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HomeMy WebLinkAboutReports - 2023.04.20 - 38140 AGENDA ITEM: Acceptance from the Michigan Department of Health and Human Services of the FY 2023 Antiterrorism Emergency Assistance DEPARTMENT: Prosecuting Attorney's Office MEETING: Board of Commissioners DATE: Thursday, April 20, 2023 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-2720 Motion to accept the FY 2023 - Antiterrorism Emergency Assistance Grant from the State of Michigan, Department of Health and Human Services for grant funding in the amount of $87,500 for the period of October 1, 2022 through September 30, 2023 and authorize the Chair of the Board of Commissioners to execute the grant agreement; further amend the FY 2023 budget as detailed in the attached Schedule A. ITEM CATEGORY SPONSORED BY Grant Penny Luebs INTRODUCTION AND BACKGROUND The Oakland County Office of the Prosecuting Attorney has been awarded the FY 2023 - Antiterrorism Emergency Assistance Grant (AEAP) funding in the amount of $87,500 from the State of Michigan, Department of Health and Human Services for the period of October 1, 2022 through September 30, 2023. The acceptance of the AEAP will benefit/impact Oakland County by providing support regarding the school shooting incident in Oxford Township on November 30, 2021, which included 4 deceased students, 7 surviving gunshot victims and approximately 2,000 terrorist victims consisting of the Oxford High School student body and staff. The magnitude and complexity of this case requires a substantial response from Victim Services, which includes ensuring victims are continuously updated on case developments, being provided emotional support throughout the court process, receiving referrals for mental health treatment when requested and receiving assistance seeking financial compensation from the state for reimbursement of medical and mental health bills. This grant award includes funding for partial reimbursement of salaries and fringe benefits for one (1) General Fund General Purpose (GF/GP) Full-time Eligible (FTE) Victim Advocate position (#4010201-15538) and one (1) GF/GP FTE Office Support Clerk Senior position (#4010201-15532). There is no grant match requirement and the grant agreement has completed the Grant Review Process in accordance with the Board of Commissioners Grant Acceptance Procedures. The acceptance of this grant does not obligate the County to any further commitment. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Betsey Hage, Principal Attorney ITEM REVIEW TRACKING Penny Luebs, Board of Commissioners Created - AGENDA DEADLINE: 04/20/2023 6:00 PM ATTACHMENTS 1. FY23 AntiTerrorism Emergency Assistance AEAP Grant Schedule A 2. Grant Acceptance Sign-Off FY23 3. AEAP 2023 Contract 4. AEAP 2023 Contract Attachment E COMMITTEE TRACKING 2023-04-11 Public Health & Safety - Recommend to Board 2023-04-20 Full Board - Approve Motioned by: Commissioner Robert Hoffman Seconded by: Commissioner Michael Gingell Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Marcia Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (16) No: None (0) Abstain: None (0) Absent: Gary McGillivray, Gwen Markham, Angela Powell (3) Passed Oakland County, Michigan PROSECUTOR'S OFFICE - FY 2023 ANTI TERRORISM EMERGENCY ASSISTANCE PROGRAM (AEAP) GRANT ACCEPTANCE Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND) Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2023 Amendment FY 2024 Amendment FY 2025 Amendment R General Fund Grant Prosecuting Litigation FND10101 CCN4010201 RC610313 PRG122090 GRN-1004104 610000 Federal Operating Grant $87,500 $-$- Total Revenues $87,500 $-$- E General Fund Grant Prosecuting Litigation FND10101 CCN4010201 SC702010 PRG122090 GRN-1004104 702000 Salaries Regular $58,500 $-$- E General Fund Grant Prosecuting Litigation FND10101 CCN4010201 SC722740 PRG122090 GRN-1004104 722000 Fringe Benefits 29,000 -- Total Expenditures $87,500 $-$- GRANT REVIEW SIGN-OFF – Prosecuting Attorney GRANT NAME: FY2023 Anti- Terrorism Emergency Assistance FUNDING AGENCY: Michigan Department of Health and Human Services (MDHHS) DEPARTMENT CONTACT PERSON: Mary Larkin/(248) 858-1059 STATUS: Grant Acceptance (Greater than $10,000) DATE: 04/06/2023 Please be advised that the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign- off email and the grant agreement/contract with related documentation) 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 – Sheryl Johnson (03/23/2023) Human Resources: Approved by Human Resources. Partially reimburses two (2) positions one of which has a sunset date of 01/31/25. No HR action needed at this time - Heather Mason (03/20/2023) Risk Management: Approved. Agreement allows the County to self-insure. Please note that any subcontractor used by the County must comply with the insurance requirements contained in the agreement. – Robert Erlenbeck. (03/22/2023) Corporation Counsel: Approved. – Sharon Kessler (04/06/2023) Agreement #: E20235000-00 Grant Agreement Between Michigan Department of Health and Human Services hereinafter referred to as the "Department" and Oakland County of Prosecutors Office 1200 N. Telegraph Pontiac MI 48341 1032 Federal I.D.#: 38-6004876, Unique Entity Identifier: HZ4EUKDD7AB4 hereinafter referred to as the "Grantee" for Antiterrorism Emergency Assistance - 2023 Part 1 1.Period of Agreement: This Agreement will commence on October 1, 2022, and continue through September 30, 2023. No activity will be performed and no costs to the state will be incurred prior to October 1, 2022 . Throughout the Agreement October 1, 2022, will be referred to as the start date. This Agreement is in full force and effect for the period specified. 2.Program Budget and Agreement Amount: A.Agreement Amount The total amount of this Agreement is $87,500.00. Under the terms of this Agreement, the Department will provide funding not to exceed $87,500.00. The source of funding provided by the Department can be obtained in the Schedule of Financial Assistance, available on-demand in the EGrAMS electronic grants management system (http://egrams-mi.com/mdhhs). The Agreement is designated as a: X Subrecipient relationship (federal funding); or Recipient (non-federal funding). The Agreement is designated as: Research and development project; or X Not a research and development project. Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ 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 will vest with the Grantee upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department’s proportionate interest in such equipment supports such retention or transfer of title. C.Deviation Allowance A deviation allowance modifying an established budget category by $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 this program is to assist victims of criminal mass violence and domestic terrorism. 4.Statement of Work: The Grantee agrees to undertake, perform and complete the activities described in Attachment A, which is part of this Agreement. 5.Financial Requirements: The financial requirements must be followed as described in Part 2 and Attachment B, which are part of this Agreement. 6.Performance/Progress Report Requirements: The progress reporting methods must be followed as described in Part 2 and Attachment C, which are part of this Agreement. 7.General Provisions: The Grantee agrees to comply with the General Provisions as described in Part 2, Attachment E, and addendum A, which are part of this Agreement. Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 2 of 33 8.Administration of the Agreement: The person acting for the Department in administering this Agreement (hereinafter referred to as the Contract Manager) is: Twanisha Glass Analyst/Specialist (313) 876-4000 x 313 GlassT3@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: Christie Arnold Accountant ___________________________________________________________________ Name Title arnoldc@oakgov.com (248) 858-2384 ___________________________________________________________________ E-Mail Address Telephone No. Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ 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 Oakland County of Prosecutors Office David Woodward County Commissioner 04/06/2023 ___________________________________________________________________ Name Title Date For the Michigan Department of Health and Human Services Jeanette Hensler 02/01/2023 ___________________________________________________________________ Jeanette Hensler, Grants Division Director Date Bureau of Grants and Purchasing Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 4 of 33 Part 2 General Provisions I.Responsibilities - Grantee The Grantee, in accordance with the general purposes and objectives of this Agreement, must: A.Publication Rights 1.Copyright materials only when the Grantee exclusively develops books, films or other such copyrightable materials through activities supported by this Agreement. The copyrighted materials cannot include recipient information or personal identification data. Grantee provides the Department a royalty-free, non-exclusive and irrevocable license to reproduce, publish and use such materials copyrighted by the Grantee and authorizes others to reproduce and use such materials. 2.Obtain prior written authorization from the Department’s Office of Communications for any materials copyrighted by the Grantee or modifications bearing acknowledgment of the Department's name prior to reproduction and use of such materials. The state of Michigan may modify the material copyrighted by the Grantee and may combine it with other copyrightable intellectual property to form a derivative work. The state of Michigan will own and hold all copyright and other intellectual property rights in any such derivative work, excluding any rights or interest granted in this Agreement to the Grantee. If the Grantee ceases to conduct business for any reason or ceases to support the copyrightable materials developed under this Agreement, the state of Michigan has the right to convert its licenses into transferable licenses to the extent consistent with any applicable obligations the Grantee has. 3.Obtain written authorization, at least 14 days in advance, from the Department’s Office of Communications and give recognition to the Department in any and all publications, papers and presentations arising from the Agreement activities. 