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Resolutions - 2005.12.08 - 27817
MISCELLANEOUS RESOLUTION #05 298 December 8, 2005 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: CIRCUIT COURT/FRIEND OF THE COURT - FISCAL YEAR 2006 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Human Services, Office of Child Support has approved the Oakland County Friend of the Court's Fiscal Year 2006 Title IV-D Cooperative Reimbursement Program (CRP) Contract, effective October 1, 2005 through September 30, 2006; and WHEREAS the Fiscal Year 2006 Title IV-D program totals $10,959,022 of which $77,576 will be funded by fees collected. The remaining $10,881,446 will be funded by the State in the amount of $7,181,754 (66%), and the County match is $3,699,692 (34%). In addition, there is a contract-funded State supplement allocation of $112,289; 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 2006 Cooperative Reimbursement Program Contract through September 30, 2006 for the Friend of the Court in the amount of $7,294,043 (Title IV-D program of $7,181,754 and State supplement allocation of $112,289). Also, the acceptance of this grant recognizes a general fund grant match obligation in the amount of $3,699,692. BE IT FURTHER RESOLVED that future levels of service, including personnel, are contingent upon the level of funding from the State for this program. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the reimbursement agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried on a roll call vote with Gregory absent. ' a Prentiss Malone, Jr. From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Friday, November 18, 2005 10:12 AM To: Doyle, Larry; Hollyer, Suzanne; Malone, Prentiss Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam Subject: GRANT REVIEW — Friend of the Court / CRP GRANT REVIEW - Friend of the Court GRANT NAME: FY 2006 Title IV-D Cooperative Reimbursement Program [Including Medical Support] FUNDING AGENCY: Michigan Department of Human Services - Office of Child Support DEPARTMENT CONTACT PERSON: Suzanne Hollyer / 8-0431 STATUS: Acceptance DATE: November 18, 2005 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the comments returned by review departments. 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 (11/14/2005) Department of Human Resources: Approved. - Nancy Scarlet (11/17/2005) Risk Management and Safety: Approved By Risk Management - Julie Secontine (11/16/2005) Corporation Counsel: There appear to be no unresolved legal issues in this grant contract that require additional action at this time. - Karen Agacinski (11/17/2005) 1 MEMO TO: Prentiss Malone, Financial Analyst FROM: Greg Givens, Fiscal Services DATE: November 10, 2005 RE: Friend of the Court - FY 2006 Title IV-D Cooperative Reimbursement Program [Including Medical Support] 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. For our internal review, please also identify if any match requirement is already included in the budget and, if so, what that account number is within the budget. Also please identify if the match percentages have either stayed the same, increased, or decreased. Time Frame: November 18, 2005 Thanks — call if questions / 84057. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Nancy Scarlet — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY 2006 Title IV-D Cooperative Reimbursement Program [Including Medical Support] Michigan Department of Human Services — Office of Child Support Please be advised the above mentioned grant information was put into contract review today. A hard copy of these materials has been sent to you for review. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: November 18, 2005 GRANT INFORMATION Date: November 10, 2005 Operating Department: Friend of the Court Department Contact: Suzanne Hollyer Contact Phone: 8-0431 Other ID Number: CSFOC-06-63001 REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2005 through September 30, 2006 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): New digital recording equipment is included Funding Continuation/New: Continuation Application Total Project Amount: $10,881,446 Prior Year Total Funding: $7,294,043 New Grant Funded Positions Request: None Changes to Current Positions: Reimbursement - continuation of existing positions Grantor Funds: $7,294,043 Total Budget: $10,959,022 Match and Source: Local match required $3,699,692 budgeted from County General Fund PROJECT SYNOPSIS The IV-D Child Support Enforcement Program is a federal, state and county cooperative effort to collect child support from parents who are legally obligated to pay. This is accomplished through services provided to establish paternity, locate absent parents, establish child support orders, enforce child support orders and collect child support payments. This application is a proposal for service delivery and resource needs projections in support of the program purpose. Michigan Department of Human Services — Office of Contracts