HomeMy WebLinkAboutResolutions - 2018.10.10 - 23822MISCELLANEOUS RESOLUTION #18347 October 10, 2018
BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee
IN RE: PROSECUTING ATTORNEY FISCAL YEAR 2019 CRIME VICTIM RIGHTS GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Office of the Prosecuting Attorney has been awarded Victim Rights grant
funding in the amount of $243,253 from the State of Michigan, Department of Health and Human Services
for the period of October 1, 2018 through September 30, 2019; and
WHEREAS this is the twenty-seventh (27th) year of grant acceptance for this program; and
WHEREAS there is no grant match required; and
WHEREAS the purpose of this grant is to comply with the mandates set forth in the Michigan Constitution
and the Crime Victim's Rights Act to provide victims of crime with services such as victim notification and
personal advocacy; and
WHEREAS this yearly grant represents only partial reimbursement of the Victim Services program; and
WHEREAS the Prosecuting Attorney's Office is mandated by law to perform the Victim Rights function
regardless of grant reimbursement; and
WHEREAS this grant award includes reimbursement funding of salaries and partial fringe benefits for
three (3) General Fund General Purpose (GF/GP) Full-time Eligible (FTE) Victim Advocate positions
(#4010101-05783, 05785, and 07183); and one (1) GF/GP FTE Victim Rights Supervisor position
(#4010101-05784); and
WHEREAS this grant award has completed the Grant Review Process in accordance with the Board of
Commissioners' Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant
funding from the State of Michigan, Department of Health and Human Services in the amount of $243,253
for the period of October 1, 2018 through September 30, 2019.
BE IT FURTHER RESOLVED that salaries and partial fringe benefits for three (3) GF/GP FTE Victim
Advocate positions (#4010101-05783, 05785 and 07183) and one (1) GF/GP FTE Victim Rights
Supervisor position (#4010101-05784) will be reimbursed by the grant.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of
the original award, which are consistent with the original application as approved.
Chairperson, on behalf of the Public Services Committee, I move the ado)5 f the foregoing resolution.
Commissioner Bill Dyer, District #14
Chairperson, Public Services Committee
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
PLEASE NOTE: The attached grant agreement now includes Addendum A.
GRANT REVIEW SIGN OFF — Prosecuting Attorney
GRANT NAME: FY 2019 Victim Rights
FUNDING AGENCY: Michigan Department of Health and Human Services
DEPARTMENT CONTACT PERSON: Emily McIntyre 8-1034
STATUS: Grant Acceptance
DATE: September 20, 2018
Pursuant to Misc. Resolution 417194, please be advised the captioned grant materials have completed internal
grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of
Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note,
and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate
Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (9/5/2018)
Department of Human Resources:
HR Approved (No Committee) Continues Positions —Lori Taylor (9/5/2018)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (9/6/2018)
Corporation Counsel:
I approve the Agreement with the following Addendum, which has already been approved by the state. I do not
have access to EGrAMS, so I believe Emily will have to confirm that it is incorporated into the Agreement.
Additionally, my understanding is that Lori will be working on developing a notification for employees to
satisfy the requirements of 41 U.S.0 4712 (see below), which is required in Section III, G(b) of the Agreement.
Should anyone have any questions and/or concerns, please feel free to contact me. — Sharon M. Barnes
(9/18/2018)
Agreement #: E20191762-00
Grant Agreement Between
Michigan Department of Health and Human Services
hereinafter referred to as the "Department"
and
County of Oakland
1200 N. Telegraph Road Bldg. 34 East
Pontiac MI 48341 1050
Federal I.D.#: 38-6004876, DUNS#: 136200362
hereinafter referred to as the "Grantee"
for
Victim Rights Prosecutor-2019
Part
1. Period of Agreement:
This agreement will commence on the date of the Grantee's signature or October 1,
2018, whichever is later, and continue through September 30, 2019. No service will
be provided and no costs to the state will be incurred prior to October 1, 2018 or the
effective date of the Agreement, whichever is later. Through the Agreement, the date
of the Grantee's signature or October 1, 2018, whichever is later, shall be referred to
as the begin 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 $243,253.00. The Department under
the terms of this agreement will provide funding not to exceed $243,253.00.
The source of funding provided by the Department and approved indirect rate
shall be followed as described in Attachment 1 of this agreement, which is
part of this agreement through reference.
The grant agreement is designated as a:
Subrecipient relationship (federal funding); or
Recipient (non-federal funding).
The grant agreement is designated as:
Research and development project; or
X Not a research and development project.
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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.
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 shall 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 $10 1000 or
15%, 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 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: establish procedures and develop budgetary and
training criteria to implement the requirements of William Van Regenmorter Crime
Victim Rights Act, P. A. 87 of 1985.
4. Statement of Work:
The Grantee agrees to undertake, perform and complete the services described in
Attachment A, which is part of this agreement through reference.
5. Financial Requirements:
The financial requirements shall be followed as described in Part II of this agreement
and Attachments B, which are part of this agreement.
6. Performance/Progress Report Requirements:
The progress reporting methods shall be followed as described in Part II and
Attachment C, which are part of this agreement.
7. General Provisions:
The Grantee agrees to comply with the General Provisions outlined in Part II and
Attachment E, which are part of this agreement.