4.Notify the Department’s Bureau of Grants and Purchasing 30 days before applying to register a copyright with the U.S. Copyright Office. The Grantee must submit an annual report for all copyrighted materials developed by the Grantee through activities supported by this Agreement and must submit a final invention statement and certification within 60 days of the end of the Agreement period. 5.Not make any media releases related to this Agreement, without prior written authorization from the Department’s Office of Communications. Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 5 of 33 B.Fees 1.Guarantee that any claims made to the Department under this Agreement will not be financed by any sources other than the Department under the terms of this Agreement. If funding is received through any other source, the Grantee agrees to budget the additional source of funds and reflect the source of funding on the Financial Status Report. 2.Make reasonable efforts to collect 1st and 3rd party fees, where applicable, and report those collections on the Financial Status Report. Any under recoveries of otherwise available fees resulting from failure to bill for eligible activities will be excluded from reimbursable expenditures. C.Grant Program Operation Provide the necessary administrative, professional and technical staff for operation of the grant program. The Grantee must obtain and maintain all necessary licenses, permits or other authorizations necessary for the performance of this Agreement. Use an accounting system that can identify and account for the funds received from each separate grant, regardless of funding source, and assure that grant funds are not commingled. D.Reporting Utilize all report forms and reporting formats required by the Department at the start date of this Agreement and provide the Department with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. E.Record Maintenance/Retention Maintain adequate program and fiscal records and files, including source documentation, to support program activities and all expenditures made under the terms of this Agreement, as required. The Grantee must assure that all terms of the Agreement will be appropriately adhered to and that records and detailed documentation for the grant project or grant program identified in this Agreement will be maintained for a period of not less than four years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved. This section applies to the Grantee, any parent, affiliate, or subsidiary organization of the Grantee and any subcontractor that performs activities in connection with this Agreement. F.Authorized Access 1.Permit within 10 calendar days of providing notification and at reasonable times, access by authorized representatives of the Department, Federal Grantor Agency, Inspector Generals, Comptroller General of the United States and State Auditor General, or any of their Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ 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 # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ 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 # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 8 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. Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ 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 must be provided in an accurate and timely manner without interruption, failure or errors due to the inaccuracy of the Grantee’s business operations for processing data. All information systems, electronic or hard copy, that contain state or federal data must be protected from unauthorized access. K.Human Subjects Comply with Federal Policy for the Protection of Human Subjects, 45 CFR 46. The Grantee agrees that prior to the initiation of the research, the Grantee will submit Institutional Review Board (IRB) application material for all research involving human subjects, which is conducted in programs sponsored by the Department or in programs which receive funding from or through the state of Michigan, to the Department’s IRB for review and approval, or the IRB application and approval materials for acceptance of the review of another IRB. All such research must be approved by a federally assured IRB, but the Department’s IRB can only accept the review and approval of another institution’s IRB under a formally approved interdepartmental agreement. The manner of the review will be agreed upon between the Department’s IRB Chairperson and the Grantee’s authorized official. L.Mandatory Disclosures 1.Disclose to the Department in writing within 14 days of receiving notice of any litigation, investigation, arbitration or other proceeding (collectively, “Proceeding”) involving Grantee, a subcontractor or an officer or director of Grantee or subcontractor that arises during the term of this Agreement including: a.All violations of federal and state criminal law involving fraud, bribery, or gratuity violations potentially affecting the Agreement. b.A criminal Proceeding; c.A parole or probation Proceeding; d.A Proceeding under the Sarbanes-Oxley Act; e.A civil Proceeding involving: A claim that might reasonably be expected to1. Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 10 of 33 adversely affect Grantee’s viability or financial stability; or A governmental or public entity’s claim or written allegation of fraud; or 2. Any complaint filed in a legal or administrative proceeding alleging the Grantee or its subcontractors discriminated against its employees, subcontractors, vendors, or suppliers during the term of this Agreement; or 3. f.A Proceeding involving any license that Grantee is required to possess in order to perform under this Agreement. 2.Notify the Department, at least 90 calendar days before the effective date, of a change in Grantee’s ownership or executive management. M.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 costs (including mileage, meals, and lodging) budgeted and incurred related to activities provided under this Agreement. a.If the Grantee has a documented policy related to travel Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 11 of 33 reimbursement for employees and if the Grantee follows that documented policy, the Department will reimburse the Grantee for travel costs at the Grantee’s documented reimbursement rate for employees. Otherwise, the state of Michigan travel reimbursement rate applies. b.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 Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 12 of 33 20 37 12 19. If the Grantee will interact with children, schools, or the cognitively impaired, the Grantee must maintain appropriate insurance coverage related to sexual abuse and molestation liability. b.Workers’ Compensation Insurance or Governmental Self- Insurance: Coverage according to applicable laws governing work activities. Policies must include waiver of subrogation, except where waiver is prohibited by law. c.Employers Liability Insurance or Governmental Self-Insurance. d.Privacy and Security Liability (Cyber Liability) Insurance: cover information security and privacy liability, privacy notification costs, regulatory defense and penalties, and website media content liability. 3.Require that subcontractors maintain the required insurances contained in this Section. 4.This Section is not intended to and is not to be construed in any manner as waiving, restricting or limiting the liability of the Grantee from any obligations under this Agreement. 5.Each Party must promptly notify the other Party of any knowledge regarding an occurrence which the notifying Party reasonably believes may result in a claim against either Party. The Parties must cooperate with each other regarding such claim. R.Fiscal Questionnaire 1.Complete and upload the yearly fiscal questionnaire to the EGrAMS agency profile within three months of the start of the Agreement. 2.The fiscal questionnaire template can be found in EGrAMS documents. S.Criminal Background Check 1.Conduct or cause to be conducted a search that reveals information similar or substantially similar to information found on an Internet Criminal History Access Tool (ICHAT) check and a national and state sex offender registry check for each new employee, employee, subcontractor, subcontractor employee, or volunteer who under this Agreement works directly with clients or has access to client information. a.ICHAT: http://apps.michigan.gov/ichat b.Michigan Public Sex Offender Registry: http://www.mipsor.state.mi.us c.National Sex Offender Registry: http://www.nsopw.gov Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 13 of 33 2 Conduct or cause to be conducted a Central Registry (CR) check for each new employee, employee, subcontractor, subcontractor employee, or volunteer who under this Agreement works directly with children. a.Central Registry: https://www.michigan.gov/mdhhs/0,5885,7- 339-73971_7119_50648_48330-180331--,00.html 3.Require each new employee, employee, subcontractor, subcontractor employee, or volunteer who, under this Agreement, works directly with clients or who has access to client information to notify the Grantee in writing of criminal convictions (felony or misdemeanor), pending felony charges, or placement on the Central Registry as a perpetrator, at hire or within 10 days of the event after hiring. 4.Determine whether to prohibit any employee, subcontractor, subcontractor employee, or volunteer from performing work directly with clients or accessing client information related to clients under this Agreement, based on the results of a positive ICHAT response or reported criminal felony conviction or perpetrator identification. 5.Determine whether to prohibit any employee, subcontractor, subcontractor employee or volunteer from performing work directly with children under this Agreement, based on the results of a positive CR response or reported perpetrator identification. 