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Home My WebLink AboutResolutions - 2021.10.28 - 34970tOAKLANDFe, COUNTY M I C H I GAN BOARD OF COMMISSIONERS October 28, 2021 MISCELLANEOUS RESOLUTION #21-431 Sponsored By: Penny Luebs IN RE: FY 2022 Raise the Age Grant Acceptance Chairperson and Members of tite Board: WHEREAS the Circuit Court applied for and was awarded a grant from the Michigan Department of Health and Human Services (MDHHS) in the amount of $750,000 with a grant period from October 1. 2021. through September 30, 2022; and 'WHEREAS in November of 2019. legislation was passed in Michigan extending fund availability to juvenile .justice youth who come under Circuit Court jurisdiction at age 17, and WHEREAS the MDHHS is to reimburse 100° o of the cost to provide juvenile justice services when a court exercises jurisdiction over a juvenile who is 17 years of age. but under the age of 18 at the time of offense: and WHEREAS the Public Act 97 established an RTA Fund within the Department of Treasury for expenditures that would not be reimbursable under the Child Care Fund reimbursement program; and WHEREAS examples of these types of expenditures would be General Fund type expenditures such as, attorney fees, interpreter fees, personal mileage fees. professional set -vice fees, other operating expenditures: and AN71IEREAS the grant award allows for the creation of two (2) Special Revenue (SR) Full -Time Eligible (FTE) Youth and Family Caseworker II positions to supervise this population on standard probation. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2022 Raise the Age Grant Program Agreement in the amount of $750,000 from the MDHHS, for the period of October 1. 2021, through September 30, 2022. BE IT FURTHER RESOLVED to create two (2) SR FTE Youth and Family Caseworker II positions in the Circuit Court'Family Court Division(Court Services Unit (#3010402). BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15(�D ) percent variance from the award, consistent with the original agreement approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any fitttue commitment and continuation of the positions in the grant is contingent upon continued future levels of grant funding. BE IT FURTHER RESOLVED that the budget for FY 2022 be amended as follows: JUVE\TILE JUSTICE SERVICES FUND (#27196) GR0000001120 Activity: GLB Analysis: GLB Bud Ref: 2022 FY 2022 Revenue 3010402 121255 Expenditures 3010402 121255 3010402 121255 3010402 121255 3010402 121255 3010402 121255 3010402 121255 3010402 121255 3010402 121255 3010402 121255 3010402 121255 615571 State Operating Grants $ 750,000 Total Revenue 702010 Salaries 8 144.286 722740 Fringe Benefits 73,999 730373 Contracted Services 25,000 730450 Defense Attorney Fees 377,000 730527 Direct Client Services 3.000 730982 Interpreter Fees 28,000 731346 Personal Mileage 34,000 731962 Transcript on Appeals 32.000 750245 Incentives 2,715 750399 Office Supplies 30,000 Total Expenditures $ 750,000 Chairperson, the following Conirnissioners are sponsoring the foregoing Resolution: Penny Luebs. Date: October 29. 2021 David Woodward, Commissioner Date: November 02, 2021 Hilarie Chambers, Deputy County Executive 11 Date: November 02 2021 Lisa Brown, County Clerk! Register of Deeds COMMITTEE TRACKING 2021-10-19 Public Health & Safety - recommend to Board 2021-10-28 Full Board VOTE TRACKING Motioned by Conmrissioner Michael Gingell seconded by Cornmissioner Gwen Markham to adopt the attached Grant Acceptance: FY 2022 Raise the Age Grant Acceptance. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat. Kristen Nelson. Eileen Kocvall, Philip Weipert, Gwen Markham. Angela Powell, Thomas Kuhn. Charles Moss, Marcia Gershenson, William Miller III, Charles Cavell. Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman. Adam Koclrenderfer (19) No: None (0) Abstain: None (0) Ahsent: (0) The Motion Passed. ATTACHMENTS 1. Grant Review Sign Off 2. FY20221%IDHHS RTA Grant ContractBOC9-22-21 3. PHS - FY2022 RTA Grant WriteupBOC9-22-21 4, RTA Grant Application and BudgetBOC9-22-21 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 28. 2021, with the original record thereof notiv remaining in my office. In Testimony Whereof. I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Thursday. October 28, 2021. Lisa Broitw, Oakland Cowitr- Clerk, Register of Deeds GRANT REVIEW SIGN -OFF — 6ch Circuit Court GRANT NAME: FY2022 Michigan Department of Health and Human Services Raise the Age Grant FUNDING AGENCY: MDHHS DEPARTMENT CONTACT PERSON: John Cooperrider 248-858-0256 STATUS: Grant Acceptance (Greater than $10,000) DATE: 09/22/2021 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) may be 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 by M & B. — Lynn Sonkiss (09/21/21) Human Resources: Approved by Human Resources. Creates two positions, so HR action is needed. HR Department write up is done and included in the documents already. —Heather Mason (09/17/21) Risk Management: Approved by Risk Management. — R.E. (9/20/21) Corporation Counsel: The state has agreed to my requested modifications of the grant agreement by way of the attached addendum. Consequently, the grant agreement with addendum are approved by Corporation Counsel, as there are no further legal issues. Sharon Kessler — (9.22.21) Agreement #: E20222435-00 Grant Agreement Between Michigan Department of Health and Human Services hereinafter referred to as the "Department' and County of Oakland - 6th Judicial Circuit 1200 N Telegraph Rd Pontiac MI 48341 0404 Federal I.D.