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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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 6 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 7 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 8 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 9 of 36 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). Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 10 of 36 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. Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 11 of 36 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. Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 12 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 13 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 14 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 15 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 16 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 17 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 18 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 19 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 20 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 21 of 36 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); Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 22 of 36 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. Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 23 of 36 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: Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 24 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 25 of 36 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. Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 26 of 36 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. Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 27 of 36 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 Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 28 of 36 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. Contract # CSPA24-63002, County Of Oakland, Title IV-D Cooperative Reimbursement Program - 2024, Date: 08/08/2023 __________________________________________________________________________ Page: 29 of 36 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: Page | 10 • 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.