HomeMy WebLinkAboutReports - 2023.11.16 - 40732
AGENDA ITEM: Acceptance from the Michigan Department of Health and Human Services for the
FY 2024-2028 Title IV-D Cooperative Reimbursement Program
DEPARTMENT: Prosecuting Attorney's Office
MEETING: Board of Commissioners
DATE: Thursday, November 16, 2023 9:30 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3521
Motion to approve the acceptance of the Michigan Department of Health and Human Services for
the Title IV-D Cooperative Reimbursement Program for the period of October 1, 2023 through
September 30, 2028 and authorize the Chair of the Board of Commissioners to execute this
reimbursement agreement; further, amend the FY 2024 budget as detailed in the attached Schedule
A.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
This is a five-year contract between the Michigan Department of Health and Human Services and
the Prosecutor's Office from October 1, 2023 through September 30, 2028. This is accomplished
through services provided to establish paternity, locate absent parents, and establish child support
orders.
The Cooperative Reimbursment Program includes total funding for the five year period
of $30,047,648: ($5,437,867 for FY 2024; $5,709,761 for FY 2025; $5,995,248 for FY 2026;
$6,295,011 for FY 2027; and $6,609,761 for FY 2028).
1. FY 2024 consists of Federal CRP funds of $3,588,992; Grant cash match funds of
$1,848,875.
2. FY 2025 consists of Federal CRP funds of $3,768,442; Grant cash match funds of
$1,941,319.
3. FY 2026 consists of Federal CRP funds of $3,956,864; Grant cash match funds of
$2,038,384.
4. FY 2027 consists of Federal CRP funds of $4,154,707; Grant cash match funds of
$2,140,304.
5. FY 2028 consists of Federal CRP funds of $4,362,442; Grant cash match funds of
$2,247,319.
This funding is authorized pursuant to Title IV-D of the Social Security Act, which provides 66%
federal funding for the Friend of the Court Division, with a 34% County grant match funding source.
The grant match is a cash match, and is budgeted in the General Fund, Non-Departmental Grant
Match account. The total amount of the grant match is $10,216,201.00
There are approximately 24 Special Revenue positions within the Friend of the Court fund. The total
estimated cost of the Special Revenue positions is projected to be approximately 92% of the total
personnel cost eligible for CRP reimbursement.
The grant award has completed the Grant Review Process in accordance with the Grants Policy.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Markeisha Washington, Chief Prosecuting Attorney
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 11/16/2023
AGENDA DEADLINE: 11/16/2023 9:30 AM
ATTACHMENTS
1. FY24-FY28 PA CRP Title IV-D Grant Schedule A
2. Grant Acceptance Sign-Off FY24
3. FSD Positions w_Emp. numbers and Position numbers
4. Amended PA 2024-2028 CRP Grant
5. Oakland PA B3
6. Oakland PA C
7. Oakland PA E
COMMITTEE TRACKING
2023-11-07 Public Health & Safety - Forward to Finance
2023-11-08 Finance - Recommend to Board
2023-11-16 Full Board - Adopt
Motioned by: Commissioner Yolanda Smith Charles
Seconded by: Commissioner Philip Weipert
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay
Raman (17)
No: None (0)
Abstain: None (0)
Absent: Charles Cavell (1)
Passed
Oakland County, Michigan
PROSECUTING ATTORNEY - FY 2024 - FY 2028 COOPERATIVE REIMBURSEMENT PROGRAM (CRP) GRANT ACCEPTANCE
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)
Cost Center
(CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project
ID #
(PROJ)
Regio
n
(REG)
Budget Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2024
Amendment
FY 2025
Amendment
FY 2026
Amendment
R Law Enforcement Grants PA Litigation FND11005 CCN4010201 RC625210 PRG126070 GRN-1004287 625000 CRP $2,368,731 $2,487,167 $2,487,167
Total Revenues $2,368,731 $2,487,167 $2,611,520
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC702010 PRG126070 GRN-1004287 702000 Salaries 1,698,698 1,749,659 1,802,149
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722750 PRG126070 GRN-1004287 722000 Workers Compensation 14,949.00 15,397 15,859
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722760 PRG126070 GRN-1004287 722000 Group Life 4,417.00 4,549 4,686
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722770 PRG126070 GRN-1004287 722000 Retirement 424,619.00 438,848 461,619
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722780 PRG126070 GRN-1004287 722000 Hospitalization 335,009.00 339,009 358,123
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722790 PRG126070 GRN-1004287 722000 Social Security 129,950.00 133,849 137,864
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722800 PRG126070 GRN-1004287 722000 Dental 15,708.00 15,708 15,708
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722810 PRG126070 GRN-1004287 722000 Disability 25,889.00 26,989 29,169
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722820 PRG126070 GRN-1004287 722000 Unemployment Insurance 1,019.00 1,050 1,081
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722850 PRG126070 GRN-1004287 722000 Optical 770.00 770.00 770.00
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730303 PRG126070 GRN-1004287 730000 Clothing Allowance 15,000 15,000 15,000
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730338 PRG126070 GRN-1004287 730000 Computer Research Services 20,500 30,500 30,500
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730646 PRG126070 GRN-1004287 730000 Equipment Maintenance 15,500 15,500 15,500
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730982 PRG126070 GRN-1004287 730000 Interpreter Fees 20,500 30,500 30,500
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730926 PRG126070 GRN-1004287 730000 Indirect Costs 214,093 224,798 236,037
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731213 PRG126070 GRN-1004287 730000 Memberships Dues 20,500 30,500 30,500
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731339 PRG126070 GRN-1004287 730000 Periodicals Books Publ Sub 30,500 30,500 37,475
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731346 PRG126070 GRN-1004287 730000 Personal Mileage 30,500 30,500 30,500
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731388 PRG126070 GRN-1004287 730000 Printing 30,500 30,500 30,500
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731458 PRG126070 GRN-1004287 730000 Professional Services 12,000 12,000 12,000
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731941 PRG126070 GRN-1004287 730000 Training 30,500 30,500 30,500
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC732018 PRG126070 GRN-1004287 730000 Travel and Conference 30,500 30,500 30,500
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC750170 PRG126070 GRN-1004287 750000 Other Expendable Equipment 20,000 20,000 30,000
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC750392 PRG126070 GRN-1004287 750000 Metered Postage 30,500 30,500 30,500
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC750399 PRG126070 GRN-1004287 750000 Office Supplies 21,865 21,865 21,865
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC770631 PRG126070 GRN-1004287 770000 Bldg Space Allocation 165,000 165,000 165,000
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC774636 PRG126070 GRN-1004287 770000 Info Tech Operations 140,000 195,000 230,000
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC774637 PRG126070 GRN-1004287 770000 Info Tech Managed Print Services 25,000 25,000 30,000
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC776659 PRG126070 GRN-1004287 770000 Motor Pool Fuel 16,000 16,000 25,000
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC776661 PRG126070 GRN-1004287 770000 Motor Pool 24,000 32,944 32,944
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC778675 PRG126070 GRN-1004287 770000 Telephone Communications 25,000 25,000 35,000
E General Fund Non-Departmental FND10100 CCN9090101 SC730359 PRG196030 730000 Contingency (1,220,255)(1,281,268)(1,345,329)
Total Expenditures $2,368,731 $2,487,167 $2,611,520
R Law Enforcement Grants PA Litigation FND11005 CCN4010201 RC625210 PRG126070 GRN-0000143 625000 CRP $(2,368,735)$(2,368,735)$(2,368,735)
Total Revenues $(2,368,735)$(2,368,735)$(2,368,735)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC702010 PRG126070 GRN-0000143 702000 Salaries (1,581,891)(1,581,891)(1,581,891)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC712020 PRG126070 GRN-0000143 702000 Overtime (42,000)(42,000)(42,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722750 PRG126070 GRN-0000143 722000 Workers Compensation (5,052)(5,052)(5,052)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722760 PRG126070 GRN-0000143 722000 Group Life (3,400)(3,400)(3,400)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722770 PRG126070 GRN-0000143 722000 Retirement (421,874)(421,874)(110,084)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722780 PRG126070 GRN-0000143 722000 Hospitalization (188,310)(188,310)(188,310)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722790 PRG126070 GRN-0000143 722000 Social Security (119,971)(119,971)(119,971)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722800 PRG126070 GRN-0000143 722000 Dental (18,634)(18,634)(18,634)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722810 PRG126070 GRN-0000143 722000 Disability (24,690)(24,690)(24,690)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722820 PRG126070 GRN-0000143 722000 Unemployment Insurance (1,583)(1,583)(1,583)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722850 PRG126070 GRN-0000143 722000 Optical (1,969)(1,969)(1,969)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC722900 PRG126070 GRN-0000143 722000 Fringe Benefit Adjustment 49,608 49,608 49,608
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730163 PRG126070 GRN-0000143 730000 Blood Tests (5,000)(5,000)(5,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730303 PRG126070 GRN-0000143 730000 Clothing Allowance (5,000)(5,000)(5,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730338 PRG126070 GRN-0000143 730000 Computer Research Service (25,000)(25,000)(25,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730688 PRG126070 GRN-0000143 730000 Expert Witness Fee and Mileage (296,290)(296,290)(296,290)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730695 PRG126070 GRN-0000143 730000 Extradition Expense (40,000)(40,000)(40,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730926 PRG126070 GRN-0000143 730000 Indirect Costs (181,726)(181,726)(181,726)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC730982 PRG126070 GRN-0000143 730000 Interpreter Fees (15,000)(15,000)(15,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731213 PRG126070 GRN-0000143 730000 Membership Dues (42,000)(42,000)(42,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731339 PRG126070 GRN-0000143 730000 Periodicals Books Publ Sub (30,000)(30,000)(30,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731346 PRG126070 GRN-0000143 730000 Personal Mileage (30,000)(30,000)(30,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731388 PRG126070 GRN-0000143 730000 Printing (30,000)(30,000)(30,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731458 PRG126070 GRN-0000143 730000 Professional Services (37,100)(37,100)(37,100)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC731941 PRG126070 GRN-0000143 730000 Training (30,000)(30,000)(30,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC732018 PRG126070 GRN-0000143 730000 Travel and Conference (30,000)(30,000)(30,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC732020 PRG126070 GRN-0000143 730000 Travel Employee Taxable Meals (29,000)(29,000)(29,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC750154 PRG126070 GRN-0000143 750000 Expendable Equipment (5,000)(5,000)(5,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC750392 PRG126070 GRN-0000143 750000 Metered Postage (40,000)(40,000)(40,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC750399 PRG126070 GRN-0000143 770000 Office Supplies (40,000)(40,000)(40,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC770631 PRG126070 GRN-0000143 770000 Bldg Space Cost Allocation (118,000)(118,000)(118,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC774636 PRG126070 GRN-0000143 770000 Info Tech Operations (100,000)(100,000)(100,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC776659 PRG126070 GRN-0000143 770000 Motor Pool Fuel Charges (35,000)(35,000)(35,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC776661 PRG126070 GRN-0000143 770000 Motor Pool (25,000)(25,000)(25,000)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC777560 PRG126070 GRN-0000143 770000 Radio Communications (10,110)(10,110)(10,110)
E Law Enforcement Grants PA Litigation FND11005 CCN4010201 SC778675 PRG126070 GRN-0000143 770000 Telephone Communications (30,000)(30,000)(30,000)
E General Fund Non-Departmental FND10100 CCN9090101 SC730359 PRG196030 730000 Contingency 1,220,257 1,220,257 1,220,257
Total Expenditures $(2,368,735)$(2,368,735)$(2,056,945)
GRANT REVIEW SIGN-OFF – Prosecuting Attorney
GRANT NAME: FY 2024-2028 Title IV-D Cooperative Reimbursement Program
FUNDING AGENCY: Michigan Department of Health and Human Services (MDHHS)
DEPARTMENT CONTACT PERSON: Markeisha Washington 248-858-5377
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 11/03/2023
Please be advised that the captioned grant materials have completed internal grant review. Below are the returned
comments.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off email and the grant agreement/contract with related documentation) should be placed on the next agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Sheryl Johnson (10/27/2023)
Human Resources:
Approved by Human Resources. Continues positions with no changes. HR action not needed - Heather Mason
(10/027/2023)
Risk Management:
Approved. Contract allows for governmental self-insurance and waives additional insured requirement. Robert
Erlenbeck. (10/25/2023)
Corporation Counsel:
CC conducted a legal review. The originally submitted agreement was missing the Oakland County Addendum and M.
