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Resolutions - 2016.09.22 - 22602
MISCELLANEOUS RESOLUTION #16257 September 22, 2016 BY: Public Services Committee, William Dwyer, Chairperson IN RE: FRIEND OF THE COURT - FY 2017— FY 2021 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Health and Human Services (MDHHS) Office of Child Support has awarded the Oakland County Friend of the Court funding through the Cooperative Reimbursement Program (CRP) Grant for the period of October 1, 2016 through September 30, 2021; and WHEREAS with this funding the Friend of the Court will provide services to establish paternity, locate absent parents, establish and enforce child support orders, and collect child support payments; and WHEREAS this funding is authorized pursuant to Title IV-D of the Social Security Act and provides 66% federal funding for the Friend of the Court Division, with a 34% County grant match; and WHEREAS the CRP grant includes total funding for the five year period of $85,267,885.16 of which $56,276,804.21 is federal funds passed through MDH HS, $28,991,080.95 is the required grant match and is budgeted in the General Fund, Non-departmental Grant Match account, in addition the state provides $5,961,460 in state GF/GP funding; the individual fiscal year budgets are broken down as follows: 1. FY 2017 includes funding in the amount of $15,431,333.04 of which $10,184,679.81 is federal funds passed through the MDHHS, $5,246,653.23 is the required grant match, in addition the state also provides $1,192,292 in state GF/GP funding; and 2. FY 2018 includes funding in the amount of $16,202,906.01 of which $10,693,917.97 is federal funds passed through the MDHHS, $5,508,988.04 is the required grant match, in addition the state also provides $1,192,292 in state GF/GP funding; and 3. FY 2019 includes funding in the amount of $17,013,046.85 of which $11,228,610.92 is federal funds passed through the MOHHS, $5,784,435.93 is the required grant match, in addition the state also provides $1,192,292 in state GF/GP funding; and 4. FY 2020 includes funding in the amount of $17,863,707.14 of which $11,790,046.71 is federal funds passed through MDHHS, $6,073,660.43 is the required grant match, in addition the state also provides $1,192,292 in state GF/GP funding; and 5. FY 2021 includes funding in the amount of $18,756,892.12 of which $12,379,548.80 is federal funds passed through the MDHHS, $6,377,343.32 is the required grant match, in addition the state also provides $1,192,292 in state GF/GP funding; and WHEREAS the state General Fund/General Purpose (GF/GP) amount is provided by the State of Michigan to cover the losses imposed by the Deficit Reduction Act (DRA) which was passed in late 2005 and was effective in early 2006; and WHEREAS there are no new grant funded positions requested; and WHEREAS acceptance of this grant does not obligate the County to any future commitment and continuation of the grant is contingent upon continued future levels of grant funding; and WHEREAS the grant has completed the Grant Review Process in accordance with the Board of Commissioner's Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves acceptance of the Michigan Department of Health and Human Services (MDHHS) Office of Child Support Cooperative Reimbursement Program (CRP) Grant to the Friend of the Court for the period of October 1,2016 through September 30, 2021. 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%) variance from the award, consistent with the agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. 7 PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. PLEASE NOTE: A revised grant agreement is attached and includes the requested Section 4.6 Liability changes referenced below by Corporation Counsel. GRANT REVIEW SIGN OFF — Friend of the Court GRANT NAME: FY 2017-FY 2021 Cooperative Reimbursement Program (CRP) Grant FUNDING AGENCY: Michigan Department of Health & Human Services DEPARTMENT CONTACT: Suzanne Hollyer, 858-0431 STATUS: Acceptance DATE: August 31, 2016 Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (8/18/2016) Department of Human Resources: HR Approved (No Committee) Continues Positions — Lori Taylor (8/23/2016) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (8/18/2016) Corporation Counsel: Good afternoon— DISAPPROVAL. I have reviewed this grant contract and there are some issues that need to be cleared up before I can approve it. 1) Why are there differences in the application's Fiscal Year Allocation and the grant contract's Budget Summary? 2) Sec. 4.6 Liability needs to be amended. Oakland County simply does not possess the statutory authority to contractually agree to the current contract language (which includes essentially indemnification clauses): All liability to third parties, loss or damage as a result of claims, demands, costs or judgments arising out of activities, such as direct service delivery, to be carried out by the Grantee in the performance of this agreement shall be the responsibility of the Grantee, and not the responsibility of MDHHS, if'the liability, loss or damage is caused by, arises out of, the actions or failure to act on the part of the Grantee, any subcontractor, anyone directly or indirectly employed by the Grantee, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Grantee or its employees by statute or court decisions. 11131-11IS is not liability for consequential, incidental, indirect or special damages, regardless of the nature of the action. (Emphases added). In fact, no county in Michigan has the legal authority to provide indemnification to any individual or entity prior to a liability triggering event. See Michigan Municipality Liability and Property Pool v. Muskegon County Board of County Road Commissioners, 235 Mich. App. 183 (1999); See also Michigan Attorney General Opinion No. 5305 (May 3, 1978). Oakland County Corporation Counsel has worked with many state departments and agencies since Michigan Municipal to clear up indemnification issues in all grants and contracts. Please amend the language of Sec. 4.6 Liability to the following: The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or costs arising out of the activities to be carried out by the Grantee under this agreement, if the liability is caused by the Grantee or its employees acting within the scope of their employment. Grantee shall require subcontractors to be responsible for all liabilities as a result of claims, judgments, or costs arising out of activities carried out by the subcontractor and to indemnify the State of Michigan for any third-party claims brought against the state arising from the subcontractor's performance. I did speak with Suzanne Hollyer regarding these issues and she has connected me with Duane Noworyta at the State. I will reach out to him this afternoon to resolve these issues as soon as possible. - Mary Ann Jerge (8/24/16) Revised Agreements sent to Corporation Counsel on 8/31/16. Approved — Mary Ann Jerge (8/31/16) From: To: Cc: Subject: Date: Van Pelt, Laurie M Adoalu-Jones. Ebrtr, Davis. Patricia G; Schultz. Dean 1; Taylor Lori Helfer. Suzanne; Miracle-Leshan. Jeanette R; Elarablv, ICmberly Metrick. Tammy A RE: Friend of the Court: FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) - Grant Acceptance Thursday, August 18, 2016 2:27:00 PM Approved. From: Adoglu-Jones, Ebru Sent: Thursday, August 18, 2016 2:23 PM To: Davis, Patricia G; Schultz, Dean 3, Taylor, Lori; Van Pelt, Laurie M Cc: Hollyer, Suzanne; Miracle-Leshan, Jeanette R; Elgrably, Kimberly K; Metrick, Tammy A Subject: Friend of the Court: FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Lynn Sonkiss Jordie Kramer — Dean Schultz — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY17-21 Cooperative Reimbursement Program Michigan Office of Child Support Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: August 25, 2016 GRANT INFORMATION Date: August 18, 2016 Operating Department: Friend of the Court Department Contact: Suzanne Hollyer Contact Phone: 248-858-0431 Document Identification Number: REVIEW STATUS: Choose one of the following: Acceptance-Resolution Required Funding Period: October 1, 2016 through September 30, 2021 Original source of funding: Federal Will you issue a sub award or contract: No New Facility / Additional Office Space Needs: No IT Resources (New Computer Hardware / Software Needs or Purchases): No Funding Continuation/New: Continuation Application Total Project Amount: $85,267,885 Prior Year Total Funding: $9,625,211 +$1,140,704 in state GF/GP New Grant Funded Positions Request: no Grant Related Positions: Continuation of existing positions Grantor Funds: $62,238,299 of which $56,276,805 is our 66% matching fund and the balance is the "make whole" or GF/GP state funds allocated following the Deficit Reduction Act of 2006. From: To: Cc: Subject: Date: Taylor. Lori Acloglu-Jones. Ebru; Davis, Patricia G; Schultz. Dean 3; Van Pelt. Laurie M; Lewis. Heather L Hollyer, Suzanne; Pliracle-Leshan. Jeanette R; Elarablv. Kimberly LS; Matrksjamma RE: Friend of the Court: FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) - Grant Acceptance Tuesday, August 23, 2016 9:14:35 AM HR Approved (No Committee) Continues Positions From: Adoglu-Jones, Ebru Sent: Tuesday, August 23, 2016 9:10 AM To: Davis, Patricia G; Schultz, Dean 3; Taylor, Lori; Van Pelt, Laurie M; Lewis, Heather L Cc; Mc:dyer, Suzanne; Miracle-Leshan, Jeanette R; Elgrably, Kimberly K; Metrick, Tammy A Subject: RE: Friend of the Court: FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) - Grant Acceptance Please note the document distributed earlier was the application and not the actual contract. Katie and I have been provided the actual contract which is attached for review. The time frame for returned comments has been extended to August 29 th• From: Adoglu-Jones, Ebru Sent: Thursday, August 18, 2016 2:23 PM To: Davis, Patricia G; Schultz, Dean 3; Taylor, Lori; Van Pelt, Laurie M Cc: Hollyer, Suzanne; Miracle-Leshan, Jeanette R; Eigrably, Kimberly K; Metrick, Tammy A Subject; Friend of the Court: FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Lynn Sonkiss — Jordie Kramer — Dean Schultz — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY17-21 Cooperative Reimbursement Program Michigan Office of Child Support Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: August 25, 2016 GRANT INFORMATION Date: August 18, 2016 Operating Department: Friend of the Court Department Contact: Suzanne Hollyer Contact Phone: 248-858-0431 Document Identification Number: REVIEW STATUS: Choose one of the following: Acceptance-Resolution Required Funding Period: October 1, 2016 through September 30, 2021 Original source of funding: Federal From To Cc: Subject: Date: Erlenbeck, Robert C Adogiu-Jones. Ebru; Davis. Patricia C; Schultz. Dean J; Taylor, Lori; Van Pelt, Laurie M l-louver. Suzanne; Kracie-Leshan. Jeanette R; Elarablv. Kfmberlv K; Metriclc Tammy A RE: Friend of the Court: FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) - Grant Acceptance Thursday, August 18, 2016 3:20:26 PM Approved by Risk Management. R.E. 8/18/16 From: Johnson, Sandra K Sent: Thursday, August 18, 2016 2:38 PM To: Adoglu-Jones, Ebru; Davis, Patricia G; Schultz, Dean 3; Taylor, Lori; Van Pelt, Laurie M Cc: Hollyer, Suzanne; Miracle-Leshan, Jeanette R; Elgrably, Kimberly K; Metrick, Tammy A Subject: RE: Friend of the Court: FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) - Grant Acceptance Please be advised that your request for Risk Management's assistance has been assigned to Bob Erlenbeck (ext. 8-1694). If you have not done so already, please forward all related and future information, documentation, and correspondence to Terri Easterling and Sandy Johnson. Also, please include Risk Management's assignment numberRIV116-0413 regarding this matter. Thank you. From: Adogiu-Jones, Ebru Sent: Thursday, August 18, 2016 2:25 PM To: Davis, Patricia G; Schultz, Dean J; Taylor, Lori; Van Pelt, Laurie M Cc: Honer, Suzanne; Miracle-Leshan, Jeanette R; Eigrably, Kimberly K; Metrick, Tammy A Subject: RE: Friend of the Court: FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) - Grant Acceptance I apologize I forgot to include the attachment earlier. From: Adoglu-Jones, Ebru Sent: Thursday, August 18, 2016 2:23 PM To: Grant Review Cc: Hollyer, Suzanne; Miracle-Leshan, Jeanette R; Elgrably, Kimberly K; Metrick, Tammy A Subject: Friend of the Court: FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Lynn Sonkiss Jordie Kramer — Dean Schultz — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY17-21 Cooperative Reimbursement Program Michigan Office of Child Support Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. From: To: Cc: Subject: Date: Jerge. Mary A Taylor Lori; Adoglu-Jones, Ebru; Schultz. Dean 3; Van Pet Laurie M liplbaL,S.sizanne; Miracle-Leshan. Jeanette R; Ejorably. Kimberly K; Metrick, Tammy A RE: Friend of the Court: FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) - Grant Acceptance Wednesday, August 24, 2016 2:28:13 PM Good afternoon — DISAPPROVAL. I have reviewed this grant contract and there are some issues that need to be cleared up before I can approve it. 1) Why are there differences in the application's Fiscal Year Allocation and the grant contract's Budget Summary? 2) Sec. 4.6 Liability needs to be amended. Oakland County simply does not possess the statutory authority to contractually agree to the current contract language (which includes essentially indemnification clauses): All liability to third parties, loss or damage as a result of claims, demands, costs or judgments arising out of activities, such as direct service delivery, to be carried out by the Grantee in the performance of this agreement shall be the responsibility of the Grantee, and not the responsibility of MDHHS, lithe liability, loss or damage is caused by, arises out of, the actions or failure to act on the part of the Grantee, any subcontractor, anyone directly or indirectly employed by the Grantee, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Grantee or its employees by statute or court decisions. MDHHS is not liability for consequential, incidental, indirect or special damages, regardless of the nature of the action. (Emphases added). In fact, no county in Michigan has the legal authority to provide indemnification to any individual or entity prior to a liability triggering event. See Michigan Municipality Liability and Property Pool v. Muskegon County Board of County Road Commissioners, 235 Mich. App. 183 (1999); See also Michigan Attorney General Opinion No, 5305 (May 3, 1978). Oakland County Corporation Counsel has worked with many state departments and agencies since Michigan Municipal to clear up indemnification issues in all grants and contracts. Please amend the language of Sec. 4.6 Liability to the following: TheGraintee, not Lhe State, is i.esponsible for Al Ii0Oilities•as a result . . of claims, judgments; or costs arising out of the activities to be carried out oy the Grantee unde!,:this:agreernit7.q., if the liability is caused by the Grantee or its 6rTiployeeS:acting within the scope .of their employrne.nt Grantee shall require subcoWrar:tors lo be i-esbonsible:tor ail liabilities :as a retAt of claims, ji.idgments: or costs ar:Sing out of activiti.es carried :out by the 3..',Ocontrac;ter:af-.id to indemnify the State Of MiChigan:foriany third-.party clairnstrought against the state arising from the Ell./bcOntraCt.Qr s performance. did speak with Suzanne Hollyer regarding these issues and she has connected me with Duane Noworyta at the State. I will reach cut to him this afternoon to resolve these issues as soon as possible. Please do not hesitate to contact me if you have any further questions. ritota peiTe Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East/ Courthouse West Wing Extension, 3rcl Floor/ Pontiac, MI 48341 Phone Number: (248) 858-05611 Fax Number: (248) 858-1003/ E-mail: jergem@oakgov,com PRIVILEGED AND CONFIDENTIAL — ATTORNEY CLIENT COMMUNICATION This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney-client privilege and work product doctrine, This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in any way. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550, Thank you for your cooperation. