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HomeMy WebLinkAboutResolutions - 2006.08.31 - 28084MISCELLANEOUS RESOLUTION #06164 August 31, 2006 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2007 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 $2,310,288 for the period October 1, 2006 through September 30, 2007; and WHEREAS this is the 34th year of grant acceptance for this program; and WHEREAS the Federal contribution is $1,524,790 (66%), the County contribution is $763,694 (33%), and the State supplement is $21,804(1%); and WHEREAS the required County match of $763,694 has been included in the FY 2007/FY 2008 Executive Recommended Budget; and WHEREAS this grant includes continued funding for 24 positions, as follows: one (1) Chief (44010201-2946), one (1) Legal Secretary (#4010201- 2932), one (1) Office Supervisor (#4010201-979), three (3) Assistant Prosecutors (44010201-2052, 44010201-2492, #4010201-7046), three (3) Prosecutor Investigators (44010201-1002, #4010201-1847, #4010201-9646, four (4) Support Specialists (44010201-916, 44010201-4690, #4010201-6388, #4010201- 7379), and eleven (11) Office Assistants (#4010201-361, #4010201-514, #4010201-2160, #4010201-2612, 44010201-3224, #4010201-3366, 44010201-4691, #4010201-4692, 44010201-5412, #4010201-7045, #4010201-7380);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 $2,310,288 for the period of October 1, 2006 through September 30, 2007. 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 Potter absent. GRANT REVIEW SIGN OFF — Prosecutor's Office / CRP GRANT NAME: FY 2007 Title IV-D Cooperative Reimbursement Program FUNDING AGENCY: Michigan Department of Human Services — Office of Child Programs DEPARTMENT CONTACT PERSON: David G. Case / 8-5377 STATUS: Acceptance DATE: August 7, 2006 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. 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 Sign Off 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. DEPARTMENTAL REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (8/2/2006) Department of Human Resources: Approved. — Nancy Scarlet (8/2/2006) Risk Management and Safety: Approved By Risk Management - Andrea Plotkowski (8/6/2006) Corporation Counsel: After reviewing this grant contract, there appear to be no legal issues that require additional action or resolution at this time. — Karen Agacinski (8/1/2006) COMPLIANCE The grant contract references a number of specific federal and state rules and regulations. Below is a list of these specifically cited compliance related requirements for this grant. • Federal Office of Management and Budget (OMB) Circular No. A-87 - Cost Principles for Local Government. This Circular establishes principles and standards for determining costs for Federal awards carried out through grants with State and local governments. http://www.whitehouse.gov/omb/circulars/a087/a87 2004.html • Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations expending federal awards. http://www.whitehouse.gov/omb/circulars/a133/al 33 .html • Federal — HITS Program Performance Measures, Standards, Financial Incentive, and Penalties "45 CFR 305" http://www.access.gpo.gov/nara/cfewaisidx 05/45 cfr305 05.html • Michigan "Persons with Disabilities Civil Rights Act" http://www.michigan.gov/documents/act-220-of-1976 8771 7.pdf • Federal "Americans with Disabilities Act" http://www.usdoi.gov/crt/ada/ • Federal Anti-Lobbying Act - 31 USC 1352 http://frvvebgatel .access.gpo.gov/cgi- bin/waisgate.cgi?WAISdocID=3541 79178124+0+0+08zWA IS actionetri eve • Freedom of Information Act "PA 442 of 1976" http://www.usdoj.gov/oip/foia updates/Vol XVII 4/p age2.htm 24 $ 1,190,349 628,956 2,000 $ 1,821,305 $7,360 25,000 1,000 500 30,000 1,000 156,386 1,000 1,000 1,700 2,500 13,100 1,000 6,000 1,800 7,000 918 75,827 15,018 489 17,800 31,039 6,000 0 25,041 7,824 Positions 702010 722740 730303 Salaries Fringe Benefits Clothing Allowance Total Personnel Cost 730163 730338 730646 730688 730695 730772 730926 731213 731220 731241 731339 731346 731388 731458 731962 732018 750154 750399 772618 770631 774636 777560 776661 775667 776666 770667 778675 774677 Operating Blood Tests - Paternity Computer Research Ser Equipment Maintenance Expert Witness Fees an Extradition Expense Freight & Express Indirect Cost Membership Dues Microfilming and Reprod Miscellaneous Periodicals Books Publ Personal Mileage Printing Professional Services Transcripts Travel & Conference Expendable Equipment Office Supplies Equipment Rental Building Space Cost Info Tech Operations Radio Communications Motor Pool Mail Room Print Shop Convenience Copier Telephone