HomeMy WebLinkAboutResolutions - 2020.11.19 - 33883MISCELLANEOUS RESOLUTION #20564 November 19, 2020
BY: Commissioner Penny Luebs, Chairperson, Health, Safety and Human Services Committee
IN RE: PROSECUTING ATTORNEY— FISCAL YEAR 2021 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 $761,449 from the State of Michigan, Department of Health and Human Services
for the period of October 1, 2020, through September 30, 2021; and
WHEREAS this is the twenty-ninth (29th) 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 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 fringe benefits for five (5)
General Fund General Purpose (GF/GP) Full-time Eligible (FTE) Victim Advocate positions (#4010101-
05783, 05784, 05785, 07183 and 12191); one (1) GF/GP FTE Victim Services Supervisor position
(#4010101-12190); full funding of salary and partial funding of fringes for one (1) GF/GP FTE Office
Assistant II position (#4010101-06739); and full funding of salaries for two (2) part-time non -eligible
(PTNE) Office Assistant II positions (#4010101-12281 and 12192); 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 $761,449
for the period of October 1, 2020, through September 30, 2021,
BE IT FURTHER RESOLVED that salaries and fringe benefits for five (5) GF/GP FTE Victim Advocate
positions (#4010101-05783, 05784, 05785, 07183 and 12191), one (1) GF/GP FTE Victim Services
Supervisor position (#4010101-12190), full salary and partial fringes for one (1) GF/GP FTE Office
Assistant II position (#4010101-06739) and salaries for two (2) PTNE Office Assistant positions
(#4010101-12281 and 12192) 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.
BE IT FURTHER RESOLVED that the FY 2021 — FY 2023 budgets are amended as follows:
GENERAL FUND (#10100)
Project #100000003273
Activity: GLB Analysis: GLB Bud. Ref. 2021
Revenue
4010101-135170-632163 State Approp Victim Witness
Total Revenues
Expenditures
4010101-135170-702010
4010101-135170-722900
4010101-135170-73148
4010101-135170-750448
GENERAL FUND (#10100)
Revenue
9010101-196030-665882
Salaries
Fringe Benefit Adjustment
Professional Services
Postage — Standard Mailing
Total Expenditures
Planned Use of Balance
Total Revenue
FY 2021 — FY 2023
$761,449
$469,044
252,460
38,072
1 873
FY 2021 — FY 2023
( 562 619
/$562.6191
GENERAL FUND (#10100)
Project #100000002090
Activity: GLB Analysis: GLB Bud. Ref. 2020
Revenue
4010101-135170-632163 State Approp Victim Witness
Total Revenues
Expenditures
4010101-135170-702010
4010101-135170-722750
4010101-135170-722760
4010101-135170-722770
4010101-135170-722780
4010101-135170-722790
4010101-135170-722800
4010101-135170-722810
4010101-135170-722820
4010101-135170-722850
4010101-135170-774636
4010101-135170-778675
Salaries
Workers Compensation
Group Life
Retirement
Hospitalization
Social Security
Dental
Disability
Unemployment Insurance
Optical
Info Tech Ops
Telephone Communications
Total Expenditures
( 223 900
( 223 900
($489,645)
(1,095)
(937)
(125,622)
(93,186)
(33,867)
(8,678)
(6,813)
(490)
(670)
(25,153)
363
( 786 519
Chairperson, on behalf of the Health, Safety and Human Services Committee, I move the adoption of the
foregoing resolution.
Commission r Penny Luebs, District #16
Chairperson, Health, Safety and
Human Services Committee
HEALTH, SAFETY AND HUMAN SERVICES COMMITTEE VOTE:
Motion carried on a roll call vote with Gingell absent.