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Lynn Sonkiss — Jordie Kramer — Dean Schultz — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Friend of the Court FY17-21 Cooperative Reimbursement Program Michigan Office of Child Support Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: August 25, 2016 GRANT INFORMATION Date: August 18, 2016 Operating Department: Friend of the Court Department Contact: Suzanne Hollyer Contact Phone: 248-858-0431 Document Identification Number: from Inroc—Hani 1,01 kent tnIhneino .1 gotagingigt Ago goiltax.samatt IF: AP000100 0000 01( 0011. FY MI Conhorobe nchneursckool. Ro1500o(c.P1.- Gram Acceo.rench hotet VictInspley, nunonl 31. 10h9:32.4.1 APPROVED-by Conocration Counsel From: West, Catherine A Sant Wednesday, August 31, 2616 9139AM To: Jergo, Mary A Cei Adoglo-3ones, Ebru; Holye'', Suaanne Subject FM Friend of the Coat FY 2017- FY 2021 C0000re dye PeImbrasernent Program (CRP) - Grant Acceptance Prong Mirade.Leshan, 3e0nette R Sent: Wednesday, Angtst 311 2016 '135 AM To: West, Catherine A Subjetb RE: Fiend of the Court: FY 2517- FY 2021 TO Reimbursement Program (CRP) - Grant Acceptance Toe cbianges Mary miniattits betiow hew been made to Mu nontrant curanntly in E-15000 (at t oohed i.Sos 51191 10 see Mu 4.1 . . . From: Jerge, Mary A &ants Tu.day, August 30, 20161:33 PM To: Taylo) Lon; Arloglunlones, Elins; Sohulta Dean 3; Van Pelt, Laurie Cu: Hotlyer, Suzanne; Muscle-L.:short, Jeanette la; blgrably, Writhed-1y K; MeHck, Tamrny A SUbjecti RE: Friend 01 350 Court FM 2017- FY 2221 Cave-ewe Reimburs.nent Program (CRP) - Grant Acceptance Good Afternoon - COrporahon Counsel will APPROVE the grant acimplance contract yetth tra MODIFICATION that MOHFIS has agreed to make (see 0010)1).1 have asked Duane Novioryta and Meanie Sanford to make the necessary change as soon as possible green your time constraints with Board of Commissioners approval. Thank you all for your palerice, Mary Ann From: Sanford, Metarde (bi1H5) [MalltoSanfordt.12rEplchlgan goy] Sent: Tuesday, August 39, 2015 1:10 PM To: Jorge, Maly A Cc: Noworyta, Duane (04141) Subjecb C5110017-63301 and CSPA17-610132 rter stout ion with tbe management team in the Pure. of Purchasing, it has been ecided Hatt-he singested IE ngu,gq. will not Co rent fof tuither r or in w havo, now-ever, found langugethnt hat orr.--,toosly boso approynd f or graitts issued In Cnnklatir: courny through thsfermen Department of Commurnty 1112a:th that ,v,ends CIE Lisoillty section to road follows: olitigatedfot.he ohs,. to !rot, Ionfo,,Forroniii4; nOi Kirrio.f. '0 00 p.12,7,161.7.0 the nih"..inahr c0i“:1 pm-4. • .1. nothing frete0.Efittlf .000E0mi tv te,..:rnntNate, 011.1,74;:ivr:dernhoko 0.,rovidecilry,fathn',,r mothinfd ny coo: Pooh, no Plot 11,, niroatly Conn opponced through theiggilYeti channelv.we inpn tile bringttagit in bet:tic, rthg with longuagoatinvo if non Is tenor you order Thorn: you From: Jorge, Mary A Sent: Wednesday, 0015200 24, 2016 2,25 PM To: Taytor, Lair AdogIH-Jortes, Ebru; Schub, teen i; Van Pelt, Laurie tt Cc: Hollyer, Staanno; Miracle Leshan, Jeanette II; Efgrably, Kimberly IM MelrIcri, Tammy subjacti HE: Held of the Court Pr" 2017- FY 2021 Cooperative Reimbursement Pmgrarn (CRP) -Grant Acceptance both utternoon - rlinonPFROVAL I hove reviewed bus giant at:nth-act Mete are corral r:sone INA need te xt cloareu op berm can approvo 1) Why aFa there differences in the a p pl,ation's Viicgi 1(00: 0-1050:150 and sbe grant contract's Etudget Funtmary? 1). Sec. 4.0 Liability nditdv to bre ontitryloci, nialtland Costly :Imply donv not onssen the statutory min. ity to ountricntually agree to tile current contraci fungcbge inch itievess,ntisily intientnifinetion clay, All liability to third itacheg loss on damage a: a result of :ia,rns, demands, oostoei iudermsnto afIsIng out of ectiv.ties, such as &mot .teryice deliyon;. to be- oirried out by the Crainoo b tnnn pEnlonntance of this agreement 0000 Ilc Itifeoptinsibility of thn Montee, lit not the tesponotillty of MAllEts, If the ilabIllty, loss or damage Is caused by, arises out et the actions or Wu:, to act nn the part of oh, Grantee, nay obcontractor, anyone rdrortly or Indimotryernployert by the GrOnten, provldod Ihnt noth,on heroin vino, lie CD,i11,141,:i one walyor of tiny itcyorrInental immunity that ha, been provided to the Gmntee collo employees by vtatute or court decision,. rilDHFIS fr ont liability Tor consequential, Incidental, indirect or special damages, regardless of the nature of the action. Ernditasei sildedt In foot, no county In Anh.chlean her the legal oothority to provide indamnif.cation to any ihdividuai C.7 crafty ono; to o lability trzgening cVn.nt. h-oe Pvtlehgart Nronicipeitty Lioitliftv ono' Properly Peer v. M050egen Count...- Board oJClimooryd004Colerorttl000nO: 230 Mich. ego. 103 (1)9913. alio Wiichlgon Attorney Etenerat °Own No. 550 (trlay 5, 1921),000-and County Corporation Counsel hot worked witn many trate department, and sgertans !AKE, hirchlpon Vim:3pol lo dear 111. indemni"Icatko *suer in all giants ond contracts. r,hoasc amend the ianguage of Sec. 4.6.liablity to Me following: fit' • n" :31.40,!'hhtthl•in hn..1 tn2L- ,..H.Lite it nfri- ,,ret f beitngo..t.P..ilti tritreitii-r.l, co la I ;=d i.ot st4.1..o.' tryiirinqrnj rd party cla-nls bnowntsgztInctz -, ststoshiln) from its sLiboontrocooKt I old spsak with 0.00ne holler regarding these Atoll and she.hai conhecied me with Doane Pct./cry-to ar the Sears I will reach nut to him this afternoon tn revolve theve ...sours as soon as posnibler Pleats do not hosiratc to can0o0n[11, it you :raw; ml PirrfFICt. IsA wIMKIAri WeelAT ,-hictt finis:ant Inrp000n,o 00 num Cnporknent ol notporelion Gout st1 1050 in TnIncrraph 'band, Wag_ Eosin C:curthouto West Wing thLtonwn,P Flown Pontiac, 01 00001 rm., I:0040. P.M n.9-0:551: Fe, Numb.: 036: 00c1.14101E.inal{: brcernhothotv WEL incur Fitir,11. rm01130,:500 CUPIIC0111110u000110q Ms ma,1 o intontled ly lor1boEro par. c..nilloa,n adorn:T."6. IllsconfOorni:', ono c: pm...clod En the attocr,alanf prologo and newt procluol dochino.n, prhnlhgs Mongol, 0e000:40: eakmns. and conIclool .rtssoss one no: aulhorced to volir. on n0000r007rm00000 In way, l5000h00 advlsod Fnol anson-dnation.ne,oduatot unnigihw0ot3 hnlannvnin, moans alh. !Ann Ihn.f.n Wed at., roay nonnidule molcor of Ihk,prIn.10,1e end Iherafore t00,OR.0.11170 hoonr rev:W.1ra mcssaue In nnor.0.1.01.1nOyihn hohuol,01001hloy yolr honn,,nylc,Imno. lotus onnlcul In'ecnrhrogant.anp:Wh.lCnon'Al 4101131 060-06-50, Thrml, n,:nn fee ch,phickhn, GRANT REVIEW FORM TO: REVIEW DEPARTMENTS -Lynn Sonkiss - Jordie Kramer - Dean Schullz - Pal Davis RE. GRANT CONTRACT REVIEW RESPONSE - Friend of the Court FY17-21 Cooperative Reimbursement Pnograrn Michigan Office of Child Support State of Michigan Department of Health & Human Services Bureau of Purchasing (BOP) PO Box 30037, Lansing MI 48909 Or 235 S. Grand Avenue, Suite 1201, Lansing, MI 48933 AGREEMENT NUMBER: CSFOC17-63001 Between THE STATE OF MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES And GRANTEE PRIMARY CONTACT EMAIL County Of Oakland - Friend of the Court Jeanette Leshan leshanj©oakgov,ocm GRANTEE ADDRESS TELEPHONE 230 Elizabeth Lake Road, P.O. Box 436012 Pontiac, Mi 48343 1011 (248) 858-0449 STATE CONTACT NAME TELEPHONE EMAIL Contract Administrator Duane Noworyta (517) 241-7728 noworytad@michigan.gov BOP Analyst Melanie Sanford (517) 373-9376 sanfordm2@rnichigan,gov AGREEMENT SUMMARY SERVICE DESCRIPTION Child Support Services GEOGRAPHIC AREA Oakland INITIAL TERM EFFECTIVE DATE* EXPIRATION DATE AVAILABLE OPTION YEARS 5 years 10/0112016 09/30/2021 2 MISCELLANEOUS INFORMATION _DUNS NUMBER: 136200362 ESTIMATED CONTRACT VALUE AT TIME OF EXECUTION 1562,238,264.21 AGREEMENT TYPE Actual Cost The undersigned have the lawful authority to bind the Grantee and MDFIHS to the terms set forth in this Agreement. The Grantee's signature on this Agreement is the Grantee's certification that verification has and will be performed. The Grantee's signature certifies that the Grantee is not an Iran linked business as defined in MCL 129.312. FOR THE GRANTEE (CSFOC, CSPA and CSCOM FOR THE STATE: Agreements): Grantee: County Of Oakland DEPARTMENT OF HEALTH & HUMAN SERVICES Signature of Chairperson, County Board of Commissioners Signature of Director or Authorized Designee Print Name: Print Name: Date: Date: FOR THE GRANTEE (CSFOC and CSCOM Agreements Only): FOR THE GRANTEE (CSPA and CSCOM Agreements Only): Signature of Chief Circuit Judge Signature of County of Prosecuting Attorney Print Name: Print Name: Date: Date: Contract # CSFOC17-83001, County Of Oakland, Title IV-D Cooperative Reimbursement Program -2017 Date; 08/17/2018 Page: 1 of 37 This Agreement will be in effect from October 1, 2016 through September 30, 2021. No service will be provided and no costs to the state will be incurred before 10/01/2016. Year 1 Year 2 Year 3 Year 4 Year 5 Agreement Period 10/01/2016 through 09/30/2017 10/01/2017 through 09/30/2018 10/01/2018 through 09/30/2019 10/01/2019 through 09/30/2020 10/01/2020 through 09/30/2021 Total Amount : Amount $11,376,971.81 $11,886,209.97 $12,420,902.92 $12,982,338.71 $13,571,840.80 $62,238,264.21 1. Reserved 2. GRANTEE RESPONSIBILITIES 2.1 Email Address The Grantee authorizes MDHHS to use the contact information below to send Agreement related notifications/information. The Grantee shall provide MDHHS with updated contact information if it changes. Contact email address: leshanj@oakgov.ocm 2.2 Geographic Area The Grantee shall provide services described herein in the following jurisdiction: Oakland 2.3 Reserved 2.4 Credentials The Grantee shall assure that appropriately credentialed or trained staff under its control, including Grantee employees and/or subcontractors, shall perform functions under this Agreement. 2.5 Services to be Delivered Activities the Grantee shall perform: The Grantee under the terms of this Agreement may participate with the Office of Child Support (OCS) in various child support projects. These projects may be funded with additional federal performance incentives or federal or private grants. In addition to the Title IV-D standards these projects may be subject to additional specific requirements. The additional specific requirements will be provided to the Grantee and the Grantee agrees to comply with any specific requirements related to any project in which it agrees to participate. The Grantee shall comply with all applicable requirements of the following (and any amendments to the following), hereinafter referred to as "Title IV-D Standards", that relate to establishing paternity or obtaining and enforcing support orders: • U.S. Code Title 42, Chapter 7, subchapter IV, Part D • 45 Code of Federal Regulations (CFR) Part 300 to 399 • 45 CFR Part 75 • 45 CFR Part 95 • 2 CFR Part 200 • Applicable Michigan Compiled Laws and Public Acts • Applicable Michigan Court Rules • Friend of the Court Manual • Prosecuting Attorney Handbook • Combined IV-D Policy Manual Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/17/2016 Page; 2 of 37 • Michigan IV-D Child Support Manual • Michigan IV-D Memorandum (previously referred to as Action Transmittals) • MDHHS issued policies and procedures The Grantee shall also comply with each fiscal year's applicable Child Support Enforcement Program grant's terms and conditions as posted to Mi-support (General: https://mi- support.state.mi.us/CentralActivities/Contracts%20Documents/general_terms_and_conditions_ma ndatory.pdf Addendum: https://mi- supportstate.mi.us/CentralActivities/Contracts%20Documents/Grant_Terms_an_Conditions_Adde ndum.pdf ). The Grantee shall use the automated Michigan Child Support Enforcement System (hereinafter referred to as MiCSES System). The Grantee shall perform the respective services identified in the Service Description on the Signature Page of this Agreement as outlined in Appendix A. The Grantee shall comply with the respective performance standards as outlined in Appendix A. 2.6 Reserved 2.7 Reporting Requirements The Grantee shall submit the following reports to MDHHS: Form: DHS-286 - Title IV-D Cooperative Reimbursement Expenditure Report including the following supporting documentation: Personnel Expense Report and the FPRO Caseload Report run within 30 days after the month of service. Cycle: Due by the thirtieth (30th) day after month of service To: Michigan Department of Health and Human Services Submitted through EGrAMS or its successor unless otherwise instructed by OCS 2. Form: DHS-820 - Support Collection Refund/Reimbursement Request for incorrect foster care disbursements. Applies to Friend of the Court (FOG) and Combined Agreements only Cycle: As needed in accordance with MFOC Section 4000, Chapter 650 Section 5.85, "Foster Care — Financial" of the Michigan IV-D Child Support Manual outlines instructions for requesting foster care refunds. To: Michigan Department of Health and Human Services Reconciliation and Recoupment Section, Suite 1014 P.O. Box 30025 Lansing, MI 48909 3. Form: DHS-820 - Support Collection Refund/Reimbursement Request for incorrect Medicaid disbursements Applies to FOC and Combined Agreements only Cycle: As needed in accordance with MFOC Section 4000, Chapter 650 Section 5.40, Public Assistance Impacts: Unreimbursed Grant, Linking, and Pass-Through (Client Participation Payment)" outlines instructions for requesting Medicaid refunds. To: Michigan Department of Health and Human Services 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 Contract # CSFOC17-63001, County Of Oakland, Title iV-D Cooperative Reimbursement Program - 2017, Date: 08/17/2018 Page 3 of 37 collections Applies to FCC and Combined Agreements only Cycle: No regular cycle: process as received To: Michigan Department of Health and Human Services Office of Child Support 6. Form: OCS Tax Data Confidentiality Questionnaire Cycle: Due annually by January 31 To: Michigan Department of Health and Human Services Submitted through EGrAMS or its successor unless otherwise instructed by OCS 6. Form: Criminal Background Check Plan Update/Notification of Completion Cycle: Due annually by July 30, until such time as the Grantee provides notification in its Criminal Background Check report that the plan has been fully implemented. To: Michigan Department of Health and Human Services Contract Manager, Office of Child Support 7. Form: MiCSES Role Conflict Waiver Cycle: Due annually by October 1 To: Michigan Department of Health and Human Services Contract Manager, Office of Child Support 8 Form: CPR/BRS User Verification Report Cycle: Due semi-annually by January 31 and July 31 To: Michigan Department of Health and Human Services Submitted through EGrAMS or its successor unless otherwise instructed by OCS 9. Form: Self-Assessment Compliance Report Cycle: Due each fiscal year as directed by OCS To: Michigan Department of Health and Human Services Office of Child Support 10. Form: Arrears Management Log Applies to FCC and Combined Agreements only Cycle: Due within 30 days after the end of each quarter To: Michigan Department of Health and Human Services Office of Child Support 11. Form: Independent Security Assessment Cycle: Due upon release To: Michigan Department of Health and Human Services Office of Child Support 2.8 Audit Requirements Subrecipient Relationship This Agreement constitutes a subreciplent relationship with MDHHS. The Grantee is required to Contract # CSFOC17-63001, County Of Oakland, Title IV-O Cooperative Reimbursement Program - 2017, Date; DB/17/2016 Page: 4 of 37 comply with all federal regulations related to the accounting and auditing of the federal award used to fund this Agreement. This includes, but is not limited to, compliance with the federal Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards — Final Rule (Uniform Guidance). Regulations applicable to funding sources are included in the Catalog of Federal Domestic Assistance (CFDA). The CFDA number and related information for this Agreement is provided in the table below. CFDA Title CFDA Federal Agency Federal Federal Federal Federal Amount Number Name Award Award Award Grant Grant Number and Identifica tion Number Date Program Title Phase (FAIN) Title IV-D 93.563 U.S. Dept. of N/A N/A N/A IV-D N/A Reimbursement Health and Human (State Share on the DHS-286) Services (Office of Child Support Enforcement ) Title IV-D 93.563 U.S. Dept. of N/A N/A N/A IV-D N/A Incentive Payment Health and Human Services (Office of Child Support Enforcement ) MDHHS may change the CFDA number and/or federal funding participation (FFP) rate during the course of the Agreement. CFDA numbers and FFP rates for this Agreement shall be posted monthly on the MDHHS website. The Grantee is required to check the website to obtain up to date information regarding the CFDA numbers (unless notified otherwise by the MDHHS Bureau of Purchasing). The Grantee shall consult the following website to obtain CDFA numbers, payments, program updates, and other audit information: http://dhhs.michigan.gov/CFDA/ The Federal Award Identification Number (FAIN), Federal Award Date and the amount paid under each federal award as required by 2 CFR part 200.331 will be posted by OCS to https://mi- support.state.mi.us/CentralActivities/Contracts%20Documents/Forms/Contracts%20Page.aspx until such time as it can be incorporated into the http://dhhs.michigan.gov/CFDA/ website. OCS will notify the grantee when the information is available and at which location. a. Required Audit or Audit Exemption Notice Grantees must submit to the Department either a Single Audit, Financial Related Audit, or Audit Exemption Notice as described below. A Financial Related Audit is applicable to for- profit Grantees that are designated as subrecipients. If submitting a Single Audit or a Financial Related Audit, Grantees must also submit a corrective action plan prepared in accordance with Title 2 Code of Federal Regulations, Section 200.511(c) for any audit findings that impact MDHHS-funded programs, and a management letter (if issued) with a corrective action plan, 1) Single Audit Grantees that are a state, local government, or non-profit organization that expend $750,000 or more in federal awards during the Grantee's fiscal year, Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program -2017, Date: 0811712016 Page: 5 of 37 must submit a Single Audit to the Department, regardless of the amount of funding received from the Department. The Single Audit must comply with the requirements of Title 2 Code of Federal Regulations, Subpart F. The Single Audit reporting package must include all components described in Title 2 Code of Federal Regulations, Section 200.512 (c). 