6.Require any employee, subcontractor, subcontractor employee or volunteer who may have access to any databases of information maintained by the federal government that contain confidential or personal information, including but not limited to federal tax information, to have a fingerprint background check performed by the Michigan State Police. II.Responsibilities - Department The Department in accordance with the general purposes and objectives of this Agreement will: A.Reimbursement Provide reimbursement in accordance with the terms and conditions of this 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: Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 14 of 33 A.Compliance with Applicable Laws The Grantee will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this Agreement. The Grantee will also comply with all applicable general administrative requirements, such as 2 CFR 200, covering cost principles, grant/agreement principles and audits, in carrying out the terms of this Agreement. The Grantee will comply with all applicable requirements in the original grant awarded to the Department if the Grantee is a subgrantee. The Department may determine that the Grantee has not complied with applicable federal or state laws, guidelines, rules and regulations in carrying out the terms of this Agreement and may then terminate this Agreement under Part 2, Section V. B.Anti-Lobbying Act The Grantee will comply with the Anti-Lobbying Act (31 U.S.C. 1352) as revised by the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), Federal Acquisition Regulations 52.203.11 and 52.203.12, and Section 503 of the Departments of Labor, Health & Human Services, and Education, and Related Agencies section of the current fiscal year Omnibus Consolidated Appropriations Act. Further, the Grantee must require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients must certify and disclose accordingly. C.Non-Discrimination 1.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 Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 15 of 33 prohibits discrimination based on race, color or national origin; b.Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 1685-1686), which prohibits discrimination based on sex; c.Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination based on disabilities; d.The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination based on age; e.The Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination based on drug abuse; f.The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination based on alcohol abuse or alcoholism; g.Sections 523 and 527 of the Public Health Service Act of 1944 (42 U.S.C. 290 dd-2), as amended, relating to confidentiality of alcohol and drug abuse patient records; h.Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and, i.The requirements of any other nondiscrimination statute(s) which may apply to the application. 3.Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority- owned and women-owned businesses, and businesses owned by persons with disabilities in contract solicitations. The Grantee must include language in all contracts awarded under this Agreement which (1) prohibits discrimination against minority-owned and women-owned businesses and businesses owned by persons with disabilities in subcontracting; and (2) makes discrimination a material breach of contract. D.Debarment and Suspension The Grantee will comply with federal regulation 2 CFR 180 and certifies to the best of its knowledge and belief that it, its employees and its subcontractors: 1.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2.Have not within a five-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 16 of 33 attempting to obtain, or performing a public (federal, state, or local) or private transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 3.Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2; 4.Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default; and 5.Have not committed an act of so serious or compelling a nature that it affects 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 must not be permitted anywhere in the facility, or those parts of the facility under the control of the Grantee. If activities are delivered in facilities or areas that are not under the control of the Grantee (e.g., a mall, restaurant or private work site), the activities must be smoke-free. Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 17 of 33 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 programs. G.Employee Whistleblower Protections The Grantee will comply with 41 U.S.C. 4712 and must insert this clause in all subcontracts. H.Clean Air Act and Federal Water Pollution Control Act The Grantee will comply with the Clean Air Act (42 U.S.C. 7401-7671(q)) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1388), as amended. This Agreement and anyone working on this Agreement will be subject to the Clean Air Act and Federal Water Pollution Control Act and must comply with all applicable standards, orders or regulations issued pursuant to these Acts. Violations must be reported to the Department. I.Victims of Trafficking and Violence Protection Act The Grantee will comply with the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386), as amended. This Agreement and anyone working on this Agreement will be subject to P.L. 106-386 and must comply with all applicable standards, orders or regulations issued pursuant to this Act. Violations must be reported to the Department. J.Procurement of Recovered Materials The Grantee will comply with section 6002 of the Solid Waste Disposal Act of 1965 (P.L. 89-272), as amended. This Agreement and anyone working on this Agreement will be subject to section 6002 of P.L. 89-272, as amended, and must comply with all applicable standards, orders or regulations issued pursuant to this Act. Violations must be reported to the Department. K.Subcontracts For any subcontracted activity or product, the Grantee will ensure: 1.That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity or delivery of any subcontracted product. Exceptions to this policy may be granted by the Department if the Grantee asks the Department in writing within 30 days of execution of the Agreement. 2.That any executed subcontract to this Agreement must require the subcontractor to comply with all applicable terms and conditions of this Agreement. In the event of a conflict between this Agreement and the provisions of the subcontract, the provisions of this Agreement will Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 18 of 33 prevail. A conflict between this Agreement and a subcontract, however, will not be deemed to exist where the subcontract: a.Contains additional non-conflicting provisions not set forth in this Agreement; b.Restates provisions of this Agreement to afford the Grantee the same or substantially the same rights and privileges as the Department; or c.Requires the subcontractor to perform duties and/or activities in less time than that afforded the Grantee in this Agreement. 3.That the subcontract does not affect the Grantee’s accountability to the Department for the subcontracted activity. 4.That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and activities. 5.That the Grantee will submit a copy of the executed subcontract if requested by the Department. L.Procurement 1.Grantee will ensure that all purchase transactions, whether negotiated or advertised, are conducted openly and competitively in accordance with the principles and requirements of 2 CFR 200. 2.Funding from this Agreement must not be used for the purchase of foreign goods or services. 3.Preference must be given to goods and services manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. 4.Preference must be given to goods and services that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. 5.Records must be sufficient to document the significant history of all purchases and must be maintained for a minimum of four years after the end of the Agreement period. M.Health Insurance Portability and Accountability Act To the extent that the Health Insurance Portability and Accountability Act (HIPAA) is applicable to the Grantee under this Agreement, the Grantee assures that it is in compliance with requirements of HIPAA including the following: 1.The Grantee must not share any protected health information provided by the Department that is covered by HIPAA except as permitted or required by applicable law, or to a subcontractor as appropriate under Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 19 of 33 this Agreement. 2.The Grantee will ensure that any subcontractor will have the same obligations as the Grantee not to share any protected health data and information from the Department that falls under HIPAA requirements in the terms and conditions of the subcontract. 3.The Grantee must only use the protected health data and information for the purposes of this Agreement. 4.The Grantee must have written policies and procedures addressing the use of protected health data and information that falls under the HIPAA requirements. The policies and procedures must meet all applicable federal and state requirements including the HIPAA regulations. These policies and procedures must include restricting access to the protected health data and information by the Grantee’s employees. 5.The Grantee must have a policy and procedure to immediately report to the Department any suspected or confirmed unauthorized use or disclosure of protected health information that falls under the HIPAA requirements of which the Grantee becomes aware. The Grantee will work with the Department to mitigate the breach and will provide assurances to the Department of corrective actions to prevent further unauthorized uses or disclosures. The Department may demand specific corrective actions and assurances and the Grantee must provide the same to the Department. 6.Failure to comply with any of these contractual requirements may result in the termination of this Agreement in accordance with Part 2, Section V. 7.In accordance with HIPAA requirements, the Grantee is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information, including without limitation the Department’s costs in responding to a breach, received by the Grantee from the Department or any other source. 