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HomeMy WebLinkAboutResolutions - 2004.11.18 - 27626PUBLIC SERWCES C ITTEE (/7 1---eb 1 ' MISCELLANEOUS RESOLUTION #04327 November 18, 2004 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - FISCAL YEAR 2005 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency, Office of Child Support has approved the Oakland County Friend of the Court's Fiscal Year 2005 Title IV-D Cooperative Reimbursement Program (CRP) Contract, effective October 1, 2004 through September 30, 2005; and WHEREAS the Fiscal Year 2005 Title IV-D program totals $10,956,841 of which $15,253 will be funded by fees collected. The remaining $10,941,588 will be funded by the State in the amount of $7,221,448, 66 96. The County match is $3,720,140, 34. In addition, there is a contract-funded State supplement allocation of $422,744; and WHEREAS the requested County match is budgeted in the General Fund Non- departmental budget. No additional General Fund appropriation is required; and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS the contract has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2005 Cooperative Reimbursement Program Contract through September 30, 2005 for the Friend of the Court in the amount of $7,644,192 (Title IV-D program of $7,221,448 and State supplement allocation of $422,744). Also, the acceptance of this grant recognizes general fund grant match obligation in the amount of $3,720,140. BE IT FURTHER RESOLVED that future levels of service, including personnel, are contingent upon the level of funding from the State for this program. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the reimbursement agreement and to approve amendments and extensions up to fifteen (15 96) percent variance from the award, consistent with the agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Public Services Committee Vote: Motion carried unanimously on a roll call vote. t Prentiss Malone, Jr. From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Thursday, October 28, 2004 12:06 PM To: Doyle, Larry; Hollyer, Suzanne Cc: Malone, Prentiss; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary; Hanger, Helen Subject: CONTRACT REVIEW — Friend of the Court CONTRACT REVIEW - Friend of the Court GRANT NAME: FY 2005 Title 1V-D Cooperative Reimbursement FUNDING AGENCY: Michigan Family Independence Agency DEPARTMENT CONTACT PERSON: Suzanne Hollyer / 80431 STATUS: Acceptance DATE: October 28, 2004 Pursuant to Misc. Resolution 401320, 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 (10/12/2004) 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 4 Michigan FamilY Independence Agency — Office of Contracts and Rate Setting Child Support — Friend of the Court - FOC Contract (CM-F162) - Actual Cost Cover Sheet Contractor Name: I Contract #: Oakland Co. Friend of the Court i CSFOC-05-63001 Amount: $7,644,192.00 CS-I38#: Expires: Commodity Code: Mail Code: IN7J 9/30/2005 FTR1002 010 Contract Administrator: Phone #: Patrick Flannery 517-335-1447 SS# or Fed. I.D. # Award Status: 38-6004876 Bid X Sole Source fl Fair Market Rate Begin day and month of Contractor's fiscal year: First day of month October, month of year Audit Status: 1E Vendor I No Federal Faith based: X Sub —recipient If checked, record CFDA number(s) 93-563 Yes X No Count(ies): -Oakland Org. Type: • Private, Non-profit III Private, Proprietary X Public Payment Type: X Actual Rate LI Unit Rate Fair Market Rate Contractor is a state employee: Contractor is a retired state employee: 0 Yes X No • Yes X 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. X County FIA Board review request El 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: X Cost Documentation (Indicate type of documentation.) Reviewed and approved by contract administrator on X Contract budget (CM-468 or CM-468G.) IV-D CRP O Contractor fee schedule • FIA Fair Market Rate service X 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 FLA contract format have not been changed in this Agreement. Signature of Contract Administrator: Date: Contract/Coordinator: Date: f: 1+ -4 Contract No: County: Net Budget Amount: FIA Contract Amount: Method of Payment: AGREEMENT between CSFOC-05-63001 Oakland $10,941,588.00 $ 7,644,192.00 Actual Cost Michigan Family Independence Agency (MFIA) & 235 South Grand Avenue P.O. Box 30037 Lansing, Michigan 48909 The County of: Oakland (Contractor) 1200 N. Telegraph Rd. Pontiac, MI 48341-0403 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 and seek modification of support orders, over which it has jurisdiction. Contractor shall comply with all requirements of Title IV-D of the Social Security Act, and shall implement all applicable federal regulations and requirements, statutes, court rules, and FIA policies and procedures that relate to establishing and enforcing support orders. Contractor will use the automated Michigan Child Support Enforcement System, as supported by the Friend of the Court Manual Section 4000, the Friend of the Court Letters, the Office of Child Support (OCS) IV-D Combined Manual and the Michigan IV-D Action Transmittals (referred to as "Title IV-D Standards"). A. Enforcement Services The Contractor shall: Make IV-D services available to all eligible persons. 