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8. Administration of the Agreement:
The person acting for the Department in administering this agreement (hereinafter
referred to as the Contract Manager) is:
Maria Markos Project Manager (517) 241-5275
MarkosM@michigan.gov
Name Title Telephone No. Email Address
9. Grantee's Financial Contact for the Agreement:
The person acting for the Grantee on the financial reporting for this agreement is:
Bonnie Scalf Accountant
Name Title
scalfb@oakgov.corn (248) 858-0134
E-Mail Address Telephone No.
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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. The Department will not assume any responsibility or liability for costs incurred
by the Grantee prior to the signing of this agreement.
D. The Grantee is required by PA 533 of 2004 to receive payments by electronic
funds transfer.
11. Special Certification:
The individual or officer signing this agreement certifies by his or her signature that he
or she is authorized to sign this agreement on behalf of the responsible governing
board, official or Grantee.
12. Signature Section:
FOR the GRANTEE
County of Oakland
Michael Gingell Chairperson
Name Title Date
For the Michigan Department of Health and Human Services
Jeanette Hensler 09/04/2018
Jeanette Hensler, Director Date
Grants Division, Bureau of Grants and Purchasing
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Part il
General Provisions
Responsibilities - Grantee
The Grantee in accordance with the general purposes and objectives of this
agreement shall:
A. Publication Rights
1. Where the Grantee exclusively develops books, films, or other such
copyrightable materials through activities supported by this agreement,
the Grantee may copyright those materials. The materials that the
Grantee copyrights cannot include service recipient information or
personal identification data. Grantee grants 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. Any materials copyrighted by the Grantee or modifications bearing
acknowledgment of the Department's name must be approved by the
Department before reproduction and use of such materials. The State of
Michigan may mo-dify 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. Give recognition to the Department in any and all publications, papers
and presentations arising from the program and service contract herein;
the Department will do likewise. Prior written authorization must be
requested from the Department's Communication office.
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 90 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 Communication office.
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B. Fees
1. Guarantee that any claims made to the Department under this
Agreement shall 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 underrecoveries of otherwise available fees resulting from failure to
bill for eligible services 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.
D. Reporting
Utilize all report forms and reporting formats required by the Department at the
effective 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 three 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
Grantee, any parent, affiliate, or subsidiary organization of Grantee, and any
subcontractor that performs Agreement 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. The rights of access in this section are not limited to the required
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retention period but last as long as the records are retained.
3. Grantee must cooperate and provide reasonable assistance to
authorized representatives of the Department and others when those
individuals have access to Grantee's grant records.
G. Audits
This section only applies to Grantees designated as subrecipients by the
Department (see Part I, Section 2. A.).
1. Required Audit or Audit Exemption Notice
Grantees must submit to the Department either a Single Audit, Financial
Related Audit, or Audit Exemption Notice as described below. A
Financial Related Audit is applicable to for-profit Grantees that are
designated as subrecipients. If submitting a Single Audit or Financial
Related Audit, Grantees must also submit a corrective action plan
prepared in accordance with Title 2 Code of Federal Regulations,
Section 200.511(c) for any audit findings that impacts 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 Title 2 Code of Federal Regulations, Subpart F.
The Single Audit reporting package must include all
components described in Title 2 Code of Federal Regulations,
Section 200.512 (c).
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
Title 2 Code of Federal Regulations, 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
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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 also submit to the Department a Financial
Statement Audit prepared in accordance with generally accepted
auditing standards if the audit includes disclosures that may negatively
impacts the Department funded programs including, but not limited to
fraud, going concern uncertainties, financial statement misstatements,
and violations of contract and grant provisions. If submitting a Financial
Statement Audit, Grantees must also submit a corrective action plan for
any audit findings that impacts 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 nine months after the end of the Grantee's fiscal year by e-mail
at MDHHS-AuditReports@michigan.gov. The required submissions
must be assembled in PDF files and compatible with Adobe Acrobat
(read only). The subject line must state the agency name and fiscal
year end. The Department reserves' the right to request a hard copy of
the audit materials if for any reason the electronic submission process
is not successful.
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
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 the current
grant 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 payment from Department to Grantee
an amount equal to one percent of the audit year's grant
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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/Contractor Monitoring
When passing federal funds through to a subrecipient (if the agreement does
not prohibit the passing of federal funds through to a subrecipient), the
Grantee must:
1. Ensure that every subaward is clearly identified to the subrecipient as a
subaward and includes the information required by 2 CFR 200.331 (a).
2. Evaluate each subrecipient's risk for noncompliance as required by 2
CFR 200.331(b).
3. Ensure the subrecipient complies with all the requirements of this grant
agreement.
4. Monitor the activities of the subrecipient as necessary to ensure that the
subaward is used for authorized purposes, in compliance with federal
statutes, regulations, and the terms and conditions of the subawards;
that subaward performance goals are achieved; and that all monitoring
requirements of 2 CFR 200.331(d) are met including reviewing financial
and programmatic reports, following up on corrective actions, and
issuing management decisions for audit findings.
5. Verify that every subrecipient is audited as required by Subpart F of 2
CFR 200.
