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Resolutions - 2004.11.18 - 27625
November 18, 2004 REPORT (misc. 104326) BY: PERSONNEL COMMITTEE, GREGORY JAMIAN, CHAIRPERSON RE: CIRCUIT COURT/FRIEND OF THE COURT — 2004/2005 MEDICAL SUPPORT ENFORCEMENT REIMBURSEMENT CONTRACT — ACCEPTANCE TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced Resolution on November 10, 2004 Reports with the recommendation the Resolution be adopted. Chairperson, on behalf of the Personnel Committee. I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on a unanimous roll call vote with Hatchet and Coleman absent PUBLIC/SERVICES COMMITTEE / MISCELLANEOUS RESOLUTION 104326 November 18, 2004 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2004/2005 MEDICAL SUPPORT ENFORCEMENT REIMBURSEMENT CONTRACT - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency has awarded the 2004/2005 Medical Support Enforcement Reimbursement contract to the Oakland County Friend of the Court in the amount of $397,568; and WHEREAS this is the tenth year for the contract and provides 100% reimbursement for services which establish and enforce medical support and insurance provisions in domestic relations cases; and WHEREAS the grant award is the same as the application and covers the period of October 1, 2004, through September 30, 2005; and WHEREAS the contract funding has been capped for three years at the same amount, necessitating a cut in the number of funded positions from seven (7) positions to six (6) positions, and requiring general fund supplemental funding of $31,401 to cover the current cost of the six (6) funded positions; and WHEREAS the six program funded positions are as follows: two (2) Domestic Support Specialists (35404-07947 & 08094), and three (3) FOC Case Assistants (35404-07794, 07795 & 09124) and one (1) Domestic Support Specialist Supervisor (35404-07793), as well as overtime; and WHEREAS the Office of Child Support has indicated that the County may be able to seek additional medical enforcement funds to cover the total $31,401 during the contract amendment process; and WHEREAS if additional funds are not available through the medical program, the $31,401 cost to the general fund may still be billed through the cooperative reimbursement program resulting in a reimbursement to the county of two-thirds of the total; and WHEREAS one (1) Domestic Support Specialist position (35404-07792) has been frozen, and will remain vacant and un-funded, requiring Finance Committee approval to reactivate; and WHEREAS the contract agreement has been approved by the County Executive Contract Review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Family Independence Agency 2004/2005 Medical Support Enforcement Reimbursement contract for the Oakland County Friend of the Court in the amount of $397,588. BE IT FURTHER RESOLVED that supplemental funding of $31,401 will be provided by the General Fund to fund the positions at the current budgeted amounts. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that the Adopted Budget for Fiscal Year 2005 will be amended to recognize this contract agreement. 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. Prentiss Malone, Jr. From: Sent To: Cc: Subject: Greg Givens (givensg©co.oakland.mi.us ] Thursday, October 28, 2004 11:41 AM Doyle, Larry; Hollyer, Suzanne Malone, Prentiss; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary; Hanger, Helen CONTRACT REVIEW — Friend of the Court / Med Support CONTRACT REVIEW - Friend of the Court GRANT NAME: FY 2005 Title IV-D Medical Support Enforcement Reimbursement FUNDING AGENCY: Michigan Family Independence Agency - Office of Child Support DEPARTMENT CONTACT PERSON: Suzanne Hollyer / 80431 STATUS: Acceptance DATE: October 28, 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 (10/15/2004) Department of Human Resources: Approved. - Ed Poisson (10/26/2004) Risk Management and Safety: Approved. - Gerald Mathews (10/13/2004) 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 MEMO TO: Prentiss Malone, Financial Analyst FROM: Greg Givens, Fiscal Services DATE: October 12, 2004 RE: Friend of the Court - FY 2005 Title IV-D Medical Support Enforcement Reimbursement - Contract Please be advised I am sending to you the above referenced 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 Commissioners' 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 request the grant materials to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Time Frame: October 28, 2004 Thanks — call if questions / 84057. Michigan Family Independence Agency — Office of Contracts and Rate Setting Child Support — Medical Support Enforcement Contract (CM-F168) — Actual Cost Cover Sheet Contractor Name: Contract #: Oakland Co. Friend of the Court 1 CSMED05-63001 Amount: $397,588.00 CS-138k: Expires: Commodity Code: Mail Code: MI 9/30/05 010 Contract Administrator: Phone k: Patrick Flannery 517-335-1447 SS # or Fed. I.D. 1/ Award Status: fl Bid x Sole Source • Fair Market Rate Begin day and month of Contractor's fiscal year: 1st