HomeMy WebLinkAboutResolutions - 2016.09.22 - 22603MISCELLANEOUS RESOLUTION #16258 September 22, 2016
BY: Public Services Committee, William Dwyer, Chairperson
IN RE: PROSECUTING ATTORNEY — 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 Prosecuting Attorney 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 Prosecuting Attorney provides legal services to establish paternity and
court orders for payment of child support pursuant to Title IV-D of the Social Security Act; and
WHEREAS the CRP grant includes total funding for the five year period of $15,841,233.38 of which
$10,455,214.03 is federal funds passed through MDHHS and the remaining $5,386,019.35 is a required
grant match and is included in the County Executive Recommended Budget; the individual fiscal year
budgets are broken down as follows:
I. FY 2017 includes funding in the amount of $2,867,725.47 of which $1,892,698.81 is federal funds
passed through the state (MDHHS). The required grant match of $975,026.66 is included in the
County Executive Recommended Budget; and
2. FY 2018 includes funding in the amount of $3,010,004.67 of which $1,986,603.08 is federal funds
passed through the state (MDHHS). The required grant match of $1,023,401.59 is included in the
County Executive Recommended Budget; and
3. FY 2019 includes funding in the amount of $3,160,507.83 of which $2,085,935.17 is federal funds
passed through the state (MDHHS). The required grant match of $1,074,572.66 is included in the
County Executive Recommended Budget; and
4. FY 2020 includes funding in the amount of $3,318,533.65 of which $2,190,232.21 is federal funds
passed through the state (MDHHS). The required grant match of $1,128,301.44 is included in the
County Executive Recommended Budget; and
5. FY 2021 includes funding in the amount of $3,484,461.76 of which $2,299,744.76 is federal funds
passed through the state (MDHHS). The required grant match of $1,184,717.00 is included in the
County Executive Recommended Budget; and
WHEREAS there are no new grant funded positions requested; and
WHEREAS the grant has completed the Grant Review Process in accordance with the Board of
Commissioners 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 Prosecuting Attorney for the period of October
1,2016 through September 30, 2021.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant agreement and to approve any grant extensions or changes, within fifteen percent
(15%) of the original award, which are consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that the 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.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
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 — Prosecuting Attorney
GRANT NAME: FY 2017-FY 2021 Cooperative Reimbursement Program (CRP) Grant
FUNDING AGENCY: Michigan Department of Health & Human Services
DEPARTMENT CONTACT: Susan Harvey MacLean, 858-5377
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 (8/23/2016)
Department of Human Resources:
HR Approved (No Committee) Continues Positions — Lori Taylor (8/29/2016)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (8/23/2016)
Corporation Counsel:
I have reviewed this grant and APPROVE ONLY WITH THE FOLLOWING
MODIFICATIONS.
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. MDFIFIS 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 See. 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.
— Mary Ann Jerge (8/24/2016)
Revised grant agreement sent to Corporation Counsel on 8/31/2016.
From: Van Pelt, Laurie M
To: West. Catherine A; Taylor, Lot Davis, Patricia G; SchUitz, Dean I
Cc: Maclean, Susan H; Andrews, Michael B
Subject: RE: GRANT REVIEW: Prosecuting Attorney - FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) Grant
- Acceptance
Date: Tuesday, August 23, 2016 9:02:07 AM
Approved.
From: West, Catherine A
Sent: Monday, August 22, 2016 3:37 PM
To: Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G; Schultz, Dean 3
Cc: Maclean, Susan H; Andrews, Michael B
Subject: GRANT REVIEW: Prosecuting Attorney - FY 2017- FY 2021 Cooperative Reimbursement
Program (CRP) Grant - Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt Lori Taylor— Dean Schultz — Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Prosecuting Attorney
FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) Grant
Michigan Department of Health and Human Services, 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 29, 2016
GRANT INFORMATION
Date: August 22, 2016
Operating Department: Prosecuting Attorney.
Department Contact: Susan Harvey MacLean
Contact Phone: 248-858-5377
Document Identification Number: CSPA17-63002
REVIEW STATUS: Acceptance — Resolution Required
Funding Period: October 1, 2016 through September 30, 2021
Original source of funding: CFDA 93,563
Will you issue a sub award or contract: No
New Facility/Additional Office Space Needs: N/A
From: Taylor, Lori
To: West, Catherine A
Subject: Re; GRANT REVIEW; Prosecuting Attorney - FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) Grant
- Acceptance
Date: Monday, August 29, 2016 10:08:48 PM
Hi Katie:
HR Approved (No Committee) Continues Positions
Sent from my iPal
On Aug 29, 2016, at 6:34 PM, West, Catherine A <westea@oakgov.eom> wrote:
HI Lou,
Have you approved this grant?
