners Witness: Dated at , Michigan FAMILY INDEPENDENCE AGENCY this day of , 2004 By: Director Witness: Contract #: CSPA-05-63002 ..TmAXIMUM NET-Iy-D-EXPENSES UNDER (OVER) STATE MAXIMUM 2,520,169 284,682 10/1/2004 C-1C _ 3:33PM UCt -U1 -.U4 U4:44PM trOM-MAAIMU I -I*4 r.UU4.11.11.14 r-(01 Michigan Family Independence Agency FISCAL YEAR (FY) 2095 TITLE IV-D COOPERATIVE REIMBURSEMENT CONTRACT APPLICATION SECTION IV BUDGET SUMMARY PAGE A. CONTRACT DESCRIPTION I COUNTY OAKLAND CONTRACT NO.:CS/ PA-05-63002 PROVIDER FOC X____ PA COMB _ FISCAL YEAR 2005 COLUMN 1 COLUMN 11 COLUMN •III , PROPOSED PROVIDER'S . IV-D TOTAL S. ALLOCATION FACTORS BUDGET ELIGIBLE BUDGET . 1. Total FTE Positions (FOC, PA. COMB) 23,50 23.50 a. Enforcement (Foc &OR ccm.$) b. Establishment (PA WOR COMB) 23.50 23.50 2. % of Total FTEis (IV-D Allocation Facter) 100.00% 1c,100% a. Enforcement (FOC 8/OR COMB) :.b:.--Establishmen PA 8./OR come) 100.00% 100.00% 4 -----3.-Caseload % --(FOC & COMB) -------- - 0.00% 100.00% PROPOSED PROVIDER'S IV-D TOTAL C. BUDGET CATEGORIES BUDGET ELIGIBLE BUDGET 1._ Personnel 1.753.244 $ 1.753.244 2. Data Processing $ 17.280 $ 17.280 3. Other Direct $ 240.243 $ 2/0.243 •-4-7-Central--Servio - - -- --------. . 217.360 $ 217,360 5. Paternity Testing (PNCOM5 Only) $ 7,360 5 7,360 6. Total Budget $ 2,235,487 2,235,487 7. Service Fees (FOC & COMB Only) $ 8. Mediation Fees (FCC a. cow) NOT APPLICABLE - -9.-Other-Income---(cescrte) $ - 10. Net Budget $ .... 2,235,487 $2,235,487 11. County Share © 34% $ 750,066 12. State Share --g 66% 1,4757422 4._ .:-. 13. TOTAL CONTRACT AMOUNT $ 2,235,487 ..., " .. - - 14. State Funding Supplement 80,93 " . 15. Total FIA Oblig. (exclud. incentives) $ 1,556,354 10/01/2004 FRI 15:41 ETX/RX NO 55381 2002 FISCAL NOTE (MISC. #04324) November 18, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2005 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 2005 Cooperative Reimbursement Program Grant. This is the 32nd year of grant acceptance. 2. The grant award of $2,235,487 is 4.98% greater than the current award. The Federal contribution is $1,475,422 (66%), the County match is $679,133 (30.38%), and the State supplement is $80,932 (3.62%). 3. In addition to the County match requirements, the County is expected to incur $217,360 in administrative and support costs, which have been included in the FY 2005 budget. This grant allows for recovery of those costs. 4. The Prosecutor's Cooperative Reimbursement Program Grant budget will be amended as shown on Attachment A. 5. The grant match amount of $679,132 is included in the FY 2005 Adopted Budget Non-departmental grant match line item. 6. A budget amendment is recommended to transfer the funds to the Prosecuting Attorney's grant match line item. The Fiscal Year 2005 Budget is amended as follows: General Fund 90-290000-25000-2872 Grant Match ($679,133) 41-211000-43200-2872 Grant Match $679,133 0 FINANCE COMMITTEE C64,,c/( Ato;f FINANCE COMMITTEE Motion carried unanimoJsly on a roll call vote. * •,, I r Resolution #04324 November 18, 2004 Moved by Wilson supported by Hatchett the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Crawford, Douglas, Gregory, Hatchett, Jamian, Krtollenberg, Kowall, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE REIN RESOLUTION 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 November 18th, 2004 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 18th day of November, 2004. G. William Caddell, County Clerk