The Grantee must develop a subrecipient monitoring plan that addresses the
above requirements and provides reasonable assurance that the subrecipient
administers federal awards in compliance with laws, regulations, and the
provisions of contracts, and that performance goals are achieved. The
subrecipient monitoring plan should include a risk-based assessment to
determine the level of oversight, and monitoring activities, such as reviewing
financial and performance reports, performing site visits, and maintaining
regular contact with subrecipients.
The Grantee must establish requirements to ensure compliance for for—profit
subrecipients as required by Title 2 (CFR), Section 200.501(h), as applicable.
The Grantee must ensure that transactions with contractors comply with laws,
regulations, and provisions of contracts or grant agreements in compliance
with Title 2 CFR, Section 200501(h), as applicable.
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 services, funding or compliance with
operational procedures.
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J. Software Compliance
Ensure software compliance and compatibility with the Department's data
systems for services 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 shall 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 date/time data.
All information systems, electronic or hard copy, that contain state or federal
data must be protected from unauthorized access.
K. Human Subjects
Comply with Protection of Human Subjects Act, 45 CFR, Part 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 1RB can only accept the review and approval of another
institution's IRB under a formally-approved 1RB Authorization Agreement. The
manner of the review will be agreed upon between the Department's IRIB
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 subcontract, or 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:
1. A claim that might reasonably be expected to adversely
affect Grantee's viability or financial stability; or
2. A governmental or public entity's claim or written allegation
of fraud; or
f. A Proceeding involving any license that Grantee is required to
possess in order to perform under this Agreement.
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2. Notify the Department, at least 90 calendar days before the effective
date, of a change in Grantee's ownership or executive management.
M. Statement of Work Progress Reports
Submit quarterly Statement of Work progress reports to the Department via
the http://egrams-mi.com/dch website by the 15th of the month following the
end of the quarter and a final report by November 15th.
N. Conflict of Interest and Code of Conduct Standards
1. The Grantee is subject to the provisions of 1968 PA 317, as amended,
1973 PA 196, as amended, and Title 2 Code of Federal Regulations,
Section 200.318 (c) (1) and (2).
2. The Grantee will uphold high ethical standards and is prohibited from:
a. Holding or acquiring an interest that would conflict with this
Agreement;
b. Doing anything that creates an appearance of impropriety with
respect to'the award or performance of this Agreement;
c. Attempting to influence or appearing to influence any State
employee by the direct or indirect offer of anything of value; or
d. Paying or agreeing to pay any person, other than employees
and consultants working for Grantee, any consideration
contingent upon the award of this Agreement.
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.
0. Travel Costs
1. Be reimbursed for travel cost (including mileage, meals, and lodging)
budgeted and incurred related to services provided under this
agreement.
2. 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.
3. State of Michigan travel rates may be found at the following website:
http://www.michigan.gov/dtmb/0.5552.7-150-9141_13132-.00.html.
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;
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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. FFATA Executive Compensation report template can be found in
Attachment F or in the EGrAMS documents.
Q. Insurance Requirements
1. Maintain a minimum of the insurances or governmental self-insurances
listed below and is 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 insurdds using
endorsement CG 2010 07 04 and CG 2037 07 04.
If the Grantee will deal with children, schools, or the cognitively
impaired, coverage must not have exclusions or limitations
related to sexual abuse and molestation liability.
b. Workers' Compensation Insurance or Governmental Self-
Insurance: Coverage according to applicable laws governing
work activities. Waiver of subrogation, except where waiver is
prohibited by law.
c. Employers Liability Insurance or Governmental Self-Insurance
3.
Grantees must 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
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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. Submit yearly fiscal questionnaire to the Department via the EGrAMS
website by the 15th of December.
2. Fiscal Questionnaire template can be found in EGrAMS documents.
S. Criminal Background Check
1. Conduct or cause to be conducted an Internet Criminal History Access
Tool (ICHAT) check and a national and state sex offender registry check
for each new employee, employee, subcontractor, subcontractor
employee, or volunteer who, under this Agreement works directly with
clients or has access to client information.
a. ICHAT: http://apps.michigan.gov/ichat
b. Michigan Public Sex Offender Registry:
http://www.nnipsor.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 or
vulnerable adults.
a. Central Registry; http://www.michigan.gov/mdhhs/0,5385,7-
339-73971_7119_5064848330---,00.htmi
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. Prohibit each employee, subcontractor, subcontractor employee, or
volunteer that works directly with clients or has access to client
information and has a positive ICHAT response or reported criminal
felony conviction or perpetrator identification from assigned duties
related to clients under this Agreement.
5. Ensure that each employee, subcontractor, subcontractor employee, or
volunteer that works directly with children and/or vulnerable adults and
has a positive CR response or reported perpetrator identification are not
assigned to duties under this Agreement.
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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
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 effective date of this agreement, and provide to the Grantee any new
report forms and reporting formats proposed for issuance thereafter at least 90
days prior to their required usage in order to afford the Grantee an opportunity
to review and offer comment.
IlL 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 Title 2 Code of Federal Regulations (CFR) 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 II
Section V.
B. Anti-Lobbying Act
The Grantee will comply with the Anti-Lobbying Act, 31 USC 1352 as revised
by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503
of the Departments of Labor, Health and Human Services, and Education, and
Related Agencies section of the FY 1997 Omnibus Consolidated
Appropriations Act (Public Law 104-208). Further, the Grantee shall 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 shall
certify and disclose accordingly.
