HomeMy WebLinkAboutResolutions - 2024.12.12 - 41768
AGENDA ITEM: Interlocal Agreement with the Oakland County Health Network for the Behavioral
Threat Assessment Grant Program
DEPARTMENT: Sheriff’s Office
MEETING: Board of Commissioners
DATE: Thursday, December 12, 2024 11:11 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4747
Motion to approve the interlocal agreement with the Oakland County Health Network for the
Behavioral Threat Assessment Grant Program in the amount of $320,755 for the period October 1,
2024 through September 30, 2026; further, create one (1) new hourly classification titled Threat
Assessment Coordinator to be placed at salary grade HRL/115, FLSA Non-exempt; further create
one (1) Special Revenue (SR) full-time eligible (FTE) Sergeant in the Sheriff’s Office Emergency
Response and Preparedness Division (#4030501) for (1) year to be sunset on December 31, 2025
and one (1) SR 1,000 hours per year part-time non-eligible (PTNE) Threat Assessment Coordinator
in Emergency Management Division (#1110101) for two (2) years to be sunset on September 30,
2026; further, authorize the Chair of the Board of Commissioners to execute this agreement; further,
amended the FY 2025-FY2026 budget as detailed in the attached Schedule A.
ITEM CATEGORY SPONSORED BY
Interlocal Agreement Penny Luebs
INTRODUCTION AND BACKGROUND
The Oakland County Sheriff’s Office and Oakland County Emergency Management are entering into
an interlocal agreement with the Oakland County Health Network (OCHN) to expand threat
assessment activities through a community Threat Assessment Team (TAT) comprised of mental
health, law enforcement, and community partners. The OCHN has received a grant from the
Department of Homeland Security and is passing through $320,755 in grant funds to Oakland
County for this program and the grant period is October 1, 2024 through September 30, 2026.
Oakland County has experienced a significant increase in the number of threats of mass violence,
particularly after the shooting at Oxford High School. The TAT will build a continuum of behavioral
threat assessment and management (“BTAM”) that facilitates collaboration and communication
among partners while providing access to behavioral health services for individuals on the pathway
to violence. The TAT will work closely with community and faith-based organizations, behavioral
health providers, schools, courts, and other partners to provide training and raise awareness of
BTAM. The program design includes three project areas: BTAM Teams, Raising Societal
Awareness, and Bystander Training.
Funding will support one (1) Special Revenue (SR) full-time eligible (FTE) Sergeant in the Sheriff’s
Office Emergency Response and Preparedness Division (#4030501) for (1) year to be sunset on
December 31, 2025, and one (1) SR 1,000 hours per year part-time non-eligible (PTNE) Threat
Assessment Coordinator in Emergency Management Division (#1110101) for two (2) years to be
sunset on September 30, 2026.
POLICY ANALYSIS
Acceptance of this grant does not obligate the County to any future commitment and continuation of
the Special Revenue positions in the grant is contingent upon continued future levels of grant
funding.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Gaia Piir, Fiscal Officer
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 12/12/2024
AGENDA DEADLINE: 12/12/2024 7:00 PM
ATTACHMENTS
1. Schedule A - Interlocal Ag w OCHN for Behavioral Threat Assessment Grant
2. Grant Review Sign-Off
3. OCSO and OCEM - Behavioral Threat Assessment Grant HR write up.doc (002)
4. Interlocal Agreement OCSO-OSEM_Final Clean
5. TVTP-EMW-2024-GR-05155 - Award Package
COMMITTEE TRACKING
2024-12-03 Public Health and Safety - Forward to Finance
2024-12-04 Finance - Recommend to Board
2024-12-12 Full Board - Adopt
Motioned by: Commissioner Linnie Taylor
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Christine Long, Robert
Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor
(16)
No: None (0)
Abstain: None (0)
Absent: Michael Gingell, Kristen Nelson, Ajay Raman (3)
Passed
Oakland County, Michigan
Sheriff's Office - Interlocal agreement with the Oakland County Health Network for the Behavioral Threat Assessment Grant Program
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID (GRN)
#
Projec
t ID #
(PROJ
)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2025
Amendment
FY 2026
Amendment
FY 2027
Amendment
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 RC610313 PRG110005 GRN-1004581 610000 Federal Operating Grants $140,444 56,135
R
Emergency Management and
Homeland Security FND11003 CCN1110101 RC610313 PRG115120 GRN-1004581 610000 Federal Operating Grants $61,558 $62,618 $-
Total Revenues $202,002 $118,753 $-
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC702010 PRG110005 GRN-1004581 702000 Salaries Regular $85,006 $28,335
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC722790 PRG110005 GRN-1004581 722000 Social Security $6,503 $2,168
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC722770 PRG110005 GRN-1004581 722000 Retirement $20,019 $6,673
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC722810 PRG110005 GRN-1004581 722000 Disability $1,454 $485 $-
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC722820 PRG110005 GRN-1004581 722000
Unemployment Insurance
(Personnel)$51 $17
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC722760 PRG110005 GRN-1004581 722000 Group Life $213 $71
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC722750 PRG110005 GRN-1004581 722000 Workers Compesation $544 $181
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC722780 PRG110005 GRN-1004581 722000 Hospitalization (Personnel)$11,993 $3,965
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC722800 PRG110005 GRN-1004581 722000 Dental $581 $194
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC722850 PRG110005 GRN-1004581 722000 Optical $51 $17
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC731346 PRG110005 GRN-1004581 730000 Personal Mileage $6,030 $6,030
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC732018 PRG110005 GRN-1004581 730000 Travel and Conference $3,000 $3,000
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC750399 PRG110005 GRN-1004581 750000 Office Supplies $2,500 $2,500
E
Sheriff - Emergency Response
and Preparedness
Administration FND11003 CCN4030501 SC731941 PRG110005 GRN-1004581 730000 Training $2,500 $2,500
E
Emergency Management and
Homeland Security FND11003 CCN1110101 SC702010 PRG115120 GRN-1004581 702000 Salaries Regular $33,739 $34,750
E
Emergency Management and
Homeland Security FND11003 CCN1110101 SC722790 PRG115120 GRN-1004581 722000 Social Security $489 $504
E
Emergency Management and
Homeland Security FND11003 CCN1110101 SC722770 PRG115120 GRN-1004581 722000 Retirement $904 $931
E
Emergency Management and
Homeland Security FND11003 CCN1110101 SC722820 PRG115120 GRN-1004581 722000
Unemployment Insurance
(Personnel)$20 $21
E
Emergency Management and
Homeland Security FND11003 CCN1110101 SC722750 PRG115120 GRN-1004581 722000 Workers Compesation $216 $222
Emergency Management and
Homeland Security FND11003 CCN1110101 SC730373 PRG115120 GRN-1004581 730000 Contracted Services $16,515 $16,515
E
Emergency Management and
Homeland Security FND11003 CCN1110101 SC731346 PRG115120 GRN-1004581 730000 Personal Mileage $1,675 $1,675
E
Emergency Management and
Homeland Security FND11003 CCN1110101 SC732018 PRG115120 GRN-1004581 730000 Travel and Conference $3,000 $3,000
E
Emergency Management and
Homeland Security FND11003 CCN1110101 SC750399 PRG115120 GRN-1004581 750000 Office Supplies $2,500 $2,500
E
Emergency Management and
Homeland Security FND11003 CCN1110101 SC731941 PRG115120 GRN-1004581 730000 Training $2,500 $2,500
Total Expenditures $202,002 $118,753 $-
Oakland County, Michigan
Sheriff's Office - Interlocal agreement with the Oakland County Health Network for the Behavioral Threat Assessment Grant Program
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID (GRN)
#
Projec
t ID #
(PROJ
)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2025
Amendment
FY 2026
Amendment
FY 2027
Amendment
GRANT REVIEW SIGN-OFF – Sheriff’s Office/Homeland Security AWD00577
GRANT NAME: FY 2025 Behavioral Threat Assessment Grant
FUNDING AGENCY: Oakland County Health Network
DEPARTMENT CONTACT PERSON: Capt. Todd Hill (248)858-5417/Thom Hardesty(248)452-9578
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 11/26/2024
Please be advised that the captioned grant materials have completed the 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) should be downloaded into Civic Clerk and placed
on the next agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Shannon Lee (11/25/2024)
Human Resources:
Approved by Human Resources. Creates one new hourly classification. Creates one FTE position and one PTNE position
to be sunset on September 30, 2026. HR action is needed. The department has been provided an updated MR to use and an
HR Write-Up from their assigned HR Analyst. – Hailey Matthews on behalf of Heather Mason (11/18/2024)
Risk Management:
Approved. The interlocal agreement requires the County to purchase a general liability policy and also name OCHN and
the State of Michigan as additional insured. The County is self-insured for general liability and as such cannot name
another entity as an additional insured. Before the agreement is finalized it must be modified to allow the County to self-
insure and remove the additional insured requirement. If these changes are not made the County cannot comply with the
insurance terms of the agreement.– Robert Erlenbeck (11/13/2024)
Corporation Counsel:
Approved. There are no legal issues with revised agreement provided to the department on 11/26/24.– Sharon Kessler
(11/26/2024)
[Revised interlocal agreement is attached]
REQUEST:
1. Create one (1) new hourly classification titled Threat Assessment Coordinator to be placed at
salary grade HRL/115, FLSA Non-exempt.
2. Create one (1) FTE SR funded Sergeant position within the Sheriff’s Office Emergency Response
and Preparedness Division (#4030501) to be sunset on December 31, 2025.
3. Create one (1) PTNE SR funded 1,000 hours per year part-time non-eligible (PTNE) Threat
Assessment Coordinator position within Emergency Management Division (#1110101) to be
sunset on September 30, 2026.
PROPOSED FUNDING:
Department of Homeland Security and is passing through $320,755 in grant funds to Oakland County
Health Network (OCHN).
OVERVIEW:
Oakland County Sheriff’s Office and Oakland County Emergency Management are entering into an
interlocal agreement with the Oakland County Health Network (OCHN) to expand threat assessment
activities through a community Threat Assessment Team (TAT) comprised of mental health, law
enforcement, and community partners. Oakland County has experienced a significant increase in the
number of threats of mass violence, particularly after the shooting at Oxford High School. The TAT will
build a continuum of behavioral threat assessment and management (“BTAM”) that facilitates
collaboration and communication among partners while providing access to behavioral health services for
individuals who are on the pathway to violence. In order to handle the increased workload, it is requested
to create one (1) new hourly classification titled Threat Assessment Coordinator to be placed at salary
grade HRL/115, FLSA Non-exempt, create one (1) FTE SR funded Sergeant position within the Sheriff’s
Office Emergency Response and Preparedness Division (#4030501) to be sunset on December 31, 2025,
and create one (1) PTNE SR funded 1,000 hours per year part-time non-eligible (PTNE) Threat Assessment
Coordinator position within Emergency Management Division (#1110101) to be sunset on September 30,
2026.
