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HomeMy WebLinkAboutResolutions - 2009.09.24 - 9989September 24, 2009 REPORT MR #09229 BY: Human Resources Committee, Sue Ann Douglas, Chairperson RE: CIRCUIT COURT/FAMILY/FRIEND OF THE COURT FY 2010 THROUGH FY 2012 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on September 16, 2009 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE Human Resources Committee Vote: Motion carried unanimously on a roll call vote with Gingell absent September 24, 2009 MISCELLANEOUS RESOLUTION 109229 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER. CHAIRPERSON IN RE: CIRCUIT COURT/FAMILY/FRIEND OF THE COURT — FY 2010 THROUGH FY 2012 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 2010 Title IV-D Cooperative Reimbursement Program (CRP) Contract: and WHEREAS this agreement is for three years beginning October 1. 2009 through September 30, 2012. The agreement shall be amencied each fiscal year beginning October 1 2010 througn September 30, 2012 to authorize funding for subsequent tscal years covered by the agreement: and WHEREAS the Cooperative Reimbursement Program partially reimburses all Friend of the Court positions; and WHEREAS the Friend of the Court in FY 2009 began charging a portion of the FOC Family Counselors- personnel costs to the Cooperative Reimbursement Program; and WHEREAS during the FY 2009 Budget Process one (1) SR Friend of Court Referee position 3010404-00758. one (1) SR Friend of the Court Case Assistant position 3010404-02547. one (1) SR Domestic Support Specialist position 3010404-01503 and one (1) SR Friend of the Court Family Counselor posAion 3010404-03320 were approved for deletion, effective October 1, 2009: ano WHEREAS The FY 2010 County Executive Recommended FOC Budget includes the deletion o' one (1) SR Office Assistant II position 3010404-06434 effective October 1, 2009; and WHEREAS per MR 08179 three (3) PTNE College Interns were transferred into the Friend of the Court fund The position numbers are 3010404-10691, 3010404-10692 and 3010404-10718; and WHEREAS this agreement requires a grant cash matcn. The match is budgeted in tie General Fund Non-departmental budget; and WHEREAS acceptance of this contract does not obligate the County to any future commitment beyond FY 2012; and WHEREAS the contract has been approved by the County Executive's Review Process and The Board of Commissioner's Grant Acceptance Procedures. WHEREAS the Michigan Department of Human Services. Office of Child Support nas awarded Oakland County's Friend of the Court grant funding of $13,411.769 of which $8,851,768 will be reimbursed from the State of Michigan and the remaining $4,560,001 is designated in ron-departmental grant match for the period of October 1, 2009 through September 30, 2010_ NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts tie Michigan Department of Human Service's Cooperative Reimbursement Program Agreement effective October 1.2309 through September 30, 2012. BE IT FURTHER RESOLVED that the agreement shall be amended each fiscal year beginning Octooer 1. 2010 and through September 30, 2012. to authorize funding for subsequent fiscal years covered by the Department of Human Service's Cooperative Reimbursement Program Agreement. 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 ;5 authorized to execute this reimbursernert agreement and to approve amendments and extensions up to fifteen (15%) percent variance from the award. consistent with the dyreineril db 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 unanimously on a roll cal vote with Runestad absent GRANT REVIEW SIGN OFF — Friend of the Court GRANT NAME: FY 2010 Cooperative Reimbursement Program (CRP) FUNDDIG AGENCY: Michigan Office of Child Support DEPARTMENT CONTACT PERSON: Suzanne Hollyer 858-0431 STATUS: Grant Acceptance DATE': August 27, 2009 Pursuant to Misc. Resolutioia Al1320, 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 agreenient/contract, Finance Committee Fiscal Note, and this Sip 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 REVEEW Department of Management and Budget; Approved, — Laurie Van Pelt (8124/2009) Department of Human Resources: Approved. — Cathy Shallal (8/24/2009) Risk Management and Safety: Approved, - Andrea Plotkowski (8/24/2009) Corporation Counsel: After reviewing this grant contact, there appear to be no unresolved legal issues that require action at this time, — Karen Azacinski (8/26/2009) COMPLIANCE The grant agreement- referaices a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant_ Social Security — Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services — Child Support and Establishment of Paternity (42 U.S.C. Chapter 7, Subchapter fV, Fart I)) hrtp://uscode.ho usn.govidownioad pis/42C7.txt Title TV-I) of the Social Security Art hrtp://www.ssa.Rovi0P_Homesswetit1e04/0400.btm Department of Health and Human Service Office of Child Support Enforcement, Administration for Children and Families (45 CFR Part 300 — 399) http://wiAlx.acces.12:po yin anicfriwak;idx 05/4 5 cfrv2_05.html Department of Health and Haman Services Uniform Administrative Requirements for Grants and Cooperative Agreements to State. Local and Tribal Governments (45 CFR Part 92) http://waccesg z).D.zovinarakfriwaisidx 05/45cfr92 05.html Department of Health and Haman Services General Administration — Grant Programs (45 CFR Pail 95) htT://www.access g.no.gnvinaralcfi'waisidx 0545cfr95 05,html Michigan Department of Human Services — Division of Contracts and Rate Setting Child Support — Friend of the Court - FOC Contract (CM-F162) - Actual Cost Cover Sheet Contractor Name: Contrast #. Oakland Friend of the Court CSFOC-10-63001 Total Contract Amount: Net Budget Amount: $ 8,851,768.00 $ 13,411,769.00 Total Contact Amount - (spelled out) Eicrht million, eight hundred fifty-one thousand, seven hundred sixty-eight CS-138#: Coturnrxlity Code: NiTVENDOR FTR- 1002 County Name(s): Circuit Court Name: Oakland 6th Fed. i.D. #: Legal Mail Code: Payment Mail Cooe: 38-6004876 200 200 Contractor Address: Address: City/State/Zip: 230 Elizabeth Lake Pd, PO Box 436012 Pontiac MI 48343 Contractor FY begin date (dayirronth). 1 day of month January month of year Org. Type: El Private. Non-profit ri Private, Proprietary F] Public E Un]versity Audit Status; • Vendor 0 No Federal Funds Faith Based. 6,. Sub-recipient If checkee. record CFDA numbers(s) beiow ,93.5 63 0 Yes No Contractor is a State employee . Contactor is a State retired employee: •Yes VNo IYes No Award Status: 1-1 Bid M Sole Source 0 Fair Market Rate Payment Type: [5] Actual Cost FT Unit Rate • Fair Market Rate Index Code_ PCA and percentage . AOC: 50700 83202/100% 6155 Contract Administrator: Phone Number: Kathy Swartout 5172415056 The contract administrator by submission of this document assures no changes have been made to the contract General Provisions as stated in Article Ill of standard D1-1S contract format. Z.-3,1-F152 (Rev. 7-09) Previous edition obsolete. MS Word Contract No: Total Contract Amount: Net Budget Amount: County: Method of Payment: CSFOC10-63001 $8,851,768.00 $13,411,769.00 Oakland Actual Cost AGREEMENT between Michigan Department of Human Services (hereinafter referred to as OHS) 235 South Grand Avenue P.O. Box 30037 Lansing, Michigan 48909 & The County of Oakland (hereinafter referred to as the "Contractor") 230 Elizabeth Lake Rd, PO Box 436012 Pontiac IV 48343 This Agreement, effective October 1, 2009 through September 30, 2012, is by and between DHS, the County of Oakland, a public organization and the 6th Circuit Court (together referred to as the "Contractor). This Agreement shall be amended each fiscal year period beginning October 1, 2010 and through September 30, 2012, to authorize funding for subsequent fiscal year periods covered by this Agreement. I. CONTRACTOR DUTIES AND RESPONSIBILITIES The Contractor shall enforce and seek modification of support orders, over which it has jurisdiction. The Contractor shall comply with all requirements of the following (hereinafter referred to as "Title IV-Standards") that relate to enforcing support orders (and any amendments to the following): U.S. Code Title 42, Chapter 7, subchapter IV, Part D, all applicable Federal regulations at 45 CFR Part 300 to 399, 45 CFR Part 92, 45 CFR Part 95, statutes court rules, the Michigan Friend of the Court Manual Section 4000, the Friend of the Court Letters, the Michigan Department of Human Services Office of Child Support (hereinafter referred to as OCS) IV-D combined Manual and the Michigan IV-D Action Transmittals and any OHS issued policies and procedures. The contractor agrees to use the automated Michigan Child Support Enforcement System (hereinafter referred to as MiCSES Sytem). A. Enforcement Services The Contractor shall: 1. Make IV-D services available to all eligible persons. 