2) Financial Related Audit Grantees that are for-profit organizations that expend $750,000 or more in federal awards during the Grantee's fiscal year must submit either a financial related audit prepared in accordance with Government Auditing Standards relating to all Federal awards; or an audit that meets the requirements contained in Title 2 Code of Federal Regulations, Subpart F, if required by the Federal awarding agency. 3) Audit Exemption Notice Grantees exempt from the Single Audit and Financial Related Audit requirements (a. and b. above) must submit an Audit Exemption Notice that certifies these exemptions. The template Audit Exemption Notice and further instructions are available at http://www.michigari.gov/MDHHS by selecting Inside MDHHS MDHHS Audit. b. Financial Statement Audit Grantees exempt from the Single Audit and Financial Related Audit requirements (that are required to submit an Audit Exemption Notice as described above) must also submit to the Department a Financial Statement Audit prepared in accordance with generally accepted auditing standards if the audit includes disclosures that may negatively impact MDH HS- funded programs including, but not limited to fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. If submitting a Financial Statement Audit, Grantees must also submit a corrective action plan for any audit findings that impact MDHHS-funded programs. c. Due Date and Where to Send The required audit and any other required submissions (i.e. corrective action plan, and management letter with a corrective action plan), and/or Audit Exemption Notice must be submitted to the Department within nine months after the end of the Grantee's fiscal year by e-mail to the Department at MDHHS-AuditReports@michigan.gov . The required submissions must be assembled in PDF files and compatible with Adobe Acrobat (read only). The subject line must state the agency name and fiscal year end. The Department reserves the right to request a hard copy of the audit materials if for any reason the electronic submission process is not successful. d. Penalty 1) Delinquent Single Audit or Financial Related Audit If the Grantee does not submit the required Single Audit or Financial Related Audit, including any management letter and applicable corrective action plan(s) within nine months after the end of the Grantee's fiscal year, the Department may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $200,000) until the required filing is received by the Department. The Department may retain the amount withheld if the Grantee is more than 120 days delinquent in meeting the filing requirements. The Department may terminate the current grant if the Grantee is more than 180 days delinquent in meeting the filing requirements. 2) Delinquent Audit Exemption Notice Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program -2017, Date: 0811712016 Page: 8 of 37 Failure to submit the Audit Exemption Notice, when required, may result in withholding from the current funding an amount equal to one percent of the audit year's grant funding until the Audit Exemption Notice is received. e. Other Audits The Department or federal agencies may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. f. Subrecipient Funding Information Federal Program Title CFDA # FFP % TITLE EV-D Reimbursement (State Share on the DH S-286) 93.563 100% TITLE IV-D Incentive Payment 93.563 100% Note: The Federal Program "TITLE IV-D Reimbursement (State Share on the DHS-286)" refers to the MDHHS reimbursement of amounts billed to DHHS on the DHS-286 and identified as the State Share (IV-D). MDHHS reimburses 66% of the amounts billed. The entire amount reimbursed and identified as the State Share (IV-D) is federal funding, therefore the above table uses 100%. The Federal Program "TITLE IV-D, Incentive Payment" is 100% federal funding. Any amount identified as State GF/GP is not federal funding (0% FFP), Any amount identified as Fifteen (15%) Medical Support Incentive is not federal funding (0% FFP). Subrocipient/Grantee Monitoring When passing Federal funds through to a subrecipient (if the agreement does not prohibit the passing of Federal funds through to a subrecipient), the Grantee must: a. Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the information required by 2 CFR 200.331(a). b. Evaluate each subrecipient's risk of noncompliance as required by 2 CFR 200.331(b). c. Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the subawards; that subaward performance goals are achieved; and that all monitoring requirements of 2 CFR 200.331(d) are met including reviewing financial and programmatic reports, following up on corrective actions, and issuing management decisions for audit findings. d. Verify that every subrecipient is audited as required by Subpart F of 2 CFR 200. The Grantee must develop a subrecipient monitoring plan that addresses the above requirements and provides reasonable assurance that the subrecipient administers Federal awards in compliance with laws, regulations, and the provisions of contracts, and that performance goals are achieved. The subrecipient monitoring plan should include a risk- based assessment to determine the level of oversight, and monitoring activities, such as reviewing financial and performance reports, performing site visits, and maintaining regular contact with subrecipients. The Grantee must establish requirements to ensure compliance for for—profit subrecipients as required by Title 2 (CFR), Section 200.501(h), as applicable. The Grantee must ensure that transactions with contractors comply with laws, regulations, and provisions of contracts or grant agreements in compliance with Title 2 CFR, Section 200.501(g), as applicable 2.9 Reserved Contract tACSFOC17-63001, County Of Oakland, Title W-D Cooperative Reimbursement Program - 2017, Date: 0811712016 Page: 7 of 37 2.10 Service Documentation The Grantee agrees to maintain program records required by MDHHS, program statistical records required by MDHHS, and to produce program narrative and statistical data at times prescribed by, and on forms furnished by, MDHHS. 2.11 Fiscal Requirements The Grantee shall install and maintain an accounting system to identify and support all expenditures billed to MDHHS under this Agreement. The accounting system must record all income and expenses for the Grantee'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 Grantee shall maintain, within the accounting system, salary and fringe benefits accounts that break out positions, hospitalization, retirement, workmen's compensation and other fringe benefits, The Grantee shall establish and maintain payroll records for all employees. The Grantee shall maintain payroll records to support amounts billed to MDHHS in accordance with the federal timekeeping requirements described in the OMB Uniform Guidance, or as codified in the Code of Federal Regulations. 2.12 Budget The attached budget is hereby made a part of this Agreement. The Grantee certifies that this budget has been prepared in accordance with the instructions provided by MDHHS. This document details the amount and object of expenditures for which the Grantee shall use funds paid under this Agreement. The Grantee is authorized to expend funds only for those resources indicated in the budget that are allowable, properly allocated and reasonable as defined in the instructions. The Grantee shall not be reimbursed for any expenditures incurred in budget line items that do not include dollar amounts. Budget revision requests must be submitted in accordance with Michigan IV-D Memorandum 2015- 029 or its successors. The Grantee shall follow and adhere to the budget. However, expenditures up to a 5% increase or $3,000, whichever is less, above the direct cost line item budget categories are permissible provided the sum of all expenditures for a fiscal year does not exceed the total amount of the originally approved budget for the fiscal year(s) included in the Agreement. The Grantee must submit a budget revision line-item transfer request through EGrAMS (or its successor) unless otherwise instructed by OCS, and obtain prior approval from MDHHS to increase any line item by more than 5% or $3,000 whichever is less, or decrease line items in a fiscal year's budget. A line-item transfer is only available if the sum of all expenditures for a fiscal does not exceed the approved budget for that fiscal year included in the Agreement. OCS is the MDHHS representative authorized to approve the budget increases and decreases. The Grantee's request for MDHHS approval must contain sufficient information to allow MDHHS to identify which budget line items are to be increased and which line items are to be decreased, staying within the originally approved budget total. If review of the Grantee's financial records indicates costs are projected to exceed an approved fiscal year's budget, the Grantee is required to submit an amendment request through EGrAMS (or its successor) for that fiscal year, unless otherwise instructed by OCS. The Grantee's amendment request for MDHHS approval must contain sufficient information to allow MDHHS to identify which budget line items are to be increased and which line items are to be decreased. The MDHHS representative authorized to approve budget amendments is the Director, Office of Contracts and Purchasing. The due-date or submission of this request is 90 days prior to the end-date of the fiscal year period. MDHHS shall provide a response to budget amendment requests within 30 days of receipt. Contract # CSFOC17-63001, County Of Oakiand, Title IV-D Cooperative Reimbursement Program -2017, Date: 08/17/2016 Page: 8 of 37 Actual costs include the cost of fringe benefits provided for 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. If any staff funded in part or whole by IV-D funds do not work full-time on IV-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. If the Grantee agrees to participate in a child support project as defined under Section 2.5 of this Agreement, the Grantee shall submit a budget(s) in accordance with the procedure described above. 2.13 Billing Procedure The Grantee shall submit a DHS-286, "Title IV-D Cooperative Reimbursement Expenditure Report" through EGrAMS (or its successor) unless otherwise instructed by OCS to MDHHS within 30 days from the end of the monthly billing period. For the month of September, billings shall be submitted as reasonably directed by the contract administrator to meet fiscal year end closing deadlines. At its discretion, MDHHS may not make payment to the Grantee for billings submitted more than 60 days after the end of a billing period. Payments shall be sent to the Grantee's legal address on page one of this Agreement. If a different payment mailing address is required, the Grantee shall send a request via email to the MDFIHS Accounting Contract Payment Unit at MDHHS- CPU©michigan.gov . For travel costs (including mileage, meals, and lodging) incurred related to services provided under this Agreement, the Grantee may bill MDHHS the premium state rate, or Grantee's usual reimbursement rate for employees, whichever is less. State of Michigan travel rates may be found at the following website: http://www.michigan.govklmb/0,1607,7-150-9141_13132---,00,html The Grantee cannot charge MDHHS more for a provision of service than is charged to other entities for whom the Grantee provides services. Costs incurred outside of the term of this Agreement shall not be eligible for reimbursement. 2.14 Federal Guidelines for Use of Federal Funds a. In order for M DH HS to comply with the Federal Funding Accountability and Transparency Act (FFATA), the Grantee shall provide the following information: The names and total compensation of the five most highly compensated officers of the entity if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards; and $25,000,000 or more in annual gross revenues from federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 780(d)) or Section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). The information may be mailed to the address below or FAX to (517) 335-6390. Michigan Department of Health & Human Services Bureau of Purchasing Grand Tower Suite 1201 PO Box 30037 Lansing, Ml 48909 Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/17/2016 Page: 9 of 37 2.15 Criminal Background Check As a condition of this Agreement, the Grantee certifies that the Grantee shall, prior to any individual performing work under this Agreement, conduct or cause to be conducted an Internet Criminal History Access Tool (ICHAT) check and a national and state sex offender registry check for each new employee, employee, subcontractor, subcontractor employee, or volunteer who, under this Agreement, works directly with clients or has access to client information. Information about ICHAT can be found at http://apps.michigan.gov/ichat. OCS will consider a written request from the Grantee for approval to use an alternative criminal background check methodology. Requests must be submitted and approved prior to implementation and must include a detailed description of the method and rationale for why it meets or exceeds the end product provided by ICHAT. The Michigan Public Sex Offender Registry website address is http://www.mipsor.state.mi ,us, The National Sex Offender Public website address is http://www.nsopw.gov . As a condition of this Agreement, the Grantee certifies that the Grantee shall, prior to any individual performing work under this Agreement, conduct or cause to be conducted a Central Registry (CR) check for each new employee, employee, subcontractor, subcontractor employee, or volunteer who, under this Agreement, works directly with children. information about CR can be found at http://www.michigan.gov/mdhhs/0,5885,7-339- 73971_7119_50648_48330-180331-- ,00. htm I The Grantee shall require each new employee, employee, subcontractor, subcontractor employee, or volunteer who, under this Agreement, works directly with clients or who has access to client information to notify the Grantee in writing of criminal convictions (felony or misdemeanor), pending felony charges, or placement on the Central Registry as a perpetrator, at hire or within 10 days of the event after hiring. If the Grantee is unable to immediately comply with this provision because of existing contracts or agreements then the Grantee must notify BOP and provide a written plan describing why they cannot comply, the steps that will be taken to comply and when the provision will be implemented in their existing contracts or agreements. The Grantee further certifies that the Grantee shall not submit claims for or assign duties under this Agreement to any new employee, employee, subcontractor, subcontractor employee, or volunteer based on a determination by the Grantee that the results of a positive ICHAT and/or a CR response or reported criminal felony conviction or perpetrator identification make the individual ineligible to provide the services. The Grantee must have a written policy describing the criteria on which its determinations shall be made and must document the basis for each determination. The Grantee may consider the recency and type of crime when making a determination. Failure to comply with this provision may be cause for immediate cancellation of this Agreement. In addition, the Grantee must further have a written policy regarding acceptable screening practices of new staff members and volunteers who have direct access to clients and/or client's personal information, which serve to protect the organization and its clients that is clearly defined, The Grantee must also assure that any subcontractors have both of these written policies. If MDHHS determines that an individual provided services under this Agreement for any period prior to completion of the required checks as described above, MDHHS may require repayment of that individual's salary, fringe benefits, and all related costs of employment for the period that the required checks had not been completed. 