Washington worked to get it added. MDHHS provided an updated agreement and Addendum 11/2/23. CC confirmed
requesting the department fully reviewed the agreement and all docs, has no questions, and can comply. CC finds no
unresolved legal issues with the updated contract and Addendum. – Heather Lewis (11/03/2023)
[updated Agreement and Addendum is attached]
POSITION EMPLOYEE ID NUMBER POSITION NUMBER
Chief - Family Support
Division 21589 2946
Supervisor II 29031 979
Assistant Prosecuting
Attorney 19119 2052
Assistant Prosecuting
Attorney 43760 7046
Assistant Prosecuting
Attorney 31602 6915
Domestic Support
Specialist 17825 7379
Domestic Support
Specialist 31847 6388
Domestic Support
Specialist 40874 4690
Domestic Support
Specialist 32984 916
Legal Secretary 20328 2932
Legal Secretary 12980 514
Legal Secretary 19197 3224
Office Support Clerk Senior 40890 2612
Office Support Clerk Senior 41822 361
Office Support Clerk Senior 30566 5412
Office Support Clerk Senor 32839 2160
Office Support Clerk 41403 3366
Prosecutor Investigator 41558 1847
Prosecutor Investigator 29015 1002
Prosecutor Investigator 30904 9646
VACANT - Office Support
Clerk Senior 4691
VACANT - Office Support
Clerk Senior 7045
VACANT - Office Support
Clerk Senior 7380
VACANT - Office Support
Clerk 4692
VACANT - Family
Counselor Prosecuting
Attorney
16188
VACANT - Domestic
Support Specialist
Supervisor
16189
Agreement #: CSPA24-63002
Grant Agreement Between
Michigan Department of Health and Human Services
hereinafter referred to as the "Department"
and
County Of Oakland
1200 North Telegraph Road
Pontiac Mi 48341
Federal I.D.#: 23-86004876, Unique Entity Identifier: HZ4EUKDD7AB4
hereinafter referred to as the "Grantee"
for
Title IV-D Cooperative Reimbursement Program - 2024
Part 1
1.Period of Agreement:
This Agreement will commence on October 1, 2023, and continue through September 30,
2028. No activity will be performed and no costs to the state will be incurred prior to
October 1, 2023 . Throughout the Agreement October 1, 2023, will be referred to as the
start date. This Agreement is in full force and effect for the period specified.
2.Program Budget and Agreement Amount:
A.Agreement Amount
The total amount of this Agreement is $19,831,396.45. Under the terms of this
Agreement, the Department will provide funding not to exceed $13,088,721.65.
Annual budget amounts are:
Agreement Period Amount
Year 1 10/01/2023 through 09/30/2024 $2,368,730.69
Year 2 10/01/2024 through 09/30/2025 $2,487,166.80
Year 3 10/01/2025 through 09/30/2026 $2,611,520.62
Year 4 10/01/2026 through 09/30/2027 $2,742,096.92
Year 5 10/01/2027 through 09/30/2028 $2,879,206.62
The source of funding provided by the Department can be obtained in the
Schedule of Financial Assistance, available on-demand in the EGrAMS electronic
grants management system (http://egrams-mi.com/mdhhs).
The Agreement is designated as a:
X Subrecipient relationship (federal funding); or
Recipient (non-federal funding).
The Agreement is designated as:
Research and development project; or
X Not a research and development project.
Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023
__________________________________________________________________________
Page: 1 of 36
B.Equipment Purchases and Title
Any Grantee equipment purchases supported in whole or in part through this
Agreement must be listed in the supporting Equipment Inventory Schedule which
should be attached to the Final Financial Status Report. Equipment means tangible,
non-expendable, personal property having a useful life of more than one year and
an acquisition cost of $5,000 or more per unit. Title to items having a unit
acquisition cost of less than $5,000 will vest with the Grantee upon acquisition. The
Department reserves the right to retain or transfer the title to all items of equipment
having a unit acquisition cost of $5,000 or more, to the extent that the Department’s
proportionate interest in such equipment supports such retention or transfer of title.
C.Deviation Allowance
A deviation allowance modifying an established budget category by $3,000 or 5%,
whichever is greater, is permissible without prior written approval of the
Department. Any modification or deviations in excess of this provision, including
any adjustment to the total amount of this Agreement, must be made in writing and
executed by all parties through an amendment to this Agreement before the
modifications can be implemented. This deviation allowance does not authorize
new categories, subcontracts, equipment items or positions not shown in the
attached Program Budget Summary and supporting detail schedules.
3.Purpose:
The focus of the program is to initiate and carry out proceedings to enforce child support
payment orders, and to establish and maintain support orders regarding custody, parenting
time, health care coverage, and other relevant child support topics.
4.Statement of Work:
The Grantee agrees to undertake, perform and complete the activities described in
Attachment A, which is part of this Agreement.
5.Financial Requirements:
The financial requirements must be followed as described in Part 2 and Attachment B,
which are part of this Agreement.
6.Performance/Progress Report Requirements:
The progress reporting methods must be followed as described in Part 2 and Attachment C,
which are part of this Agreement.
7.General Provisions:
The Grantee agrees to comply with the General Provisions as described in Part 2 and
Attachment E, which are part of this Agreement.
Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023
__________________________________________________________________________
Page: 2 of 36
8.Administration of the Agreement:
The person acting for the Department in administering this Agreement (hereinafter referred
to as the Contract Manager) is:
Sonya Butler Finance Manager (517) 241-7728
butlers2@michigan.gov
___________________________________________________________________
Name Title Telephone No. Email Address
9.Grantee's Financial Contact for the Agreement:
The financial contact acting on behalf of the Grantee for this Agreement is:
Sheryl Johnson Fiscal Services Officer
___________________________________________________________________
Name Title
johnsonSH@oakgov.com (248) 858-0049
___________________________________________________________________
E-Mail Address Telephone No.
Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023
__________________________________________________________________________
Page: 3 of 36
10.Special Conditions:
A.This Agreement is valid upon approval and execution by the Department which may
be contingent upon approval by the State Administrative Board and signature by
the Grantee.
B.This Agreement is conditionally approved subject to and contingent upon the
availability of funds.
C.Based on the availability of funding, the Department may specify the amount of
funding the Grantee may expend during a specific time period within the Agreement
Period.
D.The Department will not assume any responsibility or liability for costs incurred by
the Grantee prior to the start date of this Agreement.
E.The Grantee is required by 2004 PA 533 to receive payments by electronic funds
transfer.
11.Special Certification:
The individual or officer signing this Agreement certifies by their signature that they are
authorized to sign this Agreement on behalf of the responsible governing board, official or
Grantee.
12.Signature Section:
For the Grantee (all agreement types)
___________________________________________________________________
Chairperson, County Board of Commissioners Date
For the Grantee (Friend of Court and Combination agreements only)
___________________________________________________________________
Chief Circuit Judge Date
For the Grantee (Prosecuting Attorney and Combination agreements only)
___________________________________________________________________
Prosecuting Attorney Date
For the Office of Child Support
___________________________________________________________________
Director, Bureau of Grants and Purchasing Date
Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023
__________________________________________________________________________
Page: 4 of 36
Part 2
General Provisions
I.Responsibilities - Grantee
The Grantee, in accordance with the general purposes and objectives of this Agreement,
must:
A.Publication Rights
1.Copyright materials only when the Grantee exclusively develops books, films
or other such copyrightable materials through activities supported by this
Agreement. The copyrighted materials cannot include recipient information
or personal identification data. Grantee provides the Department a royalty-
free, non-exclusive and irrevocable license to reproduce, publish and use
such materials copyrighted by the Grantee and authorizes others to
reproduce and use such materials.
2.Obtain prior written authorization from the Department’s Office of
Communications for any materials copyrighted by the Grantee or
modifications bearing acknowledgment of the Department's name prior to
reproduction and use of such materials. The state of Michigan may modify
the material copyrighted by the Grantee and may combine it with other
copyrightable intellectual property to form a derivative work. The state of
Michigan will own and hold all copyright and other intellectual property rights
in any such derivative work, excluding any rights or interest granted in this
Agreement to the Grantee. If the Grantee ceases to conduct business for
any reason or ceases to support the copyrightable materials developed
under this Agreement, the state of Michigan has the right to convert its
licenses into transferable licenses to the extent consistent with any
applicable obligations the Grantee has.
3.Obtain written authorization, at least 14 days in advance, from the
Department’s Office of Communications and give recognition to the
Department in any and all publications, papers and presentations arising
from the Agreement activities.
4.Notify the Department’s Bureau of Grants and Purchasing 30 days before
applying to register a copyright with the U.S. Copyright Office. The Grantee
must submit an annual report for all copyrighted materials developed by the
Grantee through activities supported by this Agreement and must submit a
final invention statement and certification within 60 days of the end of the
Agreement period.
5.Not make any media releases related to this Agreement, without prior written
authorization from the Department’s Office of Communications.
Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023
__________________________________________________________________________
Page: 5 of 36
B.Fees
1.Guarantee that any claims made to the Department under this Agreement
will not be financed by any sources other than the Department under the
terms of this Agreement. If funding is received through any other source, the
Grantee agrees to budget the additional source of funds and reflect the
source of funding on the Financial Status Report.
2.Make reasonable efforts to collect 1st and 3rd party fees, where applicable,
and report those collections on the Financial Status Report. Any under
recoveries of otherwise available fees resulting from failure to bill for eligible
activities will be excluded from reimbursable expenditures.
C.Grant Program Operation
Provide the necessary administrative, professional and technical staff for operation
of the grant program. The Grantee must obtain and maintain all necessary licenses,
permits or other authorizations necessary for the performance of this Agreement.
Use an accounting system that can identify and account for the funds received from
each separate grant, regardless of funding source, and assure that grant funds are
not commingled.
D.Reporting
Utilize all report forms and reporting formats required by the Department at the start
date of this Agreement and provide the Department with timely review and
commentary on any new report forms and reporting formats proposed for issuance
thereafter.
E.Record Maintenance/Retention
Maintain adequate program and fiscal records and files, including source
documentation, to support program activities and all expenditures made under the
terms of this Agreement, as required. The Grantee must assure that all terms of the
Agreement will be appropriately adhered to and that records and detailed
documentation for the grant project or grant program identified in this Agreement
will be maintained for a period of not less than four years from the date of
termination, the date of submission of the final expenditure report or until litigation
and audit findings have been resolved. This section applies to the Grantee, any
parent, affiliate, or subsidiary organization of the Grantee and any subcontractor
that performs activities in connection with this Agreement.
F.Authorized Access
1.Permit within 10 calendar days of providing notification and at reasonable
times, access by authorized representatives of the Department, Federal
Grantor Agency, Inspector Generals, Comptroller General of the United
States and State Auditor General, or any of their duly authorized
representatives, to records, papers, files, documentation and personnel
related to this Agreement, to the extent authorized by applicable state or
federal law, rule or regulation.
2.Acknowledge the rights of access in this section are not limited to the
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required retention period. The rights of access will last as long as the
records are retained.
3.Cooperate and provide reasonable assistance to authorized representatives
of the Department and others when those individuals have access to the
Grantee’s grant records.
G.Audits
This section only applies to Grantees designated as subrecipients by the
Department (see Part 1, Section II. A.).
1.Required Audit or Audit Exemption Notice
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 Financial Related Audit, Grantees must also
submit a corrective action plan prepared in accordance with 2 CFR
200.511(c) for any audit findings that impact the Department funded
programs, and management letter (if issued) with a corrective action plan.
a.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 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
2 CFR 200 Subpart F. The Single Audit reporting package must
include all components described 2 CFR 200.512 (c).
b.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 2 CFR 200 Subpart
F, if required by the federal awarding agency.
c.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
State of Michigan - MDHHS by selecting Inside MDHHS – MDHHS
Audit - Audit Reporting.
2.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 submit to the Department a Financial Statement
Audit prepared in accordance with generally accepted auditing standards if
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the audit includes disclosures that may negatively impact the Department
funded programs including but not limited to fraud, going concern
uncertainties, financial statement misstatements and violations of the
Agreement requirements. If submitting a Financial Statement Audit,
Grantees must also submit a corrective action plan for any audit findings that
impact the Department funded programs.