Thank you,
Katie
From: West, Catherine A
Sent: Monday, August 22, 2016 3:37 PM
To: Laurie VanPelt; Lori Taylor; Pat Davis; Schultz, Dean J
Cc: Maclean, Susan H (MacLeanSaoakgov,com); Andrews, Michael B
Subject: GRANT REVIEW: Prosecuting Attorney - FY 2017- FY 2021 Cooperative
Reimbursement Program (CRP) Grant - Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS— Laurie Van Pelt — Lori Taylor— Dean Schultz—Pat
Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Prosecuting Attorney
FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) Grant
Michigan Department of Health and Human Services, 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 29, 2016
From: Erlenbeck, Robert C
To: West Catherine A; Van Pelt, Laurie M; Taylor, Lori; Davls,_Patricia G; Schultz, Dean 3
Cc: Maclean, Susan 1-l; Andrews, Michael E
Subject: RE: GRANT REVIEW: Prosecuting Attorney - FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) Grant
- Acceptance
Date: Tuesday, August 23, 2016 7:01;55 AM
Approved by Risk Management, R.E. 8/23/16,
From: Johnson, Sandra K
Sent: Monday, August 22, 2016 4:06 PM
To: West, Catherine A; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G; Schultz, Dean 3
Cc: Maclean, Susan H; Andrews, Michael B
Subject RE: GRANT REVIEW: Prosecuting Attorney - 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. 84694), 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 number RM16-0416 regarding this matter.
Thank you.
From: West, Catherine A
Sent: Monday, August 22, 2016 3:37 PM
To: Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G; Schultz, Dean J
Cc: Maclean, Susan H; Andrews, Michael B
Subject: GRANT REVIEW: Prosecuting Attorney - FY 2017- FY 2021 Cooperative Reimbursement
Program (CRP) Grant - Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor— Dean Schultz — Pat Davis
RE; GRANT CONTRACT REVIEW RESPONSE — Prosecuting Attorney
FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) Grant
Michigan Department of Health and Human Services, 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 29, 2016
GRANT INFORMATION
From:
To:
Subject:
Date:
Jerne, Mary A
West Catherine A; Van Pelt, Laurie M; Schultz, Dean]; Andrews, Michael B; Maclean, Susan H; Taylor, Lori
2016-0603 FY 2017- FY 2021 Cooperative Reimbursement Program (CRP) Grant Contract Review
Wednesday, August 24, 2016 11:53:33 AM
Good morning — I have reviewed this grant and APPROVE ONLY WITH THE FOLLOWING
MODIFICATIONS.
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:
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.
Please do not hesitate to contact me if you have any further questions.
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: CSPA17-63002
Between
THE STATE OF MICHIGAN
DEPARTMENT OF HEALTH & HUMAN SERVICES
And
GRANTEE PRIMARY CONTACT EMAIL
County Of Oakland - Prosecuting Attorney Susan MacLean macleans@oakgov.com
GRANTEE ADDRESS TELEPHONE
1200 North Telegraph Road, Pontiac, MI 48341 (248) 858-5377
STATE CONTACT NAME TELEPHONE EMAIL
Contract Administrator Duane Noworyta (517) 241-7728 noworytad@michigan.gov
BOP Analyst Melanie Sanford (617) 373-9376 sanfordm2@michigan.gov
AGREEMENT SUMMARY
SERVICE DESCRIPTION Child Support Services
GEOGRAPHIC AREA Oakland
INITIAL TERM EFFECTIVE DATE EXPIRATION DATE AVAILABLE OPTION YEARS
5 years 10/01/2016 09/30/2021 2
MISCELLANEOUS INFORMATION DUNS NUMBER: 136200362
ESTIMATED CONTRACT VALUE AT TIME OF EXECUTION $10,455,214,03
AGREEMENT TYPE Actual Cost
The undersigned have the lawful authority to bind the Grantee and MDHHS 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 iinked 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 # CSPA17-63002, County Of Oakland, Title IV -D Cooperative Reimbursement Program - 2017, Date: 08/17/2016 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
$1,892,698,81
$1,986,603.08
$2,085,935,17
$2,190,232,21
$2,299,744.76
$10,455,214.03
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: macleans@oakgov.com
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, ln 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 1V-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 # CSPA17-63002, County Of Oaldand, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08117/2016 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-
support.state.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
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 (FOC) 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 # CSPA17-83002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/17/2016 Page: 3 of 37
collections Applies to FOC and Combined Agreements only
Cycle: No regular cycle: process as received
To: Michigan Department of Health and Human Services
Office of Child Support
5. 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 FOC 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 subrecipient relationship with MDHHS. The Grantee is required to
Contract # CSPA17-63002, County Of Oakland, Tltle IV-D Cooperative Reimbursement Program - 2017, Date: 0811712016 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
Number
Federal Agency
Name
Federal
Award
Grant
Number
and
Phase
Federal
Award
ldentifica
tion
Number
(FAIN)
