HomeMy WebLinkAboutResolutions - 2008.10.02 - 9608October 2, 2008
MISCELLANEOUS RESOLUTION #08212 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON
IN RE: CIRCUIT COURT/FRIEND OF THE COURT - FISCAL YEAR 2009 COOPERATIVE
REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Human Services, Office of Child
Support has approved the Oakland County Friend of the Court's Fiscal Year
2009 Title 1V-E Cooperative Reimbursement Program (CRP) Contract, effective
October 1, 2008 through September 30, 2009; and
WHEREAS the Fiscal Year 2009 Title :V-D program totals $13,250,596 of
which $140,200 will be funded by fees collected and $1,573,192 will be funded
by Federal Incentive Payments. The remaining $11,537,204 will be funded by
the State in the amount of $7,614,555 (66%-) and Oakland County in the amount
of $3,922,649 (34%-); and
WHEREAS the requested County match is budgeted in the General Fund Non-
departmental budget. An additional General Fund appropriation is required to
fund all expenditures not covered by the CRP contract Funds, Federal
Incentiye funds and Charges for Services. This amount is budgeted in the
Genera ,T Fund 176n-departmental budget; and
WHEREAS acceptance of th',..5 contract does not obligate the County to any
future commitment; and
WHEREAS the grant has been approved by the County Executive's Grant
Review Process.
NOW THEREFORE BE 17 RESOLVED that the Oakland County Board of
Commissioners accepts the Fiscal Year 2003 Cooperative Reimbursement Program
Contract through September 2G, 2009 for the Friend of the Court in the amount
of $7,614,555. Also, the acceptance. of this grant -recognizes general fund
grant match in 4the amount of $3,922,649.
BE IT FURTHER RESOLVED that future levels of service, including
personnel, are contingent upon the level of funding from the State for this
program.
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners is authorized to execute this reimbursement agreement and to
approve amendments and extensions up to fifteen (15) percent variance from
the award, consistent with the agreement as approved.
Chairperson, on behalf of the Public Services Committee, : move the
adoption of the foregoing reso-ution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote vv..t'n Gingell absent
GRANT REVIEW SIGN OFF — Friend of the Court
GRANT NAME: FY 2009 Cooperative Reimbursement Program
FUNDING AGENCY: Michigan Office of Child Support
DEPARTMENT CONTACT PERSON: Suzanne Hollyer 858-0431
STATUS: Grant Acceptance
DATE: September 12, 2008
Pursuant to Misc. Resolution 401320, please be advised the captioned grant materials have completed
• internal grant review. Below are the returned comments.
The captioned grant materials and gam 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.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (9/3/2008)
Department of Haman Resources:
Approved. 7 Cathy Shallal (9/212008)
Risk Management and Safety:
Approved, - Andrea Plotkowski (9/8/2008)
Corporation Counsel:
After reviewing this want agreement, there appear to be no unresolved legal issues that require action at
this time. — Karen Agaeinski (9/9/2008)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Relow is a list of
these specifically cited compliance related documents for this grant.
Title INAP of the Social Security Act
Attniiwww.ssa.cov/OP Home/ssactititle04/0400.hun
Federal Office of Management mid Budget (OMB) Circular No. A-87. This Circular establisbes principles
and standards for determining costs for Federal awards carried out through grants, cost reimbursement
contracts, and other agreements with State and local governments and federally recognized Indian tribal
governments (governmental units).
http.-il oviamblcircular,71u87 2004InuMatta
Child Support Performance and Incentive Act of 1998 (Public Law 105-2001)
laivA:docid—Prnibl2Q0.1
Federal Office of Management and Budget (OM)) Circular No. A-133. This Circular sets forth standards for
obtaining eonsistericy and uniformity among Federal agencies for the audit of States, local governments, and
non-profit organizations expending federal awards. hito://www.whiichouse.Rovlotribkireularsia133/a133.1ittril
16,152,486 16,251,974 16.e54,1553 15,154,853 16,654,853 8 18,229,700
2,600,000 $
83,248
1,101 543
3,864 789 $
1,554,835 $
1,101,543
2,686,176 5
1,573;192 $
1,573,192 $
2,573,192 5. 2,573,192 2,573,192 •$
7,670,641 $
3,651,645
11,122,488 1
7,670,841 $ 7,614,655 $
3,951,645 3,922,849
11.822.486
7,480,021
3,843,041
11,303.082 11.637
1,055,428 1,016 750
1,•56,322 $ 2,403,747 $
Circuit Court / Friend of the Court
General Fund Impact Analysis
L."
Forecast
2806
Amend Butictet
lug
pxoc Rae , Flnance Sudsier
202 2010
&nos ILA finance Plan
ntgl apendltura Budget
Revenue..
Other Funding
Federal Incentive Revenue (Grant Revenue)
Slate Funding Supplement (Grant Revenue)
One rime Payment frorn State
Total Other Funding
(-Air Contact
60% CRP Contact Revenue (Grant Revenue)
34% Required County Grant Cash Match (General Fund Transfer En)
Total CRP Contract Funding
$ 7,000,000 $ 7,320,638 $ .
3,606 001 3,771,186
'---17-11-0,6013,0671--091;727477—
1,056,429 .1,055,428 $ 1,055.428
1,298,0113
16.229.700
Charges for Servrces
Tele' Additional transfer to Balance FOG Fund (General Fund Transfer Out) $
$
vtel General FL1111(i$ transferred to Friend of Court Fund
';f. of rotal Friend or Court Funding
861,891
889,748 $
16,152,488 $
p0C18 Fortatal 20011 Budd* 20.911
4,495,809 $ 6,229,508 3 1,355,392 $
25% 32% 38%
F' uIr1 Revenue 10,2,974 $ 16,554,553
1,403,747 $ 1,489,020 $
16,864,1353 $ 16,654,853 5
1002. 2otip 2010
5,355,292 5 5,411,878 $ 5,141,059
31% 32% 32% .
Adjustment
(56,286)
56,286
Friend of the Court
2009 CRP Contract Acceptance Fiscal Note Amendment Backup
General Fund 10109
JExuenditures
ppLj Program 60P0.1
9090101 196030 730800
3010401 121100 788001
Totals
Fund Ate
Non-Dept -Grant Match
27100 Clr Ct. - Operating Transfer Out
2009
Executive Roc
Budget
6,748,257
2009
Finance Comm-
Spritlet
6,748,257
Adjustment
(6,411,678)
5,411,678
2009
Amended
Budget
1,336,579
6,411,878
6,748,257 6,7 ,48 257 6,748,257
EL1 NI!
CRP Contract
10100 Transfer In
Friend of the Court Fund 27100
Revenue
PM:11W Account
3010404 126030 • 630434
3010404 126030 695500
Totals.
2009
Executive Rec
Budget
7,670,841
6,355,392.