#: 38-6004876, DUNS#: 136200362 hereinafter referred to as the "Grantee" for Raise the Age - 2022 Part 1 1. Period of Agreement: This Agreement will commence on the date of the Grantee's signature or October 1, 2021, whichever is later, and continue through September 30, 2022. No activity will be performed and no costs to the state will be incurred prior to October 1, 2021 or the effective date of the Agreement, whichever is later. Throughout the Agreement, the date of the Grantee's signature or October 1, 2021, 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. Agreement Amount The total amount of this Agreement is $750,000.00. Under the terms of this Agreement, the Department will provide funding not to exceed $750,000.00. 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. Contract# E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age - 2022, Date: 09/09/2021 Page: 1 of 33 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 purpose of the grant is to provide funding to to ensure that 17 year olds can access services available in the juvenile justice system. 4. Statement of Work: The Grantee agrees to undertake, perform and complete the activities described in Attachment A, which is part of this Agreement. 5. Financial Requirements: The financial requirements 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 is part of this Agreement. Contract # E20222435-00, County of Oakland -6th Judicial Circult, Raise the Age - 2022, Date: 09/09/2021 Page: 2 of 33 Administration of the Agreement: 0 The person acting for the Department in administering this Agreement (hereinafter referred to as the Contract Manager) is: Amanda Jansen Analyst/Specialist (517) 284-2997 JansenA1 @michigan.gov Name Title Telephone No. Email Address Grantee's Financial Contact for the Agreement: The financial contact acting on behalf of the Grantee for this Agreement is: Julie Shih Name shihj@oakgov.com E-Mail Address Grant Accountant Title (248) 858-1247 Telephone No. Contract # E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age- 2022, Oate: 09/09/2021 Page: 3 of 33 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 - 6th Judicial Circuit David Woodward County Commissioner [kip 1- Title Date For the Michigan Department of Health and Human Services Christine H. Sanches 09/09/2021 Christine H. Sanches, Director Date Bureau of Grants and Purchasing Contract # E20222435-OD, County of Oakland � 6th Judicial Circuit, Raise the Age - 2022, Date: 0910912021 Page: 4 of 33 Part 2 General Provisions 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. Contract# E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age . 2022, Date: 09/09/2021 Page: 5 of 33 S. 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 Contract # E20222435-00, County of Oakland -6th Judicial Circuit, Raise the Age- 2022, Date: 09/09/2021 Page: 6 of 33 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 II. A.). 1. Required Audit or Audit Exemption Notice Submit to the Department either a Single Audit, Financial Related Audit or Audit Exemption Notice as described below. A Financial Related Audit is applicable to for -profit Grantees that are designated as subrecipients. If submitting a Single Audit or Financial Related Audit, Grantees must also submit a corrective action plan prepared in accordance with 2 CFR 200.511(c) for any audit findings that impact the Department funded programs, and management letter (if issued) with a corrective action plan. a. Single Audit Grantees that are a state, local government or non-profit organization that expend $750,000 or more in federal awards during the Grantee's fiscal year must submit a Single Audit to the Department, regardless of the amount of funding received from the Department. The Single Audit must comply with the requirements of 2 CFR 200 Subpart F. The Single Audit reporting package must include all components described 2 CFR 200.512 (c). b. Financial Related Audit Grantees that are for -profit organizations that expend $750,000 or more in federal awards during the Grantee's fiscal year must submit either a financial related audit prepared in accordance with Government Auditing Standards relating to all federal awards, or an audit that meets the requirements contained in 2 CFR 200 Subpart F, if required by the federal awarding agency. C. Audit Exemption Notice Grantees exempt from the Single Audit and Financial Related Audit requirements (a, and b. above) must submit an Audit Exemption Notice that certifies these exemptions. The Contract# E20222435-00, County of Oakland - 5lh Judicial Circuit, Raise the Age - 2022, Date: 09/09/2021 Page: 7 of 33 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 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 of the end of the Grantee's fiscal year by e-mail to MDHHS-AuditReports@michigan.gov. Single Audit reports must be submitted simultaneously to the Department and Federal Audit Clearinghouse, in accordance with 2 CFR 200.512(a). The required submissions must be assembled in PDF files and compatible with Adobe Acrobat (read only). The subject line must state the agency name and fiscal year end. The Department reserves the right to request a hard copy of the audit materials if for any reason the electronic submission process is not successful. 4. Penalty a. Delinquent Single Audit or Financial Related Audit If the Grantee does not submit the required Single Audit or Financial Related Audit, including any management letter and applicable corrective action plan(s) within nine months after the end of the Grantee's fiscal year, the Department may withhold from any payment from the Department to the Grantee an amount equal to five percent of the audit year's grant funding (not to exceed $200,000) until the required filing is received by the Department. The Department may retain the amount withheld if the Grantee is more than 120 days delinquent in meeting the filing requirements. The Department may terminate any current grant agreements if the Grantee is more than 180 days delinquent in meeting the filing requirements. Contract # E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age -2022, Date: 09109/2021 Page8 of 33 b. Delinquent Audit Exemption Notice Failure to submit the Audit Exemption Notice, when required, may result in withholding from any payment from Department to the Grantee an amount equal to one percent of the audit year's grant funding until the Audit Exemption Notice is received. 