HomeMy WebLinkAboutReports - 2023.11.16 - 40726
AGENDA ITEM: Acceptance from the Michigan Department of Health and Human Services for the
FY 2024 Antiterrorism Emergency Assistance Grant
DEPARTMENT: Prosecuting Attorney's Office
MEETING: Board of Commissioners
DATE: Thursday, November 16, 2023 9:30 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3498
Motion to accept grant funding from the State of Michigan, Department of Health and Human
Services in the amount of $185,000 for the period of October 1, 2023, through September 30, 2024
and authorize the Chair of the Board of Commissioners to execute the grant agreement; further,
amend the FY 2024 budget as detailed in the attached Schedule A.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
INTRODUCTION AND BACKGROUND
The Oakland County Office of the Prosecuting Attorney was awarded grant funding for the FY
2024 Antiterrorism Emergency Assistance Grant in the amount of $185,000 from the State of
Michigan, Department of Health and Human Services for the period of October 1, 2023, through
September 30, 2024 .
The purpose of this grant is to provide support in the prosecution of the mass violence school
shooting in Oxford Township on November 30, 2021, which resulted in 4 deceased students, 7
surviving gunshot victims and approximately 2,000 terrorist victims comprised of the Oxford High
School student body and staff. The magnitude and complexity of this case requires a substantial
response from Victim Services, that includes : ensuring victims are continuously updated on case
developments, providing emotional support to victims throughout the court process, providing
guidance to victims choosing to make a victim impact statement at sentencing , providing referrals
for mental health treatment when requested ,and assisting victims with financial compensation from
the state for reimbursement of medical and mental health bills.
This grant provides continuation of funding for 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).
The grant award has completed the Grant Review Process in accordance with the Board of
Commissioners’ Grant Acceptance Procedures.
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
Mary Larkin, Victim Advocate Leader
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 11/16/2023
AGENDA DEADLINE: 11/16/2023 9:30 AM
ATTACHMENTS
1. FY24 PA AntiTerrorism Emergency Assistance AEAP Grant Schedule A
2. Grant Review Sign-Off -grant acceptance
3. Attachment B.3-equip inventory
4. Attachment C reporting requirements
5. Award WD #00424
6. contract FY'24
7. FY24 Allocation email from MDHHS
8. Grant acceptance Att E-corrected language
9. Proxy for grant acceptance FY'24
COMMITTEE TRACKING
2023-11-07 Public Health & Safety - Forward to Finance
2023-11-08 Finance - Recommend to Board
2023-11-16 Full Board - Adopt
Motioned by: Commissioner Yolanda Smith Charles
Seconded by: Commissioner Philip Weipert
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay
Raman (17)
No: None (0)
Abstain: None (0)
Absent: Charles Cavell (1)
Passed
Oakland County, Michigan
PROSECUTOR'S OFFICE - FY 2024 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 2024
Amendment
FY 2025
Amendment
FY 2026
Amendment
R Law Enforcement Grants Prosecuting Litigation FND11005 CCN4010201 RC610313 PRG122090 GRN-1004262 610000 Federal Operating Grant $185,000 $185,000 $185,000
Total Revenues $185,000 $185,000 $185,000.00
E Law Enforcement Grants Prosecuting Litigation FND11005 CCN4010201 SC730359 PRG122090 GRN-1004262 730000 Contingency $167,333 $167,333 $167,333
E Law Enforcement Grants Prosecuting Litigation FND11005 CCN4010201 SC750399 PRG122090 GRN-1004262 750000 Office Supplies 17,667 17,667 17,667
Total Expenditures $185,000 $185,000 $185,000
GRANT REVIEW SIGN-OFF – Prosecuting Attorney
GRANT NAME: FY2024 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: 10/17/2023
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 (10/09/2023)
Human Resources:
Approved by Human Resources. Continues 2 positions with no changes. HR action not needed. - Heather Mason
(10/06/2023)
Risk Management:
Approved. Allows for governmental self-insurance and waives additional insured requirement. Robert Erlenbeck
(10/09/2023)
Corporation Counsel:
Approved Cc has reviewed. Found issue with erroneous language in Att E. OCPO secured a corrected Att E and has
provided to me and Tifanny. With the corrected attachment E, cc finds no unresolved legal issues. CC also confirmed with
OCPO that the entire agreement has been reviewed and department will be able to comply with all terms. – Heather Lewis
(10/12/2023)
ATTACHMENT B.3
MICHIGAN DEPARTMENT OF HEALTH & HUMAN SERVICES
BUREAU OF GRANTS AND PURCHASING
EQUIPMENT INVENTORY SCHEDULE
Please list equipment items that were purchased during the grant agreement period as specified in the grant
agreement budget’s cost detail schedule - Attachment B.2. Provide as much information about each piece as
possible, including quantity, item name, item specifications: make, model, etc. Equipment is defined to be an
article of non-expendable tangible personal property having a useful life of more than one (1) year and an
acquisition cost of $5,000 or more per unit. Please complete and forward this form to the MDHHS contract
manager with the final progress report.
Grantee Name: Contract #: Date:
Quantity Item Name Item Specification Tag
Number
Purchased
Amount
$
$
$
$
$
$
$
$
$
$
Total $ 0
Grantee’s Signature: ______________________________________ Date: ___________
FY 2024
ATTACHMENT C
PERFORMANCE / PROGRESS REPORT REQUIREMENTS
A. The Grantee must submit the following reports on the following dates:
Not Applicable
B. Any such other information as specified in the Statement of Work, Attachment A
must be developed and submitted by the Grantee as required by the Contract
Manager.
C. Reports and information must be submitted to the Contract Manager at:
Not Applicable
D. The Contract Manager will evaluate the reports submitted as described in
Attachment C, Items A. and B. for their completeness and adequacy.
E. The Grantee must permit the Department or its designee to visit and to make
an evaluation of the project as determined by Contract Manager
View Award: AWD00424: FY24 Anti-Terrorism Emergency
Assistance 10/01/2023 (version 0)
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Prime Grantor United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance
Grantor Michigan Department of Health and Human Services
Grantor Direct Cost / Grantor Indirect Cost 185,000.00 / 0.00
Award Contract Dates 10/01/2023 - 09/30/2024
Assistance Listing 16.582 -
Overview
Summary
Company Oakland County
Name FY24 Anti-Terrorism Emergency Assistance
Award Lifecycle Status Open
Grantor Award Reference Number
Award Date 10/01/2023
Award Signed Date
Award Type Other Awards
Award Tier 2 - $10,001 - $250,000
Award Status Approval In Process
Version 0
Version Status History
Billing Schedule Schedule Status
Federal Award Id Number
Assistance Listing 16.582 -
Assistance Listing Description
Institutional Id
Award Group 16 - Raquel
Award Contract Owner Mary Larkin (12368)
Award Calendar
Award Schedule AEAP-2024 Antiterrorism Emergency Assistance 2024
Start Date 10/01/2023
End Date 09/30/2024
Contract Start Date 10/01/2023
Contract End Date 09/30/2024
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Period Name Period
Number Start Date Contract Start
Date End Date Contract End Date Award Posting
Interval Group Posting Interval Start Date End Date
AEAP 2024 Award Schedule 1 10/01/2023 Yes 09/30/2024 Yes Budget Period 10/01/2023 09/30/2024
Grantor
Is Subaward No
Prime Grantor United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance
Grantor Michigan Department of Health and Human Services
Bill-To Grantor Michigan Department of Health and Human Services
Letter of Credit
Document ID
Funding Details
Currency USD
Grantor Direct Cost 185,000.00
Grantor Indirect Cost 0.00
Grantor Total 185,000.00
Match Total 0.00
Match Required by Grantor No
Award Total 185,000.00
Zero Amount Award No
Entered Line Amount 185,000.00
Authorized Amount 185,000.00
Billing Limit Override 0.00
Billed To Date 0.00
Anticipated Grantor Direct Cost 0.00
Anticipated Indirect Cost 0.00
Anticipated Grantor Total 0.00
Grant Review Information
Grant Review Information
Grant Review Information Type Comment
17. Grantor Submission Due Date:10/01/2023
16. Match/Source (if applicable):n/a
15. Total Budget:$185,000
13. Grant Related Position(s):Two positions funded by General Fund; County will be reimbursed by the
State of Michigan for positions #15532 and 155387.