COUNTY EXECUTIVE RECOMMENDATION:Recommended as Requested.
PERTINENT SALARIES FY 2025
Classification Period Step 01 Step 12 Step 24
Sergeant
Hourly
Bi-wkly
Annual
48.9348
3,914.78
101,784
49.9220
3,993.76
103,838
51.0105
4,080.84
106,102
Classification Period Step 01 Step 12 Step 24 Step 36 Step 48 Step 60 Step 72 Step 84
Threat
Assessment
Coordinator
Hourly 25.1818 26.4043 27.6265 28.8491 30.0714 31.2940 32.5164 33.7388
*Note: Annual rates are shown for illustrative purposes only.
SALARY AND FRINGE BENEFIT SAVINGS
**Note: Fringe benefit rates displayed are County averages. Annual costs are shown for illustrative
purposes only. Actual costs are reflected in the budget amendment.
Create one (1) SR FTE Sergeant position
Salary @ step 12 $103,838
Fringes @ 33.86% $35,160
Direct Contract Charge $16,834
Cost $155,832
Create one SR (1) PTNE 1,000 hours per year Threat
Assessment Coordinator position
Salary @ step 12 $26,404
Fringes @ 4.83%$1,275
Cost $27,679
Total Cost $183,511
Page 1 of 29
AGREEMENT FOR LOCAL FISCAL RECOVERY FUND DISTRIBUTION
BETWEEN
OAKLAND COUNTY AND OAKLAND COMMUNITY HEALTH NETWORK
This Agreement (the "Agreement") is made by and between Oakland County, a Municipal and
Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and
Oakland Community Health Network, 5505 Corporate Drive, Troy MI 48098 (“OCHN”). County and
OCHN each a “Party” and, collectively, “Parties”.
WHEREAS, OCHN is a Michigan quasi-governmental entity established pursuant to the
Michigan Mental Health Code;
WHEREAS, OCHN received a grant from the Department of Homeland Security (DHS) for the
delivery of Behavioral Threat Assessment Services (“Grant Agreement”);
WHEREAS, the Parties desire to leverage funds from the Grant Agreement to expand threat
assessment activities through a community Threat Assessment Team comprised of employees of OCHN,
Oakland County Sheriff’s Office (“OCSO”), Oakland County Office of Emergency Management
(“OCEM”), and other community partners to mitigate threats and reduce targeted violence in Oakland
County;
WHEREAS, The County and OCHN each desire to enter into the Agreement which sets forth and
describes the terms and conditions related to the use of the funds from the Grant Agreement;
NOW THEREFORE, in consideration of the mutual promises, obligations, representations, and
assurances in this Agreement, the Parties agree to the following:
1.DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, shall be defined, read, and interpreted as follows:
1.1.Agreement means the terms and conditions of this Agreement and any other mutually agreed
to written and executed amendments, attachments, and exhibits.
1.2.Claims means any losses, claims, complaints, demand for relief or damages, lawsuits, causes of
action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses,
of any kind which is imposed on, incurred by, or asserted against OCHN or the County, for
which OCHN or the County may become legally or contractually obligated to pay or defend
against, whether commenced or threatened, including, but not limited to, reimbursement for
reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs,
investigation expenses, litigation expenses, or amounts paid in settlement.
Page 2 of 29
1.3.Confidential Information means all information and data that each Party is required or
permitted by law to keep confidential. Confidential Information does not include any
information that is subject to Michigan’s Freedom of Information Act, 1976 PA 442, as
amended.
1.4.County means Oakland County, a Municipal and Constitutional Corporation, including, but
not limited to, all of its departments, divisions, the County Board of Commissioners, elected
and appointed officials, directors, board members, council members, commissioners,
authorities, committees, employees, agents, volunteers, and/or any such persons’ successors.
1.5.Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6.Event of Default means the failure of performance or breach by a Party to carry out its duties
and obligations under this Agreement or, with respect to a Party, if any representation or
warranty of such Party was materially not accurate when made, and such obligation has not
been performed or such representation or warranty has not been corrected within the cure
period as defined below after written notice thereof has been given by the other Party. Event
of Default also means any filing of bankruptcy or bankruptcy reorganization by County.
1.7.Exhibits mean the following exhibits, which are incorporated into this Agreement.
Exhibit I: Grant Agreement
Exhibit II: Scope of Services & Budget
Exhibit III: Insurance Requirements
Exhibit IV: Business Associate Agreement
Exhibit V: Federal Provisions Addendum
1.8.Grant Agreement means the agreement executed between DHS and OCHN for the Delivery
of Behavioral Threat Assessment Services.
1.9.Grant Funds means the monies allocated through the Grant Agreement.
1.10.Points of Contact mean the individuals designated by County and identified to OCHN to act
as contacts for communication and other purposes as described herein.
1.11.Services means the services that County must provide pursuant to this Agreement, which are
further described and defined in this Agreement and the Exhibits hereto.
2.TERM AND DURATION OF AGREEMENT. This Agreement shall commence on October 1,
2024 and shall terminate September 30, 2026 or until all funds allocated under the Grant Agreement
are dispersed, whichever occurs first. This Agreement may be extended upon OCHN’s sole discretion
for an additional one-year period (the “Extension Period”). All terms and conditions contained in this
Agreement shall apply equally, during the Extension Period.
3.COUNTY RESPONSIBILITIES.
Page 3 of 29
3.1.Compliance with Agreement and Exhibits. County shall perform, conduct, and complete
all Services, duties, and obligations contained in this Agreement, including each Exhibit.
County shall proceed with due care and diligence in accordance with reasonable industry
standards for similar services when performing, conducting, and completing the Services,
duties, and obligations under this Agreement.
3.2.Compliance with Grant Agreement. County shall comply with all applicable terms and
conditions of the Grant Agreement attached as Exhibit I to this Agreement.
3.3.Points of Contact. County shall designate a representative(s) to act as a Point of Contact
with OCHN. The Point of Contact’s responsibilities shall include:
3.3.1. Direct coordination and interaction with OCHN staff.
3.3.2. Communication with the general public when appropriate.
3.4.Payment of Contractors, Subcontractors, Lessors, Independent Contractors, and
Agents. County shall pay all County employees, contractors, subcontractors, lessors,
independent contractors, or agents. In no event shall OCHN pay any County employee,
contractor, subcontractors, lessor, independent contractor, or agent directly.
3.5.Legal Requests For Information. If OCHN receives a court order, a Freedom of Information
Act (FOIA) request, or other legal request to provide OCHN information or data held by
County, then OCHN shall notify County of such request and County shall comply to the extent
practicable under state and federal law.
4.OCHN RESPONSIBILITIES.
4.1.Payments. OCHN shall pay County subject to and in accordance with the terms set forth in
this Agreement and Exhibit II.
4.2.No Obligations. OCHN is not obligated or required to provide any payments or services
that are not specified in this Agreement.
5. PAYMENTS.
5.1.Payments. Fees, charges, rates, and payment terms are set forth in Exhibit II.
5.2.Sufficient Monies. County acknowledges and agrees that all Services provided under this
Agreement will be paid for with Grant Funds. It is anticipated that there will be sufficient Grant
Funds to meet the duties and obligations under this Agreement. However, if for any reason the
Grant Funds do not provide sufficient monies to satisfy such duties and obligations, County
shall have no claim or further recourse of any kind or nature against OCHN except from
available Grant Funds; and if for any reason the Grant Funds are insufficient or there are none,
then County assumes full responsibility for any such loss or cost. Nothing in the preceding
sentence shall limit or restrict County’s ability to terminate this Agreement or request an
amendment to the Grant Agreement, subject to OCHN’s or DHS’s process to review, approve,
modify, or deny any proposed amendment.
Page 4 of 29
6.ASSURANCES/LIABILITY/INSURANCE.
6.1.Responsibility for Claims. Each Party shall be responsible for any Claims made against that
Party by a third party, and for the acts of its Agents/Employees arising under or related to this
Agreement.
6.2.Responsibility for Attorney Fees and Costs. Each Party shall seek its own legal
representation and bear the costs associated with such representation, including judgments and
attorney fees.
6.3.No Indemnification. Neither Party shall have any right under this Agreement or under any
other legal principle to be indemnified or reimbursed by the other Party or any of its
Agents/Employees in connection with any Claim.
6.4.Costs, Fines, and Fees for Noncompliance. County, not OCHN, shall be solely responsible
for all costs, fees, fines and penalties associated with its performance of this Agreement to the
extent caused by County or required for County to provide the services herein.
6.5.Reservation of Rights. This Agreement does not, and is not intended to, impair, divest,
delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, or immunity of the Parties. Nothing in this Agreement shall be construed as
a waiver of governmental immunity for either Party.
6.6.Authorization and Completion of Agreement. The Parties have taken all actions and secured
all approvals necessary to authorize and complete this Agreement. The persons signing this
Agreement on behalf of each Party have legal authority to sign this Agreement and bind the
Parties to the terms and conditions contained herein.
6.7.Compliance with Laws. Each Party shall comply with all federal, state, and local ordinances,
regulations, administrative rules, and requirements applicable to its activities performed under
this Agreement.
6.8.Insurance. At all times during this Agreement, each Party shall obtain and maintain insurance
according to the requirements listed in Exhibit III.
7.CONFIDENTIAL INFORMATION.
7.1.Disclosure and Use. The Parties shall not reproduce, provide, disclose, or give access to
Confidential Information to County or OCHN employees, agents, or contractors not having a
legitimate need to know the Confidential Information, or to any third-party. County and OCHN
shall only use the Confidential Information for performance of this Agreement.
Notwithstanding the foregoing, the Parties may disclose the Confidential Information if
required by law, statute, or other legal process provided that the Party required to disclose the
information: (i) provides prompt written notice of the impending disclosure to the other Party,
(ii) provides reasonable assistance in opposing or limiting the disclosure, and (iii) makes only
Page 5 of 29
such disclosure as is reasonably compelled or required. This Agreement imposes no obligation
upon the Parties with respect to any Confidential Information when it can established by legally
sufficient evidence that the Confidential Information: (i) was in possession of or was known
by the receiving party prior to its receipt from the disclosing Party, without any obligation to
maintain its confidentiality; (ii) was obtained from a third party having the right to disclose it,
without an obligation to keep such information confidential; or (iii) is or becomes publicly
available by means other than unauthorized disclosures by the receiving Party.