and Rate Setting Child Support — Friend of the Court - FOC Contract (CM-F162) - Actual Cost Cover Sheet Contractor Name: Contract #: Oakland CSFOC -06 -63001 Amount: $ 7,294,043 CS-138#: Expires: Commodity Code: Mail Code: NJ 9/30/06 FTR1002 010 Contract Administrator: Phone #: Lynn Walker 517 -241 -5011 SS# or Fed. ID. # Award Status: 38-6005853 Bid I Sole Source J Fair Market Rate Begin day and month of Contractor's fiscal year: 1st day of month 10th month of year Audit Status: Vendor No Federal Funds Faith Based: Sub-recipient If checked, record CFDA numbers(s) below Yes i4 No 93.563 Count(ies): Oakland Org. Type: O Private, Non-profit J Private, Proprietary Public University Payment Type: 4 Actual Cost Unit Rate fl Fair Market Rate Contractor is a state employee: Contractor is a retired state employee: Yes I No DYes ei No Index Code: PCA: AOC: , 50700 83202 6155 The contract administrator by submission of this document assures no changes have been made to the contract General Provisions as stated in Article Ill of standard OHS contract format. CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word Contract No: County: Net Budget Amount: Contract Amount: Method of Payment: CSFOC-06-63001 Oakland $10,881,446 $7,294,043 Actual Cost AGREEMENT between Michigan Department of Human (DHS) & 235 South Grand Avenue P.O. Box 30037 Lansing, Michigan 48909 Services The County of Oakland (hereinafter referred to as "Contractor") 1200 N. Telegraph Rd. Pontiac, MI 48341-0403 This Agreement, effective October 1, 2005 through September 30, 2006, is by and between the Department of Human Services, (referred to as "DHS"), the County of Oakland a public organization, and the 6Th Chief Circuit Court Judge for the Court (together referred to as "Contractor"). I. CONTRACTOR DUTIES AND RESPONSIBILITIES Contractor shall enforce and seek modification of support orders, over which it has jurisdiction. 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 DHS 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: 1. 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: -2- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word a. Wage or Income Withholding b. State Tax Offset c. Federal Tax Offset d. Withholding of Unemployment Compensation Benefits e. Imposing Liens f. Posting Security, Bond or Guarantee for overdue support g. Informing the Consumer Reporting Agency h. License Suspension i. Medical Support j. Contempt Proceedings k. Interstate Enforcement action I. Financial Institution Data Match m. 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 DHS 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 -3- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word reports set forth in this document are dependent on the ability of the Contractor to access MiCSES and extract this information: 1. Form: DHS-286 - Title IV-D Cooperative Reimbursement Expenditure Report, including appropriate time and caseload documentation, including the FPRO Report run within thirty (30) days after the month of service. Cycle: Due by the thirtieth (30) day after month of service To: Contract Manager Office of Child Support 2. Form: DHS-820 - Support Collection Refund/Reimbursement Request Cycle: As needed in accordance with MFOC Section 4000, Chapter 650. To: Department of Human Services Payment Document Control 3. Form: DHS-316 or collection report requesting correction of distributed support collections. Cycle No regular cycle: process as received To: Department of Human Services Office of Child Support 4. Form: Bank Statements Cycle: Bank accounts containing pre-conversion child support funds provide bank statements ending 12/31/05 and 9/30/06. Statements to include, beginning balance as of 10/1/05, checks cashed, amounts transferred to MiCSES/SDU, amounts escheated, and ending balance. If no such funds exist a letter must be submitted indicating $0. To: Contract Manager Office of Child Support Form: DHS-192, Title IV-D Reinvestment of Incentives Quarterly Report Cycle: Due by the thirtieth (30) day of the first month following the end of the quarter. To: Contract Manager Office of Child Support C. Client Grievance System -4- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word 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 DHS 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 DHS 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 details the amount and object of expenditures for which the Contractor shall use funds paid under this Agreement. Contractor shall follow and adhere to the Budget. 