day of month October - month of year Audit Status: 1 Vendor I No Federal Faith Based: X Sub—recipient If checked, record CFDA numbers below 0 Yes X No 93.563 Count(ies): Oakland County Org. Type: Private, Non-profit III Private, Proprietary x Public Payment Type: x Actual Rate rii Unit Rate Fair Market Rate Contractor is a state employee: Contractor is a retired state employee: E Yes x No 0 Yes X No Index Code: I PCA: AOC: 50700 i 83204 1 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 Evaluation Summary (For renewal contracts) received by Program Office: 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 X Contract budget (CM-468 or CM-468G.) r] 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 HA contract format have not been changed in this Agreement. Signature of Contract Administrator: Date: Contract/Coordinator: Date: Contract No: County: Contract Amount: Method of Payment: CSMED-05-63001 Oakland $397,588.00 Actual Cost AGREEMENT between Michigan Family Independence Agency (MFIA) & The County of: Oakland (Contractor) 235 South Grand Avenue 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 6th Circuit Court (together, referred to as "Contractor"). I. CONTRACTOR DUTIES AND RESPONSIBILITIES Contractor shall enforce all medical support orders, over which it has jurisdiction, and seek modifications of orders to include medical support in accordance with all applicable federal regulations and requirements, statutes, court rules, FIA policies and procedures that relate to enforcing and modifying medical support orders. The Contractor will use the automated Michigan Child Support Enforcement System, the Friend of the Court Manual, Section 4000, the Friend of the Court Letters, the Office of Child Support (OCS) IV-D Combined Manual and the Michigan (VD Action Transmittals (referred to as "Title IV-D Standards"). The intent of this contract with enhanced funding is to: Enable Contractor to identify the existing backlog of IV-D cases requiring medical support enforcement efforts; • Determine what enforcement action is needed on those backlogged cases; and • Initiate needed enforcement action on all backlogged and new IV-D cases. For enforcing medical child support orders in IV-D cases and as a subrecipient of Federal Financial Assistance, Contractor shall comply with Title IV-D Standards. A. Services Contractor shall: 1. Make Medical Support Enforcement (MSE) services available to all eligible individuals. Eligible individuals are those custodial parents (and their children) who are past or present recipients of Family Independence Program (FIP), IV-E Foster Care, the Medicaid programs, or who have filed an application for IV-D services. 2. Maintain records and provide collection services. 3. Enforce medical support obligations using all appropriate Title IV-D standards: a. Identify cases requiring medical support enforcement through manual review of cases or through approved computer tape match processes. b. Obtain medical insurance information and convey it to Department of Community Health (DCH), Revenue and Reimbursement Division through electronic submission to the Michigan Child Support System; or, submission of "Employer's Disclosure of Income and Health Insurance Information" (FOC 22a) and "Friend of the Court Case Questionnaire" (FOC 39C). c. File petitions with the court to order the inclusion of health insurance in new or modified orders. d. Serve dependent health care coverage orders on employers and insurance carriers. e. Contact absent parents to obtain insurance information or to obtain insurance coverage if available at reasonable cost though not ordered. f. Contact employers or insurers to obtain policy coverage information or to request notification of lapsed coverage. Inform Non-Medicaid clients of the availability of medical support enforcement services. h. Review and modify medical support orders. i. Inform Non-Medicaid clients of insurance information obtained through enforcement efforts (Medicaid clients shall be notified by FIA when DCH receives the information). Initiate locating action when necessary. 5. Cooperate with other states for enforcement of medical support orders. g. -2- 6. Maintain the following administrative processes: a. Fiscal Policies and Accountability b. Bonding of Employees c. Separation of Cash Handling and Accounting Functions d. Safeguarding of Information Reports Contractor shall prepare, complete and submit the following reports in the cycles indicated, to the units named: 1. Form: FIA-286A - Title IV-D Medical Support Expenditure Report, including appropriate time documentation. This expenditure report shall not be complete and acceptable for payment unless the report section of the form is completed listing the progress on achieving the goals of the contract as set in the contract application. Cycle: Due by the fifteenth (15) business day after month of service To: OCS Contract Manager County Family Independence Agency 2. Form: FOC 22A IV-D Approved Electronic Reporting - Employees Disclosure of Income and Health Insurance Information. This report must insert the Family Independence Case Number before it is submitted to DCH, Revenue and Reimbursement Division (formerly TPL). The form is described in the Friend of the Court Manual, Section 4000, Chapter 500. Cycle: Whenever the information becomes available. To: Entered on Michigan Child Support Enforcement System (MICSES) or Medical Support Enforcement System (MSES) for interfacing with the Michigan's Title XIX Agency, DCH, Revenue and Reimbursement Division. 