C. Non-Discrimination
1. The Grantee must comply with the Department's non-discrimination
statement: Michigan Department of Health and Human Services will not
discriminate against any individual or group because of race, sex,
religion, age, national origin, color, height, weight, martial status, gender
Contract # E20191762-00, County of Oakland, Victim RiRhts Prosecutor-2019, Date: 0910412018 Page: 14 of 30
identification or expression, sexual orientation, political beliefs, or
disability. The Grantee further agrees that every subcontract entered
into for the performance of any contract or purchase order resulting
herefrom, will contain a provision requiring non-discrimination in
employment, service delivery and access, as herein specified binding
upon each subcontractor. This covenant is required pursuant to the
Bliot-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 seq., and any breach thereof may be
regarded as a material breach of the contract or purchase order.
2. The Grantee will comply with all federal 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 on the basis of race, color or national
origin;
b. Title IX of the Education Amendments of 1972, as amended (20
U.S.C. §§1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. §794), which prohibits discrimination on the basis of
disabilities;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C.
§§6101-6107), which prohibits discrimination on the basis of
age;
e. The Drug Abuse Office and Treatment Act of 1972 (P.L, 92-
255), as amended, relating to nondiscrimination on the basis of
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 on the basis of alcohol
abuse or alcoholism;
g. §§523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. §§290 dd-3 and 290 ee 3), 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
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
Contract # R20191762-00, County of Oakland, Victim Rights Prosecutor-2419, Date: 0a/04/2018 Page: 15 of 30
persons with disabilities in contract solicitations. The Grantee shall
incorporate language in all contracts awarded: (1) prohibiting
discrimination against minority-owned and women-owned businesses
and businesses owned by persons with disabilities in subcontracting;
and (2) making discrimination a material breach of contract.
D. Debarment and Suspension
The Grantee will comply with Federal Regulation, 2 CFR part 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 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 your present responsibilities.
E. Federal Requirement: Pro-Children Act
1. The Grantee will comply with Public Law 103-227, also known as the
Pro-Children Act of 1994, 20 USC 6091 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 services, education or
library services to children under the age of 18, if the services 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 services that are provided in indoor
facilities that are constructed, operated, or maintained with such federal
funds. The law does not apply to children's services provided in private
residences; portions of facilities used for inpatient drug or alcohol
Contract # E20191752-00, County of Oakland, Victim Rights Prosecutor-2019, Date: 09104/2018 Page: 16 of 30
treatment; service 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 services.
2. The Grantee also assures, in addition to compliance with Public Law
103-227, any service or activity funded in whole or in part through this
agreement will be delivered in a smoke-free facility or environment.
Smoking shall not be permitted anywhere in the facility, or those parts of
the facility under the control of the Grantee. If activities or services 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 or
services shall be smoke-free.
F. Hatch Political Activity Act and Intergovernmental Personnel Act
The Grantee will comply with the Hatch Political Activity Act, 5 USC 1501-1509
and 7324-7328, and the Intergovernmental Personnel Act of 1970, as
amended by Title VI of the Civil Service Reform Act, Public Law 95-454, 42
USC 4728 - 4763. Federal funds cannot be used for partisan political purposes
of any kind by any person or organization involved in the administration of
federally-assisted programs.
G. National Defense Authorization Act Employee Whistleblower Protections
The Grantee will comply with the National Defense Authorization Act "Pilot
Program for Enhancement of Grantee Employee Whistleblower Protections".
a) This agreement and employees working on this agreement will be
subject to the whistleblower rights and remedies in the pilot program on
Grantee employee whistleblower protections established at 41
U.S.CA712 by section 828 of the National Defense Authorization Act for
Fiscal Year 2012 and FAR 3.908.
b) The Grantee shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and
protections under 41 U.S.C. 4712, as described in section 3.908 of the
Federal Acquisition Regulation.
c) The Grantee shall insert the substance of this clause, including this
paragraph (c), in all subcontracts over the simplified acquisition
threshold.
H. Clean Air Act and Federal Water Pollution Control Act
The Grantee will comply with the Clean Air Act (42 U.S.C. 7401-7671q.) and
the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended.
a. This agreement and anyone working on this agreement will be subject
Contract 4 E20191762-00, County of Oaidand, Victim sights Prosecutor-2019, Date: 09/04/2018 Page: 17 of 30
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.
Trafficking Victims Protection Act
The Grantee will comply with the Trafficking Victims Act of 2000, as amended.
a) This agreement and anyone working on this agreement will be subject
to the Trafficking Victims Protection Act 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, as
amended.
a) This agreement and anyone working on this agreement will be subject
to section 6002 of the Solid Waste Disposal Act and must comply with
all applicable standards, orders or regulations issued pursuant to these
Acts. Violations must be reported to the Department.
K. Subcontracts
For any subcontracted service, 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. 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 shall 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 shall
prevail.
A conflict between this agreement and a subcontract, however, shall 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
Department; or
c. Requires the subcontractor to perform duties and/or services 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
Contract # E20191762-00, County of Oakland, Victim Rights Prosecutor-2019, Date: 09104/2018 Page: 18 of 30
on costs and services.