2. Maintain records and provide collection services. 3. Enforce support obligations as defined in MCLA 552.501. Use all appropriate procedures including but not limited to: a. Wage or Income Withholding b. State Tax Offset C. Federal Tax Offset d. Withholding of Unemployment Compensation Benefits e. Imposing Liens 1. f. Posting Security, Bond or Guarantee for overdue support g. Informing the Consumer Reporting Agency h. License Suspension I. Contempt Proceedings j. Interstate Enforcement action k. Financial Institution Data Match I. Denying or revoking passports. 4. Review and Modify Support Orders using the "Michigan Child Support Formula Manual", 5. Initiate locating action when necessary. 6. Cooperate with other states for enforcement of child support orders. 7. Maintain the following administrative processes: a. Fiscal Policies and Accountability b. Bonding of Employees c. Separation of Cash Handling and Accounting Functions d. Safeguarding of Information e. Records Maintenance 8. Receive, account for, and process Voluntary Payments. 9. Allow FIA and its identified agents access to central system case records to paper case records and MICSESA case records for the purpose of annual Title IV-D Self-Assessment case readings. 10. For the purpose of Administrative Lien and Levy of financial assets, Contractor shall abide by the Delegation Agreement in accordance with Central Financial Institution Data Match (FIDM) Business Rules, 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: Form: F1A-286 - Title IV-D Cooperative Reimbursement Expenditure Report, including appropriate time and caseload documentation. Cycle: Due by the fifteenth (15) business day after month of service To: Contract Manager Office of Child Support 2. Form: FIA-820 - Support Collection Refund/Reimbursement Request Cycle: As needed in accordance with MFOC Section 4000, Chapter 650 To: Family Independence Agency Payment Document Control 3. Form: F1A-316 or collection report requesting correction of distributed support collections. Cycle No regular cycle: process as received To: Family Independence Agency Office of Child Support 4. Form: Bank Reconciliation Report Cycle: Semi-Annually: March Report due in April, September Report due in October To: Office of Child Support Contract Manager 5. 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: Contract Manager 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 -3- Standards throughout the life of this Agreement, and agrees to comply with all IV-D, OCS and FLA 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 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 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 HA to increase or decrease line items in the budget. a. Contractor's written request for FIA's 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 the 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 ninety (90) days prior to the end date of the contract. c. The person authorized to approve budget revisions is the FIA Office of Child Support Director. FIA 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. The FIA-286 shall be submitted 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 closing due dates and requirements. Reimbursement of Expenditure Reports submitted after the FIA fiscal year-end closing dates shall be dependent upon the availability of funds for prior year payment purposes in the applicable F1A 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 F1A 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 1V-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, FIA. H. Bonding of Employees Contractor agrees to assure that every person who, as a regular part of his or her employment, receives, disburses, handles, or has access to support collections shall be covered by a bond or insurance, or be self-insured in an amount sufficient to protect against loss resulting from employee dishonesty. FIA DUTIES AND RESPONSIBILITIES A. Program Administration HA, 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. HA will provide timely processing of all claims for expenditure reimbursement in accordance with State regulations implementing § 2, Public Act 279 of 1984. -5- B. Payment 1. FIA shall complete its processing of payments to Contractor within thirty (30) calendar days after receipt of Contractors 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, HA 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 F1A 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. HA must provide Contractor with 30 days notice of such an action as well as Contractors right to appeal that decision. C. Program Compliance Monitoring and Evaluation 1. HA 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. 