2. Contractor must obtain prior written approval from OHS to increase or decrease line items in the budget. a. The written request for OHS' approval must contain sufficient information to allow DHS 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 DHS is ninety (90) days prior to the end date of the contract. c. The person authorized to approve budget revisions is the DHS Office of Child Support. DHS shall provide an initial response to line item transfer requests within thirty (30) days of receipt. -5- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word 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 DHS-286) detailing program-related expenditures. The DHS-286 shall indicate actual costs by category of expense in the performance of this Agreement for the period being billed. The DHS-286 shall be submitted within thirty (30) days from the end of the monthly billing period. For the month of September, DHS-286 Reports shall be submitted as directed by DHS to meet fiscal year-end closing due-dates and requirements. Reimbursement of DHS-286 Reports submitted after the OHS fiscal year-end closing dates shall be dependent upon the availability of funds for prior year payment purposes in the applicable OHS 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 DHS instructions. To remain eligible for State and Federal reimbursement under this Agreement, all Title IV-D Federal incentives received by Contractor must be reinvested in the Title IV-D program. Reinvestment of incentives must be consistent with 45 CFR Part 305.35; non IV-D activities must have prior approval by the Director, Office of Child Support, DHS. 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. -6- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word CFDA# FFP% 93.563 66% I. Subrecipient Relationship This Agreement constitutes a subrecipient relationship with DHS. The Contractor is required to comply with all Federal regulations that relate to the accounting and auditing of the Federal award used to fund this contract. This includes, but is not limited to, compliance with OMB Circular A-133. Regulations applicable to funding sources are included in the Catalog of Federal Domestic Assistance (CFDA). The CFDA number and Federal Financial Participation (FFP) rate DHS plans to use for this agreement are: DHS will implement any changes made by the Federal Government to the CFDA # and/or FFP rate during the course of this agreement. CFDA numbers and FFP rates for this agreement shall be posted quarterly on the DHS website. The Contractor is required to check the website to obtain up to date information regarding the CFDA numbers. The Contractor may consult the following website address to obtain CFDA numbers, payments, and other audit information: http://www.mfia.state.mi.us/01A/CFDA-FFP-New.asp DHS agrees to participate in audit costs related to the audit as described in other sections of this contract. Single Audit Reporting Requirements If the contractor is required per OMB Circular A-133 to have a Single Audit performed, the contractor must submit the Reporting Package and an Audit Transmittal Letter to the DHS Office of Internal Audit at the address that follows and in accordance with the time frame established in the Circular. Reporting Package includes: 1. Financial statements and schedule of expenditures of Federal awards 2. Summary schedule of prior audit findings 3. Auditor's report(s) 4. Corrective Action Plan if applicable Audit Transmittal Letter -7- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word The contractor is responsible to identify in the Audit Transmittal Letter all organizations it operates that administer DHS subrecipient programs and the different names the contractor may use to contract with DHS. The contractor is responsible for proper completion and submission of the Audit Transmittal Letter. This letter, to be accurately processed by DHS, must include the following information: I. Contractor's name as reported in the DHS contract(s) 2. Contractor's Federal Identification Number(s) as reported in the DHS contract(s) 3. Contractor's fiscal year end 4. Identify other name(s) and other Federal Identification Number(s) used by the contractor If a Single Audit is not required per OMB Circular A-133, the contractor must still submit an Audit Transmittal Letter stating why a Single Audit was not required and the contractor's fiscal year the letter pertains to. The Audit Transmittal Letter should include items stated in the section, "Audit Transmittal Letter," described above. The letter may be mailed to the address below or faxed to (517) 373- 8771. Mailing address for all information: Michigan Department of Human Services Office of Internal Audit 235 S. Grand Avenue, Suite 1112 Lansing, MI 48909 Attention: William Addison, CPA Audit Cost Cost of the Single Audit can only be charged to this Agreement if there is a provision within this Agreement that allows payment for the Single Audit cost. No audit cost may be charged to this agreement if the Contractor is not required to have a Single Audit. No audit costs may be charged to DHS when audits required by this Agreement have not been performed or have not been performed in accordance with OMB Circular A-133 requirements. Late submission of the Single Audit Report is considered non-compliance with this section and may be grounds to impose