12. New Grant Funded Position(s) Request:No
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Grant Review Information Type Comment
11. Prior Year Total Funding:$156,553
10. Funding Continuation:Yes
09. IT Resources (New Computer Hardware/Software Needs or Purchases):No
08. New Facility/Office Space Needs:No
07. Contract - Indicate Contractor(s) and Service/Product(s):n/a
06. Will you issue subaward(s) – Indicate Agency(ies):No
05. Original Source of Funding:State of Michigan Department of Health and Human Servces
04. Document Identification Number:n/a
03. Department Contact Name/Number:Mary Larkin, 248-858-1059
02. Operating Department:Prosecuting Attorney
01. Due Date for Reviewer Comments:10/09/2023 URGENT
Proposal
Proposal ID
Proposal Version
Related Proposals
Award Proposal APP00109: FY24 Anti-Terrorism Emergency Assistance 10/01/2023
Notes
Award Notes
Notes
This award is in support of the school shooting incident in Oxford Township on November 30, 2021, which has required a substantial response from the Oakland County government due to the trauma created for school students
and other local residents, as well as the legal complexity and amount of evidence involved in prosecuting crimes related to the incident. The grant will provide for reimbursement funding of salaries and fringe benefits for two full-
time positions. A Victim Advocate position will provide support and assistance to victims and witnesses. An Office Support Clerk will file pleadings, process correspondence and calls.
Attachments
Attachments
Attachment
BOC Misc Resolution.doc
Attachment E.pdf
Attachment C.pdf
Attachment B.3.pdf
contract FY'24.pdf
FY24 Allocation.pdf
Award Lines
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Award Lines Overview
Contract Line Line
Number Status
Award Line
Lifecycle
Status
Company From Date To Date Current Amount Billed
Amount Grant Billing
Schedule
Contract
Line Type
Current
Rate Rate Agreement Basis
Type
Cost Rate
Type
AWD00424
RC610313 -
Federal Operating
Grants (Line 1)
1 Draft Open Oakland
County
10/01/2023 09/30/2024 $185,000.00 $0.00 GRN-1004262 AEAP
- Anti-Terrorism
Grant FY2024
Fixed
Amount
0.00%0% Rate
(01/01/1900)
Total
Direct
Costs
Oakland
County
Award Line Summary
Award Line Summary
Line Line
Number Grant Revenue
Category Line Type Line Status Line Amount Billing
Schedule
Scheduled, In
Progress, and
Ready To Bill
Amount
Billed
Amount From Date To Date
AWD00424 RC610313 -
Federal Operating Grants
(Line 1)
1 GRN-1004262 AEAP - Anti-
Terrorism Grant FY2024
RC610313 -
Federal
Operating Grants
Fixed
Amount
Draft 185,000.00 0.00 0.00 10/01/2023 09/30/2024
Award Lines
Authorized Amount 185,000.00
Entered Line Amount 185,000.00
Award Lines
Award Line AWD00424 RC610313 - Federal Operating Grants (Line 1)
Line Number 1
Billed Amount 0.00
Line Status Draft
Line Item Details
Company Oakland County
Line Type Fixed Amount
Primary Yes
Grant GRN-1004262 AEAP - Anti-Terrorism Grant FY2024
Line Amount 185,000.00
Revenue Category RC610313 - Federal Operating Grants
Award Line Lifecycle Status Open
Spend Restriction
Line Item Description
Deferred Revenue No
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Line Assistance Listing
Line Assistance Listing Description
Indirect Cost
Current Rate 0.00%
Rate Agreement 0% Rate (01/01/1900)
Basis Type Total Direct Costs
Object Class Set Standard
Cost Rate Type Oakland County
Exception
Revenue Allocation Profile Non-Departmental General Fund & Finance Program
Basis Limit
Additional Information
From Date 10/01/2023
To Date 09/30/2024
Memo
Cost Center
Program
*Fund FND10101 General Fund-Grants
Additional Worktags
Subrecipient
Line Federal Award Id Number
Budget
Budget Details
Details
Budget Template Award - Total Expense by Grant : AWD00424: FY24 Anti-Terrorism Emergency Assistance 10/01/2023 (version 0)
Budget AWD00424: FY24 Anti-Terrorism Emergency Assistance 10/01/2023 (version 0)
Edit Budget Check Enabled Yes
Budget Check Options
Include Reserved Journal Lines Yes
Allow Credit Transactions to Pass Yes
Budget Check Option Warn
Evaluation Date Budget Date
Cumulative Control Periods Yes
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Budget Check Control Periods Control by Duration
Ledger Types for Budget Check Actuals
Commitments
Obligations
Allow Budget Check Override No
Budget Information
Company Oakland County
Budget Structure Award - Total Expense by Grant
Years AEAP 2024 Award Schedule
Entry Type Project and Award
Currency USD
AWD00424: FY24 Anti-Terrorism Emergency Assistance 10/01/2023 (version 0)
Award Amount
185,000.00
Budget Period
185,000.00
Budget Lines
Budget Period
*Ledger Account/Summary *Grant
Amount
Master Account Set: Expense GRN-1004262 AEAP - Anti-Terrorism Grant FY2024 185,000.00
Subtotals
Budget Period 185,000.00
Award Tasks
Award Tasks Due Next 90 Days
Status Tasks Due in Next 90 Days
Total 0
Award Tasks
Award Tasks
Award Tasks Due Next 90 Days or Overdue
Line Number Grant Start Date End Date Due Date Role Assigned Workers Status Billing Milestone Used by Schedules / Installments
Billing & Receivables
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Schedules
Grantor Billing
Bill-To Grantor Michigan Department of Health and Human Services
Letter of Credit
Document ID
View Grantor Invoices for Award
Invoice Invoice
Status
Award Billing
Sequence
Number
Adjustment
Reason
Invoice
Type
Invoice
Date
Invoice
Amount
Amount
Due Currency Due
Date
Invoice
Followup
Date
Is On
Hold Collection Code Dispute
Reason
Payment
Status
Payment
Type Memo
Award Prepayment Summary
Schedule Total Prepayment Amount Applied Remaining Prepaid Balance Prepayment Consumed
OCM - Cost Reimbursable Unbilled Transactions
Award Grantor
Billing Status
Cost Reimbursable
Spend Line Transaction
Source
Initiating Spend
Transaction of
Indirect Cost or
Award Revenue
Operational Journal
Accounting Date Budget
Date
Spend Category for
Billable Transactions Grant Cost
Center Fund Program Region Grant
Unit
Billable
Amount
Additional Reports
Award Header Roles
Assigned Roles
Assignable Role Role Assignee Count Assigned To
Grant Roles
Line Number Grant Assignable Role Assigned To Role From Effective Date
1 GRN-1004262 AEAP - Anti-Terrorism Grant
FY2024
Award Contract Specialist Mary Larkin (12368)Assigned 09/15/2023
Grant Accountant - Grant Raquel Lewis (20425)Assigned 09/15/2023
Grant Budget Specialist - Grant Terri Brockmiller (28982)Inherited
Grant Financial Analyst Patti Dib (41224)Inherited
David Woodward (22436)Inherited
Grant Manager Mary Larkin (12368)Assigned 09/15/2023
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Line Number Grant Assignable Role Assigned To Role From Effective Date
OCM Grant Payroll Accounting
(U)
Mark Hansell (10559)Inherited
Angie Jantz (43072)Inherited
Laura Riddell (12141)Inherited
Set Up & History
Set Up
Budget
Default Budget Structure Award - Total Expense by Grant
Default Entry Type Project and Award
Default Balanced Amendment Yes
Spend Restriction
Spend Restriction Default
Award Billing Sequence
Award Billing Sequence Active No
Process History
Process History
Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment
Award Event Award Event Step Completed 10/03/2023 12:31:48 PM 10/05/2023 Mary Larkin (12368)1
Award Budget Hub Event Award Budget Hub Event Step Completed 10/03/2023 12:33:37 PM Mary Larkin (12368) (Initiator)1
Budget Event Budget Event Approved 10/03/2023 12:33:45 PM Mary Larkin (12368) (Initiator)1
Budget Event To Do: Financial Budget
Approval Confirmation
Not Required 0
Budget Event Approval by Budget Manager Not Required 0
Award Event Review Award Approved 10/05/2023 04:42:18 PM 10/05/2023 Ebru Adoglu-Jones (13655)1
Award Event Review Award Approved 10/06/2023 12:57:55 PM 10/05/2023 Tifanny Keyes-Bowie (12452)
(Sponsored Programs
Manager)
1 Tifanny Keyes-Bowie: Please
Note: The Miscellaneous
Resolution is a Draft that is
subject to review by Human
Resources and Fiscal Services
for personnel changes and/or
budget amendment.