2. Maintain records and provide collection services. -1- GM-F162 (Rev 7-09) Prevtous edition obsolete MS Word 3. Enforce support obligations as defined in MCLA 552.501. Use all appropriate procedures including but not limited to: a. Wage or Income Withholding b. State Tax Offset c. Federal Tax Offset d, Withholding of Unemployment Compensation Benefits e. Imposing Liens f, Posting Security, Bond or Guarantee for Overdue Support g. Informing the Consumer Reporting Agency h. License Suspension i. Medical Support j. Contempt Proceedings k. Interstate Enforcement Action I. Financial Institution Data Match m. Denying or Revoking Passports 4. Review and modify support orders using the "Michigan Child Support Formula Manual". 5. Initiate locating action when necessary. 6. Cooperate with other States for enforcement of child support orders. 7. Maintain the following administrative processes: a. Fiscal Policies and Accountability b. Bonding of Employees c. Separation of Cash Handling and Accounting Functions d. Safeguarding of Information e. Records Maintenance 8. Receive, account for, and process voluntary 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 (FIDM) Business Rules. -2- CM-F6,2 (Rev. 1-09) revic...us edition obso;ete MS Word 11. Use Bench Warrant Funds in accordance with Action Transmittal (AT) 2007-036, or its successors, and if applicable the DHS Memorandum of Understanding (MOU) with the Contractor. B. Reports, The Contractor shall prepare, complete and submit the following reports in the cycles indicated, to the units named. 1. Form: DHS-286 - Title IV-D Cooperative Reimbursement Expenditure Report, including the following supporting documentation; Personal Expense Report and the FPRO Caseload Report run within thirty (30) days after the month of service. Cycle: Due by the thirtieth (30th) day after month of service To: Michigan Department of Human Services Contract Manager, Office of Child Support 2. Form: DHS-820 - Support Collection Refund/Reimbursement Request for incorrect foster care disbursements. Cycle: As needed in accordance with MFOC Section 4000, Chapter 650. To: Michigan Department of Human Services Reconciliation and Recoupment Section P.O. Box 30025, Lansing, MI 48909 3. Form: DHS-820 - 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 correction 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 annually by April 30 To: Michigan Department of Human Services Contract Manager, Office of Child Support -3- CM-F162 (Rev. 7-09) Previous edition obsolete MS Word 6. Form: Criminal Background Check Plan Cycle: Due annually by July 30 To: Michigan Department of Human Services Contract Manager, Office of Child Support 7. Form: Bench Warrant Report Cycle: Due annually by November 30 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-D regulations. Information about the grievance system shall be provided to clients or DHS upon request. D. Billing Method The Contractor, as a sub-recipient 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 (OMB) 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 U. S. Code Title 42, Chapter 7, Subchapter IV, Part D. 1. The Actual Cost Reimbursement Method shall be used to claim reimbursement under this Agreement. The Contractor certifies that the Title IV-D Program Budget Summary for the current fiscal year period that is attached and made part of this Agreement has been prepared in accordance with the Budget Completion Instructions provided by DHS. Title IV-D Program Budget Summaries subsequently submitted and approved for each fiscal year covered under this Agreement shall be attached and made part of this Agreement. The Title-IV-D Program Budget Summary for the current fiscal year details the amount and object of expenditures for which the Contractor shall use funds paid under this Agreement. The Contractor is authorized to expend funds only for those resources indicated in the Title IV- D Program Budget Summary for the current fiscal year that are allowable, properly allocated and reasonable as defined in the Budget Completion Instructions. Only actual costs may be billed to DHS. The Contractor shall follow and adhere to the Budget. -4- CM-F62 :Rev 7-0/ Previous edition obsolete. MS WorU a. However, expenditures up to a five (5)% increase or $3,000, whichever is less, above the direct cost line item budget categories are pemnissible provided the sum of all expenditures does not exceed the total amount of the Agreement, 2. The Contractor must submit a budget revision request and obtain prior written approval from OHS to increase any lime item by more than five (5)% or $3,000, whichever is less, or decrease line items in the budget. The increase or decrease of line items in the budget must stay within the originally approved fiscal year budget total. Budget revision requests must be submitted in accordance with Michigan IV-D Action Transmittal 2008- 027 or its successors. a. The written request for DHS' approval must contain sufficient information to allow OHS to identify which budget line items are to be increased, which line items are to be decreased; the reason for the change and the programmatic impact of the budget changes. 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 as described under Section II.F. of this Agreement. b. A line item transfer 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 DHS is ninety (90) days prior to the end date of the Agreement. c. The DHS Office of Child Support is authorized to approve line item transfers. OHS shall provide an initial response to line item transfer requests within thirty (30) days of receipt. 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. If any staff funded in part or whole by IV-D funds do not work full-time on N- D matters, detailed time-records in the form of personal activity reports (PAR) for such employees are required to document the amount of time spent on reimbursable activities. -5- CM-F12 (Rev. 7-09) Previous edition obsolete. MS Word E. Billing Procedure The Contractor shall submit monthly to DHS, a DHS 286 'Title IV-D Cooperative Reimbursement Expenditure Report" detailing program-related expenditures. 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 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 sixty (60) days after the end of a billing period. F. 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 used to fund this Agreement. 