3. Form: FOC 390 - Friend of the Court Case Questionnaire. Page 3 of this questionnaire may include health care information. A copy of page 3 of this form may be used to convey information to DCH, Revenue and Reimbursement Division (formerly TPL). FIA case number and the names of the Payer and payee must be added to it before submission. The form is described in the Friend of the Court Manual, Section 4000, Chapter 500. Cycle: Whenever the information becomes available. To: Michigan Department of Community Health -3- Budget and Finance Administration Bureau of Audit and Revenue Enhancement Revenue and Reimbursement Division P.O. Box 30479 Lansing, Michigan 48909 C. Client Grievance System Contractor shall have a written office grievance system, which provides the opportunity to seek relief, for those who believe they have not received services required by the IV-D program, or believe the services they have received are not in accordance with 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 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, Maintenance of Effort on Cooperative Reimbursement Contract 1. Contractor, as a subrecipient of Federal Financial Assistance, agrees to abide by applicable provisions of the Cost Principals for State and Local Governments issued in the Federal Office of Management and Budget Circular No. A-87. This Circular provides cost principles to be used in determining the availability of Federal Financial Assistance for Child Support Enforcement activities under Title IV-D of the Social Security Act. If any staff funded in part or whole by IV-D funds do not work full-time on medical support matters, detailed time-records for such employees are required to document the amount of time spent on reimbursable activities. If employees intermingle work effort on child support enforcement and medical support enforcement, the FOC must document the medical support enforcement effort through time study if a claim is to be honored under this contract. 2. Medical Support Enforcement has been and shall continue to be funded under the existing Cooperative Reimbursement (CR) contract already in effect between these parties. This contract shall fund medical support enforcement work effort in addition to that already funded under the CR contract. The funding in this contract shall be available only to the extent that Contractor maintains the same IV-D staffing levels already funded under the 1995 CR contract program. Contractor shall not leave positions vacant under the CR contract while billing for services under the MSE contract. -4- F. Billing Method 1. The Actual Cost Reimbursement Method shall be used to claim reimbursement under this Agreement. The Medical Support Enforcement Budget is attached and made a part of this Agreement. The Budget and Application detail the amount and object of expenditures for which Contractor shall use funds paid under this Agreement. Contractor shall follow and adhere to the Budget. Only actual costs may be billed. 2. Contractor must obtain written approval from FIA to increase or decrease line items in the budget. The written request for FIA approval must contain sufficient information to allow 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 of FIA Office of Child Support or designee. 3. Actual costs may include the cost of fringe benefits provided by Contractor for the employees funded by this Agreement, in the same proportion as that employee is engaged in IV-D Medical Support Enforcement reimbursable activities. Further, those fringe benefits shall be no greater than fringe benefits provided to similar Non-IV-D employees. Fringe benefits may include longevity, vacation, personal leave, holiday, sick leave, medical, dental, optical, life insurance, disability insurance, retirement, social security, workers compensation, and unemployment insurance. G. Billing Procedure Contractor shall submit a monthly "Title IV-D Medical Support Expenditure Report," (Form F1A-286A) detailing program-related expenditures, including a Personnel Activity Report and the progress of the project with respect to the goals stated in the contract application. The FIA-286A shall indicate actual costs by category of expense in the performance of this Agreement for the period being billed. The FIA-286A shall be submitted within fifteen (15) business days from the end of the monthly billing period to the Contract Manager, OCS. For the month of September, Expenditure Reports shall be submitted as directed by HA to meet fiscal year-end