5. Other Audits The Department or federal agencies may also conduct or arrange for agreed upon procedures or additional audits to meet their needs. H. Subrecipient/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 200.332. b. Ensure the subrecipient complies with all the requirements of this Agreement. C. Evaluate each subrecipient's risk for noncompliance as required by 2 CFR 200.332(b). d. Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations and the terms and conditions of the subawards; that subaward performance goals are achieved; and that all monitoring requirements of 2 CFR 200.332(d) are met including reviewing financial and programmatic reports, following up on corrective actions and issuing management decisions for audit findings. e. Verify that every subrecipient is audited as required by 2 CFR 200 Subpart F. 2. Develop a subrecipient monitoring plan that addresses the above requirements and provides reasonable assurance that the subrecipient administers federal awards in compliance with laws, regulations and the provisions of this Agreement, and that performance goals are achieved. The subrecipient monitoring plan should include a risk -based assessment to determine the level of oversight and monitoring activities, such as reviewing financial and performance reports, performing site visits and maintaining regular contact with subrecipients. 3. Establish requirements to ensure compliance for for -profit subrecipients as required by 2 CFR 200.501(h), as applicable. 4. Ensure that transactions with subrecipients/contractors comply with laws, regulations and provisions of contracts or grant agreements in compliance with 2 CFR 200.501(h), as applicable. Contract # E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age -2022, Date: 09109/2021 Page: 9 of 33 I. Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source that would require or result in significant modification in the provision of activities, funding or compliance with operational procedures. J. Software Compliance Ensure software compliance and compatibility with the Department's data systems for activities provided under this Agreement, including but not limited to stored data, databases and interfaces for the production of work products and reports. All required data under this Agreement 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 Contract 4 E20222435-00, County of Oakland -6th Judicial Circuit, Raise the Age - 2022, Date: 09/09/2021 Page: 10 of 33 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:/iegrams-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. Contract# E20222435-00, County of Oakland - eth Judicial Circuit, Raise the Age-2022, Date: 0910912021 Page: 11 of 33 b. State of Michigan travel rates may be found at the following website: http://www.michigan.gov/dtmb/0,5552,7-358- 82548_13132---,00.html. 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 be responsible for all deductibles. All required insurance or self-insurance must: a. Protect the state of Michigan from claims that may arise out of, are alleged to arise out of, or result from Grantee's or a subcontractor's performance; b. Be primary and non-contributing to any comparable liability insurance (including self-insurance) carried by the state; and C. Be provided by a company with an A.M. Best rating of "A" or better and a financial size of VII or better. 2. Insurance Types a. Commercial General Liability Insurance or Governmental Self - Insurance: Except for Governmental Self -Insurance, policies must be endorsed to add "the state of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents" as additional insureds using endorsement CG 20 10 11 85, or both CG 20 10 12 19 and CG 20 37 12 19. If the Grantee will interact with children, schools, or the cognitively impaired, the Grantee must maintain appropriate insurance coverage related to sexual abuse and molestation Contract # E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age - 2022, Date: 09/09/2021 Page: 12 of 33 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 J. 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: http://www.mipsor.state.ml.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 Contract # E20222435-00, County of Oakland -6th Judicial Circuit, Raise the Aga - 2022, Oate: 09/09/2021 Page: 13 of 33 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. 111. 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 Contract# E20222435-00, County of Oakland - 5th Judicial Circuit, Raise the Age - 2022, Date: 09/09/2021 Page: 14 of 33 applicable requirements in the original grant awarded to the Department if the Grantee is a subgrantee. The Department may determine that the Grantee has not complied with applicable federal or state laws, guidelines, rules and regulations in carrying out the terms of this Agreement and may then terminate this Agreement under Part 2, Section V. B. Anti -Lobbying Act The Grantee will comply with the Anti -Lobbying Act (31 U.S.C. 1352) as revised by the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et sec.), 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 (P.L. 88-352) which prohibits discrimination based on race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 1685-1686), which prohibits discrimination based on sex; C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination based on Contract# E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age -2022, Date: 0910912D21 Page: 15 of 33 disabilities; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination based on age; e. The Drug Abuse Office and Treatment Act of 1972 (P-L. 92- 255), as amended, relating to nondiscrimination based on drug abuse; f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination based on alcohol abuse or alcoholism; g. Sections 523 and 527 of the Public Health Service Act of 1944 (42 U.S.C. 290 dd-2), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and, i. The requirements of any other nondiscrimination statute(s) which may apply to the application. 3. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority - owned and women -owned businesses, and businesses owned by persons with disabilities in contract solicitations. The Grantee 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; Contract# E20222435-00, County of Oakland -6th Judicial Circuit, Raise the Age - 2022, Date; 09109/2021 Page. 16 of 33 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2; 4. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default; and 5. Have not committed an act of so serious or compelling a nature that it affects the Grantee's present responsibilities. E. Federal Requirement: Pro -Children Act 1. The Grantee will comply with the Pro -Children Act of 1994 (P.L. 103- 227; 20 U.S.C. 6081, et seq.), which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development activities, education or library activities to children under the age of 18, if the activities are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan or loan guarantee. The law also applies to children's activities that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children's activities provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; activity providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The Grantee also assures that this language will be included in any subawards which contain provisions for children's activities. 2. The Grantee also assures, in addition to compliance with P.L. 103-227, any activity funded in whole or in part through this Agreement will be delivered in a smoke -free facility or environment. Smoking 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 Act and Intergovernmental Personnel Act The Grantee will comply with the Hatch Act (5 U.S.C. 1501-1508, 5 U.S.C. 7321-7326), and the Intergovernmental Personnel Act of 1970 (P.L. 91-648) as amended by Title VI of the Civil Service Reform Act of 1978 (P.L. 95-454). Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally assisted Contract N E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age -2022, Date: 09/09/2021 Page: 17 of 33 programs. G. Employee Whistleblower Protections The Grantee will comply with 41 U.S.C. 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 U.S.C. 7401-7671(q)) and the Federal Water Pollution Control Act (33 U.S.C. 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. I. Victims of Trafficking and Violence Protection Act The Grantee will comply with the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386), as amended. 1. This Agreement and anyone working on this Agreement will be subject to P.L. 106-386 and must comply with all applicable standards, orders or regulations issued pursuant to this Act. Violations must be reported to the Department. J. Procurement of Recovered Materials The Grantee will comply with section 6002 of the Solid Waste Disposal Act of 1965 (P.L. 89-272), as amended. 1. This Agreement and anyone working on this Agreement will be subject to section 6002 of P.L. 89-272, as amended, and must comply with all applicable standards, orders or regulations issued pursuant to this Act. Violations must be reported to the Department. K. Subcontracts For any subcontracted activity or product, the Grantee will ensure: 1. That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity or delivery of any subcontracted product. Exceptions to this policy may be granted by the Department if the Grantee asks the Department in writing within 30 days of execution of the Agreement. 2. That any executed subcontract to this Agreement 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 Contract # E20222435-00, County of Oakland -6th Judicial Circuit, Raise the Age- 2022, Date: 0910912021 Page: 18 of 33 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 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 four years after the end of the Agreement period. M. Health Insurance Portability and Accountability Act To the extent that the Health Insurance Portability and Accountability Act (HIPAA) is applicable to the Grantee under this Agreement, the Grantee assures that it is in compliance with requirements of HIPAA including the following: 1. The Grantee must not share any protected health information provided by the Department that is covered by HIPAA except as permitted or required by applicable law; or to a subcontractor as appropriate under this Agreement. 2. The Grantee will ensure that any subcontractor will have the same obligations as the Grantee not to share any protected health data and information from the Department that falls under HIPAA requirements in the terms and conditions of the subcontract. 3. The Grantee must only use the protected health data and information for the purposes of this Agreement. 4. The Grantee must have written policies and procedures addressing the use of protected health data and information that falls under the H IPAA 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. Contract # E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age- 2022, Date: 09/09/2021 Page: 19 of 33 5. The Grantee must have a policy and procedure to immediately report to the Department any suspected or confirmed unauthorized use or disclosure of protected health information that falls under the HIPAA requirements of which the Grantee becomes aware. The Grantee will work with the Department to mitigate the breach and will provide assurances to the Department of corrective actions to prevent further unauthorized uses or disclosures. The Department may demand specific corrective actions and assurances and the Grantee must provide the same to the Department. 