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 Federal Program Title, CFDA number and Federal Financial Participation (FFP) rate DHS will use for this agreement are: Federal Program Title Title IV-D DHS-286 Reimbursement Title IV-D Incentive Payment CFDA# FFP% 93.563 100% 93.563 100% Note: The Federal Program "TITLE IV-D, DHS-286 Reimbursement" refers to the DHS reimbursement of amounts billed to DHS on the DHS-286. DI-IS reimburses 66% of the amounts billed. The entire amount reimbursed is federal funding. therefore, the above table uses 100%. The Federal Program "TITLE IV-D, Incentive Payment" is 100% federal funding. DI-IS may change the CFDA number and will implement any changes made by the Federal Government to the CFDA number and/or FFP rate during the course of this Agreement. CFDA numbers and FFP rates for this Agreement shall be posted quarterly on the DIAS website. The Contractor is required to check the website to obtain up to date information regarding the CFDA numbers. The Contractor shall 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 Agreement. -6- CM-F102 f,P.ev 7-09) Previous edition obsolete. MS Word G. Reportino Requirements The Contractor must immediately report to the DNS Office of Monitoring and Internal Control accounting irregularities including noncompliance with Agreement 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 OHS Office of Monitoring and Internal Control at the address that follows and in accordance with the time frame established in the Circular. Reporting Package includes: 1. Financial statements and schedule of expenditures of Federal awards 2. Summary schedule of prior audit findings 3. Auditor's report(s) 4. Corrective Action Plan if applicable H. Audit Transmittal Letter The Contractor is responsible to identify in the Audit Transmittal Letter all organizations it operates that administer OHS sub-recipient programs and the different names the Contractor may use to enter into an Agreement with DNS. The Contractor is responsible for proper completion and submission of the Audit Transmittal Letter. This letter, to be accurately processed by OHS, must include the following information: 1. The Contractor's name as reported in the OHS Agreement(s). 2. The Contractor's 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 still submit an Audit Transmittal Letter stating why a Single Audit was not required and the Contractor's fiscal year to which the letter pertains. 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. -7- CM-F162 (Rev 7-09) Previous edition obsolete MS Word Mailing address for all information: Michigan Department of Human Services Office of Monitoring and Internal Control Grand Tower, Suite 1112 P.O. Box 30037 Lansing, MI 48909 Attention: William Addison, CPA If the Contractor is a sub-recipient of OHS, but asserts it is not required to have a Single Audit performed, the Contractor shall submit an Audit Transmittal Letter to the OHS Office of Monitoring and Internal Control 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. 1. 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 OHS 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 (as defined in Circular A-133) of the Single Audit Report and/or Audit Transmittal Letter is considered noncompliance with this section and may be grounds to impose sanctions. J. Sanctions 01-IS may impose sanctions d 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, OHS may impose sanctions such as: 1. Withholding a percentage of Federal awards until the audit is completed satisfactorily. 2. Withholding or disallowing overhead costs, 3. Suspending Federal awards 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 DHS and The Contractor. -8- CM-F 162 Rev. /-09) Previous edition obsolete. MS Wcid K. Fiscal Requirements The Contractor shall install and maintain an accounting system to identify and support all expenditures billed to DHS under this 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, w:thin the accounting system, salary and fringe benefits accounts that break out positions, hospitalization, retirement, workers' compensation and other fringe benefits. The Contractor shall establish and maintain payroll records for all employees. L. Criminal Bad<around Check As a condition 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 directly with clients under this Agreement, or who has access to client information, either an Internet Criminal History Access Tool (ICHAT) check, or an alternative background check approved in writing by OCS that would be more in depth or comprehensive than that provided by 1CHT. Information about ICHAT can be found at htto://apps.michician.qovlichat OCS will consider a written request from the Contractor for approval to use an alternative criminal background checks methodology. Requests must be submitted and approved prior to implementation and must include detailed description of the method and rationale for why it meets or exceeds the end product provided by CHAT. 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 plan, that was required to be submitted to DHS/OCS no later than September 30, 2009, which describes a process and timeline for completion of the 1CHAT and CR background checks for all existing employees, subcontractors, subcontractor employees, or volunteers, shall be implemented as required. The Contractor shall report the progress related to each task outlined in the plan no later than July 30 of each contract year. until such time as the Contractor provides notification in its report that the plan has been fully implemented. -9- CM-FiC2 (Rev. 7-09) Prev(ous edition obsonete MS Word II. PHS DUTIES AND RESPONSIBILITIES A. Program Administration OHS, as a recipient of Federal Financial Assistance, shall administer the Title IV- D program in Michigan, arid shall maintain the approved Title IV-D State Plan consistent with Federal requirements. OHS shall also distribute program regulations, forms and instructions to the Contractor through the Friend of the Court Manual Section 4000, the Friend of the Court Letters, the OCS IV-D Combined Manual, the Michigan IV-D Action Transmittals, and the Mi-Support VVebsite. B. Payment 1. OHS will provide timely processing of all claims for expenditure reimbursement in accordance with State regulations implementing § 2, Public Act 279 of 1984. 01-IS shall complete its processing of payments to the Contractor within forty-five (45) calendar days after receipt of the Contractor's monthly DHS-286. Payments shall be made in accordance with each fiscal year budget attached to and made part of this Agreement. Processing and payment may be delayed to the next available cycle for any DHS-286 submitted after the due date. 2. 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 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 Funds: OHS shall pay Bench Warrant Funds to the Contractor in accordance with Action Transmittal (AT) 2007-036, or its successors, and if applicable, the OHS Memorandum of Understanding (MOU) with the Contractor. C. Er_curslm Compliance Monitoring and Evaluation 1. DNS shall monitor and evaluate Contractor performance for compliance with Title IV-D Standards, all Contractor duties and responsibilities, as identified in § 1 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 -10- CM-F162 Rev. 7-09) Prevous edition obsolete. MS Word performance data no later than thirty (30) business days after the close of each quarter. 2. DI-IS 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 and 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. Incentive Payments to the Contractor DHS shall distribute Federal incentive payments to the Contractor in accordance with Federal regulations implementing Public Law 105-200, 45 CFR Part 305 and applicable Office of Child Support, DHS procedures. F. Maximum Amount of Agreement 1. The total maximum amount DHS agrees to pay the Contractor for services performed during the fiscal period of October 1, 2009 through September 30, 2010 as defined by the terms of the Agreement is Eight million, eight hundred fifty-one thousand, seven hundred sixty-eight and 00/100 dollars ($8,851,768.00) which is 66% of the net budget identified in the Title IV-D Program Budget Summaries. 