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Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment
Award Event Approval by Grant Review
Departments (All)
Awaiting Action 10/13/2023 Robert Erlenbeck (27643)
(Grant Review Departments)
1
Award Event Approval by Grant Review
Departments (All)
Awaiting Action 10/13/2023 Sheryl Johnson (41706) (Grant
Review Departments)
1
Award Event Approval by Grant Review
Departments (All)
Awaiting Action 10/13/2023 Heather Mason (14906) (Grant
Review Departments)
1
Award Event Approval by Grant Review
Departments (All)
Awaiting Action 10/13/2023 Kate Saranas (29532) (Grant
Review Departments)
1
Agreement #: E20244680-00
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 - 2024
Part 1
1.Period of Agreement:
This Agreement will commence on the date of the Grantee's signature or October 1,
2023, whichever is later, and continue through September 30, 2024. No activity will
be performed and no costs to the state will be incurred prior to October 1, 2023 or
the effective date of the Agreement, whichever is later. Throughout the Agreement,
the date of the Grantee's signature or October 1, 2023, whichever is later, 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 $185,000.00. Under the terms of this
Agreement, the Department will provide funding not to exceed $185,000.00.
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 # E20244680-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2024, Date: 09/29/2023
__________________________________________________________________________
Page: 1 of 40
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 and
Attachment E, which are part of this Agreement.
Contract # E20244680-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2024, Date: 09/29/2023
__________________________________________________________________________
Page: 2 of 40
8.Administration of the Agreement:
The person acting for the Department in administering this Agreement (hereinafter
referred to as the Contract Manager) is:
Patsy Baker Manager (517) 335-3705
bakerp2@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:
Raquel Lewis Financial Officer
___________________________________________________________________
Name Title
lewisra@oakgv.com (248) 858-1247
___________________________________________________________________
E-Mail Address Telephone No.
Contract # E20244680-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2024, Date: 09/29/2023
__________________________________________________________________________
Page: 3 of 40
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
___________________________________________________________________
Name Title Date
For the Michigan Department of Health and Human Services
Jeanette Hensler 09/29/2023
___________________________________________________________________
Jeanette Hensler, Grants Division Director Date
Bureau of Grants and Purchasing
Contract # E20244680-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2024, Date: 09/29/2023
__________________________________________________________________________
Page: 4 of 40
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 # E20244680-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2024, Date: 09/29/2023
__________________________________________________________________________
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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
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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 2 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 in 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
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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 the earlier of 30 calendar days after receipt of the auditor’s
report(s) or nine months after 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.
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b.Delinquent Audit Exemption Notice
Failure to submit the Audit Exemption Notice, when required,
may result in withholding from any payment from Department to
the Grantee an amount equal to one percent of the audit year’s
grant funding until the Audit Exemption Notice is received.
5.Other Audits
The Department or federal agencies may also conduct or arrange for
agreed upon procedures or additional audits to meet their needs.
H.Subrecipient Monitoring
1.When passing federal funds through to a subrecipient (if the Agreement
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.
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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.
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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
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reimbursement for employees and if the Grantee follows that
documented policy, the Department will reimburse the Grantee
for travel costs at the Grantee’s documented reimbursement
rate for employees. Otherwise, the state of Michigan travel
reimbursement rate applies.
b.Federally funded Grantees must comply with Title 2 CRF
200.475.
c.State of Michigan travel rates may be found at the following
website: http://www.michigan.gov/dtmb/0,5552,7-358-
82548_13132---,00.html.
d.International travel must be pre-approved by the Department
and itemized in the budget.
P.Federal Funding Accountability and Transparency Act (FFATA)
1.Complete and upload the FFATA Executive Compensation report to the
EGrAMS agency profile if:
a.The Grantee’s federal revenue was 80% or more of the
Grantee’s annual gross revenue; AND
b.Grantee’s gross revenue from federal awards was $25,000,000
or more; AND
c.The public does not have access to the information about
executive officers’ compensation through periodic reports filed
under Section 13(a) or 15(d) of the Securities Exchange Act of
1934 or Section 6104 of the Internal Revenue Code of 1986.
2.The FFATA Executive Compensation report template can be found in
EGrAMS documents.
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,
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officers, employees, and agents” as additional insureds using
endorsement CG 20 10 11 85, or both CG 20 10 12 19 and CG
20 37 12 19.
If the Grantee will interact with children, schools, or the
cognitively impaired, the Grantee must maintain appropriate
insurance coverage related to sexual abuse and molestation
liability.
b.Workers’ Compensation Insurance or Governmental Self-
Insurance: Coverage according to applicable laws governing
work activities. Policies must include waiver of subrogation,
except where waiver is prohibited by law.
c.Employers Liability Insurance or Governmental Self-Insurance.
d.Privacy and Security Liability (Cyber Liability) Insurance: cover
information security and privacy liability, privacy notification
costs, regulatory defense and penalties, and website media
content liability.
3.Require that subcontractors maintain the required insurances contained
in this Section.
4.This Section is not intended to and is not to be construed in any manner
as waiving, restricting or limiting the liability of the Grantee from any
obligations under this Agreement.
5.Each Party must promptly notify the other Party of any knowledge
regarding an occurrence which the notifying Party reasonably believes
may result in a claim against either Party. The Parties must cooperate
with each other regarding such claim.
R.Fiscal Questionnaire
1.Complete and upload the yearly fiscal questionnaire to the EGrAMS
agency profile within three months of the start of the Agreement.
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
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c.National Sex Offender Registry: http://www.nsopw.gov
2 Conduct or cause to be conducted a Central Registry (CR) check for
each new employee, employee, subcontractor, subcontractor employee,
or volunteer who under this Agreement works directly with children.
a.Central Registry: https://www.michigan.gov/mdhhs/0,5885,7-
339-73971_7119_50648_48330-180331--,00.html
3.Require each new employee, employee, subcontractor, subcontractor
employee, or volunteer who, under this Agreement, works directly with
clients or who has access to client information to notify the Grantee in
writing of criminal convictions (felony or misdemeanor), pending felony
charges, or placement on the Central Registry as a perpetrator, at hire
or within 10 days of the event after hiring.
4.Determine whether to prohibit any employee, subcontractor,
subcontractor employee, or volunteer from performing work directly with
clients or accessing client information related to clients under this
Agreement, based on the results of a positive ICHAT response or
reported criminal felony conviction or perpetrator identification.
5.Determine whether to prohibit any employee, subcontractor,
subcontractor employee or volunteer from performing work directly with
children under this Agreement, based on the results of a positive CR
response or reported perpetrator identification.
6.Require any employee, subcontractor, subcontractor employee or
volunteer who may have access to any databases of information
maintained by the federal government that contain confidential or
personal information, including but not limited to federal tax information,
to have a fingerprint background check performed by the Michigan State
Police.
II.Responsibilities - Department
The Department in accordance with the general purposes and objectives of this
Agreement will:
A.Reimbursement
Provide reimbursement in accordance with the terms and conditions of this
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.
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III.Assurances
The following assurances are hereby given to the Department:
A.Compliance with Applicable Laws
The Grantee will comply with applicable federal and state laws, guidelines,
rules and regulations in carrying out the terms of this Agreement. The Grantee
will also comply with all applicable general administrative requirements, such
as 2 CFR 200, covering cost principles, grant/agreement principles and audits,
in carrying out the terms of this Agreement. The Grantee will comply with all
applicable requirements in the original grant awarded to the Department if the
Grantee is a subgrantee. The Department may determine that the Grantee has
not complied with applicable federal or state laws, guidelines, rules and
regulations in carrying out the terms of this Agreement and may then terminate
this Agreement under Part 2, Section V.
B.Anti-Lobbying Act
The Grantee will comply with the Anti-Lobbying Act (31 U.S.C. 1352) as
revised by the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.),
Federal Acquisition Regulations 52.203.11 and 52.203.12, and Section 503 of
the Departments of Labor, Health & Human Services, and Education, and
Related Agencies section of the current fiscal year Omnibus Consolidated
Appropriations Act. Further, the Grantee must require that the language of this
assurance be included in the award documents of all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and
cooperative agreements) and that all subrecipients must certify and disclose
accordingly.