5. That the Grantee will submit a copy of the executed subcontract if
requested by the Department.
L. Procurement
Grantee will ensure that all purchase transactions, whether negotiated or
advertised, shall be conducted openly and competitively in accordance with
the principles and requirements of Title 2 Code of Federal Regulations, Part
200. Funding from this agreement shall not be used for the purchase of foreign
goods or services. Records shall be sufficient to document the significant
history of all purchases and shall be maintained for a minimum of three 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 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,
Contract # E20191762-00, County of Oakland, Victim Rights Prosecutor-2019, Date: 09/04120113 Page: 19 of 30
6. Failure to comply with any of these contractual requirements may
result in the termination of this agreement in accordance with Part II,
Section V. Agreement Termination.
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 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 may not refer to the Department on the Grantee's
website without the prior written approval of the Department.
0. Survival
The provisions of this Agreement that impose continuing obligations will
survive the expiration or termination of this Agreement.
P. 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
subcontracts 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
Contract # E20191762-00, County of Oakland, Victim Rights Prosecutor-2019, Date: 09/0412018 Page: 20 of 30
similar meaning;
c. Should reasonably be recognized as confidential information of
the disclosing party;
d. Is unpublished or not available to the general public; or
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);
b. Already in the possession of the receiving party without an
obligation of confidentiality;
c. Developed independently by the receiving party, as
demonstrated by the receiving party, without violating the
disclosing party's proprietary rights;
d. Obtained from a source other than the disclosing party without
an obligation of confidentiality; or
e. Publicly available when received or thereafter became publicly
available (other than through an unauthorized disclosure by,
through or on behalf of, the receiving part).
4. The Grantee must notify the Department within I 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.
IV. Financial Requirements
A. Operating Advance
An operating advance may be requested by the Grantee to assist with
program operations. The request should be addressed to the Contract
Manager identified in Part I, Item 8. The operating advance will be
administered as follows:
I. The advance amount requested must be reasonable in relationship to
the program requirements, billing cycle, etc.; and in no case may the
advance exceed the amount required for 60 days operating expense.
Operating advances will be monitored and adjusted by the Department
according to total Department agreement amount.
2. The advance must be recorded as an account payable to the
Department in the Grantee's financial records. The operating advance
payable must remain in the Grantee's financial records until fully
recovered by the Department.
3. The monthly Financial Status Report (FSR) reimbursement for actual
expenditures by the Department should be used by the Grantee to
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replenish the operating advance used for program operations.
4. The advance must be returned to the Department within 30 days of the
end date of this agreement unless the Grantee has a recurring
agreement with the Department, and may not be held pending
agreement audit. Subsequent Department agreements may be withheld
pending recovery of the outstanding advance from a prior agreement. If
the Grantee has a recurring agreement with the Department, the
Department requires an annual confirmation of the outstanding
operating advance.
The Department may obtain the Michigan Department of Treasury's
assistance in collecting outstanding operating advances. The
Department will comply with the Michigan Department of Treasury's
Due Process procedures prior to forwarding claims to Treasury. Specific
Due Process procedures include the following:
a. Department offer of a hearing to dispute the debt, identifying the
time, place and date of such hearing.
b. A hearing by an impartial official.
c. An opportunity for the Grantee to examine department's
associated records.
d. An opportunity for the Grantee to present evidence in person or
in writing.
e. A hearing official with full authority to correct errors and make a
decision not to forward debt to Treasury.
f. Grantee representation by an attorney and presentation of
witnesses if necessary.
5. At the end of either the agreement period or Department's fiscal year,
whichever is first, the Grantee must respond to the Department's
request for confirmation of the operating advance. Failure to respond to
the confirmation request may result in the Department recovering all or
part of an outstanding operating advance.
B. Reimbursement Method
The Grantee will be reimbursed in accordance with the staffing grant
reimbursement method as follows:
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 first source after the
application of fees and earmarked sources unless a specific local match
condition exists.
C. Financial Status Report Submission
Financial Status Reports (FSRs) shall be prepared and submitted
Contract # E20191762-00, COunty Of Oakland, Victim Rights Prosecutor-2019, Date: 09/04/2018 Page: 22 of 30
electronically to the Department via the website http://egrams-mi.com/dch.
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, regardless of the source of funds.
Failure to meet financial reporting responsibilities as identified in this
agreement may result in withholding future payments.
By submitting the FSR the individual 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 website
http://egrams-mi.com/dch . Send FSR questions to
FSRMDHHS@michigan,gov.
D. Reimbursement Mechanism
All Grantees must sign up through the on-line vendor registration process 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: 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 using the format provided by the Department's
Accounting Division. The Grantee must provide an estimate of total
expenditures for the entire agreement period. The information on the
report will be used to record the Department's year-end accounts
payables and receivables 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 beginning September 20 until mid-
November. FSRs through the August period should be submitted by
September 15 to ensure payment prior to the payment suspension
period.