Communicati, Insurance Fund Total Operating Costs $ 436,302 GRANT TOTAL $ 2,257,607 Attachment A OFFICE OF THE PROSECUTING ATTORNEY Oakland County Cooperative Reimbursement Program Grant Fund Dept Program 27315 4010201 126070 Account FY 2006 Award FY 2007 Application FY 2007 Award Variance FY 2007 Award to FY 2006 Award 24 24 0 $ 1,205,529 $ 1,205,529 S 15,180 651,762 651,762 22,806 1,294 1,294 (706) $ 1,858,585 $ 1,858,585 $ 37,280 $3,000 $3,000 $ (4,360) 10,000 10,000 (15,000) 0 0 (1,000) 500 500 0 25,000 25,000 (5,000) 18 18 (982) 172,025 172,025 15,639 1,000 1,000 0 154 154 154 2,000 2,000 1,000 166 166 166 1,700 1,700 0 2,500 2,500 0 13,000 13,000 (100) 0 0 (1,000) 6,000 6,000 0 1,000 1,000 (800) 7,000 7,000 0 0 0 (918) 75,827 75,827 0 19,872 19,872 4,854 3,578 3,578 3,089 19,505 19,505 1,705 36,687 36,687 5,648 5,047 5,047 (953) 7,100 7,100 7,100 30,054 30,054 5,013 8,970 8,970 1,146 $ 451,703 $ 451,703 $ 15,401 $ 2,310,288 $2,310,288. $ 52,681 State (Federal) Share County Share State Supplement REVENUE TOTAL $ 1,490,021 745,634 21,952 2,257,607 66.00% S 1,524,790 33.03% 763,694 0.97% 21,804 100% $ 2,310,288 66.00% $ 1,524,790 66.00% 33.06% 763,694 33.06% 0.94%, 21,804 0.94% 100% $ 2,310,288 100% Prepared by Fiscal Services 8/16/2006 Contract No: CSPA-07-63002 County: Oakland Net Budget Amount: $2,310,288.00 Total Contract Amount: $1,546,594.00 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") 1200 North Telegraph Pontiac, MI 48341 This Agreement, effective October 1, 2006 through September 30, 2007, 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: 1. Make IV-D services available to all eligible persons. 2. Make all reasonable efforts to establish paternity and secure orders as needed for the establishment of court ordered child support for children born in or out of wedlock, as provided by law. 3. Initiate locating action when necessary. 4. 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: CM-Fl 64 (Rev. 6-06) Previous edition obsolete. MS Word a. Central system case records; b. Paper case records; and c. MiCSES and PAAM 1V-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 1V-D, OCS and DHS reporting requirements. E. Billing Method -3- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word 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 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 DHS 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. 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. d. If any staff funded in part or whole by IV-D funds do not work full-time on 1V-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. -4- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word F. Billing Procedure Contractor shall submit a monthly "Title IV-D Cooperative Reimbursement Expenditure Report," (Form DHS-286) to DHS detailing program-related expenditures. The DHS-286 shall indicate actual expenditures incurred broken out costs by category of expense in the performance of this Agreement for the period being billed. The DHS-286 shall be submitted to DHS within thirty (30) days from the end of the monthly billing period. For the month of September, DHS-286 shall be submitted as reasonably directed by DHS to meet fiscal year- end closing deadlines. At its discretion, DHS may not make payment to the Contract for billings submitted more than 90 (ninety) days after the end of a billing period. 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, and 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 sub-recipient 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: Federal Program Title CFDA# FFP% Title IV-D 93.563 100% -5- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word Note: The FFP percentage above refers to the percentage of federal funding represented in the reimbursement DHS makes to the Contractor. DHS may change the CFDA number and 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 web site. The Contractor is required to check the web site 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.michigan.gov/dhs/0,1607,7-124-5455_7199_8380 —,00.html DHS agrees to participate in audit costs related to the audit as described in other sections of this contract. Reporting Requirements The Contractor must immediately report to the DHS Office of Internal Audit accounting irregularities including noncompliance with contract provisions. 