C.Non-Discrimination
1.The Grantee must comply with the Department’s non-discrimination
statement: The Michigan Department of Health and Human Services
does not discriminate against any individual or group on the basis of
race, national origin, color, sex, disability, religion, age, height, weight,
familial status, partisan considerations, or genetic information. Sex-
based discrimination includes, but is not limited to, discrimination based
on sexual orientation, gender identity, gender expression, sex
characteristics, and pregnancy. The Grantee further agrees that every
subcontract entered into for the performance of any contract or
purchase order resulting therefrom, will contain a provision requiring
non-discrimination in employment, activity delivery and access, as
herein specified, binding upon each subcontractor. This covenant is
required pursuant to the Elliot-Larsen Civil Rights Act (1976 PA 453, as
amended; MCL 37.2101 et seq.) and the Persons with Disabilities Civil
Rights Act (1976 PA 220, as amended; MCL 37.1101 et seq.), and any
breach thereof may be regarded as a material breach of this
Agreement.
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2.The Grantee will comply with all federal and state statutes relating to
nondiscrimination. These include but are not limited to:
a.Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which
prohibits discrimination based on race, color or national origin;
b.Title IX of the Education Amendments of 1972, as amended (20
U.S.C. 1681-1683, 1685-1686), which prohibits discrimination
based on sex;
c.Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), which prohibits discrimination based on
disabilities;
d.The Age Discrimination Act of 1975, as amended (42 U.S.C.
6101-6107), which prohibits discrimination based on age;
e.The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-
255), as amended, relating to nondiscrimination based on drug
abuse;
f.The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970 (P.L. 91-616) as
amended, relating to nondiscrimination based on alcohol abuse
or alcoholism;
g.Sections 523 and 527 of the Public Health Service Act of 1944
(42 U.S.C. 290 dd-2), as amended, relating to confidentiality of
alcohol and drug abuse patient records;
h.Any other nondiscrimination provisions in the specific statute(s)
under which application for federal assistance is being made;
and,
i.The requirements of any other nondiscrimination statute(s)
which may apply to the application.
3.Additionally, assurance is given to the Department that proactive efforts
will be made to identify and encourage the participation of minority-
owned and women-owned businesses, and businesses owned by
persons with disabilities in contract solicitations. The Grantee must
include language in all contracts awarded under this Agreement which
(1) prohibits discrimination against minority-owned and women-owned
businesses and businesses owned by persons with disabilities in
subcontracting; and (2) makes discrimination a material breach of
contract.
D.Debarment and Suspension
The Grantee will comply with federal regulation 2 CFR 180 and certifies to the
best of its knowledge and belief that it, its employees and its subcontractors:
1.Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any federal department or contractor;
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2.Have not within a five-year period preceding this Agreement been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local) or
private transaction or contract under a public transaction; violation of
federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, receiving stolen property, making false claims,
or obstruction of justice;
3.Are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the
offenses enumerated in section 2;
4.Have not within a five-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or
default; and
5.Have not committed an act of so serious or compelling a nature that it
affects the Grantee’s present responsibilities.
E.Pro-Children Act
1.The Grantee will comply with the Pro-Children Act of 1994 (P.L. 103-
227; 20 U.S.C. 6081, et seq.), which requires that smoking not be
permitted in any portion of any indoor facility owned or leased or
contracted by and used routinely or regularly for the provision of health,
day care, early childhood development activities, education or library
activities to children under the age of 18, if the activities are funded by
federal programs either directly or through state or local governments,
by federal grant, contract, loan or loan guarantee. The law also applies
to children’s activities that are provided in indoor facilities that are
constructed, operated, or maintained with such federal funds. The law
does not apply to children’s activities provided in private residences;
portions of facilities used for inpatient drug or alcohol treatment; activity
providers whose sole source of applicable federal funds is Medicare or
Medicaid; or facilities where Women, Infants, and Children (WIC)
coupons are redeemed. Failure to comply with the provisions of the law
may result in the imposition of a civil monetary penalty of up to $1,000
for each violation and/or the imposition of an administrative compliance
order on the responsible entity. The Grantee also assures that this
language will be included in any subawards which contain provisions for
children’s activities.
2.The Grantee also assures, in addition to compliance with P.L. 103-227,
any activity funded in whole or in part through this Agreement will be
delivered in a smoke-free facility or environment. Smoking must not be
permitted anywhere in the facility, or those parts of the facility under the
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control of the Grantee. If activities are delivered in facilities or areas that
are not under the control of the Grantee (e.g., a mall, restaurant or
private work site), the activities must be smoke-free.
F.Hatch Act and Intergovernmental Personnel Act
The Grantee will comply with the Hatch Act (5 U.S.C. 1501-1508, 5 U.S.C.
7321-7326), and the Intergovernmental Personnel Act of 1970 (P.L. 91-648)
as amended by Title VI of the Civil Service Reform Act of 1978 (P.L. 95-454).
Federal funds 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
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subcontractor to comply with all applicable terms and conditions of this
Agreement. In the event of a conflict between this Agreement and the
provisions of the subcontract, the provisions of this Agreement will
prevail.
A conflict between this Agreement and a subcontract, however, will not
be deemed to exist where the subcontract:
a.Contains additional non-conflicting provisions not set forth in
this Agreement;
b.Restates provisions of this Agreement to afford the Grantee the
same or substantially the same rights and privileges as the
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:
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1.The Grantee must not share any protected health information provided
by the Department that is covered by HIPAA except as permitted or
required by applicable law, or to a subcontractor as appropriate under
this Agreement.
2.The Grantee will ensure that any subcontractor will have the same
obligations as the Grantee not to share any protected health data and
information from the Department that falls under HIPAA requirements in
the terms and conditions of the subcontract.
3.The Grantee must only use the protected health data and information
for the purposes of this Agreement.
4.The Grantee must have written policies and procedures addressing the
use of protected health data and information that falls under the HIPAA
requirements. The policies and procedures must meet all applicable
federal and state requirements including the HIPAA regulations. These
policies and procedures must include restricting access to the protected
health data and information by the Grantee’s employees.
5.The Grantee must have a policy and procedure to immediately report to
the Department any suspected or confirmed unauthorized use or
disclosure of protected health information that falls under the HIPAA
requirements of which the Grantee becomes aware. The Grantee will
work with the Department to mitigate the breach and will provide
assurances to the Department of corrective actions to prevent further
unauthorized uses or disclosures. The Department may demand
specific corrective actions and assurances and the Grantee must
provide the same to the Department.
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
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internet communication platforms or technologies without the prior written
approval of the Department.
O.Survival
The provisions of this Agreement that impose continuing obligations will
survive the expiration or termination of this Agreement.
P.State Data
1.Ownership. The Department’s data (“State Data,” which will be treated
by Grantee as Confidential Information) includes: (a) the Department’s
data, user data, and any other data collected, used, processed, stored,
or generated as the result of this Agreement; (b) personally identifiable
information (“PII“) collected, used, processed, stored, or generated as
the result of this Agreement, including, without limitation, any
information that identifies an individual, such as an individual’s social
security number or other government-issued identification number,
date of birth, address, telephone number, biometric data, mother’s
maiden name, email address, credit card information, or an individual’s
name in combination with any other of the elements here listed; and,
(c) protected health information (“PHI”) collected, used, processed,
stored, or generated as the result of this Agreement, which is defined
under the Health Insurance Portability and Accountability Act (HIPAA)
and its related rules and regulations. State Data is and will remain the
sole and exclusive property of the Department and all right, title, and
interest in the same is reserved by the Department.
2.Grantee Use of State Data. Grantee is provided a limited license to
State Data for the sole and exclusive purpose of providing the activities
outlined in the Agreement’s Statement of Work, including a license to
collect, process, store, generate, and display State Data only to the
extent necessary in the provision of the Agreement’s Statement of
Work. Grantee must: (a) keep and maintain State Data in strict
confidence, using such degree of care as is appropriate and consistent
with its obligations as further described in this Agreement and
applicable law to avoid unauthorized access, use, disclosure, or loss;
(b) use and disclose State Data solely and exclusively for the purpose
of providing the activities described in the Statement of Work, such use
and disclosure being in accordance with this Agreement, any
applicable Statement of Work, and applicable law; (c) keep and
maintain State Data in the continental United States and (d) not use,
sell, rent, transfer, distribute, commercially exploit, or otherwise
disclose or make available State Data for Grantee’s own purposes or
for the benefit of anyone other than the Department without the
Department’s prior written consent. Grantee's misuse of State Data
may violate state or federal laws, including but not limited to MCL
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752.795.