GRANT REVIEW SIGN -OFF — Prosecuting Attorney
GRANT NAME: FY 2021 Victim Rights
FUNDING AGENCY: Michigan Department of Health and Human Services (MDHHS)
DEPARTMENT CONTACT PERSON: Kelly Fitzpatrick/(248) 858-1059
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 10/19/20
Please be advised 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) maybe requested to be placed on the agenda(s) of
the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved. —
The draft resolution needs to be updated for the fiscal impact/budget amendment. Also, the HOC Committee
reference at the end of the draft MR needs to be updated as it incorrectly refers to the former Public Safety and
Social Justice Committee and need to fix the typo in Commissioner signature area (correct Huan to Human). In
addition, the grant agreement document needs to be updated to reflect Arsen's correct e-mail address of
sahakiana tt,oakaov.com and the phone number does not have an extension. — Lynn Sonkiss (10/03/20)
Human Resources:
HR Approved —No HR Implications — Lori Taylor (10/06/20)
Risk Management:
Approved by Risk Management —Robert Erlenbeck (10/19/20)
Corporation Counsel:
APPROVED by Corporation Counsel. There are no legal issues that need to be addressed at this time. — Mary
Ann Jerge (10/12/20)
Agreement #: E20210363-00
Grant Agreement Between
Michigan Department of Health and Human Services
hereinafter referred to as the "Department"
and
County of Oakland
1200 N. Telegraph Road
Pontiac MI 48341 1032
Federal I.D.#: 38-6004876, DUNS#: 136200362
hereinafter referred to as the "Grantee"
for
Victim Rights Prosecutor-2021
Part 1
1. Period of Agreement:
This agreement will commence on the date of the Grantee's signature or October 1,
2020, whichever is later, and continue through September 30, 2021. No activity will
be performed and no costs to the state will be incurred prior to October 1, 2020 or
the effective date of the Agreement, whichever is later. Throughout the Agreement,
the date of the Grantee's signature or October 1, 2020, whichever is later, shall 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. AgreementAmount
The total amount of this agreement is $761,449.00. Under the terms of this
agreement, the Department will provide funding not to exceed $761,449.00.
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.
The Agreement is designated as a:
Subrecipient relationship (federal funding); or
X Recipient (non-federal funding).
The 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
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 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 $10,000 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 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 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.
5. Financial Requirements:
The financial requirements shall 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 shall 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,
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:
James McCurtis, Jr. Manager (517) 373-7156
mccurtisj@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:
Arsen Sahakian
Name
sahakiana@oakgov.com
E-Mail Address
Accountant
Title
(248)858-2384
Telephone No.
D z i W
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
County of Oakland
David Woodward
1►l NIMM
County Commissioner
Title Date
For the Michigan Department of Health and Human Services
Christine H. Sanches
Christine H. Sanches, Director
Bureau of Grants and Purchasing
09/24/2020
Date
o.,..e n ,.a W
Part 2
General Provisions
I. Responsibilities - Grantee
The Grantee in accordance with the general purposes and objectives of this
agreement shall:
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.
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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 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
D— R of W
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
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 Il. 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
11,.11.., , I-.- Den.- 7 of 1A
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 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
Submit the required audit and any other required information (i.e.,
corrective action plan, and management letter with a corrective action
plan), and/or Audit Exemption Notice 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
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,
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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/Contractor Monitoring
1. When passing federal funds through to a subrecipient (if the Agreement
does not prohibit the passing of federal funds through to a subrecipient),
the Grantee must:
a. Ensure that every subaward is clearly identified to the
subrecipient as a subaward and includes the information
required by 2 CFR 200.331 (a).
b. Ensure the subrecipient complies with all the requirements of
this Agreement.
C. Evaluate each subrecipient's risk for noncompliance as required
by 2 CFR 200.331(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
200.331(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 in
compliance with 2 CFR 200.501(h), as applicable.
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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 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 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 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:
1. A claim that might reasonably be expected to
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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.
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/mdhhs website by the 15th day of the month
following the end of the quarter and a final report no later than 15 days
following the end of this Agreement.
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).
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 cost (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.
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b. State of Michigan travel rates may be found at the following
website: http://www.michigan.gov/dtmb/0.5552.7-150-
91411 3132-.00.html.
C. 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.
Q. Insurance Requirements
1. Maintain at least 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
G. 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 2010 07 04 and CG
2037 07 04.
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.
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:
hftp://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
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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
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
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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 USC 1352) as revised
by the Lobbying Disclosure Act of 1995 (2 USC 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 FY Omnibus Consolidated Appropriations Act.
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: The 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, marital status, gender
identification or expression, sexual orientation, partisan considerations,
or a disability or genetic information that is unrelated to the person's
ability to perform the duties of a particular job or position. 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
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 (PL 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;
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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 shall
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 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
vL.a... min W.. o,,.,.,.,.,,r,., noon norm Dann 19 -f an
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. Federal Requirement: Pro -Children Act
1. The Grantee will comply with the Pro -Children Act of 1994 (PL 103-227;
20 USC 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 PL 103-227,
any activity 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 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 shall be smoke -free.
