HomeMy WebLinkAboutResolutions - 2005.12.08 - 27818MISCELLANEOUS RESOLUTION #05 299 December 8, 2005
BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2006 COOPERATIVE REIMBURSEMENT PROGRAM (CRP)
GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Human Services has awarded the Office
of the Prosecuting Attorney funding in the amount of $2,257,607 for the period
October 1, 2005 through September 30, 2006; and
WHEREAS this is the 33rd year of grant acceptance for this program; and
WHEREAS the Federal contribution is $1,490,021 (66%), the County
contribution is $745,634 (33%), and the State supplement is $21,952(1%); and
WHEREAS the required County match of $745,634 has been included in the
FY 2006 Adopted Budget; and
WHEREAS this grant includes continued funding for 24 positions, as
follows: one (1) Chief (#41201-2946), one (1) Legal Secretary (#41201-2932),
one (1) Office Supervisor (#41201-979), three (3) Assistant Prosecutors
(#41201-2052, #41201-2492, #41201-7046), three (3) Prosecutor Investigators
(#41201-1002, #41201-1847, #41201-9646, four (4) Support Specialists (#41201-
916, #41201-4690, #41201-6388, #41201-7379), and eleven (11) Office Assistants
(#41201-361, #41201-514, #41201-2160, #41201-2612, #41201-3224, #41201-3366,
#41201-4691, #41201-4692, #41201-5412, #41201-7045, #41201-7380);and
WHEREAS acceptance of this contract does not obligate the County to any
future commitment; and
WHEREAS the grant agreement has been processed through the County
Executive Contract Review Process and the Board of Commissioners' Grant
Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the contract renewal for the Prosecuting Attorney's
Cooperative Reimbursement Program in the total amount of $2,257,607 for the
period of October 1, 2005 through September 30, 2006.
BE IT FURTHER RESOLVED that future level of service, including
personnel, will be contingent upon the level of funding available from the
State for this program.
BE IT FURTHER RESOLVED that amendments be made to the Prosecuting
Attorney's grant budget to reflect the changes in the award as detailed in
Attachment A.
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners is authorized to execute the contract agreement and to approve
amendments and extensions up to fifteen (15%) percent variance from the award,
consistent with the original agreement as approved.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on a roll call vote with Gregory absent.
GRANT NAME: FY 2006 Title IV-D Cooperative Reimbursement Program
FUNDING AGENCY: Michigan Department of Human Services - Office of Child
Support
DEPARTMENT CONTACT PERSON: David Case / 8-5377
STATUS: Acceptance
DATE: November 17, 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 (11/14/2005)
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)
Contract No: CSPA-06-63002
County: Oakland
Net Budget Amount: $2,257,607.00
Contract Amount: $1,511,973.00
Method of Payment: Actual Cost
AGREEMENT
between
Michigan Department of Human Services
(DHS) &
235 South Grand Avenue
P.O. Box 30037
Lansing, Michigan 48909
The County of Oakland (hereinafter
referred to as "Contractor")
County Building
1200 N. Telegraph
Pontiac, MI 48341
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 Prosecuting Attorney (together, referred to as "Contractor").
I. CONTRACTOR DUTIES AND RESPONSIBILITIES
Contractor shall comply with all requirements of Title IV-D of the Social Security Act,
and shall implement all applicable Federal regulations and requirements, statutes, court
rules, and DHS policies and procedures that relate to obtaining child support court
orders and establishing paternity. Contractor will use the automated Michigan Child
Support Enforcement System, the Prosecuting Attorney Handbook, the Prosecuting
Attorney Letters, the Office of Child Support (OCS) IV-D Combined Manual and the
Michigan IV-D Action Transmittals (referred to as "Title IV-D Standards").
A. Services
The Contractor shall:
Make IV-D services available to all eligible persons.
2. Make all reasonable efforts to establish paternity and secure orders as
needed for the establishment of court ordered child support for children born
in or out of wedlock, as provided by law.
3. Allow DHS, and its identified agents, access to all IV-D case records for the
purpose of annual Title IV-D Self-Assessment case readings, including but
not limited to:
a. Central system case records;
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b. Paper case records; and
c. MiCSES and PAAM IV-D electronic case records.