3.Extraction of State Data. Grantee must, within five business days of
the Department’s request, provide the Department, without charge and
without any conditions or contingencies whatsoever (including but not
limited to the payment of any fees due to Grantee), an extract of the
State Data in the format specified by the Department.
4.Backup and Recovery of State Data. Grantee is responsible for
maintaining a backup of State Data and for an orderly and timely
recovery of such data. Grantee must maintain a contemporaneous
backup of State Data that can be recovered within two hours at any
point in time.
5.Loss or Compromise of Data. In the event of any act, error or omission,
negligence, misconduct, or breach on the part of Grantee that
compromises or is suspected to compromise the security,
confidentiality, or integrity of State Data or the physical, technical,
administrative, or organizational safeguards put in place by Grantee
that relate to the protection of the security, confidentiality, or integrity of
State Data, Grantee must, as applicable: (a) notify the Department as
soon as practicable but no later than 24 hours of becoming aware of
such occurrence; (b) cooperate with the Department in investigating
the occurrence, including making available all relevant records, logs,
files, data reporting, and other materials required to comply with
applicable law or as otherwise required by the Department; (c) in the
case of PII or PHI, at the Department’s sole election, (i) with approval
and assistance from the Department, notify the affected individuals
who comprise the PII or PHI as soon as practicable but no later than is
required to comply with applicable law, or, in the absence of any legally
required notification period, within five calendar days of the
occurrence; or (ii) reimburse the Department for any costs in notifying
the affected individuals; (d) in the case of PII, provide third-party credit
and identity monitoring services to each of the affected individuals who
comprise the PII for the period required to comply with applicable law,
or, in the absence of any legally required monitoring services, for no
less than 24 months following the date of notification to such
individuals; (e) perform or take any other actions required to comply
with applicable law as a result of the occurrence; (f) pay for any costs
associated with the occurrence, including but not limited to any costs
incurred by the Department in investigating and resolving the
occurrence, including reasonable attorney’s fees associated with such
investigation and resolution; (g) without limiting Grantee’s obligations
of indemnification as further described in this Agreement, indemnify,
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defend, and hold harmless the Department for any and all claims,
including reasonable attorneys’ fees, costs, and incidental expenses,
which may be suffered by, accrued against, charged to, or recoverable
from the Department in connection with the occurrence; (h) be
responsible for recreating lost State Data in the manner and on the
schedule set by the Department without charge to the Department;
and, (i) provide to the Department a detailed plan within 10 calendar
days of the occurrence describing the measures Grantee will
undertake to prevent a future occurrence. Notification to affected
individuals, as described above, must comply with applicable law, be
written in plain language, not be tangentially used for any solicitation
purposes, and contain, at a minimum: name and contact information of
Grantee’s representative; a description of the nature of the loss; a list
of the types of data involved; the known or approximate date of the
loss; how such loss may affect the affected individual; what steps
Grantee has taken to protect the affected individual; what steps the
affected individual can take to protect himself or herself; contact
information for major credit card reporting agencies; and, information
regarding the credit and identity monitoring services to be provided by
Grantee. The Department will have the option to review and approve
any notification sent to affected individuals prior to its delivery.
Notification to any other party, including but not limited to public media
outlets, must be reviewed, and approved by the Department in writing
prior to its dissemination. The parties agree that any damages relating
to a breach of this section are to be considered direct damages and
not consequential damages.
6.Surrender of Confidential Information upon Termination. Upon
termination or expiration of this Contract or a Statement of Work, in
whole or in part, each party must, within 5 Business Days from the
date of termination, return to the other party any and all Confidential
Information received from the other party, or created or received by a
party on behalf of the other party, which are in such party’s
possession, custody, or control. Upon confirmation from the State, of
receipt of all data, Grantee must permanently sanitize or destroy the
State’s Confidential Information, including State Data, from all media
including backups using National Security Agency (“NSA”) and/or
National Institute of Standards and Technology (“NIST”) (NIST Guide
for Media Sanitization 800-88) data sanitization methods or as
otherwise instructed by the State. If the State determines that the
return of any Confidential Information is not feasible or necessary,
Grantee must destroy the Confidential Information as specified above.
The Grantee must certify the destruction of Confidential Information
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(including State Data) in writing within 5 Business Days from the date
of confirmation from the State. Any requirement on the Grantee’s part
to retain data beyond the end of this contract must be authorized by
the State
Q.Non-Disclosure of Confidential Information
1.The Grantee agrees that it will use confidential information solely for the
purpose of this Agreement. The Grantee agrees to hold all confidential
information in strict confidence and not to copy, reproduce, sell, transfer
or otherwise dispose of, give or disclose such confidential information to
third parties other than employees, agents, or subcontractors of a party
who have a need to know in connection with this Agreement or to use
such confidential information for any purpose whatsoever other than the
performance of this Agreement. The Grantee must take all reasonable
precautions to safeguard the confidential information. These
precautions must be at least as great as the precautions the Grantee
takes to protect its own confidential or proprietary information.
2.Meaning of Confidential Information
For the purpose of this Agreement the term “confidential information”
means all information and documentation that:
a.Has been marked “confidential” or with words of similar
meaning, at the time of disclosure by such party;
b.If disclosed orally or not marked “confidential” or with words of
similar meaning, was subsequently summarized in writing by
the disclosing party and marked “confidential” or with words of
similar meaning;
c.Should reasonably be recognized as confidential information of
the disclosing party;
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
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e.Publicly available when received or thereafter became publicly
available (other than through an unauthorized disclosure by,
through or on behalf of, the receiving party).
4.The Grantee must notify the Department within one business day after
discovering any unauthorized use or disclosure of confidential
information. The Grantee will cooperate with the Department in every
way possible to regain possession of the confidential information and
prevent further unauthorized use or disclosure.
R.Data Privacy and Information Security
1.Undertaking by Grantee. Without limiting Grantee’s obligation of
confidentiality as further described, Grantee is responsible for
establishing and maintaining a data privacy and information security
program, including physical, technical, administrative, and
organizational safeguards, that is designed to: (a) ensure the security
and confidentiality of the State Data; (b) protect against any anticipated
threats or hazards to the security or integrity of the State Data; (c)
protect against unauthorized disclosure, access to, or use of the State
Data; (d) ensure the proper disposal of State Data; and (e) ensure that
all employees, agents, and subcontractors of Grantee, if any, comply
with all of the foregoing. In no case will the safeguards of Grantee’s
data privacy and information security program be less stringent than
the safeguards used by the Department, and Grantee must at all times
comply with all applicable State policies and standards, which are
available to Grantee upon request.
2.Audit by Grantee. No less than annually, Grantee must conduct a
comprehensive independent third-party audit of its data privacy and
information security program and provide such audit findings to the
Department.
3.Right of Audit by the State. Without limiting any other audit rights of the
Department, the Department has the right to review Grantee’s data
privacy and information security program prior to the commencement
of the Agreement’s Statement of Work and from time to time during the
term of this Agreement. During the providing of the Agreement’s
Statement of Work, on an ongoing basis from time to time and without
notice, the Department, at its own expense, is entitled to perform, or to
have performed, an on-site audit of Grantee’s data privacy and
information security program. In lieu of an on-site audit, upon request
by the Department, Grantee agrees to complete, within 45 calendar
days of receipt, an audit questionnaire provided by the Department
regarding Grantee’s data privacy and information security program.
4.Audit Findings. Grantee must implement any required safeguards as
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identified by the Department or by any audit of Grantee’s data privacy
and information security program.
S.Cap on Salaries
None of the funds awarded to the Grantee through this Agreement will be
used to pay, either through a grant or other external mechanism, the salary of
an individual at a rate in excess of Executive Level II. The current rates of pay
for the Executive Schedule are located on the United States Office of
Personnel Management web site, http://www.opm.gov, by navigating to
Policy — Pay & Leave — Salaries & Wages. The salary rate limitation does
not restrict the salary that a Grantee may pay an individual under its
employment; rather, it merely limits the portion of that salary that may be paid
with funds from this Agreement.
