HomeMy WebLinkAboutResolutions - 2013.09.19 - 21034PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION #13238 September 19, 2013
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2014 VICTIM ADVOCACY PROGRAM -
VICTIMS OF CRIME ACT (VOC.A) GRANT AcnFp -rANCE
To the Oakland County Board of Coi ornissiuners
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan, Department of Community Health has awarded to the Oakland County
Office of the Prosecuting Attorney Victims of Crime Act (VOCA) grant funding for the period of October 1,
2013 through September 30, 2014; and
WHEREAS this is the fourteenth (14th) year of grant acceptance for this program; and
WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims
regarding their safety, rights, dignity, crisis intervention, court accompaniment, agency referrals,
assistance with compensation, and support services; and
WHEREAS this grant partially funds one (1) Victim Advocate position who will provide on site services to
crime victims in all courts in Oakland County; and
WHEREAS the Fiscal Year 2014 application amount of $107,004 resulted in an award of $78,750; and
WHEREAS the FY 2014 award amount of $78,750 is reduced by $4,960 from the FY 2013 award
amount; and
WHEREAS the State contribution is $63,000 (80%), and the required match is $15,750 (20%) and is in
the form of Prosecuting Attorney Victim Advocate fringe benefit cost; and
WHEREAS this award allows for the continuation of one (1) FTE SR grant funded Victim Advocate
position (#4010101-135170-09647); and
WHEREAS the State is contributing $63,000 which only partially funds the total cost of $86,961 for the (1)
Victim Advocate position; and
WHEREAS the grant award has been processed through the County Executive Contract Review Process
and the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant
funding from the State of Michigan, Department of Community Health in the amount of $63,000 and
recognizes in-kind Prosecuting Attorney Victim Advocate fringe benefit cost of $15,750 to meet the match
requirement for the period of October 1, 2013 through September 30, 2014.
BE IT FURTHER RESOLVED that one (1) FTE SR grant funded Victim Advocate position (# 40 10101-
135170-09647) is continued, but only partially funded by grant funds; the Prosecuting Attorney's Office
has agreed to convert General Fund expense budget line items to cover the funding shortage between
the grant award of $63,000 and the total position cost of $66,961 for a total of $23,961.
BE IT FURTHER RESOLVED that in-kind Prosecuting Attorney Victim Advocate fringe benefit cost is
recognized to meet the County match contribution; with no cash match requirement.
BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued grant
funding.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of
the original award.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
GRANT REVIEW SIGN OFF — Prosecuting Attorney
GRANT NAM-I: FY 2014 Victim Rights
up, 1)E7.0c,r; U Y: :2;1'3 LAA E:11, ',Lad). Liza' tn
DEPARTMENT CONTACT PERSON: Emily McIntyre 8-1034
STATUS: Grant Acceptance
DATE: Auaust 76, 201.3
Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal
grant review. Below are the returned cornmealts.
The captioned 2-.:;_ant rpate-Tials and grant acceptance package (which should include the Board of
Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Nate,
andthis Sign Offermii contpining grant review comments) may be requested to be nlacetl on
Board of C r.om_a=;:aners.' com.$) for grant aceentance by Board resolution _
DLTARTIVIEIN-T REVIEW
Department of Management and Budget:
Approved.— Laurie Van Pelt (8/20/2013)
Department of Human Resources:
Approved. — Karen Jones (8/21/2013)
_Risk Management and Safety:
Approved by Risk Management. —Robert Erlenbeek (8/20/2013)
Corporation Counsel:
There appear to be no unresolved legal issues that require action at this time. — Karen P. Agacinski (8/23/2013)
COMPLIANCE--
The Erant agreement references a lumber of specific federal and state regulations. Below is a list of these
related documents for this grant.
Michigan Crime Vithm. Rights Act (Act 87 of 1985)
httri-://1-,A,-,-rw.letsiata:earii_2.,-,v,i(S(0-wthg3f:73t-taifachcnt45))/mileg.a.so ?pa
87-of-1985&version-tct.
Mich tan- Payroll and-p-a;!,--ments-by-electronic ftmds transfer: implementation -The Management and Bndger ALI -
"PA. 533 of 204"
l'ut;,73,./7,-,ww.teoislature.roi ,-,-ov."(uu3 I x2e tYTI ri5z55z2ui-a--v45)/milei.7.astr,17 -..etObiecrfAmbie,-.7sN=e7--2001-ST----(1F,
Federal Illealth Insnrance Portability and Accountability Act of 1996 (ELTAA, Title II)
htip_://www.11.-us A A,,Cellinf0a),-,1:vr.ilo,,,ds5--TTPA Alq wrletail,Ddf
Single Audit Act of 1984 (with amendments in 1996)
htf.T.)://www, white h o USE . ovio mb/fmanci al/fi n single audi t. la tr.n1
Federal Office of Managementand Budget (OMB) Circular No. A-133.