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 sub-recipient 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) -6- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word 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 If the Contractor is a sub-recipient of DHS, but asserts it is not required to have a Single Audit performed, the Contractor shall submit an Audit Transmittal letter to the DHS Office of Internal Audit stating the reason the Single Audit is not required. Failure by the Contractor to submit the transmittal letter shall result in invoking the same sanctions on the Contractor as failure to submit the Single Audit Report. 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 and/or Audit Transmittal Letter as defined in Circular A-133 is considered non- compliance with this section and may be grounds to impose sanctions. Sanctions -7- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word DHS may impose sanctions if the Contractor fails to adhere to any of the audit requirements including the Audit Transmittal Letter in this Agreement. In cases of continued inability or unwillingness to comply with audit requirements on the part of the Contractor, DHS may recoup all Federal payments made to the Contractor during the period for which Single Audit was required but not performed. Fiscal Requirements The Contractor shall install and maintain an accounting system to identify and support all expenditures billed to DHS under the Agreement. The accounting system must record all income and expenses for the Contractor's total program of which services provided under this Agreement are a part. The accounting system, as a minimum, shall consist of a chart of accounts, cash receipts journal, cash disbursements journal, and general ledger. All expenditures and income must be supported by vouchers and receipts that detail the reason for the transaction. The Contractor shall maintain, within the accounting system, salary and fringe benefits accounts that break out positions, hospitalization, retirement, worker's compensation and other fringe benefits. The Contractor shall establish and maintain payroll records for all employees. 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 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. -8- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word 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 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 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 amount of the State Funding Supplement allocation, as defined by terms of this Agreement, is TWENTY ONE THOUSAND EIGHT HUNDRED FOUR AND NO/100 DOLLARS ($21,804.00). 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. -9- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word 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, 2006 through September 30, 2007 as defined by the terms of the Agreement is ONE MILLION FIVE HUNDRED FORTY SIX THOUSAND FIVE HUNDRED NINETY FOUR AND NO/100 DOLLARS (1,546,594.00), 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: $1,524,790.00. b. State Funding Supplement: $21,804.00. 2. If review of Contractor's financial records indicates costs are projected to exceed the current budget, the 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 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 federal or state funds for purposes of this Agreement is subject to and conditioned upon the availability of those funds for such purposes. No commitment is made by the DHS to continue or expand activities covered by this Agreement. DHS may terminate this Agreement immediately upon written notice to the Contractor at any time prior to the completion of this Agreement if, in -10- CM-Fl 64 (Rev. 6-06) Previous edition obsolete. MS Word the discretion 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. C. Fees and Other Sources of Funding The Contractor may not submit a claim for any service under this Agreement if the same service has been reimbursed in whole or in part with funds under another program. If the Contractor receives fees or reimbursement of costs for a service provided under this Agreement, the amount of fees or costs, whichever is greater, shall be deducted form any amounts billed under this Agreement. 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 specified 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 deemed necessary by DHS 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 DHS or any of it 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. Federal auditors and any persons duly authorized by 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 -11 - CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word 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 notify DI-IS when and if the Contractor operations cease during the six (6) year period after final payments and provide for appropriate storage of records at the Contractor's expense. 