3.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 the
earlier of 30 calendar days after receipt of the auditor's report(s) or nine
months of the end of the Grantee’s fiscal year by e-mail to MDHHS-
AuditReports@michigan.gov. Single Audit reports must be submitted
simultaneously to the Department and Federal Audit Clearinghouse, in
accordance with 2 CFR 200.512(a). 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.
4.Penalty
a.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 any
payment from the Department to the Grantee 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 any current grant agreements if the
Grantee is more than 180 days delinquent in meeting the filing
requirements.
b.Delinquent Audit Exemption Notice
Failure to submit the Audit Exemption Notice, when required, may
result in withholding from any payment from Department to the
Grantee an amount equal to one percent of the audit year’s grant
funding until the Audit Exemption Notice is received.
5.Other Audits
The Department or federal agencies may also conduct or arrange for agreed
upon procedures or additional audits to meet their needs.
H.Subrecipient Monitoring
1.When passing federal funds through to a subrecipient (if the Agreement
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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
200.332.
b.Ensure the subrecipient complies with all the requirements of this
Agreement.
c.Evaluate each subrecipient’s risk for noncompliance as required by
2 CFR 200.332(b).
d.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 200.332(d) are met
including reviewing financial and programmatic reports, following up
on corrective actions and issuing management decisions for audit
findings.
e.Verify that every subrecipient is audited as required by 2 CFR 200
Subpart F.
2.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 this Agreement, 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.
3.Establish requirements to ensure compliance for for-profit subrecipients as
required by 2 CFR 200.501(h), as applicable.
4.Ensure that transactions with subrecipients/contractors comply with laws,
regulations and provisions of contracts or grant agreements.
I.Notification of Modifications
Provide timely notification to the Department, in writing, of any action by its
governing board or any other funding source that would require or result in
significant modification in the provision of activities, funding or compliance with
operational procedures.
J.Software Compliance
Ensure software compliance and compatibility with the Department’s data systems
for activities provided under this Agreement, including but not limited to stored data,
databases and interfaces for the production of work products and reports. All
required data under this Agreement must be provided in an accurate and timely
manner without interruption, failure or errors due to the inaccuracy of the Grantee’s
business operations for processing data. All information systems, electronic or hard
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copy, that contain state or federal data must be protected from unauthorized
access.
K.Human Subjects
Comply with Federal Policy for the Protection of Human Subjects, 45 CFR 46. The
Grantee agrees that prior to the initiation of the research, the Grantee will submit
Institutional Review Board (IRB) application material for all research involving
human subjects, which is conducted in programs sponsored by the Department or
in programs which receive funding from or through the state of Michigan, to the
Department’s IRB for review and approval, or the IRB application and approval
materials for acceptance of the review of another IRB. All such research must be
approved by a federally assured IRB, but the Department’s IRB can only accept the
review and approval of another institution’s IRB under a formally approved
interdepartmental agreement. The manner of the review will be agreed upon
between the Department’s IRB Chairperson and the Grantee’s authorized official.
L.Mandatory Disclosures
1.Disclose to the Department in writing within 14 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.All violations of federal and state criminal law involving fraud,
bribery, or gratuity violations potentially affecting the Agreement.
b.A criminal Proceeding;
c.A parole or probation Proceeding;
d.A Proceeding under the Sarbanes-Oxley Act;
e.A civil Proceeding involving:
A claim that might reasonably be expected to adversely
affect Grantee’s viability or financial stability; or
1.
A governmental or public entity’s claim or written allegation
of fraud; or
2.
Any complaint filed in a legal or administrative proceeding
alleging the Grantee or its subcontractors discriminated
against its employees, subcontractors, vendors, or
suppliers during the term of this Agreement; or
3.
f.A Proceeding involving any license that Grantee is required to
possess in order to perform under this Agreement.
2.Notify the Department, at least 90 calendar days before the effective date, of
a change in Grantee’s ownership or executive management.
M.Reserved
N.Conflict of Interest and Code of Conduct Standards
1.Be subject to the provisions of 1968 PA 317, as amended, 1973 PA 196, as
amended, and 2 CFR 200.318 (c)(1) and (2).
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2.Uphold high ethical standards and be prohibited from the following:
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.
3.Immediately notify the Department 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
activities in connection with this Agreement.
O.Travel Costs
1.Be reimbursed for travel costs (including mileage, meals, and lodging)
budgeted and incurred related to activities provided under this Agreement.
a.If the Grantee has a documented policy related to travel
reimbursement for employees and if the Grantee follows that
documented policy, the Department will reimburse the Grantee for
travel costs at the Grantee’s documented reimbursement rate for
employees. Otherwise, the state of Michigan travel reimbursement
rate applies.
b.Federally funded Grantees must comply with Title 2 CFR 200.475.
c.State of Michigan travel rates may be found at the following
website: http://www.michigan.gov/dtmb/0,5552,7-358-
82548_13132---,00.html.
d.International travel must be pre-approved by the Department and
itemized in the budget.
P.Federal Funding Accountability and Transparency Act (FFATA)
1.Complete and upload the FFATA Executive Compensation report to the
EGrAMS agency profile if:
a.The Grantee’s federal revenue was 80% or more of the Grantee’s
annual gross revenue; AND
b.Grantee’s gross revenue from federal awards was $25,000,000 or
more; AND
c.The public does not have access to the information about executive
officers’ compensation through periodic reports filed under Section
13(a) or 15(d) of the Securities Exchange Act of 1934 or Section
6104 of the Internal Revenue Code of 1986.
2.The FFATA Executive Compensation report template can be found in
EGrAMS documents.
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Q.Insurance Requirements
1.Maintain at least a minimum of the insurances or governmental self-
insurances listed below and be responsible for all deductibles. All required
insurance or self-insurance must:
a.Protect the state of Michigan from claims that may arise out of, are
alleged to arise out of, or result from Grantee’s or a subcontractor’s
performance;
b.Be primary and non-contributing to any comparable liability
insurance (including self-insurance) carried by the state; and
c.Be provided by a company with an A.M. Best rating of “A-” or better
and a financial size of VII or better.
2.Insurance Types
a.Commercial General Liability Insurance or Governmental Self-
Insurance: Except for Governmental Self-Insurance, policies must
be endorsed to add “the state of Michigan, its departments,
divisions, agencies, offices, commissions, officers, employees, and
agents” as additional insureds using endorsement CG 20 10 11 85,
or both CG 20 10 12 19 and CG 20 37 12 19.
If the Grantee will interact with children, schools, or the cognitively
impaired, the Grantee must maintain appropriate insurance
coverage related to sexual abuse and molestation liability.
b.Workers’ Compensation Insurance or Governmental Self-
Insurance: Coverage according to applicable laws governing work
activities. Policies must include waiver of subrogation, except
where waiver is prohibited by law.
c.Employers Liability Insurance or Governmental Self-Insurance.
d.Privacy and Security Liability (Cyber Liability) Insurance: cover
information security and privacy liability, privacy notification costs,
regulatory defense and penalties, and website media content
liability.
3.Require that subcontractors maintain the required insurances contained in
this Section.
4.This Section is not intended to and is not to be construed in any manner as
waiving, restricting or limiting the liability of the Grantee from any obligations
under this Agreement.
5.Each Party must promptly notify the other Party of any knowledge regarding
an occurrence which the notifying Party reasonably believes may result in a
claim against either Party. The Parties must cooperate with each other
regarding such claim.
R.Fiscal Questionnaire
1.Complete and upload the yearly fiscal questionnaire to the EGrAMS agency
profile within three months of the start of the Agreement.
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2.The fiscal questionnaire template can be found in EGrAMS documents.
S.Criminal Background Check
1.Conduct or cause to be conducted a search that reveals information similar
or substantially similar to information found on 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.
a.ICHAT: http://apps.michigan.gov/ichat
b.Michigan Public Sex Offender Registry:
http://www.mipsor.state.mi.us
c.National Sex Offender Registry: http://www.nsopw.gov
2 Conduct or cause to be conducted a Central Registry (CR) check for each
new employee, employee, subcontractor, subcontractor employee, or
volunteer who under this Agreement works directly with children.
a.Central Registry: https://www.michigan.gov/mdhhs/0,5885,7-339-
73971_7119_50648_48330-180331--,00.html
3.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.
4.Determine whether to prohibit any employee, subcontractor, subcontractor
employee, or volunteer from performing work directly with clients or
accessing client information related to clients under this Agreement, based
on the results of a positive ICHAT response or reported criminal felony
conviction or perpetrator identification.
5.Determine whether to prohibit any employee, subcontractor, subcontractor
employee or volunteer from performing work directly with children under this
Agreement, based on the results of a positive CR response or reported
perpetrator identification.
6.Require any employee, subcontractor, subcontractor employee or volunteer
who may have access to any databases of information maintained by the
federal government that contain confidential or personal information,
including but not limited to federal tax information, to have a fingerprint
background check performed by the Michigan State Police.
II.Responsibilities - Department
The Department in accordance with the general purposes and objectives of this Agreement
will:
A.Reimbursement
Provide reimbursement in accordance with the terms and conditions of this
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Agreement based upon appropriate reports, records and documentation maintained
by the Grantee.
B.Report Forms
Provide any report forms and reporting formats required by the Department at the
start date of this Agreement and provide to the Grantee any new report forms and
reporting formats proposed for issuance thereafter at least 30 days prior to their
required usage in order to afford the Grantee an opportunity to review.
III.Assurances
The following assurances are hereby given to the Department:
A.Compliance with Applicable Laws
The Grantee will comply with applicable federal and state laws, guidelines, rules
and regulations in carrying out the terms of this Agreement. The Grantee will also
comply with all applicable general administrative requirements, such as 2 CFR 200,
covering cost principles, grant/agreement principles and audits, in carrying out the
terms of this Agreement. The Grantee will comply with all applicable requirements
in the original grant awarded to the Department if the Grantee is a subgrantee. The
Department may determine that the Grantee has not complied with applicable
federal or state laws, guidelines, rules and regulations in carrying out the terms of
this Agreement and may then terminate this Agreement under Part 2, Section V.
B.Anti-Lobbying Act
The Grantee will comply with the Anti-Lobbying Act (31 U.S.C. 1352) as revised by
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), Federal Acquisition
Regulations 52.203.11 and 52.203.12, and Section 503 of the Departments of
Labor, Health & Human Services, and Education, and Related Agencies section of
the current fiscal year Omnibus Consolidated Appropriations Act. Further, the
Grantee must require that the language of this assurance be included in the award
documents of all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans and cooperative agreements) and that all
subrecipients must certify and disclose accordingly.
C.Non-Discrimination
1.1. The Grantee must comply with the Department’s non-discrimination
statement: The Michigan Department of Health and Human Services does
not discriminate against any individual or group on the basis of race, national
origin, color, sex, disability, religion, age, height, weight, familial status,
partisan considerations, or genetic information. Sex-based discrimination
includes, but is not limited to, discrimination based on sexual orientation,
gender identity, gender expression, sex characteristics, and pregnancy. The
Grantee further agrees that every subcontract entered into for the
performance of any contract or purchase order resulting therefrom, will
contain a provision requiring non-discrimination in employment, activity
delivery and access, as herein specified, binding upon each subcontractor.
This covenant is required pursuant to the Elliot-Larsen Civil Rights Act (1976
PA 453, as amended; MCL 37.2101 et seq.) and the Persons with
Disabilities Civil Rights Act (1976 PA 220, as amended; MCL 37.1101 et
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seq.), and any breach thereof may be regarded as a material breach of this
Agreement.
2.The Grantee will comply with all federal and state statutes relating to
nondiscrimination. These include but are not limited to:
a.Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination based on race, color or national origin;
b.Title IX of the Education Amendments of 1972, as amended (20
U.S.C. 1681-1683, 1685-1686), which prohibits discrimination
based on sex;
c.Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), which prohibits discrimination based on disabilities;
d.The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-
6107), which prohibits discrimination based on age;
e.The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination based on drug abuse;
f.The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970 (P.L. 91-616) as
amended, relating to nondiscrimination based on alcohol abuse or
alcoholism;
g.Sections 523 and 527 of the Public Health Service Act of 1944 (42
U.S.C. 290 dd-2), as amended, relating to confidentiality of alcohol
and drug abuse patient records;
h.Any other nondiscrimination provisions in the specific statute(s)
under which application for federal assistance is being made; and,
i.The requirements of any other nondiscrimination statute(s) which
may apply to the application.