6. Failure to comply with any of these contractual requirements may result in the termination of this Agreement in accordance with Part 2, Section V. 7. In accordance with HIPAA requirements, the Grantee is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information, including without limitation the Department's costs in responding to a breach, received by the Grantee from the Department or any other source. 8. The Grantee will enter into a business associate agreement should the Department determine such an agreement is required under HIPAA. N. Website Incorporation The Department is not bound by any content on Grantee's website or other internet communication platforms or technologies, unless expressly incorporated directly into this Agreement. The Department is not bound by any end user license agreement or terms of use unless specifically incorporated in this Agreement or any other agreement signed by the Department. The Grantee may not refer to the Department on the Grantee's website or other internet communication platforms or technologies without the prior written approval of the Department. O. Survival The provisions of this Agreement that impose continuing obligations will survive the expiration or termination of this Agreement. Contract # E20222435-00, County of Oakland -6th Judicial Circuit, Raise the Age -2022, Date; 09/09l2021 Page, 20 of 33 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 of similar meaning, at the time of disclosure by such party,- b. If disclosed orally or not marked "confidential" or with words of similar meaning, was subsequently summarized in writing by the disclosing party and marked "confidential" or with words of similar meaning; C. Should reasonably be recognized as confidential information of the disclosing party; 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); J. 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 Contract# E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age - 2022, Date: 09/09/2021 Page: 21 of 33 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 ll. 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 VIII. 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 Contract k E20222435-00, County of Oakland -6th Judicial Circuit, Raise the Age - 2022, Date: 09/09/2021 Page: 22 of 33 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 representative who submits the FSR is certifying to the best of their knowledge and belief that the report is true, complete and accurate and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of this Agreement. The individual submitting the FSR should be aware that any false, fictitious or fraudulent information, or the omission of any material facts, may subject them Contract # E20222435-00, County of Oakland -6th Judicial Circuit, Raise the Age -2022, Date: 09/09/2021 Page: 23 of 33 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 unbilled expenditures for the entire Agreement period. The information on the report will be used to record the Department's year-end accounts payable and receivable for this Agreement. 2. Department -wide Payment Suspension A temporary payment suspension is in effect on agreements during the Department's year-end closing period. The Department will notify the Grantee of the date by which FSRs should be submitted to ensure payment prior to the payment suspension period. 3. Final FSRs Final FSRs are due 30 days following the end of the Agreement period. The final FSR must be clearly marked "Final." Final FSRs not received by the due date may result in the loss of funding requested on the Obligation Report and may result in a potential reduction in a subsequent year 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 Contract# E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age -2022, Date: 0910912021 Page: 24 of 33 minimis rate in accordance with 2 CFR 200 to recover their indirect costs. Governmental Grantees with an existing cost allocation plan may budget accordingly in lieu of an indirect cost rate. Non -governmental Grantees may use a cost allocation plan only if the plan was in place prior to December 26, 2014. V. Agreement Termination This Agreement may be terminated without further liability or penalty to the Department for any of the following reasons: A. By either party by giving 30 days written notice to the other party stating the reasons for termination and the effective date. B. By either party with 30 days written notice upon the failure of either party to carry out the terms and conditions of this Agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the 30-day period. C. Immediately if the Grantee or an official of the Grantee or an owner is convicted of any activity referenced in Part 2 Section III. D. of this Agreement during the term of this Agreement or any extension thereof. Vl. 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. Vlll. 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. Contract 4 E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age - 2022, Date: 09/09/2021 Page: 25 of 33 X. Amendments Any changes to this Agreement will be valid only if made in writing and executed by all parties through an amendment to this Agreement. Any change proposed by the Grantee which would affect the Department funding of any project must be submitted in writing to the Department immediately upon determining the need for such change. The Department has sole discretion to approve or deny the amendment request. The Grantee 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 because of claims, demands, costs, or judgments arising out of activities, such as but not limited to direct activity delivery, to be carried out by the Grantee in the performance of this Agreement, under the following conditions: A. The liability, loss, or damage is caused by, or arises out of, the actions of or failure to act on the part of the Grantee, any of its subcontractors, or anyone directly or indirectly employed by the Grantee. B. Nothing herein 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 because of this Agreement shall be resolved in the state of Michigan. Contract # E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age -2022, Date: 09/09/2021 Page, 26 of 33 SSIS PNGe t. P OF F{NPNG\P {GSGNeGUrE TR pNv H%Jtf N SON o 1u - Ia\ Giccuit AW acd Date eNT of tteP1- of Qak\and ` Fede ca{ AWavd A�ya{d N gePPR.tM GoantY F¢detax Gatl°n N° prtachlnent1 M\Gµ{GA Federa\Oocnesitc �Umbet .