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 work papers and, furthermore, that the DHS may review the auditor's work papers 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 1976 Public Act 453, Section 209. The Contractor shall also comply with the provisions of the Michigan Persons with Disabilities Civil Rights Act, 1976 Public Act 453, 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 funded 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. -12- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word 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 personally identifying 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. Fixed Assets DHS reserves the right to obtain or transfer title to all fixed assets, real or personal, included in the approved budget of this Agreement, billed in full or in part to DHS by the Contractor and not fully utilized at the conclusion of the Agreement. Fixed asset cost billed to DHS shall be limited to straight-line determination or use charge pre-approved by DHS and shall be used only for the performance of the Agreement unless another use is authorized in writing by DHS. DHS property shall be used only for the performance of the 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. At least 30 days prior to the end of this Agreement (which includes cancellation of the contract), the Contractor shall report to DHS the book value of all fixed assets and non-consumables purchased with DHS funds and request written instructions regarding the disposal of these fixed assets and consumable and/or non- consumable supplies that have been acquired with funds under this Agreement. Any gain on the sale or disposition of fixed assets before completion of the contract must be immediately reported and refunded to DHS. No disposal, sale or transfer of fixed assets obtained under this contract in whole or part, may occur without the express written consent of DHS. J. Subcontracts -13- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word The Contractor shall not assign this Agreement or subcontract this Agreement to other parties without obtaining prior written approval of the DHS Office of Contract and Rate Setting. 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, when applicable. The Contractor shall be responsible for the performance of all assignees or subcontractors. If subcontracting, the Contractor must obligate the Subcontractor(s) to maintain the confidentiality of DHS' client information in conformance with State and Federal requirements. At DHS' request, any employee of the Contractor and of any Subcontractor having access or continued access to the DHS' confidential information may be required to execute an acknowledgement that the employee has been advised of the Contractor's and Subcontractor's obligations under this section and of the employee's obligation to DHS, the Contractor or Subcontractor, as the case may be, to protect such confidential information from unauthorized use or disclosure. K. Cancellation of Agreement DHS may cancel the Agreement upon thirty days written notice if DHS determines that the Contractor, its agent, or its representative has offered or given a gratuity, kickback, money, gift, or anything of value to an officer, official or employee of the State to obtain a contract or favorable treatment under a contract. By signing this Agreement, the Contractor hereby certifies that no funds have been given to any state officer, official, or state employee for influencing or attempting to influence such officer, official, or employee of the State. Except as indicated below, DHS may cancel the Agreement without further liability to DHS or its employees by giving the Contractor written notice of such cancellation thirty (30) days prior to the date of cancellation. The Contractor may terminate this agreement upon thirty (30) days written notice to 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 -14- CM-Fl 64 (Rev. 6-06) Previous edition obsolete. MS Word 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. DHS shall within the limit of this Agreement reimburse the Contractor for allowable costs not previously reimbursed. The Contractor shall immediately refund to 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 as terminating the ongoing responsibilities of the Contractor or rights of the DHS contained in Section III, E, "Examination and Maintenance of Records" and Section III, L, "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. Aareement 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. Monitoring Requirements DHS reserves the right to perform on-site visits during normal business hours 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 DHS during the monitoring process by making available all records, facilities, and other resources necessary to perform the review. -15- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word 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 DEIS' 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-286, 'Title IV-D Cooperative Reimbursement Actual Expenditure Report" 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. Q. 