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. F1A 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. 3. FIA's agents will comply with the Contractor's information technology acceptable use policies and guidelines for the county computer system and protect the confidentiality of the case records. D. Administrative Lien and Levy of Financial Assets -6- For purpose of Administration Lien Levy of Financial Assets FIA Central Enforcement Unit shall abide by the Central Financial Institution Data Match (FIDM) Business Rules developed by the State Court Administrative Office and FIA. E. 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 defined by terms of this Agreement, is FOUR HUNDRED TWENTY-TWO THOUSAND SEVEN HUNDRED FORTY- FOUR AND NO/100 DOLLARS ($422,744.00). The amount of Contractor's net share of Title IV-D expenditures covered by this Agreement cannot be less than the amount of this State Funding Supplement allocation. 2. FIA shall process the State Funding Supplement to Contractor in three (3) payments. a. The first payment shall be processed within thirty (30) days after receipt and approval of F1A-286 Expenditure Reports for the first three months of this Agreement. This payment shall be fifty percent (50%) of the above-stated State Funding Supplement allocation. b. The second payment shall be processed within thirty (30) days after receipt and approval of FIA-286 Expenditure Reports for the first six months of this Agreement. This payment shall be forty-five percent (45%) of the above- stated State Funding Supplement allocation. c. The third payment, as part of the contract closeout process, shall be the remaining five percent (5%) of the above-stated State Funding Supplement allocation if the Contractor expends one hundred percent (100%) of its total net budget. If less than the full amount of the Agreement's net budget, but more than ninety-five percent (95%) of the net budget amount, has been expended, the third payment would be a proportionately lower amount of the remaining five percent (5%). This payment shall be processed after receipt and approval of FIA-286 Expenditure Reports for the last monthly period of this Agreement. F1A will not modify the amount of the final funding supplement based on revised Expenditure Reports received after the payment is issued. 3. These funding supplements shall be subject to conditions specified in the § Ill (E) of this Agreement, General Provisions, Examination and Maintenance of Records. • F. Incentive Payments to Contractor -7- 15. HA 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. G. Maximum Amount of Agreement 1. The cumulative total maximum amount HA agrees to pay Contractor for services performed during this fiscal period of October 1, 2004 through September 30, 2005 as defined by the terms of the Agreement is SEVEN MILLION, SIX HUNDRED FORTY-FOUR THOUSAND ONE HUNDRED NINETY-TWO AND NO/100 DOLLARS ($7,644,192.00), 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: $7,221,448.00 b. State Funding Supplement: $422,744.00 2. If review of Contractor's financial records indicates costs are projected to exceed the current budget, Contractor is required to submit an Amendment request. The due-date for submission of this request is 90 days prior to the end-date of the contract period. FIA shall provide an initial response to budget amendments within thirty (30) days of receipt. III. 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 FIA 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. -8- 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. E. Examination and Maintenance of Records The Contractor shall permit the RA 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 recommendations of audits to the Contractor. The HA 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. -9- 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, PA. 1976, No. 220, as amended (NALL. 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), Pl. 