3.Additionally, assurance is given to the Department that proactive efforts will
be made to identify and encourage the participation of minority-owned and
women-owned businesses, and businesses owned by persons with
disabilities in contract solicitations. The Grantee must include language in all
contracts awarded under this Agreement which (1) prohibits discrimination
against minority-owned and women-owned businesses and businesses
owned by persons with disabilities in subcontracting; and (2) makes
discrimination a material breach of contract.
D.Debarment and Suspension
The Grantee will comply with federal regulation 2 CFR 180 and certifies to the best
of its knowledge and belief that it, its employees and its subcontractors:
1.Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or contractor;
2.Have not within a five-year period preceding this Agreement been convicted
of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
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performing a public (federal, state, or local) or private 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, tax evasion, receiving
stolen property, making false claims, or obstruction of justice;
3.Are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the
offenses enumerated in section 2;
4.Have not within a five-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or
default; and
5.Have not committed an act of so serious or compelling a nature that it
affects the Grantee’s present responsibilities.
E.Pro-Children Act
1.The Grantee will comply with the Pro-Children Act of 1994 (P.L. 103-227; 20
U.S.C. 6081, et seq.), which requires that smoking not be permitted in any
portion of any indoor facility owned or leased or contracted by and used
routinely or regularly for the provision of health, day care, early childhood
development activities, education or library activities to children under the
age of 18, if the activities are funded by federal programs either directly or
through state or local governments, by federal grant, contract, loan or loan
guarantee. The law also applies to children’s activities that are provided in
indoor facilities that are constructed, operated, or maintained with such
federal funds. The law does not apply to children’s activities provided in
private residences; portions of facilities used for inpatient drug or alcohol
treatment; activity providers whose sole source of applicable federal funds is
Medicare or Medicaid; or facilities where Women, Infants, and Children
(WIC) coupons are redeemed. Failure to comply with the provisions of the
law may result in the imposition of a civil monetary penalty of up to $1,000
for each violation and/or the imposition of an administrative compliance
order on the responsible entity. The Grantee also assures that this language
will be included in any subawards which contain provisions for children’s
activities.
2.The Grantee also assures, in addition to compliance with P.L. 103-227, any
activity funded in whole or in part through this Agreement will be delivered in
a smoke-free facility or environment. Smoking must not be permitted
anywhere in the facility, or those parts of the facility under the control of the
Grantee. If activities are delivered in facilities or areas that are not under the
control of the Grantee (e.g., a mall, restaurant or private work site), the
activities must be smoke-free.
F.Hatch Act and Intergovernmental Personnel Act
The Grantee will comply with the Hatch Act (5 U.S.C. 1501-1508, 5 U.S.C. 7321-
7326), and the Intergovernmental Personnel Act of 1970 (P.L. 91-648) as amended
by Title VI of the Civil Service Reform Act of 1978 (P.L. 95-454). Federal funds
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cannot be used for partisan political purposes of any kind by any person or
organization involved in the administration of federally assisted programs.
G.Employee Whistleblower Protections
The Grantee will comply with 41 U.S.C. 4712 and must insert this clause in all
subcontracts.
H.Clean Air Act and Federal Water Pollution Control Act
The Grantee will comply with the Clean Air Act (42 U.S.C. 7401-7671(q)) and the
Federal Water Pollution Control Act (33 U.S.C. 1251-1388), as amended.
This Agreement and anyone working on this Agreement will be subject to the Clean
Air Act and Federal Water Pollution Control Act and must comply with all applicable
standards, orders or regulations issued pursuant to these Acts. Violations must be
reported to the Department.
I.Victims of Trafficking and Violence Protection Act
The Grantee will comply with the Victims of Trafficking and Violence Protection Act
of 2000 (P.L. 106-386), as amended.
This Agreement and anyone working on this Agreement will be subject to P.L. 106-
386 and must comply with all applicable standards, orders or regulations issued
pursuant to this Act. Violations must be reported to the Department.
J.Procurement of Recovered Materials
The Grantee will comply with section 6002 of the Solid Waste Disposal Act of 1965
(P.L. 89-272), as amended.
This Agreement and anyone working on this Agreement will be subject to section
6002 of P.L. 89-272, as amended, and must comply with all applicable standards,
orders or regulations issued pursuant to this Act. Violations must be reported to the
Department.
K.Subcontracts
For any subcontracted activity or product, the Grantee will ensure:
1.That a written subcontract is executed by all affected parties prior to the
initiation of any new subcontract activity or delivery of any subcontracted
product. Exceptions to this policy may be granted by the Department if the
Grantee asks the Department in writing within 30 days of execution of the
Agreement.
2.That any executed subcontract to this Agreement must require the
subcontractor to comply with all applicable terms and conditions of this
Agreement. In the event of a conflict between this Agreement and the
provisions of the subcontract, the provisions of this Agreement will prevail.
A conflict between this Agreement and a subcontract, however, will not be
deemed to exist where the subcontract:
a.Contains additional non-conflicting provisions not set forth in this
Agreement;
b.Restates provisions of this Agreement to afford the Grantee the
same or substantially the same rights and privileges as the
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Department; or
c.Requires the subcontractor to perform duties and/or activities in
less time than that afforded the Grantee in this Agreement.
3.That the subcontract does not affect the Grantee’s accountability to the
Department for the subcontracted activity.
4.That any billing or request for reimbursement for subcontract costs is
supported by a valid subcontract and adequate source documentation on
costs and activities.
5.That the Grantee will submit a copy of the executed subcontract if requested
by the Department.
L.Procurement
1.Grantee will ensure that all purchase transactions, whether negotiated or
advertised, are conducted openly and competitively in accordance with the
principles and requirements of 2 CFR 200.
2.Funding from this Agreement must not be used for the purchase of foreign
goods or services.
3.Preference must be given to goods and services manufactured or provided
by Michigan businesses, if they are competitively priced and of comparable
quality.
4.Preference must be given to goods and services that are manufactured or
provided by Michigan businesses owned and operated by veterans, if they
are competitively priced and of comparable quality.
5.Records must be sufficient to document the significant history of all
purchases and must be maintained for a minimum of four years after the end
of the Agreement period.
M.Health Insurance Portability and Accountability Act
To the extent that the Health Insurance Portability and Accountability Act (HIPAA) is
applicable to the Grantee under this Agreement, the Grantee assures that it is in
compliance with requirements of HIPAA including the following:
1.The Grantee must not share any protected health information provided by
the Department that is covered by HIPAA except as permitted or required by
applicable law, or to a subcontractor as appropriate under this Agreement.
2.The Grantee will ensure that any subcontractor will have the same
obligations as the Grantee not to share any protected health data and
information from the Department that falls under HIPAA requirements in the
terms and conditions of the subcontract.
3.The Grantee must only use the protected health data and information for the
purposes of this Agreement.
4.The Grantee must have written policies and procedures addressing the use
of protected health data and information that falls under the HIPAA
requirements. The policies and procedures must meet all applicable federal
and state requirements including the HIPAA regulations. These policies and
procedures must include restricting access to the protected health data and
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information by the Grantee’s employees.
5.The Grantee must have a policy and procedure to immediately report to the
Department any suspected or confirmed unauthorized use or disclosure of
protected health information that falls under the HIPAA requirements of
which the Grantee becomes aware. The Grantee will work with the
Department to mitigate the breach and will provide assurances to the
Department of corrective actions to prevent further unauthorized uses or
disclosures. The Department may demand specific corrective actions and
assurances and the Grantee must provide the same to the Department.
6.Failure to comply with any of these contractual requirements may result in
the termination of this Agreement in accordance with Part 2, Section V.
7.In accordance with HIPAA requirements, the Grantee is liable for any claim,
loss or damage relating to unauthorized use or disclosure of protected
health data and information, including without limitation the Department’s
costs in responding to a breach, received by the Grantee from the
Department or any other source.
8.The Grantee will enter into a business associate agreement should the
Department determine such an agreement is required under HIPAA.
N.Website Incorporation
The Department is not bound by any content on Grantee’s website or other internet
communication platforms or technologies, unless expressly incorporated directly
into this Agreement. The Department is not bound by any end user license
agreement or terms of use unless specifically incorporated in this Agreement or any
other agreement signed by the Department. The Grantee must not refer to the
Department on the Grantee’s website or other internet communication platforms or
technologies without the prior written approval of the Department.
O.Survival
The provisions of this Agreement that impose continuing obligations will survive the
expiration or termination of this Agreement.
P.State Data
1.Ownership. The Department’s data (“State Data,” which will be treated by
Grantee as Confidential Information) includes: (a) the Department’s data,
user data, and any other data collected, used, processed, stored, or
generated as the result of this Agreement; (b) personally identifiable
information (“PII“) collected, used, processed, stored, or generated as the
result of this Agreement, including, without limitation, any information that
identifies an individual, such as an individual’s social security number or
other government-issued identification number, date of birth, address,
telephone number, biometric data, mother’s maiden name, email address,
credit card information, or an individual’s name in combination with any
other of the elements here listed; and, (c) protected health information
(“PHI”) collected, used, processed, stored, or generated as the result of this
Agreement, which is defined under the Health Insurance Portability and
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Accountability Act (HIPAA) and its related rules and regulations. State Data
is and will remain the sole and exclusive property of the Department and all
right, title, and interest in the same is reserved by the Department.
2.Grantee Use of State Data. Grantee is provided a limited license to State
Data for the sole and exclusive purpose of providing the activities outlined
in the Agreement’s Statement of Work, including a license to collect,
process, store, generate, and display State Data only to the extent
necessary in the provision of the Agreement’s Statement of Work. Grantee
must: (a) keep and maintain State Data in strict confidence, using such
degree of care as is appropriate and consistent with its obligations as
further described in this Agreement and applicable law to avoid
unauthorized access, use, disclosure, or loss; (b) use and disclose State
Data solely and exclusively for the purpose of providing the activities
described in the Statement of Work, such use and disclosure being in
accordance with this Agreement, any applicable Statement of Work, and
applicable law; (c) keep and maintain State Data in the continental United
States and (d) not use, sell, rent, transfer, distribute, commercially exploit,
or otherwise disclose or make available State Data for Grantee’s own
purposes or for the benefit of anyone other than the Department without the
Department’s prior written consent. Grantee's misuse of State Data may
violate state or federal laws, including but not limited to MCL 752.795.
3.Extraction of State Data. Grantee must, within five business days of the
Department’s request, provide the Department, without charge and without
any conditions or contingencies whatsoever (including but not limited to the
payment of any fees due to Grantee), an extract of the State Data in the
format specified by the Department.
4.Backup and Recovery of State Data. Grantee is responsible for maintaining
a backup of State Data and for an orderly and timely recovery of such data.
Grantee must maintain a contemporaneous backup of State Data that can
be recovered within two hours at any point in time.
5.Loss or Compromise of Data. In the event of any act, error or omission,
negligence, misconduct, or breach on the part of Grantee that
compromises or is suspected to compromise the security, confidentiality, or
integrity of State 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, Grantee
must, as applicable: (a) notify the Department as soon as practicable but
no later than 24 hours of becoming aware of such occurrence; (b)
cooperate with the Department 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 the Department; (c) in the case of PII or PHI, at the Department’s sole
election, (i) with approval and assistance from the Department, notify the
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affected individuals who comprise the PII 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 the Department for any costs in notifying the
affected individuals; (d) in the case of PII, provide third-party credit and
identity monitoring services to each of the affected individuals who
comprise the PII for the period required to comply with applicable law, or, in
the absence of any legally required monitoring services, for no less than 24
months following the date of notification to such individuals; (e) perform or
take any other actions required to comply with applicable law as a result of
the occurrence; (f) pay for any costs associated with the occurrence,
including but not limited to any costs incurred by the Department in
investigating and resolving the occurrence, including reasonable attorney’s
fees associated with such investigation and resolution; (g) without limiting
Grantee’s obligations of indemnification as further described in this
Agreement, indemnify, defend, and hold harmless the Department for any
and all claims, including reasonable attorneys’ fees, costs, and incidental
expenses, which may be suffered by, accrued against, charged to, or
recoverable from the Department in connection with the occurrence; (h) be
responsible for recreating lost State Data in the manner and on the
schedule set by the Department without charge to the Department; and, (i)
provide to the Department 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, not be
tangentially used for any solicitation purposes, 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 services to be
provided by Grantee. The Department will have the option to review and
approve any notification sent to affected individuals prior to its delivery.