2. A Title IV-D Program Budget for each subsequent fiscal year covered by this Agreement shall be submitted to the OCS Contract Manager for review and approval by the deadline provided by DHS. In no event shall DHS make payment to the Contractor for billings submitted for payment within a fiscal year prior to receipt and approval of the budget for that fiscal year. -11- CM-F162 (Rev_ 7-09) rrevious edition ubsotete MS Word The contractor shall submit a budget for each of the following periods: Fiscal Year October 1, 2009 through September 30, 2010 October 1, 2010 through September 30, 2011 October 1, 2011 through September 30, 2012 3. If review of the Contractor's financial records indicates costs are projected 0 exceed an approved fiscal year's budget, the Contractor is required to submit an Amendment request for that fiscal year period. The due date for submission of this request is ninety (90) days prior to the end date of the fiscal year period. DHS shall provide an initial 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 monthly invoices. G. Additional Funding DHS shall notify the Contractor of additional funding availability associated with this Agreement through a Notice of Funds Available (NFA), DHS-256. The NFA shall 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. DRS 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 fiscal year period of the NFA. Ill. GENERAL PROVISIONS A. DI-IS' Source of Funds-Termination DHS' payment of Federal or State funds for purposes of this Agreement is subject to and conditional upon the availability of those funds for such purposes. No commitment is made by the DRS to continue or expand activities covered by this Agreement. Funding for services to be provided beyond the end of the initial State fiscal year is dependent on legislative appropriation. DHS may terminate this Agreement immediately upon written notice to the Contractor at any time prior to the completion of this Agreement if, in the sole discretion of DHS, funding becomes unavailable for this service or such funds are restricted. -12- CM-F162 (Rev 7-09) Previous edizion oOsoiete. MS Wo'ci B. 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 from any amounts billed under this Agreement. C. 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 flings, 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. D. Examination and Maintenance of Records The Contractor shall permit the 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 Contractors cost. 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 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 DHS 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 Contractors expense. -13- CM-F162 (Rev 7-09; Piev'ous edition onsolete. MS Word The Contractor snal;, as a provision of the Agreement between the Contractor and the auditor, assure that the DHS may make reasonable inquiries of the auditor relating to audit workpapers and, furthermore, that the DHS may review the auditor's workpapers in support of the audit. E. Compliance 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. This shall include, but shall not be limited to, those laws and regulations that could have a material effect on the Federal program. In addition, the Contractor shall comply with all federal grant agreements, provisions stated within the Catalog of Federal Financial Assistance, and state and federal laws and other rules and regulations related to this funding source. The Contractor shall comply with all Federal Office of Management and Budget circulars, which comply to the federal funding provided under this Agreement which include but are not limited to: A-133 for audit requirements A-102 for administrative requirements A-87 Cost Principles for Government Special Federal Grant Provisions 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. 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 -14- CM-Fie2 (Rev 7-09) Previous edition obsolete. MS Word 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. 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 Agreement violates Article XI, Section 5 of the Michigan Constitution or applicable Civil Service rules and regulations. H. Publication - Approval and Cow/light 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 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 I. Confidentiality 1. The Contractor and the State of Michigan (hereinafter referred to as the State) each acknowledge that the other possesses and will continue to possess confidential information that has been developed or received by it. As used in this Section, "Confidential Information" of the Contractor must mean all non-public proprietary information of the Contractor (other than Confidential Information of the State as defined below) which is marked confidential, restricted, proprietary or with a similar designation. "Confidential Information" of the State must mean any information which is retained in confidence by the State (or otherwise required to be held in confidence by -15- Cri,,-F162 (Rev. 7•09) Previous eUition obso.ete. MS Word the State under applicable federal, state and local laws and regulations) or which, in the case of tangible materials provided to the Contractor by the State under its performance under this Agreement, is mari<ed as confidential, proprietary or with a similar designation by the State. "Confidential Information" excludes any information (including this Agreement) that is publicly available under the Michigan Freedom of Information Act. 2. The State and the Contractor will each use at least the same degree of care to prevent disclosing to third parties the Confidential Information of the other as it employs to avoid unauthorized disclosure, publication or dissemination of its own confidential information of like character, but in no event less than reasonable care. Neither the Contractor nor the State will (i) make any use of the Confidential Information of the other except as contemplated by this Agreement, (ii) acquire any right in or assert any lien against the Confidential Information of the other, or (iii) if requested to do so, refuse for any reason to promptly return the other party's Confidential Information to the other party. Each party will limit disclosure of the other party's Confidential Information to employees and Subcontractors who must have access to fulfill the purposes of this Agreement. Disclosure to, and use by, a Subcontractor is permissible where (A) use of a Subcontractor is authorized under this Agreement, (B) the disclosure is necessary or otherwise naturally occurs in connection with work that is within the Subcontractor's scope of responsibility, and (C) the Contractor obligates the Subcontractor in a written Contract to maintain the State's Confidential Information in confidence. At the State's request, any employee of the Contractor and of any Subcontractor having access or continued access to the State's Confidential Information may be required to execute an acknowledgement that the employee has been advised of the Contractor's and the Subcontractor's obligations under this Section and of the employee's obligation to the Contractor or Subcontractor, as the case may be, to protect the Confidential Information from unauthorized use or disdosure. Promptly upon termination or cancellation of this Agreement for any reason, the Contractor must certify to the State that the Contractor has destroyed all State's Confidential Information. J. Fixed Assets OHS 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 OHS 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 depreciation or use charge pre-approved by DHS and shall be used only for the performance of this Agreement unless another use is authorized in writing by DHS, DHS property shall be used only for the performance of the Agreement -1 6- CM-F 162 (Rev. 7-091 Previous edition oomete. MS Word unless another use is authorized in writing by DHS, and shall promptly be returned or the DI-IS portion of the residual value refunded to DHS 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 Contractor shall report to DHS the book value of all fixed assets and non-consumables purchased with DHS funds and not fully utilized by the end of the Agreement. The Contractor shall 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 Agreement must be immediately reported and refunded to 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 DHS. K. Subcontracts The Contractor shall not assign this Agreement or subcontract this Agreement to other parties without obtaining prior written approval of OHS' Division of Contracts 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 Contractors and the Subcontractors 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 of disclosure. L. Cancellation of Agreement DI--IS may cancel this Agreement upon thirty (30) 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 an Agreement or favorable treatment under 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 -17- CM-F162 (Rev. 7-CID1 Previous edition obsolete MS Word 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 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. M. 