3. Final FSRs
Final FSRs are due 60 days following the end of the fiscal year or
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
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requested on the Obligation Report and may result in the potential
reduction in the 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 is allowed to use an approved federal indirect rate in their budget
calculations and financial status reporting. If the Grantee does not have an
existing approved federal indirect rate, they may use a 10% de minimis rate in
accordance with Title 2 Code of Federal Regulations (CFR) Part 200 to
recover their indirect costs. Approved indirect rates will appear on Attachment
1
V. Agreement Termination
The Department may terminate this agreement without further liability or penalty to the
Department for any of the following reasons:
A. This agreement may be terminated by either party by giving 30 days written
notice to the other party stating the reasons for termination and the effective
date.
B. This agreement may be terminated by either party with 30 days prior 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. This agreement may be terminated immediately if the Grantee or an official of
the Grantee or an owner is convicted of any activity referenced in Section 111.0.
of this agreement during the term of this agreement or any extension thereof.
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 order detailing the
suspension. Grantee must comply with the stop work order upon receipt. The
Department will not pay for Activities, Grantee's lost profits, 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 shall 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 shall 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.
Contract* E20191762-00, County of Oakland, Victim Rights Prosecutor-2019, Date: 09/04/2018 Page: 24 of 30
Severability
If any part of this Agreement is held invalid or unenforceable, by any court of
competent jurisdiction, that part will be deemed deleted from this Agreement and the
severed part will be replaced by agreed upon language that achieves the same or
similar objectives. The remaining Agreement will continue in full force and effect.
IX. Waiver
Failure to enforce any provision of this Agreement will not constitute a waiver to
enforce any other provision of this agreement.
X. Amendments
Any changes to this agreement will be valid only if made in writing and accepted by all
parties to this agreement. Any change proposed by the Grantee which would affect
the Department funding of any project, in whole or in part in Part I, Section 2.0. of the
agreement, must be submitted in writing to the Department for approval immediately
upon determining the need for such change. The Grantee shall, upon request of the
Department and receipt of a proposed amendment, amend this Agreement.
XI. Liability
All liability to third parties, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities, such as direct service delivery, to be carried out by
the Grantee in the performance of this agreement shall be the responsibility of the
Grantee, and not the responsibility of the Department, if the liability, loss, or damage is
caused by, or arises out of, the actions or failure to act on the part of the Grantee, any
subcontractor, anyone directly or indirectly employed by the Grantee, provided that
nothing herein shall be construed as a waiver of any governmental immunity that has
been provided to the Grantee or its employees by statute or court decisions. 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 is a State of Michigan Agreement and must be exclusively governed by the laws
and construed by the laws of Michigan, excluding Michigan's choice-of-law principle.
All claims related to or arising out of this agreement, or its breach, whether sounding
in contract, tort, or otherwise, must likewise be governed exclusively by the laws of
Michigan, excluding Michigan's choice-of-law principles. Any dispute as a result of this
agreement shall be resolved in the State of Michigan.
Contract */ E20191762.00, County of Oakland, Victim Rights Prosecutor-2019, Date: 09/04/2018 Page: 25 of 30
Attachment 1 MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES SCHEDULE OF FINANCIAL ASSISTANCE County of Oakland Source of Funds Catalog of Federal Domestic Assistance (CFDA) Federal Award _ Federal / State Federal Agency Name Number Title Award Number Title Federal Award Identification No. Award Date Grant Phase Amount Total Allocation 0.00 The federal funding provided by the Department is $0.00, Attachment lb - APPROVED INDIRECT RATE APPROVED INDiRECT RATE 1S1 Rate Description indirect Rate 9/6 Rate Base $ Total Approved Indirect Costs Total Approved Indirect Costs Contract 8 E20191702-00, County of Oakland, Viclim Rights Prosecutor-2019, Date: 09/0412018 Page: 26 of 30
3 Attachment A2 - Oakland County Addendum
Attachment 2- Oakland County Addendum
A Attachment A - Statement of Work
Crime victims will be notified of their rights pursuant to the William Van
Regenmorter Crime Victim's Rights Act of 1985.
Provide victims with information regarding their rights and the
opportunity to participate in the criminal justice process in their case.
Victim Advocate/Office Assistant
10/01/2018
100% of eligible crime victims will be notified of their rights under the
CVRA.
Oakland County Prosecutor's Office Victim Assistance case tracking
system,
Grantees shall receive continuing education hours.
Obtain sixteen (16) continuing education hours to increase individual
expertise in the field of victim advocacy.
Victim Advocates
10/01/2018
100% of advocates reimbursed under this grant will attend sixteen (16)
hours of continuing education, for staff development, increased
awareness, empathy and self-care for Victim Advocates,
Continuing education log maintained by Section supervisor.
Implement a requirement of the William Van Regenmorter Crime
Victim's Rights Act of 1985.
Provide crime victims with compensation information.
Victim Advocate/Office Assistant
10/01/2018
100% of eligible crime victims will be informed as to how to apply for
compensation for out-of-pocket loss.
Oakland County Prosecutor's Office Victim Assistance case tracking
system.
Objective :
Activity :
Responsible Staff :
Date Range :
Expected Outcome :
Measurement :
Objective :
Activity :
Responsible Staff :
Date Range :
Expected Outcome :
Measurement :
Objective :
Activity :
Responsible Staff :
Date Range :
Expected Outcome :
Measurement :
Contract # S20191762-00, County of Oakland, Victim Rfghts Prosecutor-2019, Date: 09120/2018 Page: 27 of 30
MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES
FY 18/19 AGREEMENT ADDENDUM A
This addendum modifies the following sections of Part II General Provisions:
Part H
I. Responsibilities- Grantee
J. Software Compliance. This section will be deleted in its
entirety and replaced with the following language:
The Michigan Department of Health and Human Services and
the County of Oakland will work together to identify and overcome potential data incompatibility problems.