2.16 Documentation of Wages Charged for Services Performed Upon request of MDHHS, the Grantee shall submit employee activity sheets to support the amount Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program -2017, Date; 0611712016 Page: 10 of 37 of wages charged on the Title IV-D Cooperative Reimbursement Expenditure Report. MDHHS will identify a specific DHS-286 and request the Grantee to submit all employee activity sheets for employees who were charged in whole or in part to MDHHS, along with any other schedules or workpapers necessary to support the amount of wages charged, in accordance with the OMB Uniform Guidance. The Grantee shall provide the requested information no later than 10 days after the request. If, after review of the information, MDHHS determines that the Grantee is in substantial compliance with documentation requirements related to compensation, MDHHS will communicate with the Grantee that no further action is necessary. In the event the Grantee cannot support the amount of wages charged on the Title IV-D Cooperative Reimbursement Expenditure Report, MDHHS may, at its discretion, request recoupment for the difference between the amount charged and the amount that can be supported by the activity sheets. 2.17 Fees and Other Sources of Funding The Grantee guarantees that any claims made to MDHHS under this Agreement shall not be financed by any source other than MDHHS under the terms of this Agreement. If funding is received through any other source, the Grantee agrees to deduct from the amount billed to MDHHS the greater of either the fee amounts, or the actual costs of the services provided. If the Grantee accepts reimbursement from a client in accordance with the terms of the Agreement, the Grantee shall deduct these fees from billings to MDHHS. Other third party funding sources, e.g., insurance companies, may be billed for contracted client services. Third party reimbursement shall be considered payment in full unless the third party fund source requires a co-pay, in which case MDHHS may be billed for the amount of the co-pay. No supplemental billing is allowed, 2.18 Recoupment of Funding and Repayment of Debts a. Recoupment of Funding If the Grantee fails to comply with requirements as set forth in this Agreement, or fails to submit a revised payment request within allotted time frames established by MDHHS in consultation with the Grantee, MDHHS may, at its discretion, recoup or require the Grantee to reimburse payments made under this Agreement which MDHHS has determined that the Grantee has been overpaid. The Grantee is liable for any cost incurred by MDHHS in the recoupment of any funding. Upon notification by MDHHS that repayment is required, the Grantee shall make payment directly to MDHHS within 30 days or MDHHS may withhold current or future payments made under this or any other agreements, current or future, between MDHHS and the Grantee. If the Grantee fails to: (1) correct noncompliance activities identified by MDHHS, (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 30 days, such failure shall constitute grounds to terminate immediately any or all of MDHHS' agreements with the Grantee. MDHHS shall also report noncompliance of the Grantee to Michigan's Department of Technology, Management and Budget. Such report may result in the Grantee's debarment from further contracts with the state of Michigan. b. Repayment of Debts and Other Amounts due MDHHS By entering into this Agreement, the Grantee agrees to honor all prior repayment agreements established by MDHHS with the Grantee or Grantee's predecessors. If the Grantee has an outstanding debt due to MDHHS but does not have a repayment Contract # GSFOC17-63001, County Of Oakland, Title IV-D Cooperafive Reimbursement Program -2017, Date: 08071201e Page: 11 of 37 agreement, the Grantee agrees to make monthly payments to MDHHS at an amount not less than 5% of any outstanding balance and to begin on the date this Agreement is executed. If the Grantee fails to honor prior repayment agreements, or the Grantee fails to begin repayment on an obligation due MDHHS that is not subject to a repayment agreement, MDHHS will initiate the administrative process to reduce payments to the Grantee under this Agreement to recoup the debt. The payment reduction will be made at the amount originally established in the repayment agreement or at an amount not less than 5% of any outstanding balance effective on the date this Agreement is executed. 3. MDHHS RESPONSIBILITIES 3.1 Maximum Amount of Agreement MDHHS hereby agrees to pay the Grantee an amount not to exceed $ 62,238,264.21 ( Sixty Two Million Two Hundred Thirty Eight Thousand Two Hundred Sixty Four and 21/100) for services performed in accordance with the terms of this Agreement exclusively during the period from October 1, 2016 to September 30, 2021. The Total Contract Amount equals 66% State Share plus GFGP. From the total amount, the maximum amount that may be expended during the following periods is: Agreement Period 66% State Share (FFP) GF/GP Amount Total Contract Amount 10/01/2016 through 09/30/2017 10,184,679.81 1,192,292.00 11,376,971.81 10/01/2017 through 09/30/2018 10,693,917.97 1,192,292,00 11,886,209.97 10/01/2018 through 09/30/2019 11,228,610.92 1,192,292.00 12,420,902.92 10/01/2019 through 09/30/2020 11,790,046.71 1,192,292.00 12,982,338.71 10/01/2020 through 09/30/2021 12,379,548.80 1,192,292.00 13,571,840.80 TOTAL: 56,276,804.21 5,961,460.00 62,238,264.21 From the total Net Budget" and GF/GP amounts, the maximum amount the Grantee may expend during the following periods is: Agreement Period Net Budget Amount GF/GP Amount Total Amount 10/01/2016 through 09/30/2017 15,431,333.04 1,192,292.00 16,623,625.04 10/01/2017 through 09/30/2018 16,202,906.01 1,192,292.00 17,395,198.01 10/01/2018 through 09/30/2019 17,013,046.85 1,192,292.00 18,205,338.85 10/01/2019 through 09/30/2020 17,863,707.14 1,192,292.00 19,055,999.14 10/01/2020 through 09/30/2021 18,756,892.12 1,192,292.00 19,949,184.12 TOTAL: 85,267,885.16 5,961,460.00 91,229,345.16 MDHHS shall notify the Grantee of additional funding availability associated with this agreement through a Notice of Funds Available (NFA), DHS-256. The NFA shall be signed by MDHHS and incorporated by reference into this Agreement unless the Grantee sends written notice of disagreement with the terms specified in the NFA within 14 days of its receipt. MDHHS hereby agrees to pay the Grantee 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. 3.2 Performance Evaluation and Monitoring Contract # CSF0C17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/1712016 Page: 12 of 37 The services provided by the Grantee under this Agreement shall be evaluated and assessed at least annually or as described in Appendix A by MDHHS. MDHHS shall perform contract monitoring through activities such as: a. Auditing expenditure reports. b. Conducting on-site monitoring. c. Reviewing and analyzing reports. The Performance standards will be evaluated as follows: MDHHS OCS will provide reports through Business Objects to measure the performance standards described in Appendix A. The training standard will be reported through the Learning Management System when it is implemented. A measure will not be evaluated for the FY if reporting is not available to the Grantee at the start of that FY. On an annual basis, OCS will compare the actual results to the respective performance standards as outlined in Appendix A. A baseline measure for the FY being evaluated will be taken using the previous FY actual results to determine a starting point for each performance standard at the beginning of each FY. If the Grantee meets the performance standard at the end of the FY being evaluated, no further action is necessary. If the Grantee does not meet the performance standard, but has improved 5 percentage points over the baseline measure, no further action is necessary. County-level performance will be reviewed by the Program Leadership Group (PLO) annually. If the Grantee has not met the performance standard and has not improved 5 percentage points over the baseline measure, the PLG will advise OCS on the next appropriate action, including but not limited to requiring a corrective action plan (CAP). OCS will send an email to the office director and provide the comparison, the PLO determination and the subsequent action required by OCS. If OCS requires a CAP, the Grantee shall prepare and submit within 30 days of notification to their designated OCS contract manager a CAP with specific measurable quarterly goals that correct the deficiencies within the next FY (the CAP FY). The CAP must include an explanation of why the deficiency occurred and the specific actions taken/planned. OCS will review the CAP with the PLO as necessary and the PLG will advise OCS on the next appropriate action. OCS will send an email to the office director and provide the PLG determination and the acceptance or rejection of the CAP and any subsequent action required by OCS. If the CAP is not submitted timely, the Grantee fails to comply with the CAP, or there is no improvement at the end of the CAP FY, OCS will consult with PLO regarding next appropriate action and may implement any penalty available by law and/or policy including but not limited to a 50% reduction of the county's federal performance incentives for the subsequent FY and each FY thereafter or termination of the contract. Examples: FY00 is the baseline year FY01 is performance evaluation year 1 FY02 is performance evaluation year 2 FY03 is performance evaluation year 3 FY04 is performance evaluation year 4 FY05 is performance evaluation year 5 Standard: 75% of CARs were evaluated and acted on within 14 days Grantee A baseline (FY00 actual results) = 40%, report is available before the start of FY01 Contract if CSFOC17-83001 , County Of OakJand, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/17/2016 Page: 13 of 37 Grantee A FY01 performance (end of FY01) = 45% Outcome- no action needed due to improving by 5% over previous year Grantee A FY02 performance (end of FY02) = 47% Outcome- corrective action plan required in FY03 for failing to improve by 5% over previous year. Grantee A submits CAP timely in FY03 Outcome- no penalty in FY03 Grantee A FY03 performance (end of FY03) = 55% Outcome — no further action needed for FY04 due to improving by 5% over previous year Grantee B baseline (FY00 actual results) = 60%, report is available before the start of FY01 Grantee B FY01 performance = 80% Outcome- no action needed due to meeting the standard Grantee B FY02 performance = 70% Outcome- corrective action plan required in FY03 for failing to meet the standard or improve by 5% over previous year Grantee B does not submit CAP timely in FY03 Outcome- Grantee may be subject to penalty in FY04 and subsequent years until CAP is submitted based on OCS consultation with PLG Grantee C baseline (FY00 actual results) = 60%, report is available before the start of FY01 Grantee C FY01 performance = 70% Outcome- no action needed due to improving by 5% over the previous year Grantee C FY02 performance = 70% Outcome- corrective action plan required in FY03 due to not improving by 5% over the previous year Grantee C submits CAP timely in FY03 Outcome- no penalty in FY03 Grantee C FY03 performance = 70% Outcome- Grantee may be subject to penalty in FY04 and subsequent years due to insufficient improvement over previous year until performance reaches the standard or improvement is 5% over previous year based on OCS consultation with PLG Grantee D baseline (FY01) = N/A, report not available until some-time in FY01 Grantee D FY01 performance (end of FY01) = 45% Outcome- no action due to report not being available at the beginning of FY01 Grantee D FY02 performance (end of FY02) = 47% Outcome- corrective action plan required in FY03 for not meeting the standard or improve by 5% over the previous year (FY01 is the baseline) Grantee D submits CAP timely in FY03 Outcome- no penalty in FY03 Grantee D FY03 performance = 50% Outcome- Grantee may be subject to penalty in FY04 and subsequent years due to insufficient improvement over previous year until performance reaches the standard or improvement is 5% over previous year based on OCS consultation with PLG Grantee E baseline (FY01) = N/A, report not available Grantee E FY01 performance (end of FY01) = N/A, report not available until some-time in FY02 Outcome- no action due to report not being available at beginning of FY01, it is available sometime in FY02 Contract 4 CSFOC17-63001, County Of Oakland, Title On/-D Cooperative Reimbursement Program - 2017, Date: 08/17/2016 Page: 14 of 37 Grantee E FY02 performance (end of FY02) = 47% Outcome- no action due to report not being available at beginning of FY02 Grantee E FY03 performance (end of FY03) = 60% Outcome- no action needed due to improving by 5% over previous year 3.3 Program Administration MDHHS, as a recipient of federal financial assistance, shall administer the Title IV-D program in Michigan, and shall maintain the approved Title IV-D State Plan consistent with federal requirements. MDHHS shall also distribute program regulations, forms, and instructions to the Grantee through the: • Friend of the Court Manual • Prosecuting Attorney Handbook • Combined IV-D Policy Manual • Michigan IV-D Child Support Manual • Michigan IV-D Memorandum (previously referred to as Action Transmittals) • MI-Support Website. 4. STANDARD TERMS 4.1 Duties of Grantee Grantee must perform the services and provide the deliverables described in Section 2.5 — Services to be Delivered (the "Agreement Activities"). An obligation to provide delivery of any commodity is considered a service and is an Agreement Activity. Grantee must furnish all labor, equipment, materials, and supplies necessary for the performance of the Agreement Activities, and meet operational standards, unless otherwise specified in Section 2.5 — Services to be Delivered. Grantee must: a. Perform the Agreement Activities in a timely, professional, safe, and workmanlike manner consistent with standards in the trade, profession, or industry; b. Meet or exceed the performance and operational standards, and specifications of this Agreement; c, Provide all Agreement Activities in good quality, with no material defects; d. Not interfere with MDHHS's operations; e. Obtain and maintain all necessary licenses, permits or other authorizations necessary for the performance of this Agreement; f. Cooperate with MDHHS, including MDHHS's quality assurance personnel, and any third party to achieve the objectives of this Agreement; g. Return to MDHHS any State-furnished equipment or other resources in the same condition as when provided when no longer required for this Agreement; h. Assign to MDHHS any claims resulting from state or federal antitrust violations to the extent that those violations concern materials or services supplied by third parties toward fulfillment of this Agreement; Comply with all State physical and IT security policies and standards which will be made available upon request; and Provide MDHHS priority in performance of this Agreement except as mandated by federal disaster response requirements. Any breach under this provision is considered a material breach. Grantee must also be clearly identifiable while on State property by wearing identification issued by the State, and clearly identify themselves whenever making contact with the State. Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program -2017, Date: 08/17/2016 Page: 15 of 37 4.2 Notices All notices and other communications required or permitted under this Agreement must be in writing and will be considered given and received: (a) when verified by written receipt if sent by courier; (b) when actually received if sent by mail without verification of receipt; or (c) when verified by automated receipt or electronic logs if sent by facsimile or email. 4.3 Reserved 4.4 Reserved 4.5 Performance Guarantee Grantee must at all times have financial resources sufficient, in the opinion of MDHHS, to ensure performance of this Agreement and must provide proof upon request. MDHHS may require a performance bond if, in the opinion of MDHHS, it will ensure performance of this Agreement. 4.6 Liability Except as otherwise provided by law neither Party shall be obligated to the other, or indemnify the other for any third party claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations or either party under this Agreement, nothing herein shall be construed as a waiver of any governmental immunity for either party or its agencies, or officers and employees as provided by statute or modified by court decisions. 4.7 Reserved 4.8 Reserved 4.9 Independent Grantee Grantee is an independent Grantee and assumes all rights, obligations and liabilities set forth in this Agreement. Grantee, its employees, and agents will not be considered employees of MDHHS, No partnership or joint venture relationship is created by virtue of this Agreement. Grantee, and not MDHHS, is responsible for the payment of wages, benefits and taxes of Grantee's employees and any subcontractors. Prior performance does not modify Grantee's status as an independent Grantee. 4.10 Subcontracting Grantee may not delegate any of its obligations under this Agreement without the prior written approval of MDHHS. Grantee must notify MDHHS at least 90 calendar days before the proposed delegation, and provide MDHHS any information it requests to determine whether the delegation is in its best interest. If approved, Grantee must: a. Be the sole point of contact regarding all contractual matters, including payment and charges for all Agreement Activities; b. Make all payments to the subcontractor; and c. Incorporate the terms and conditions contained in this Agreement in any subcontract with a subcontractor. Grantee remains responsible for the completion of the Agreement Activities, compliance with the terms of this Agreement, and the acts and omissions of the subcontractor. MDHHS, in its sole discretion, may require the replacement of any subcontractor. 4.11 Reserved 4.12 Reserved Contract # CSFOC17-83001, County Of Oakland, Title IV-D Cooperative Reimbursement Program -2017, Date: 0811712016 Page: 16 of 37 4.13 Assignment Grantee may not assign this Agreement to any other party without the prior approval of MDHHS. Upon notice to Grantee, MDHHS, in its sole discretion, may assign in whole or in part, its rights or responsibilities under this Agreement to any other party. If MDHHS determines that a novation of this Agreement to a third party is necessary, Grantee will agree to the novation, provide all necessary documentation and signatures, and continue to perform, with the third party, its obligations under this Agreement. 4.14 Reserved 4.15 Reserved 4.16 Acceptance Agreement Activities are subject to inspection and testing by MDHHS within 30 calendar days of MDHHS's receipt of them ("State Review Period"), unless otherwise provided in Section 2.5 — Services to be Delivered. If the Agreement Activities are not fully accepted by MDHHS, MDHHS will notify Grantee by the end of the State Review Period that either: (a) the Agreement Activities are accepted, but noted deficiencies must be corrected; or (b) the Agreement Activities are rejected. If MDHHS finds material deficiencies, it may: (i) reject the Agreement Activities without performing any further inspections; (ii) demand performance at no additional cost; or (iii) terminate this Agreement in accordance with Section 4.23, Termination for Cause. Within 10 business days from the date of Grantee's receipt of notification of acceptance with deficiencies or rejection of any Agreement Activities, Grantee must cure, at no additional cost, the deficiency and deliver unequivocally acceptable Agreement Activities to MDHHS. If acceptance with deficiencies or rejection of the Agreement Activities impacts the content or delivery of other non- completed Agreement Activities, the parties' respective Program Managers must determine an agreed to number of days for re-submission that minimizes the overall impact to this Agreement. However, nothing herein affects, alters, or relieves Grantee of its obligations to correct deficiencies in accordance with the time response standards set forth in this Agreement. If Grantee is unable or refuses to correct the deficiency within the time response standards set forth in this Agreement, MDHHS may cancel the order in whole or in part. MDHHS, or a third party identified by MDHHS, may perform the Agreement Activities and recover the difference between the cost to cure and the Agreement price plus an additional 10% administrative fee. 4.17 Reserved 4.18 Reserved 4.19 Reserved 4.20 Terms of Payment Invoices must conform to the requirements communicated from time-to-time by MDHHS. All undisputed amounts are payable within 45 days of MDHHS's receipt. Grantee may only charge for Agreement Activities performed as specified in Section 2.5 — Services to be Delivered. Invoices must include an itemized statement of all charges. MDHHS is exempt from State sales tax for direct purchases and may be exempt from federal excise tax, if Services purchased under this Agreement are for MDHHS's exclusive use. Notwithstanding the foregoing, all prices are inclusive of taxes, and Grantee is responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by MDH HS under this Agreement. MDHHS has the right to withhold payment of any disputed amounts until the parties agree as to the validity of the disputed amount. MDHHS will notify Grantee of any dispute within a reasonable time. Payment by MDHHS will not constitute a waiver of any rights as to Grantee's continuing obligations, Contract # CSFOC17-63001, County Of Oakland, TItle IV-D Cooperative Reimbursement Program. 2017, Date: 08117/2016 Page: 17 of 37 including claims for deficiencies or substandard Agreement Activities. Grantee's acceptance of final payment by MDHHS constitutes a waiver of all claims by Grantee against MDHHS for payment under this Agreement, other than those claims previously filed in writing on a timely basis and still disputed. MDHHS will only disburse payments under this Agreement through Electronic Funds Transfer (EFT). Grantee must register with the State at http://www.michigan.gov/cpexpress to receive electronic fund transfer payments. If Grantee does not register, MDHHS is not liable for failure to provide payment. Without prejudice to any other right or remedy it may have, MDHHS reserves the right to set off at any time any amount then due and owing to it by Grantee against any amount payable by MDHHS to Grantee under this Agreement. 4.21 Reserved 4.22 Stop Work Order MDHHS may suspend any or all activities under this Agreement at any time. MDHHS will provide Grantee a written stop work order detailing the suspension. Grantee must comply with the stop work order upon receipt. Within 90 calendar days, or any longer period agreed to by Grantee, MDHHS will either: (a) issue a notice authorizing Grantee to resume work, or (b) terminate this Agreement or purchase order. MDHHS will not pay for Agreement Activities, Grantee's lost profits, or any additional compensation during a stop work period. 4.23 Termination for Cause MDHHS may terminate this Agreement, for cause, by notifying the Grantee in writing, if the Grantee (a) breaches any of its material duties or obligations under this Agreement, or (b) fails to cure a breach within the time period specified in the written notice of breach provided by MDH HS. 4.24 Termination for Convenience MDHHS may terminate this Agreement for its convenience, in whole or part, if MDHHS determines that a termination is in MDHHS's best interest. Reasons for the termination must be left to the sole discretion of MDHHS and may include, but not necessarily be limited to (a) MDHHS no longer needs the services or products specified in this Agreement, (b) relocation of office, program changes, changes in laws, rules, or regulations make implementation of the services no longer practical or feasible, (c) unacceptable prices for additional services or new work requested by MDH HS, or (d) falsification or misrepresentation, by inclusion or non-inclusion, of information material to a response to any RFP issued by MDHHS. MDHHS may terminate this Agreement for its convenience, in whole or in part, by giving Grantee written notice at least 30 days before the date of termination. The Grantee may terminate this Agreement upon 30 days written notice to MDHHS at any time prior to the completion of the Agreement period. 4.25 Transition Responsibilities Upon termination or expiration of this Agreement for any reason, Grantee must, for a period of time specified by MDHHS (not to exceed 90 calendar days), provide all reasonable transition assistance requested by MDHHS, to allow for the expired or terminated portion of the Agreement Activities to continue without interruption or adverse effect, and to facilitate the orderly transfer of such Agreement Activities to MDHHS or its designees. Such transition assistance may include, but is not Limited to: a. Continuing to perform the Agreement Activities at the established Agreement rates; b. Taking all reasonable and necessary measures to transition performance of the work, including all applicable Agreement Activities, training, equipment, software, leases, reports and other documentation, to MDHHS or MDHHS's designee; C, Taking all necessary and appropriate steps, or such other action as MDHHS may direct, to Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08117/2016 Page: 18 of 37 preserve, maintain, protect, or return to MDHHS all materials, data, property, and confidential information provided directly or indirectly to Grantee by any entity, agent, vendor, or employee of MDHHS; d. Transferring title in and delivering to MDHHS, at MDHHS's discretion, all completed or partially completed deliverables prepared under this Agreement as of the Agreement termination date; and e. Preparing an accurate accounting from which MDHHS and Grantee may reconcile all outstanding accounts (collectively, "Transition Responsibilities"). This Agreement will automatically be extended through the end of the transition period. 4.26 Reserved 4.27 Reserved 4.26 Limitation of Liability MDHHS is not liable for consequential, incidental, indirect, or special damages, regardless of the nature of the action. 4.29 Disclosure of Litigation, or Other Proceeding Grantee must notify MDHHS within 14 calendar days of receiving notice of any litigation, investigation, arbitration, or other proceeding (collectively, "Proceeding") involving Grantee, a subcontractor, or an officer or director of Grantee or subcontractor, that arises during the term of this Agreement, including: a. A criminal Proceeding; b. A parole or probation Proceeding; c. A Proceeding under the Sarbanes-Oxley Act; d. A civil Proceeding involving: 1) A claim that might reasonably be expected to adversely affect Grantee's viability or financial stability; or 2) A governmental or public entity's claim or written allegation of fraud; or e. A Proceeding involving any license that Grantee is required to possess in order to perform under this Agreement. 4.30 Reserved 4.31 Data Ownership a. Definitions. State Data is defined as any data entered on, stored in, extracted from any state or federal child support system or record. Grantee data; the grantee may collect, use and store on its own systems or in its own records data related to a child support case, this data although not state data is subject to sections 4.32 and 4.33 of this agreement. (Note: State Data or Grantee Data as defined in this section are to be read as consistent with and not limiting to child support data as defined in the Title IV-D Standards.) This Section survives the termination of this Agreement. b. Grantee Use of State Data. Grantee is provided a limited license to State Data for the sole and exclusive purpose of providing the Agreement Activities, including a license to collect, process, store, generate, and display State Data only to the extent necessary in the provision of the Agreement Activities. Grantee must: 1) Use and disclose State Data solely and exclusively for the purpose of providing the Agreement Activities, such use and disclosure being in accordance with this Agreement, any applicable Statement of Work, and applicable law. Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/17/2016 Page: 19 of 37 C. State Use of Grantee Data. Any data maintained on the Grantee' systems or in its records related to child support cases must be available as necessary to MDHHS. On MDHHS's request, Grantee will provide to MDHHS any Grantee Data needed to assist MDHHS in administering the child support program. To ensure business continuity, Grantee is responsible for maintaining a backup of the Grantee Data that can be recovered within a reasonable time as agreed to considering the storage method and or the type of record. This Section survives the termination of this Agreement. This Section survives the termination of this Agreement. 