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 (9(1) 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 immediateIy comply with its terms and take all reasonable 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 expires, 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, accordingly, if: (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 end of the period of work stoppage, provided that, if DHS decides the facts justify the action, DHS may receive and act upon a Contractor billing 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 CM-F '62 (Rev. 7-09) Pievious edition obsolete. MS Word 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 DHS specifically for payment of the work performed under this Agreement while the stop work order is in effect. N. Closeout When this Agreement is concluded or terminated, the Contractor shall provide the DHS, within thirty (30) days of conclusion or termination, with all financial, performance and other reports required as a condition of the Agreement. The 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. 0. 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. M, "Closeout" of this Agreement. P. Disputes The Contractor shall notify the DHS in writing of intent to pursue a claim against the DHS for breach of any terms of this Agreement. No suit may be commenced by the Contractor for breach of this Agreement prior to the expiration of ninety (90) days from the date of such notification. Within this ninety (90) day period, the Contractor, at the request of the DHS, must meet with the Director of the DHS or designee for the purpose of attempting resolution of the dispute. 0. Agreement Inclusiveness/Amendment This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The Contractor shall, upon request by the DHS and receipt of a proposed amendment, amend this Agreement, if and when required in the opinion of the DHS, due to the revision of Federal or State laws or regulations. If the Contractor refuses to sign such amendment within fifteen (15) days after receipt, this Agreement shall terminate upon such refusal. This Agreement may otherwise be amended only by the written consent of all the parties hereto. -19- CM-F162 (Rev. 7-D9) Previous o6bari obsolete. MS Word R. Monitoring Requirements OHS reserves the right to perform on-site visits during normal business hours to monitor the Contractors activities under this Agreement at any time, either during the term, or within three (3) years 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. 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. DI-IS shall provide the Contractor with a detailed written report of these findings within sixty (60) 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 CAP to DHS within sixty (60) days from issuance of DHS' report. If DHS identifies questioned costs that cannot be substantiated, DI-IS 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, OHS 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. S. Certifications Regarding Lobbying As required by section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the Contractor certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons influencing or attempting to influence an officer or employee of 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 modification of any Federal grant or cooperative agreement. -20- CM-7162 Rev_ !.Dreviouf, obooiete, MS Word 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard form — LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-grants, Agreements under grants and cooperative Agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. T. Recoupment of Funding If the Contractor fails to comply with monitoring requirements as set forth in this Agreement, or fails to submit a revised DHS-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 detniiuied LI iat the Contractor has been overpaid. The Contractor is liable for any cost imposed on DHS by the Federal government in the reopupment 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 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 the Contractor to Michigan's Department of Management and Budget. Such a report may result in the Conti autor's debarment from further Agreements with the State of Michigan. U. Freedom of Information Act The Contractor and DHS will abide by all of the requirements of the Freedom of Information Act. 1976 public Act No. 442, as amended, MCL 15.231, et seq. -21- CM-F 102 (Rev. 7-09) Previous edition obsolete. MS Word V. Lic=iuldagiguaa=ulf.aaj. • s to Support Religious Activities The Contractor shall not use financial funds administered by the State or Federal government to support inherently religious activities, such as worship, religious instruction, or proselytization. If the Contractor engages in such activities, it must offer them separately, in time 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 strictly adhere to provisions of federal law and regulation, including those found in 42 U.S.C. 604a, Contain a Going Concern 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 Monitoring and Internal Control within ten (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 the DHS Office of Monitoring and Internal Control 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 timely submit the audit report with the Going Concern, or timely submit a financial plan, or DHS' rejection of the Contractor's financial plan, are grounds for immediately terminating the Agreement. Mailing address for all audit information: Michigan Department of Human Services Office of Monitoring and Internal Audit Grand Tower, Suite 1112 P.O. Box 30037 Lansing, MI 48909 Attention: William Addison, CPA X. 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 repayment agreement, the Contractor agrees to make monthly payments to DHS at an amount not less than five (5)% of any outstanding balance and to begin on the date this Agreement is executed. -22- CM-F62 ;Rey. 7-09) Previous edition obsolete. MS \quid 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 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 five (5)/o of any outstanding balance effective on the date this Agreement is executed. Y. Governing Law This Agreement shall in all respects be governed by, and construed in accordance with, the laws of the State of Michigan. Any dispute arising herein shall be resolved in the State of Michigan. Z. Severability Each provision of this Agreement shall be deemed to be severable from all other provisions of this Agreement and, if one or more of the provisions of this Agreement shall be declared invalid, the remaining provisions of this Agreement shall remain in full force and effect. -23- CM-F162 (Rev. 7-0g. ) Prev.o,.;3 edition obsolete. MS Ward IN WITNESS WHEREOF, the OHS and the Contractor have caused this Agreement to be executed by their respective officers duly authorized to do so. The Undersigned has the lawful authority to bind the Contractor to the terms set forth in this Agreement. Dated at , Michigan 6th Circuit Court (Enter Court Identification) This day of , 2009 By: Chief Circuit Judge Witness: (Print Name) Dated at , Michigan The County of Oakland (Contractor) This day of , 2009 By: Chairperson, County Board of Commissioners Witness: (Print Name) Dated at , Michigan Department of Human Services this day of , 2009 By: Director or Designee Witness: Contract #: CSFOC10-63001 -24- CM-FlEi2 Fev. 7-09) Previous edition obsolete. MS \Nora Michigan Department of Human Services FISCAL YEAR (FY) 2099 TITLE IV-D COOPERATIVE REIMBURSEMENT PROGRAM APPLICATION and WORKSHEETS ATTACHMENT E SECTION A. CONTRACT DESCRIPTION Attachment E COUNTY: OAKLAND PROVIDER: FISCAL YEAR: 2010 CONTRACT NO:CS/ FOC-10-55001 FOC X PA AG COMB COLUMN I COLUMN II COLUMN III --e-e 1 PROVIDER'S SECTION B. 2010 TOTAL ALLOCATION FACTORS IV-D BUDGET ELIGIBLE BUDGET 1. FTE POSITIONS (FOC.PA,COMB) 123.84 146:00 A. Enforcement (FOC 8;/OR COMB) 123.84 B. Establishment PA &fOR COMB 146.00 2. % OF TOTAL FTE'S (IV-D A:location Factor) 84.82% A. Enforcement ( FOC 8L/OR COMB) 84.82% B. Establishment (PA 8i/OR COMB 3. CASELOAD % FOC. Comb , 9715% 100', PROPOSED PROVIDER'S SECTION C. 2010 TOTAL BUDGET CATEGORIES IV-D BUDGET ELIGIBLE BUDGET - 1. Personnel $ 10 889 388 II IIMINEI 2. Data Precessin. $ 1 068 848 II IMIERIril 3. Other Direct $ 834 501 W 4. Central Services $ 758 902 11,1 11Erl. I 5. Paterni Testin• PA/COMB On S - - 6. Total Expense $ 13 551 639 $ 16 303 131 7. Service Fees FOC & COMB Onl $ - 8. Jud•ment Fees FOC & COMB S 55 861 rifffil 9. Otner Income describe S 84 009 r llin/affl 10. Net Expense (Line 6 minus 7 -9) $ 13,411,769 $ 16,149,931 11. Incentive 12. NET BUDGET $ 13 411 769 13. State Share @ 66% if Lne 12 $ 8.851.768 14_ Count' Shwe r@ 34% of Line 12 $ 4 560 001 15. State Share same as Line 13 $ 8,851,768 16, DRA Incentive Match 17. Section 905 Su • •.ement 18. Sectier. 