{iHe \d Cata{o9 °t A pwatd rage o- 2022 Dale �p9126`1 Oyk\aad.6lh dudclai GVCUtt. �tsaihe Aga. aA95.06, GnnUad#�'10? _ A Attachment A - Statement of Work Objective : Provide services for youth under the Oakland County Circuit Court's jurisdiction and over the age of 17years old but under the age of 18 at the time the crime was committed. Meet the requirements of Public Act 97. Activity : Provide for payments to Defense Attorneys, Interpreters, professional services, transcripts, office supplies, testing materials, and supervision for youth over the age of 17 but under the age of 18 at the time of the offense. Responsible Staff : Oakland County Circuit Court personnel Date Range : 10/01/2021 - 09/30/2022 Expected Outcome : Meet the requirements of Public Act 97. Measurement: Contract # E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age .2022, Date: 09109/2021 Page: 28 of 33 B1 Attachment B1 -Program Budget Summary PROGRAM DATE PREPARED Raise the Ace - 2022 9/9/2021 CONTRACTOR NAME BUDGET PERIOD Countv of Oakland - 6th Judicial Circuit From: 10/1/2021 To : 9/30/2022 MAILING ADDRESS (Number and Street) BUDGETAGREEMENT AMENDMENT# 1200 N Telegraph Rd r Original j'Amendment 0 CI (MIATE ZIP CODE FEDERAL ID NUMBER Pontiac 8341-0404 38-60087B Category I Total I Amount l DIRECT EXPENSES Program Expenses 1 Salary & Wages I 144,286.00 144,286.00 2 Fringe Benefits I 73,999.00 73,999.00 3 Travel I 34,000.00 34,000.00I 4 I Supplies & Materials ( 30,000.00 30,000.00 5 I Contractual I 25,000.00 I 25,000.00 6 I Subawards — Subrecipient Services I 0.00 I 0.00 7 Equipment I 0,00 I 0.00 8 Other Expense I 442,715.00 I 442,715.00 Total Program Expenses I 750,000.00 ( 750,000.00 TOTAL DIRECT EXPENSES I 750,000.00 I 750,000.00 INDIRECT EXPENSES Indirect Costs 1 Indirect Costs I 0.00 I 0.00 2 Cost Allocation Plan ( 0.00 I 0.00 Total Indirect Costs 0.00 0.00 TOTAL INDIRECT EXPENSES I 0.00 I 0.00 I TOTAL EXPENDITURES I 750,000.00 750,000.00 SOURCE OF FUNDS Category Total I Amount I Cash I Inkind 1 ISource of Funds Fees and Collections 0.00 0.00 0.00 0.00 �! State Agreement 750,000.00 750,000.00 0.00 0.00 Local 0.00I 0.00 0.00I 0.00I Contract# E20222435-00, County of Oakland -6th Judicial Circuit, Raise the Age -2022, Date: 09/0912021 Page. 29 of 33 Federal Other Total Source of Funds Totals 0.00 0.00 0.00 0.00 750,000.00 750,000.00 750,000.00 750,000.00 0.0o 0.00 0.00 0.00 0.00 0.00 1 0.00 0.00 1 Contract # E20222435-00, County of Oakland -6th Judicial Circuit, Raise the Age -2022, Date: 09/092021 Page: 50 of 33 B2 Attachment B2 - Program Budget - Cost Detail Schedule i (Line Item I QtyI Ratel UnitslUOM DIRECT EXPENSES Program Expenses 1 Salary & Wages Case Worker 2 Fringe Benefits FICA IRetirement IUnemployment Worker's Compensation Disability Life Insurance Hospitalization Dental Insurance IVisicn Insurance (Total for Fringe Benefits 3 Travel Mileage -Caseworker Mileage at .56/mile 4 Supplies & Materials Office Supplies 5 Contractual Evaluation Services -Clinical Services including therapy Contact Details : House Arrest 16039 East Nine Mile Road, Eastpo inte, M 1,48021, Phone: 8005448447 6 Subawards— Subrecipient Services 7 Equipment B Other Expense Legal Fees Interpreter 2.00001 0.0000 0.0000 0.0000 0.0000 0.0000 0,0000 0.0000 0.0000 0.0000 72143.000I 0.000I FTE 7.650 144286-000 24.410 144286.000 0.100 144286.000 1.080 144286.000 1.550 144286.000 0.220 144286.000 14,917 144286.000 1.187 144286.000 0.173 144286.000 0.000 0.000 moot 0.0001 0.000 0.000 0.000 0.000 Total l I I I 144,286.001 11,038.00 35,220.00 144.00 1,558.00 2,236-00 317.00 21,523.00 1,713.00 250,00 73,999.00 34,000.00 30, 000.00 25,000.00II, 1 l 377,000.001 28, 000.001 Contract # E20222435-00, County of Oakland - 5th Judicial Circuit, Raise the Age -2022, Date: 0910912021 Page: 31 of 33 Line Item Qty Rate Units UOM Total Transcripts 0.0000 0.000 0.000 32,000.00 Incentives 0.0000 0.000 0.000 2,715.0011 Direct Client Services 0.0000 0.000 0.000 3,000.00 (Total for Other Expense 442,715.001 (Total Program Expenses 750,000.001 (TOTAL DIRECT EXPENSES 750,000.001 (INDIRECT EXPENSES 1 1 Ilndirect Costs 1 IIndirect Costs 2 Cost Allocation Plan (Total Indirect Costs 0.00i (TOTAL INDIRECT EXPENSES 0.001 ITOTAL EXPENDITURES 750,000.001 Contract # E20222435-00, County of Oakland - 6th Judicial Circuit, Raise the Age -2D22, Date: 09/09/2021 Page: 32 of 33 B3 Attachment B3 - Equipment Inventory Schedule Attachment B3 - Equipment Inventory Schedule C Attachment C - Performance Report Requirements Attachment C - Performance/Progress Report Requirements Contract # E20222435-DD, County of Oakland - 6th Judicial Circuit, Raise the Age -2022, Date; 09/09/2021 Page33 of 33 REQUEST: 1. The Oakland County Board of Commissioners accepts the FY 2022 Raise the Age Grant Program Agreement in the amount of $750,000 from the MDHHS, for the period of October 1, 2021, through September 30, 2022. 