Federal
Award
Date
Federal
Grant
Program
Title
Amount
Title IV-D
Reimbursement
(State Share on
the DHS-286)
93.563 U.S. Dept. of
Health and Human
Services (Office of
Child Support
Enforcement )
N/A N/A N/A IV-D N/A
Title IV-D
Incentive Payment
93.563 U.S, Dept, of
Health and Human
Services (Office of
Child Support
Enforcement )
N/A N/A N/A IV-D N/A
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/Contracte/020Page,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 # CSPA17-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/17/2010 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.michigan.gov/MDHHS by selecting Inside MDH HS —
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 MDHHS-
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 # CSPA17-63002, County Of Oakland, Title lV-D Cooperative Reimbursement Program . 2017, Date: 08/170016 Page: 6 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 IV-D Reimbursement (State Share on the
DHS-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),
Subrecipient/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
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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,
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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 1V-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 MDHHS 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 MDHHS 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, MI 48909
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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.
DOS 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 IC HAT.
The Michigan Public Sex Offender Registry website address is http://vvww.mipsorstate.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 direct}, with children.
Information about CR can be found at http://www.michigan.gov/mdhhs/0,5885,7-339-
73971_7119_50648_48330-180331--,00.html
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 # CSPAl 7-63002, County Of Oakland, Title IV-0 Cooperative Reimbursement Program -2017, Date: 08/1712016 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 # CSPA17-63002, County Of Oakland, Title IV-D Cooperatve Reimbursement Program - 2017, Data 0o1712016 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 art 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 $ 10,455,214.03 ( Ten Million
Four Hundred Fifty Five Thousand Two Hundred Fourteen and 03/100) 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 1,892,698.81 0.00 1,892,698.81
10/01/2017 through 09/30/2018 1,986,603,08 0.00 1,986,603.08
10/01/2018 through 09/30/2019 2,085,935,17 0.00 2,085,935.17
10/01/2019 through 09/30/2020 2,190,232.21 0.00 2,190,232.21
10/01/2020 through 09/30/2021 2,299,744.76 0.00 2,299,744.76
TOTAL: 10,455,214.03 0.00 10,455,214.03
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 2,867,725.47 0,00 2,867,725.47
10/01/2017 through 09/30/2018 3,010,004.67 0.00 3,010,004.67
10/01/2018 through 09/30/2019 3,160,507.83 0.00 3,160,507.83
10/01/2019 through 09/30/2020 3,318,533.65 0.00 3,318,533.65
10/01/2020 through 09/30/2021 3,484,461.76 0.00 3,484,461.76
TOTAL: 15,841,233.38 0.00 15,841,233.38
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
The services provided by the Grantee under this Agreement shall be evaluated and assessed at
Contract # CSPA17-63002, County Of Oakland, Title 1\7•0 Cooperative Reimbursement Program - 2017, Data: 08/1712016 Page: 12 of 37
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 (PLG) 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 PLG 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 PLG 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 PLG 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
Grantee A FY01 performance (end of FY01) = 45%
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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
Grantee E FY02 performance (end of FY02) = 47%
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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;
0. 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.
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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
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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 MDHHS 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 # CSPA17-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 0811712016 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 MDHHS,
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 MDHHS, 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 # CSPA17-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program • 2017, Date: 0811712016 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
4.28 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,
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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 ("PII") 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, !Diametric
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 ("PH1") 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 MDHRS.