8.The Grantee will enter into a business associate agreement should the Department determine such an agreement is required under HIPAA. N.Website Incorporation The Department is not bound by any content on Grantee’s website or other internet communication platforms or technologies, unless expressly incorporated directly into this Agreement. The Department is not bound by any end user license agreement or terms of use unless specifically incorporated in this Agreement or any other agreement signed by the Department. The Grantee must not refer to the Department on the Grantee’s website or other internet communication platforms or technologies without the prior written approval of the Department. O.Survival Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 20 of 33 The provisions of this Agreement that impose continuing obligations will survive the expiration or termination of this Agreement. P.Non-Disclosure of Confidential Information 1.The Grantee agrees that it will use confidential information solely for the purpose of this Agreement. The Grantee agrees to hold all confidential information in strict confidence and not to copy, reproduce, sell, transfer or otherwise dispose of, give or disclose such confidential information to third parties other than employees, agents, or 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); 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). Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 21 of 33 4.The Grantee must notify the Department within one business day after discovering any unauthorized use or disclosure of confidential information. The Grantee will cooperate with the Department in every way possible to regain possession of the confidential information and prevent further unauthorized use or disclosure. Q.Cap on Salaries None of the funds awarded to the Grantee through this Agreement will be used to pay, either through a grant or other external mechanism, the salary of an individual at a rate in excess of Executive Level II. The current rates of pay for the Executive Schedule are located on the United States Office of Personnel Management web site, http://www.opm.gov, by navigating to Policy — Pay & Leave — Salaries & Wages. The salary rate limitation does not restrict the salary that a Grantee may pay an individual under its employment; rather, it merely limits the portion of that salary that may be paid with funds from this Agreement. IV.Financial Requirements A.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. The advance must not exceed 16.67 percent 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 Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 22 of 33 Department will comply with the Michigan Department of Treasury’s Due Process procedures prior to forwarding claims to Treasury. Specific Due Process procedures include the following: a.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 must electronically prepare and submit FSRs to the Department via the EGrAMS website http://egrams-mi.com/mdhhs. FSRs must be submitted on a monthly basis, no later than 30 days after the close of each calendar month. The monthly FSRs must reflect total actual program expenditures, up to the total agreement amount. Failure to meet financial reporting responsibilities as identified in this Agreement may result in withholding future payments. The Grantee representative who submits the FSR is certifying to the best of their knowledge and belief that the report is true, complete and accurate and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of this Agreement. The Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 23 of 33 individual submitting the FSR should be aware that any false, fictitious or fraudulent information, or the omission of any material facts, may subject them to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. The instructions for completing the FSR form are available on the EGrAMS website http://egrams-mi.com/mdhhs. Send FSR questions to FSRMDHHS@michigan.gov. D.Reimbursement Mechanism All Grantees must register using the on-line vendor self-service site to receive all state of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits, as mandated by MCL 18.1283a. Vendor registration information is available through the Department of Technology, Management and Budget’s web site: https://www.michigan.gov/sigmavss. E.Final Obligations and Financial Status Reporting Requirements 1.Obligation Report The Obligation Report, based on annual guidelines, must be submitted by the due date established by and using the format provided by the Department’s Expenditures Operations Division. The Grantee must provide an estimate of unbilled expenditures for the entire Agreement period. The information on the report will be used to record the Department’s year-end accounts payable and receivable for this Agreement. 2.Department-wide Payment Suspension A temporary payment suspension is in effect on agreements during the Department’s year-end closing period. The Department will notify the Grantee of the date by which FSRs should be submitted to ensure payment prior to the payment suspension period. 3.Final FSRs Final FSRs are due 30 days following the end of the Agreement period. The final FSR must be clearly marked “Final." Final FSRs not received by the due date may result in the loss of funding requested on the Obligation Report and may result in a potential reduction in a subsequent year's Agreement amount. F.Unobligated Funds Any unobligated balance of funds held by the Grantee at the end of the Agreement period will be returned to the Department within 30 days of the end of the Agreement or treated in accordance with instructions provided by the Department. G.Indirect Costs The Grantee may use an approved federal or state indirect rate in their budget Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 24 of 33 calculations and financial status reporting. If the Grantee does not have an existing approved federal or state indirect rate, they may use a 10% de minimis rate in accordance with 2 CFR 200 to recover their indirect costs. Governmental Grantees with an existing cost allocation plan may budget accordingly in lieu of an indirect cost rate. Non-governmental Grantees may use a cost allocation plan only if the plan was in place prior to December 26, 2014. V.Agreement Termination This Agreement may be terminated without further liability or penalty to the Department for any of the following reasons: A.By either party by giving 30 days written notice to the other party stating the reasons for termination and the effective date. B.By either party with 30 days written notice upon the failure of either party to carry out the terms and conditions of this Agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the 30-day period. C.Immediately if the Grantee or an official of the Grantee or an owner is convicted of 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 must provide the Department with all financial, performance and other reports required as a condition of this Agreement. The Department will make payments to the Grantee for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Grantee must immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Grantee in excess of allowable reimbursable expenditures. VIII.Severability If any part of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, that part will be deemed deleted from this Agreement and the severed part will be replaced by agreed upon language that achieves the same or similar objectives. The remaining parts of the Agreement will continue in full force and effect. IX.Waiver Failure by the Department to enforce any provision of this Agreement will not constitute a waiver of the Department’s right to enforce any other provision of this Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 25 of 33 Agreement. X.Amendments Any changes to this Agreement will be valid only if made in writing and executed by all parties through an amendment to this Agreement. Any change proposed by the Grantee which would affect the Department funding of any project must be submitted in writing to the Department immediately upon determining the need for such change. The Department has sole discretion to approve or deny the amendment request. The Grantee must, upon request of the Department and receipt of a proposed amendment, amend this Agreement. XI.Liability The Grantee assumes all liability to third parties, loss, or damage because of claims, demands, costs, or judgments arising out of activities, such as but not limited to direct activity delivery, to be carried out by the Grantee in the performance of this Agreement, under the following conditions: A.The liability, loss, or damage is caused by, or arises out of, the actions of or failure to act on the part of the Grantee, any of its subcontractors, or anyone directly or indirectly employed by the Grantee. B.Nothing herein will be construed as a waiver of any governmental immunity that has been provided to the Grantee or its employees by statute or court decisions. The Department is not liable for consequential, incidental, indirect or special damages, regardless of the nature of the action. XII.State of Michigan Agreement This Agreement is governed, construed, and enforced in accordance with Michigan law, excluding choice-of-law principles, and all claims relating to or arising out of this Agreement are governed by Michigan law, excluding choice-of-law principles. Any dispute arising from this Agreement must be resolved in the Michigan Court of Claims. Complaints against the State must be initiated in Ingham County, Michigan. Grantee waives any objections, such as lack of personal jurisdiction or forum non conveniens. Grantee must appoint an agent in Michigan to receive service of process. Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 26 of 33 3 Addendum A - Oakland County Addendum This addendum modifies the following sections of Part 2, General Provisions: I.Responsibilities - Grantees J.Software Compliance This section will be deleted in its entirety and replaced with the following language: The Michigan Department of Health and Human Services and the County of Oakland will work together to identify and overcome potential data incompatibility problems. III.Assurances A.Compliance with Applicable Laws. This first sentence of this paragraph will be stricken in its entirety and replaced with the following language: The Grantee will comply with applicable Federal and State laws, and lawfully enacted administrative rules or regulations, in carrying out the terms of this agreement. M.Health Insurance Portability and Accountability Act. The provisions in this section shall be deleted in their entirety and replaced with the following language: Grantee agrees that it will comply with the Health Insurance Portability and Accountability Act of 1996, and the lawfully enacted and applicable Regulations promulgated thereunder. XI.Liability The first paragraph, including subsections A. and B. shall be deleted and replaced with the following language: Except as otherwise provided by law neither Party shall be obligated to the other, or indemnify the other for any third-party claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of either party under this Contract, nothing herein shall be construed as a waiver of any governmental immunity for either party or its agencies, or officers and employees as provided by statute or modified by court decisions. Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 27 of 33 A Attachment A - Statement of Work Objective :To increase justice for crime victims. Activity :Victim Advocates provide notification and explanations to victims of court hearings and case developments. Advocates provide support and explanations of court procedures to victims attending in-person hearings as well as by phone and email. Advocates assist victims apply for financial reimbursement for medical and/or mental health expenses. Advocates serves as a liaison between victims and prosecution trial team members, conveying victims' concerns and questions. Advocates provide referrals for support services. Advocates explain the trial process to victims. After convictions, Advocates explain sentencing procedures to victims, including providing a victim impact statement. Responsible Staff :Victim Advocates and support staff Date Range :10/01/2022 - 09/30/2023 Expected Outcome :75% or more of individuals going through the court process and who receive AEAP-funded services will report that they understand their role in the court procedure. 75% or more of the victims' families who receive AEAP-funded services and who complete a survey/provide feedback will report that they have access to accurate information about support services available in the community that they might need. Measurement :Written surveys will be utilized to measure Expected Outcomes. Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 28 of 33 B1 Attachment B1 - Program Budget Summary PROGRAM Antiterrorism Emergency Assistance - 2023 DATE PREPARED 4/7/2023 CONTRACTOR NAME Oakland County of Prosecutors Office BUDGET PERIOD From : 10/1/2022 To : 9/30/2023 MAILING ADDRESS (Number and Street) 1200 N. Telegraph BUDGET AGREEMENT Original Amendment AMENDMENT # 0 CITY Pontiac STATE MI ZIP CODE 48341-1032 FEDERAL ID NUMBER 38-6004876 Category Total Amount DIRECT EXPENSES Program Expenses 1 Salary & Wages 57,408.00 57,408.00 2 Fringe Benefits 30,092.00 30,092.00 3 Employee Travel and Training 0.00 0.00 4 Supplies & Materials 0.00 0.00 5 Subawards – Subrecipient Services 0.00 0.00 6 Contractual - Professional Services 0.00 0.00 7 Communications 0.00 0.00 8 Grantee Rent Costs 0.00 0.00 9 Space Costs 0.00 0.00 10 Capital Expenditures - Equipment & Other 0.00 0.00 11 Client Assistance - Rent 0.00 0.00 12 Client Assistance - All Other 0.00 0.00 13 Other Expense 0.00 0.00 Total Program Expenses 87,500.00 87,500.00 TOTAL DIRECT EXPENSES 87,500.00 87,500.00 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 87,500.00 87,500.00 SOURCE OF FUNDS Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 29 of 33 Category Total Amount Cash Inkind 1 Source of Funds MDHHS State Agreement 87,500.00 87,500.00 0.00 0.00 Fees and Collections - 1st and 2nd Party 0.00 0.00 0.00 0.00 Fees and Collections - 3rd Party 0.00 0.00 0.00 0.00 Local 0.00 0.00 0.00 0.00 Non-MDHHS State Agreements 0.00 0.00 0.00 0.00 Federal 0.00 0.00 0.00 0.00 Other 0.00 0.00 0.00 0.00 In-Kind 0.00 0.00 0.00 0.00 Federal Cost Based Reimbursement 0.00 0.00 0.00 0.00 Total Source of Funds 87,500.00 87,500.00 0.00 0.00 Totals 87,500.00 87,500.00 0.00 0.00 Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 30 of 33 B2 Attachment B2 - Program Budget - Cost Detail Schedule Line Item Qty Rate Units UOM Total DIRECT EXPENSES Program Expenses 1 Salary & Wages Social Worker Notes : Prosecutor's Office Victim Advocate 2080.0000 27.600 0.000 HRS 57,408.00 2 Fringe Benefits Composite Rate-Composite Fringe Benefit Rate Notes : Composite Rate: Retirement 24.25% Medical 21.93% FICA 6.23% 0.0000 52.417 57408.000 30,092.00 3 Employee Travel and Training 4 Supplies & Materials 5 Subawards – Subrecipient Services 6 Contractual - Professional Services 7 Communications 8 Grantee Rent Costs 9 Space Costs 10 Capital Expenditures - Equipment & Other 11 Client Assistance - Rent 12 Client Assistance - All Other 13 Other Expense Total Program Expenses 87,500.00 TOTAL DIRECT EXPENSES 87,500.00 INDIRECT EXPENSES Indirect Costs 1 Indirect Costs 2 Cost Allocation Plan Total Indirect Costs 0.00 TOTAL INDIRECT EXPENSES 0.00 Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 31 of 33 Line Item Qty Rate Units UOM Total TOTAL EXPENDITURES 87,500.00 Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ 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 E Attachment E - Program Requirements Attachment E - Program Specific Requirements Contract # E20235000-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2023, Date: 02/01/2023 __________________________________________________________________________ Page: 33 of 33 1 ATTACHMENT E PROGRAM SPECIFIC REQUIREMENTS Department of Health and Human Service Division of Victim Services Antiterrorism Emergency Assistance Grant Program (AEAP) FY 2023 PROGRAM NAME: Antiterrorism Emergency Assistance Program (AEAP) LEGAL AUTHORITY 42 U.S.C. 10601(d)(5), 42 U.S.C. 10603b(b), 42 U.S.C. 10603b(a). FEDERAL ASSISTANCE#: 16.321 OVERVIEW: Purpose: The focus of the program is to provide victim assistance to the Oxford High School Shooting on 11/30/2021. AEAP Definition of victim for purposes of this grant: Under AEAP grants, OVC defines direct victims of specific acts of criminal mass violence or terrorism to be individuals who were killed or injured, witnesses or individuals who were in direct proximity to the crime which occurred on 11/30/2021. Those eligible for services are Oxford High School Students and staff, and first responders who responded to the incident. Indirect victims are fam ily (or those bound by a familial-type relationship) of direct victims and law enforcement personnel, first responders, and/or others who interacted in a meaningful way with the direct victims. 2 PROGRAM DESCRIPTION: The purpose of Antiterrorism Emergency Assistance Program (AEAP) program is to provide supplemental funding to eligible entities aiding victims of specific acts of criminal mass violence or terrorism. Violent crime can take a physical, psychological, emotional, and financial toll on victims and first responders, which requires effective and appropriate evidence-based responses. Funded activities may include emergency relief, including crisis response efforts, assistance, training and technical assistance, and ongoing assistance, including during any investigation or prosecution to victims of terrorist acts or mass violence occurring within the United States. AEAP funding is intended to respond to specific cases of terrorism and mass violence. OVC and MDHHS-DVS work collaboratively on a needs assessment, required as part of federal funding, which determines the scope of services and funds necessary to respond to this incident. The Division This is a directed solicitation and is not a competitive solicitation. Only after OVC has identified eligible organization(s) can an application be submitted. of Victim Services contact potential applicants directly. AEAP grant objectives for this funding include: Crisis Response to help victims build adaptive capacities, decrease stressors, and reduce symptoms of trauma immediately following an incident. Consequence management is to help victims recover and regain their ability to function. Criminal Justice Support facilitates victim participation in investigations or prosecutions directly related to the incident. 3 SECTION I NOTE: *Please reference the MDHHS-DVS Grantee Guidelines for additional information. A. Expectation of Inclusion The Grantee understands, acknowledges, and respects the uniqueness of individuals and families served. Services and supports offered shall respect the differing realities, values, and beliefs of victims/survivors with a consistent promotion of non -violent inclusionary practices. The Grantee shall utilize intervention strategies and supports that will honor and respect the individual cultures, needs, and identities of victims/survivors and their loved ones (including linguistic, geographic, religious, economic, ethnic, racial, developmental, disability, sexual orientation, and gender identity) in a safe, inclusive, and welcoming environment. B. Client Records – For each eligible client served under this Agreement, the Grantee shall maintain client case records including significant contacts with the victim/survivor and significant events including at a minimum: * 1. Documentation of services eligibility and denial of services. 2. Reason victim/survivor is seeking assistance. 3. Demographic information when available (e.g., age, gender, etc.) 4. Date/times of contacts and services provided. 5. Units/length of service provided. 6. Options presented/services explained, information/referrals provided, and safety planning. 7. Method of service delivery (e.g., in person, phone, videoconference, virtual and website). 