906 Supplement 19. Section 909 Supplement 20. TOTAL CONTRACT AMOUNT (Sum Lines 15-19) $ 8,851,768 AT 2008-036 AllaQhment E Michigan Department of Human Services CONTRACT SIGNATURE PROCESS A binding contractual agreement requires the signatures of both the contractor and the Department of Human Services (DHS) Director or designee. Any questions concerning these procedures can be directed to the Division of Contracts and Rate. Setting by calling (517) 373-3724. 1. Verify that the contract or amendment contains the agreed upon terms. If a disagreement is noted, do not sign. Contact the DHS contract administrator with an explanation of the problem. The contract administrator will resolve the issue. If the disagreement can be resolved by making pen and ink changes to the document, the contractor must initial all chances made. 2. Sign two (2) copies of the contract or amendment in the space adjacent to "By:" beneath the contractor name on the last page. A person authorized to sign for the organization must sign the contracts or amendments. 3. Print the name and title of the person signing the contracts or amendments beneath the signature. 4. Obtain the signature of a witness to the contractiamendment signer's signature. Record signature in the "Witness" section located to the left of the contractiamendnrient signature. 5. Mail two (2) copies of the contract/amendment with original signatures, along with two copies of the approved budget, tO the Department of Human Services, Division of Contracts & Rate Setting, Grand Tower Suite 1201, PO Box 30037, Lansing, MI 48909. 6. The space provided for a signature binding the Department of Human Services to the Agreement is for the use of the OHS Agency Director or authorized designee. This space should remain blank. NOTE: All contractors must be registered on the Michigan Accounting information Network (MAIN) to receive payment. You may register as a Vendor online at www.opexpress.state.mi.us or by calling Vendor Registration at 517-373-4111. Department of FiLman Services (OHS) wsti not discriminate against any individual or group becaus& of race, religion, aoe, national orioin color, height, weight. IT arital status, sex, sexual orientation. gender identity or expressior. poi heal beliefs or disapility. if you need help MO reading. wnting, nearirs, etc„ urcier the Amencanz with D'sabilities Act, you are .nvited to make your needs knovo to a DHS office in your area. CV-4528 (Rev. 8-08) Previous edition obsolete MS Word RE: Fiscal Year 2010-2012 Title 11/-D Cooperative Reimbursement Program Agreement for Oakland County CS/F0C10-63001 Your Cooperative Reimbursement Program agreement (agreement) is attached. Please note that the current agreement will cover three fiscal years, however, it will be amended each fiscal year to incorporate a new annual budget. Please print two copies of the agreement and the budget and take the actions listed in the attached Michigan Department of Human Services Contract Signature Process. Do not return the agreements to your contract manager. Return the signed agreement to the Division of Contracts and Rate Selling by August 27, 2009. After the Division of Contracts and Rate Setting receives the signed agreements, they will obtain the signature of the Director of the Department of Human Services or his designee and return a fully signed agreement to you. The signed agreement will be sent to the address on the contract. Also attached is a summary of the agreement language that was changed, and reviewed by the Program Leadership Group, compared to the FY 2009 agreement. A copy of your agreement application will be mailed to you upon your request to your contract manager. The agreement has been changed to cover throe fiscal years October 1, 2009 through September 30, 2012. The Agreement shad be amended each fiscal year period beginning October 1, 2010 through September 30, 2012 to authorize funding for subsequent fiscal year periods covered by the Agreement. The change to an Agreement covering three fiscal years also required some language changes to provide for subsequent fiscal years' budgets in: Section 1 Contractor Duties and Responsibilities, Subsection E (COM) or D (FOC, PA), Billing Method and Section II, EMS Duties and Responsibilities, Subsection F, Maximum Amount of Agreement. 'Audit Liaison' wherever used was changed to Office of Monitoring and Internal Control. Section 1, Contractor Duties and Responsibilities, The introductory paragraph was changed to update the references and now reads as follows (note: the following language is in the COIVI agreement, language specific to the FCC was removed for the PA agreement and language specific to the PA was removed from the FOC agreement): The Contractor shall establish paternity and obtain child support court orders and enforce and seek modification of all child support orders, over which it has jurisdiction. The Contractor shall comply with all requirements of the following (hereinafter referred to as "Title IV-D Standards") that relate to establishing paternity or obtaining and enforcing support orders (and any amendments to the following): U.S. Code Title 42, Chapter 7, subchapter IV, Part D, all applicable Federal regulations at 45 CFI Part 300 to 399, 45 CFR Part 92, 45 CFR Part 95, statutes, court rules, the Michigan Friend of the Court Manual Section 4000, the Prosecuting Attorney Handbook, the Friend of the Court and Prosecuting Attorney Letters, the Michigan Department of Human Services Office of Child Support (hereinafter referred to as OCS) IV-D Combined Manual and the Michigan IV-D Action Transmittals and any DHS issued policies and procedures. The Contractor agrees to use the automated Michigan Child Support Enforcement System (hereinafter referred to as MiCSES System). (Note; wherever they appeared the same references were updated in other sections of the Agreement.) Section I, Contractor Duties and Responsibilities. Subsection A (FOC or COM) Enforcement Services, Paragraph 11, was added to read as follows: Use Bench Warrant Funds in accordance with Action Transmittal (AT) 2007-036, or its successor, and if applicable the DHS Memorandum of Understanding (MOU) with the Contractor. This paragraph was part of Section 11, Subsection B, Paragraph 3 in the FY 2009 Agreement. Section I, Contractor Duties and Responsibilities, Subsection C (COM) or B (FOC, PA), Reports, the following language was deleted from the introductory paragraph: lt is expressly understood that the timelines for reports set forth in this document are dependent on the ability of the contractor to access the MICSES system and extract the information. Section I, Contractor Duties and Responsibilities, Subsection C (COIVI) or B (FOG, PA), Reports, the Criminal Background Check Plan due date was changed from September 30, 2009 to due annually by July, 30, Section I, Contractor Duties and Responsibilities, Subsection C (COM) or B (FOC), Reports, the Bench Warrant Report was added as a report and is due annually by November 30. This change puts the requirements of AT 2007-036 into the terms of the Agreement Section 1, Contractor Duties and Responsibilities, Subsection E (COM) or D (FOC, PA), Billing Method, paragraph 1, subparagraph (a) was changed so that this subparagraph and paragraph 2 of the same section now both read as follows: However, expenditures up to a 5% increase or $3,000, wilichever is less, above the direct cost line item budget categories are permissible provided the sum of all expenditures does not exceed the total amount of the contract. Section 1, Contractor Duties and Responsibilities, Subsection H (COM) or G (FOC I PA), Reinvestment of Incentive Payments to the Contractor that appeared in the FY 2009 agreement was deleted because the requirements of that paragraph are covered by the language in the introductory paragraph. The paragraph read as follows: Al! 