B. Reports
Contractor shall prepare, complete and submit the following reports in the cycles
indicated, to the units named. It is expressly understood that the timelines for
reports set forth in this document are dependent on the ability of the Contractor to
access MiCSES and extract this information:
1. Form: DHS-286 - Title IV-D Cooperative Reimbursement Expenditure
Report including appropriate time documentation.
Cycle: Due by the thirtieth (30) day after month of service
To: OCS Contract Manager
Department of Human Services
Office of Child Support
2. 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: OCS Contract Manager
Department of Human Services
Office of Child Support
C. Client Grievance System
Contractor shall have a written office grievance system which provides the
opportunity to seek relief for those who believe they have not received services
required by the IV-D program, or believe the services they have received are not
in accordance with IV-D regulations. Information about the grievance system shall
be provided to clients or 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
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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 Program Budget and Application details 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 DHS 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
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. OHS shall provide an initial response to line item
transfer requests within thirty (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
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CFDA# FFP%
93.563 66%
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, DNS-286 shall be submitted as directed by DHS to meet
fiscal year-end closing due-dates and requirements. Reimbursement of DHS-286
submitted after the DHS fiscal year-end closing dates shall be dependent upon
the availability of funds for prior year payment purposes in the applicable DHS
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.
I. Sub-recipient 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(s) 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
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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:
a. Financial statements and schedule of expenditures of Federal awards
b. Summary schedule of prior audit findings
c. Auditor's report(s)
d. Corrective Action Plan if applicable
Audit Transmittal Letter
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:
1. 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
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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.
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 distribute program regulations,
forms and instructions to Contractor through the IV-D Program Prosecuting
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Attorney Handbook, the Prosecuting Attorney Letter Series, 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. OHS must provide Contractor with thirty (30) days
notice of such an action as well as Contractor's 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
identified in § I of this Agreement, Contractor Duties and Responsibilities,
and all other terms set forth in this Agreement. DHS 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
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For the purpose of Administration Lien Levy of Financial Assets, the DHS
Central Enforcement Unit shall abide by the Central Financial Institution
Data Match (FIDM) 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 TWENTY ONE THOUSAND NINE
HUNDRED FIFTY-TWO AND NO/100 DOLLARS ($21,952.00). 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 (3) months of this Agreement.
3. These funding supplements shall be subject to conditions specified in § Ill
(E) of this Agreement, General Provisions, Examination and Maintenance of
Records.
F. Incentive Payments to Contractor
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 ONE
MILLION FIVE HUNDRED ELEVEN THOUSAND NINE HUNDRED
SEVENTY-THREE AND NO/100 DOLLARS (1,511,973.00), as follows:
a. The State Share/FFP (66%) of actual net Title IV-D expenditures
during the life of this Agreement up to the maximum of the Title IV-D
Program Net Budget, a copy of which is attached and made a part of
this Agreement: $1,490,021.00.
b. State Funding Supplement $21,952.00.
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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
or submission of this request is ninety (90) days prior to the end-date of the contract.
OHS 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 OHS 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 OHS, funding becomes unavailable for this
service or such funds are restricted.
B. Civil Service Rules and Regulations
The State of Michigan is obligated to comply with Article XI, Section 5, of the
Michigan Constitution and applicable Civil Service rules and regulations. Other
provisions to this Agreement notwithstanding, the State personnel director is
authorized to disapprove contractual disbursements for personal services if the
State personnel director determines that the contract violates Article XI, Section 5
of the Michigan Constitution or applicable civil service rules and regulations.
C. Fees and Other Sources of Funding
The Contractor may not accept reimbursement from a client unless the Contract
specifically authorizes such reimbursement in the "Contractor Responsibility"
section. In such case, a detailed fee scale and criteria for charging the fee must
be included. If the Contractor accepts reimbursement from a client in accordance
with the terms of the contract, the Contractor shall deduct these fees from billings
to the DHS.
D. Reporting
The Contractor shall comply with all program and fiscal reporting procedures as
are or may hereinafter be established by OHS. 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 specified by
OHS. 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
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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
Contractor's 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 OHS 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.