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
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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 MORNS 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 P11.
5) 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
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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 EV-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.
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f) MDHHS will have the right to void the Agreement if the Grantee falls 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
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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 $5,000.
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
1, 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
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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;
cl. 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;
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f. The Agreement signatory has the authority to enter into this Agreement;
g. 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 MDHHS
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 453, 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.
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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, MDHI-IS 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
MDHI-IS 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 # CSPA17.-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program -2017, Date: 08117/2016 Page: 27 of 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 MDHHS 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.
If the 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
Contract # CSPA17-63002, County Of Oakland, Title W-D Cooperative Reimbursement Program - 2017, Date: 08/1712016 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
f) Posting Security, Bond or Guarantee for Overdue Support
9) 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 (F1DM) 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
f) 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 1V-D Self-Assessment as described in 45 CFR 3082:
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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
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-ID 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 # CSPA17-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 0E0712016 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 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 'FD"]), 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.
8) 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.
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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
f) Posting Security, Bond or Guarantee for Overdue Support
g) 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 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
f) 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-0 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
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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-ID 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 NCP 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.
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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
f) 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 [LPROI 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 # CSRA17-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program 2017, Date, 0W17/2016 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 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) 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 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.
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Approximately 50% of IV-D staff take MiCSES training each fiscal year 100% of 1V-D staff
take MiCSES training every two fiscal years.
Contract # CSPA17-63002, County Of Oakland, Title IV-D Cooperative Reirebursement Program - 2017, Date: 28/1712016 Page: 36 of 37
Budget Abstract Summary
Description 1 2017 20181 20191 20201 2021 Total
SECTION B ,
1. FTE Positions 23,50 23.60 23.50 23,50 23,50 117.50
2. % of Total FTE 100.00 100.00 100,00 100.00 100.00 500.00
3, Caseload % (FOC, 00M) 100.00 100.00 100.00 100.00 100.00 500.00
SECTION C
I. Personnel 2,253,431.42 2,325,431.42 2,399,431,42 2,471,431.42 2,566,431.42 12,016,157.10
2. Data Processing 64,000.00 68,000.00 72,000.00 76,000.00 80,000.00 360,000.00
3. Other Direct 399,710.00 457,510.00 521,160.00 593,940.00 , 651,210.00 2,623,530,00
4, Central Services 149,684.05 167,063.25 164,916.41 173,162.23 181,820.34 826,546.28
5. Paternity Testing 1,000.00 2,000,00 3,000.00 4,000.00 5,000.00 15,000.00
6. TOTAL EXPENDITURES 2,867,725.47 3,010,004.67 3,160,507.83 3,318,533.65 3,484,461.76 15,841,233.38
7, Service Fees 0,00 0.00 0.00 0.00 0.00 0.00
B. 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 2,867,725.47 3,010,004.67 3,160,507.83 3,318,533.65 3,484,461.76 15,841,233.38
11. Federal Incentives 0,00 0,00 0.00 0.00 0.00 0.00
12. NET BUDGET 2,867,725.47 3,010,004.67 3,160,507.83 3,318,533.65 3,484,461.76 15,841,233.38
13. County Share @ 34.00% 975,026.66 1,023,401.59 1,074,572.66 1,128,301.44 1,184,717.00 5,386,019,35
14. State Share (IV-D) @ 66.00% 1,892,698.81 1,986,603.08 2,085,935,17 2,190,232.21 2,299,744,76 10,455,214.03
15. STATE GF/GP AMOUNT 0.00 0,00 0.00 0.00 0.00 0.00
TOTAL CONTRACT AMOUNT 1,892,698.81 1,986,603.08 2,085,935.17 2,190,232.21 2,299,744.76 10,455,214.03
Contract # CSPA17-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2017, Date: 08/1712016 Page: 37 of 37
FISCAL NOTE #16258 September 16, 2016
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 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 Prosecuting Attorney is requesting the acceptance of a five (5) year Cooperative
Reimbursement Program (CRP) Grant for the period of October 1, 2017 through September 30,
2021 from the Michigan Department of Health and Human Services (MDHHS), Office of Child
Support.