7.2.Return or Destruction. Subject to any record retention laws or legal requirements, within
five (5) business days after receiving a written request from the other Party, or upon termination
of this Agreement, the receiving Party shall return or destroy all of the disclosing Party’s
Confidential Information.
8.REPRESENTATIONS AND WARRANTIES.
8.1.Power to Enter into Agreement. Each Party represents and warrants to the other Party it has
all necessary corporate power and authority to enter into and perform this Agreement. The
execution and delivery of this Agreement and the performance and completion of the Services
herein have been authorized by all requisite action of each Party, and this Agreement constitutes
a valid and binding agreement of each Party enforceable in accordance with its terms and
conditions.
8.2.Compliance. Each Party will comply with all obligations, covenants and conditions required of
it or its agents or contractors under the terms of this Agreement and the Grant Agreement.
8.3.No Misrepresentation. Neither Party has not made any misrepresentation of fact in the
inducement or in the performance or administration of this Agreement.
9.DISPUTE RESOLUTION. All disputes relating to the execution, interpretation, performance, or
nonperformance of this Agreement involving or affecting the Parties may first be submitted to
County's OCSO Division Commander and OCEM Director and OCHN’s Point of Contact. They may
promptly meet and confer in an effort to resolve such dispute. If they cannot resolve the dispute in
five (5) business days, the dispute may be submitted to the chief executive officials of each Party or
their designees. The chief executive officials or their designees may meet promptly and confer in an
effort to resolve the dispute.
10.DEFAULT AND TERMINATION.
10.1.Non-Monetary Default. Upon the occurrence of an Event of Default, and failure to cure such
Event of Default within thirty (30) days after receipt of written notice of such Event of Default,
the non-defaulting Party may terminate this Agreement by giving written notice to the
defaulting Party, provided, however, that if such Event of Default requires more than thirty
(30) days to cure, and if such defaulting Party shall commence and diligently proceed to cure
the Event of Default within such thirty (30) days, then the Defaulting party shall have an
additional fifteen (15) days, or if the Parties are in agreement a longer time, to cure the Event
of Default.
10.2.Monetary Event of Default. If an Event of Default involves a monetary default, it shall be
cured within fifteen (15) days rather than thirty (30) days. If the monetary Event of Default is
Page 6 of 29
not cured within this time period, then the non-defaulting party shall have the right to terminate
this Agreement or, at the election of such non-defaulting party, may obtain any form of relief
permitted under this Agreement, and applicable law, including, without limitation, the right to
seek and obtain a decree of specific performance from a court of competent jurisdiction.
10.3.Cumulative Remedy. Any right or remedy provided by a specific provision of this Agreement
shall be deemed cumulative to, and not conditioned on, any other remedies upon Event of
Default.
11.SUSPENSION OF SERVICES. OCHN, through its Chief Executive Officer may immediately
suspend payment of Grant Funds for any of the following reasons: (i) requests by law enforcement or
other governmental agencies; (ii) engagement by County in fraudulent or illegal activities relating to
the Services provided herein. The right to suspend this Agreement is in addition to the right to
terminate this Agreement set forth in Section 10. OCHN shall not incur any penalty, expense or
liability if the Agreement is suspended under this Section.
12.DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or rights
under this Agreement without the prior written consent of the other Party.
13.AMENDMENT. No amendment or modification to or of this Agreement shall be effective and
binding upon any Party until such amendment or modification is reduced to writing and executed by
all Parties.
14.NO EMPLOYEE-EMPLOYER RELATIONSHIP. Nothing in this Agreement shall be construed
as creating an employee-employer relationship between County and OCHN. At all times and for all
purposes under this Agreement, the Parties’ relationship to each other is that of an independent
contractor. Each Party will be solely responsible for the acts or omissions of its employees,
contractors, and agents during the term of this Agreement. No liability, right or benefits arising out
of an employer/employee relationship, either express or implied, shall arise or accrue to either Party
as a result of this Agreement.
15.NO THIRD-PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to subrogation, and/or any other right in favor of any other person or entity.
16.NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
17.SEVERABILITY. If a court of competent jurisdiction finds a term or condition of this Agreement
to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All
other terms, conditions, and provisions of this Agreement shall remain in full force.
18.PRECEDENCE OF DOCUMENTS. In the event of a conflict between the terms and conditions of
any of the documents that comprise this Agreement, the terms in this Agreement shall prevail and take
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precedence over any allegedly conflicting terms and conditions in the Exhibits, attachments, or other
documents that comprise this Agreement.
19.CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted
or be considered as part of this Agreement. Any use of the singular or plural, any reference to gender,
and any use of the nominative, objective or possessive case in this Agreement shall be deemed the
appropriate plurality, gender or possession as the context requires.
20.FORCE MAJEURE. Notwithstanding any other term or provision of this Agreement, neither Party
shall be liable to the other for any failure of performance hereunder if such failure is due to any cause
beyond the reasonable control of that Party and that Party cannot reasonably accommodate or mitigate
the effects of any such cause. Such cause shall include, without limitation, acts of God, fire, explosion,
vandalism, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, other
labor difficulties, or any law, order, regulation, direction, action, or request of the United States
government or of any other government. Reasonable notice shall be given to the affected Party of any
such event.
21.NOTICES. Except as otherwise provided in the Exhibits, notices given under this Agreement shall
be in writing and shall be personally delivered, sent by confirmed e-mail, express delivery service,
certified mail, or first-class U.S. mail postage prepaid, and addressed to the person listed below. Notice
will be deemed given on the date when one of the following first occur: (i) the date of actual receipt;
(ii) the next business day when notice is sent express delivery service or personal delivery; or (iii) three
days after mailing first class or certified U.S. mail.
21.1. If Notice is sent to County, it shall be addressed and sent to: (1) County of Oakland (1200 N
Telegraph Road, Pontiac, MI 48341) and (2) the Chairperson of the Oakland County Board of
Commissioners, 1200 North Telegraph Road, Pontiac, Michigan 48341.
21.2. If Notice is sent to OCHN, it shall be addressed to: OCHN’s Legal Department, Attn: Legal
Counsel 5505 Corporate Dr. Troy, MI 48098 and OCHN’s Chief Operating Officer, 5505
Corporate Dr. Troy, MI 48098.
21.3. Either Party may change the individual to whom Notice is sent and/or the mailing address by
notifying the other Party in writing of the change.
22.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be
governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required
by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or
related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan,
the 50th District Court of the State of Michigan, or the United States District Court for the Eastern
District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except
as otherwise required by law or court rule, venue is proper in the courts set forth above.
23.SURVIVAL OF TERMS. The Parties understand and agree that all terms and conditions of this
Agreement that require continued performance, compliance, or effect beyond the termination date of
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the Agreement shall survive such termination date and shall be enforceable in the event of a failure to
perform or comply.
24.COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be an
original and all of which shall constitute the same instrument.
25.ENTIRE AGREEMENT.
25.1.Entire Understanding. This Agreement represents the entire agreement and understanding
between the Parties regarding its subject, including the Services described in the attached
Exhibits, and supersedes all previous representations, discussions, and written agreements not
expressly incorporated herein.
25.2.Agreement Construction. The language of this Agreement shall be construed as a whole
according to its fair meaning, and not construed strictly for or against any Party.
-SIGNATURE PAGE TO FOLLOW-
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IN WITNESS WHEREOF, Trisha Zizumbo, OCHN Chief Operating Officer, acknowledges that
they have been authorized to execute this Agreement on behalf of OCHN and accepts and binds OCHN
to the terms and conditions of this Agreement.
EXECUTED: ____________________________________ DATE: _______________
Trisha Zizumbo
Chief Operating Officer
WITNESSED: ___________________________________ DATE: _______________
Robert Blumenfeld
Chief Financial Officer
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of
Commissioners, acknowledges that he has been authorized to execute this Agreement on behalf of
Oakland County and accepts and binds Oakland County to the terms and conditions of this Agreement.
EXECUTED: ____________________________________ DATE: _______________
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: ___________________________________ DATE: _______________
Oakland County Board of Commissioners
County of Oakland
IN WITNESS WHEREOF, Michael J. Bouchard, in his official capacity as the Oakland County
Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the County of Oakland to the terms
and conditions of this Agreement.
EXECUTED: ____________________________________ DATE: _______________
Michael J. Bouchard
Oakland County Sheriff
WITNESSED: ___________________________________ DATE: _______________
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EXHIBIT I
GRANT AGREEMENT
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EXHIBIT II
SCOPE OF SERVICES AND BUDGET
Scope of Work for Threat Assessment Team
Overview:
To effectively mitigate threats and reduce targeted violence in Oakland County, Michigan, OCHN, OSCO,
and OCEM will expand threat assessment activities through a community Threat Assessment Team
(“TAT”) compromised of mental health, law enforcement, and community partners. Oakland County has
experienced a significant increase in the number of threats of mass violence, particularly after the shooting
at Oxford High School. The TAT will build a continuum of behavioral threat assessment and management
(“BTAM”) that facilitates collaboration and communication among partners while providing access to
behavioral health services for individuals who are on the pathway to violence. The TAT will work closely
with community and faith-based organizations, behavioral health providers, schools, courts, and other
partners to provide training and raise awareness of BTAM. The program design includes three project
areas: BTAM Teams, Raising Societal Awareness, and Bystander Training. Funding will support two (2)
staff members (one position at OSCO and one position at OCEM), community awareness activities, and
educational trainings. By fostering collaboration, enhancing awareness, and providing necessary resources
for training, prevention, intervention, and treatment, the TAT will contribute to a safer community for all
residents.
Program Goals and Objectives:
As the primary grant awardee, OCHN is responsible for leading grant management activities, ensuring
compliance with DHS requirements, and ensuring implementation of the defined project goals and
objectives. As partners in the TAT and subrecipients of the DHS grant, OCSO and OCEM are responsible
for contributing to the management of the grant requirements and implementation of program goals as
defined below:
Grant management:
•Provide accurate and timely financial reports and invoices
•Contribute to DHS communications, meetings, and requests, as needed
•Provide data (as available) to support reporting
Goal #1: Expand and enhance a county-wide, multidisciplinary BTAM response that identifies risk factors
for targeted violence and individuals who may be on a pathway to violence, by strengthening local
partnerships and assessment processes
•Contribute to policies and procedures manual
•Attend BTAM meetings
•Bring new cases to group
•Conduct case reviews
•Contribute to recruitment of new BTAM members
•Attend threat assessment conferences / events
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Goal #2: Create opportunities for individuals exhibiting signs of being on a pathway to violence to connect
to services and supports that increase protective factors and decrease risk factors, including treatment for
mental health or substance use disorders (“SUD”) and resources addressing the social determinants of
health (“SDOH”).