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 -16- CM-Fl 64 (Rev. 6-06) Previous edition obsolete. MS Word sub-grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. R. 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-286, 'Title IV-D Cooperative Reimbursement Actual Expenditure Report" 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 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. S. 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. T. 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, MCL 15.231, et seq. U. Audit Reports the Contain a Going Concern Statement -1 7- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word If an audit firm conducts an audit of the Contractor and issues an audit report with a finding of a Going Concern, the Contractor must submit this audit report to the DHS Office of Internal Audit within 10 days from the date of the audit report. The submission of this audit report to DHS is required regardless of whether an audit is required under this Agreement. A Contractor receiving a Going Concern must submit a financial plan to DHS Office of internal Audit no later than 25 days from the date of the audit report issued by the audit firm. The financial plan must be approved by DNS. Failure of the Contractor to either timely submit the audit report with the Going Concern, or timely submit a financial plan, or DHS' rejection of the Contractors financial plan, are grounds for immediately terminating the contract. Mailing address for all audit information: Michigan Department of Human Services Office of Internal Audit 235 S. Grand Ave., Suite 1112 Lansing, MI 48909 Attention: William Addison, CPA V. Repayment of Debts and Other Amounts Due DHS By entering into this Agreement, the Contractor agrees to honor all prior repayment agreements established by DHS with the Contractor or Contractor's predecessors. If the Contractor has an outstanding debt due to DHS but does not have a repay agreement, the Contractor agrees to make monthly payments to DHS at an amount not less than 5% of any outstanding balance and to begin on the date this Agreement is executed. If the Contractor fails to honor prior repayment agreements, or the Contractor fails to begin repayment on an obligation due DHS that is not subject to a repayment agreement, DHS will automatically reduce repayments to the Contractor under this Agreement to recoup the debt. The payment reduction will be made at the amount originally established in the repayment agreement or at an amount not less than 5% of any outstanding balance effective on the date this Agreement is executed. W. Use of Funds for Sectarian Purposes In regard to providing service under this Agreement, the Contractor shall not discriminate against an individual on the basis of religion, a religious belief, or refusal to actively participate in a religious practice. No funds provided to the -18- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word Contractor to provide services and administer programs under this Agreement shall be expended for sectarian worship, instruction, or proselytization. -19- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word , Michigan The County of Oakland (Contractor) IN WITNESS WHEREOF, the DHS and the Contractor have caused this Agreement to be executed by their respective officers dul y authorized to do so. The Undersigned has the lawful authority to bind the Contractor to the terms set forth in this Agreement. Dated at ?bin.lri A- C.