F. Hatch Political Activity Act and Intergovernmental Personnel Act
The Grantee will comply with the Hatch Act (5 USC 1501-1508, 5 USC 7321-
7326), and the Intergovernmental Personnel Act of 1970 (PL 91-648) as
amended by Title VI of the Civil Service Reform Act of 1978 (PL 95-454).
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.
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G. Employee Whistleblower Protections
The Grantee will comply with 41 USC 4712 and shall 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 USC 7401-7671(q)) and
the Federal Water Pollution Control Act (33 USC 1251-1387), as amended.
1. 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.
Victims of Trafficking and Violence Protection Act
The Grantee will comply with the Victims of Trafficking and Violence Protection
Act of 2000 (PL 106-386), as amended.
1. This Agreement and anyone working on this Agreement will be subject
to PL 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 (PL 89-272), as amended.
1, This Agreement and anyone working on this Agreement will be subject
to section 6002 of PL 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 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
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same or substantially the same rights and privileges as the
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
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 2 CFR 200. Funding from this Agreement
shall not be used for the purchase of foreign goods or activities. 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
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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 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.
O. Survival
The provisions of this Agreement that impose continuing obligations will
survive the expiration or termination of this Agreement.
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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 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 or 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;
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 party).
4. The Grantee must notify the Department within one business day after
discovering any unauthorized use or disclosure of Confidential
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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.
Q. Cap on Salaries
None of the funds awarded to the Grantee through this Agreement shall 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. 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 1, Section Vill. The operating advance will be
administered as follows:
1. The operating advance amount requested must be reasonable in
relation to factors including but not limited to program requirements, the
period of the Agreement, and the financial obligation. In no case may
the advance exceed the amount required for 60 days of operating
expenses. Operating advances will be monitored and adjusted by the
Department relative to the Agreement amount.
2. The operating advance must be recorded as an account payable liability
to the Department in the Grantee's financial records. The operating
advance payable liability must remain in the Grantee's financial records
until fully recovered by the Department.
3. The reimbursement for actual expenditures by the Department should
be used by the Grantee to replenish the operating advance used for
program operations.
4. The operating 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. Subsequent Department
agreements may not be executed if an outstanding operational advance
has not been repaid.
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
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Due Process procedures include the following:
a. An offer from the Department 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 the 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 decide
not to forward debt to Treasury.
f. Grantee representation by an attorney and presentation of
witnesses if necessary.
5. If the Grantee has a recurring agreement with the Department, the
Department requires an annual confirmation of the outstanding
operating advance. 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 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 shall 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 employee 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
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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: https://www.michigan.gov/sigmayss.
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 total 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 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
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minimis rate in accordance with 2 CFR 200 to recover their indirect costs.
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 any activity referenced in Part 2 Section III. D. 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 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 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.
Vill. 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
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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
The Grantee assumes all liability to third parties, loss, or damage as a result of claims,
demands, costs, or judgments arising out of activities, such as 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 shall be construed as a waiver of any governmental immunity
that has been provided to the Grantee or its employees by statue 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.
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3 Attachment A2 - Oakland County Addendum
A Attachment A - Statement of Work
Objective : Provide notices to crime victims as defined in the William Van
Regenmorter
Crime Victim's Rights Act of 1985.
Activity : Provide specific information to each victim as mandated in MCL
780,756.
Responsible Staff : Victim Services personnel
Date Range: 10/01/2020 - 09/30/2021
Expected Outcome: 100% of victims will receive information under this section within 7 days
of the defendant's arraignment.
Measurement: Oakland County Prosecutor's Office Victim Assistance computer
system
Activity: Inform the victim of the defendant's conviction and the victim's right to
make a written or oral Victim Impact Statement pursuant to 780.763
and 780.765.
Responsible Staff : Victim Services personnel
Date Range: 10/01/2020 - 09/30/2021
Expected Outcome : 100% of requesting victims will receive notice of this right.
Measurement: Oakland County Prosecutor's Office Victim Assistance computer
system.
Activity : Provide the victim with an applicable post -conviction notice form
pursuant to MCL 780.763a(1),
Responsible Staff : Victim Services personnel
Date Range : 10/01/2020 - 09/30/2021
Expected Outcome: 100% of requesting victims will receive this information.
Measurement: Oakland County Prosecutor's Office Victim Assistance computer
system.