14,026,233
2009
Finance Comm
Budget
7,670,841
• 5,35;392
13,026,233 ,
2009
Amended
Budget
7,614,555
5,411,678
13,026,233
4e)
JENNIFER M. CIRANHOLM
GOVERNOR
STAW OF MICHIGAN
DEPARTMENT OF HUMAN SERVICES
1140
LAME**
ISMAEL. ANNE])
August 25, 2008 DIRECTOR
Ms. Suzanne HoDyer
Friend of the.Court
Oakland County
230 Elizabeth Lake Rd.
Pontiac, MI 48343-6012
RE: Fiscal Year (FY) 2009 Title IV-D Cooperative Reimbursement Program (CRP)
Agreement for Oakland County CS-FOC-09-63001
Dear fits4kanYer: S 0 4 on et-f- —
Two copies of your CRP agreement and one copy of your approved application are enclosed.
Please take the following actions and return the signed agreements by September 15, 2008.
to:
Michigan Department of Human Services
Division of Contracts and Rate Settings, Suite 1201
235 South Grand Avenue
PO Box 30037
Lansing, MI 48909
1. Sign, date and have witnessed both agreements (provider or designee).
2. Obtain the program contractor (Chair, County Board of Commissioners, or the
designee's) signature; date and have witnessed both agreements
3. Return both signed agreements (originals) to the address noted above. Do not return
the agreements to your contract manager.
4. Retain the copy of your approved application for your files.
After the Division of Contracts and Rate Setting receives the signed agreements, they will
obtain the required Department of Human Services signature and return IA fully signed
agreement to you.
Also enclosed is a summary of the FY 2009 agreement language, as reviewed by the
Program Leadership Group (PLG) that was changed compared to the FY 2008 language.
Sincerely,
ritatt
Marilyn F. Stephen, Dire'afor
Office of Child Support
MFS:lw
Enclosures
235 SOUTH GRAt4D AVENUS • PD. BOX 30037 • LANSING, MICHIGAN 48909
viromurichigan...gov (517) S73-2035
The followino are FY 2009 aareement language r.hAnripR.
• The ten "contract' has been replaced with the term 'agreement" vain the
bogy of the document
• 'Internal Audir wherever used was changed to "Ault
Section I, Contractor Duties and ResponsixTdies, Subsection E (FOG, PA) or F
(COM) BEng Method, Paragraph 1, subparagraph (a) was added to read as
follows: However, expenditures up to a 5% increase or $3,000, whichever is
greater, above the &eat cost line item budget categories are permissible
provided the sum of aD expenditures does not exceed the total amount of the
agreement
• In the same Subsection E or F, Paragraph 2 the language was charged to
read as foliows: Contractor must submit a budget revision request and obtain
prior written approval from DHS to increase any line item by more than 5% ot
$3,000, whichever is less, or decrease fine items in the budget
• In the same Subsection E or F, Paragraph 2, subparagraph (a) the language
was changed to read as follows: The written request for DHS' approval must
contain sufficient. information to allow DHS to identity Man budget the items
are to be increased, venich fine items are to be decreased; the reason for the
change and the programmatic impact of the budget changes. if the budget
changes stay within the originally approved budget total, the request shall be
submftted as a fine ttern transfer. A request that increases the originally
approved budget shall be submitted as an amendment.
• in the same Subsection E or F, Paragraph 2, subparagraph (b) the language
was changed to read as follows: A budget revision request will not be accepted.
earlier than six (6) months after the agreement effective date. The due-date to
submit a line item transfer request and/or amendment to OHS is ninety (90)
days prior to the end date of the agreement . .
• Section I, Contractor Duties and Responsibilities, Subsection L (FOC, PA) or
M (COM), Sanctions was changed to read as follows: DHS may impose
sanctions tithe Contractor tails to adhere to any of the audit requirements in
this agreement inducing the Audit Transmittal Letter in this agreement In
cases of continued inability or unwillingness on the part of the Contractor to
comply with audit requirements, OHS may impose sanctions such as: 1.
Withhoicfing a percentage of Federal awards unth the audit is completed
• satisfactorily. 2. Withholding or disallowing overhead costs. S. Suspending
federal welds until the audit is conducted 4. Terminating the federal award.
5. Recouping all federal payments made to the Contractor under this or any
other agreements between DelS and the Contractor.
, ••
.• Section II, DHS Duties and Responsibilities, Subsection B (COM, FOC only)
Payment, Paragraph 3, was added to read as follows: Payment of Bench
Warrant Funds, DI-IS shall pay Bench Warrant Funds to the Contractor in
accordance with Action Trarsmillal (AT) 2007-036, or its successor, and if
applicable, the DHS Memorandum of Understanding (MOU) with the
corrbactor. In accepting the Bench Warrant Enforcement Funds (BWEF), the
Contractor shall use and account for the funds in accordance with AT 2007-
036, orbs successors, and Its MOU with the DHS.
• Section II, OHS Duties and Responsibilities, Subsection G, was added to read
as follows: Additional Funding. DHS shall notify the Contractor of funding
availability associated with this agreement through a:Notice of Funds Available
(NFA), DEIS-256. The NFA shall be signed by DHS arid incorporated by
reference into this agreement unless the Contractor sends written notice of
disagreement with the terms specified in the NFA wilhin 14 days of its receipt.
DI-IS hereby agrees to pay the Contractor an amount not to exceed the
amount Identified in the .NFA for activities performed under this Agreement
exclusively during the period October 1, 2008 to September 30,2009.
• Section III, General Provisions, Subsection H (COM only) or Subsection G
(FOC, PA only) was added to read as follows:
Criminal Background Check
As a corxfition of this Agreement, the Contractor certifies that prior to
hiring, the Contractor shall conduct or cause to be conducted:
1. For each applicant for employment who works cfffectly with clients
under this Agreement, or who has access to client information, an
Internet Criminal History Access Tool (ICHAT) check
2. For each applicant for employment, who works directly with children
under this Agreement a Central Registry (CR) check
The Contractor further certifies that the Contractor shall develop and
silornit a plan to DHS/OCS no later then September 30, 2009 describing a
process and timefine for completion or The (CHAT and OR background
checks for all existing employees, subcontractors, subcontractor
employees, or volunteers. The plan shall include the Contractor's written
policy describing the criteria on which its determinations shall be made
upon receipt of a positive CHAT or CR response record. The Contractors
may =eider the amount of time that has elapsed since the crime and
type of crime when making this determination. The plan shall include the
Contractor's plan for implementation of this provision for unionized staff if
applicable.
Information about1CHAT can be found at httoitapps.michioan.00viichat.
• Section III, General Prcerisbns, Subsection J (COM only), or Subsection I
(FOC, PA only) was changed to read as follows: 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 dbectly connected with the administration of the
programs implemented by this agreement and when not prohibited by law. In
all cases, use or diSPAISLITO of confidential information shall only be allowed
when that Lim or disclosure is in compliance with Federal and State laws,
including HIPAA, Rules and Regulations, Court Orders and Subpoenas, or
subpoenas issued by a grand jury. Such disclosures must conform to all State
and Federal confidentiality provisions. Confidentiality provisions related to
• casework activities, family- situations and issues, family demographics and any
other information that shares case specific details must be strictly observed
and may not be disseminated, in any way except as specified above.