8. Other material related to this Agreement as may be specified by Michigan Department of Health and Human Services (MDHHS)-DVS. C. Credentials The Grantee shall assure that appropriately credentialed or trained staff/volunteers under its control, including Grantee employees, volunteers and/or subgrantees, shall perform functions under this Agreement. The Grantee shall assure that staff, including those who are credentialed and/or licensed, performing functions under this Agreement be specifically trained to provide services to the target population. Training should include at a minimum: 4 1. The Grantee shall follow acceptable practices for, and document, the orientation, development and basic introductory training of staff and volunteers. Training content must be compatible with the Division of Victim Services (DVS) philosophy and be provided to those individuals providing services under this Agreement. The MDHHS-DVS philosophy can be found in the MDHHS-DVS Grantee Guidelines. 2. New staff must be fully trained before providing services. 3. All MDHHS-DVS-funded grant administrators and/or identified Civil Rights Officer must complete the required training on federal civil rights laws and non - discrimination provisions of DOJ implementing regulations once per grant period. 4. Grantee shall provide, and document, in-service training opportunities for staff on an on-going basis (including clinical supervision and peer review, if appropriate). 5. The Grantee shall ensure that all staff providing services under this Agreement be specifically trained to serve victims of Mass Violence and Terrorism served under this Agreement as defined in Attachment E. See Grantee Guidelines for training requirements. 6. The following trainings are mandatory for all MDHHS-DVS‐funded employees and contractors: a. Confidentiality webinar series, provided by Michigan Victim Advocacy Network (MiVAN). b. Crime Victims Compensation webinars, provided by MiVAN. c. Any other trainings required according to MDHHS-DVS Grantee Guidelines. d. Any other grant‐specific training recommended by the OVC, OVC Training and Technical Assistance Team and the National Mass Violence Victimization Resource Center. D. Program Administration and Service Delivery The Grantee shall provide programming designed to comply with the following expectations. 1. All services provided in this contract shall be: a) Provided free of charge. b) Voluntary. Participation in services cannot be required or conditional for future/other services c) Client-centered, non-judgmental, culturally responsive, inclusive. d) Empowering to individuals served. e) And compatible with the MDHHS-DVS Guiding Statement 5 2. MDHHS-DVS grantees must adhere to the MDHHS-DVS Grantee Guidelines. 3. The Grantee shall notify the MDHHS-DVS, in writing, of organizational changes. * 4. MDHHS-DVS-funded organizations, with the exception of Federally recognized Tribes, must report any conflicts or potential conflicts of interest to MDHHS-DVS. * 5. The Grantee shall provide administrative oversight according to the following guidelines: a) Assume full responsibility for the day-to-day management of the organization. b) The administration of staff and volunteers is conducted in accordance with applicable professional, ethical, and legal principles. c) Funding expended as a part of this grant must be accounted for and tracked separately from other funding used to support the Grantee and Grantee activities. * 6. Annual health and safety inspections are required at every location in which MDHHS-DVS-funded client services are physically being provided. Public/Governmental buildings where shelter/residential services are not provided do not need a separate inspection Grantees must maintain a record of inspections for locations where an inspection is required. * 7. Service(s) may be subcontracted, with approval, if the Grantee can demonstrate that this would lead to a more effective method of service delivery for clients. 8. The Grantee shall ensure that policies/procedures are in place as outlined in the FY 2022 and 2023 MDHHS-DVS Grantee Guidelines. Annual certification is required. * 9. Fiscal Accountability* a) Program income may not be generated as a direct result of service provided in this Agreement. b) Grantee may not require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts or purports to prohibit or restrict the reporting in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. c) It is the Grantee’s responsibility to ensure budgeted expenses comply with Federal regulations, the terms of the agreement, and other policy impacting the allowability of expenses, and have documented prior approval, as needed, when the budget is submitted for review. 6 d) Grant funds may be used only for the purpose in the Grantee’s approve application. The Grantee shall not undertake any work or activities that are not described in the grant application and that use staff, equipment, or other goods or services paid for with grant funds without prior written approval from MDHHS. e) Grantee shall comply with the following regarding agreement and/or budget modifications. 1) Changes made to the scope of the approved project, without prior written approval from MDHHS, will not be funded as part of the project. 2) A deviation allowance modifying an established budget category between $1,501 -$9,999 or 5%, whichever is greater, is allowable only with written approval of the MDHHS-DVS. 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) Deviation Allowance as defined in the DHHS grant agreement as defined In Part 1.2.C. Deviation Allowance, any modification, or deviations in excess of $10,000 or 15%, whichever is greater, including any adjustment to the total amount of this agreement, must be made in writing, and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories, subcontracts, equipment items or positions not shown in the attached Program Budget Summary and supporting detail schedules. f) Grantee’s accounting system must maintain a clear audit trail for each source of funding for each fiscal budget period and include the following: 1) Separate accountability of receipts, expenditures, disbursements, and balances. MDHHS recommends creating an account in the accounting system for each grant using the grant number provided by MDHHS. 2) Itemized records supporting all grant receipts, expenditures in sufficient detail to show exact nature of activity. 3) Data and information for each expenditure with proper reference to a supporting voucher or bill properly approved. 4) After the fact timesheets describing work activity, signed by the employee and supervisor, to document time personnel worked on grant related activities per 2 C.F.R. § 200.430. Examples of items that may support salaries and wages can include timesheets, time and effort reports, or activity reports that have been certified by the employee and approved by a supervisor with firsthand knowledge of the work performed. Payroll records should also reflect either after the fact distribution of actual activities or certifications of employee’s actual work performed. * 7 5) Maintenance of payroll authorizations and vouchers. 6) Maintenance of records supporting charges for fringe benefits. 7) Maintenance of inventory records for equipment purchased, rented, and donated. 8) Maintenance of billing records for consumable supplies (i.e., paper, printing) purchased. 9) Provisions for payment by check. 10) Maintenance of travel records (i.e., mileage logs, gas receipts). 11) Lease agreements, contracted services, and equipment purchases that adhere to established procurement processes. 12) Cash from grant funds may not be given directly to service participants. 13) The Grantee shall not exceed a consultant rate of $650 per day or $81.25 per hour. g) Misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under this award, and civil and/or criminal penalties. Although a Grantee’s budget is approved reported expenses are subject to audit and must comply with Federal regulations, the terms of the agreement, and other policy impacting the allowability of expenses. Certain expenses may require prior approval, which should be in writing from MDHHS. h) It is the Grantee’s responsibility to ensure budgeted expenses comply with Federal regulations, the terms of the agreement, and other policy impacting the allowability of expenses, and have documented prior approval, as needed, when the budget is submitted for review. i) The Grantee shall not purchase promotional items for distribution or fundraising using contract funds. * E. Criminal Background Check Written Policy The Grantee must have a written policy describing the criteria on which its determinations to hire shall be made in the event of positive background check findings and must document the basis for each determination. 8 F. Inclusivity of Services This Agreement is subject to the following terms and conditions: 1. The Grantee may not exclude, deny benefits to, or discriminate against any person on the basis of actual or perceived race, color, religion, national origin, sex, disability, sexual orientation or gender identity in any program or activity funded in whole or in part with funds made available under this grant. 2. The Grantee will take reasonable steps to provide services and information in appropriate languages, other than English, to ensure that persons with limited English proficiency are effectively informed and can effectively participate in and benefit from its programs, services, and activities. 3. Program facilities must allow for full participation of clients with a variety of special needs. 4. The organization recruits a diverse staff that is reflective of the community, clients served, and geographic area in which the organization is located. G. Audit Requirements The following provision is added to Part 2, General Provisions, I. Responsibilities – Grantee, Section G, Audits. Financial Review Grantees with annual agency/organization budget of $300,000 in the fiscal year or less must submit to the Department of Health and Human Services a Financial Review prepared in accordance with Statement on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Financial Audit and Agreed Upon Procedures Grantees with an annual agency/organization budget of more than $300,000 in the fiscal, regardless of funding source, but that do not meet the threshold for a single audit, must submit to MDHHS a Financial Audit prepared in accordance with Generally Accepted Auditing Standards. In addition, the auditor will perform agreed upon procedures related to the audit report. The auditor will select a sample of expenditures from the Salary, Supply and Miscellaneous line items, and any other major costs charged to the MDHHS-DVS-funded grant(s). 