•Provide law enforcement and other relevant Oakland County data as required, available, and in
compliance with applicable laws, regulations, and County policies.
•Support coordination of behavioral health referrals as appropriate
Goal #3: Raise public awareness of the warning signs of the pathway to violence and reduce the stigma
surrounding behavioral health services, in order to promote protective factors that help to create safe
school, campus, and work climates.
•Contribute to public awareness messaging to specific groups (i.e. law enforcement, schools,
elected officials) as needed
•Contribute to public presentations as needed
•Contribute to briefs/ reports as needed
Goal #4: Conduct threat assessment training courses that are tailored to different audiences with varying
levels of expertise in order to develop the foundation for a comprehensive community response to
targeted violence.
•Pursue Master Trainer certification
•Participate in BTAM trainings and other professional development activities procured by
OCHN
•Contribute to development of bystander training curriculum
•Provide a minimum of 12 bystander trainings
Budget for Services
The total two-year budget for OCEM and OCSO is detailed below:
#Description OCEM OCSO Total
1.Staff Salary $0 $113,341 $113,341
2.Staff Fringe Benefits $0 $55,178 $55,178
3.Contracted / Part-time staff $104,826 $0 $104,826
4.Mileage ($0.67/mile)$3,350 $12,060 $15,410
5.Travel / Conference $6,000 $6,000 $12,000
6.Supplies $5,000 $5,000 $10,000
7.Training $5,000 $5,000 $10,000
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TOTAL $124,176 $196,579 $320,755
Compensation & Invoicing
During the term of the Agreement all amounts due under this Agreement shall be billed and paid for in
the following manner (i) County shall invoice the OCHN on a quarterly basis and such invoice set forth a
description of the services provided and reasonable documentation demonstrating the charges, including,
where applicable, cost allocation for all services that County delivered during the preceding month, and
(ii) each such invoice shall be payable by the OCHN within thirty (30) days of the invoice date. OCHN
shall fund County in accordance with the budget pursuant to the terms of the agreement. County shall
submit costs in accordance with the mutually agreed upon procedure. OCHN agrees to be responsible for
the costs associated with the administration of the program and services under this Statement of Work in
accordance with the terms of the Agreement.
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EXHIBIT III
INSURANCE REQUIREMENTS
During this Agreement, County shall provide and maintain, at County’s expense, all insurance or
governmental self-insurance as set forth and marked below. The insurance shall be written for not less
than any minimum coverage herein specified.
Required Limits Additional Requirements
Commercial General Liability Insurance
Minimum Limits:
$1,000,000 Each Occurrence
$1,000,000 Personal & Advertising
Injury
$2,000,000 General Aggregate
$2,000,000 Products/Completed
Operations
Except for governmental self-insurance,
County must have their policy endorsed to
add “OCHN its employees, divisions,
offices, or officers, commissions, and
agents” as additional insureds using
endorsement CG 20 10 11 85, or both CG
2010 07 04 and CG 2037 07 04.
Automobile Liability Insurance
Minimum Limits:
$1,000,000 Per Accident
Except for governmental self-insurance,
County must have their policy: (1) endorsed
to add “OCHN”, its departments, divisions,
agencies, offices, commissions, officers,
employees, and agents” as additional
insureds; and (2) include Hired and Non-
Owned Automobile coverage.
Workers' Compensation Insurance
Minimum Limits:
Coverage according to applicable
laws governing work activities
Waiver of subrogation, except where waiver
is prohibited by law.
Employers Liability Insurance
Minimum Limits:
$500,000 Each Accident
$500,000 Each Employee by Disease
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$500,000 Aggregate Disease
Privacy and Security Liability (Cyber Liability) Insurance
Minimum Limits:
$1,000,000 Each Occurrence
$3,000,000 Annual Aggregate
County must have their policy cover
information security and privacy liability,
privacy notification costs, regulatory defense
and penalties, and website media content
liability.
Professional Liability (Errors and Omissions) Insurance
Minimum Limits:
$1,000,000 Each Occurrence
$3,000,000 Annual Aggregate
All insurance must be effected under valid and enforceable policies, issued by recognized, responsible
insurers qualified to conduct business in Michigan which are well-rated by national rating organizations.
All companies providing the required coverage shall be licensed or approved by the Insurance Bureau of
the State of Michigan and shall have a financial rating not lower than XI and a policyholder's service rating
not lower than [A] as listed in A.M. Best's Key Rating guide, current edition or interim report.
Except for governmental self-insurance, insurance policies must name OCHN as additional insured and
loss payee and must not be canceled or materially changed without at least thirty (30) days prior written
notice from the County to OCHN. County must submit certificates evidencing the insurance to OCHN at
the time the County executes this Contract, and at least fifteen (15) days prior to the expiration dates of
expiring policies.
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EXHIBIT IV
BUSINESS ASSOCIATE AGREEMENT
Exhibit IV is a Business Associate Agreement (“Agreement”) between OCHN (“Covered Entity”) and the
County (“Business Associate”). The purpose of this Agreement is to facilitate compliance with the
Privacy and Security Rules and to facilitate compliance with HIPAA and the HITECH Amendment to
HIPAA. The Parties agrees as follows:
1. PERMITTED USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
1.1. Use of PHI. Business Associate may disclose PHI for purposes authorized by this agreement
only to its employees, subcontractors and agents, in accordance with Section 2.1.5, as directed
by the Covered Entity or as otherwise permitted by the terms of this Agreement. Business
Associate may use PHI for purposes of providing the services in this Agreement.
1.2. Disclosure of PHI. Disclosure to third parties. Business Associate shall not disclose PHI to any
other person (other than members of Business Associate’s workforce), except as permitted by
applicable laws and regulations under the Health Insurance Portability and Accountability Act
of 1996 (HIPAA). Business Associate shall not disclose PHI to any member of its workforce
unless Business Associate has trained workforce member on the privacy and confidentiality
requirements under HIPAA including the role and responsibilities as a Business Associate of
the Contractor.
Business Associate acknowledges that in receiving, storing, processing, or otherwise dealing
with any patient records from Covered Entity, it is fully bound by the regulations in 42 C.F.R.
Part 2, and, if necessary, will resist in judicial proceedings any efforts to obtain access to patient
identifying information related to substance use disorder diagnosis, treatment, or referral for
treatment except as permitted by 42 C.F.R. Part 2.
2. RESPONSIBILITIES OF THE PARTIES WITH RESPECT TO PROTECTED HEALTH
INFORMATION
2.1. Responsibilities of the Business Associate. With regard to its use and/or disclosure of
Protected Health Information, the Business Associate hereby agrees to do the following:
2.1.1. Use and/or disclose the Protected Health Information only as permitted or required by
this Agreement or as otherwise required by law.
2.1.2. Maintain a record of all disclosures of PHI made otherwise than permitted by this
agreement, including the date of the disclosure, the name and, if known, the address
of the recipient of the PHI, a brief description of the PHI disclosed, and the purpose
of the disclosure. Business Associate shall make such record available to Covered
Entity upon request.
2.1.3 Establish procedures for mitigating, to the greatest extent possible, any deleterious
effects from any improper use and/or disclosure of Protected Health Information that
the Business Associate reports to the Covered Entity.
2.1.4. Use commercially reasonable efforts to maintain the security of the Protected Health
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Information and to prevent unauthorized use and/or disclosure of such Protected
Health Information.
2.1.5. Require all of its subcontractors and agents that receive or use, or have access to,
Protected Health Information under this Agreement to agree, in writing, to adhere to
the same restrictions and conditions on the use and/or disclosure of Protected Health
Information that apply to the Business Associate under this Agreement.
2.1.6. Make available all records, books, agreements, policies, and procedures relating to the
use and/or disclosure of Protected Health Information to the Secretary of HHS for
purposes of determining the Covered Entity’s compliance with the Privacy
Regulation, subject to attorney-client and other applicable legal privileges.
2.1.7. Upon prior written request, make available during normal business hours at Business
Associate’s offices all records, books, agreements, policies, and procedures relating to
the use and/or disclosure of Protected Health Information to the Covered Entity for
purposes of enabling the Covered Entity to determine the Business Associate’s
compliance with the terms of this Agreement.
2.1.8. Respond to requests from individuals served for an accounting of disclosures of
Protected Health Information in accordance with 45 C.F.R. § 164.528.
2.1.9. Disclose to its subcontractors, agents or other third parties, and request from the
Covered Entity, only the minimum Protected Health Information necessary to perform
or fulfill a specific function required or permitted hereunder.
2.2. Responsibilities of the Covered Entity. With regard to the use and/or disclosure of Protected
Health Information by the Business Associate, the Covered Entity hereby agrees:
2.2.1. to inform the Business Associate of any changes in the form of notice of privacy
practices (the “Notice”) that the Covered Entity has made available to provider for
individuals pursuant to 45 C.F.R. §164.520, and provide the Business Associate a copy
of the Notice currently in use.
2.2.2. to notify the Business Associate, in writing and in a timely manner, of any arrangements
permitted or required of the Covered Entity under 45 C.F.R. part 160 and 164 that may
impact in any manner the use and/or disclosure of Protected Health Information by the
Business Associate under this Agreement, including, but not limited to, restrictions on
use and/or disclosure of Protected Health Information as provided for in 45 C.F.R. §
164.522 agreed to by the Covered Entity.
2.2.3. that Business Associate may make any use and/or disclosure of Protected Health
Information permitted under 45 C.F.R. § 164.512 except as prohibited by state law.
3. ADDITIONAL RESPONSIBILITIES OF THE PARTIES WITH RESPECT TO PROTECTED
HEALTH INFORMATION
3.1. Responsibilities of the Business Associate with Respect to Handling Designated Record Set.
The Business Associate hereby agrees, at the request of, and in the time and manner designated
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by OCHN, provide access to the Protected Health Information to OCHN or the individual to
whom such Protected Health Information relates, or his or her authorized representative, in
order to meet a request by such individual under 45 C.F.R. § 164.524.
3.2. Responsibilities of OCHN with Respect to the Handling of the Designated Record Set. Protected
Health Information constitutes a Designated Record Set. Therefore, OCHN hereby agrees to
direct any individual requesting access or requesting an amendment to PHI to the appropriate
contractor pursuant to 45 C.F.R. § 164.524.