Notification to any other party, including but not limited to public media
outlets, must be reviewed, and approved by the Department in writing prior
to its dissemination. The parties agree that any damages relating to a
breach of this section are to be considered direct damages and not
consequential damages.
6.Surrender of Confidential Information upon Termination. Upon termination
or expiration of this Contract or a Statement of Work, in whole or in part,
each party must, within 5 Business Days from the date of termination,
return to the other party any and all Confidential Information received from
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the other party, or created or received by a party on behalf of the other
party, which are in such party’s possession, custody, or control. Upon
confirmation from the State, of receipt of all data, Grantee must
permanently sanitize or destroy the State’s Confidential Information,
including State Data, from all media including backups using National
Security Agency (“NSA”) and/or National Institute of Standards and
Technology (“NIST”) (NIST Guide for Media Sanitization 800-88) data
sanitization methods or as otherwise instructed by the State. If the State
determines that the return of any Confidential Information is not feasible or
necessary, Grantee must destroy the Confidential Information as specified
above. The Grantee must certify the destruction of Confidential Information
(including State Data) in writing within 5 Business Days from the date of
confirmation from the State. Any requirement on the Grantee’s part to
retain data beyond the end of this contract must be authorized by the State
Q.Non-Disclosure of Confidential Information
1.The Grantee agrees that it will use confidential information solely for the
purpose of this Agreement. The Grantee agrees to hold all confidential
information in strict confidence and not to copy, reproduce, sell, transfer or
otherwise dispose of, give or disclose such confidential information to third
parties other than employees, agents, or subcontractors of a party who have
a need to know in connection with this Agreement or to use such confidential
information for any purpose whatsoever other than the performance of this
Agreement. The Grantee must take all reasonable precautions to safeguard
the confidential information. These precautions must be at least as great as
the precautions the Grantee takes to protect its own confidential or
proprietary information.
2.Meaning of Confidential Information
For the purpose of this Agreement the term “confidential information”
means all information and documentation that:
a.Has been marked “confidential” or with words of similar meaning, at
the time of disclosure by such party;
b.If disclosed orally or not marked “confidential” or with words of
similar meaning, was subsequently summarized in writing by the
disclosing party and marked “confidential” or with words of similar
meaning;
c.Should reasonably be recognized as confidential information of the
disclosing party; or
d.Reserved
e.Is designated by law as confidential.
3.The term “confidential information” does not include any information or
documentation that was:
a.Subject to disclosure under the Michigan Freedom of Information
Act (FOIA);
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b.Already in the possession of the receiving party without an
obligation of confidentiality; or
c.Developed independently by the receiving party, as demonstrated
by the receiving party, without violating the disclosing party’s
proprietary rights.
d.Reserved
e.Reserved
4.The Grantee must notify the Department within one business day after
discovering any unauthorized use or disclosure of confidential information.
The Grantee will cooperate with the Department in every way possible to
regain possession of the confidential information and prevent further
unauthorized use or disclosure.
R.Data Privacy and Information Security
1.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: (a) ensure the security and confidentiality of the State Data;
(b) protect against any anticipated threats or hazards to the security or
integrity of the State Data; (c) protect against unauthorized disclosure,
access to, or use of the State Data; (d) ensure the proper disposal of State
Data; and (e) ensure that all employees, agents, and subcontractors of
Grantee, if any, comply with all of the foregoing. In no case will the
safeguards of Grantee’s data privacy and information security program be
less stringent than the safeguards used by the Department, and Grantee
must at all times comply with all applicable State policies and standards,
which are available to Grantee upon request.
2.Reserved
3.Right of Audit by the State. Without limiting any other audit rights of the
Department, the Department has the right to review Grantee’s data privacy
and information security program prior to the commencement of the
Agreement’s Statement of Work and from time to time during the term of
this Agreement. During the providing of the Agreement’s Statement of
Work, on an ongoing basis from time to time and without notice, the
Department, 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 the
Department, Grantee agrees to complete, within 45 calendar days of
receipt, an audit questionnaire provided by the Department regarding
Grantee’s data privacy and information security program.
4.Audit Findings. Grantee must implement any required safeguards as
identified by the Department or by any audit of Grantee’s data privacy and
information security program.
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S.Cap on Salaries
None of the funds awarded to the Grantee through this Agreement will be used to
pay, either through a grant or other external mechanism, the salary of an individual
at a rate in excess of Executive Level II. The current rates of pay for the Executive
Schedule are located on the United States Office of Personnel Management web
site, http://www.opm.gov, by navigating to Policy — Pay & Leave — Salaries &
Wages. The salary rate limitation does not restrict the salary that a Grantee may
pay an individual under its employment; rather, it merely limits the portion of that
salary that may be paid with funds from this Agreement.
IV.Financial Requirements
A.Reserved
B.Reimbursement Method
The Grantee will be paid for allowable expenditures incurred by the Grantee,
submitted for reimbursement on the Financial Status Reports (FSRs) and approved
by the Department. Reimbursement from the Department is based on the
understanding that Department funds will be paid up to the total Department
allocation as agreed to in the approved budget. Department funds are the first
source after the application of fees and earmarked sources unless a specific local
match condition exists.
C.Financial Status Report Submission
The Grantee must electronically prepare and submit FSRs to the Department via
the EGrAMS website http://egrams-mi.com/mdhhs.
FSRs must be submitted on a monthly basis, no later than 30 days after the close
of each calendar month. The monthly FSRs must reflect total actual program
expenditures, up to the total agreement amount. Failure to meet financial reporting
responsibilities as identified in this Agreement may result in withholding future
payments.
The Grantee representative who submits the FSR is certifying to the best of their
knowledge and belief that the report is true, complete and accurate and the
expenditures, disbursements and cash receipts are for the purposes and objectives
set forth in the terms and conditions of this Agreement. The individual submitting
the FSR should be aware that any false, fictitious or fraudulent information, or the
omission of any material facts, may subject them to criminal, civil or administrative
penalties for fraud, false statements, false claims or otherwise.
The instructions for completing the FSR form are available on the EGrAMS
website http://egrams-mi.com/mdhhs. Send FSR questions to
FSRMDHHS@michigan.gov.
D.Reimbursement Mechanism
All Grantees must register using the on-line vendor self-service site to receive all
state of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits,
as mandated by MCL 18.1283a. Vendor registration information is available
through the Department of Technology, Management and Budget’s web site:
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https://www.michigan.gov/sigmavss.
E.Final Obligations and Financial Status Reporting Requirements
1.Obligation Report
The Obligation Report, based on annual guidelines, must be submitted by
the due date established by and using the format provided by the
Department’s Expenditures Operations Division. The Grantee must provide
an estimate of unbilled expenditures for the entire Agreement period. The
information on the report will be used to record the Department’s year-end
accounts payable and receivable for this Agreement.
2.Department-wide Payment Suspension
A temporary payment suspension is in effect on agreements during the
Department’s year-end closing period. The Department will notify the
Grantee of the date by which FSRs should be submitted to ensure payment
prior to the payment suspension period.
3.Final FSRs
Final FSRs are due 30 days following the end of the Agreement period.
The final FSR must be clearly marked “Final." Final FSRs not received by
the due date may result in the loss of funding requested on the Obligation
Report and may result in a potential reduction in a subsequent year's
Agreement amount.
F.Unobligated Funds
Any unobligated balance of funds held by the Grantee at the end of the Agreement
period will be returned to the Department within 30 days of the end of the
Agreement or treated in accordance with instructions provided by the Department.
G.Indirect Costs
The Grantee may use an approved federal or state indirect rate in their budget
calculations and financial status reporting. If the Grantee does not have an existing
approved federal or state indirect rate, they may use a 10% de minimis rate in
accordance with 2 CFR 200 to recover their indirect costs. Governmental Grantees
with an existing cost allocation plan may budget accordingly in lieu of an indirect
cost rate. Non-governmental Grantees may use a cost allocation plan only if the
plan was in place prior to December 26, 2014.
V.Agreement Termination
This Agreement may be terminated without further liability or penalty to the Department for
any of the following reasons:
A.By either party by giving 30 days written notice to the other party stating the
reasons for termination and the effective date.
B.By either party with 30 days written notice upon the failure of either party to carry
out the terms and conditions of this Agreement, provided the alleged defaulting
party is given notice of the alleged breach and fails to cure the default within the 30-
day period.
C.Immediately if the Grantee or an official of the Grantee or an owner is convicted of
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any activity referenced in Part 2 Section III. D. of this Agreement during the term of
this Agreement or any extension thereof.
D.Immediately if the Department determines that Grantee fails or has failed to meet
its obligations under Part 2 Section III. R.
VI.Stop Work Order
The Department may suspend any or all activities under this Agreement at any time. The
Department will provide the Grantee with a written stop work order detailing the
suspension. Grantee must comply with the stop work order upon receipt. The Department
will not pay for activities, Grantee’s incurred expenses or financial losses, or any additional
compensation during a stop work period.
VII.Final Reporting Upon Termination
Should this Agreement be terminated by either party, within 30 days after the termination,
the Grantee must provide the Department with all financial, performance and other reports
required as a condition of this Agreement. The Department will make payments to the
Grantee for allowable reimbursable costs not covered by previous payments or other state
or federal programs. The Grantee must immediately refund to the Department any funds
not authorized for use and any payments or funds advanced to the Grantee in excess of
allowable reimbursable expenditures.
VIII.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 parts of the Agreement will continue in full force and effect.
IX.Waiver
Failure by the Department to enforce any provision of this Agreement will not constitute a
waiver of the Department’s right to enforce any other provision of this Agreement.
X.Amendments
Any changes to this Agreement will be valid only if made in writing and executed by all
parties through an amendment to this Agreement. Any change proposed by the Grantee
which would affect the Department funding of any project must be submitted in writing to
the Department immediately upon determining the need for such change. The Department
has sole discretion to approve or deny the amendment request. The Grantee must, upon
request of the Department and receipt of a proposed amendment, amend this Agreement.
XI.Liability
The Grantee assumes all liability to third parties, loss, or damage because of claims,
demands, costs, or judgments arising out of activities, such as but not limited to direct
activity delivery, to be carried out by the Grantee in the performance of this Agreement,
under the following conditions:
A.The liability, loss, or damage is caused by, or arises out of, the actions of or failure
to act on the part of the Grantee, any of its subcontractors, or anyone directly or
indirectly employed by the Grantee.
B.Nothing herein will be construed as a waiver of any governmental immunity that has
been provided to the Grantee or its employees by statute or court decisions.
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The Department is not liable for consequential, incidental, indirect or special damages,
regardless of the nature of the action.
XII.State of Michigan Agreement
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 the Michigan Court of Claims. Complaints against the
State must be initiated in Ingham County, Michigan. Grantee waives any objections, such
as lack of personal jurisdiction or forum non conveniens. Grantee must appoint an agent in
Michigan to receive service of process.
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A Attachment A - Statement of Work
The Grantee shall comply with the following Performance Standards:
1.CAR Processing (for Prosecuting Attorney and combined offices ONLY):
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 (for Prosecuting Attorney and combined offices ONLY): Successful
SOP pursuant to Michigan IV-D Child Support Manual Section 4.15.
4.Order Establishment (for Prosecuting Attorney and combined offices
ONLY): IV-D cases must have an order established pursuant to Michigan
IV-D Child Support Manual Section 4.15 within 6 months for child support
(DS) and paternity (DP) cases.
5.Review and Modification (for Friend of the Court and combined offices
ONLY): 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 (for Friend of the Court and combined offices ONLY):
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.
8.Training: IV- D staff (this does not include county IT staff who have no
other IV-D duties) take one (1) hour of customer service training each fiscal
year. IV-D staff (this does not include county IT staff who have no other
IV-D duties) take four (4) hours of IV-D training each fiscal year.
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
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located.