Unauthorized use or disclosure of .confidential information is a violation of this
agreement and may also be subject to criminal penalty pursuant to federal and
state statutes and regulations as they may apply.
• Section lii , General Provisions, Subsection N (COM or or Subsection M
(FOCI PA only) was added to read as follows: Stop Work Orders. DHS may,
at any time, by written stop Work order to the Contractor, require that the
Contractor stop all, or any part,. of the work called for by the agreement for a
period of up to ninety (90) calendar days after the stop work order is delivered
to the Contractor, and for any further period to which the parties may agree
The stop work order shall be specifically identified as such and shall indicate
that k is issued under this section of the agreement Upon receipt of the stop
Work order, the Contractor shall immediately comply with its terms and take all
reasonable steps to minimize the 'flamenco of costs allocable to the work
covered by the stop work order during the period of work stoppage. If a stop
work order issued under this section of the agreement is canceled or the
period of the stop work order or any extension thereof expires, the Contractor
shall resurne work. The parties shall agree upon an equitable adjusbnent in
the services to be delivered, the agreement price, or both, and the agreement
shall be modified, in writing, accordingly, it (a) the stop work order results in an
increase in the time required for, or. in the Contractor's cost properly allocable
to the performance of any part of this agreement; and (b) the Contractor
asserts its right to an equitable adjustment within thirty (30) calendar days after
the and of the period of work stoppage, provided that, if DHS decides the facts
justify the action, DHS may receive and act upon a Contractor tilliing submitted
at any time before final payment under the agreement Where Contractor
performance is statutorily required, or where the work may not be suspended
because of other reasons of law or regulation, a stop work order means that no
payment pursuant to this agreement shall be made to the Contractor for the
work performed while the stop order is effect, unless funds are specifically
appropriated, and become available to OHS specifically for payment of the
work performed under this agreement while the stop work order is in effect "
• Sedicki III,•Oeneral Provisions, Subsection S (COM only) or Subsection R
(FOC, PA only), Monitoring Requirements was changed to allow three years
for on site inspection and sbdy days for a detailed report_ Before the change
• the lime knits were one year and thirty days respectively.
The following are new reports for FY 2009:
• OCS Tax Data Confidentiality Questionnaire- is to be submitted to the
Contract Manager by the due date of April 30 of every year.
• Criminal Background Check Plan is to be submitted to the Contract
Manager by September 30, 2009.
The following Items are highlighted for FY 2009:
• The DRA Incentive Match, Sect. 906 Supplement and Sect. 905
Supplement funding categories are included in the FY 2009 DI-IS
appropriation bill as signed by the Governor. The Program Leadership
Group decided the payments would be based upon the most recent .FY
financial data. Therefore, the actual amounts cannot be calculated until
approximately the second quarter of FY 2009. The Notice of Funds
Available (NFA) language identified in the FY 2009 contract language
changes listed above provides an amendment mechanism to add the
additional funding to the agreement at such time as OCS is able to
calculate the actual amount for all contractors .
Contract No:
County:
Net Budget Amount
Total Contract Amount
Method of Paymert
AGREEMENT
between
CSFOC-09-53001
Oakland
$11,537,204.00
$7,614,555,00
Actual Cost
Michigan Department of Human Services
(hereinafter refern3d to as DHS) &
235 South Grand Avenue
P0. Box 30037
Lansing, Michigan 489. 09
The County of Oakland (hereinafter
referred to as the °Contractor)
230 Elizabeth Lake Road
P0fitaC, MI 48343-6012
This Agreement effective October 1, 2008 through September 30, 2009, is by arid between
DHS, the County of Oakland, a pubuc organization and the 6th Circuit Court (together
referred to as the "Contractor).
1. CONTRACTOR DUTIES AND RESPONSIBILMES
The Contractor shall enforce and seek modikation of support orders, over which it has
jurisdiction. The r.,oniractor shall comply with all requirements of The IV-D of the Social
Security Ad., and shall implement all applicable Federal regulations and requirements,
statutes, court rules, and DI-IS policies and procedures that relate to establishing and
enforcing supped orders. The Contractor will use the automated Ivichigan Child
Support Enforcement Sysbarn (hereinafter referred to as ilvliCSES System), as
supported by the Michigan Friend of the Court (hereinafter referred to as MFOC)
Manual Section 4000, the Friend of the Court tatters, the Mictugan Department of
Human Sen4oes Office of Child Support (hereinafter referred to as "OCS") IV-D
Combined Manual and the Michigan IV-D Action Transmittals (hereinafter referred to as
The IV-D Stank:lards").
A. Enforcement Services
The Contractor shall:
1. Make IV-D services available to all eligible persons.
2.. Maintain records and provide collection services.
3. Enforce support obigabons as defined in MCLA 552.501. Use all
appropriate procedures inducing but not limited to:
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a. • Wage or Income Withholding
b. State Tax Offset
c. Federal Tax Offset
d. Withholding of Unemployment Compensation Benefits
e. impOsing Liens •
t Posting Sew*, Bond or Guarantee for Overdue Support
g. informing the Consumer Reporting Agency
h. Lioerse Suspension
L Medial Support
j, Contempt Proceedings
k. Interstate Enforcement Action
Financial instiulcm Data Match
m. Denying or Revoking Passports
4. Review and modify support orders using the IvEchigan Chid Support
Formula Manuar.
5. Initiate locating action when necessary.
6. Cooperate with other Stites for enforcement of child support orders.
T. Maintain the following administrative processes:
. a. FisCal Policies and Acoouniability
b. Barking of Employees
a Separation of Cash Handling and Accounting Functions
d. • Safeguarding of Information
e. Records Maintenance
8. Receive, account far, and process voluntary support payments.
9. For the purpose of annual Title IV-D Self-Assessment case readings, allow
DI-IS and its identified agents access to:
a. Central system case records
b. Paper case records
c. MiCSES System case records.
10. For the purpose of Administrative Lien and Levy of financial assets, the
Contractor shall abide by the Delegation Agreement in accordance with
Central Financial institution Data Match (ADM) Business Rules.
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B. Reports
The Cordractar 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 MUSES System and extract this information:
Form: DHS-286 "Me !V-l) Cooperative Reimburaernent Expenditure
Report, including appropriate time and caseload'
documentation, including the FPRO Report run within thirty
- (30) days after the month of service.
Cycle: Due by the thirtieth (30th) day alter month of senfice
To: Michigan Department of Human Services
Contact Manager, Office of Child Support
2. Form: DHS-820 - Support Collection Refund/Reirnbursement
Request for incorrect foster care disbursements.
Cycle: As needed in accordance with MFOC Section 4000, Chapter
650.
To: Michigan Department of Human Services •
Reconclation and Recoupment Section .
- P.O. Box 30025, Lansing, MI 48909
3. Form: DHS-620 - Support Collection Refund/Reimbursement
Request for incorrect Medicaid disbursements.