- , Michigan Oakland Prosecuting Attorpey this 2.143sday of S.) , 2006 By: houjr.,AL)/ /.Pronutingsttorn (Print Name) Dated at this day of , 2006 By: Chairperson, County Board of Commissioners Witness: (Print Name) Dated at , Michigan Department of Human Services this day of , 2006 By: Director or Designee Witness: Contract #: CSPA-07-63002 -20- CM-F164 (Rev. 6-06) Previous edition obsolete. MS Word Mc) t \-3 Michigan Department of Human Services ATTACHMENT C FISCAL YEAR (FY) 2007 TITLE IV-D COOPERATIVE REIMBURSEMENT PROGRAM APPLICATION and WORKSHEETS BUDGET SUMMARY PAGE A. CONTRACT DESCRIPTION COUNTY: OAKLAND PROVIDER FOC PA _X_ COMBINATION FISCAL YEAR 2007 CONTRACT NO. :CS/ PA 07-63002 COLUMN I COLUMN H COLUMN III PROPOSED PROVIDER'S IV-D TOTAL B. ALLOCATION FACTORS BUDGET ELIGIBLE BUDGET 1. Total FTE Positions (FOC, PA, COMB) 23.50 23.50 a. Enforcement (FOG 8/OR COMB) b. Establishment (PA &MR COMB) 23.50 23.50 2. % of Total FTE's (IV-D Allocation Factor) 100.00% a. Enforcement (FOG 84/OR COMB) 100.00% b. Establishment (PA 8dOR COMB) 3. Caseload % (FOG & COMB) PROPOSED PROVIDER'S IV-D TOTAL C. BUDGET CATEGORIES BUDGET ELIGIBLE BUDGET 1. Personnel $ 1,858,585 $ 1,858,585 2. Data Processing $ 19,872 $ 19,872 3. Other Direct $ 256,806 $ 256,806 4. Central Services $ 172,025 $ 172,025 5. Patemity Testing (PA/COMB Only) $ 3,000 $ 3,000 6. TOTAL BUDGET $ 2,310,288 $ 2,310,288 7. Service Fees (FOC & COMB Only) $ - $ - O. Judgment Fees (FOC & COMB) $ - $ - O. Other Income $ - $ 10. NET BUDGET $ 2,310,288 $ 2,310,288 11. County Share @ 34% $ 785,498 12. State Share @66% $ 1,524,790 13. TOTAL CONTRACT AMOUNT $ 2,310,288 14. State Funding Supplement $ 21,804 15. TOTAL DHS OBLIGATION. (exclude incentives) Add lines 12 & 14 $ 1,546,594 , AT 2006-032 Attachment C C-11 CRP Grant Fund #27315 FY 2007 FISCAL NOTE 0.1ISC. 06164) August 31, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2007 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 2007 Cooperative Reimbursement Program Grant for the period of October 1, 2006 through September 30, 2007. This is the 34th year of grant acceptance. 2. The grant award of $2,310,288 is 2.3% greater than the current award. The Federal contribution is $1,524,790 (66%), the County match is $763,694 (33%), and the State supplement is $21,804 (1%). 3. In addition to the County match requirements, the County is expected to incur $172,025 in administrative and support costs, which have been included in the FY 2007/FY 2008 County Executive Recommended budget. This grant allows for recovery of those costs. 4. The grant match amount of $763,694 is included in the FY 2007/FY 2008 County Executive Recommended Budget Non- departmental grant match line item. 5. The difference between the County Executive Recommended Budget (FY 2006 Award) and the Finance Committee Recommended Budget (FY 2007 Award) is $52,681 as illustrated on Attachment A. 6. The budget is amended as follows: General Fund 410100 FY 2007 9090101-196030-730800 Grant Match ($763,694) 4010201-989999-788001-27315 Transfers Out $763,694 Total General Fund Expenditures 0 4010201-126070-630434 CRP Contract $1,524,790 4010201-126070-625212 CRP State Supplement 21,804 4010201-989999-695500-10100 Transfers In 763,694 Total Grant Revenue $2,310,288 4010201-126070-702010 4010201-126070-722740 4010201-126070-730163 4010201-126070-730303 4010201-126070-730338 4010201-126070-730688 4010201-126070-730695 4010201-126070-730772 4010201-126070-730926 4010201-126070-731213 4010201-126070-731220 Salaries $1,205,529 Fringe Benefits 651,762 Blood Tests (Paternity) 3,000 Clothing Allowance 1,294 Computer Research Serv 10,000 Expert Witness Fees 500 Extradition Expense 25,000 Freight & Express 18 Indirect Costs 172,025 Membership Dues 1,000 Microfilming & Reprod 154 FINANCE COMMITTEE Motion carried unanimously on a roll call vote. 4010201-126070-731241 4010201-126070-731339 4010201-126070-731346 4010201-126070-731388 4010201-126070-731458 4010201-126070-732018 4010201-126070-750154 4010201-126070-750399 4010201-126070-770631 4010201-126070-770667 4010201-126070-774636 4010201-126070-774667 4010201-126070-775667 4010201-126070-776661 4010201-126070-777666 4010201-126070-777560 4010201-126070-778675 Total Grant Expenditures Miscellaneous 2,000 Periodicals Books Publ 166 Personal Mileage 1,700 Printing 2,500 Professional Services 13,000 Travel & Conference 6,000 Expendable Equipment 1,000 Office Supplies 7,000 Building Space Cost 75,827 Convenience Copier 7,100 IT Operations 19,872 Insurance Fund 8,970 Mail Room 36,687 Motor Pool 19,505 Print Shop 5,047 Radio Communications 3,578 Telephone Communications 30,054 $2,310,288 FINANCE COMMITTEE 11 / 4 L Ruth Johnson, County Clerk Resolution # 06164 August 31, 2006 Moved by Palmer supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gershensen, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. 24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adppted (with accompanying reports being accepted). "Mito I MY APPROVE THE FONG= RESOWTION 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 August 31, 2006, 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 31st day of August, 2006.