3.SOP: 75% of cases had a successful SOP pursuant to Michigan IV-D
Child Support Manual Section 4.15. Note: If from the date of the court
action referral initiation, there are at least 75 days remaining in the federally
required 90-day SOP timeframe (the timeframe is maintained in MiCSES as
the federal expiration dates [aka “FED”]), then the SOP requirement
pursuant to Michigan IV-D Child Support Manual Section 4.15 must be met
and those cases are included in the evaluation. Any cases in which
MiCSES calculated the federal expiration dates before March 4, 2016 are
excluded from the evaluation of the performance standard.
4.Order Establishment: 75% of child support (DS) and paternity (DP) cases
have an order established pursuant to Michigan IV-D Child Support Manual
Section 4.15 within 6 months.
5.Review and Modification: The review and modifications are performed in
accordance with the Michigan IV-D Child Support Manual, Section 3.45 and
75% are completed within 180 days.
6.Medical Support: 75% of cases include provisions ordering one or both
parties to provide medical insurance or cash medical support.
7.Timely Enforcement: Enforcement was initiated or continued within thirty
days of locating an NCP in 75% of cases.
8.Training: 80% of IV- D staff (this does not include county IT staff who
have no other IV-D duties) take one (1) hour of customer service training
each fiscal year. 80% of IV-D staff (this does not include county IT staff
who have no other IV-D duties) take four (4) hours of IV-D training each
fiscal year.
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B Attachment B - Budget
Budget Summary - 2024
A. CONTRACT DESCRIPTION
COUNTY :Oakland CONTRACT NO :CSPA24-63002
PROVIDER :FOC PA COM
FISCAL YEAR
:2024
AMENDME
NT
LINE ITEM
TRANSFER
COLUMN I COLUMN II COLUMN III COLUMN IV COLUMN V
Allocation Factors
Current
2024
IV-D Budget
Adjustment
To 2024
IV-D Budget
Revised
2024
IV-D Budget
Provider's
Total
Eligible
Budget
SECTION B
1. FTE Positions 22.00 0.00 0.00 22.00
2. % of Total FTE 100.00 0.00 0.00 100.00
3. Caseload % (FOC, COM)100.00 0.00 0.00 100.00
Budget Categories
Current
2024
IV-D Budget
Adjustment
To 2024
IV-D Budget
Revised
2024
IV-D Budget
Provider's
Total
Eligible
Budget
SECTION C
1. Personnel 2,651,028.00 0.00 0.00 2,651,028.00
2. Data Processing 140,000.00 0.00 0.00 140,000.00
3. Other Direct 583,865.00 0.00 0.00 583,865.00
4. Central Services 214,092.90 0.00 0.00 214,092.90
5. Paternity Testing 0.00 0.00 0.00 0.00
6. TOTAL EXPENDITURES 3,588,985.90 0.00 0.00 3,588,985.90
7. Service Fees 0.00 0.00 0.00 0.00
8. Final Judgment Fees 0.00 0.00 0.00 0.00
9. Other Income 0.00 0.00 0.00 0.00
10. SUB TOTAL 3,588,985.90 0.00 0.00 3,588,985.90
11. Federal Incentives 0.00 0.00 0.00 0.00
12. NET BUDGET 3,588,985.90 0.00 0.00 3,588,985.90
13. County Share @ 34.00%1,220,255.21 0.00 0.00 0.00
14. State Share (IV-D) @
66.00%
2,368,730.69 0.00 0.00 0.00
15. STATE GF/GP AMOUNT 0.00 0.00 0.00 0.00
TOTAL CONTRACT
AMOUNT
2,368,730.69 0.00 0.00 0.00
Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023
__________________________________________________________________________
Page: 30 of 36
Budget Summary - 2025
A. CONTRACT DESCRIPTION
COUNTY :Oakland CONTRACT NO :CSPA24-63002
PROVIDER :FOC PA COM
FISCAL YEAR
:2025
AMENDMEN
T
LINE ITEM
TRANSFER
COLUMN I COLUMN II COLUMN III COLUMN IV COLUMN V
Allocation Factors
Current
2025
IV-D Budget
Adjustment
To 2025
IV-D Budget
Revised
2025
IV-D Budget
Provider's
Total
Eligible Budget
SECTION B
1. FTE Positions 22.00 0.00 0.00 22.00
2. % of Total FTE 100.00 0.00 0.00 100.00
3. Caseload % (FOC, COM)100.00 0.00 0.00 100.00
Budget Categories
Current
2025
IV-D Budget
Adjustment
To 2025
IV-D Budget
Revised
2025
IV-D Budget
Provider's
Total
Eligible Budget
SECTION C
1. Personnel 2,725,828.00 0.00 0.00 2,725,828.00
2. Data Processing 195,000.00 0.00 0.00 195,000.00
3. Other Direct 622,809.00 0.00 0.00 622,809.00
4. Central Services 224,797.55 0.00 0.00 224,797.55
5. Paternity Testing 0.00 0.00 0.00 0.00
6. TOTAL EXPENDITURES 3,768,434.55 0.00 0.00 3,768,434.55
7. Service Fees 0.00 0.00 0.00 0.00
8. Final Judgment Fees 0.00 0.00 0.00 0.00
9. Other Income 0.00 0.00 0.00 0.00
10. SUB TOTAL 3,768,434.55 0.00 0.00 3,768,434.55
11. Federal Incentives 0.00 0.00 0.00 0.00
12. NET BUDGET 3,768,434.55 0.00 0.00 3,768,434.55
13. County Share @ 34.00%1,281,267.75 0.00 0.00 0.00
14. State Share (IV-D) @
66.00%
2,487,166.80 0.00 0.00 0.00
15. STATE GF/GP AMOUNT 0.00 0.00 0.00 0.00
TOTAL CONTRACT AMOUNT 2,487,166.80 0.00 0.00 0.00
Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023
__________________________________________________________________________
Page: 31 of 36
Budget Summary - 2026
A. CONTRACT DESCRIPTION
COUNTY :Oakland CONTRACT NO :CSPA24-63002
PROVIDER :FOC PA COM
FISCAL YEAR
:2026
AMENDMEN
T
LINE ITEM
TRANSFER
COLUMN I COLUMN II COLUMN III COLUMN IV COLUMN V
Allocation Factors
Current
2026
IV-D Budget
Adjustment
To 2026
IV-D Budget
Revised
2026
IV-D Budget
Provider's
Total
Eligible Budget
SECTION B
1. FTE Positions 22.00 0.00 0.00 22.00
2. % of Total FTE 100.00 0.00 0.00 100.00
3. Caseload % (FOC, COM)100.00 0.00 0.00 100.00
Budget Categories
Current
2026
IV-D Budget
Adjustment
To 2026
IV-D Budget
Revised
2026
IV-D Budget
Provider's
Total
Eligible Budget
SECTION C
1. Personnel 2,827,028.00 0.00 0.00 2,827,028.00
2. Data Processing 230,000.00 0.00 0.00 230,000.00
3. Other Direct 663,784.00 0.00 0.00 663,784.00
4. Central Services 236,037.43 0.00 0.00 236,037.43
5. Paternity Testing 0.00 0.00 0.00 0.00
6. TOTAL EXPENDITURES 3,956,849.43 0.00 0.00 3,956,849.43
7. Service Fees 0.00 0.00 0.00 0.00
8. Final Judgment Fees 0.00 0.00 0.00 0.00
9. Other Income 0.00 0.00 0.00 0.00
10. SUB TOTAL 3,956,849.43 0.00 0.00 3,956,849.43
11. Federal Incentives 0.00 0.00 0.00 0.00
12. NET BUDGET 3,956,849.43 0.00 0.00 3,956,849.43
13. County Share @ 34.00%1,345,328.81 0.00 0.00 0.00
14. State Share (IV-D) @
66.00%
2,611,520.62 0.00 0.00 0.00
15. STATE GF/GP AMOUNT 0.00 0.00 0.00 0.00
TOTAL CONTRACT AMOUNT 2,611,520.62 0.00 0.00 0.00
Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023
__________________________________________________________________________
Page: 32 of 36
Budget Summary - 2027
A. CONTRACT DESCRIPTION
COUNTY :Oakland CONTRACT NO :CSPA24-63002
PROVIDER :FOC PA COM
FISCAL YEAR
:2027
AMENDMEN
T
LINE ITEM
TRANSFER
COLUMN I COLUMN II COLUMN III COLUMN IV COLUMN V
Allocation Factors
Current
2027
IV-D Budget
Adjustment
To 2027
IV-D Budget
Revised
2027
IV-D Budget
Provider's
Total
Eligible Budget
SECTION B
1. FTE Positions 22.00 0.00 0.00 22.00
2. % of Total FTE 100.00 0.00 0.00 100.00
3. Caseload % (FOC, COM)100.00 0.00 0.00 100.00
Budget Categories
Current
2027
IV-D Budget
Adjustment
To 2027
IV-D Budget
Revised
2027
IV-D Budget
Provider's
Total
Eligible Budget
SECTION C
1. Personnel 2,942,528.00 0.00 0.00 2,942,528.00
2. Data Processing 275,000.00 0.00 0.00 275,000.00
3. Other Direct 689,325.00 0.00 0.00 689,325.00
4. Central Services 247,839.30 0.00 0.00 247,839.30
5. Paternity Testing 0.00 0.00 0.00 0.00
6. TOTAL EXPENDITURES 4,154,692.30 0.00 0.00 4,154,692.30
7. Service Fees 0.00 0.00 0.00 0.00
8. Final Judgment Fees 0.00 0.00 0.00 0.00
9. Other Income 0.00 0.00 0.00 0.00
10. SUB TOTAL 4,154,692.30 0.00 0.00 4,154,692.30
11. Federal Incentives 0.00 0.00 0.00 0.00
12. NET BUDGET 4,154,692.30 0.00 0.00 4,154,692.30
13. County Share @ 34.00%1,412,595.38 0.00 0.00 0.00
14. State Share (IV-D) @
66.00%
2,742,096.92 0.00 0.00 0.00
15. STATE GF/GP AMOUNT 0.00 0.00 0.00 0.00
TOTAL CONTRACT AMOUNT 2,742,096.92 0.00 0.00 0.00
Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023
__________________________________________________________________________
Page: 33 of 36
Budget Summary - 2028
A. CONTRACT DESCRIPTION
COUNTY :Oakland CONTRACT NO :CSPA24-63002
PROVIDER :FOC PA COM
FISCAL YEAR
:2028
AMENDMEN
T
LINE ITEM
TRANSFER
COLUMN I COLUMN II COLUMN III COLUMN IV COLUMN V
Allocation Factors
Current
2028
IV-D Budget
Adjustment
To 2028
IV-D Budget
Revised
2028
IV-D Budget
Provider's
Total
Eligible Budget
SECTION B
1. FTE Positions 22.00 0.00 0.00 22.00
2. % of Total FTE 100.00 0.00 0.00 100.00
3. Caseload % (FOC, COM)100.00 0.00 0.00 100.00
Budget Categories
Current
2028
IV-D Budget
Adjustment
To 2028
IV-D Budget
Revised
2028
IV-D Budget
Provider's
Total
Eligible Budget
SECTION C
1. Personnel 3,045,928.00 0.00 0.00 3,045,928.00
2. Data Processing 310,000.00 0.00 0.00 310,000.00
3. Other Direct 746,275.00 0.00 0.00 746,275.00
4. Central Services 260,231.27 0.00 0.00 260,231.27
5. Paternity Testing 0.00 0.00 0.00 0.00
6. TOTAL EXPENDITURES 4,362,434.27 0.00 0.00 4,362,434.27
7. Service Fees 0.00 0.00 0.00 0.00
8. Final Judgment Fees 0.00 0.00 0.00 0.00
9. Other Income 0.00 0.00 0.00 0.00
10. SUB TOTAL 4,362,434.27 0.00 0.00 4,362,434.27
11. Federal Incentives 0.00 0.00 0.00 0.00
12. NET BUDGET 4,362,434.27 0.00 0.00 4,362,434.27
13. County Share @ 34.00%1,483,227.65 0.00 0.00 0.00
14. State Share (IV-D) @
66.00%
2,879,206.62 0.00 0.00 0.00
15. STATE GF/GP AMOUNT 0.00 0.00 0.00 0.00
TOTAL CONTRACT AMOUNT 2,879,206.62 0.00 0.00 0.00
Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023
__________________________________________________________________________
Page: 34 of 36
Budget Abstract Summary
Description 2024 2025 2026 2027 2028 Total
SECTION B
1. FTE Positions 22.00 22.00 22.00 22.00 22.00 110.00
2. % of Total FTE 100.00 100.00 100.00 100.00 100.00 500.00
3. Caseload % (FOC,
COM)
100.00 100.00 100.00 100.00 100.00 500.00
SECTION C
1. Personnel 2,651,028.
00
2,725,828.