Cycle: As needed In accordance with MFOC Section 4000, Chapter
650.
To: Michigan Department of Community Health
Revenue and -Reimbursement/Third Party Liability
• P.O. Box 30479, Lansing, MI 48909
4. Form: DHS-316 or collection report requesting comactim of
distributed support collections.
Cycle No regular cycle: process as received
To: Michigan Department of Human Services
Office of Child Support •
5. Form: OCS Tax Data Confidentiality Questionnaire
Cycle: Due by April 30
To: Mgan Department of Human Services
Contact Manager, Office of Child Support
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1.
• 6. Form: Crirrinal Background Check Plan
Cycle: Due by September 30, 2009
To: Michigan Department of Human Services
Contract Manager, Office of Child Support
C. Client Grievance System
The 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-13 mutations. Information about the grievance system shall
be petwidee to clients or DHS upon request.
D. Statewide Automated System
The Contractor agrees to use the automated ivfiCSES System for, processing
intra- and inter-state data pursuant to Title F'/-D Standards throughout the life of
this Agreement, and agrees to comply with all MD, OCS and DHS reporting
requimments.
E. )3illinq Method
The Contractor, as a sub-recipient of Federal Financial Assistance, agrees • to
abide by applicable proviskins of the Cost Principles for State arid Local
- Governments issued by the Federal Office of Management and Budget (OMB)
Circular No. A-87. This Circular provides cost principles to be used in determining
the availability of Federal Riimcial Assistance for ChM Support activilies under
The IV-l) of the Social Security Act.
1. The Actual Cost Reimbursement Method shall be used • to claim
reimbursement under this Agreement The Contractor certifies that this
budget has been prepared in accordance with the Budget Completion
Instructions provided by DHS: This document details the amount and object
of expenditures for which the Contractor shall use funds paid under this
Agreement The Contactor is authorized to expend funds only for those
resources indicated in the budget that are allowable, properly allocated and
reasonable as defined in the Budget Completion Instructions. Only actual
costs may be bitted to DHS. The Title IV-D Program Budget Summary is
attached and made a part of this Agreement The The IV-13 Budget and
Application details the amount and object of expenditures for which the
Contractor shall use funds paid under this Agreement The Contractor shall
fellow and adhere to the Budget
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a. However, expendibires up to a five (5)% increase or $3,000,
whichever is greater, above the direct cost fine Rem budget categories
• are pemlissible provided the sum of all expenditures does not exceed
the total amount of the Agreement
2. - The Contractor must subinit a budget revision request and - obtain
written approval from OHS to increase any lime item by more than be (5)%
or $3,000, whichever is less, or decrease fine items in the budget.
a. The written request for OHS' approval must contain sufficient
inbrmation to allow OHS to identify which budget line 'barns are to be
. increased, Watch fine items are to be decreased; the mason for the
change and the prepammatic impact of the budget changes. If the
budget changes stay within the originally approved budget total, the
request shall be submitted as a line item transfer. A request that
increases the originally approved budget shall be submitted as an
amendment
b. A budget revision request will not be accepted leader than six (6)
months after the Agreement effective date. The due-date to submit a
line item transfer request and/or amendment to DHS is ninety (90)
days prior to the end date of the Agreement
c. The person authorized to approve budget revisions is the DHS Office
of Child Support DHS shall provide an initial response to fine item
transfer requests wiliiin 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 tinge benefits provided for contract
employees died 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 slar Non-IV-D employees. Fringe benefits may
Include longevity, vacation, personal leave, holiday, sick leave, medical,
dental, optical, bra insurance, disability insurance, relirement, social security,
workers compensation, and unemployment insurance.
F. Bane Procedure
The Contactor shall submit a monthly 'Tide IV-D Cooperative Reimbursement
Expenditure Report" (Form DHS-286), to DHS detailing pregram-related
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expenditures. The DHS-286 shall Indicate actual expenditures Metered broken
out by category of expense in the performance of this Agreement for the period
being billed. The DHS-285 shall be submitted to DHS within thirty (30) days from
the end of the monthly billing period. For the month of September, DHS-286
reports 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 Contractor
for billings submitted more than 90 days after the end of a billing period.
G. grairtvactment of Incentive Payments to the Corrtractor
All claims for expenditure reirriouraement shall be made in accordance with
Federal regulations implementing Public Law 105-200, 45 CFR Pert 305 and
applicable DHS instructions. To remain eligthie for State and Federal
reimbursement under this Agreement, all Title IV-D Federal incentives received
by the Contractor must be reinvested in the Tele IV-D program, Reinvestment of
incentives must be consistent with 45 CFR Part 305.35; non-IV-D adivilles must
have prior approval by the Director, Office of ChM Support, and DHS. •
H. Sub-rectolent Relationshie
This Agreement constitutes a sub-recipient relationship with DHS. The Conbacter
is required to comply with all Federal regulations that relate be the amounting and
auditing of the Federal award used to fund this Agneement. This includes, but is
not kmited le, compliance with OMB Cimular A-133.
Regulations appricable to funding sources are included In the Catalog of Federal
Domestic Assistance (CFDA). The Federal Program Tide, CFDA number and
Federal Financial Participation (FFP) rate DHS will use for this agreement are:
Federal Program Title CFDA#
Title IV-D ..._ , 93.563 100%
Note: The FFP percentage above refers to the percentage of Federal funding
represented in the reimbursement DHS makes to the Contractor.
However, DHS may change the CFDA number and wl implement any changes
made by the Federal Government to the CFDA number and/or FFP Cafe during
the course of this Agreement. CFDA numbers and FFP rates for this Agreement
shall be posted quarterly on the DelS website. The Contractor is required to check
the website be obtain up to date infonnabo- n regarding the CFDA numbers.
The Contractor shall consult the following webstte address to obtain CFDA
numbers, payments, and other audit information:
telp://www.michigan.gov/dhse0,1 607,7-124-5455 7199 8380—,00.html
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DHS agrees to participate in audit costs related to the audit as described In other
sections of this Agreement
I. Reporfirro Requirements
The Contractor must immediately report to the DHS Audit Liaison accounting
irregulartfies including noncompliance with Agreement provisions.
If the Contractor is required per OMB Circular A-133 to have a Single Audi
performed, the Contractor must submit the Reporting Package and an Audit
Transmittal Letter to the DHS Audit Liaison at the address that follow and in
accordance with the time frame established in the Circular.
Reporting Package includes;
1. Financial statements and schedule of expenditures of Federal awards
2. Summary schedule of prior audit findings
3. Auditors report(s)
4. Corrective Acticwr Plan if applicable
J. Audit Transmittal Letter
The Contractor is responsible to identify in the Audit Transmittal Letter all
organtations it operates that administer OHS sub-recent programs and the
different names the Contractor may use to enter into an Agreement with DHS.