4. SECURITY OBLIGATIONS
4.1. Sections 164.308, 164.310, 164.312 and 164.316 of title 45, Code of Federal Regulations, apply
to the Business Associate in the same manner that such sections apply to the Covered Entity.
The Business Associate’s obligations include but are not limited to the following:
4.1.1. Implementing administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of the electronic
Protected Health Information that the Business Associate creates, receives, maintains,
or transmits on behalf of the covered entity as required by HIPAA;
4.1.2. Ensuring that any agent, including a subcontractor, to whom the Business Associate
provides such information agrees to implement reasonable and appropriate safeguards
to protect the data; and
4.1.3. Reporting to the Covered Entity any security incident of which it becomes aware.
5. PRIVACY OBLIGATIONS
5.1. To comply with the privacy obligations imposed by HIPAA, Business Associate agrees to:
5.1.1. Not use or further disclose information other than as permitted or required by the
Covered Entity or as required by law;
5.1.2. Abide by any Individual’s request to restrict the disclosure of Protected Health
Information consistent with the requirements of Section 13405(a) of the HITECH Act;
5.1.3. Use appropriate safeguards to prevent use or disclosure of the information other than as
provided for by the contract agreement;
5.1.4. Report to the Covered Entity any use or disclosure of the information not provided for
by the contract agreement of which the Business Associate becomes aware;
5.1.5. Ensure that any agents, including a subcontractor, to whom the Business Associate
provides Protected Health Information received from the Covered Entity or created or
received by the Business Associate on behalf of the Agency agrees to the same
restrictions and conditions that apply to the Business Associate with respect to such
information;
5.1.6. Make available to the Covered Entity within ten (10) days, Protected Health Information
to comply with an Individual’s right of access to their Protected Health Information in
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compliance with 45 C.F.R. § 164.524 and Section 13405(f) of the HITECH Act;
5.1.7. Make available to the Covered Entity within ten (10) days Protected Health Information
for amendment and incorporate any amendments to Protected Health Information in
accordance with 45 C.F.R. § 164.526 within fifteen (15) days;
5.1.8. Make available to the Covered Entity within fifteen (15) days the information required
to provide an accounting of disclosures in accordance with 45 C.F.R. §164.528 and
Section 13405(c) of the HITECH Act;
5.1.9. Make its internal practices, books, and records relating to the use and disclosure of
Protected Health Information received from the Covered Entity or created or received
by the Business Associate on behalf of the Covered Entity, available to the Secretary
for purposes of determining the Covered Entity’s compliance with HIPAA;
5.1.10. To the extent practicable, mitigate any harmful effects that are known to the Business
Associate of a use or disclosure of Protected Health Information or a Breach of
Unsecured Protected Health Information in violation of the contract agreement;
5.1.11. Use and disclose an Individual’s Protected Health Information only if such use or
disclosure is in compliance with requirements of 45 C.F.R. § 164.504(e);
5.1.12. Refrain from exchanging any Protected Health Information with any entity of which
the Business Associate knows of a pattern of activity or practice that constitutes a
material breach or violation of HIPAA or this Addendum;
5.1.13. To comply with Section 13405(b) of the HITECH Act when using, disclosing, or
requesting Protected Health Information in relation to the contract agreement by
limiting disclosures as required by HIPAA;
5.1.14. Refrain from marketing activities that would violate HIPAA, specifically Section
13406 of the HITECH Act.
6. PERMISSIVE USES
6.1. The Business Associate may use or disclose Protected Health Information that is disclosed to it
by the Agency under the following circumstances:
6.1.1. Business Associate may use the information for its own management and administration
and to carry out the legal responsibilities of the Business Associate.
6.1.2. Business Associate may disclose the information for its own management and
administration in furtherance of the services under the Agreement and to carry out the
legal responsibilities of the Business Associate if the disclosure is required by law.
7. BREACH NOTIFICATION
7.1. In the event that the Business Associate discovers a Breach of Unsecured Protected Health
Information, the Business Associate agrees to take the following measures within seventy-
two (72) hours after the Business Associate first becomes aware of the incident:
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7.1.1. To notify the Covered Entity of any incident involving the acquisition, access, use or
disclosure of Unsecured Protected Health Information in a manner not permitted under
45 C.F.R. part E. Such notice by the Business Associate shall be provided without
unreasonable delay, except where a law enforcement official determines that a
notification would impede a criminal investigation or cause damage to national
security. For purposes of clarity for this provision, Business Associate must notify the
Covered Entity of any such incident within the above timeframe even if Business
Associate has not conclusively determined within that time that the incident
constitutes a Breach as defined by HIPAA. For purposes of this Agreement, the
Business Associate is deemed to have become aware of the Breach as of the first day
on which such Breach is known or reasonably should have been known to such entity
or associate of the Business Associate, including any person, other than the individual
committing the Breach, that is an employee, officer or other agent of the Business
Associate or an associate of the Business Associate;
7.1.2. To include the names of the Individuals whose Unsecured Protected Health Information
has been, or is reasonably believed to have been, the subject of a Breach;
7.1.3. To include a draft letter for the Covered Entity to reference which will be used to notify
the Individuals that their Unsecured Protected Health Information has been, or is
reasonably believed to have been, the subject of a Breach. The draft letter must
include, to the extent possible:
7.1.3.1. A brief description of what happened, including the date of the Breach and the
date of the discovery of the Breach, if known;
7.1.3.2. A description of the types of Unsecured Protected Health Information that
were involved in the Breach (such as full name, Social Security Number, date
of birth, home address, account number, disability code, or other types of
information that were involved);
7.1.3.3. Any steps the Individuals should take to protect themselves from potential
harm resulting from the Breach;
7.1.3.4. A brief description of what the Covered Entity and the Business Associate are
doing to investigate the Breach, to mitigate losses, and to protect against any
further Breaches; and
7.1.3.5. Contact procedures for Individuals to ask questions or learn additional
information, which shall include a toll-free telephone number, an e-mail
address, web site, or postal address.
8. INDEMNIFICATION FOR BREACH NOTIFICATION
8.1. Reserved.
9. REPRESENTATIONS AND WARRANTIES
9.1. Mutual Representations and Warranties of the Parties.
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9.1.1. That all of its employees, agents, representatives and members of its workforce, whose
services may be used to fulfill obligations under this Agreement are trained on the
privacy and confidentiality requirements under HIPAA and are informed of the role
of the entity as a Business Associate of the Contractor. Each party agrees to operate in
accordance with HIPAA regulations.
9.1.2. That it will reasonably cooperate with the other Party in the performance of the mutual
obligations under this Agreement.
10. TERMS AND TERMINATION
10.1. Effect of Termination. Upon the event of termination pursuant to this Section 5, the Business
Associate agrees to retain all Protected Health Information pursuant to 45 C.F.R. §
164.504(e)(2)(I), the Michigan Mental Health Code, 330.1746, section 746 (1) & (2), and
Policy on Records Retention, Medicaid Chapter I Records Retention. Provider agrees to extend
any and all protections, limitations and restrictions contained in this agreement after the
termination of the contract.
11. MISCELLANEOUS
11.1. No Third-Party Beneficiaries. Nothing express or implied in this Agreement is intended to
confer, nor shall anything herein confer, upon any person other than the Parties and the
respective successors or assigns of the Parties, any rights, remedies, obligations, or liabilities
whatsoever.
11.2. Disputes. If any controversy, dispute or claim arises between the Parties with respect to this
Agreement, the Parties shall make good faith efforts to resolve such matters informally.
11.3 Effective Date. This Agreement is effective when the Interlocal Agreement is executed or
when Business Associate becomes a Business Associate of Covered Entity and both Parties
sign this Agreement, if later. However, certain provisions have special effective dates, as set
forth herein or as set forth in HIPAA or the HITECH Amendment.
11.4 Amendment. The Parties agree to take action to amend this Agreement as necessary for
Covered Entity to comply with the Privacy and Security requirements of HIPAA. If the
Business Associate refuses to sign such an amendment, this Agreement shall automatically
terminate.
11.5 Survival. The respective rights and obligations of Business Associate and Covered Entity
under this Agreement shall survive the termination of this Agreement and/or the Interlocal
Agreement
12. DEFINITIONS
12.1. Designated Record Set. Any item, collection, or grouping of information that includes protected
health information and is maintained, collected, used, or disseminated by or for the Business
Associate. Protected health information contained in any form of medical record, operational
or financial database, or billing system constitutes a designated record set. Designated Record
Set shall have the meaning set out in its definition at 45 C.F.R. § 164.501, as such provision
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is currently drafted and as it is subsequently updated, amended or revised.
12.2. Protected Health Information. Any information, including demographic information that has
the potential of linking the identity of the patient to their health record. Applies to information
transmitted or maintained in any form or medium, including electronic, paper, and oral.
Protected Health Information shall have the meaning as set out in its definition at 45 C.F.R. §
164.501, as such provision is currently drafted and as it is subsequently updated, amended, or
revised.
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EXHIBIT V
FEDERAL PROVISIONS ADDENDUM
This addendum applies to purchases that will be paid for in whole or in part with funds obtained from
the federal government. The provisions below are required, and the language is not negotiable. If any
provision below conflicts with the State’s terms and conditions, including any attachments, schedules,
or exhibits to the State’s Contract, the provisions below take priority to the extent a provision is required
by federal law; otherwise, the order of precedence set forth in the Contract applies. Hyperlinks are
provided for convenience only; broken hyperlinks will not relieve Contractor from compliance with the
law.
1. Equal Employment Opportunity
If this Contract is a “federally assisted construction contract” as defined in 41 CFR Part 60-1.3,
and except as otherwise may be provided under 41 CFR Part 60, then during performance of this
Contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor
will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(c) The Contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including
an investigation conducted by the employer, or is consistent with the Contractor's legal duty to
furnish information.
(d) The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Contractor's commitments under
Page 24 of 29
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(f) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(g) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts or federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(h) The Contractor will include the portion of the sentence immediately preceding paragraph (a) and
the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Contractor may request the United States to enter
into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: provided, that if the applicant so participating is a State or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,
that it will furnish the administering agency and the Secretary of Labor such information as they
may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
Page 25 of 29
modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred
from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry out such sanctions and
penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart
D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with
these undertakings, the administering agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain
from extending any further assistance to the applicant under the program with respect to which
the failure or refund occurred until satisfactory assurance of future compliance has been received
from such applicant; and refer the case to the Department of Justice for appropriate legal
proceedings.