2. This is the 43rd year of grant acceptance.
3. The total five year grant award is $15,841,233: for FY 2017 the total grant award is $2,867,725;
FY 2018 is $3,010,005; FY 2019 is $3,160,508; FY 2020 is $3,318,534; and FY 2021 is
$3,484,462.
4. For FY 2017 the Federal contribution is $1,892,699 (66%) and the County match is $975,027
(34%).
5. 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.
6. This grant includes continued funding of 24 positions, as follows: one (1) Chief (#4010201-2946),
one Legal Secretary (#4010201-2932), one (1) Office Supervisor (#4010201-0979), three (3)
Assistant Prosecutors (#4010201-2052, #4010201-2492, #4010201-7046), three (3) Prosecutor
Investigators (#4010201-1002, #4010201-1847, #4010201-9646), four (4) Support Specialists
(#4010201-0916, #4010201-4690, #4010201-6388, #4010201-7379) and eleven (11) Office
Assistants (#4010201-0361, #4010201-0514, #4010201-2160, #4010201-2612, #4010201-3224,
#4010201-3366, #4010201-4691, #4010201-4692, #4010201-5412, #4010201-7045, #4010201-
7380).
7. The FY 2017 grant match amount of $975,027 is included in the Fiscal Year 2017 Finance
Committee Recommended in the Prosecuting Attorney's Transfers Out account and the General
Fund Non-Departmental grant match line item.
8. A budget amendment is requested to the Fiscal Year 2017— FY 2019 budget to reflect the grant
award as follows:
GENERAL FUND (#10100)
Expenditures
9090101-196030-730800 Grant Match
4010201-126070-788001-27315 Transfers Out
Total Expenditures
CRP GRANT FUND (#27315)
Grant #GR0000000143, Bud Ref 2017
Revenue
4010201-126070-625210 CRP
4010201-126070-695500-10100 Transfers In
Total Revenue
FY 2017 — FY 2019
$(48,483)
$ 48,483
0
FY 2017— FY 2019
$ 94,114
$ 48,483
$142,597
Expenditures
4010201-126070-702010
4010201-126070-702140
4010201-126070-722750
4010201-126070-722760
Salaries
Other Misc Salaries
Workers Compensation
Group Life
$ 17,150
$ 8,070
$ 226
$ 65
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long absent.
4010201-126070-722770
4010201-126070-722780
4010201-126070-722790
4010201-126070-722800
4010201-126070-722810
4010201-126070-722820
4010201-126070-722850
4010201-126070-722900
4010201-126070-730303
4010201-126070-730338
4010201-126070-730688
4010201-126070-730695
4010201-126070-730926
4010201-126070-730982
4010201-126070-731213
4010201-126070-731339
4010201-126070-731346
4010201-126070-731388
4010201-126070-731458
4010201-126070-731941
4010201-126070-732018
4010201-126070-732020
4010201-126070-750154
4010201-126070-750170
4010201-126070-750392
4010201-126070-750399
4010201-126070-760126
4010201-126070-774636
4010201-126070-776659
4010201-126070-776661
Retirement
Hospitalization
Social Security
Dental
Disability
Unemployment Insurance
Optical
Fringe Benefit Adjustments
Clothing Allowance
Computer Research Serv
Expert Witness Fees
Extradition Expense
Indirect Costs
Interpreter Fees
Membership Dues
Periodicals Books Publ
Personal Mileage
Printing
Professional Services
Training
Travel & Conference
Travel Emp Taxable Meals
Expendable Equipment
Other Expendable Equip
Metered Postage
Office Supplies
Capital Outlay Miscellaneous
IT Operations
Motor Pool Fuel
Motor Pool
Total Expenditures
$ 7,399
$ 29,393
$ 2,041
$ 2,810
$ 402
$ 63
$ 398
$ (42)
$ 3,000
$ (5,000)
$ 406
$ 4,000
$ 13,164
$ (2,500)
$ 4,610
$ 2,500
$ 5,000
$ 1,600
$ 100
$ 10,922
$ 5,000
$ 12,500
$ 2,000
$(15,000)
$ (4,000)
$ 20,000
$ (800)
$ 720
$ 22,500
$ (6,000)
$142,597
Resolution #16258 September 22, 2016
Moved by Kochenderfer supported by McGillivray the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer,
KowaII, 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 exEcunvk
ACTIN RSUANTIO MCi 45.559A(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 22 nd day of September, 2016.
5.kez,./
Lisa Brown, Oakland County