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. -10- 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 FIA by the Contractor. F1A 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 F1A portion of the residual value refunded to FlA 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 F1A 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 F1A may immediately cancel the contract without further liability to the RA or its employees, and procure the services from other sources. L. Closeout When this Agreement is concluded or terminated, the Contractor shall provide the FlA, 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 FIA contained in Section UI, "Examination and Maintenance of Records" and Section III, "Closeout" of this Agreement. -11- 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 RA, 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 RA, 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 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. -12- If HA identifies questioned costs that cannot be substantiated, FIA 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 FIA 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. 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 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 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 -13- 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. 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 -14- 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, F1A may, at its discretion, recoup or require the Contractor to reimburse payments made under this Agreement with HA 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 FIA'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. Dated at , Michigan 6 TH CIRCUIT COURT 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. (Enter Court Identification) this day of , 2004 By: Chief Circuit Court Judge Witness: (Print Name) Dated at , Michigan THE COUNTY OF OAKLAND (Contractor) this day of , 2004 By: Chairperson, County Board of Commissioners Witness: (Print Name) Dated at , Michigan FAMILY INDEPENDENCE AGENCY this day of , 2004 By: Director Witness: CONTRACT #: CSFOC-05-63001 -16- 6. Data Processing 1,006,336 11. County Share ©34% 3,720 140 7,221,448 13. TOTAL CONTRACT AMOUNT 14. State Funding Supplement 10,941,588 422.744 15. Total FIA Oblig. (exciud. incentives 7,644,192 MIchlgan Family Independence Agency FISCAL YEAR (FY) 2005 TITLa IV-D COOPERATIVE REIMBURSEMENT CONTRACT APPLICATION SECTION IV Y PAGE COUNTY OAKLAND PROVIDER X FOC PA COMB CONTRACT NO.:CS/ FOC-05-63001 SCALYEAR 2005 1. Total FTE Positions (FOC, PA, COMB) 118.11 151 a. Enforcement (FOC &/OR COMB) 118.11 123.26 _ b. Establishment (PA &/OR come) - . 2. % of Total FTE Is (IV-O Allocation Factor). • 78.22% 100.00% a. Enforcement (FOC &/OR cowl) 78.22% 81.63% b. Establishment (PA WOR COMB) VU 70 1. Personnel ' •..7. L./MCI Lill flUl. UW( 0.24+) ' 47, '-'a ,.../ I u 4. Central Services $ 801,925 $ 1,025,218 5. Paternity Testing (PA/COMB Only)$ - $ 6. Total Bud *et 10,956,841 $ 14,507,510_, 7. Service Fees (FOC & COMB Only) $ (285.000) . -.- 8. Mediation Fees (FOC & COMB)k6 ''' 5111' 'ID:WR.t.T.OFf $ (162,200) , 9, Other Income (Describe) $ (15,253) $ (19,500) In Nat RIAr4r,ps 10,941,588 - $14,040,810 8/5/04 MAXIMUM NET IV-D EXPENSES 13,163,925 UNDER (OVER) STATE MAXIMUM 2,222,337 C-10 10:43 AM nnnn n OAKLAND COUNTY 2005 DETAIL PERSONNEL 0,21375 _ — 0 of . 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I . 7 7547 1 I II 3 312 4:7 01140 FISCAL NOTE (MISC. #04327) November 18, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: CIRCUIT COURT/FRIEND OF THE COURT - FISCAL YEAR 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 Michigan Family Independence Agency has awarded the FY 2005 Title IV Cooperative Reimbursement Program (CRP) Contract to the Oakland County Friend of the Court, for the period of October 1, 2004 through September 30, 2005. 2. The grant provides Title IV-D funding to continue the Friend of the Court/Cooperative Reimbursement Program in the amount of $10,956,841 of which $15,253 will be funded by fees collected, the remaining $10,941,588 is funded by the State in the amount of $7,221,448 (66%), the County match is $3,720,140 (34%), in addition there is a contract funded State supplement allocation of $422,744. 3. The amount of the grant award is $7,644,192 comprised of $7,221,448 in Title IV-D program funding and $422,744 in State supplemental funding; the County match of $3,720,140 is budgeted in General Fund Non-departmental. 4. A budget amendment is recommended to transfer the grant match funds to the Circuit Court's grant match line item as follows: General Fund FY 2005 Expenditures 90-290000-25000-2872 Non-Dept. - Grant Match ($3,720,140) 35-230000-11000-2872 Circuit Ct. - Grant Match $ 3,720,140 FINANCE COMMITTEE 61ZA--/( 441/7- FINANCE COMMITTEE Motion carried unanimously on a roll call vote. 4 Resolution #04327 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). r..". 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 C Pontiac, Michigan this 18th day of November, 2004, unty of Oakland at G. William Caddell, County Clerk