closing deadlines. Reimbursement of Expenditure Reports submitted after the F1A fiscal year-end closing deadlines, shall be dependent upon the availability of funds for prior year payment purposes in the applicable F1A current fiscal year appropriation. H. Bonding of Employees -5- 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 1V-D program in Michigan, and shall maintain the approved Title IV-D State Plan consistent with federal requirements. FIA shall also distribute program regulations, forms and instructions to Contractor through the Friend of the Court Manual, Section 4000, the Friend of the Court Letters, the OCS IV-D Combined Manual and the Michigan IV-D Action Transmittals. B. Payment 1. FIA shall complete its processing of payments to Contractor within thirty (30) calendar days after receipt of Contractor's monthly FIA-286A, "Title IV-D Medical Support Expenditure Report," detailing program related expenditures. Payments shall be made in accordance with the budget attached to and made part of this Agreement. FIA reserves the right to delay processing and payment to the next available cycle for FIA-286A Expenditure Reports submitted after the due date. 2. Further, HA 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 for medical support enforcement in Michigan as required by this Agreement or as are required by applicable state statute and federal regulations. C. Program Compliance Monitoring and Evaluation 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, and all other terms set forth in this Agreement. Performance compliance shall be measured against federal program standards established to ensure that program services are administered effectively and efficiently. FIA shall request corrective action when a program compliance evaluation indicates areas of substantial non- compliance. 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 -6- Services on the findings. FIA's agents will comply with Contractor's information technology acceptable use policies and guidelines for the county's computer system and protect the confidentiality of case records. Maximum Amount of Agreement 1. The maximum amount FIA agrees to pay Contractor for services as defined by the terms of the Agreement is THREE HUNDRED NINETY-SEVEN THOUSAND FIVE HUNDRED EIGHTY-EIGHT AND NO/100 DOLLARS ($397,588.00). 2. The maximum amount of costs to be reimbursed by FIA shall be the State Share of actual net expenditures during the life of this Agreement up to the maximum of the Medical Support Net Budget, a copy of which is attached and made a part of this Agreement. III. GENERAL PROVISIONS A. HA'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 FIA to continue or expand activities covered by this Agreement. The F1A 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 -7- 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 Contractors 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 recommendations 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. 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 -8- 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 -9- 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. HA 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 FIA 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 FIA 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 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 -10- FIA contained in Section III, "Examination and Maintenance of Records" and Section III, "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. Q. 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 -11- 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 FIA within thirty (30) days from issuance of FIA's report. If FlA identifies questioned costs that cannot be substantiated, F1A may, at its discretion, and after consultation with the Contractor, require the Contractor to submit revised F1A-3469, "Statement of Expenditures": to reflect adjustment for disallowed costs. Submission of revised billings to HA shall be made within a time schedule established by RA 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 FIA Office of Human Resources and subsequently approved by the Office of the State Employer. F1A'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 period 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 -12- 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 Regarding Debarment, Suspension, and Other Responsibility 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. 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 -13- .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 FIA has determined that the Contractor has been overpaid. Upon notification by FIA 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 F1A, (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 FlA's agreements with the Contractor. HA 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. -14- I I. S . 