The Contractor is responsible for proper completion and submission of the Audit
Transmittal Letter. This latter, to be accurately processed by OHS, must include
the fofiowing information:
1, The Contractors name as reported in the OHS Agreement(s).
2. The Contractors Federal Identification Number(s) as reported in the DHS
Agreement(s).
3. The 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 Mil
abut an Audit Transmittal Letter stating why a Single Audit was not required
and the Contractors 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) 37343771.
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Mailing address for all infoirriation:
Mgan Department of Human Seances
Audit Liaison .
235 S. Grand Avenue, Suite 11 12
Lansing, MI 48909
Attention: Mem Addison, CPA
If the Contractor is a sub-recipient of D1-1S. but asserts it is riot required to have a
Single Audit performed, the Contractor shall submit an Audit Transmittal Lefler to
tie DI-IS Audit Liaison stating the reason the Single Audit is not required. Failure
by the Contractor to submit the Audit Transmittal Letter shall result in invoking the
same sanctions on the Contractor as failure to submit the Single Audit Report.
K. Au& 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
Buck cost may be charged to this Agreement if the Contractor is not required to
have a Single Audit.
No audit cost may be charged to DHS when audits required by this Agreement
have not been performed or have not been performed in accordance with OMB
Ctroular A-133 requirements. Late submission (as defined in Circular A-133) of
the Single Audit Report andior Audit Transmittal Letter is considered
noncompliance with this section and may be geunds to impose sanctions.
L Sanctions
DHS may impose sanctions if the Contractor fails to adhere to any of the audit
requirements in this Agreement including the Audit Transmittal Letter in this
Agreement In cases of continued inability or unwillingness on the part of the
Contractor to comply with audit requirements, DHS may impcee sanctions such
as:
1. Withholding a percentage of Federal awards until the audit is completed
satisfacbonly.
2. Wilittokfing or disallowing overhead costs.
3. Suspending Federal awards until the audit is conducted.
it. Terminating the Federal award.
5. Recouping all Federal payments made to the Contractor under this or any
other agreements between DHS and The Contractor.
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M. Fiscal Requirements
The Contract( shall instal and maintain an accounting system to identify and
support all expenditures billed to DNS under this Agreement The accounting
system must record all income and expenses for the Contractor's lett program of
Which services provided wider 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 exisenctilares and income must be
supported by vouchers and receipts that detail the reason for the transaction.
The Contactor shall maintain, within the accounting system, salary and fringe
benefits account that break out positions, hospItalization, retirement, workers'
compensation and other fringe benefits. The Canted:sr shall establish and
maintain payroll records for all employees.
II. DHS DUTIES AND RESPONSIBILMES
A. Prooram Administration
DHS, as a recipient of Federal. Financial Assistance, shall administer the The IV-
D program in Michigan, and shall maintain the approved Title [V-C) State Plan
consistent with Federal requirements. DHS shall also distribute program
regulations, forms and instructions to the Contactor through the Friend of the
Court Manual Section 4000, the Friend of the Court Letters, the rOCS IV-D
Combined Manual, the Michigan IV-D Action Transmittals, and the Mi-Support
Website.
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
t 01-IS shall complete its processing of payments to the Contractor within
forty-five (46) calendar days after receipt of the Contractor's monthly OHS-
286, 'Title 1V-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 alter 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 the Contractor for failure to document and provide any
required paper or electronic records, statistics, or reports to OHS as
required by this Agreement or as are required by applicable State statutes
or Federal regulations, provided that such requests are within the capacity
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of the Contractor to obtain. DHS must provide the Contractor with thirty (30)
days notice of such an action as well as the Contractors right to appeal that
decision.
3. Payment of Bench Warrant Funk. DI-IS all pay Bench Warrant Funds to
the Contractor in accordance with Action Transmittal (AT) 2007-036, or Its
successor, and if applicable, the DHS Merrerandum of Understanding pow with the Contactor. in accepting the Bench Warrant Enforcement
Funds (BWEF), the Contactor shall use and account for The funds in
accordance with AT 2007-036, or its succesiors, and its KM with the
• DHS.
C. ,c,orarn Compliance Monitoring and Evaluation
1. DHS shall monitor and evaluate Contractor performance for compliance
with Titia IV-D Standards, all Contractor duties and responalltties, as
iderffied in § I of this Agreement, Contactor Duties and Responsibfies,
-arid all other terms set forth in this Agreement DHS shall provide access to
all Federal reporting. DHS agrees to provide the Contactor with quarterly
performance data no later than thirty (30) business days after the dose of
each quarter.
2, DHS shall conduct an annual self-assessment review to evaluate its KI-D
program to deteimine if Federal requirements are being met and to provide
an annual report to the Secretary of the Department of Heath and Human
Services on the findings: and,
3. DHS' agents will comply with the Contractors information technology
acceptable use policies and guidelines for the county computer system and
protract the confidentiality of the case records. .
D.' • raglog ' Financial Assets
For the purpose of Administration Lien anti Levy of Financial Assets, the DHS
Central Enforcement Unit shall abide by the Central Financial institution Data
Match (FIRM) Business Rules developed by the Slate Court Administrative Office
and OHS.
E. incentive Payments to the Contractor
DHS shall distribute Federal incentive payments to the Contractor in accordance
with Federal regulators implementing Public Law 105-200, 45 CFR Part 305 and
applicable Office of Child Support, DHS procedures.
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F. Maximum Amount of Agreement
1. The total maximum amount DHS agrees to pay the Contractor for services
. performed during this fiscal period of October 1,2006 through September
30, 2009 as defined by the terms of the Agreement is SEVEN MI WON SIX
HUNDRED FOURTEEN THOUSAND FIVE HUNDRED FIFTY FIVE AND
NOM DO DOLLARS ($7,614,555.00),
2. if review of the Contractor's financial records indicates costs are projected to
exceed the current budget, the Contractor is required to submit an
Amendment requesL The due-date for submission of this request is ninety
(90) days prior to the end-date of the Agreement period. DHS shall provide
an inkjet response to budget amendments within thirty (30) days of receipt
Obligations incurred prior to or after the period covered by this Agreement shall
be excluded from the Contractor's triontty invoices.
G. Additional Rmainq
DHS shall notify the Contractor of additional funding availability associated with
this Agreement through a Nofice of Funds Available (NFA), DHS-256. The NFA
shiEdi be signed by DHS and incorporated by reference into this Agreement unless
the Contractor sends written notice of disagreement with the terms specified in
the NFA within fourteen (14) days of its receipt. DHS hereby agrees to pay the
Contractor an amount not to exceed the amount identified in the NFA for activilies
performed under this Agreement exclusively during the period October 1, 2008 to
September 30,2009.
III. GENERAL PROVISIONS
A. DHS' Source of Funds-Termination
DHS' payment of Federal or State funds for purposes of this Agreement is subject
to and conditional upon the avallabity of those funds for such purposes. No
commibnent Is made by DHS to continue or expand activtfies covered by this
Agreement_ Funding for services to be provided beyond the end cite 'dial Slate
fiscal year is dependent on legislatve appropriation.