O. Insurance Requirements. The content of subsection 1.a. will
be deleted in its entirety.
III. Assurances
A. Compliance with Applicable Laws. This first sentence of this
paragraph will be stricken in its entirety and replaced with the
following language:
The Grantee will comply with applicable federal and state laws, and
lawfully enacted administrative rules or regulations, in carrying out
the terms of this agreement.
M. Health Insurance Portability and Accountability Act. The provisions in this section shall be deleted In their entirety and
replaced with the following language:
Grantee agrees that it will comply with the Health Insurance
Portability and Accountability Act of 1996, and the lawfully enacted
and applicable Regulations promulgated thereunder.
XI. Liability, This paragraph will be deleted in its entirety and
replaced with the following language:
Except as otherwise provided by law neither Party shall be
obligated to the other, or indemnify the other for any third-party
claims, demands, costs, or judgments arising out of activities to
be carried out pursuant to the obligations of either party under this
Agreement, nothing herein shall be construed as a waiver of any
governmental immunity for either party or its agencies, or officers
and employees as provided by statute or modified by court
decisions.
131 Attachment BI - Program Budget Summary
PROGRAM
Victim Rights Prosecutor-2019
DATE PREPARED
9/4/2018
CONTRACTOR NAME
County of Oakland BUDGET PERIOD
From : 10/1/2018 To: 9/30/2019
MAILING ADDRESS (Number and Street)
1200 N. Telegraph
Bldg. 34 East
Road
BUDGET AGREEMENT
17 Original r Amendment
AMENDMENT*
0
CITY
Pontiac
STATE
NI
ZIP CODE
48341-1050
FEDERAL ID NUMBER
38-6004876
i Category 1 Amount Total
DIRECT EXPENSES
Program Expenses
1 Salary & Wages 236,016.00 236,016.00
2 Fringe Benefits 2,437.00 2,437.00
3 Travel 0.00 0.00
4 Supplies & Materials 4,800.00 4,800.00
5 Contractual 0.00 0.00
6 Equipment 0.00 0.00
7 Other Expense 0.00 0.00
Total Program Expenses 243,253.00 243,253.00
TOTAL DIRECT EXPENSES 243,253.00 243,253.00
INDIRECT EXPENSES
Indirect Costs
1 Indirect Costs 0.00 0.00
Total Indirect Costs 0.00 0.00
TOTAL INDIRECT EXPENSES 0.00 0.00
TOTAL EXPENDITURES 243,253.00 243,253.00
SOURCE OF FUNDS
Category Amount 1 Cash Inkind Total
1 Source of Funds
Fees and Collections 0.00 0.00 0.00 0.00
State Agreement 243,253.00 0.00 0.00 243,253.00
Local 0.00 0.00 0.00 0.00
Federal 0.00 0.00 0.00 0.00
Other 0.00 0.00 0.00 0.00
Total Source of Funds 243,253.00 0.00 0.00 243,253.00
Totals 243,253.00 0.00 . 0,00 243,253.00
Contract # E20191762-00, County of Oakiand, Victim Rights Prosecutor-2019, Date: 09104/2018 Page: 28 of 30
B2 Attachment B2 - Program Budget - Cost Detail Schedule
iLine Item 1 Qtyl Rate] UnItsfUOM j Total
DIRECT EXPENSES
Program Expenses
1 Salary & Wages
Advocate 2040.0000 28.924 0.000 59,004.00
Advocate 2040.0000 28.924 0.000 59,004.00
Advocate 2040.0000 28.924 0.000 59,004.00
Advocate 2040.0000 28.924 0.000 59,004.00
Total for Salary & Wages 236,016.00
2 Fringe Benefits
Hospitalization 0,0000 1.032 59004.000 609.25
Hospitalization 0.0000 1.032 59004.000 609.25
Hospitalization 0.0000 1.032 59004.000 609.25
Hospitalization 0.0000 1.034 59004.000 609.25
Total for Fringe Benefits 2,437.00
3 Travel
4 Supplies & Materials
Computers/Tablets 0.0000 0.000 0.0001 4,800.00
5 Contractual
6 Equipment
7 Other Expense
Total Program Expenses 243,253.00
TOTAL DIRECT EXPENSES 243,253.00
INDIRECT EXPENSES
Indirect Costs
I Indirect Costs
Total Indirect Costs . 0.00
TOTAL INDIRECT EXPENSES 0.00
TOTAL EXPENDITURES 243,253.00
Contract 10E20191762-00, County of Oakland, Victim Rights Prosecutor-2019, Data: 09/0412919 Page: 29 of 30
B3 Attachment B3 - Equipment Inventory Schedule
Attachment B3 - Equipment inventory Schedule
Attachment C - Performance Report Requirements
Attachment C - Performance/Progress Report Requirements
Attachment E - Program Requirements
Attachment E - Program Specific Requirements
Contract # E20191702-00, County of Oakland, Victim Rights Prosecutor-2019, Data 09/04/2019 Page: 30 of 30
FY 2019
ATTACHMENT B.3
MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES
BUREAU OF 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 Purchased
Number Amount
Grantee's Signature: Date:
DCI-1-0665 FY2019
ATTACHMENT C
PERFORMANCE/PROGRESS REPORT REQUIREMENTS
Prosecutor — Victim Rights Programs
A. The Grantee shall submit the required reports on the following dates:
Program Reports should be submitted by the Grantee on the 30t." day following the end
of the quarter. Reports are available on the Internet at http://egrams-
mi.com/dch/User/home.aspx . Reports should be completed and submitted to the
Division of Victim Services (Crime Victim Services Commission) via the Internet. Due
dates for submission of Financial Status (FSR), Quarterly Work Plan (WRKPN), and
Prosecutor Program Reports (CVRP-1) are as follows:
January 30, 2019
April 30, 2019
July 30, 2019
October 30, 2019
Crime Victim Rights Prosecutor — Quarter 3 Narrative (CVRP3) is to be submitted
annually in the third quarter by July 30 on the form provided via h -ttp:llegrams-
mi.com/dch/User/home.aspx.