00
2,827,028.
00
2,942,528.
00
3,045,928.
00
14,192,340.0
0
2. Data Processing 140,000.00 195,000.00 230,000.00 275,000.00 310,000.00 1,150,000.00
3. Other Direct 583,865.00 622,809.00 663,784.00 689,325.00 746,275.00 3,306,058.00
4. Central Services 214,092.90 224,797.55 236,037.43 247,839.30 260,231.27 1,182,998.45
5. Paternity Testing 0.00 0.00 0.00 0.00 0.00 0.00
6. TOTAL
EXPENDITURES
3,588,985.
90
3,768,434.
55
3,956,849.
43
4,154,692.
30
4,362,434.
27
19,831,396.4
5
7. Service Fees 0.00 0.00 0.00 0.00 0.00 0.00
8. Final Judgment Fees 0.00 0.00 0.00 0.00 0.00 0.00
9. Other Income 0.00 0.00 0.00 0.00 0.00 0.00
10. SUB TOTAL 3,588,985.
90
3,768,434.
55
3,956,849.
43
4,154,692.
30
4,362,434.
27
19,831,396.4
5
11. Federal Incentives 0.00 0.00 0.00 0.00 0.00 0.00
12. NET BUDGET 3,588,985.
90
3,768,434.
55
3,956,849.
43
4,154,692.
30
4,362,434.
27
19,831,396.4
5
13. County Share @
34.00%
1,220,255.
21
1,281,267.
75
1,345,328.
81
1,412,595.
38
1,483,227.
65
6,742,674.80
14. State Share (IV-D) @
66.00%
2,368,730.
69
2,487,166.
80
2,611,520.
62
2,742,096.
92
2,879,206.
62
13,088,721.6
5
15. STATE GF/GP
AMOUNT
0.00 0.00 0.00 0.00 0.00 0.00
TOTAL CONTRACT
AMOUNT
2,368,730.
69
2,487,166.
80
2,611,520.
62
2,742,096.
92
2,879,206.
62
13,088,721.6
5
Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023
__________________________________________________________________________
Page: 35 of 36
B3Attachment B3 - Equipment Inventory ScheduleAttachment B3 - Equipment Inventory ScheduleCAttachment C - Performance Report RequirementsAttachment C - Performance/Progress Report RequirementsEAttachment E - Program RequirementsAttachment E - Program Specific RequirementsContract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023________________________________________________________________________________________________________________Page: 36 of 36
ATTACHMENT B.3
MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES
BUREAU OF GRANTS AND PURCHASING
EQUIPMENT INVENTORY SCHEDULE
Please list equipment items that were purchased during the grant agreement period as specified in the grant
agreement budget’s cost detail schedule - Attachment B.2. Provide as much information about each piece as
possible, including quantity, item name, item specifications: make, model, etc. Equipment is defined to be an
article of non-expendable tangible personal property having a useful life of more than one (1) year and an
acquisition cost of $5,000 or more per unit. Please complete and forward this form to the MDHHS contract
manager with the final progress report.
Grantee Name: Contract #: Date:
Quantity Item Name Item Specification Tag
Number
Purchased
Amount
$
$
$
$
$
$
$
$
$
$
Total $ 0
Grantee’s Signature: ______________________________________ Date: ___________
FY 2024
ATTACHMENT C
PERFORMANCE / PROGRESS REPORT REQUIREMENTS
A. The Grantee shall submit the following reports on the following dates:
1. 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 Section 5.85, Agency Placement
– 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 Section 5.40, Public Assistance
Impacts: Unreimbursed Grant, Linking, and Pass-Through
(Client Participation Payment) of the Michigan IV-D Child
Support Manual 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 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 March 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:
Cycle:
To:
12. Form:
Cycle:
To:
Maintenance of Effort Report in EGrAMS
Due annually 90 days af ter the close of the Grantee fiscal year
Grantee to review and compare annual expenditures to retain the
full amount of the General Fund Match for incentives and to
ensure the funds ar e not used to replace or supplant county
funding. The county must m aint ain spending on the IV-D program
at the same percent age as it provided to the IV-D pr ogram in the
previous fiscal year per I V-D M emorandum 2011-020.
Independent Security Assessment Report
Due September 30 every three years; starting with September 30, 2025
Michigan Department of Health and Human Services
Office of Child Support
B.The Contract Manager shall evaluate the reports submitted as described in
Attachment C, Item A for their completeness and adequacy.
C.The Grantee shall permit the Department or its designee to visit and to make an
evaluation of the project as determined by Contract Manager
Page | 1
Attachment E
Program Specific Requirements
Agreement Subsection Clarifications:
I. The purpose of the program is for the Grantee, under the terms of this
Agreement, to participate with the Office of Child Support (OCS) in various child
support projects. These projects may be funded with additional federal
performance incentives or federal or private grants. In addition to the Title IV-D
standards, these projects may be subject to additional specific requirements. The
additional specific requirements will be provided to the Grantee and the Grantee
agrees to comply with any specific requirements related to any project in which it
agrees to participate.
II. The Grantee shall comply with all applicable requirements of the following (and
any amendments to the following), hereinafter referred to as “Title IV-D
Standards”, that relate to establishing paternity or obtaining and enforcing
support orders:
• U.S. Code Title 42, Chapter 7, subchapter IV, Part D
• 45 Code of Federal Regulations (CFR) Part 300 to 399
• 45 CFR Part 75
• 45 CFR Part 95
• 2 CFR Part 200
• Taxpayer First Act/Internal Revenue Code § 6103(p)(4)(E)
• Applicable Michigan Compiled Laws and Public Acts
• Applicable Michigan Court Rules
• Friend of the Court Manual
• Prosecuting Attorney Handbook
• Combined IV-D Policy Manual
• Internal Revenue Service Publication 1075, Office of Child Support
Services (OCSS) and OCSS Security Agreement and Addendum
• Michigan IV-D Child Support Manual
• Michigan IV-D Memorandum (previously referred to as Action
Transmittals)
• MDHHS issued policies and procedures
III. 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
(https://mi-support.state.mi.us/CentralActivities/SitePages/Contracts.aspx)
IV. The Grantee shall use the automated Michigan Child Support Enforcement
System (hereinafter referred to as MiCSES System).
Page | 2
V. In addition to terms included in Part 2, Section I.H of the Grant Agreement, the
Grantee shall ensure that if the subrecipient has access to federal tax
information that the subcontract contain the Internal Revenue Service Public
1075 Exhibit 7 Contract Language. Audit of subrecipients is required by Internal
Revenue Service Public 1075.
VI. In addition to terms included in Part 2, Section I.S of the Grant Agreement, the
Grantee shall require any employee, subcontractor, subcontractor employee or
volunteer prior to granting access to federal tax information, to undergo a
background investigation in accordance with Section 1.13, “Internal Revenue
Service (IRS) Background Investigation Requirements,” of the Michigan IV-D
Child Support Manual.
VII. In addition to terms included in Part 2, Section III.K of the Grant Agreement,
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.
Grantee must allow for the 45-day notification to the Internal Revenue Service
to secure the approval of disclosure of federal tax information.
VIII. In addition to terms included in Part 2, Section III.P of the Grant Agreement,
State Data is also defined as State Data is defined as any data entered on,
stored in, extracted from any state or federal child support system or record.
Grantee data is defined as data the Grant ee 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 Part 2, Sections III.P and IIIQ 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.)
IX. 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.
X. In further clarify terms included in Part 2, Section III.Q of the Grant Agreement,
the following information and documentation is considered confidential
information: either State Data or Grantee Data identified as confidential
information in the 45 CFR 303.21, Section 1.10 of the Michigan IV-D Child
Support Manual, the OCSS Security Agreement and Security Addendum, or the
Internal Revenue Service (IRS) Publication 1075. Confidential IV-D information
includes but is not limited to: Federal Parent Locator Service (FPLS)
information; Federal Tax Information (FTI); State Tax Information (STI);
Personal Health Information (PHI); and Personally Identifiable Information (PII);
Page | 3
and Other information obtained in the performance of IV-D functions.
XI. In addition to terms included in Part 2, Section III.Q of the Grant Agreement, 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 OCSS Security
Agreement and Addendum or the IRS Publication 1075 and to maintain a Data
Privacy and Information Security Program as described in this Agreement. The
Grantee agrees to advise and require it’s respective employees, agents, and
subcontractors of their obligations to keep all confidential information
confidential. Disclosure to a subcontractor (also called a Subaward) is
permissible where:
A. Use of and disclosure to a subcontractor is authorized under this
Agreement;
B. The disclosure is necessary or otherwise naturally occurs in connection
with work that is within the subcontractor’s responsibilities; and
C. Grantee obligates the subcontractor in a written contract to maintain
MDHS’s confidential information in confidence.
At MDHHS’s request, any employee of Grantee or subcontractor may be
required to execute a separate agreement to be bound by provisions of this
Agreement.
XII. In addition to terms included in Part 2, Section III.Q, Items 1-3 (Item 4 is
superseded as described) of the Grant Agreement, the Grantee agrees 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:
a. Notify MDHHS immediately but no later than one hour after
discovering any unauthorized use or disclosure of
confidential information in accordance with Section 1.10,
Confidentiality/Security of the Michigan IV-D Child Support
Manual;
b. Cooperate with MDHHS in investigating the occurrence,
including making available all records, logs, files, data
reporting, and other materials required to comply with
applicable law or as otherwise required by MDHHS;
c. Cooperate in every way possible to regain possession of the
confidential information and prevent further unauthorized use
or disclosure.;
d. In the case of PII or PHI, at MDHHS’s sole election, (i) notify
the affected individuals who comprise the PII or PHI as soon
as practicable but no later than is required to comply with
Page | 4
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;
e. The MDHHS and the grantee may agree, depending on the
severity of the circumstances in the case of PII, that the
grantee may be required to provide third-party credit and
identity monitoring services to each of the affected
individuals who comprise the PII;
f. Perform or take any other actions required to comply with
applicable law as a result of the occurrence;
g. Be responsible for recreating lost State Data in the manner
and on the schedule set by MDHHS without charge to
MDHHS; and
h. 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 services to
be provided by Grantee.
XIII. In addition to terms included in Part 2, Section III.R of the Grant Agreement, every three
years, beginning with FY2025, the Grantee must participate in an independent security
assessment that evaluates its compliance with the management, operational, and
technical controls required by the OCSS Security Agreement, IRS Publication 1075,
DTMB Technical Policies, Standards, and Procedures, and MDHHS-OCS security and
confidentiality policies. The assessment will be conducted by an unbiased, independent
entity that MDHHS-OCS will contract with to perform the assessments. After the
assessment, the entity must issue an assessment report to the Grantee that includes
detailed findings and recommendations to improve the Grantee’s procedures, practices
and systems in order to meet the control requirements. The Grantee will provide a Plan
of Action and Milestone (POAM) report to MDHHS 30 days after receipt of the final
county assessment report.
Page | 5
XIV. In addition to terms included in Part 2, Section III.R of the Grant Agreement, the
Grantee’s data privacy and information security program must be designed to:
A. As described in the Title IV-D Standards (specifically) MDHHS OCS security
and confidentiality policies (located on misupport at HTTPS://mi-
support.state.mi.us/policy/1.10.pdf), 45 CFR 303.21 and 307.13 ensure the
security and confidentiality of the confidential data;
B. 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;
C. As described in the Title IV-D Standards protect against unauthorized
disclosure, access to, or use of the confidential data;
D. As described in the Title IV-D Standards ensure the proper disposal of the
confidential data.
E. Comply with the requirements of any County IV-D Office remote access
agreements executed with the Office of Child Support
F. Comply with the requirements of the federal OCSS Security Agreement
(https://mi-support.state.mi.us/Policy/1.23E8.pdf) and ensure that a copy has
been provided to and acknowledged by the Grantee’s information technology
provider.