sanctions. -8- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word Sanctions DHS may impose sanctions if the contractor fails to adhere to any of the audit requirements in the Agreement. In cases of continued inability or unwillingness to comply with audit requirements, DHS may recoup all Federal payments made to the Contractor during the period that a single audit was required but not performed. II. DHS DUTIES AND RESPONSIBILITIES A. Program Administration DHS, as a recipient of Federal Financial Assistance, shall administer the Title IV- D program in Michigan, and shall maintain the approved Title IV-D State Plan consistent with Federal requirements. DHS 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. DHS will provide timely processing of all claims for expenditure reimbursement in accordance with State regulations implementing § 2, Public Act 279 of 1984. B. Payment 1. DHS shall complete its processing of payments to Contractor within thirty (30) calendar days after receipt of Contractor's monthly DHS-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 DHS-286 Expenditure Reports submitted after the due-date, processing and payment may be delayed to the next available cycle. 2. Further, DHS 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 DHS 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. DHS must provide Contractor with thirty (30) days notice of such an action as well as Contractors right to appeal that decision. C. Program Compliance Monitoring and Evaluation 1. DHS shall monitor and evaluate Contractor performance for compliance with Title IV-D Standards, all Contractor duties and responsibilities, as -9- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word identified in § I of this Agreement, Contractor Duties and Responsibilities, and all other terms set forth in this Agreement. OHS shall provide access to all Federal reporting. DHS agrees to provide the Contractor with quarterly performance data no later than thirty (30) business days after the close of each quarter. 2. DHS shall conduct an annual self-assessment review to evaluate its IV-D program to determine if Federal requirements are being met and to provide an annual report to the Secretary of the Department of Health and Human Services on the findings: and, 3. DHS' 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 For the purpose of Administration Lien Levy of Financial Assets, the DHS Central Enforcement Unit shall abide by the Central Financial Institution Data Match (F1DM) Business Rules developed by the State Court Administrative Office and DHS. E. State Funding Supplement 1. DHS 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 DHS-286 Cooperative Reimbursement Expenditure Reports. The total amount of the State Funding Supplement allocation, as defined by terms of this Agreement, is ONE HUNDRED TWELVE THOUSAND TVVO HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($112,289.00). 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. DHS shall process the State Funding Supplement to Contractor within thirty (30) days after receipt and approval of DHS-286 Expenditure Reports for the first three months of this Agreement. 3. These funding supplements shall be subject to conditions specified in the § III (E) of this Agreement, General Provisions, Examination and Maintenance of Records. F. Incentive Payments to Contractor -10- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word DHS 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, DHS procedures. G. Maximum Amount of Agreement 1. The cumulative total maximum amount DHS agrees to pay Contractor for services performed during this fiscal period of October 1, 2005 through September 30, 2006 as defined by the terms of the Agreement is SEVEN MILLION TWO HUNDRED NINETY FOUR THOUSAND FORTY-THREE AND NO/100 DOLLARS ($7,294,043), 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: $7,181,754.00. b. State Funding Supplement $112,289.00 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 ninety (90) days prior to the end-date of the contract period. DHS shall provide an initial response to budget amendments within thirty (30) days of receipt. III. GENERAL PROVISIONS A. DHS' Source of Funds-Termination The DHS' 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 DHS to continue or expand activities covered by this Agreement. The DHS 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 DHS, 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. -11- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word 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 DHS. D. Reporting The Contractor shall comply with all program and fiscal reporting procedures as are or may hereinafter be established by DHS. The Contractor shall also comply with all reporting procedures established by DHS in completion of progress reports at time intervals and on forms, in formats, and by means spectfied by DHS. In particular, reports or billing documents denoting event dates shall record month, day and year as specified by DHS. In all electronic filings, four (4) 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 DHS 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 (6) years after final payment, at the Contractors cost, and Federal auditors and any persons duly authorized by the DHS 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 (6) year period and extends past that period, all documents shall be maintained until the audit is completed. The DHS shall provide findings and recommendations of audits to the Contractor. The DHS 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 DHS. 