9 Auditors shall test the allowability of these selected costs in accordance with the criteria stated in the MDHHS-DVS contract and approved budget to determine if charges were allowable to the MDHHS-DVS-funded program. The agreed upon procedures report will disclose the total amount of costs tested and itemize all costs by grant type charged to the MDHHS-DVS-funded grants that do not meet the definition of allowable costs. Both the type of cost and the amount of cost must be reported. The agreed upon procedures will accompany the audit report with the same agreed upon due dates. Financial Review and/or Financial Audit materials must be submitted annually within 180 days after the end of the Grantees’ fiscal year. Agency responsibility for Review, Audit and Agreed Upon Procedures When submitting a Financial Review, or Financial Audit and Agreed Upon Procedures, Grantees must also submit a corrective action plan for any review or audit findings that may negatively impact MDHHS-funded programs including, but not limited to, fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. H. Client Confidentiality The Grantee shall maintain client confidentiality consistent with 28 CFR § 95.115 (VOCA) at all times by restricting the use or disclosure of information concerning service and/or service participants, informing victims/survivors of any requests for information, and before releasing any information requiring a signed, voluntary, time-limited, written client consent that includes a statement informing individuals that opting not to sign the release does not prohibit or restrict their access to services. Confidentiality Provision refers to 28 CFR § 95.115 (VOCA) Law enforcement and prosecution grantees must adopt policies and practices that protect victim privacy to the extent allowable. However, the confidentiality provisions found in 28 CFR § 95.115 (VOCA) do not apply to grantees engaged in prosecution or investigative activities or traditional victim witness assistance at police departments and prosecutor’s offices. I. Assisting victims with applying for compensation benefits MDHHS-DVS grantees must help potential recipients of crime victim compensation benefits (including potential recipients who are victims of federal crime) in applying for such benefits. * Information can be found at www.michigan.gov/crimevictim 10 J. General Terms and Conditions Grantees must comply with the applicable federal Special Conditions. The special conditions reference the grantee or any subrecipient. Subrecipients include any organization for which the grantee has sub awarded or subcontracted funding for program implementation. Special Conditions a. The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the Grantee that relate to conduct during the period of performance also is a material requirement of this award. b. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the withholding of award funds, disallowed costs, or suspension or termination of the award. OJP also may take other legal action as appropriate. c. By acceptance of this award grantees agree to follow the applicable set(s) of terms and conditions that are referenced in Attachment E. 11 SECTION II A. Performance Management Service Definition: The systematic use of strategic planning, goals, performance indicators, evaluation, analysis, and data driven reviews, evaluations, and reporting to improve the results of programs and the effectiveness and efficiency of agency operations. The Grantee: 1. Will develop service plan for victims of Mass Violence and Terrorism based upon the OVC AEAP needs assessment. 2. Will collaborate with Office for Victims of Crime and their identified technical assistance providers, and the Michigan Division of Victim Services so that services needed by victims are offered through grant funded staff or through collaborative partnerships funded under this Agreement. 3. Will collect service statistics data including the victims served and services provided. 4. Will report AEAP Performance Measures only. Do not report activities related to the VOCA Formula grant funded services. 5. Will assess individual eligibility, needs, gaps in services, identify longer-term and unmet needs. 6. Will collect and report data on coordination efforts, intra-agency and interagency protocols, outreach efforts, new services and programs established, and other large-scale activities. 7. Will complete semiannual progress reports, which have two components: AEAP Performance Measure Fillable PDF (performance measure questionnaire) for fourth quarters and the semi-annual narrative questions*. a. AEAP Performance Measure Fillable PDF: This document contains performance measure questions for AEAP and ONLY AEAP measures. Completed quarterly. b. AEAP Semiannual Narrative Instructions: This document guide Grantees (and any subrecipient at any tier) of AEAP funds on how to complete required semiannual narrative questions. 8. Will receive and engage in any training and technical assistance activities recommended by the Office for Victims of Crime, OVC Training and Technical Assistance Center, National Mass Violence Victimization Resource Center, or Michigan Division of Victim Services. 9. Will develop a plan for addressing longer-term and unmet needs. 10. Will report findings of evaluations or assessments aimed at gauging program effectiveness. 12 11. Will report financial and programmatic data. 12. Will promote responsible stewardship of the AEAP grant funds received. 13. Will submit a Final Report – “After-Action Report” that is specific to the overall effectiveness of victim assistance professionals’ response and identify gaps and strengths to inform and improve future responses to Mass Violence and Terrorism incidents. j B. *Visit the AEAP section of OVC’s website for more information about this program. Further details about Performance Measures can be found at Office for Victims of Crime Performance Measure Dictionary and Terminology Resource (ojp.gov) C. AEAP GRANT ACTIVITIES SERVICE DEFINITIONS (if these activities are included in the AEAP Grant Budget) Information and Referral Information and referrals are confidential and victim-centered services focused on equipping service participants, their family members, witnesses, first responders with information about the resources that could be helpful for their healing and safety, as well as the systems they will come into contact with as a result of the trauma. Personal Advocacy and Accompaniment Personal advocacy/accompaniment is confidential, culturally honoring, victim -centered support provided through physical presence at appointments and/or additional assistance in accessing any needed services (beyond making a referral) and removing barriers to receiving those services. The goal of personal advocacy/accompaniment is to ensure service participants have adequate support and access to services to facilitate healing. Emotional Support and Safety Services Emotional support and safety services are confidential, culturally honoring, victim centered, trauma-informed services with the primary purpose of providing emotional and practical support to address the effects of trauma and promote healing and safety for the victim/survivor. Emotional support services do not rise to the level of professional counseling/therapy. These services refer to non-clinical personal support provided outside of a therapeutic relationship. 13 Individual Counseling/Therapy/Mental Health Services Providing psychological, psychiatric, and/or other counseling-related treatment for individuals, couples, and family members. This service must be provided by a person who meets professional standards to provide these services in the jurisdiction in which the care is administered. Services may include assessment and treatment. Only OVC approved Evidence-Based Treatments and Evidence-Based Practices for Individual Counseling/Therapy/Mental Health Services may be provided under this Agreement. Shelter/Housing Services Below is the OVC Service Definition for Shelter/Housing Services. Based upon the AEAP needs assessment it is not likely that these services will be needed. If in the course of responding to victim needs a victim identifies this need contact DVS for guidance. Emergency Shelter or Safe House: Providing emergency short-term shelter to individuals and families following victimization. Transitional Housing: Providing temporary housing for victims who, due to the nature of the victimization, cannot safely return to their former housing and need more time to stabilize themselves before living independently. Note: Referrals to transitional housing should be counted under Information and Referral Services (section A). Relocation Assistance (includes assistance with obtaining housing): Coordinating assistance with initial rental expenses, utility deposits, security deposits, and/or moving fees. This includes assistance locating long-term housing for the victim, regardless of distance, based on safety needs. Criminal/Civil Justice System Assistance Criminal/civil justice system assistance is confidential, culturally honoring, victim- centered, trauma-informed support surrounding the service participant’s involvement in the criminal/civil justice systems. The goal of criminal/civil justice system assistance is to assist victim/survivor in gaining knowledge of the criminal/civil justice systems and access to all avenues of participation in those systems, and to ensure their interests are represented and their rights upheld, and to promote the responsiveness of individual legal system participants. 14 Outreach and Public Awareness Outreach and Public Awareness involves informing the victims and the general public of services available to victims of Mass Violence or Terrorism. The goal is to increase awareness of and knowledge about mass violence victimization as well as service participants knowledge about how to access to services. Coordinated Community Response Coordinated Community Response involves the development of both formal and informal working relationships and agreements with the identified agencies and programs that are responsible for service delivery in order to provide more effective, victim centered, trauma-informed services to service participants and their family members. This coordination includes recognizing and addressing the needs of under- represented and/or culturally marginalized groups. 