G. 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).
H. Comply with the requirements of the IRS Publication 1075. 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 officers or employees with the following
requirements:
(1) All work will be performed under the supervision of the Grantee.
(2) The Grantee and Grantee’s officers or employees to be authorized access to
FTI must meet background check requirements defined in IRS Publication
1075. The Grantee will maintain a list of officers or employees authorized
access to FTI. Such list will be provided to the agency and, upon request, to
the IRS.
(3) FTI in hardcopy or electronic format shall be used only for the purpose of
carrying out the provisions of this Agreement. FTI in any format 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
Page | 6
this Agreement. Inspection or disclosure of FTI to anyone other than the
Grantee or the Grantee’s officers or employees authorized is prohibited.
(4) FTI will be accounted for upon receipt and properly stored before, during, and
after processing. In addition, any related output and products require the
same level of protection as required for the source material.
(5) The Grantee will certify that FTI processed during the performance of this
Agreement will be completely purged from all physical and electronic data
storage with no output to be retained by the Grantee at the time the work is
completed. If immediate purging of physical and electronic data storage is
not possible, the Grantee will certify that any FTI in physical or electronic
storage will remain safeguarded to prevent unauthorized disclosures.
(6) Any spoilage or any intermediate hard copy printout that may result during the
processing of FTI will be given to the agency. When this is not possible, the
Grantee will be responsible for the destruction of the spoilage or any
intermediate hard copy printouts and will provide the agency with a
statement containing the date of destruction, description of material
destroyed, and the destruction method.
(7) All computer systems receiving, processing, storing, or transmitting FTI must
meet the requirements in IRS Publication 1075. To meet functional and
assurance requirements, the security features of the environment must
provide for the managerial, operational, and technical controls. All security
features must be available and activated to protect against unauthorized use
of and access to FTI.
(8) No work involving FTI furnished under this Agreement will be subcontracted
without the prior written approval of the IRS.
(9) Grantee will ensure that the terms of FTI safeguards described herein are
included, without modification, in any approved subcontract for work
involving FTI.
(10) To the extent the terms, provisions, duties, requirements, and obligations of
this Agreement apply to performing services with FTI, the Grantee shall
assume toward the subcontractor all obligations, duties and responsibilities
that the agency under this Agreement assumes toward the Grantee, and the
subcontractor shall assume toward the Grantee all the same obligations,
duties and responsibilities which the Grantee assumes toward the agency
under this Agreement.
(11) In addition to the subcontractor’s obligations and duties under an approved
subcontract, the terms and conditions of this Agreement apply to the
subcontractor, and the subcontractor is bound and obligated to the Grantee
hereunder by the same terms and conditions by which the Grantee is bound
and obligated to the agency under this Agreement.
(12) For purposes of this Agreement , the term “Grantee” includes any officer or
Page | 7
employee of the Grantee with access to or who uses FTI, and the term
“subcontractor” includes any officer or employee of the subcontractor with
access to or who uses FTI.
(13) The agency will have the right to void the Agreement if the Grantee fails to
meet the terms of FTI safeguards described herein.
(14) CRIMINAL/CIVIL SANCTIONS
(a) Each officer or employee of a Grantee to whom FTI is or may be disclosed shall
be notified in writing that FTI 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 FTI for a purpose not authorized herein constitutes a felony
punishable upon conviction by a fine of as much as $5,000 or imprisonment
for as long as 5 years, or both, together with the costs of prosecution.
(b) Each officer or employee of a Grantee to whom FTI is or may be accessible
shall be notified in writing that FTI accessible to such officer or employee
may be accessed only for a purpose and to the extent authorized herein, and
that access/inspection of FTI without an official need-to-know for a purpose
not authorized herein constitutes a criminal misdemeanor punishable upon
conviction by a fine of as much as $1,000 or imprisonment for as long as 1
year, or both, together with the costs of prosecution.
(c) Each officer or employee of a Grantee to whom FTI is or may be disclosed shall
be notified in writing that any such unauthorized access, inspection or
disclosure of FTI 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
for each unauthorized access, inspection, or disclosure, or the sum of actual
damages sustained as a result of such unauthorized access, inspection, or
disclosure, plus in the case of a willful unauthorized access, inspection, or
disclosure or an unauthorized access/inspection or disclosure which is the
result of gross negligence, punitive damages, plus the cost of the action.
These penalties are prescribed by IRC sections 7213, 7213A and 7431 and
set forth at 26 CFR 301.6103(n)-1.
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 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.
(d) Granting a Grantee access to FTI must be preceded by certifying that each
officer or employee understands the agency’s security policy and procedures
Page | 8
for safeguarding FTI. A Grantee and each officer or employee must maintain
their authorization to access FTI through annual recertification of their
understanding of the agency’s security policy and procedures for
safeguarding FTI. The initial certification and recertifications must be
documented and placed in the agency's files for review. As part of the
certification and at least annually afterwards, a Grantee and each officer or
employee must be advised of the provisions of IRC sections 7213, 7213A,
and 7431 (see Exhibit 4, Sanctions for Unauthorized Disclosure, and Exhibit
5, Civil Damages for Unauthorized Disclosure). The training on the agency’s
security policy and procedures provided before the initial certification and
annually thereafter must also cover the incident response policy and
procedure for reporting unauthorized disclosures and data breaches. (See
Section 10) For the initial certification and the annual recertifications, the
Grantee and each officer or employee must sign, either with ink or electronic
signature, a confidentiality statement certifying their understanding of the
security requirements.
(15) Inspection
The IRS and State, with 24-hour notice, shall have the right to send its
inspectors into the offices and plants of the Grantee to inspect facilities and
operations performing any work with FTI under this Agreement for
compliance with requirements defined in IRS Publication 1075. The IRS’
right of inspection shall include the use of manual and/or automated
scanning tools to perform compliance and vulnerability assessments of
information technology (IT) assets that access, store, process or transmit
FTI. Based on the inspection, corrective actions may be required in cases
where the Grantee is found to be noncompliant with FTI safeguard
requirements.
XV. In addition to terms included in Part 2, Section IV.B of the Grant Agreement, the
Federal Program “Title IV-D Reimbursement (State Share on the Financial
Status Report)” refers to the MDHHS reimbursement of amounts billed to DHHS
on the Financial Status Report 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. The Federal Program
“Title IV-D, Incentive Payment” is 100% federal funding. Any amount identified
as State General Fund/General Purpose is not federal funding. Any amount
identified as Fifteen (15%) Medical Support Incentive is not federal funding.
XVI. In addition to terms included in Part 2, Section X of the Grant Agreement, Budget
revision requests must be submitted in accordance with Michigan IV-D Memorandum
2015-029 or its successors.
Page | 9
Performance Standards
The Performance standards will be evaluated as follows:
MDHHS OCS will provide reports through Business Objects to measure the
performance standards described in Attachment A. The training standard will be
reported through the Learning Management System when it is implemented. A measure
will not be evaluated for the fiscal year if reporting is not available to the Grantee at the
start of that fiscal year. On an annual basis, OCS will compare the actual results to the
respective performance standards as outlined in Attachment A.
A baseline measure for the fiscal year being evaluated will be taken using the previous
fiscal year actual results to determine a starting point for each performance standard at
the beginning of each fiscal year. If the Grantee meets the performance standard at the
end of the fiscal year 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 CAP fiscal year. 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 fiscal year, 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 fiscal year and each fiscal year thereafter or termination
of the contract.
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:
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• 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.
Child Support Service Types
Combined Agreements: Enforcement Services and Establishment Services
While performing Friend of the Court and Prosecuting Attorney Services, 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
g. Informing the Consumer Reporting Agency
h. License Suspension
i. Contempt Proceedings
j. Medical Support
k. Interstate Enforcement Action
l. Financial Institution Data Match including abiding by the Delegation
Agreement in accordance with Central Financial Institution Data Match
(FIDM) Business Rules for the purpose of Administrative Lien and Levy of
financial assets.
m. Denying or Revoking Passports
4. Review and modify support orders using the “Michigan Child Support Formula
Manual”.
5. Perform locate actions when necessary.
6. Cooperate with other states in establishment services and for enforcement of
child support orders.
7. Maintain the following administrative processes:
a. Fiscal Policies and Accountability
b. Bonding of Employees
c. Separation of Cash Handling and Accounting Functions
d. Records Maintenance
Page | 11
e. Have a designated point of contact for issue resolution with partners
f. Have publicly available phone contact information for child support
participants
g. Make grievance forms available to the public and respond to grievance
forms within 30 days of receipt of the grievance in accordance with MCL
552.526
8. Receive, account for, and process voluntary support payments.
9. For the purpose of the Title IV-D Self -Assessment as described in 45 CFR
308.2:
a. Allow MDHHS and its’ identified agents access to case records.
b. Read required case reads posted by OCS to mi-support and evaluate
them against the compliance criteria and report the results to OCS
10) If applicable, enter into a Memorandum of Understanding with its County
Prosecuting Attorney in accordance with IV-D Memorandum 2015-012 (or its
successors)
11) Make all reasonable efforts to establish paternity and secure orders as
needed for the establishment of court ordered child support for children born in or
out of wedlock as provided by law.
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.
Friend of the Court: Enforcement Services
While performing Friend of the Court Services, 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
Page | 12
g) Informing the Consumer Reporting Agency
h) License Suspension
i) Contempt Proceedings
j) Medical Support
k) Interstate Enforcement Action
l) Financial Institution Data Match including abiding by the Delegation
Agreement in accordance with Central Financial Institution Data Match
(FIDM) Business Rules for the purpose of Administrative Lien and Levy of
financial assets.
m) Denying or Revoking Passports
4) Review and modify support orders using the “Michigan Child Support Formula
Manual”.
5) Perform locate actions when necessary.
6) Cooperate with other states in establishment services and for enforcement of
child support orders.
7) Maintain the following administrative processes:
a) Fiscal Policies and Accountability
b) Bonding of Employees
c) Separation of Cash Handling and Accounting Functions
d) Records Maintenance
e) Have a designated point of contact for issue resolution with partners
f) Have publicly available phone contact information for child support
participants
g) Make grievance forms available to the public and respond to grievance
forms within 30 days of receipt of the grievance in accordance with MCL
552.526
8) Receive, account for, and process voluntary support payments.
9) For the purpose of the Title IV-D Self -Assessment as described in 45 CFR
308.2:
a) Allow MDHHS and its’ identified agents access to case records.
b) Read required case reads posted by OCS to mi-support and evaluate
them against the compliance criteria and report the results to OCS
10) If applicable, enter into a Memorandum of Understanding with its County
Prosecuting Attorney in accordance with IV-D Memorandum 2015-012 (or its
successors)
11) Make all reasonable efforts to establish paternity and secure orders as
needed for the establishment of court ordered child support for children born in or
out of wedlock as provided by law.
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
Page | 13
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.
Friend of the Court: Enforcement Services
While performing Friend of the Court Services, 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
l) 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.
Page | 14
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 publicly available phone contact information for child support
participants
g) Make grievance forms available to the public and respond to grievance
forms within 30 days of receipt of the grievance in accordance with MCL
552.526
8) Receive, account for, and process voluntary support payments.
9) For the purpose of the Title IV-D Self -Assessment as described in 45 CFR
308.2:
a) Allow MDHHS and its’ identified agents access to case records.
b) Read required case reads posted by OCS to mi-support and evaluate
them against the compliance criteria and report the results to OCS.
Prosecuting Attorney: Establishment Services
While performing Prosecuting Attorney Services, 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
Page | 15
e) Have a designated point of contact for issue resolution with partners
f) Have publicly 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 support for children born in or out of wedlock as provided
by law.
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.
8) If the PA is nonresponsive for a period exceeding 90 days to requests from
MDHHS regarding tasks relating to Establishment Services and the data for
Performance Standards is less than the data for a Prosecuting Attorney of similar
size, then MDHHS can reasonably expect that the Prosecuting Attorney wants to
terminate this Agreement and have the Establishment Services reassigned.
a. MDHHS requests can include telephone, emails, and postal
mail requests as well as the assistance of the Prosecuting
Attorney Association of Michigan.
b. After 180 days of nonresponse, the MDHHS will
communicate the breach of Agreement and begin
termination proceedings.
c. The MDHHS would transfer the Establishment Services to
the FOC office or MDHHS appointed attorney.