Activity :
Inform the victim of their right to receive notice of appeal pursuant to
MCL 780.768a.
Responsible Staff :
Victim Services personnel
Date Range :
10/01/2020 - 09/30/2021
Expected Outcome:
100% of requesting victims will receive notice of their right to be
informed of an appeal.
Measurement:
Oakland County Prosecutor's Office Victim Assistance computer
system.
Activity : Provide specific information to each victim as mandated in MCL
780.786
Responsible Staff : Victim Services personnel
Date Range: 10/01/2020 - 09/30/2021
Expected Outcome : 100% of victims will receive information under this section within 72
hours after filing a juvenile petition.
Measurement: Oakland County Prosecutor's Office Victim Assistance computer
system.
Activity : Provide specific information to each victim as mandated in MCL
780.816.
Responsible Staff :
Victim Services personnel
Date Range:
10/01/2020 - 09/30/2021
Expected Outcome:
100% of victims will receive information under this section within 48
hours after arraignment/plea,
Measurement:
Oakland County Prosecutor's Office Victim Assistance computer
system.
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Objective : Advocates will provide victim advocacy services from a systems -based
perspective.
Activity : Victim Advocates will provide courtroom accompaniment when
requested by the victim.
Responsible Staff : Victim Advocates
Date Range: 10/01/2020 - 09/30/2021
Expected Outcome: 100% of victims requesting courtroom accompaniment will receive this
advocacy service.
Measurement: Victim Services spreadsheet
Activity :
Victim Advocates will provide courtroom accompaniment for victims
and/or their families when requested by an Assistant Prosecutor or
when automatically assigned.
Responsible Staff :
Victim Advocates
Date Range :
10/01/2020 - 09/30/2021
Expected Outcome :
100% of victims in such cases will receive this advocacy service.
Measurement :
Victim Services spreadsheet
Objective:
Victim Advocates and Victim Services support staff will obtain
continuing education hours to increase individual expertise in the field
of victim advocacy.
Activity :
Attend Division of Victim Services sponsored conferences or training
approved by the Division.
Responsible Staff:
Fully -funded Victim Services staff
Date Range:
10/01/2020 - 09/30/2021
Expected Outcome:
100% of fully -funded staff under this grant agreement will have
achieved sixteen continuing education hours by the end of the grant
year.
Measurement:
Training log
Activity : Attend Division of Victim Services sponsored conferences or training
approved by the Division.
Responsible Staff : Part-time fully -funded Victim Services staff
Date Range : 10/01/2020 - 09/30/2021
Expected Outcome: 100% of part-time fully -funded staff under this grant agreement will
have achieved eight continuing education hours by the end of the grant
year.
Measurement: Training log
Objective:
Grantee will comply with the reporting requirements of the grant
agreement.
Activity :
Ensure all quarterly reports are complete and submitted in a timely
fashion.
Responsible Staff :
CVRP Project Director
Date Range:
10/01/2020 - 09/30/2021
Expected Outcome:
Quarterly reports will be submitted prior to the deadline.
Measurement:
Electronic Grants Administration and Management System (EGrAMS)
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B1 Attachment B1 - Program Budget Summary
PROGRAM
Victim Riqhts Prosecutor-2021
CONTRACTOR NAME
County of Oakland
MAILING ADDRESS (Number and Street)
1200 N.Telegraph Road
CITY STATE
Pontiac MI
Category
DIRECT EXPENSES
Program Expenses
1 Salary & Wages
2 Fringe Benefits
3 Travel
4 Supplies & Materials
5 Contractual
6 Equipment
7 Other Expense
Total Program Expenses
TOTAL DIRECT EXPENSES
INDIRECT EXPENSES
Indirect Costs
1 Indirect Costs
2 Cost Allocation Plan