2. Davis-Bacon Act (Prevailing Wage)
If this Contract is a prime construction contracts in excess of $2,000, the Contractor (and its
Subcontractors) must comply with the Davis-Bacon Act (40 USC 3141-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction”), and during performance of
this Contract the Contractor agrees as follows:
(a) All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act
(40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29C.F.R. pt. 5 as may be
applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the
requirements of 29 C.F.R. pt. 5 as applicable.
(b) Contractors are required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor.
(c) Additionally, contractors are required to pay wages not less than once a week.
3. Copeland “Anti-Kickback” Act
If this Contract is a contract for construction or repair work in excess of $2,000 where the Davis-
Bacon Act applies, the Contractor must comply with the Copeland “Anti-Kickback” Act (40 USC
3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States”), which prohibits the Contractor and subrecipients from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled, and during performance of
this Contract the Contractor agrees as follows:
(a) Contractor. The Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into
this contract.
(b) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above
and such other clauses as FEMA or the applicable federal awarding agency may by appropriate
Page 26 of 29
instructions require, and also a clause requiring the Subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(c) Breach. A breach of the contract clauses above may be grounds for termination of the contract,
and for debarment as a Contractor and Subcontractor as provided in 29 C.F.R. § 5.12.
4. Contract Work Hours and Safety Standards Act
If the Contract is in excess of $100,000 and involves the employment of mechanics or laborers,
the Contractor must comply with 40 USC 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5), as applicable, and during performance of this Contract the Contractor
agrees as follows:
(a) Overtime requirements. No Contractor or Subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section the Contractor and any Subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such Contractor and Subcontractor shall
be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $27 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(c) Withholding for unpaid wages and liquidated damages. The State shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause
to be withheld, from any moneys payable on account of work performed by the Contractor or
Subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(d) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1) through (4) of this section and also a clause requiring the Subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (1) through (4) of this section.
Page 27 of 29
5. Rights to Inventions Made Under a Contract or Agreement
If the Contract is funded by a federal “funding agreement” as defined under 37 CFR §401.2 (a) and
the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient must
comply with 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any
implementing regulations issued by the awarding agency.
6. Clean Air Act and the Federal Water Pollution Control Act
If this Contract is in excess of $150,000, the Contractor must comply with all applicable standards,
orders, and regulations issued under the Clean Air Act (42 USC 7401-7671q) and the Federal
Water Pollution Control Act (33 USC 1251-1387), and during performance of this Contract the
Contractor agrees as follows:
(a) Clean Air Act
i. The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
ii. The Contractor agrees to report each violation to the State and understands and agrees
that the State will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency or the applicable federal awarding agency, and
the appropriate Environmental Protection Agency Regional Office.
iii. The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA or the
applicable federal awarding agency.
(b) Federal Water Pollution Control Act
i. The Contractor agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251
et seq.
ii. The Contractor agrees to report each violation to the State and understands and agrees
that the State will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency or the applicable federal awarding agency, and
the appropriate Environmental Protection Agency Regional Office.
iii. The Contractor agrees to include these requirements in each subcontract
exceeding$150,000 financed in whole or in part with Federal assistance provided by
FEMA or the applicable federal awarding agency.
Page 28 of 29
7. Debarment and Suspension
A “contract award” (see 2 CFR 180.220) must not be made to parties listed on the government-wide
exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines
at 2 CFR 180 that implement Executive Orders 12549 (51 FR 6370; February 21, 1986) and 12689
(54 FR 34131; August 18, 1989), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(a) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As
such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2
C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(b) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C,
and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(c) This certification is a material representation of fact relied upon by the State. If it is later
determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the State, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(d) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
8. Byrd Anti-Lobbying Amendment
Contractors who apply or bid for an award of $100,000 or more shall file the required certification
in Exhibit 1 – Byrd Anti- Lobbying Certification below. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
officer or employee of Congress, or an employee of a Member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier
shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn
will forward the certification(s) to the awarding agency.
9. Procurement of Recovered Materials
Under 2 CFR 200.322, Contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act.
(a) In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be
acquired:
Page 29 of 29
i. Competitively within a timeframe providing for compliance with the contract
performance schedule; Meeting contract performance requirements; or At a reasonable
price.
ii. Information about this requirement, along with the list of EPA- designated items,
is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
iii. The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 09/03/2024
Frances Carley
OAKLAND COMMUNITY HEALTH NETWORK
5505 CORPORATE DRIVE
TROY, MI 48098
EMW-2024-GR-05155
Dear Frances Carley,
Congratulations on behalf of the Department of Homeland Security, your application submitted for
the Fiscal Year (FY) 2024 Targeted Violence and Terrorism Prevention Grant Program, has been
approved in the amount of $646,000.00 in Federal funding. This award of federal assistance is
executed as a Grant.
Before you request and receive any of the Federal funds awarded to you, you must establish
acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting
this award, you acknowledge that the terms of the following documents are incorporated into the
terms of your award:
Award Summary - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
Fiscal Year (FY) 2024 Targeted Violence and Terrorism Prevention Grant Program (TVTP)
Notice of Funding Opportunity
Please make sure you read, understand, and maintain a copy of these documents in your official file
for this award.
Sincerely,
PAMELA WILLIAMS
Assistant Administrator, Grant Programs
Award Summary
Program: Fiscal Year 2024 Targeted Violence and Terrorism Prevention Grant Program
Recipient: OAKLAND COMMUNITY HEALTH NETWORK
UEI-EFT: D9B6DH2M3Q68
DUNS number: 830617986
Award number: EMW-2024-GR-05155
Summary description of award
The TVTP Grant Program provides financial assistance to eligible applicants to develop
sustainable, multidisciplinary targeted violence and terrorism prevention capabilities in local
communities, to pilot innovative prevention approaches, and to identify prevention best practices
that can be replicated in communities across the country.
Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.
The following are the budgeted estimates for object classes for this award (including Federal share
plus your cost share, if applicable):
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are
provided for any differences between the scope of work in the original application and the approved
scope of work under this award. You must submit scope or budget revision requests for FEMA's
prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2024
TVTP NOFO.
Approved request details:
Project
Object Class Total
Personnel $73,911.00
Fringe benefits $31,043.00
Travel $39,350.00
Equipment $0.00
Supplies $25,000.00
Contractual $395,470.00
Construction $0.00
Other $45,000.00
Indirect charges $36,226.00
Federal $646,000.00
Non-federal $0.00
Total $646,000.00
Program Income $0.00
Personnel
DESCRIPTION
With funding from the TVTP grant, OCHN would hire a 1.0 FTE Threat Assessment
Coordinator at a salary grade 7 ($73,911). Costs are split between the BTAM (57%) and
Raising Societal Awareness (43%) projects. Staff would lead outreach and events for the
broader community. The position is expected to be hired by Q2 and would be funded through
Q5 with federal funding, after which time local and state funding would provide matching
funds.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
PersonnelCost 1 1 $73,911.00 $73,911.00
Travel
DESCRIPTION
The Threat Assessment Coordinator is budgeted for mileage reimbursements calculated at
$0.67 per mile for 5,000 miles ($3,350). Additionally, OCHN’s BTAM budget includes travel
costs for the three (3) key personnel to attend the annual ATAP conference and other BTAM
related conferences ($30,000) over the two-year grant period.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
TravelCost 1 1 $39,350.00 $39,350.00
CHANGE FROM APPLICATION
Unit price from $33,350.00 to $39,350.00
JUSTIFICATION
Adding funds for TVTP Symposium Travel
Fringe benefits
DESCRIPTION
OCHN’s fringe benefits are estimated at a rate of 42% and total $31,043.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Fringe benefitsCost 1 1 $31,043.00 $31,043.00
Contractual
DESCRIPTION
Contractual costs for BTAM and Raising Societal Awareness cover salaries, fringe benefits,
and mileage reimbursements for new key personnel positions for both OCSO and OCEM.
Staff would lead outreach and trainings for the broader community. The positions are
expected to be hired by Q2 and would be funded through Q5 with federal funding, after
which time local and state funding would provide matching funds. Salary and fringe benefits
for both partners are split between the BTAM (75%) and Raising Societal Awareness (25%)
projects. The OCSO Detective Sergeant Specialist Position salary is ($113,341), fringe
benefits are at 48% ($55,178). The OCEM Emergency Management Specialist salary is
($68,546), fringe benefits are at 53% ($36,280). OCSO mileage costs ($12,060) are
calculated at $0.67 per mile for 18,000 miles and OCEM’s mileage costs ($3,350) are
calculated at $0.67 per mile for 5,000 miles. Under the BTAM budget, OCHN would
contribute, along with other partners, up to $10,000 to a contracted evaluator to evaluate
effectiveness of BTAM activities in the county. OCHN’s budget for Bystander Training
includes $96,715 for contracted specialty trainers (Dr. Meloy, Dave Okada, and team
trainings); costs for three (3) new partner key personnel to go through the CPS Master
Trainer Program and other professional trainings; and costs to rent training locations sites.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
ContractualCost 1 1 $395,470.00 $395,470.00
Indirect expenses
Supplies
DESCRIPTION
OCHN’s budget includes $25,000 for office supplies and training materials for the two-year
grant period. Supplies are split among the three (3) projects.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
SuppliesCost 1 1 $25,000.00 $25,000.00
Other
DESCRIPTION
OCHN’s budget for Raising Societal Awareness includes $45,000 for marketing and
communications costs over the two-year grant period, including outreach materials, events,
graphics, and advertising: Blue Outdoor mall displays ($5,000), direct mailers to higher risk
communities ($10,000), Metro Parent ($10,000), theater lobby ad campaign ($10,000), and
social media campaign ($10,000).