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
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receiving Federal Financial Assistance. Further, the Contractor shall comply with
the Americans with Disabilities Act of 1990 (ADA), P.L. 101-336, 104 Stat. 327,
which prohibits discrimination against individuals with disabilities and provides
enforcement standards. The Contractor shall comply with all other Federal, State
or local laws, regulations and standards, and any amendments thereto, as they
may apply to the performance of this Agreement.
G. Publication - Approval and Copyright
The State of Michigan shall have copyright, property and publication rights in all
written or visual material or other work products developed under the terms of this
Agreement. The Contractor shall not publish or distribute any printed or visual
material relating to the services provided under this Agreement without prior
written permission of the State of Michigan.
If the Contractor or an agent of the Contractor creates and/or reproduces under
this Agreement materials which are developed for consumption by the general
public or as a general information tool and which are funded in whole or in part
with State of Michigan funds, the Contractor or its agent must include one of the
statements referenced below, as they apply:
• This program is funded by the State of Michigan or
• This program is funded in part by the State of Michigan
H. Confidentiality
The use or disclosure of information concerning services, applicants or recipients
obtained in connection with the performance of this Agreement shall be restricted
to purposes directly connected with the administration of the programs
implemented by this Agreement. In all other cases, disclosure shall be made only
as required by Federal and State laws, court orders or subpoenas, or subpoenas
by a grand jury.
I. Property Title
The 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
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The Contractor shall not assign this Agreement or enter into subcontracts to this
Agreement with additional parties without obtaining prior written approval of the
DHS. The DHS, 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 DHS' 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 DHS 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
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
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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
DHS, 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
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.
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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
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
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As required by section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the Contractor certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any persons influencing or attempting to
influence an officer or employee of an agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress
in connection with the making of any Federal grant, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal grant or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall complete
and submit Standard form — LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including
sub-grants, contracts under grants and cooperative agreements, and
subcontracts) and that all sub-recipients shall certify and disclose
accordingly.
T. 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 DHS 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
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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.
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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 Oakland County Prosecuting Attorney
this day of ,2005 By:
Prosecuting Attorney
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 #: CSPA-06-63002
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• . 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/ PA-OS
PROVIDER: FOC X 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) 23.50 23.50
A. Enforcement (FOC WOR COMB) 23.50 23.50
B. Establishment (PA VOR COMB)
2. 'Yo OF TOTAL FTE'S (IV-D Allocation Factor) 100.00%
A. Enforcement (FOC &/OR COMB) 100.00%
B. Establishment (PA &/OR COMB)
3. CASELOAD `)/0 (FOC, Comb) 100%
PROPOSED TOTAL
SECTION C. 2006 PROVIDER
BUDGET CATEGORIES 1V-D BUDGET EXPENDITURES
1. Personnel 1 ,821,305 1,821,305
2. Data Processing $ 15,018 $15,018
3. Other Direct 257,538 . 257,538
4. Central Services $ 156,386 156,386
5. Paternity Testing (PA/COMB Only) $ 7,360 $ - 7,360
6. TOTAL BUDGET 2,257 ;607 2,257,607
7. Service Fees (FOC & COMB Only)
8 Mediation Fees (FOC & COMB) -
9. Other Income (describe)
10. NET BUDGET $ 2 ,257,607 2,257,607
11. County Share @ 34% $ 767,586
12. TOTAL State Share @ 66% $ 1,490,021
13. TOTAL CONTRACT AMOUNT $ 2,257,607
14 STATE FUNDING SUPPLEMENT $ 21,952
15. Total DHS Oblig.(excluding incentives
Add lines 12 & 14 1,511,973
MAXIMUM NET IV-D EXPENSES
UNDER (OVER) STATE MAXIMUM
$ 2,595,775
$ 338,168
FISCAL NOTE (RISC. #05299) December 8, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2006 COOPERATIVE REIMBURSEMENT PROGRAM
(CRP) GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Prosecuting Attorney is requesting the acceptance of
the FY 2006 Cooperative Reimbursement Program Grant for
the period of October 1, 2005 through September 30,
2006. This is the 33rd year of grant acceptance.
2. The grant award of $2,257,607 is 1% greater than the
current award. The Federal contribution is $1,490,021
(66%), the County match is $745,634 (33%), and the State
supplement is $21,952 (1%).