Victim Rights Prosecutor Fiscal Year End Report (CVRP-2) is to be submitted annually by
November 30 on the form provided via http://egrams-mi.comidch/Userthonne.aspx.
B. Reports and information shall be submitted to the Department of Health and Human
Services, Division of Victim Services (Crime Victim Services Commission), via the website
http://egrams-mi.com/dchiliser/home.aspx.
C. The Grantee shall permit the Department or its designee to visit and to make an
evaluation of the project as determined by the Contract Manager or Grant
Administrator.
ATTACHMENT E
OTHER PROGRAM SPECIFIC REQUIREMENTS
Prosecutor - Victim Rights Programs
Description of Other Program Specific Requirements
A. Overtime costs are not permitted by employees funded by this agreement.
B. Travel funding is provided exclusively for authorized PACC/PAAM trainings and
conferences funded by the Department.
C. The Grantee shall complete and submit all required reports to the Department to
assure continued funding.
D. Personnel funded under this agreement shall acquire units of continuing education
as outlined by the Department.
E. The Grantee shall provide the Department with a position description of the
personnel funded under this agreement.
F. Personnel supported under this agreement or performing work under this
agreement shall maintain a funding distribution timesheet as required in the January
2003 Crime Victim Services Commission Program Instruction regarding timesheets.
G. Internal controls should be established to assure that positions funded through the
Crime Victim Rights grant dedicated the designated percentage of time that is
reflected in the contract to reimbursable Victim Rights activities. Victim Rights
duties and activities are those activities that are statutorily created and mandated
by the William VanRegenmorter Crime Victim Rights Act of 1985 and Article 1,
Section 24 of the Michigan Constitution. Some examples of non-reimbursable
routine activities of a prosecutor's office include: witness management, subpoenas,
dockets, pleadings, warrants, restitution collection and management, closing of
cases and police reports.
H. National Crime Victim Rights Week funding, as distributed by the Prosecuting
Attorneys Association of Michigan, is to be used to promote public awareness and
educational opportunities regarding victim rights issues for the community-at-large,
schools, and community groups. Keepsakes, souvenirs or gifts purchased in
commemoration of National Crime Victim Rights Week shall be distributed in
conjunction with planned community events for the general public and shall not be
distributed to prosecutor staff or elected officials.
I. Grantee shall assure that disbursements received through this grant do not supplant
other funds available for services of victims of crime or are used to supplant funding
for activities historically funded locally or through other means.
ommissioner Thomas Middleton, Distric
Chairperson, Finance Committee
FISCAL NOTE (MISC. #18347) October 10, 2018
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2019 CRIME VICTIM RIGHTS GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The resolution authorizes the acceptance of the Fiscal Year 2019 Crime Victim Rights Grant.
2. The grant award of $243,253 is for the period of October 1, 2018 through September 30,
2019 and is an increase of $4,800 from the previous award.
3. The grant award reimburses salaries and partial fringe benefits for three (3) General
Fund/General Purpose (GF/GP) Victim Advocate positions (#4010101-05783, 05785 and
07183) and one (1) GF/GP Victim Rights Supervisor position (#4010101-05784).
4. No County match is required.
5. This grant provides reimbursement of mandated services performed by the Prosecuting
Attorney for victim rights (P.A 1985). Application and acceptance of this reimbursement
program does not obligate the county to any future commitment and continuation of the
reimbursement program is contingent upon continued future levels of reimbursement funding.
6. The FY 2019 budget is amended to reflect the difference between the awarded amount and
the current budgeted amount.
GENERAL FUND (#10100)
Revenue
9010101-196030-665882
FY 2019
Planned Use of Balance ($ 19,353)
GENERAL FUND (#10100)
Activity: GLB Analysis: GLB Bud. Ref. 2019
Revenue
4010101-135170-632163-100000002090 State Approp Victim Witness
Total Revenues
$ 19,353
$ 0
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #18347 October 10, 2018
Moved by Berman supported by Jackson the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
NEREBYAPPFIOVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 10,
2018, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 10 1h day of October, 2018.
Lisa Brown, Oakland County