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
OtherCost 1 1 $45,000.00 $45,000.00
Indirect expenses
DESCRIPTION
6% of direct costs
QUANTITY UNIT PRICE TOTAL
1 $36,226.00 $36,226.00
BUDGET CLASS
Indirect charges
Of the total Federal funds, $640000.00 has been placed on hold. See the following terms in the
Agreement Articles for more details:
Article number Title Payment hold
Article 49 Funding Hold: Additional Information Required $640000.00
Agreement Articles
Program: Fiscal Year 2024 Targeted Violence and Terrorism Prevention Grant Program
Recipient: OAKLAND COMMUNITY HEALTH NETWORK
UEI-EFT: D9B6DH2M3Q68
DUNS number: 830617986
Award number: EMW-2024-GR-05155
Table of contents
Article
1
Assurances, Administrative Requirements, Cost Principles, Representations,
and Certifications
Article
2
General Acknowledgements and Assurances
Article
3
Acknowledgement of Federal Funding from DHS
Article
4
Activities Conducted Abroad
Article
5
Age Discrimination Act of 1975
Article
6
Americans with Disabilities Act of 1990
Article
7
Best Practices for Collection and Use of Personally Identifiable Information
Article
8
Civil Rights Act of 1964 – Title VI
Article
9
Civil Rights Act of 1968
Article
10
Copyright
Article
11
Debarment and Suspension
Article
12
Drug-Free Workplace Regulations
Article
13
Duplicative Costs
Article
14
Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Article
15
E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice
Practices to Enhance Public Trust and Public Safety
Article
16
Energy Policy and Conservation Act
Article
17
False Claims Act and Program Fraud Civil Remedies
Article
18
Federal Debt Status
Article
19
Federal Leadership on Reducing Text Messaging while Driving
Article
20
Fly America Act of 1974
Article
21
Hotel and Motel Fire Safety Act of 1990
Article
22
John S. McCain National Defense Authorization Act of Fiscal Year 2019
Article
23
Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Article
24
Lobbying Prohibitions
Article
25
National Environmental Policy Act
Article
26
Nondiscrimination in Matters Pertaining to Faith-Based Organizations
Article
27
Non-Supplanting Requirement
Article
28
Notice of Funding Opportunity Requirements
Article
29
Patents and Intellectual Property Rights
Article
30
Procurement of Recovered Materials
Article
31
Rehabilitation Act of 1973
Article
32
Reporting of Matters Related to Recipient Integrity and Performance
Article
33
Reporting Subawards and Executive Compensation
Article
34
Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
Article
35
SAFECOM
Article
36
Terrorist Financing
Article
37
Trafficking Victims Protection Act of 2000 (TVPA)
Article
38
Universal Identifier and System of Award Management
Article
39
USA PATRIOT Act of 2001
Article
40
Use of DHS Seal, Logo and Flags
Article
41
Whistleblower Protection Act
Article
42
Environmental Planning and Historic Preservation (EHP) Review
Article
43
Applicability of DHS Standard Terms and Conditions to Tribes
Article
44
Acceptance of Post Award Changes
Article
45
Disposition of Equipment Acquired Under the Federal Award
Article
46
Prior Approval for Modification of Approved Budget
Article
47
Indirect Cost Rate
Article
48
Performance Measurement
Article
49
Funding Hold: Additional Information Required
Article 1 Assurances, Administrative Requirements, Cost Principles,
Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget
(OMB) Standard Form 424B Assurances – Non- Construction Programs, or
OMB Standard Form 424D Assurances – Construction Programs, as
applicable. Certain assurances in these documents may not be applicable to
your program and the DHS financial assistance office (DHS FAO) may require
applicants to certify additional assurances. Applicants are required to fill out
the assurances as instructed by the federal awarding agency.
Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards in effect as of the federal award date and located at 2 C.F.R.
Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and
subrecipients must acknowledge and agree to provide DHS access to records,
accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. §
200.337. I. Recipients must cooperate with any DHS compliance reviews or
compliance investigations. II. Recipients must give DHS access to examine
and copy records, accounts, and other documents and sources of information
related to the federal financial assistance award and permit access to facilities
and personnel. III. Recipients must submit timely, complete, and accurate
reports to the appropriate DHS officials and maintain appropriate backup
documentation to support the reports. IV. Recipients must comply with all other
special reporting, data collection, and evaluation requirements required by law,
federal regulation, Notice of Funding Opportunity, federal award specific terms
and conditions, and/or federal awarding agency program guidance. V.
Recipients must complete the DHS Civil Rights Evaluation Tool within thirty
(30) days of receiving the Notice of Award for the first award under which this
term applies. Recipients of multiple federal awards from DHS should only
submit one completed tool for their organization, not per federal award. After
the initial submission, recipients are required to complete the tool once every
two (2) years if they have an active federal award, not every time a federal
award is made. Recipients must submit the completed tool, including
supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies
the civil rights obligations and related reporting requirements contained in
these DHS Standard Terms and Conditions. Subrecipients are not required to
complete and submit this tool to DHS. The evaluation tool can be found at
https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil
Rights Evaluation Tool | Homeland Security. The DHS Office for Civil Rights
and Civil Liberties will consider, in its discretion, granting an extension to the
30-day deadline if the recipient identifies steps and a timeline for completing
the tool. Recipients must request extensions by emailing the request to
CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing
statements, press releases, requests for proposal, bid invitations, and other
documents describing projects or programs funded in whole or in part with
federal award funds.
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when
performing project activities outside the United States obtain all appropriate
licenses, permits, or approvals.
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of
1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.),
which prohibits discrimination on the basis of age in any program or activity
receiving federal financial assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the
Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as
amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from
discriminating on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and
certain testing entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable
Information
Recipients who collect personally identifiable information (PII) as part of
carrying out the scope of work under a federal award are required to have a
publicly available privacy policy that describes standards on the usage and
maintenance of the PII they collect. DHS defines PII as any information that
permits the identity of an individual to be directly or indirectly inferred, including
any information that is linked or linkable to that individual. Recipients may also
find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy
Template as useful resources respectively.
Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act
of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et
seq.), which provides that no person in the United States will, on the grounds
of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance. DHS implementing regulations for the
Act are found at 6 C.F.R. Part 21. Recipients of an award from the Federal
Emergency Management Agency (FEMA) must also comply with FEMA’s
implementing regulations at 44 C.F.R. Part 7.
Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L.
No. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits
recipients from discriminating in the sale, rental, financing, and advertising of
dwellings, or in the provision of services in connection. therewith, on the basis
of race, color, national origin, religion, disability, familial status, and sex, as
implemented by the U.S. Department of Housing and Urban Development at
24 C.F.R. Part 100. The prohibition on disability discrimination includes the
requirement that new multifamily housing with four or more dwelling units—
i.e., the public and common use areas and individual apartment units (all units
in buildings with elevators and ground-floor units in buildings without elevators)
—be designed and constructed with certain accessible features. (See 24
C.F.R. Part 100, Subpart D.)
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or
402 to any work first produced under federal awards and also include an
acknowledgement that the work was produced under a federal award
(including the federal award number and federal awarding agency). As detailed
in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free,
nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the
work for federal purposes and to authorize others to do so.
Article 11 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension
regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth
at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These
regulations prohibit recipients from entering into covered transactions (such as
subawards and contracts) with certain parties that are debarred, suspended,
or otherwise excluded from or ineligible for participation in federal assistance
programs or activities.
Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B
(or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which
adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-
Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will
be included as a cost or used to meet cost sharing or matching requirements of
any other federal award in either the current or a prior budget period. (See 2
C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable
under two or more federal awards where otherwise permitted by federal
statutes, regulations, or the federal financial assistance award terms and
conditions.
Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) –
Title IX
Recipients must comply with the requirements of Title IX of the Education
Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. §
1681 et seq.), which provide that no person in the United States will, on the
basis of sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any educational program or activity receiving
federal financial assistance. DHS implementing regulations are codified at 6
C.F.R. Part 17. Recipients of an award from the Federal Emergency
Management Agency (FEMA) must also comply with FEMA’s implementing
regulations at 44 C.F.R. Part 19.
Article 15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal
Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must
comply with the requirements of section 12(c) of E.O. 14074. Recipient State,
Tribal, local, or territorial law enforcement agencies are also encouraged to
adopt and enforce policies consistent with E.O. 14074 to support safe and
effective policing.
Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and
Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42
U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that
are defined in the state energy conservation plan issued in compliance with this
Act.
Article 17 False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31
U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent
claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812,
which details the administrative remedies for false claims and statements
made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other
taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-
129.)
Article 19 Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text
messaging while driving recipient-owned, recipient-rented, or privately owned
vehicles when on official government business or when performing any work for
or on behalf of the Federal Government. Recipients are also encouraged to
conduct the initiatives of the type described in Section 3(a) of E.O. 13513.
Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of
certified air carriers can be found at: Certificated Air Carriers List | US
Department of Transportation, https://www.transportation.gov/policy/aviation-
policy/certificated-air-carriers-list)for international air transportation of people
and property to the extent that such service is available, in accordance with the
International Air Transportation Fair Competitive Practices Act of 1974, 49
U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller
General of the United States in the March 31, 1981, amendment to Comptroller
General Decision B-138942.
Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training
space funded entirely or in part by federal award funds complies with the fire
prevention and control guidelines of Section 6 of the Hotel and Motel Fire
Safety Act of 1990, 15 U.S.C. § 2225a.
Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject
to the prohibitions described in section 889 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018)
and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part
200. The statute – as it applies to DHS recipients, subrecipients, and their
contractors and subcontractors – prohibits obligating or expending federal
award funds on certain telecommunications and video surveillance products
and contracting with certain entities for national security reasons.
Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000d et seq.) prohibition against discrimination on the basis of national
origin, which requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services. For additional assistance and
information regarding language access obligations, please refer to the DHS
Recipient Guidance: https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-
limited and additional resources on http://www.lep.gov.
Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which
provide that none of the funds provided under a federal award may be
expended by the recipient to pay any person to influence, or attempt to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with any federal action related to a federal award or contract,
including any extension, continuation, renewal, amendment, or modification.
Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as
described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the
Grants.gov Lobbying Form and file a lobbying disclosure form as described in
Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of
Lobbying Activities (SF-LLL).
Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental
Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42
U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality
(CEQ) Regulations for Implementing the Procedural Provisions of NEPA,
which require recipients to use all practicable means within their authority, and
consistent with other essential considerations of national policy, to create and
maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in
social service programs administered or supported by DHS or its component
agencies, enabling those organizations to participate in providing important
social services to beneficiaries. Recipients must comply with the equal
treatment policies and requirements contained in 6 C.F.R. Part 19 and other
applicable statues, regulations, and guidance governing the participations of
faith- based organizations in individual DHS programs.
Article 27 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law
must ensure that federal funds supplement but do not supplant non-federal
funds that, in the absence of such federal funds, would otherwise have been
made available for the same purpose.
Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions
set forth in the Notice of Funding Opportunity (NOFO) for this federal award
are incorporated by reference. All recipients must comply with any such
requirements set forth in the NOFO. If a condition of the NOFO is inconsistent
with these terms and conditions and any such terms of the Award, the
condition in the NOFO shall be invalid to the extent of the inconsistency. The
remainder of that condition and all other conditions set forth in the NOFO shall
remain in effect.
Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and
applicable regulations governing inventions and patents, including the
regulations issued by the Department of Commerce at 37 C.F.R. Part 401
(Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms under Government Awards, Contracts, and Cooperative Agreements)
and the standard patent rights clause set forth at 37 C.F.R. § 401.14.
Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with
Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965)
(codified as amended by the Resource Conservation and Recovery Act at 42
U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition.
Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the
Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29
U.S.C. § 794), which provides that no otherwise qualified handicapped
individuals in the United States will, solely by reason of the handicap, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial
assistance.
Article 32 Reporting of Matters Related to Recipient Integrity and Performance
If the total value of any currently active grants, cooperative agreements, and
procurement contracts from all federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of the
federal award, then the recipient must comply with the requirements set forth in
the government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of
which is incorporated by reference.
Article 33 Reporting Subawards and Executive Compensation
For federal awards that equal or exceed $30,000, recipients are required to
comply with the requirements set forth in the government-wide award term on
Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part
170, Appendix A, the full text of which is incorporated by reference.
Article 34 Required Use of American Iron, Steel, Manufactured Products, and
Construction Materials
Recipients of an award of Federal financial assistance from a program for
infrastructure are hereby notified that none of the funds provided under this
award may be used for a project for infrastructure unless: (1) all iron and steel
used in the project are produced in the United States—this means all
manufacturing processes, from the initial melting stage through the application
of coatings, occurred in the United States; (2) all manufactured products used
in the project are produced in the United States—this means the manufactured
product was manufactured in the United States; and the cost of the
components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of
all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured
product has been established under applicable law or regulation; and (3) all
construction materials are manufactured in the United States—this means that
all manufacturing processes for the construction material occurred in the
United States. The Buy America preference only applies to articles, materials,
and supplies that are consumed in, incorporated into, or affixed to an
infrastructure project. As such, it does not apply to tools, equipment, and
supplies, such as temporary scaffolding, brought to the construction site and
removed at or before the completion of the infrastructure project. Nor does a
Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the
finished infrastructure project but are not an integral part of the structure or
permanently affixed to the infrastructure project. Waivers When necessary,
recipients may apply for, and the agency may grant, a waiver from these
requirements. The agency should notify the recipient for information on the
process for requesting a waiver from these requirements. (a) When the Federal
agency has determined that one of the following exceptions applies, the
awarding official may waive the application of the domestic content
procurement preference in any case in which the agency determines that: (1)
applying the domestic content procurement preference would be inconsistent
with the public interest; (2) the types of iron, steel, manufactured products, or
construction materials are not produced in the United States in sufficient and
reasonably available quantities or of a satisfactory quality; or (3) the inclusion
of iron, steel, manufactured products, or construction materials produced in the
United States will increase the cost of the overall project by more than 25
percent. A request to waive the application of the domestic content
procurement preference must be in writing. The agency will provide
instructions on the format, contents, and supporting materials required for any
waiver request. Waiver requests are subject to public comment periods of no
less than 15 days and must be reviewed by the Made in America Office. There
may be instances where an award qualifies, in whole or in part, for an existing
waiver described at “Buy America” Preference in FEMA Financial Assistance
Programs for Infrastructure | FEMA.gov. Definitions The definitions applicable
to this term are set forth at 2 C.F.R. § 184.3, the full text of which is
incorporated by reference.
Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities
must comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications. The SAFECOM Guidance is updated annually
and can be found at Funding and Sustainment | CISA.
Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions
on transactions with, and the provisions of resources and support to,
individuals and organizations associated with terrorism. Recipients are legally
responsible for ensuring compliance with the E.O. and laws.
Article 37 Trafficking Victims Protection Act of 2000 (TVPA)
Recipients must comply with the requirements of the government-wide
financial assistance award term which implements Trafficking Victims
Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22
U.S.C. § 7104). The award term is located at 2 C.F.R. § 175.15, the full text of
which is incorporated by reference.
Article 38 Universal Identifier and System of Award Management
Recipients are required to comply with the requirements set forth in the
government-wide financial assistance award term regarding the System for
Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A, the full text of which is incorporated reference.
Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18
U.S.C. §§ 175–175c.
Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS
seals, logos, crests, or reproductions of flags, or likenesses of DHS agency
officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals,
logos, crests, or reproductions of flags, or likenesses of component officials.
Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections at 10 U.S.C § 470141 U.S.C. § 4712.
Article 42 Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and
Historic Preservation (EHP) review are subject to the FEMA EHP review
process. This review does not address all federal, state, and local
requirements. Acceptance of federal funding requires the recipient to comply
with all federal, state and local laws. DHS/FEMA is required to consider the
potential impacts to natural and cultural resources of all projects funded by
DHS/FEMA grant funds, through its EHP review process, as mandated by: the
National Environmental Policy Act; National Historic Preservation Act of 1966,
as amended; National Flood Insurance Program regulations; and any other
applicable laws and executive orders. General guidance for FEMA’s EHP
process is available on the DHS/FEMA Website at:
https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific
applicant guidance on how to submit information for EHP review depends on
the individual grant program and applicants should contact their grant Program
Officer to be put into contact with EHP staff responsible for assisting their
specific grant program. The EHP review process must be completed before
funds are released to carry out the proposed project; otherwise, DHS/FEMA
may not be able to fund the project due to noncompliance with EHP laws,
executive orders, regulations, and policies. If ground disturbing activities occur
during construction, applicant will monitor ground disturbance, and if any
potential archaeological resources are discovered the applicant will
immediately cease work in that area and notify the pass-through entity, if
applicable, and DHS/FEMA.
Article 43 Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general
requirements imposed upon recipients and flow down to sub-recipients as a
matter of law, regulation, or executive order. If the requirement does not apply
to Indian tribes or there is a federal law or regulation exempting its application
to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS
Standard Terms and Conditions does not change or alter its inapplicability to
an Indian tribe. The execution of grant documents is not intended to change,
alter, amend, or impose additional liability or responsibility upon the Tribe
where it does not already exist.
Article 44 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been
made, or if an administrative change must be made to the award package,
recipients will be notified of the change in writing. Once the notification has
been made, any subsequent requests for funds will indicate recipient
acceptance of the changes to the award. Please call FEMA Grant
Management Operations at (866) 927-5646 or via e-mail to: ASK-
GMD@fema.dhs.gov if you have any questions.
Article 45 Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award
by a non-state recipient or non-state sub-recipients, when that equipment is no
longer needed for the original project or program or for other activities currently
or previously supported by a federal awarding agency, you must request
instructions from FEMA to make proper disposition of the equipment pursuant
to 2 C.F.R. section 200.313. State recipients and state sub-recipients must
follow the disposition requirements in accordance with state laws and
procedures.
Article 46 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you
must request prior written approval from FEMA where required by 2 C.F.R.
section 200.308. For purposes of non-construction projects, FEMA is utilizing
its discretion to impose an additional restriction under 2 C.F.R. section
200.308(f) regarding the transfer of funds among direct cost categories,
programs, functions, or activities. Therefore, for awards with an approved
budget where the federal share is greater than the simplified acquisition
threshold (currently $250,000), you may not transfer funds among direct cost
categories, programs, functions, or activities without prior written approval
from FEMA where the cumulative amount of such transfers exceeds or is
expected to exceed ten percent (10%) of the total budget FEMA last approved.
For purposes of awards that support both construction and non-construction
work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to
require the recipient to obtain prior written approval from FEMA before making
any fund or budget transfers between the two types of work. You must report
any deviations from your FEMA approved budget in the first Federal Financial
Report (SF-425) you submit following any budget deviation, regardless of
whether the budget deviation requires prior written approval.
Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the
indirect cost rate for the federal award. If applicable, the indirect cost rate for
this award is stated in the budget documents or other materials approved by
FEMA and included in the award file.
Article 48 Performance Measurement
The DHS Center for Prevention Programs and Partnerships (CP3) will
measure the recipient’s performance in accordance with all required measures
for each project type as identified in Appendix B of the Notice of Funding
Opportunity (NOFO). The recipient’s Implementation and Measurement Plan
(IMP), submitted with their application package, must outline the recipient’s
timelines, data collection methods, outputs and performance measurements
for all proposed activities in accordance with the required measures within
Appendix B, and must be approved by CP3 prior to program implementation
as stated in the NOFO. Recipient shall submit performance data quarterly to
be measured against their DHS-approved IMP, and will meet regularly with
DHS CP3 to assess ongoing progress. The recipient shall support and
facilitate DHS CP3 Grants site visits to assess performance when applicable.
Article 49 Funding Hold: Additional Information Required
FEMA has placed a funding hold on this award, and $<640,000.00> is on hold
in the FEMA financial systems. The recipient is prohibited from obligating,
expending, or drawing down the funds associated with the following
investments/projects. To release the funding hold, the recipient must provide a
detailed cost breakdown and justification for the investments/projects listed
above. FEMA will rescind the funding hold upon its review and approval of the
detailed cost breakdown and justification. If you believe this funding hold was
placed in error, please contact the relevant Program Analyst or Grants
Management Specialist.
Obligating document
1. Agreement
No.
EMW-2024-GR-
05155
2. Amendment
No.
N/A
3. Recipient
No.
383437521
4. Type of
Action
AWARD
5. Control No.
WX06675N2024T
6. Recipient Name and
Address
OAKLAND COMMUNITY
HEALTH NETWORK
5505 CORPORATE DR
TROY, MI 48098
7. Issuing FEMA Office
and Address
Grant Programs
Directorate
500 C Street, S.W.
Washington DC, 20528-
7000
1-866-927-5646
8. Payment Office and
Address
FEMA, Financial
Services Branch
500 C Street, S.W.,
Room 723
Washington DC, 20742
9. Name of
Recipient Project
Officer
Frances Carley
9a. Phone
No.
248-
2775219
10. Name of FEMA Project
Coordinator
Targeted Violence and Terrorism
Prevention Grant Program Grant
Program
10a.
Phone
No.
1-877-
585-3242
11. Effective Date of
This Action
09/03/2024
12. Method of
Payment
OTHER - FEMA
GO
13. Assistance
Arrangement
COST
REIMBURSEMENT
14. Performance
Period
10/01/2024 to
09/30/2026
Budget Period
10/01/2024 to
09/30/2026
15. Description of Action a. (Indicate funding data for awards or financial
changes)
Program
Name
Abbreviation
Assistance
Listing No.
Accounting
Data
(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action
+ or (-)
Current
Total
Award
Cumulative
Non-Federal
Commitment
TVTP 97.132
2024-FA-
GT01 -
P400-xxxx-
4101-D
$0.00 $646,000.00 $646,000.00 See Totals
Totals $0.00 $646,000.00 $646,000.00 $0.00
b. To describe changes other than funding data or financial changes, attach
schedule and check here:
N/A
16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND
RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for
address)
This field is not applicable for digitally signed grant agreements
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
Frances Carley
DATE
09/03/2024
18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs
DATE
09/03/2024