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 the Contractor must be reinvested in the Title IV-D program. Reinvestment of incentives must be consistent with 46 CFR Part 305.36; non-IV-D activities must have prior approval by the Director, Office of Child Support, and DHS. Section I, Contractor Duties and Responsibilities, Subsection F (COM) or E (FOG. PA), Billing Procedure, the last sentence related to late billings was changed from 90 days to 60 days to read as follows: At its discretion, DHS may not make payment to the Contractor for billings submitted more than 60 days after the end of a billing period. Section I, Contractor Duties and Responsibilities, Subsection G (COM) or F (FOC PA), Sub-recipient Relationship, the CFDA number for the incentive payments was added and the last paragraph was added to clarify the meaning of TITLE IV-D DHS-286 Reimbursement in the table. The paragraph reads as follows: Note: The Fedora! Program "TITLE IV-D DHS-286 Reimbursement" refers to the DHS reimbursement of amounts billed to DHS on the DHS-286. DHS reimburses 66% of the amounts billed. The entire amount reimbursed is federal funding, therefore the above table uses 100%. The Federal Program 'TITLE IV-D, Incentive Payment" is 100% federal funding. Section 1, Contractor Duties and Responsibilities, Subsection /VI (COM) or L (FOC I PA), Criminal Background Check, was added to replace Subsection G of Section III, General Provisions of the FY 2009 Agreement. Subsection M or L reads as follows: As a condition of this Agreement, the Contractor certifies that, prior to hiring, the Contractor shall conduct or cause to be conducted: • For each applicant for employment, who works directly with clients under this Agreement, or who has access to client information, either an Internet Criminal History Access Tool (ICHAT) check, or an alternative background check approved in writing by OCS that would be more in depth or comprehensive than that provided by ICHT. Information about !CHAT can be found at http:ilapps.michigan.govlichat OCS will consider a written request from the Contractor for approval to use an alternative criminal background checks methodology. Requests must be submitted and approved prior to implementation and must include detailed description of the method and rationale for why it meets or exceeds the end product provided by ICHAT. • For each applicant for empbyment, who works directly with children under this Agreement, a Central Registry (CR) check. The Contractor further certifies that the plan, that was required to be submitted to DHS/OCS no later than September 30, 2009, Which describes a process and timeline for completion of the 'CHAT and CR background checks for all existing employees, subcontractors, subcontractor employees, or volunteers, shall be implemented as required. The Contractor shall report the progress related to each task outlined in the plan no later than July 30 of each contract year, until such time as the Contractor provides notification in its report that the plan has been fully implemented. Section ill, General Provisions, Subsection E, Compliance with Federal and State Requirements was changed to read as follows: 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 This shall include, but shall not be limited lo, those laws and regulations that could have a material effect on the Federal program. in addition, the Contractor shall comply with all federal grant agreements, provisions stated within the Catalog of Federal Financial Assistance, and state and federal laws and other rules and regulations related to this funding source. The Contractor shall comply with all Federal Office of Management and Budget circulars, which comply to the federal funding provided under this Agreement which include but are not limited to: • A-133 for audit requirements • A-102 for administrative requirements • A-87 Cost Principles for Government • Special Federal Grant Provisions The Contractor shall keep informed of Federal, State, and local laws, ordinances, rules, regulations, orders, and decrees of bodies or tribunals having arty 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, Section III, General Provisions, Subsection I, Confidentiality was changed to read as follows: 1, The Contractor and the State of Michigan (hereinafter referred to as the State) each acknowledge that the other possesses and will continue to possess confidential information that has been developed or received by it As used in this Section, 'Confidential Information" of the Contractor must mean all non-public proprietary information of the Contractor (other than Confidential Information of the State as defined below) which is marked confidential, restricted, proprietary or with a similar designation. "Confidential Information" of the State must mean any information which is retained in confidence by the State (or otherwise required to be held in confidence by the State under applicable federal, state and local laws and regulations) or which, in the case of tangible materials provided to the Contractor by the State under its performance under this Agreement, is marked as confidential, proprietary or with a similar designation by the State. "Confidential Information" excludes any information (including this Agreement) that is publicly available under the Michigan Freedom of Information Act. 2. The State and the Contractor will each use at least the same degree of care to prevent disclosing to third parties the Confidential Information of the other as it employs to avoid unauthorized disclosure, publication or dissemination of its own confidential information of like character, but in no event less than reasonable care. Neither the Contractor nor the State will (i) make any use of the Confidential Information of the other except as contemplated by this Agreement, (ii) acquire any right in or assert any lien against the Confidential Information of the other, or (iii) if requested to do so, refuse for any reason to promptly return the other party's Confidential Information to the other party. Each party will limit disclosure of the other party's Confidential Information to employees and Subcontractors who must have access to fulfill the purposes of this Agreement. Disclosure to, and use by, a Subcontractor is permissible where (A) use of a Subcontractor is authorized under this Agreement, (B) the disclosure is necessary or otherwise naturally occurs in connection with work that is within the Subcontractors scope of responsibility, and (C) the Contractor obligates the Subcontractor in a written Contract to maintain the State's Confidential Information in confidence. At the State's request, any employee of the Contractor and of any Subcontractor having access or continued access to the State's Confidential information may be required to execute an acknowledgement that the employee has been advised of the Contractor's and the Subcontractors obligations under this Section and of the employee's obligation to the Contractor or Subcontractor, as the case may be, to protect the Confidential Information from unauthorized use or disclosure. Promptly upon termination or cancellation of this Agreement for any reason, the Contractor must certify to the State that the Contractor has destroyed all State's Confidential Infomration. Section lIt , General Provisions, Subsection Y, Governing Law was added and reads as follows: This Agreement shall in all respects be governed by, and construed in accordance with, the laws of the State of