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 (6) year period after final payment under this Agreement or the Contractor shall otherwise maintain said records as the DHS may direct. If business operations cease, the Contractor shall maintain records as the DHS may direct. -12- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word The Contractor shall, as a provision of the Agreement between the Contractor and the auditor, assure that the DHS may make reasonable inquiries of the auditor relating to audit workpapers and, furthermore, that the DHS may review the auditor's workpapers in support of the audit. F. Compliance with Civil Rights, Other Laws The Contractor shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight or marital status pursuant to P.A. 453 of 1976, Section 209. The Contractor shall also comply with the provisions of the Michigan Persons with Disabilities Civil Rights Act, P.A. 1976, No. 220, as amended (M.C.L. Section 37.1101 et. seq.) and Section 504 of the Federal Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 355, which states that no employee or client or otherwise qualified handicapped individual shall, solely by reason of this handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal Financial Assistance. Further, the Contractor shall comply with the Americans with Disabilities Act of 1990 (ADA), P.L. 101-336, 104 Stat. 327, which prohibits discrimination against individuals with disabilities and provides enforcement standards. The Contractor shall comply with all other Federal, State or local laws, regulations and standards, and any amendments thereto, as they may apply to the performance of this Agreement. G. Publication - Approval and Copyright The State of Michigan shall have copyright, property and publication rights in all written or visual material or other work products developed under the terms of this Agreement. The Contractor shall not publish or distribute any printed or visual material relating to the services provided under this Agreement without prior written permission of the State of Michigan. If the Contractor or an agent of the Contractor creates and/or reproduces under this Agreement materials which are developed for consumption by the general public or as a general information tool and which are funded in whole or in part with State of Michigan funds, the Contractor or its agent must include one of the statements referenced below, as they apply: This program is funded by the State of Michigan or This program is funded in part by the State of Michigan H. Confidentiality -13- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word The use or disclosure of information concerning services, applicants or recipients obtained in connection with the performance of this Agreement shall be restricted to purposes directly connected with the administration of the programs implemented by this Agreement. In all other cases, disclosure shall be made only as required by Federal and State laws, court orders or subpoenas, or subpoenas by a grand jury. I. Property Title The DHS 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 DHS by the Contractor. DHS property shall be used only for the performance of this Agreement unless another use is authorized in writing by DHS and shall promptly be returned or the DHS portion of the residual value refunded to DHS 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 OHS. The OHS, 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. The Contractor obligates the subcontractor to maintain OHS' data in a confidential manner. At DHS' request, any employee of the Contractor and of any subcontractor may be required to sign a confidentiality agreement. K. Cancellation of Agreement The DHS may cancel the Agreement without further liability to the DHS or its employees by giving written notice to the Contractor thirty (30) days prior to the date of cancellation. The Contractor may terminate this Agreement upon thirty (30) days written notice to the DHS at any time prior to the completion of the Agreement period. In case of default by the Contractor, the OHS may immediately cancel the Agreement without further liability to the DHS or its employees, and procure the services from other sources. The Contractor, by signing this Agreement, certifies to the best of his/her knowledge that no funds or other items/services of value have