4.32 Non-Disclosure of Confidential Information The provisions of this Section survive the termination of this Agreement. (Note: "Confidential Information" as defined in this Section is to be read as consistent with and not limiting to the confidentiality requirements contained in the Title IV-D Standards.) a. Meaning of Confidential Information. For the purposes of this Agreement, the term "Confidential Information" means all information and documentation of a party that: 1) Is either State Data or Grantee Data identified as confidential information in the 45 CFR 303.21, the Michigan IV-D Child Support Manual, the OCSE Security Addendum or the Internal Revenue Service (IRS) Publication 1075 and includes but is not limited to: a) Personally identifiable information ("PU") collected, used, processed, stored, or generated as the result of the Agreement Activities, including, without limitation, any information that identifies an individual, such as an individual's social security number or other government-issued identification number, date of birth, address, telephone number, biometric data, mother's maiden name, email address, credit card information, employment information, financial information or an individual's name in combination with any other of the elements here listed; and, b) Personal health information ("PHI") collected, used, processed, stored, or generated as the result of the Agreement Activities, which is defined under the Health Insurance Portability and Accountability Act (HIPAA) and its related rules and regulations. State Data is and will remain the sole and exclusive property of MDHHS and all right, title, and interest in the same is reserved by MDHHS. c) Federal Parent Locator Service (FPLS) information, which consists of the National Directory of New Hire (NDNH), Debtor File, Federal Case Registry (FCR) and all associated applications and resources, The NDNH, Debtor File, and FCR are components of the federal Office of Child Support Enforcement's (OCSE's) automated national information system which locates employment, income, asset, and home address information on parents in child support cases for state CS agencies. d) Federal Tax Information (FTI), which is any tax return or tax return information received from the Internal Revenue Service (IRS) or secondary source, such as the Social Security Administration (SSA) or OCSE. b. Obligation of Confidentiality. The Grantee agrees to maintain and or use the confidential data in accordance with 45 CFR 303.21, the Michigan IV-D Child Support Manual, the Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program -2017, Date: 08/17/2016 Page: 20 of 37 OCSE Security Addendum or the Internal Revenue Service (IRS) Publication 1075 and to maintain a Data Privacy and Information Security program as described in section 4.33 of this agreement. The Grantee agrees to advise and require its' respective employees, agents, and subcontractors of their obligations to keep all Confidential Information confidential. Disclosure to a subcontractor is permissible where: 1) Use of and disclosure to a subcontractor is authorized under this Agreement; 2) The disclosure is necessary or otherwise naturally occurs in connection with work that is within the subcontractor's responsibilities; and 3) Grantee obligates the subcontractor in a written contract to maintain MDHHS's Confidential Information in confidence. At MDHHS's request, any employee of Grantee or any subcontractor may be required to execute a separate agreement to be bound by the provisions of this Section. c, Loss of Confidential Data. In the event of any Grantee's act, error or omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of either State Data or Grantee Data or the physical, technical, administrative, or organizational safeguards put in place by Grantee that relate to the protection of the security, confidentiality, or integrity of State Data or Grantee Data, Grantee must, as applicable: 1) Notify MDHHS in accordance with Section 1.10, "Confidentiality/Security" of the IV-D Child Support Manual immediately but no later than one hour after becoming aware of such occurrence; 2) Cooperate with MDHHS in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by MDHHS; 3) In the case of Pll or PHI, at MDHHS's sole election, (i) notify the affected individuals who comprise the Pll or PHI as soon as practicable but no later than is required to comply with applicable law, or, in the absence of any legally required notification period, within five calendar days of the occurrence; or (ii) reimburse MDHHS for any costs in notifying the affected individuals; 4) The MDHHS and the grantee may agree, depending on the severity of the circumstances in the case of P11, that the grantee may be required to provide third-party credit and identity monitoring services to each of the affected individuals who comprise the PII. 6) Perform or take any other actions required to comply with applicable law as a result of the occurrence; 6) Be responsible for recreating lost State Data in the manner and on the schedule set by MDHHS without charge to MDHHS; and, 7) Provide to MDHHS a detailed plan within 10 calendar days of the occurrence describing the measures Grantee will undertake to prevent a future occurrence. Notification to affected individuals, as described above, must comply with applicable law, be written in plain language, and contain, at a minimum: name and contact information of Grantee's representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Grantee has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring Contract # CSFOC17-63001, County Of Oakland, Title IV-0 Cooperative Reimbursement Program -2017, Date: 08/17/2016 Page: 21 of 37 services to be provided by Grantee. 4.33 Data Privacy and Information Security a. Undertaking by Grantee Without limiting Grantee's obligation of confidentiality as further described, Grantee is responsible for establishing and maintaining a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that is designed to: 1) As described in the Title IV-D Standards (specifically) 45 CFR 303.21 and 307.13 ensure the security and confidentiality of the confidential data; 2) As described in the Title IV-D Standards protect against any anticipated threats or hazards to the security or integrity of the confidential data as described; 3) As described in the Title IV-D Standards protect against unauthorized disclosure, access to, or use of the confidential data; 4) As described in the Title IV-D Standards ensure the proper disposal of the confidential data. data 5) Comply with the requirements of any County IV-D Office remote access agreements executed with the Office of Child Support 6) Comply with the requirements of the federal Office of Child Support Enforcement (OCSE) Security Agreement (which will be provided by MDHHS-OCS upon request until such time the Grantee is notified by MDHHS-OCS that it is posted to a link located on mi-support) and ensure that a copy has been provided to and acknowledged by the Grantee's information technology provider. 7) Comply with the requirements of the IRS Publication 1075 (which will be provided by MDHHS-OCS upon request until such time the Grantee is notified by MDHHS-OCS that it is posted to a link located on MI-support) As part of this requirement the Grantee agrees with the following: In performance of this Agreement, the Grantee agrees to comply with and assume responsibility for compliance by his or her employees with the following requirements: a) All work will be performed under the supervision of the Grantee or the Grantee's responsible employees. b) Any Federal tax returns or return information (hereafter referred to as returns or return information) made available shall be used only for the purpose of carrying out the provisions of this Agreement. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this Agreement. Inspection by or disclosure to anyone other than an officer or employee of the Grantee is prohibited. c) All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output and products will be given the same level of protection as required for the source material. d) No work involving returns and return information furnished under this Agreement will be subcontracted without prior written approval of the IRS. e) The Grantee will maintain a list of employees authorized access. Such list will be provided to the agency and, upon request, to the IRS reviewing office. Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program -2017, Date: 08/17/2016 Page: 22 of 37 MDHHS will have the right to void the Agreement if the Grantee fails to provide the safeguards described above. g) Criminal/Civil Sanctions 1. Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as five years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized future disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRCs 7213 and 7431 and set forth at 26 CFR 301.6103(n)-1. 2. Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this Agreement. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this Agreement. Inspection by or disclosure to anyone without an official need-to-know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000.00 or imprisonment for as long as 1 year, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized inspection or disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount equal to the sum of the greater of $1,000.00 for each act of unauthorized inspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. The penalties are prescribed by IRCs 7213A and 7431. 3. Additionally, it is incumbent upon the Grantee to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to Grantees by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a Grantee, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is Contract # CSFOC17-63001, County Of Oakland, Title €V-D Cooperative Reimbursement Program - 2017, Cate: 08/17/2016 Page: 23 of 37 prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $6,000. 4. Granting a Grantee access to FTI must be preceded by certifying that each individual understands the agency's security policy and procedures for safeguarding IRS information. Grantees must maintain their authorization to access FTI through annual recertification. The initial certification and recertification must be documented and placed in the agency's files for review. As part of the certification and at least annually afterwards, Grantees must be advised of the provisions of IRCs 7431, 7213, and 7213A. The training provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting unauthorized disclosures and data breaches. For both the initial certification and the annual certification, the Grantee must sign, either with ink or electronic signature, a confidentiality statement certifying their understanding of the security requirements. h) Inspection I. The IRS and the Agency shall have the right to send its officers and employees into the offices and plants of the Grantee for inspection of the facilities and operations provided for the performance of any work under this Agreement. On the basis of such inspection, specific measures may be required in cases where the Grantee is found to be noncompliant with Agreement safeguards. 8) Comply with all applicable Michigan Department of Technology, Management & Budget (DTMB) Technical Policies, Standards, and Procedures (which will be provided by MDHHS-OCS upon request). 9) Comply with all MDHHS-OCS security and confidentiality policies (located on mi- support at https://mi-support.state.mi.us/Policy/1.10.pdf). b. Independent Security Audit At least once every three years, the Grantee must obtain an independent security audit that evaluates its compliance with the management, operational, and technical controls required by the OCSE Security Agreement, IRS Publication 1075, DTMB Technical Policies, Standards, and Procedures, and MDHHS-OCS security and confidentiality policies. The audit must be conducted by an unbiased, independent entity. The entity must issue an audit report that includes detailed findings and recommendations to improve the Grantee's procedures, practices and systems in order to meet the control requirements. The Grantee must provide the report to MDHHS. The following audits will meet this requirement: • IRS Safeguards Review conducted by the IRS; or • Review conducted by an independent auditing/security review firm. Under the current Information Technology (IT) support model, a biennial MDHHS-OCS IRS Internal Inspection site visit meets this requirement for State-Managed offices, but does not completely meet this requirement for County-Managed offices. The biennial MDHHS-OCS Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08117/2016 Page: 24 of 37 IRS Internal Inspection site visits only review business processes; they do not review IT systems that access, store, or process confidential child support information. C. Right of Audit by the State Without limiting any other audit rights of MDHHS, MDHHS has the right to review Grantee's data privacy and information security program prior to the commencement of Agreement Activities and from time to time during the term of this Agreement. During the providing of the Agreement Activities, on an ongoing basis from time to time and without notice, MDHHS, at its own expense, is entitled to perform, or to have performed, an on-site audit of Grantee's data privacy and information security program. In lieu of an on-site audit, upon request by MDHHS, Grantee agrees to complete, within 45 calendar days of receipt, an audit questionnaire provided by MDHHS regarding Grantee's data privacy and information security program. d. Audit Findings Grantee must implement any required safeguards as identified by MDHHS or by any audit of Grantee's data privacy and information security program. 4.34 Reserved 4.35 Reserved 4,36 Records Maintenance, Inspection, Examination, and Audit MDHHS or its designee may audit Grantee to verify compliance with this Agreement. Grantee must retain, and provide to MDHHS or its designee and the auditor general upon request, all financial and accounting records related to this Agreement through the term of this Agreement and for four years after the latter of termination, expiration, or final payment under this Agreement or any extension ("Audit Period"). If an audit, litigation, or other action involving the records is initiated before the end of the Audit Period, Grantee must retain the records until all issues are resolved. Within 10 calendar days of providing notice, MDHHS and its authorized representatives or designees have the right to enter and inspect Grantee's premises or any other places where Agreement Activities are being performed, and examine, copy, and audit all records related to this Agreement. Grantee must cooperate and provide reasonable assistance. If any financial errors are revealed, the amount in error must be reflected as a credit or debit on subsequent invoices until the amount is paid or refunded. Any remaining balance at the end of this Agreement must be paid or refunded within 45 calendar days. This Section applies to Grantee, any parent, affiliate, or subsidiary organization of Grantee, and any subcontractor that performs Agreement Activities in connection with this Agreement. 4.37 Warranties and Representations Grantee represents and warrants: a. Grantee is the owner or licensee of any Agreement Activities that it licenses, sells, or develops and Grantee has the rights necessary to convey title, ownership rights, or licensed use; b. All Agreement Activities are delivered free from any security interest, lien, or encumbrance and will continue in that respect; c. The Agreement Activities will not infringe the patent, trademark, copyright, trade secret, or other proprietary rights of any third party; d. Grantee must assign or otherwise transfer to MDHHS or its designee any manufacturer's warranty for the Agreement Activities; e. The Agreement Activities are merchantable and fit for the specific purposes identified in this Agreement; Contract # CSFOC17-83001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08117/2018 Page: 25 0137 The Agreement signatory has the authority to enter into this Agreement; All information furnished by Grantee in connection with this Agreement fairly and accurately represents Grantee's business, properties, finances, and operations as of the dates covered by the information, and Grantee will inform MDHHS of any material adverse changes; and h. All information furnished and representations made in connection with the award of this Agreement is true, accurate, and complete, and contains no false statements or omits any fact that would make the information misleading. A breach of this Section is considered a material breach of this Agreement, which entitles MD1-11-15 to terminate this Agreement under Section 4.23, Termination for Cause. 4.38 Conflicts and Ethics Grantee will uphold high ethical standards and is prohibited from: a. Holding or acquiring an interest that would conflict with this Agreement; b. Doing anything that creates an appearance of impropriety with respect to the award or performance of this Agreement; c. Attempting to influence or appearing to influence any State employee by the direct Or indirect offer of anything of value; or d. Paying or agreeing to pay any person, other than employees and consultants working for Grantee, any consideration contingent upon the award of this Agreement. Grantee must immediately notify MDHHS of any violation or potential violation of these standards. This Section applies to Grantee, any parent, affiliate, or subsidiary organization of Grantee, and any subcontractor that performs Agreement Activities in connection with this Agreement. 4.39 Compliance with Laws Grantee must comply with all federal, state and local laws, rules and regulations. 4.40 Reserved 4.41 Nondiscrimination Under the Elliott-Larsen Civil Rights Act, 1976 PA 463, MCL 37.2101, et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., Grantee and its subcontractors agree not to discriminate against an 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, marital status, or mental or physical disability. Breach of this covenant is a material breach of this Agreement. 