IV.Financial Requirements
A.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
Department will comply with the Michigan Department of Treasury’s
Due Process procedures prior to forwarding claims to Treasury. Specific
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Due Process procedures include the following:
a.An offer from the Department of a hearing to dispute the debt,
identifying the time, place and date of such hearing.
b.A hearing by an impartial official.
c.An opportunity for the Grantee to examine the Department’s
associated records.
d.An opportunity for the Grantee to present evidence in person or
in writing.
e.A hearing official with full authority to correct errors and decide
not to forward debt to Treasury.
f.Grantee representation by an attorney and presentation of
witnesses if necessary.
5.If the Grantee has a recurring agreement with the Department, the
Department requires an annual confirmation of the outstanding
operating advance. At the end of either the Agreement period or
Department’s fiscal year, whichever is first, the Grantee must respond to
the Department’s request for confirmation of the operating advance.
Failure to respond to the confirmation request may result in the
Department recovering all or part of an outstanding operating advance.
B.Reimbursement Method
The Grantee will be paid for allowable expenditures incurred by the Grantee,
submitted for reimbursement on the Financial Status Reports (FSRs) and
approved by the Department. Reimbursement from the Department is based
on the understanding that Department funds will be paid up to the total
Department allocation as agreed to in the approved budget. Department funds
are the first source after the application of fees and earmarked sources unless
a specific local match condition exists.
C.Financial Status Report Submission
The Grantee must electronically prepare and submit FSRs to the Department
via the EGrAMS website http://egrams-mi.com/mdhhs.
FSRs must be submitted on a monthly basis, no later than 30 days after the
close of each calendar month. The monthly FSRs must reflect total actual
program expenditures, up to the total agreement amount. Failure to meet
financial reporting responsibilities as identified in this Agreement may result in
withholding future payments.
The Grantee representative who submits the FSR is certifying to the best of
their knowledge and belief that the report is true, complete and accurate and
the expenditures, disbursements and cash receipts are for the purposes and
objectives set forth in the terms and conditions of this Agreement. The
individual submitting the FSR should be aware that any false, fictitious or
fraudulent information, or the omission of any material facts, may subject them
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to criminal, civil or administrative penalties for fraud, false statements, false
claims or otherwise.
The instructions for completing the FSR form are available on the EGrAMS
website http://egrams-mi.com/mdhhs. Send FSR questions to
FSRMDHHS@michigan.gov.
D.Reimbursement Mechanism
All Grantees must register using the on-line vendor self-service site to receive
all state of Michigan payments as Electronic Funds Transfers (EFT)/Direct
Deposits, as mandated by MCL 18.1283a. Vendor registration information is
available through the Department of Technology, Management and Budget’s
web site: https://www.michigan.gov/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.
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G.Indirect Costs
The Grantee may use an approved federal or state indirect rate in their budget
calculations and financial status reporting. If the Grantee does not have an
existing approved federal or state indirect rate, they may use a 10% de
minimis rate in accordance with 2 CFR 200 to recover their indirect costs.
Governmental Grantees with an existing cost allocation plan may budget
accordingly in lieu of an indirect cost rate. Non-governmental Grantees may
use a cost allocation plan only if the plan was in place prior to December 26,
2014.
V.Agreement Termination
This Agreement may be terminated without further liability or penalty to the
Department for any of the following reasons:
A.By either party by giving 30 days written notice to the other party stating the
reasons for termination and the effective date.
B.By either party with 30 days written notice upon the failure of either party to
carry out the terms and conditions of this Agreement, provided the alleged
defaulting party is given notice of the alleged breach and fails to cure the
default within the 30-day period.
C.Immediately if the Grantee or an official of the Grantee or an owner is
convicted of any activity referenced in Part 2 Section III. D. of this Agreement
during the term of this Agreement or any extension thereof.
D.Immediately if the Department determines that Grantee fails or has failed to
meet its obligations under Part 2 Section III.
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
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effect.
IX.Waiver
Failure by the Department to enforce any provision of this Agreement will not
constitute a waiver of the Department’s right to enforce any other provision of this
Agreement.
X.Amendments
Any changes to this Agreement will be valid only if made in writing and executed by all
parties through an amendment to this Agreement. Any change proposed by the
Grantee which would affect the Department funding of any project must be submitted
in writing to the Department immediately upon determining the need for such change.
The Department has sole discretion to approve or deny the amendment request. The
Grantee must, upon request of the Department and receipt of a proposed amendment,
amend this Agreement.
XI.Liability
The Grantee assumes all liability to third parties, loss, or damage because of claims,
demands, costs, or judgments arising out of activities, such as but not limited to direct
activity delivery, to be carried out by the Grantee in the performance of this
Agreement, under the following conditions:
A.The liability, loss, or damage is caused by, or arises out of, the actions of or
failure to act on the part of the Grantee, any of its subcontractors, or anyone
directly or indirectly employed by the Grantee.
B.Nothing herein will be construed as a waiver of any governmental immunity
that has been provided to the Grantee or its employees by statute or court
decisions.
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.
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3 Attachment A2 - Oakland County Addendum
This addendum modifies the following sections of Part II, 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.
P.State Data
The provisions in this section shall be deleted in their entirety and
replaced with the following language:
P.Grant Data
1.Grant Data. The Department’s and Grantee’s data (“Grant
Data,” which will be treated by the Parties as Confidential
Information) includes: (a) the Department’s data, user data,
and any other data collected, used, processed, stored, or
generated as the result of this Agreement; (b) personally
identifiable information (“PII“) collected, used, processed,
stored, or generated as the result of this agreement,
including, without limitation, any information that identifies
an individual, such as an individual’s social security
number or other government-issued identification number,
date of birth, address, telephone number, biometric data,
mother’s maiden name, email address, credit card
information, or an individual’s name in combination with
any other of the elements here listed; and, (c) protected
health information (“PHI”) collected, used, processed,
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stored, or generated as the result of this Agreement, which
is defined under the Health Insurance Portability and
Accountability Act (HIPAA) and its related rules and
regulations.
2.Grantee Use of Grant Data. Grantee must: (a) keep and
maintain Grant Data, using such degree of care as is
appropriate and consistent with its obligations as further
described in this Agreement and applicable law to avoid
unauthorized access, use, disclosure, or loss; (b) use and
disclose Grant Data solely and exclusively for the purpose
of providing the activities described in the Statement of
Work, such use and disclosure being in accordance with
this Agreement, any applicable Statement of Work, and
applicable law; (c) keep and maintain Grant Data in the
continental United States and (d) not sell, rent, or
commercially exploit Grant Data. Grantee's misuse of
Grant Data may violate state or federal laws, including but
not limited to MCL 752.795.
3.Extraction of Grant Data. Grantee must, within a
reasonable timeframe of the Department’s request, provide
the Department, an extract of the Grant Data in the format
agreed upon by the Department and Grantee.
4.Backup and Recovery of Grant Data. Grantee is
responsible for maintaining a backup of Grant Data and for
an orderly and timely recovery of such data.
5 Loss or Compromise of Data. In the event of any act, error
or omission, negligence, misconduct, or breach on the part
of Grantee that compromises or is suspected to
compromise the security, confidentiality, or integrity of
Grant Data or the physical, technical, administrative, or
organizational safeguards put in place by Grantee that
relate to the protection of the security, confidentiality, or
integrity of Grant Data, Grantee must work with the
Department to comply with all applicable laws regarding
such an incident.
6.Surrender of Confidential Information upon Termination.
Upon termination or expiration of this Contract or a
Statement of Work, in whole or in part, each party must
upon request, within a reasonable timeframe from the date
of termination, return to the other party any and all
Confidential Information received from the other party, or
created or received by a party on behalf of the other party,
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which are in such party’s possession, custody, or control.
Upon confirmation from the State, of receipt of all data,
Grantee must permanently sanitize or destroy the State’s
Confidential Information, including Grant Data, from all
media including
backups using National Security Agency (“NSA”) and/or
National Institute of Standards and Technology (“NIST”)
(NIST Guide for Media Sanitization 800-88) data
sanitization methods or as otherwise instructed by the
State. If the State
determines that the return of any Confidential Information
is not feasible or necessary, Grantee must destroy the
Confidential Information as specified above. The Grantee
must certify the destruction of Confidential Information
(including Grant Data) in writing within 5 Business Days
from the date of confirmation from the State. Any
requirement on the Grantee’s part to retain data beyond
the end of this contract must be authorized by the State.
Notwithstanding the language herein, the Grantee shall
retain any Confidential Information that it is required to
retain by law.