3. In addition to the County match requirements, the County
is expected to incur $156,386 in administrative and
support costs, which have been included in the FY 2006
budget. This grant allows for recovery of those costs.
4. The Prosecutor's Cooperative Reimbursement Program Grant
budget will be amended as shown on Attachment A.
5. The grant match amount of $745,634 is included in the FY
2006 Adopted Budget Non-departmental grant match line
item.
6. A budget amendment is recommended to transfer the funds
to the Prosecuting Attorney's grant match line item. The
Fiscal Year 2006 Budget is amended as follows:
General Fund #10100
9090101 196030 730800 Grant Match ($745,634)
4010101 126070 730800 Grant Match 745,634
Total General Fund Expenditures 0
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton and Woodward
absent.
6
Attachment A
OFFICE OF THE PROSECUTING ATTORNEY
Oakland County Cooperative Reimbursement Program Grant
Fund Dept Program
27315 410201 126070
Account
FY 2005
Award
FY 2006
Application
FY 2006
Award
Variance
FY 2006 Award
to FY 2005 Award
730163
730338
730646
730688
730695
730772
730695
731213
731241
731346
731388
731458
731962
732018
750154
750399
772618
770631
774636
777560
776661
775667
776666
770667
778675
774677
Positions
Operating
Blood Tests - Paternity
Computer Research Service
Equipment Maintenance
Expert Witness Fees and Mileage
Extradition Expense
Freight & Express
Indirect Cost
Membership Dues Publications
Miscellaneous
Personal Mileage
Printing
Professional Services
Transcripts
Travel & Conference
FA Expendable Equipment
Office Supplies
Equipment Rental
Building Space Cost
Info Tech Operations
Radio Communications
Motor Pool
Mail Room
Print Shop
Convenience Copier
Telephone Communications
Insurance Fund
Total Operating Costs
GRANT TOTAL
24
$ 1,151,129
602,115
$ 1,753,244
7,360
19,000
500
25,000
217,360
1,000
1,000
1,700
2,500
13,100
4,875
1,800
7,000
918
79,551
17,280
3,112
15,000
27,170
2,990
4,010
25,041
4,976
$ 482,243
$ 2,235,487
24 24
$ 1,190,349 $1,190,349
628,956 628,956
2,000 2,000
$ 1,821,305 $1,821,305
$ 7,360 $ 7,360
25,000 25,000
1,000 1,000
500 500
30,000 30,000
1,000 1,000
156,386 156,386
1,000 1,000
1,000 1,000
1,700 1,700
2,500 2,500
13,100 13,100
1,000 1,000
6,000 6,000
1,800 1,800
7,000 7,000
918 918
75,827 75,827
15,018 15,018
489 489
17,800 17,800
31,039 31,039
6,000 6,000
25,041
7,824
$ 436,302
$ 2,257,607
0
$ 39,220
26,841
2,000
$ 68,061
6,000
1,000
5,000
1,000
(60,974)
1,000
1,125
(3,724)
(2,262)
(2,623)
2,800
3,869
3,010
(4,010)
2,848
$(45,941)
$ 22,120
702010 Salaries
722740 Fringe Benefits
730303 Clothing Allowance
Total Personnel Cost
25,041
7,824
$ 436,302
$2,257,607
State (Federal) Share
County Share
State Supplement
REVENUE TOTAL
$ 1,475,422
679,133
80,932
66.00% $1,490,021
30.38% 745,634
3.62% 21,952
66.00% $ 1,490,021
33.03% 745,634
0.97% 21,952
66.00%
33.03%
0.97%
$ 2,235,487 $ 2,257,607 $2,257,607
r.7 Prepared by Fiscal Services 11/18/2005
I HEREBY APPROVE THE h GOIN RESOLUTION
Resolution #05299 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—Jettison, County Clerk