4.42 Unfair Labor Practice Under MCL 423.324, MDHHS may void any Agreement with a Grantee or subcontractor who appears on the Unfair Labor Practice register complied under MCL 423.322. 4.43 Governing Law This Agreement is governed, construed, and enforced in accordance with Michigan law, excluding choice-of-law principles, and all claims relating to or arising out of this Agreement are governed by Michigan law, excluding choice-of-law principles. Any dispute arising from this Agreement must be resolved in Michigan Court of Claims. Grantee consents to venue in Ingham County, and waives any objections, such as lack of personal jurisdiction or forum non conveniens. Grantee must appoint agents in Michigan to receive service of process. 4.44 Non-Exclusivity Nothing contained in this Agreement is intended nor will be construed as creating any requirements contract with Grantee. This Agreement does not restrict the State or its agencies from acquiring similar, equal, or like Agreement Activities from other sources. Contrast # CSFOC17-63001, County Of Oakland, TItle 1V-D Cooperative Reimbursement Program - 2017, Date: 08117/2016 Page: 26 of 37 4.45 Force Majeure Neither party will be in breach of this Agreement because of any failure arising from any disaster or acts of god that are beyond their control and without their fault or negligence. Each party will use commercially reasonable efforts to resume performance. Grantee will not be relieved of a breach or delay caused by its subcontractors. If immediate performance is necessary to ensure public health and safety, MDHHS may immediately contract with a third party. 4.46 Dispute Resolution The parties will endeavor to resolve any Agreement dispute in accordance with this provision. The dispute will be referred to the parties' respective Contract Administrators or Program Managers. Such referral must include a description of the issues and all supporting documentation. The parties must submit the dispute to a senior executive if unable to resolve the dispute within 15 business days. The parties will continue performing while a dispute is being resolved, unless the dispute precludes performance. A dispute involving payment does not preclude performance. Litigation to resolve the dispute will not be instituted until after the dispute has been elevated to the parties' senior executive and either concludes that resolution is unlikely, or fails to respond within 15 business days. The parties are not prohibited from instituting formal proceedings: (a) to avoid the expiration of statute of limitations period; (b) to preserve a superior position with respect to creditors; or (c) where a party makes a determination that a temporary restraining order or other injunctive relief is the only adequate remedy. This Section does not limit MDHHS's right to terminate this Agreement. 4.47 Media Releases News releases identifying MDHHS and (including promotional literature and commercial advertisements) pertaining to the Agreement or project to which it relates that specifically refer to or include mention of MDHHS must not be made without prior written MDHHS approval, and then only in accordance with the explicit written instructions of MDHHS. 4.48 Website Incorporation MDHHS is not bound by any content on Grantee's website unless expressly incorporated directly into this Agreement. 4.49 Reserved 4.50 Severability If any part of this Agreement is held invalid or unenforceable, by any court of competent jurisdiction, that part will be deemed deleted from this Agreement and the severed part will be replaced by agreed upon language that achieves the same or similar objectives. The remaining Agreement will continue in full force and effect. 4.51 Waiver Failure to enforce any provision of this Agreement will not constitute a waiver. 4.52 Survival The provisions of this Agreement that impose continuing obligations, including warranties and representations, termination, transition, insurance coverage, indemnification, and confidentiality, will survive the expiration or termination of this Agreement. 4.53 Entire Agreement and Modification This Agreement is the entire agreement and replaces all previous agreements between the parties for the Agreement Activities. This Agreement may not be amended except by signed agreement between the parties. The Grantee shall, upon request of MDHHS and receipt of a proposed amendment, amend this Agreement, if and when required in the opinion of MDHHS, due to the revision of federal or state Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/17/2016 Page. 27 01 37 laws or regulations. 4.54 Options to Renew At the discretion of MDHHS, this Agreement may be renewed in writing by an amendment not less than 30 days before its expiration. This Agreement may be renewed for up to two additional one- year periods. 4.55 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The Grantee certifies to the best of its knowledge that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal or state department or agency. b. Have not within a three-year period preceding this Agreement been convicted of or had civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in 28 CFR 67, et sec. d. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause and default. Where the parties are unable to certify to any of the statements in this certification, the Grantee shall attach an explanation to this Agreement. The Grantee certifies to the best of its knowledge that within the past three years, the Grantee has not; a. Failed to substantially perform a state contract, agreement, or subcontract according to its terms, conditions, and specifications within specified time limits. b. Refused to provide information or documents required by a contract or agreement including, but not limited to information or documents necessary for monitoring contract performance. c. Failed to respond to requests for information regarding contract or agreement compliance, or accumulated repeated substantiated complaints regarding performance of a contract or agreement. d. Failed to perform a state contract, agreement, or subcontract in a manner consistent with any applicable state or federal law, rule, regulation, order, or decree. The Grantee shall include Section 4.55 (Certification Regarding Debarment, Suspension, and Other Responsibility Matters) language as written above in all subcontracts with other parties. The Grantee shall require each primary subcontractor, whose subcontract will exceed $25,000, to disclose to the Grantee, in writing, whether at the time of the award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the state of Michigan. The Grantee shall then inform MDH HS of the subcontractor's status and reasons for the Grantee's decision to use such subcontractor, if the Grantee so decides. If it is determined that the Grantee knowingly rendered an erroneous certification under this provision, in addition to the other remedies available to the state, MDHHS may immediately terminate this Agreement. lithe state finds that grounds to debar exist, it shall send notice to the Grantee of proposed debarment indicating the grounds for proposed debarment and the procedures for requesting a Contrad # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/17/2016 Page: 28 of 37 hearing. If the Grantee does not respond with a written request for a hearing within 20 calendar days, the state shall issue the decision to debar without a hearing. The debarment period may be of any length up to eight years, After the debarment period expires, the Grantee may reapply for inclusion on bidder lists through the regular application process by authority of Executive Order 2003-1. Appendix A: Child Support Service Types Combined Agreements: Enforcement Services and Establishment Services While performing Friend of the Court and Prosecuting Attorney Services in accordance with Section 2.5 of this Agreement, the Grantee shall establish paternity, obtain child support court orders and enforce and seek modification of all child support orders, over which it has jurisdiction and shall: 1) Make IV-D services available to all eligible persons. 2) Provide collection services. 3) Enforce support obligations as defined in MCL 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 Posting Security, Bond or Guarantee for Overdue Support Informing the Consumer Reporting Agency h) License Suspension i) Contempt Proceedings j) Medical Support k) Interstate Enforcement Action I) Financial Institution Data Match including abiding by the Delegation Agreement in accordance with Central Financial Institution Data Match (FIDM) Business Rules for the purpose of Administrative Lien and Levy of financial assets. m) Denying or Revoking Passports 4) Review and modify support orders using the "Michigan Child Support Formula Manual". 5) Perform locate actions when necessary. 6) Cooperate with other states in establishment services and 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) Records Maintenance e) Have a designated point of contact for issue resolution with partners Have publically available phone contact information for child support participants 9) Make grievance forms available to the public and respond to grievance forms within 30 days of receipt of the grievance in accordance with MCL552.526 8) Receive, account for, and process voluntary support payments. 9) For the purpose of the Title IV-D Self-Assessment as described in 45 CFR 308.2: Contract # CSFOC17-63001, County Of Oakland, Tito IV-D CooperatIve Reimbursement Program -2017, Date: 08/17/2(116 Page: 29 of 37 a) Allow MDHHS and its' identified agents access to case records. b) Read required case reads posted by OCS to rill-support and evaluate them against the compliance criteria and report the results to OCS 10) If applicable, enter into a Memorandum of Understanding with its County Prosecuting Attorney in accordance with IV-D Memorandum 11) Make all reasonable efforts to establish paternity and secure orders as needed for the establishment of court ordered child supp a) Ensure that establishment functions not already included above in this Agreement are performed, including but not limited to: the timely assignment of paternity and support establishment cases; and proper management of the preparation of activity and financial reports. b) Including specific parenting time provisions incidental to establishing the initial child support order when both parties agree and in the best interests of the child. As described in Section 2.5, the Grantee shall comply with the following Performance Standards: The Training performance standard will be effective as of the begin date of the Agreement. The Court Action Referral (CAR) Processing, Locate, Service of Process (SOP), Order Establishment, Review and Modification, Medical Support and Timely Enforcement performance standards will be effective as of the effective date of the agreement and when the performance standard monitoring report(s) is/are available. If the report(s) is not /are not available for a particular performance standard on the effective date of the agreement then the effective date for that standard will be the first full fiscal year of the agreement that starts after the report(s) is/are available. 1) CAR Processing • CARS are evaluated and acted upon (progressed from "EVCAR" to the next minor activity on the Legal Processing [LPRO] screen) pursuant to IV-D policy and recorded in MiCSES within 14 calendar days of receipt. 2) Locate Cases must have, documented in MiCSES, at least one locate attempt using either automated or manual methods (including but not limited to an FCR or NCOA submission, or accessing MiCSES or Business Objects locate results or postal verification) within 75 days of a non-custodial parent (NCP) being unlocated and no payment was received within the last 6 months and at least once every 90 days thereafter until located. 3) SOP Successful SOP pursuant to Michigan IV-D Child Support Manual Section 4.15. 4) Order Establishment IV-D cases must have an order established pursuant to Michigan IV-D Child Support Manual Section 4.15 within 6 months for child support (DS) and paternity (DP) cases. 5) Review and Modification Complete the Modification and Review process as described in the Michigan IV-D Child Support Manual, Section 3.45 within 180 days of request or locating the non-requesting parent or other initiation of the review or modification. 6) Medical Support Child support orders must contain provisions ordering one or both parties to provide medical insurance or cash medical support. 7) Timely Enforcement • Initiate or continue enforcement within thirty days of locating an NCP for all cases utilizing Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/1712016 Page: 30 of 37 either manual or automated tools other than FTRO and STRO. 8) Training IV-D staff must take customer service training. Customer service training shall be training related to staff's direct interaction with the public and an include OCS offered courses, locally offered, in person or on-line IV-D staff must take MICSES training. This includes OCS offered courses including introductory courses or subject specific courses. These courses may be instructor-led, training webinars, or webcasts. As described in Section 3.2, the Grantee shall comply with the following Performance Evaluation and Monitoring: The performance standards are considered to be met as follows: 1) CAR Processing 75% of CARs were evaluated and acted on pursuant to IV-D policy and recorded in MICSES within 14 calendar days. 2) Locate • 75% of cases had documented in MiCSES a locate attempt within 75 days of an NCP being unlocated and every 90 days thereafter until located. 3) SOP 75% of cases had a successful SOP pursuant to Michigan IV-D Child Support Manual Section 4.15, Note: If from the date of the court action referral initiation, there are at least 75 days remaining in the federally required 90-day SOP timeframe (the timeframe is maintained in MICSES as the federal expiration dates [aka 'FED"]), then the SOP requirement pursuant to Michigan IV-D Child Support Manual Section 4,15 must be met and those cases are included in the evaluation. Any cases in which MiCSES calculated the federal expiration dates before March 4, 2016 are excluded from the evaluation of the performance standard. 4) Order Establishment 75% of child support (DS) and paternity (DP) cases have an order established pursuant to Michigan IV-D Child Support Manual Section 4.15 within 6 months. 5) Review and Modification The review and modifications are performed in accordance with the Michigan IV-D Child Support Manual, Section 3.45 and 75% are completed within 180 days. 6) Medical Support 75% of cases include provisions ordering one or both parties to provide medical insurance or cash medical support. 7) Timely Enforcement Enforcement was initiated or continued within thirty days of locating an NCP in 75% of cases. Training Approximately 50% of IV-D staff take customer service training each fiscal year, 100% of IV- D staff take customer service training every two fiscal years. Approximately 50% of IV-D staff take MiCSES training each fiscal year. 100% of IV-D staff take MiCSES training every two fiscal years. Contract # CSFOC17-83001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/1712016 Page: 31 of 37 Friend of the Court: Enforcement Services While performing Friend of the Court Services, in accordance with Section 2.5 of this Agreement, the Grantee shall enforce and seek modification of all child support orders, over which it has jurisdiction and shall: 1) Make IV-D services available to all eligible persons. 2) Provide collection services. 3) Enforce support obligations as defined in MCL 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 Posting Security, Bond or Guarantee for Overdue Support Informing the Consumer Reporting Agency h) License Suspension i) Contempt Proceedings Medical Support k) Interstate Enforcement Action I) Financial Institution Data Match including abiding by the Delegation Agreement in accordance with Central Financial Institution Data Match (FIDM) Business Rules for the purpose of Administrative Lien and Levy of financial assets. m) Denying or Revoking Passports 4) Review and modify support orders using the "Michigan Child Support Formula Manual". 