been given to any -14- CM-Fl 62 (Rev. 9-05) Previous edition obsolete. MS Word State officer, official, or employee for influencing or attempting to influence such officer, official, or employee to obtain a contract or favorable treatment under this Agreement L. Closeout When this Agreement is concluded or terminated, the Contractor shall provide the DHS, within thirty (30) days after conclusion or termination, with all financial, performance and other reports required as a condition of the Agreement. The DHS shall make payments to the Contractor for allowable reimbursable costs not covered by previous payments. The Contractor shall immediately refund to the DHS 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 DHS contained in Section III, "Examination and Maintenance of Records" and Section III, "Closeout" of this Agreement. N. Disputes The Contractor shall notify the DHS in writing of intent to pursue a claim against the DHS 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 DHS, must meet with the Director of the DHS 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 DHS and receipt of a proposed amendment, amend this Agreement, if and when required in the opinion of the OHS, due to the revision of Federal or State laws or regulations. If the Contractor refuses to sign such amendment within fifteen (15) 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 -15- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word The DHS may void this contract upon fifteen (15) 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. Pursuant to 1980 Public Act 278, as amended, MCL 423.231, et seq., DHS shall not award a contract or subcontract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled pursuant to Section 2 of the Act. A Contractor of the State, in relation to the Contract, shall not enter into a contract with a subcontractor, manufacturer, or supplier whose name appears in this register. Pursuant to Section 4 of 1989 Public Act 278, MCL 432.324, DHS may void any contract upon fifteen (15) days notice if, subsequent to award of the contract, the name of the Contractor as an employer, or the name of the subcontractor, manufacturer or supplier of the Contractor appears in the register. Q. Monitoring Requirements DHS 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 (1) year after termination of the Agreement. The Contractor shall cooperate with the DHS during the monitoring process by making available all records, facilities, and other resources necessary to perform the review. If DHS 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. DHS 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 DHS' 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 DHS within thirty (30) days from issuance of DHS' report. If DHS identifies questioned costs that cannot be substantiated, DHS may, at its discretion, and after consultation with the Contractor, require the Contractor to submit a revised DHS-3469, "Statement of Expenditures" to reflect adjustment for disallowed costs. Submission of revised billings to DHS shall be made within a time schedule established by DHS 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, DHS may, at its discretion, invoke -16- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word 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. The Contractor shall provide written notification within fifteen (15) days of hiring to the DHS 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 or disallowance of all costs related to this agreement up to the time the proper notification is received by OCRS. S. Certifications Regarding Lobbying As required by section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the Contractor certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard form — LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. -17- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word T. Recoupment of Funding If the Contractor fails to comply with monitoring requirements as set forth in this Agreement, or fails to submit a revised DHS-3469, "Statement of Expenditures" within allotted time frames established by DHS in consultation with the Contractor, DHS may, at its discretion, recoup or require the Contractor to reimburse payments made under this Agreement that DHS has determined that the Contractor has been overpaid. Upon notification by DHS that repayment is required, the Contractor shall make payment directly to DHS within thirty (30) days or OHS may withhold current or future payments made under this or any other agreements, current or future, between DHS and the Contractor. If the Contractor fails to: (1) correct noncompliance activities identified by DHS, (2) submit revised billings as requested as part of a Corrective Action Plan when required; or (3) remit overpayments or make arrangements to have the overpayments deducted from future payments within thirty (30) days, such failure shall constitute grounds to terminate immediately any or all of DHS' agreements with the Contractor. DHS shall also report noncompliance of Contractor to Michigan's Department of Management and Budget. Such a report may result in Contractor's debarment from further Agreements with the State of Michigan. U. 