R.Data Privacy and Information Security
The provisions in this section shall be deleted in their entirety and
replaced with the following language:
1.Undertaking by Grantee. Without limiting Grantee’s
obligation of confidentiality as further described, Grantee is
responsible for establishing and maintaining a data privacy
and information security program, including physical,
technical, administrative, and organizational safeguards, that is
designed to: (a) ensure the security and confidentiality of the
Grant Data; (b) protect against any anticipated threats or
hazards to the security or integrity of the Grant Data; (c)
protect against unauthorized disclosure, access to, or use of the
Grant Data; (d) ensure the proper disposal of Grant Data; and
(e) ensure that all employees, agents, and subcontractors of
Grantee, if any, comply with all of the
foregoing.
2.Right of Audit by the State. Without limiting any other audit
rights of the Department, the Department has the right to review
Grantee’s data privacy and information security program prior to
the commencement of the Agreement’s Statement of Work and
from time to time during the term of this Agreement. During the
providing of the Agreement’s Statement of Work, on an ongoing
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basis from time to time and without notice, the Department, at
its own expense, is
entitled to perform, or to have performed, an on-site audit of
Grantee’s data privacy and information security program. In lieu
of an on-site audit, upon request by the Department, Grantee
agrees to complete, within 45 calendar days of
receipt, an audit questionnaire provided by the Department
regarding Grantee’s data privacy and information security
program.
3.Audit Findings. Grantee must implement any reasonable
safeguards as identified by the Department or by any audit of
Grantee’s data privacy and information security program.
IX.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 # E20244680-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2024, Date: 09/29/2023
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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 :10/01/2023 - 09/30/2024
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 # E20244680-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2024, Date: 09/29/2023
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B1 Attachment B1 - Program Budget Summary
PROGRAM
Antiterrorism Emergency Assistance - 2024
DATE PREPARED
9/29/2023
CONTRACTOR NAME
Oakland County of Prosecutors Office
BUDGET PERIOD
From : 10/1/2023 To : 9/30/2024
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 112,060.00 112,060.00
2 Fringe Benefits 55,273.00 55,273.00
3 Employee Travel and Training 0.00 0.00
4 Supplies & Materials 17,667.00 17,667.00
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 185,000.00 185,000.00
TOTAL DIRECT EXPENSES 185,000.00 185,000.00
INDIRECT EXPENSES
Indirect Costs
1 Indirect Costs 0.00 0.00
2 Cost Allocation Plan 0.00 0.00
Total Indirect Costs 0.00 0.00
TOTAL INDIRECT EXPENSES 0.00 0.00
TOTAL EXPENDITURES 185,000.00 185,000.00
SOURCE OF FUNDS
Contract # E20244680-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2024, Date: 09/29/2023
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Category Total Amount Cash Inkind
1 Source of Funds
MDHHS State Agreement 185,000.00 185,000.00 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 185,000.00 185,000.00 0.00 0.00
Totals 185,000.00 185,000.00 0.00 0.00
Contract # E20244680-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2024, Date: 09/29/2023
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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 29.289 0.000 HRS 60,921.00
Clerk
Notes : Clerk
2080.0000 24.586 0.000 HRS 51,139.00
Total for Salary & Wages 112,060.00
2 Fringe Benefits
Composite Rate
Notes : Composite Rate:
Retirement 24.25%
Medical 21.93%
FICA 6.23%
0.0000 62.539 60921.090 38,099.00
Composite Rate 0.0000 33.582 51140.340 17,174.00
Total for Fringe Benefits 55,273.00
3 Employee Travel and Training
4 Supplies & Materials
Office Supplies 0.0000 0.000 0.000 17,667.00
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 185,000.00
TOTAL DIRECT EXPENSES 185,000.00
INDIRECT EXPENSES
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Line Item Qty Rate Units UOM Total
Indirect Costs
1 Indirect Costs
2 Cost Allocation Plan
Total Indirect Costs 0.00
TOTAL INDIRECT EXPENSES 0.00
TOTAL EXPENDITURES 185,000.00
Contract # E20244680-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2024, Date: 09/29/2023
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B3 Attachment B3 - Equipment Inventory Schedule
Attachment B3 - Equipment Inventory Schedule
C Attachment C - Performance Report Requirements
Attachment C - Performance/Progress Report Requirements
E Attachment E - Program Requirements
Attachment E - Program Specific Requirements
Contract # E20244680-00, Oakland County of Prosecutors Office, Antiterrorism Emergency Assistance - 2024, Date: 09/29/2023
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1
Larkin, Mary A
From:noreply@egrams-mi.net
Sent:Tuesday, September 5, 2023 8:47 AM
To:Larkin, Mary A
Cc:FSRMDHHS@michigan.gov
Subject:Michigan Department of Health and Human Services Fiscal Year (FY) 2024 Allocations
for Antiterrorism Emergency Assistance - 2024
Sep 05, 2023
Mary Larkin, Project Director
Oakland County of Prosecutors Office
1200 N. Telegraph
Pontiac, MI 48341 1032
Dear Mary Larkin:
Your AEAP-2024 - Antiterrorism Emergency Assistance - 2024 allocation is $185000.00. This allocation is
based on anticipated FY 2024 Appropriations for Michigan Department of Health and Human Services
(MDHHS) and is subject to the availability of funds, MDHHS's anticipated Appropriation Act for FY 2024,
MDHHS approval, and State Administrative Board approval.
Please complete the application, including the work plan and budget, and submit it through MDHHS
EGrAMS within two weeks. Once the application is complete, it must be submitted by your agency’s
Authorized Official. This will facilitate timely processing of your agreement. If you are not able to submit
your application within this timeframe, please contact your Program Manager and a Grants Division team
member.
The allocation must be budgeted and expended consistent with the requirements contained in your
agreement.
If you have questions on how to submit your application, please contact a Grants Division team member
at 517-335-3359 or MDHHS-EGrAMS-HELP@michigan.gov.
Next Steps
The next steps in the MDHHS EGrAMS system for completing your work plan and budget and submitting
your application for MDHHS approval are as follows:
1. The person assigned as the Project Director in your agency will give each user in your agency access to the AEAP-2024 -
Antiterrorism Emergency Assistance - 2024 agreement in MDHHS EGrAMS.
2. Using a web browser, access MDHHS EGrAMS at http://egrams-mi.com/mdhhs. The recommended
web browser for use with MDHHS EGrAMS is Microsoft Edge. For your convenience, you can access
training videos, available on-demand, demonstrating how to use the MDHHS EGrAMS system by
clicking https://tinyurl.com/3nnzx83u.
3. Login to the MDHHS EGrAMS system.
CAUTION: This message is from a sender outside of the Oakland County organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
2
4. Access the application using the drop-down menus "Grantee>Grant Application>Enter Grant
Application" and click on "Go."
5. Select the AEAP-2024 - Antiterrorism Emergency Assistance - 2024 program and click the "Go"
button.
6. Select the hyperlink titled Oakland County of Prosecutors Office
7. Complete the face sheet, including your agency’s contact information. Click the "Save" button
before advancing to the next screen(s).
8. When completing the application tabs, it is highly recommended that you use the "Copy" button to
initially populate the data and modify the information to reflect the current-year work plan and
budget.
9. When the application has been entered, validated, and is error-free, it is ready for submission by
the Authorized Official. Use the drop-down menus "Grantee>Grant Application>Grant Application
Preview" and click the "Go" button. Select the hyperlink titled Oakland County of Prosecutors
Office. To submit the application to MDHHS, click on the "Submit" button on the grant application
preview screen.
A blank version of the FY 2024 Agreement Boilerplate is available on the MDHHS EGrAMS home page. To access this document,
before you login to MDHHS EGrAMS, click Bureau of Community Services located under the "Current Grants" header. Select the
hyperlink for the FY 2024 agreement and click on the "Documents" tab to access the documents.
Grantees can generate the Schedule of Finance Assistance on-demand using MDHHS EGrAMS. Grantees
that have worked with MDHHS in the past have previously found this information in the grant agreement.
To generate the Schedule of Finance Assistance, access MDHHS EGrAMS at http://egrams-mi.com/mdhhs.
Once logged in, path to Grantee > Grant Application > Schedule of Finance Assistance. Click Generate,
enter 2024 in the Fiscal Year field, and click Find. The Schedule can be saved as either an Excel or PDF
using the available buttons on the screen. The Schedule will reflect the most up-to-date funding
information at the time it is generated, and MDHHS recommends generating revised versions periodically
to capture any funding updates.