2. Create two (2) SR FTE Youth and Family Caseworker II positions in the Circuit Court/Family Court Division/Court Services Unit (#3010402). PROPOSED FUNDING: FY2022 Michigan Department of Health and Human Services Raise the Age Grant. OVERVIEW: The Circuit Court applied for and was awarded a grant with the Michigan Department of Health and Human Services (MDHHS) with a grant period of October 1, 2021, through September 30, 2022, The total program funding for the Raise the Age (RTA) Grant will be in the amount of $750,000. In November of 2019, legislation was passed in Michigan extending fund availability to juvenile justice youth who come under the Circuit Court jurisdiction at age 17. The MDHHS is to reimburse 100% of the cost to provide juvenile justice services when a court exercises jurisdiction over a juvenile who is 17 years of age, but under the age of 18 at the time of offense. The Public Act 97 established an RTA Fund within the Department of Treasury for expenditures that would not be reimbursable under the Child Care Fund reimbursement program. Examples of these type of expenditures would be General Fund type expenditures such as, attorney fees, interpreter fees, personal mileage fees, professional service fees, other operating expenditures. The grant award allows for the creation of two (2) Special Revenue (SR) Full -Time Eligible (FTE) Youth and Family Caseworker II positions to supervise this population on standard probation. The Circuit Court must have applied to participate in the RTA Grant through EGrAMS, which is an Electronic Grants Administration and Management System through which the grant is administered. The grant award has completed the Grant Review Process in accordance with the Board of Commissioners Grant Acceptance Procedures COUNTY EXECUTIVE RECOMMENDATION.: Recommended as Requested. PERTINENT SALARIES FY 2022 *Note: Annual rates are shown for illustrative purposes only. Class Gr Period Base 1 Year 2 Year 3 Year 4 Year 6 Year 6 Year 7 Year Youth & Family 021 Annual 62,100 64,274 66,202 68,188 70,915 72,143 73,586 Caseworker Bi-wkly 2,388.46 2,472.06 2,546.22 2,622.61 2,72751 2,774.73 2,80323 SALARY AND FRINGE BENEFIT SAVINGS **Note: Fringe benefit rates displayed are County averages. Annual costs are shown for illustrative purposes only. Actual costs are reflected in the budget amendment. Create two (2) SR FTE Youth & Family Caseworker II positions Salary at One Year Step $64,274 Fringes @35.01% $22,502 Total Health Care Based Fringes $11,744 Cost for One $98,520 Total Cost $197,040 Facesheet for Raise the Age - 2022 Agency: County of Oakland - 6th Judicial Circuit Application: Raise the Age - 2022 FOR OFFICE USE ONLY, Version # APP # Demographic Information 1. Demographic Information a. Demographic Information Name County of Oakland - 6th Judicial Circuit b. Organizational Unit c. Address 1200 N Telegraph Rd d. Address 2 e. City Pontiac State MI f. Federal ID Number 38-6004876 Reference Nc g. Demographic Information fiscal year (beginning month and day) October-01 In. Agency Type C Private, Non -Profit is Public 1. Select the appropriate radio button to indicate the agency method of accounting. t= Accrual Cash Modified Accrual 2. Program / Service Information a. Program / Service Information Name Raise the Age - 2022 b. Is implementing agency same as Demographic Information c. Implementing Agency Name d. Project Start Date Oct-01-2021 e. Amount of Funds Allocated $750,000.00 8/4/2021 Zip 48341-0404 136200362 f+ Yes t' No End Date Sep-30-2022 Project Cost $750,000.00 Page: 1 of 2 Facesheet for Raise the Age - 2022 Agency: County of Oakland - 6th Judicial Circuit Application: Raise the Age - 2022 FOR OFFICE USE ONLY: Version # 3. Certification I Contacts Information a. Project Director Name Title Mailing Address City Telephone E-mail Address b. Authorized Official Name Title Mailing Address City Telephone E-mail Address c. Financial Officer Name Title Mailing Address City Telephone E-mail Address APP # John Cooperrider Financial Controller 1200 North Telegraph Road Pontiac State MI Zip 48341 (248) 858-0256 Fax cooperriderj@oakgov.com David Woodward County Commissioner 1200 N Telegraph Rd Pontiac State MI Zip 48341 (248)858-0100 Fax woodwardd@oakgov.com 8I4I2021 Julie Shih Grant Accountant Oakland County - Fiscal Services WATERFORD State MI Zip 48328-0403 (248)858-1247 Fax (248)858-9724 shihj@oakgov.com Page: 2 of 2 Certifications for Raise the Age - 2022 W4/2021 Agency: County of Oakland - 6th Judicial Circuit Application: Raise the Age - 2022 FOR OFFICE USE ONLY: Version # APP # 4. Assurances and Certifications A. SPECIAL CERTIFICATIONS W By checking this box, the individual or officer certifies that the individual or officer is authorized to approve this grant application for submission to the Department of Health and Human Services on behalf of the responsible governing board, official or Grantee. By checking this box, the individual or officer certifies that the individual or officer Is authorized to sign the agreement on behalf of the responsible governing board, official or Grantee. B. State of Michigan Information Technology Information Security Policy 1. By checking the following boxes, the Grantee acknowledges compliance with State of Michigan Information Technology Information Security Policy* and provides the following assurances. a, The Grantee Project Director will be notified within 24 hours when its users are terminated or transferred or immediately if after an unfriendly separation. b. The Grantee Project Director will annually review and certify user accounts to verify the user's access is still required and the user is assigned the appropriate permissions. C. r The Grantee Project Director will remove user's access within 48 hours of notification when users are terminated or transferred, or immediately if after an unfriendly separation. d. After 120 days of inactivity, when the user attempts to log into their account they will receive a message stating their account has been deactivated, and the user will have to request the account be reinstated. *Policy available at https://www.michigan.gov/documents/dmb/1340_193162_7.pdf Page. 1 of 1 Narrative for Raise the Age - 2022 8/4/2021 Agency: County of Oakland - 6th Judicial Circuit Application: Raise the Age - 2022 FOR