DHS may terminate this Agreement immediately upon written notice to the
Contractor at any time prior ID the completion of this Agreement if, in the sole
disaelion of DI-IS, funding becomes unavailable for this service or such funds are
restricted.
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B. CM Service Rules and Reoutallons
The State of Michigan is obligated tO comply With Article XI, Section 5, of the
Mi6higan Constitution and applicable Chill Service rules and regulations. Other
prt3visions to this Agreement notwithstanding, the State personnel chrector is
authorized to disapprove contractual disbursements for personal services if the
State personnel director determines that the Agreement violates Article XI,
Section 5 of the Michigan Constitution or applicable Civil Service rules and
regulations.
C. Fees and Other Sources of Fieefmq
The Contractor may not submit a claim for any service under this Agreement if
the same service has been reimbursed in whole or mpart with funds under
another piogram_ 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 from 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 OHS. The Contractor shall also comply
with all meaning procedures established by DEIS In completion of progress
reports at time intervals, on fours, 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 OHS. in all electronic filings, four (4) digits shall be
used to designate century. Any additional reports deemed necessary by DEIS as
may be required to comply with Federal and/or Slate law or regulation shall be
node and submitted by the Contactor upon request •
E. Examination and Maintenance of Records
The Contactor shall permft DHS or any of its authorized 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
Contracbor's post. 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. DHS shall provide findings and recommendations of audits to
the Contractor. DHS shall adjust future payments or final payment if the findings
of an audit indicate over or under payment to the Contractor in any period prior to
the audit. if no payments are due and owing the Contractor, the Contractor shall
refund all amounts which may be due DHS within sixty (60) days notice by OHS.
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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 DHS when and if the Contractor operations cease during
the sb: (6) year period after final payments and provide for appropriate storage of
records at the Contractor's expense.
The Contactor shall, as a prevision of the Agreement between the Contractor
and the auditor, assure that the DHS may make reasonable inquiries of the
auditor relating to audit worlqoapers and, furthermore, that the DHS may review
the auditor's workpapers in support °Me 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 prMeges 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 CM 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 deried the benefits of, or be subjected to discrimination under any program or
activity receiving Federal Financial Assistance. Further, the Contactor shall
comply with the Americans with Disabilities Act of 1990 (ADA), Pl. 101-336,104
Stat. 327, which prohibits discriminalion against individuals With disabilities and
provides enforcement standards. The Contractor shall Damply with all other
Federal, State or local laws, regulations and standards, and any amendments
thereto, as they may apply to the perfomiance of this Contract Agreement
G. Criminal Background Check
As a condition of this Agreement, the Contractor certifies that, prior in hiring, the
Contactor shall conduct or cause to be Conducted:
1. For each applicant for employment, who works directly with dents under
this Agreement, or who has access to client information, an Internet
Criminal History ACCOSS Tool (ICHAT) check.
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2. For each applicant for employment, who works directly with children under
this Agreement, a Central Registry (CR) check.
The Contactor further certifies that the Contactor shall develop and submit a
plan to DHS/OCS no later Men September 30, 2009 describing a process and
tirrefine for completion of the IGHAT and CR background checks for all (Wang
employees, subcontractors, subcontractor employees, or volunteers. The plan
shall include the Contractor's mitten policy describing the criteria on which Its
deteminaficins- shall be made upon receipt of a positive !CHAT or CR response
record. The Contractors may consider the amount of time that has elapsed since
the crime and type of crime when making this determination. The plan shall
Include the Contractor's plan for implementation of this provision for unionized
staff if applicable.
Information about 1CHAT can be found at htte -Napos.michipan.eov/ichat
H. Publication - Approval and Copyrioht
The State of Michigan shall have copyright, property and publication rights in all
written or visual material or other work products funded under 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 Contracbor 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 pert
with State of Vachigan funds, the Contactor 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
I. Confiderdiality .
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 and when not
prohibited by law. In all cases, use or disclosure of confidential information shall
only be allowed when that use or disclosure is in compliance with Federal and
Slate laws, including HIPAA, Rules and Regtgations, Court Orders and
Subpoenas, or subpoenas issued by a grand jury. Such disclosures must
conform to all Slate and Federal confidentiality provisions. Confidentiality
provisions related to casework activities, family situations and issues, family
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FISCAL YEAR 2009 1111111111=111111111111•1111.111
Illichigan Depadment of Pitman Services
FISCAL YrsAR (FY) 2009
TITLE IV-13 COOPERATIVE REIMBURSEMENT PROGRAM APPLICATION and WORKSHEETS
BUDGET SUMMARY PAGE
A. CONTRACT DESCRIPTION
COUNTYL_OAKIAND__ CONMACT NO. CS/FOC 09-68001
PROVIDER: POC_X_____ PA AG COMB
ATTACHMENT E
•—
COLUMN I COLUMN 8 COLUMN III .
PROPOSER PROVIDER'S
SECTION B. . 2009 TOTAL
ALLOCATION FACTORS TV-D BUDGET E.IGIBLE sumer •
1. FTE POSMONS (rOC,PA,COMB) 120.95 149.50
A- Enkiroement (FOC 8fOR COMB) . 120.96 124.09
B. Eslebilshment (PA 81/0F1 *-1 - -
2. 'A OF TOTAL PTE'S (W-D Al1oce5;in 4amor) 80.91%
A. Ent moment (FCC &OR COMB) 50.91%
5. Eatabistiment - A MDR COMB
U. CASELOAD % I Comb 97.48%
PROPOSED PROVIDER'S
SECTION C. afflii TOTAL
BUDGET CATEGORIES IV-D BUDGET ELIGIBLE BUDGET .
1. Personnel $ 10.618.818 $ 1 434.919
2. Dale Prceossin; $ 1.027.033 $ 1262.352
3. Other Direct $ 7232113 S 980,376
- 4. Central Services $ 811,527 $ 1,003,000
diie.:k.ulailMIUNGIAVA1.0 fl: EirMill $ -
S. Total Expense $ - 13.250,596 $ 16,687.647
7. Service Fees • C & COMB Oft j 6 -
6..i . & COMB e 56.051 5 57.600
B. Other Income descrbe $ 64,142 $ 85.578
10. Net Expense (Line 6 Trdnus 7-9) $ 12,110,396 $ 16,531,469
11.1nceefte - $ 1.512,192 .
m NET BUDGET (Line 10 minus Una 11) $ 11,537,204
13, Slate Share 0 SS% if Una 12 . .
141 Cau Share 0 34% at Urle 12 S ,922_649
15. State Share same as Line 13
16. DRA Incentive Match.
17. SECT. 925 - t .
18. SECT 906 Supplement
19, TOTAL CONTRACT AMOUNT
(Sum Lines 16-18) 7,614,555
AT 2008-030 Attachment E C-11
demographics and any other information that shares case specific details must be
stitctly observed and may not be disseminated in any way except as specified
above.