5) Perform locate actions 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) Records Maintenance e) Have a designated point of contact for issue resolution with partners Have publically available phone contact information for child support participants 9) Make grievance forms available to the public and respond to grievance forms within 30 days of receipt of the grievance in accordance with MCL552.526 8) Receive, account for, and process voluntary support payments. 9) For the purpose of the Title IV-D Self-Assessment as described in 45 CFR 308.2: a) Allow MDHHS and its' identified agents access to case records. b) Read required case reads posted by OCS to mi-support and evaluate them against the compliance criteria and report the results to OCS. As described in Section 2.5, the Grantee shall comply with the following Performance Standards: The Training performance standard will be effective as of the begin date of the Agreement. The Review and Modification, Locate, Medical Support and Timely Enforcement performance standards will be effective as of Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08117/2016 Page: 32 of 37 the effective date of the agreement and when the performance standard monitoring report(s) is/are available. If the report(s) is not /are not available for a particular performance standard on the effective date of the agreement then the effective date for that standard will be the first full fiscal year of the agreement that starts after the report(s) is/are available. 1) Review and Modification Complete the Modification and Review process as described in the Michigan IV-D Child Support Manual, Section 3.45 within 180 days of request or locating the non-requesting parent or other initiation of the review or modification. 2) Locate Cases must have, documented in MiCSES, at least one locate attempt using either automated or manual methods (including but not limited to an FCR or NCOA submission, or accessing MiCSES or Business Objects locate results or postal verification) within 75 days of a non-custodial parent (NCP) being unlocated and no payment was received within the past 6 months, and at least once every 90 days thereafter until located. 3) Medical Support Child support orders must contain provisions ordering one or both parties to provide medical insurance or cash medical support. 4) Timely Enforcement Initiate or continue enforcement within thirty days of locating an NCP for all cases utilizing either manual or automated tools other than FTRO and STRO. 5) Training IV-D staff must take customer service training. Customer service training shall be training related to staff's direct interaction with the public and can include OCS offered courses, locally offered, in person or on-line. IV-D staff must take MiCSES training. This includes OCS offered courses including introductory courses or subject specific courses. These courses may be instructor-led, training webinars, or webcasts. As described in Section 3.2, the Grantee shall comply with the following Performance Evaluation and Monitoring: The performance standards are considered to be met as follows: 1) Review and Modification The review and modifications are performed in accordance with the Michigan IV-D Child Support Manual, Section 3.45 and 75% are completed within 180 days. 2) Locate • 75% of cases had documented in MICSES a locate attempt within 75 days of an NCR being unlocated and every 90 days thereafter until located. 3) Medical Support 75% of cases include provisions ordering one or both parties to provide medical insurance or cash medical support. 4) Timely Enforcement • Enforcement was initiated or continued within thirty days of locating an NCP in 75% of cases. 5) Training Approximately 50% of IV-D staff take customer service training each fiscal year. 100% of IV- D staff take customer service training every two fiscal years. Contract # CSFOC17-63001, County Of Oakland, Title MD Cooperative Reimbursement Program - 2017, Date: 00117/2016 Page: 33 of 37 Approximately 50% of IV-D staff take MiCSES training each fiscal year. 100% of IV-D staff take MiCSES training every two fiscal years. Prosecuting Attorney: Establishment Services While performing Prosecuting Attorney Services, in accordance with Section 2.5 of this Agreement, the Grantee shall establish paternity, obtain child support court orders, enforce all child support orders over which it has jurisdiction, and shall: 1) Perform locate actions when necessary. 2) Cooperate with other states in establishment services and for enforcement of child support orders. 3) Maintain the following administrative processes: a) Fiscal Policies and Accountability b) Bonding of Employees c) Separation of Cash Handling and Accounting Functions d) Records Maintenance e) Have a designated point of contact for issue resolution with partners Have publically available phone contact information for child support participants 4) For the purpose of the Title IV-D Self-Assessment as described in 45 CFR 308.2: a) Allow MDHHS and its' identified agents access to case records b) Read required case reads posted by OCS to mi-support and evaluate them against the compliance criteria and report the results to OCS 5) Make IV-D services available to all eligible persons, in the exercise of the prosecutorial duties. 6) Make all reasonable efforts to establish paternity and secure orders as needed for the establishment of court ordered child supp a) Ensure that establishment functions not already included above in this Agreement are performed, including but not limited to: the timely assignment of paternity and support establishment cases; and proper management of the preparation of activity and financial reports. b) Including specific parenting time provisions incidental to establishing the initial support order when both parties agree and in the best interests of the child. 7) At your discretion, engage in prosecution of felony non-support cases. As described in Section 2.5, The Grantee shall comply with the following Performance Standards: The Training performance standard will be effective as of the begin date of the Agreement. The Court Action Referral (CAR) Processing, Locate, Service of Process (SOP), Order Establishment and Medical Support performance standards will be effective as of the effective date of the agreement and when the performance standard monitoring report(s) is/are available. If the report(s) is not /are not available for a particular performance standard on the effective date of the agreement then the effective date for that standard will be the first full fiscal year of the agreement that starts after the report(s) is/are available. 1) CAR Processing • CARS are evaluated and acted upon (progressed from "EVCAR" to the next minor activity on the Legal Processing [LPRO] screen) pursuant to IV-D policy and recorded in MiCSES within 14 calendar days of receipt. 2) Locate Cases must have, documented in MiCSES, at least one locate attempt using either automated or manual methods (including but not limited to an FCR or NCOA submission or Contract # CSFOC17-63001, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date; 08117/2016 Page: 34 of 37 accessing MICSES or Business Objects locate results or postal verification) within 75 days of a non-custodial parent (NCP) being unlocated and no payment was received in the Last 6 months, and at least once every 90 days thereafter until located. 3) SOP Successful SOP pursuant to Michigan IV-D Child Support Manual Section 4,15. 4) Order Establishment IV-D cases must have an order established within 6 months pursuant to Michigan IV-D Child Support Manual Section 4.15 for child support (DS) and paternity (DP) cases. 5) Medical Support Child support orders must contain provisions ordering one or both parties to provide medical insurance or cash medical support. 6) Training IV-D staff take customer service training. Customer service training shall be training related to staffs direct interaction with the public and can include OCS offered courses, locally offered, in person or on-line. IV-D staff must take MiCSES training. This includes OCS offered courses including introductory courses or subject specific courses. These courses may be instructor-led, training webinars, or webcasts. As described in Section 3.2, the Grantee shall comply with the following Performance Evaluation and Monitoring: The performance standards are considered to be met as follows: 1) CAR Processing • 75% of CARs were evaluated and acted on pursuant to IV-D policy and recorded in MICSES within 14 calendar days. 2) Locate 75% of cases had documented in MiCSES a locate attempt within 75 days of an NCP being unlocated and every 90 days thereafter until located. 3) SOP 75% of cases had a successful SOP pursuant to Michigan IV-D Child Support Manual Section 4.15. Note: If from the date of the court action referral initiation, there are at least 75 days remaining in the federally required 90-day SOP timeframe (the timeframe is maintained in MiCSES as the federal expiration dates [aka "FED"]), then the SOP requirement pursuant to Michigan IV-D Child Support Manual Section 4.15 must be met and those cases are included in the evaluation. Any cases in which M1CSES calculated the federal expiration dates before March 4, 2016 are excluded from the evaluation of the performance standard. 4) Order Establishment 75% of child support (DS) and paternity (DP) cases had an order established pursuant to Michigan IV-D Child Support Manual Section 4.15 within 6 months. 5) Medical Support 75% of cases include provisions ordering one or both parties to provide medical insurance or cash medical support. 6) Customer Service Approximately 50% of IV-D staff take customer service training each fiscal year. 100% of IV- D staff take customer service training every two fiscal years. Contract # CSFOC17-63001 County Of Oakland, Title IV-D Cooperative Reimbursement Program -2017, Date: 08/17/2016 Page: 35 of 37 Approximately 50% of IV-D staff take MiCSES training each fiscal year. 100% of IV-D staff take MiCSES training every two fiscal years. Contract # CSFOC17-63001, County Of Oakland, Title MD Cooperative Reimbursement Program - 2017, Date: 08/1712016 Page: 36 of 37 Budget Abstract Summary Description I 20171 2018 2019 2020 2021 Total SECTION B 1. FTE Positions 127.42 128.68 130.35 131.66 132,65 650.76 2. % of Total FTE 89,10 89.99 91.15 92.07 92,76 455.07 3. Caseload ck (FOC, COM) 96.36 96.36 96.36 96.36 96.36 481.80 SECTION C 1. Personnel 12,774,818,77 13,346,755.89 14,042,520.50 14,792,184.94 15,572,862,99 70,529,143,09 2. Data Processing 1,109,295,00 1,157,271,40 1,190,419,00 1,220,848,20 1,229,997.60 5,907,831.20 3. Other Direct 846,763.63 956,053.76 1,027,707.14 1,090,679,63 1,150,057.03 5,071,261,19 4. Central Services 700,455.64 742,824,96 752,400.21 759,994.37 803,974.50 3,759,649,68 5. Paternity Testing 0.00 0.00 0.00 0.00 0.00 0,00 6. TOTAL EXPENDITURES 16,431,333.04 16,202,906.01 17,013,046.85 17,863,707.14 18,756,892.12 85,267,885.16 7. Service Fees 0.00 0.00 0.00 0.00 0.00 0.00 8. Final Judgment Fees 0.00 0.00 0.00 0.00 0.00 0.00 9. Other Income 0.00 0.00 0.00 0.00 0.00 0.00 10. SUB TOTAL 15,431,333.04 '16,202,906.01 17,013,046.85 17,863,707.14 18,756,892.12 85,267,885.16 11. Federal Incentives 0.00 0.00 0.00 0.00 0.00 0.00 12. NET BUDGET 15,431,333.04 16,202,906.01 17,013,046.86 17,863,707.14 18,756,892.12 85,267,885.16 13. County Share © 54.00% 5,246,653,23 5,508,988.04 5,784,435.93 6,073,660.43 6,377,343.32 28,991,080.95 14. State Share (IV-D) @ 66,00% 10,184,679.81 10,693,917.97 11,228,610.92 11,790,046.71 12,379,548.80 56,276,804.21 15. STATE GF/GP AMOUNT 1 ,1 92,292. 00 1,192,292.00 1,192,292.00 1,192,292.00 1,192,292.00 5,961,460.00 TOTAL CONTRACT AMOUNT 11,376,971.81 11,886,209.97 12,420,902.92 12,982,338.71 13,571,840.80 62,238,264.21 Contract # CSFOC17-63001, County Of Oakland, "Rile IV-D Cooperative Reimbursement Program - 2017, Date: 08/17/2016 Page: 37 of 37 8888888888880888888888882888 14 ,,,,AAAmlq11 immiHmmmino0;.n 288P2V-3H8(8PM-38HP2HPAHR22 HiiMMTMiTHiiiiiHM 79:-HMLUMMMLUMM`ci 888 88888888 828$228t222t2288223t22288823 00000 -00M/IMaM YFVHIViiliUMFM11111141 qEE" li -wfg a,„'1111a12$E .4,4,ns, '15 AS'2 'Hi X ,;, 3Te.me 2.15.4; N ,40 H h, on . 3 2 HMUMIMWHifiii --"88888828888888888828888-j ffrImmIlrwamma m..Thn.”mn.HHI 822MV8228g288RH2288P8882win in-o7;2 2',O?MOWTTOT,;TO;;P,TT,t VUUMMUMUAHMEM 88222N3264,Mt,"48888228N822 -.T6 888888HqAHMPAHHAHM2 0 R 2 v ,Ippu.AP.m v ,H o mm gnInggP.Edd2 ,2W0'2 "N 2 ' ...._,„,...„,h, 3 888 MMV-'1I 11 ',.-ra-80'' = ,7,'TmT • ' c . 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If, iii N P P H N 31110a1ADS FISCAL NOTE (MISC . #16257) September 22, 2016 BY: Finance Committee, Tom IvLlddleton, Chairperson IN RE: FRIEND OF THE COURT - FY 2017—FY 2021 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Health and Human Services (MDHHS), Office of Child Support has approved the Oakland County Friend of the Court's Fiscal year 2017-2021 Title IV-D Cooperative Reimbursement Program (CRP) Contract for five years beginning October 1, 2016 through September 30, 2021. 2. This funding will allow Friend of the Court to provide services to establish paternity, locate absent parents, establish child support orders, enforce child support orders and collect child support payments and is authorized pursuant to Title IV-D of the Social Security Act and provides 66% federal funding for the Friend of the Court Division, with a 34% County grant match. 3. The CRP grant includes total funding for the five year period of $85,267,885 of which $56,276,805 is federal funds passed through MDHHS, $28,991,080 is the required grant match and is budgeted in the Circuit Court General Fund, Transfers Out account, in addition the state provides $5,961,460 in state GF/GP funding; the individual fiscal year budgets are broken down as follows: a. FY 2017 includes funding in the amount of $15,431,333 of which $10,184,680 is federal funds passed through the MDHHS, $5,246,653 is the required grant match, in addition the state also provides $1,192,292 in state GF/GP funding. b. FY 2018 includes funding in the amount of $16,202,906 of which $10,693,918 is federal funds passed through the MDHHS, $5,508,988 is the required grant match, in addition the state also provides $1,192,292 in state GF/GP funding. c. FY 2019 includes funding in the amount of $17,013,047 of which $11,228,611 is federal funds passed through the MDHHS, $5,784,436 is the required grant match, in addition the state also provides $1,192,292 in state GF/GP funding. d. FY 2020 includes funding in the amount of $17,863,707 of which $11,790,047 is federal funds passed through MDHHS, $6,073,660 is the required grant match, in addition the state also provides $1,192,292 in state GF/GP funding. e. FY 2021 includes funding in the amount of $18,756,892 of which $12,379,549 is federal funds passed through the MDHHS, $6,377,343 is the required grant match, in addition the state also provides $1,192,292 in state GF/GP funding. 4. The state General Fund/General Purpose (GF/GP) amount is provided by the State of Michigan to cover the losses imposed by the Deficit Reduction Act (DRA) which was passed in late 2005 and was effective in early 2006. 5. There are no new grant funded positions requested and this grant has completed the grant review process in accordance with the Board of Commissioners Grant Acceptance Procedures. 6. There are 146 Special Revenue Positions within this grant that consists of 9 Sheriff and 137 Friend of the Court positions. 7. Acceptance of this grant does not obligate the County to any future commitment and continuation of the grant is contingent upon continued future levels of grant funding. 8. The agreement shall be amended each fiscal year beginning October 1, 2017 through September 30, 2021 to authorize funding for subsequent fiscal years covered by the agreement. 9. The FY 2017-2019 Special Revenue (SR) budget is amended as detailed in the attached Schedule A. ' FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long absent. Resolution #16257 September 22, 2016 Moved by Kochenderfer supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be dopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer, Kowall, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). ) GERALD D. POISSON CHIEF DEPUTY COUNTY EXECUTIVE ACTING PUROWANT TI friCk 45,5S9A(7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 22, 2016, 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 22nd day of September, 2016. /rtl,e26.-/ Lisa Brown, Oakland County