OFFICE USE ONLY. Version # APP # 5. Program Synopsis Oakland County Circuit Court - Family Division is seeking reimbursement for expenditures associated with exercising jurisdiction over juvenile justice youth who come under the courts jurisdiction at age 17 that would not be reimbursable through already existing Child Care Fund Reimbursement program. This Is in response to Public Act 97 which establishes a Raise the Age Fund. 6. Program Target Area Counties project will serve (check all that apply) Alcona r Alger Allegan Alpena Antrim Arenac r Baraga Barry r Bay r Benzie Berrien r Branch Calhoun r Cass r Charlevoix r Cheboygan r Chippewa r Clare r Clinton r Crawford r Delta r Dickinson r Eaton r Emmet r Genesee r Gladwin r Gogebic r Grand Traverse r Gratiot r Hillsdale r Houghton r Huron r Ingham r Ionia r losco r Iron r Isabella r Jackson r Kalamazoo r Kalkaska r Kent r Keweenaw r Lake r Lapeer r Leelanau r Lenawee r Livingston r Luce r Mackinac r Macomb r Manistee r Marquette r Mason r Mecosta r Menominee r Midland r Missaukee r Monroe r Montcalm r Montmorency r Muskegon r Newaygo Oakland r Oceana r Ogemaw r Ontonagon r Osceola r Oscoda r Otsego r Ottawa r Presque Isle r Roscommon r Saginaw r St. Clair r St. Joseph r Santac r Schoolcraft r Shiawassee r Tuscola r Van Buren r Washtenaw r Wayne r Wexford r Out Wayne 9 Page: 1 of 1 Work Plan for Raise the Age - 2022 Agency: County of Oakland - 6th Judicial Circuit Application: Raise the Age - 2022 FOR OFFICE USE ONLY: Version # APP # Workplan Objective : Activity : Responsible Staff Date Range : Expected Outcome Measurement: 8/4/2021 Provide services for youth under the Oakland County Circuit Court's jurisdiction and over the age of 17years old but under the age of 18 at the time the crime was committed. Provide for payments to Defense Attorneys, Interpreters, professional services, transcripts, office supplies, testing materials, and supervision for youth over the age of 17 but under the age of 18 at the time of the offense. Oakland County Circuit Court personnel 10/01/2021-09/30/2022 Meet the requirements of Public Act 97. Page: 1 of 7 III FOR OFFICE USE ONLY: ILine Item DIRECT EXPENSES Progran Expenses 1 Salary & Wages Case Worker 2 Fringe Benefits FICA Retirement Unemployment Worker's Compensation Disability Life Insurance Hospitalization Dental Insurance Vision Insurance Total for Fringe Benefits 3 Travel Mileage -Caseworker Mileage at.56/mile 4 Supplies & Materials Office Supplies Budget Detail for Raise the Age - 2022 Agency: County of Oakland - 6th Judicial Circuit Application: Raise the Age - 2022 Version # APP # QtyI Rate UnitsIUOM 2.00001 72143.0001 0.0001 FTE 0.0000 7.650 144286.000 0.0000 24.410 144286.000 0.0000 0.100 144286.000 0.0000 1,080 144286.000 0.0000 1.550 144286.000 0.0000 0220 144286.000 0.0000 14.917 144286.000 0.0000 1.187 144286.000 0.0000 0.173144286.000 1 0.00001 0.0001 0.0001 1 1 0.00001 0.0001 0.0001 Total 144,286.00 11,038.00 35.220.00 144.00 1,558.00 2,236.00 317.00 21,523.00 1,713.00 250.00 73,999.00 34,000.00 30,000.001 8/4/2021 Amount 144,286.00 11,038.00 35,220.00 144.00 1,558.00 2,236.00 317.00 21,523.00 1,713.00 250.00 73,999.00 34,000.00 30,000.00 Page 1 of 4 Line Item 5 Contractual Evaluation Services 6 1Subawards — Subrecipient Services 7 I Equipment 8 IOther Expense Ij Legal Fees llnterpreter 1Transcripts Incentives lDired Client Services Total for 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 Budget Detail for Raise the Age - 2022 Agency: County of Oakland - 6th Judicial Circuit Application: Raise the Age - 2022 QtyI Rate UnitsIUOM 0.00001 0.0001 0.0001 0.0000 0.000 0.000 0.0000 0.000 0.000 0.0000 0.000 0.000 0.0000 0.000 0.000 0.0000 0.000 0.000 8/4/2021 Total Amount 25,000,001 25,000.00 377,000.00 377,000.00 28,000.00 28,000.00 32,000.00 32,000.00 2,715.001 2,715.00 3,000.001 3,000.00 442,715.001 442,715.00 750, 000.001 750, 000.00 750,000.001 750,000.00 0.00 0.00 0,00 0.00 750,000.00 750,000.00 Page: 2 of 4 Budget Summary for Raise the Age - 2022 Agency: County of Oakland - 6th Judicial Circuit Application: Raise the Age - 2022 Category I Total Amount I Narrative DIRECT EXPENSES Program Expenses 1 Salary & Wages 144,286.00 144,286.00 2 Fringe Benefits 73,999.00 73,999.00 3 Travel 34,000.00 34,000.00 4 Supplies & Materials 30,000.00 30,000.00 5 Contractual 25,000.00 25,000.00 6 Subawards— Subrecipient Services 0.00 0.00 7 Equipment 0.00 0.00 8 Other Expense 442,715.00 442,715.00 Total Program Expenses 750,000.00 750,000.00 TOTAL DIRECT EXPENSES 750,000.00 750,000.00 INDIRECT EXPENSES Indirect Costs 1 Indirect Costs 0.00 0,00 2 Cost Allocation Plan 0.00 0.00 Total Indirect Costs 0.00 0.00 TOTAL INDIRECT EXPENSES 0.00 0.00 TOTAL EXPENDITURES 750,000.00 750,000.00 8/4/2021 Page: 3 of 4 Budget Summary for Raise the Age - 2022 Agency: County of Oakland - 6th Judicial Circuit Application: Raise the Age - 2022 Source of Funds Category I Total I Amount I Cash I Inkind Narrative 1 Source of Funds Fees and Collections 0.00 0.00 0.00 0.00 State Agreement 750,000.00 750,000.00 0.00 0.00 Local I 0,00 0.00 0.00 0.00 Federal !+ 0.00 0.00I 0.00 0.00 Other I O.DO O.OD I 0.00 0.00 Total Source of Funds I 750,000.00 750,D0o.00 I 0.00 0.00 Totals I 750,000.00 750,000.00 0.00 0.00 8/4/2021 Page. 4 of 4 Application Index for Raise the Age - 2022 8/4/2021 Agency: County of Oakland - 6th Judicial Circuit Application: Raise the Age - 2022 'Description Status � Facesheet 1. Demographic Information FV 2. Program / Service Information W 3. Certification / Contacts Information Certifications 4. Assurances and Certifications A. SPECIAL CERTIFICATIONS B. State of Michigan Information Technology Information Security Policy r' Narrative 5. Program Synopsis 6. Program Target Area Work Plan 7. Workplan Budget 8. Budget Detail 9. Budget Summary 10, Source of Funds Miscellaneous 11. Supporting documentation, if required t-- Page. 1 of 1