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 SIXTH CIRCUIT COURT (Enter Court Identification) this day of , 2004 By: Chief Circuit Judge Witness: Dated at , Michigan THE COUNTY OF OAKLAND (Contractor) this day of , 2004 By: Witness: Dated at , Michigan FAMILY INDEPENDENCE AGENCY this day of , 2004 By: Director or Designee Witness: Contract #:CSMED-05-63001 (Print Name) (Print Name) Chairperson, County Board Chairperson, County Board of Commissioners (Print Nan (Print Name) -15- . . Contract #: • c SINED.05 - E30'1 Funding Year: Federal ID#: 38 .-454870::: FISCAL YEAR 2005 TITLE IV-D MEDICAL SUPPORT APPLICATION PACKAGE Personnel Cost Worksheet County Provider: :SlitANNE.ROLLYEA.;-QbbCiNt..Y . Friend of tne Court (County Nacre) A. CONTRACT DESCRIPTION: Complete items above. B. BUDGET SUMMARY (of LINE ITEM COSTS) l BUDGET TOTALS 1 Personnel [ Total Medical Support FTE's = 7.00 I $ 397,588 2 Other Direct $ - 3 Total Budget $ 397,588 4 Other Income (Describe) 5 Net Budget $ 397,588 C. WORK PLAN - Explain how line item expenditures will contribute to medical support enforcement. 1•ZIU:1110AAI! Medical Worker will establish and revrew orders: initiate enforcement of orders and enter data on MICSES. contact parents and employers regarding the availability of health care insurance for deoendent children. OTHER. DIRECT- Postace - Supplies - Telephone - " Other - Com m ent s - D. CONTRACT GOALS Number of Actions Note: For each of the Goals listed below enter the number of actions that will be produced. 0 1. Reoorts to the DOH Third Party Liability of the following information items on existing, new or modified orders: a, Title IV-A (FIP), IV-E (foster care), or XIX (Medicaid) case number. b. Absent parent's name. SS#, home address and employer's name and address. c. Insurance policy name, number and names of persons covered by absent parent 's insurance . Petitions filed with the court to order the inclusion of a health insurance provision in new or modified orders when the 681 custodial parent and children lack insurance other than Medicaid. 332 3. Dependent health care coverage orders served on employers and insurers. 412 1-- 4. Absent parents contacted to ontain insurance information or insurance coverage when ordered. 87 I 5. Employers cr insurers contacted to obtain Policy information or to request notification of :apses of coverage. 336 _ _ Show cause hearings to enforce medical support provisions of orders. — 1.588 7. Custodial parents provided with health insurance policy information. 36 I 8. Absent parents contacted to recuest provision of insurance evadable at reasonable cost though not ordered. 0 9. Non-Medicaid clients informed of the availability of medical SULLAA l el 11-U1 t..Cf Tier 1 t services. 0 10 _ _Other goals (define): Demand for Medical - and Response to Enforcement Requests . "Personnei Cost Worksheet" Page FY 2005 MSE Application Package 7/12/2004 t FISCAL NOTE (MISC. #04326) November 18, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: CIRCUIT COURT/FRIEND OF THE COURT - 2004/2005 MEDICAL SUPPPORT ENFORCEMENT REIMBURSEMENT 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 2004/2005 Medical Support Enforcement Reimbursement contract to the Oakland County Friend of the Court, for the period of October 1, 2004 through September 30, 2005. 2. The grant provides 100% reimbursement for services, which establish and enforce medical support and insurance provisions in domestic relations' cases. 3. The amount of the grant award is $397,588 and has been capped at that amount for three years, which requires County supplemental funds of $31,401, which is available in the General Fund Non- departmental Grant Match line item, providing total funding of $428,989. 4. The contract provides funding to continue two (2) Domestic Support Specialists (position numbers 07947 and 08094), and three (3) Case Assistants (position numbers 07794, 07795, and 09124) and one (1) Domestic Support Specialist Supervisor (position number 07793), as well as related overtime. 5. The seventh position number 07792 previously funded by this grant, has been reclassified as frozen and will remain vacant and un- funded, requiring additional State funding and approval by the Board of Commissioners to reactivate. 6. An amendment to the FY 2005 Special Revenue budget is recommended to reflect grant revenue of $397,588 and Grant Match revenue of $31,401 salaries of $268,327, and fringe benefits of $160,662 as follows: FY 2005 General Fund 101 Expenditures 2-90-101-290000-25000-2872 2-35-101-230000-11000-2872 Special Revenue Fund 276 Revenue 1-35-276-141661-71000-0167 Grant Match 1-35-276-141661-71000-0171 Grants-State Expenditures 2-35-276-241661-71000-2001 Salaries 2-35-276-241661-71000-2075 Fringe Benefits Grant Match Grant Match ($31,401) 31,401 $ 31,401 397,588 $428,989 $268,327 160,662 $428,989 FINANCE COMMITTEE C (-7-1-(/ /4"tei FINANCE COMMITTEE Motion carried unanimously on a roll call vote. I p Resolution #04326 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, Knollenberg, KowaII, 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). 4••• 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