15 SECTION III This award is offered subject to the conditions or limitations set forth in the Agreement Award Information, Project Information, Financial Information, and Award Conditions. 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the Grantee (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report, unless a different retention period applies -- and to which the Grantee (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the Grantee is to contact MDHHS-DVS promptly for clarification. 2. Requirement to report actual or imminent breach of personally identifiable information (PII) The Grantee (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of grant-funded program or activity. The Grantee's breach procedures must include a requirement to notify the MDHHS Division of Victim Services to report actual or imminent breach of PII by sending an email to MDHHS-DVS-databreach@michigan.gov within 24 hours after discovery of the breach or discovery of conditions that will likely lead to a future data breach. 16 3. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the Grantee that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the Grantee, the authorized Grantee official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized Grantee official, all assurances or certifications submitted by or on behalf of the Grantee that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in MDHHS-DVS taking appropriate action with respect to the Grantee and the award. Among other things, the DVS may withhold award funds, disallow costs, or suspend or terminate the award. MDHHS-DVS also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801- 3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 17 4. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 38 The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to Grantee and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to the Grantee and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 5. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 6. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 18 7. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The Grantee (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisa l for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The Grantee (and any subrecipient at any tier) also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact MDHHS-DVS for guidance. 8. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The Grantee (and any subrecipient at any tier) at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Post award Requirements" in the "DOJ Grants Financial Guide"). 9. Requirement for data on performance and effectiveness under the award The Grantee (and any subrecipient at any tier) must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified in Attachment C. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 19 10. Requirements related to "de minimis" indirect cost rate A Grantee (and any subrecipient at any tier) that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 11. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the r, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors) and are incorporated by reference here. 12. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The Grantee agrees to comply with the DOJ Grants Financial Guide. 13. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages Grantees and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 20 14. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2021) The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out at https://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by the Grantee (or a sub-grantee) would or might fall within the scope of an appropriations -law restriction, the Grantee is to contact MDHHS-DVS for guidance, and may not proceed without the express prior written approval of MDHHS-DVS. 15. Potential imposition of additional requirements The Grantee agrees to comply with any additional requirements that may be imposed by MDHHS-DVS. 16. Employment eligibility verification for hiring under the award 1. The Grantee (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the Grantee (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the Grantee (and any subrecipient at any tier) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). 21 D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The Grantee’s monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all Grantees (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the Grantees (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the Grantee (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Non confirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award fun ds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any Grantee, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve 22 any Grantee, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E- Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to MDHHS- DVS, before award acceptance. 17. Restrictions and certifications regarding non-disclosure agreements and related matters No Grantee or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the Grantee: a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as descr ibed above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the MDHHS-DVS making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the Grantee does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- 23 a. it represents that-- (1) it has determined that no other entity that the Grantee's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 20. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassificati on encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references s et out in other award requirements. 24 21. OJP Training Guiding Principles Any training or training materials that the Grantee -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. 22. All subawards ("subgrants") must have specific federal authorization The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 23. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. 25 23. Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the Grantee, or any subrecipient ("subgrantee") at any tier, either directly or indirectl y, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the Grantee, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or coo perative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribe s and tribal organizations. Should any question arise as to whether a particular use of federal funds by a Grantee (or subrecipient) would or might fall within the scope of these prohibitions, the Grantee is to contact MDHHS-DVS for guidance, and may not proceed without the express prior written approval of OJP. 24. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 26 25. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The Grantee, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of Grantee, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the Grantee or of any subrecipient. The details of the Grantee's and subrecipients obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by Grantees and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 26. Requirement to report potentially duplicative funding If the Grantee currently has other active awards of federal funds, or if the Grantee receives any other award of federal funds during the period of performance for this award, the Grantee promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the Grantee must promptly notify MDHHS-DVS in writing of the potential duplication, and, if so, requested by the MDHHS-DVS, must seek a budget-modification or change-of- project-scope Grant Budget Amendment to eliminate any inappropriate duplication of funding. 27. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to MDHHS-DVS and the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. 27 Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 28. VOCA Requirements The Grantee assures that it will comply and its subrecipients will c omply with the conditions of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34 U.S.C. 20103(a)(2) and (b)(1) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the Grantee certifies that funds under this award will: a) be awarded only to eligible victim assistance organizations, 34 U.S.C. 20103(a)(2); b) not be used to supplant State and local public funds that would otherwise be available for crime victim assistance, 34 U.S.C. 20103(a)(2); and c) be allocated in accordance with program guidelines or regulations implementing 34 U.S.C. 20103(a)(2)(A) and 34 U.S.C. 20103(a)(2)(B) to, at a minimum, assist victims of mass violence and terrorism. 29. The Victims of Crime Act (VOCA) of 1984 states that VOCA funds are available during the federal fiscal year in which the award was actually made, plus the following three fiscal years. At the end of this period, VOCA funds will be deobligated. OJP has no discretion to permit extensions beyond the statutory period. (E.g., VOCA funds awarded in FY 2021, are available until the end of FY 2024). 30. Discrimination Findings The Grantee assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a recipient of victim assistance formula funds under this award, the Grantee will forward a copy of the findings to MDHHS-DVS and the Office for Civil Rights of OJP. 28 31. The Grantee agrees to promptly provide, upon request, financial or programmatic- related documentation related to this award, including documentation of expenditures and achievements. The Grantee understands that it will be subject to additional financial and programmatic in-depth or on-site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. The Grantee agrees to develop or maintain effective internal controls to manage federal awards (see 2 C.F.R. 200.303) and effective financial management policies and procedures to manage federal awards (see 2 C.F.R. 200.302).