Michigan. Any dispute arising herein shall be resolved in the State of Michigan. Section III, General Provisions, Subsection Z, Severability was added and reads as follows: Each provision of this Agreement shall be deemed to be severable from all other provisions of this Agreement and, if one or more of the provisions of this Agreement shall be declared invalid, the remaining provisions of this Agreement shall remain in full force and effect. The following are new reports for FY 2010-2012: The following is a new reports for FY 2010 (note: this report has been due under terms of AT 2007-036, it is therefore in effect not a new report requirement it is only an addition to the agreement language) The Bench Warrant Report due annually on November 30. Page 1 ot 2 Message tional Child Support Enforcement Asoxiation MUM NCSFA Voice futile Child S;.ippon Community Bob Riegal From: Martell°, Claudia Irnarteiloc@oakgov.00rn] Sent: Friday, Feb-uary 20, 2009 4:45 PM To: 'Riegel, Robert F D' Subject: FW: Preadent Signs American Recovery and Reinvestment Act of 2909 fYi — Original Message----- From: NCSEA [mailto:alison@hcsea.ccsend.corn] On Behalf Of NCSEA Sent: Thursday, February 19, 2009 1:16 PM To martelloc@co.oakiand.mi.us Subject: President Signs American Recovery and Reinvestment Act of 2009 CONGRESSIONAL ALERT *** UPDATE *** President Signs the American Recovery and Reinvestment Act of 2009 Dear Fellow Child Support Professionals, I am pleased to Let you know that there is a temporary resumption of the ability to use the pelIui me.liLe incentives as match for federal funds in the final American Recovery and Reinvestment Act of 2009 passed by the Congress and signed by the President on February 17, 2009. This provision is retroactive to the first quarter of this federal fiscal year and extends until September 2010. The text of Section 2104 is included below. I also want you to know that NCSEA continues to work for permanent resumption. 6/24/2009 NCSEA Visit us at www.qcsea.org Message Page 2 of 2 SEC. 2104. TEMPORARY RESUMPTION OF PRIOR CHILD 4 SUPPORT LAW. 5 During the period that begins on October 1, 2006, 6 and ends on September 30, 2010, section 455(a)(1) of the 7 Social Security Act (42 U.S.C. 655(a)(1)) shall be applied 8 and administered as if the phrase from amounts paid to 9 the State under section 458 or" does not appear in such 10 section. Howard Baldwin President National Child Support Enforcement Association Forward email IgSafeUrivubscribe& Th.s email was sent to marteroclico,oakierid.rii.t:s byLgifeentubaOksfancse,a,Tgrz. UnClate,PjatiLelEglaii ofkddres instant removal with aaf eMDalti.t.,:scrIbeT" prjocy . 1109 Spring Street Suite 700 Silver Spring f MD I 20919 Email N1.,rvetin.; by CalairtaXtc/Ct i TRY IT FREE 6/24/2009 9,„ FISCAI NOTE (!41SC. 109229) September 24, 2009 BY: ZINMCE COMMITT'EE, TCM MIDDLETON, CHAIRPERSON IN RE: CIRCUIT COURT/FAMILY/FRIEND OF THE COURT - FY 2010 THROUGH FY 2012 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) CONTRACT ACCEPTANCE 70 THE OAKLAND COUNTY BOARD OF COMMISSIONRS Chairperson, Ladies en.d. Gentlemen: Pursuant to Rule XII-C of this Boart, the Finance Comoittee has reviewed the above relerenced resolution and finds: 1. The Michigan Department of Human Services, Office of Child S:ipport has awarded coo EY 2310 Title ;V Cooperative Reimbursement Program ;CRP) Contract to the Oakland County Friend of the Court FOC). The agreement is for three years beginning October 1, 2009 through September 30, 2012. The agreement shall be amended each fiscal year beginning October 1, 2010 through September 30, 2012 to authorize funding for subsequent fiscal years covered by the agreement. 2. The gran: award provides Title Iv-D funding to continue the FCC/CRP Program in the amount of $13,551,639 of which $139,070 will be funded by fees collected and the remaining $13,411,169 will be funded by the State in the amount of $8,851,768 (66) and Oakland County grant match of ';-]4,563,001 ;34;. 3. Prior to The Ah.orican Recovery and Reinvestment Act of 2009 (ARRA), federal law did not permit us to use federal incentives to draw down additional fecoral funding through the CR2 program. The State of Michigan in response to the federal law supplemented the FOC for the loss in funding. On February 17, the ARRA of 2209 was enacted permitting the TOC to include these expenditures within the CRP making tnem eligible for reimbursement through the CRP. The State of Michigan's response to the ARRA of 2209 wa to discontinue the county's supplement, This is offset by the IOVC%jC, received from the CRP. The ARRA of 2309 will expire on September 3J, 20:0. 4. The FCC te.;au charctnc a portion of the FOC F:imily Oeunselors' personnel costs -.7,0 :he CRP ;.n the second quarter of FY 2009 generating estimated savirlf::s of $...:50,00 yearly. 5. The FCC deleted Th following positions during the FY 2009 budget process effective FY 201 resulting in total OF/GP savings cf $217,794; one (1) SR FCC Court Referee position 3010404-00758 at 582,160, one (I) SR FCC Case Assistant position 3010404-02547 at $26,445, one (=) OR Domestic Support 5T.ecialist a: $28,400 and one SR FOC Family Counselor p0',dt .LOD 3010404-32320 at $110,709. E. The FY 20l0 Frnance Committee Recommended budget purposes to delete one ;1) SR Office Assistant TI position 3010404-06434 creating OF/GP savings of S19,2. 7. ER 28179 created three (3) PTNE College Interns to the 800 budget that were formaily Oaklane University positions. In the past the County cciMoursee Oakland -.:nLversity for the personnel costs associated with the interns. The college interns are now eligible for reimbursement. Total C;F/GF. estimated cost savings is $1 -',080. 8. Due to State of Michigan deadlines, the TOO prepared the CRP application to the State of Michigan before the County Executive Recommendation ;CER) Was completed. The CRP application did net include the 2.5 salary decrease that was purpo s ed in the TI' 2012 County Executive Recommendation. The CRP formula was than used to recalculate the CRF . reimbursement to ineluce the 2.5% decrease, and these figures were used in the FY 2312 CER. Th',s results in the CRP contract being overstated by a total of The CRP reimbursement from the State of Michigan was reduced from $8,85:,768 to $8,525,970 or ($325,7M) and. the County Cohtrihutron was reduced from $4,560,001 to $4,360,124 or ;:=199,871). The total Oran: Hatch requested from the FY 2010 CER Ls $4,360,124. FINANCE COMMITTEE Motion carried unanimously on a roll call vote. ..,1 k iv Non-Dept.-Grant Xat.ch .$4,360,124 .$4,360,124; Fvn1C F12 CI 9. The tota1 FY 2010 Finance Committee FCC fund (27100) expenditure budget Ls $15,513,n94. Ths will be funded by the folLowIng sources: cap Grant State fundo of ;;-:8,525,970, Oaklond County eneral Fund Grant Xatch of $4,360,124,edra1 Incentive Funds of •1,554,330 one. Charges for Service of :7,1,073,200. 10. The to11owLng FY 201G, FY 2011 and FY 2312 budget amerdment Is recommentled to appropriate the granL matc'n funds from the Nrl- departmental :11-ort Xatch line item to the Circuit Court's Transfer Out line Lten; General Fund 1C100 FY2012 Exnenditures 909011-196030 -730O $4,360,124) 3010401-12L100-70•1-2 7 10C Cir. Cf. - Oper. Trans Ot;t.: $4,360,124 $4,360,124 $4,360,124 FINANCE COMITTEE ...4 \ MY APPROVE THE FOREGOING RESOLUTION ?/.41 /1 Resolution #09229 September 24, 2009 Moved by Potter supported by Gingell the resolution (with fiscal note attached) be adopted. Discussion Followed. Kevin Oeffner. Circuit Court Administrator, addressed the Board and answered questions. Moved by Potter supported by Gingelf the Human Resources Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Gossefin. Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton. Nash, Potter, Potts. RUnestad, Schwartz. Scott, Taub, Woodward, Zack, Bullard, Burns. Capello, Coleman, Coulter, Douglas, Gershenson, Gingeli. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. 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 September 24. 2009, 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 24th day of September, 2009. Gat Ruth Johnson. County Clerk