Technical Assistance
Technical assistance to complete the work plan and budget is available through a Grants Division team
member through the MDHHS EGrAMS Help Desk at 517-335-3359 or MDHHS-EGrAMS-
HELP@michigan.gov.
Thank you for your cooperation and support.
Sincerely,
Jeanette Hensler, Grants Division Director
Bureau of Grants and Purchasing
Michigan Department of Health and Human Services
1
Division of Victim Services
Attachment E
FY 2024
Antiterrorism Emergency Assistant Grant Program (AEAP)
NOTE: The asterisk (*) indicates where additional information can be found in the DVS Grantee
Guidelines.
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 – (STOPL and STOPC grantees exempt)
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.
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, type of assistance/services requested
and/or provided, information/referrals provided, and safety planning
7. Documents signed by the survivor in connection with services (Releases of
Information, consent forms etc.)
8. Method of service delivery (e.g., in person, phone, videoconference).
9. 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 contractors, 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 be documented and include at a minimu m:
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
DVS philosophy can be found in the DVS Grantee Guidelines.
2. New staff must be fully trained before providing services.
2
3. All 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 in the crime victim area to be served under this Agreement as
defined in Attachment E. See DVS Grantee Guidelines for training requirements.
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 and/or the completion of tasks or
activities (e.g. mandatory shelter chores, mandatory meetings with
advocate or therapist, mandatory parenting classes) 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 DVS Guiding Statement
2. The Grantee must adhere to the DVS Grantee Guidelines.
3. The Grantee shall notify the MDHHS-DVS, in writing, of organizational changes. *
4. DVS-funded organizations, with the exception of Federally recognized Tribes, must
report any conflicts or potential conflicts of interest to 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 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. *
3
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
DVS Grantee Guidelines. Annual certification is required. *
9. Fiscal Accountability*
a) Ensure that all income generated as a direct result of service provided in this
Agreement shall be accounted for and must be used for the purposes and
under the conditions of 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.
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’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, and
match contributions in sufficient detail to show exact nature of
activity
3. Data and information for each expenditure and match contribution
with proper reference to a supporting voucher or bill properly
approved.
4. After the fact timesheets describing work activity, signed and dated
by the employee and supervisor, to document time personnel
worked on grant related activities per 2 C.F.R. § 200.430. Match
hours must be documented in the same manner. 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 refle ct either
after the fact distribution of actual activities or certifications of
employee’s actual work performed. *
5. Maintenance of payroll authorizations and vouchers.
4
6. Maintenance of records supporting charges for fringe benefits.
7. Maintenance of inventory records for equipment purchased,
rented, and donated. A single piece of equipment (i.e., an item with
one item/part number) may not be split amongst multiple invoices,
although it may be prorated across multiple grants. Equipment m ay
not be purchased for use by an entity or agency other than the
Grantee.
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.
14. The Grantee must be able to provide supporting documentation for
grant expenditures within 3 days of request by MDHHS-DVS.
f) 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.
g) The Grantee shall not:
1. Purchase promotional items/trinkets for distribution.
2. Fundraising costs including direct costs for fundraising events, staff time to
participate in fundraising events, grant writing, etc. 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.
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.
a. Segregation or Sex Specific Programing: Grantees may not exclude any person
from receiving grant funded services on a number of prohibited grounds,
including that person’s sex. If sex segregation or sex -specific programming is
5
necessary to the essential operation of a program, nothing in this paragraph shall
prevent any such program or activity from consideration of an individual’s sex. In
such circumstances, grantees may meet the requirements of this paragraph by
providing comparable services to individuals who cannot be provided with the
sex-segregated or sex-specific programming.
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 it s programs,
services, and activities.
3. Program facilities must allow for full participation of clients with a variety of special
needs.
4. The organization will recruit 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.
1. 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.
2. 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 DVS -funded grant(s).
Auditors shall test the allowability of these selected costs in accordance with the criteria stated in
the DVS contract and approved budget to determine if charges were allowable to the 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 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.
6
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.
3. 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); 34 USC
§ 12291(b)(2) (VAWA); 42 USC § 10401 (FVPSA) 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); 34 USC § 12291(b)(2) (VAWA); 42 USC § 10401 (FVPSA).
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); 34 USC § 12291(b)(2) (VAWA); 42 USC § 10401 (FVPSA) 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
DVS grantees must provide assistance to potential recipients of crime victim compensation
benefits (including potential recipients who are victims of federal crime) in applying for such
benefits. *
J. General Terms and Conditions
Grantees must comply with the applicable federal Special Conditions. The special conditions
reference the recipient or any subrecipient. The recipient is the State of Michigan. Subrecipients
include grantees and any organization for which the grantee has subcontracted funding for
program implementation. DHHS grant agreements, found in Egrams, identify the funding
supporting each agreement. To identify the Special Conditions that apply to your DVS grant you
must know the federal grant name and applicable grant year. If you are unsure which federal grant,
grant year and/or conditions apply to your award, the information can be found in Egrams in your
grant award, or you may contact your grant analyst.
K. Purpose and Program Description
Program Name: Antiterrorism Emergency Assistance Program
Legal Authority: 42 U.S.C. 10601(d)(5), 42 U.S.C 10603b(b), 42 U.S.C 10603b(a)
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Federal Assistance #: 16.321
Purpose: The focus of the program is to provide victim assistance to the Oxford Community Schools
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. Those eligible for services are
Oxford Community students and staff, and first responders who responded to the incident. Indirect
victims are family (or those bound by a familial-type relationship) of direct victims and law
enforcement personnel, first responders, and/or others who interacted in a meaning ful way with
the direct victims.
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, emot ional,
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. The Division of Victim
Services will 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.
L. 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
8
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 four 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 S ervices.
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.
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.
*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) .
N. AEAP Grant Activities Service Definitions (if these activities are included in the AEAP Grant Budget)
1. 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.
2. Personal Advocacy and Accompaniment
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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.
3. 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.
4. 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.
5. 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 guidanc e.
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.
6. Criminal/Civil Justice System Assistance
Criminal/civil justice system assistance is confidential, culturally honoring, victimcentered , 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.
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7. 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.
8. 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 underrepresented and/or culturally marginalized groups.
O. AEAP Grant Conditions and/or Limitations
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 o ther 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)
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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, dissemina tes, 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.
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 aw ard.
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 certific ations 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).
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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, tha t the provision is utterly invalid
or -unenforceable, such provision shall be deemed severable from this award.
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 opportu nity 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."
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
13
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.
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 cos t 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
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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 mess aging 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.
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 Co nsolidated Appropriations Act,
2021, are set out at https://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.htm, and
are incorporated by reference here.
15
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).
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
16
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 pr ocess 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 posi tion in the
United States that is or will be funded (in whole or in part) with award funds.
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
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
EVerify@dhs.gov. E-Verify employer agents can email E-Verify at
EVerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to
MDHHSDVS, before award acceptance.
17
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 informatio n), 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 described 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 b y that agency.
2. If the Grantee does or is authorized under this award to make subawards
("subgrants"), procurement contracts, or both--
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
18
(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 agen cy making this
award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
18. 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 reclassification encompasse d 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 set out in other
award requirements.
19. O.JP 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.
20. All subawards ("subgrants") must have specific federal authorization
19
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.
21. 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 ent ity 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.
22. 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 indirectly,
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 offici al or
employee of any of them) with respect to the awarding of a federal grant or cooperative
20
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 tribes 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.
23. 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.
24. 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.
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25. 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.
26. 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.
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.
27. VOCA Requirements
The Grantee assures that it will comply and its subrecipients will comply 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
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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.
28. 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 a vailable until the end of FY 2024).
29. 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.
30. 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).
Oakland County Board of Commissioners
Board Chairperson’s Authorization to
Submit Electronic Online Grant Agreement
I authorize Mary Larkin, Victim Services Leader of the Oakland County Prosecutor’s
Office, to electronically submit the AEAP Anti-Terrorism FY’24 online “grant
agreement” and any follow-up information, as may be requested. It is understood the
grant agreement is submitted through the EGrAMS electronic system. It is further
understood the grant agreement has completed internal review and all required changes to
the grant agreement have been made as requested by the Oakland County review
departments.
___________________________________
David Woodward, Chairperson
Oakland County Board of Commissioners
This form reviewed by Oakland County Corporation Counsel on June 8, 2005. This is an important piece of
information; please keep an original copy of this document with your grant files.
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Date