Unauthorized use or disclosure of confidential information is a violation of this
Agreement and may also be subject to criminal penally pursuant to Federal and
State statutes and regulations as they may apply.
j. Fixed Assets
MIS reserves the right to obtain or transfer tie to all fixed assets, real or
personal, included in the approved budget of this Agreement and billed in full or in
part to DHS by the Contractor and not fully utilized at the conclusion of the
Agreement Feed asset costs billed to DHS shall be limited to straight-line
depredation or use charge pre-approved by OHS and shall be used only , for the
performance of. this Agreement unless another use is authorized in writing by
OHS. OHS 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 OHS portion of the residual value refunded to OHS upon
expiration of this Agreement, in Its original condition, reasonable wear and tear
excepted.
At least sixty (60) days prior to the end of this Agreement (which includes
cancellation of the Agreement), the Contactor shall report to OHS the book value
of all fixed assets and non-consumables purchased with OHS funds and request
written instructions regarding the disposal of these fixed assets and consumable
and/or non-consumable supplies that have been aosuired with funds under this
Agreement. Any gain on the sale or disposition of fixed assets before completion
of the Agreement must be immediately reported and refunded in DHS.
No disposal, sale or transfer of fixed assets obtained under this Agreement in
whole or part, may occur without the express written consent of OHS.
K. Subcontracts
The Contractor shall not assign this Agreement or subcontract this Agreement to
other parties without obtaining prior written approval of the DHS Division of
Contents and Rate Setting. OHS, as a condition of granting such approval, shall
respire 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 appficable. 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 confoirr- lance with State and
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Federal requirements. At OHS' request any employee of the Contractor and at
any Subcontractor having access or continued access to the OHS' confidential
Information may be required to execute an acknowledgement that the employee
has been advised of the Contractor's and the Suboantractoris obligations under
this secfion 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 of disciosure.
L Cancellation of Actreernent
DHS may cancel this Agreement upon thirty (30) days written notice If OHS
determines that the Contractor, its agent, or its representative has offered or given
a gnatuity, kickback, money, gift, or anything of value to an officer, official or
employee of the State to obtain an Agreement or favorable treatment ender an
Agreement 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, OHS may cancel the Agreement without further
fiability 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 OHS at any time
prior to the completion of the Agreement period.
In case of defautt by the Contractor, the OHS may immediately cancel the
Agreement without further itabrity to OHS or its employees, and procure the
services from other spurges.
The -Contractor, by signing this Agreement, certifies to the best of hisiher
knowledge that no funds or other ttemsfservices of value have been given to any
*Slate officer, official, or employee for influencing or attempting to influence such
officer, official, or employee to obtain a Agreement or favorable treatment under
this Agreement.
M. Stop Work Orders
OHS may, at any time, by written slop work order to the Contractor, require that
the Contractor stop all, or any part, of the work called for by the Agreement for a
period of up to ninety (90) calendar days after the stop work order is delivered to
the Contractor, and for any further period to which the parties may agree. The
stop work order shall be specifically identified as such and shall Indicate that it is
issued under this section of the Agreement Upon receipt of the stop work order,
the Contractor shall inkriediatety comply with its terms and take all reasonable
CM-F1 62 (Roy. 8-011) Provlour3 action obsokote_ MS Woni
steps to minimize the incurrence of costs allocable to the *work covered by the
stop work order during the period of work stoppage.
If a stop.work order Issued under this section of the Agreement is canceled or the
period of the stop work order or any extension thereof *Wes, the Contractor
shall resume work. The parties shall agree upon an equitable adjustment in the
services to be delivered, the Agreement price, or both, and the Agreement shall
be modified, in writing, accontrigly, if. (a) the stop work order results in an
increase in the time required for, or In the Contractors cost properly allocable to
the performance of any part of this Agreement and (b) the Contractor asserts its
right to an equitable adjustment Within thirty (30) calendar days after the end of
the period of work stoppage, provided that, if DHS decides the facts justify the
action, DI-IS may receive and act upon a Contractor Wing submitted at any time
before trial payment under the Agreement.
Where Contractor performance is statutorily required, or where the work may not
be suspended because of other reasons of law or regulation, a stop vvork order
means that no payment pursuant to this Agreement shall be made to the
Contractor for the work performed while the stop order is in effect unless funds
are specifically appropriated, and become available to OHS speacally for
payment of the work performed under this Agreement wide the stop work order is
in effect.
N. Closeout
When this Agreement is concluded or terminated, the Contacter shall provide the
OHS, within thirty (30) days of conclusion or termination, with all imam:lel,
performance and other reports required as a ooreition of the Agreement The
DHS shall within the knit of this Agreement reimburse the Contractor for
allowable costs not previously reimbursed. The Contractor shaN immediately
refund to EMS any payments or funds advanced to the Contractor in excess of
allowable reimbursable expenditures.
C. Continuing Respondoirdies
Termination, conclusion, or cancellation of this Agreement shall not be consirued
es.tenninaling the ongoing responsibilities of the Contractor or rights of the DHS
contained in Section lit, E, wEramination and Mairrbsnance of Records' and
Section III, N, "Closeout" of this Agreement.
P. DIMMING
The Contractor shall notify the DHS in writing of intent to pursue a 'claim against
the DI-IS 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
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CM-F162 (ier. 8-06) Prelim's 'radon obsoide. MS Word
(90) days from the date of such notriication. Within this ninety (90) day Period, the
Contractor, at the request of the OHS, must meet with the Director of the OHS or
designee for the purpose of attempting resolution of the dispute.
Q. Aonaeinent Inclusiveness/Amendment - -
This Agreement contains all the twins 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
ContrEictor shell, upon request by the OHS and receipt of a proposed
amendment, amend this Agreement, if and when required in the opinion of the
OHS, due to the revision of Federal or State taws 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.
'Monitorino Requirements
OHS 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 three (3) years alter termination of the Agreement. The
Contractor shall cooperate with the DHS during the monitoring process by making
available all records, faolities, and other resources necessary to perforrn the
review.
If OHS 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 confen3nce. OHS shall provide the Cordractor with a detailed
written report of these findings within sbdy (60) days of the exit conference. The
Contractor is required to address each item in DI-IS' report by providing a
Corrective Action Plan (CAP) to eliminate or correct each issue of
noncompliance. The Contractor shall submit the CAP to DHS within sixty (60)
days from issuance of OHS' report
If DHS identifies questioned costs that !cannot be substantiated, OHS may, at its
discretion, and after consuitation with the Contractor, require the Contractor to
submit a revised Dl-IS-286 , IV-D Cooperative Reimbursement Actual
Expenditure Report" to reflect arAusiment for disallowed costs. Submission of
revised billings to OHS shall be made within a time schedule established by DE-IS
and the Contractor, if the contractor falls 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 &allowed costs and/or
cancellation of the Agreements.