Total Indirect Costs
TOTAL INDIRECT EXPENSES
TOTAL EXPENDITURES
SOURCE OF FUNDS
Category
1 Source of Funds
Fees and Collections
State Agreement
Local
Federal
DATE PREPARED
10/6/2020
BUDGET PERIOD
From : 10/1/2020 To: 9/30/2021
BUDGETAGREEMENT AMENDMENT#
r Original F Amendment 0
ZIP CODE FEDERAL ID NUMBER
48341-1032 38-6004876
I Total I Amount
469,044.00
469,044.00
252,460.00
252,460.00
0.00
0.00
1,873.00
1,873.00
0.00
0.00
0.00
0.00
38,072.00
38,072.00
761,449.00
761,449.00
761,449.00
761,449.00
0.00 0.00
0.00
0.00
0.00
0.00
0.00
000
761,449.00
761,449.00
Total I Amount I Cash I Inkind
0.00
0.00
0.00
0.00
761,449.00
761,449.00
0.00
0.00
0.00
0.00
0.00
0.00I
0.00
0.00
0.00
0.00I
Jn. Onn1 nl ,- nn
Nn NnOn
Dane In of Qn
Other
Total Source of Funds
Totals
0.00 0.00
761,449.00 761,449.00
761,449.00 761,449.00
EEO
,,,
0.00
0.001
0.001
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B2 Attachment B2 - Program Budget - Cost Detail Schedule
(Line Item I
Qtyl
Ratel
DIRECT EXPENSES
Program Expenses
1 Salary & Wages
Secretary
1000.0000
16.765
Notes : Dorothy Geldhof, Office
Assistant II
Secretary
1000.0000
20.593
Notes: Karen Groome, Office
Assistant II
Advocate
2080.0000
30.340
Notes : Amy Reynolds, Victim
Advocate
Advocate
2080.0000
37.164
Notes : Kelly Fitzpatrick, Victims
Services Supervisor
Advocate
2080.0000
30.340
Notes: Nicole Kennedy, Victim
Advocate
Secretary
2080.0000
18.678
Notes : Elizabeth DesJardins,
Office Assistant II
Advocate
2080.0000
30.340
Notes : Diane Stellini, Victim
Advocate
Advocate
2080.0000
30.340
Notes : Jennifer DeMeritt, Victim
Advocate
Advocate
2080.0000
30,340
Notes : Cynthia Stanton, Victim
Advocate
Total for Salary & Wages
2 Fringe Benefits
UnitsIUOM
Composite Rate 0.0000 49.370 63107.000
Notes: Amy Reynolds
Composite Rate 0.0000 63.341 77301.000
Notes : Kelly Fitzpatrick
Total
16,765.00
20,593.00
63,107.00
77,301.00
63,107.00
C:: 111
63,107.00
63,107.00
63,107.00
469,044.00
31,156.00
48,963.00
Dane. 10 of Rn
Line Item
Composite Rate
Notes: Nicole Kennedy
(Composite Rate
Notes : Diane Stellini
(Composite Rate
Notes : Jennifer DeMeritt
(Composite Rate
Notes : Cynthia Stanton +I
Composite Rate
Notes : Elizabeth DesJardins -
partial fringes, covers medical
(Total for Fringe Benefits
3 f Travel
4 Supplies & Materials
IPostage
I 5 +Contractual
6lEquipment
I7 Other Expense
5% Direct Victim Needs
Notes : 5% Direct Victim Needs
(Total Program Expenses
ITOTAL DIRECT EXPENSES
INDIRECT EXPENSES
(Indirect Costs
1 Indirect Costs
2 Cost Allocation Plan
(Total Indirect Costs
ITOTAL INDIRECT EXPENSES
(TOTAL EXPENDITURES
Qty
Rate
Units UOM
0.0000
65.841
63107.000
0.0000I
46.291
JJJ
I 63107.000
O,000OI
65.822�
63107.000I
0.0000�
65.841I
63107.000j
0.00001
47.5931
38850.0001
0.00001 0.0001 0.000
0.00001 0.0001 0.000
Total I
41,550.001
29,213.00
41,538.00
41,550.001
18,490.00I
252,460.00
1,873.001
1
l
1
38,072.00
761,449.00
761,449.00
1
1
l
0.00
0.00
761,449.00
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B3 Attachment B3 - Equipment Inventory Schedule
Attachment B3 - Equipment Inventory Schedule
C Attachment C - Performance Report Requirements
Attachment C - Performance/Progress Report Requirements
Attachment E - Program Specific Requirements
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Resolution #20564 November 19, 2020
Moved by Long seconded by Luebs the resolutions on the Consent Agenda be adopted.
AYES: Gingell, Hoffman, Jackson, Kochenderter, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson.(21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted.
41 w` a
aL��
I HEREBY APPROVE 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 November 19,
2020, 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 Circuit Court at Pontiac,
Michigan this 19th day of November, 2020,
Lisa Brown, Oakland County