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 performance of this Agreement. The Contractor shall keep informed of Federal, State, and local laws, ordinances, rules, regulations, orders, and decrees of bodies or tribunals having any jurisdiction/authority that in any manner affects those engaged in or employed on the work done under this Agreement or that in any manner affects the conduct of the work done under this Agreement. V. Freedom of Information Act All information in this Agreement is subject to the provisions of the Freedom of Information Act. 1976 public Act No. 442, as amended, CL 15.231, 35 seq. -18- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word IN WITNESS WHEREOF, the DHS and the Contractor have caused this Agreement to be executed by their respective officers duly authorized to do so. The Undersigned has the lawful authority to bind the Contractor to the terms set forth in this Agreement. Dated at , Michigan 6TH, Circuit Court (Enter Court Identification) this day of , 2005 By: Chief Circuit Judge Witness: (Print Name) Dated at , Michigan The County of Oakland (Contractor) this day of , 2005 By: Chairperson, County Board of Commissioners Witness: (Print Name) Dated at , Michigan Department of Human Services this day of , 2005 By: Director or Designee Witness: Contract #: CSFOC-06-63001 -19- CM-F162 (Rev. 9-05) Previous edition obsolete. MS Word at, P . 24 Michigan Department of Human Services ATTACHMENT C FISCAL YEAR (FY) 2006 TITLE IV-D COOPERATIVE REIMBURSEMENT PROGRAM APPLICATION and WORKSHEETS BUDGET SUMMARY SECTION A. CONTRACT DESCRIPTION COUNTY: OAKLAND CONTRACT NO. CS/ FOC -06 -63001 PROVIDER: X FOC PA COMBINATION FISCAL YEAR: 2006 COLUMN I COLUMN II COLUMN III — PROPOSED TOTAL SECTION B. 2006 PROVIDER ALLOCATION FACTORS IV-D BUDGET EXPENDITURES 1. FTE POSITIONS (FOC,PA,COMB) 118.06 150.00 A. Enforcement (FOC MR COMB) 118.06 150.00 B. Establishment (PA &MR COMB) 2. % OF TOTAL FTE'S (IV-D Allocation Factor) 78.71% A. Enforcement (FOC &/OR COMB) 18.11% B. Establishment (PA &/OR COMB) 3. CASELOAD % (FOC. Comb) 97.68% 100% PROPOSED . TOTAL SECTION C. 2006 PROVIDER BUDGET CATEGORIES IV-D BUDGET EXPENDITURES 1. Personnel $ 9,032,996 $ 0 11,868,311 2. Data Processing $ 777,089 . $ . 987,280 ... 3. Other Direct $ 771,177 $ . 979,769 4. Central Services $ 377,760 $ 479,939 5. Paternity Testing (PA/COMB Only) 6. TOTAL BUDGET $ 10,959,022 $ 14,315,299 . 7. Service Fees (FOC & COMB Only) $ 444,716 8. Mediation Fees FOC & COMB $ • 302,868 9. Other Income (describe) $ 77,576 $ 79,419 10. NET BUDGET $ 10,881,446 $ 13,488,296 11. County Share @ 34% $ 3,699,692 12. TOTAL State Share ©. 66% $ 7,181,754 13. TOTAL CONTRACT AMOUNT $ 10,881,446 14 STATE FUNDING SUPPLEMENT $ 112,289 15. Total OHS Oblig.(excluding incentives) Add lines 12 & 14 $ 7,294,043 MAXIMUM NET1V-D EXPENSES UNDER (OVER) STATE MAXIMUM $ 13,558,843 $ 2,677,397 1. 2. 3. 4. 5. $3,699,692 is budgeted in General Fund, Non- recommended to transfer the grant match funds grant match line item as follows: ; FISCAL NOTE (MISC. 105298) BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: CIRCUIT COURT/FRIEND OF THE COURT - FISCAL YEAR 2006 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: The Michigan Family Independence Agency has awarded the FY 2006 Title IV Cooperative Reimbursement Program (CRP) Contract to the Oakland County Friend of the Court, for the period of October 1, 2005 through September 30, 2006. The grant provides Title IV-D funding to continue the Friend of Court/Cooperative Reimbursement Program in the amount $10,959,022, of which $77,576 will be funded by fees collected, the remaining $10,881,446 to be funded by the State in the of $7,181,754 (66%), a County match of $3,699,692 (34%), contracted State supplement allocation of $112,289. The amount of the grant award is $7,294,043, which is comprised of $7,181,754 in Title IV-D program funding and $112,289 in State supplemental funding. The County match of departmental. A budget amendment is to the Circuit Court's the of and amount and a General Fund 10100 Expenditures 9090101-196030-730800 FY 2006 Non-Dept. - Grant Match ($3,699,692) 3010301-121100-730800 Circuit Ct. - Grant Match $ 3,699,692 $ 0 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Melton and Woodward absent. I HEREBY APPROVE THE FOR RESOLUTION /1-1/43 Resolution #05298 December 8, 2005 Moved by Gregory supported by Douglas the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard, Coulter. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda, as amended, were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 December 8, 2005, 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 8th day of December, 2005. Ruth-JobasoW, County Clerk