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S. Certifications Regarding LobbvilA
-
As required by section 1352, Title 31 of the U.S. Code, and implemented at 23
CFR Part 89, for persons entering into a grant or 000perative agreement over
$100,000, as defined at 23 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 any department, 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 modifroation of any Federal grant or cooperative
agreement
2. tf 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, tie undersigned shalt complete
and submit Standard form LLL, 'Disclosure of Lobbying Activities," in
accordance with its instnictions.
3. The undersigned shall require that the language of ttis certification be
included in the award documents for all sub-awards at all tiers (including
sub-grants, agreements under grants and cooperative agreements, and
subcontiacts) and that all sub-recipients shall codify and disclose
accordingly.
T. Recoupment of Funding
If the Contractor fails to comply with rnonitoring requirements as set forth in this
Agreement, or fails to submit a revised DHS-2136, 'Title 1V-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 [fl-IS has determined that the Contractor has been overpaid.
The Contracbor is liable for any cost imposed on DHS by the Federal government
in the recoupment of any funding,
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 Contrador.
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If the Contractor falls to: (1) COTTEd noncompliance activities identified by DHS, (2)
submit revised bilincp as requested as part of a Corrective Acton Plan when
requred; 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 OHS' Agreements
with the Contactor. DHS shall also niport noncompliance of the Contractor to
Mithigan's Department of Management and Budget. Such a report may result in
the Contractor's debarrnent from further Agreements with the State of Mchigan.
U. Com:thence with Federal and State Requirements
The Contractor shall comply with all Federal, State and 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, ortfinancies,
rules, regulations, orders, and decrees of banes or tribunals having any
juriedictioniauthority that in any manner affecti 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
The Contractor and OHS will abide by all of the requirements of the Freedom of
Information Act. 1976 Public Act No. 442, as amended, MCL 15231, et seq. •
W. Usina Funds to Surwt ious Adiv
The Contractor shall not use financial funds administered by the State or Federal
government to support inherently religious activities, such as worship, reHg(ous
instruction, or proselytipion. if the Contactor engages in such activities, it must
. offer them separately, In tirne or location, from the programs or services funded
with State or Federal assistance, and participation must be voluntary for the
beneficiaries of the State or Federally funded programs or services.
The Contractor shall follow guidefines in 42 USC 604a.
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K auzuswatagambsst&a Concern Statement
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 Audit Liaison within ten (10) days from the date of the audit report. The
submission of this audit evert to 01-15 is required regardless of whether an audit
is required under this Agreement
A Contractor receiving a Going Concern must submit a financial plan to the OHS
Audit Liaison no later than twenty-five (25) days from the date of the audit report
issued by the audit firm. The financial plan must be approved by OHS. Failure of
the Contractor to either time submit the audit report with the Going Concern, or •
timely submit a financial plan, or 13Ha' rejection of the Contractors financial plan,
are grounds for immediately terminating the Agreement
Mailing address for all audit information:
Michigan Department of Human Services
Audit Liaison
235.S. Grand Ave., Suite 1112
Lansing, Ml 48909
Attention: William Addison, CPA
• Y. pemvment of Debts and Other Amounts Due DHS
- By entering into this Agreement, the Contractor agrees to honor all prior
repayment agreements established by OHS with the Contractor or Contractors
predecessors. if the Contractor has an outstanding debt due to 01-IS but does not
have a repayment agreement the Contractor agrees to make monthly payments
to OHS at an amount not less than five (5)% of any outstanding balance and to
begin on the date this Agreement is executed.
•
if the Contractor falls to honor prior repayment agreements, or the Contractor fails
to begin repayment on an obligation due OHS that is not subject tea repayment
agreement, DHS will initiate the administrative process to 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 live (5)% of any outstanding balance effective on the
date this Agreement is executed. -
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IN WITNESS WHEREOF, the DHS and the Contractor have caused this Agreement ID be
executed by their respective officers duly authorized to do so.
The Undersigned has the lawful authority to bind the Contactor to the terms set forth in This
Agreement
•
Dated at ,Michigan 6th Circuit Court
(Enter Court Identification)
This • day of , 2008 BY:
Chief Circuit Judge •
Witness:, .
(Mint Name)
Dated at , Michigan The County of Oakland
(Contactor)
This day of .2008 By:
Chairperson, County Board of Commissioners
Witless:
(Print Name)
Dated at , Michigan Department of Human Services
this day of , 2008 BY:
Director or Designee
Witness:
Contract #: CSFOC-09-63001
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FY 2009
($ 56,286)
$ 56,286
0
FISCAL NOTE , _ October 2, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: CIRCUIT COURT/FRIEND OF THE COURT - FISCAL YEAR 2009 COOPERATIVE
REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Michigan Department of Human Services, Office of Child Support
has awarded the FY 2005 Title IV Cooperative Reimbursement Program
(CRP) Contract to the Oakland County Friend of the Court, for the
period of October 1, 2008 through September 30, 2009.
2. The grant provides Title IV-D funding to continue the Friend of the
Court/Cooperative Reimbursement Program in the amount of
$13,250,596 of which $140,200 will be funded by fees collected and
$1,573,192 will be funded by Federal Incentive Payments; the
remaining $11,537,204 will be funded by the State in the amount of
$7,614,555 (66%) and Oakland County grant match of $3,922,649
(34%).
3. The total FY 2009 Friend of the Court fund (27100) expenditure
budget is $16,654,853. This will be funded by the following
sources: CRP Grant State funds of $7,614,555, Oakland County
General Fund CRP Grant Match of $3,922,649, Federal Incentive Funds
of $2,573,192, Charges for Services of $1,055,428, and Oakland
County General Fund additional transfer to balance FOC fund of
$1,489,025.
4. The total estimated FY 2009 general fund obligation to the Friend
of the Court Fund is $5,411,678 of which $3,922,649 is the CRP
Grant Match and $1,489,029 is the General Fund additional transfer
to balance the FOC fund.
5. The FY 2009 Adopted budget estimated the CRP contract revenue to be
$7,670,841. The grant awarded $7,614,555 in CRP revenue, resulting
in a $56,286 variance. An amendment is recommended to the FY 2009
Adopted budget.
6. A budget amendment is recommended to appropriate the grant match
funds and the General Fund additional match to balance to the
Circuit Court Family Division's transfer out line item and to
adjust the FY 2009 Friend of the Court Budget to the CRP contract
as follows:
General Fund 10100 FY 2009
Expenditures
9090101-196030-730800 Non-Dept. - Grant Match ($5,411,678)
3010401-121100-788001-27100 Cir. Ct. - Oper. Trans Out $5,411,678
0
Friend of the Court Fund 27100
Revenue
3010404-126030-630434 CRP Contract
3010404-126030-695500-10100 Transfer In
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Rogers absent.
Resolution #08212 October 2, 2008
J 4.A
Moved by Rogers supported by Gershenson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coulter, Crawford, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard, (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying repurLi beilig accepted).
I HEREBY APPROVE THE FOREGOING RESOLIMON
ACTING PURSUANT TO 1973 PA 139
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 October
2, 2008, 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 2nd day of October. 2008.
eie
Ruth Johnson, County Clerk