htt-p://www.whitelionse.govictobk-irculars/a133/a133.html
Department of Health and Human Services Protection of Haman Subjects (45 CFR Part 46)
htt ://www.access 9. o nov/nara/cfr/waisidx 00/45cfr46 00.1atml
Lobbying Disclosure Act of 1995. (2 USC 1601)
brr•H • • 7-•••,'', &!•-•..7
Anti-Lobbying - Section 503 (Public Law 104-208)
bap ://arants.m.b. aov/grants/guicle/notice-files/not97-032.html
Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976"
http ://www. le gi slature.mi. gov/ (uq3lx eltrnrj 5 z55z2niwv45)/mil eg.aspx23)an.e—Retob ect&ob ectname;=- el-Act-453-o f-
19768zanvid---14718540
MiebigattPersans with Di-s.shiaties Civil Rtlats Act — "Act 220 of 1.976"
into://-vmf_letnslatin-c..mi_g,oviina31-xtteltrari5z55z2nimr,745)/mileg.ax2pat,te---.Entolotect&olriectname----Taci-Ac.--t-220—of--
1976&one.7*1----14718589
Title V J:Rig.k6 A4-.±:-IZ-L-9•64- (42 Esc Sti 2000d)
http://wv.w.usdoi.aovictIleor/coordititlevistathim
Title VII of the Civil Rights Act of 1964 (P.L. 88-352)
http://www.ceoc.
The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86)
http:11www.usdol.aov/crt/cor/coord/tit1eixstathtm
The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
http://www.dol.eov/oasamIregs/statates/sec504.htm.
Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107
htto://www.dol. acyti/oamire2sistatate,s/age act.htm
Drug Abuse Office and Treatment Act of 1972
htto://www.tida.nihRovlabout/lvgislation/Chronology,html
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
— intn://www.nida.v/abougiezislationiChronologv..html
Public Health Service Act of 1912 (U.S.C. Sections 290 dd-3, 290 ec-3)
http://ecfr,aboacces.s. envic>aiititextitext-i-dx? c---ecfr&ran----div6.&view-----text&node---42 0.1.1 .2 .1 &idncy--42
Federal Office of Management altdButl(*.et (OMB)- Guidelines to Agent on Governmentvdde Debarment and
Suspension (-Sunpraretitmat): (2. CFR, Pfitrt. MA)
httr://www.a.ccess_spo.s.rovinwsi;..117waisidx 08/2on-180 98.b.tmI
Federal Environmental Tobacco. Smoke "Pro-Children Act of 1994"
r.11-rea. ivouth./464119.bun
Federal Hatch Act Activity of Crtair# State and Local Employees
Intergovernmental -Personnel: Act of 1970- (42 U.S.C. Sections 4725-4763)
hap Wliwchgate.ac,cess. 0 uOVIC i-bin/wet-doc.ck-i?dbriamcbrov,-'se ust.-adocici—Cifr:+421-1-r-4728
httryliftweb2ate.accsa.D. ao.govIc2ri-binigetdoc.cOldbnam...--browse uso&dot.sid—Cite:4-42USC4763
Federal Office of Management and Budget (OMB) Circular No. A402.
http://vo..whitehouse, ov/ombicirculars/a.102/a102.html
Uniform Administrative Requirements for Grants and Agreements with Higher Education, Hospitals, and other
Non-profit Organizations (01VD3 Circular A-110) (2 CFR Part 215)
http://vvrww.access , gp o. g vinarai c friwaisidx OW di 215 08.1itni
ederal Health Insurance I u cabiliLy of 199ti
http://virNxi,v.cms.hh& gov/HIPAAGenInfo/Dowriloads/HIP A.....Mawdetail.p cif
Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities (Act 317 of 1968)
hap ://www.legislature.rai. ovI(u q 31x_ eltmd 5 z55z2u_iwv45 )/mil e as:p.x_? pay: e= get obj e, Aot-317- of-
1968&quenTid#34761946
Mich — Standards of Conduct for Public Officers and Employees (Act 196 of 1973)
ht -rncrww_leaislatir&frii.govt(S(30-doca2irDa2z55n2klztrnsiilmilea.aspx?naqe--RetObiect&obiectNrrnc—mol-15-341
Katie West
OMMININIAIDOWINIESECES
From:
Sent:
Cc:
Subject
VanPelt, Laurie <vandelti@oakgov.com >
Tuesday, August 20, 2013 10:59 AM
•Vvent, ;7cf.l niine r..cuen
'Mdntyre, Emily; 'Malone, Prentiss'; meierst@oakgov.com
RE: GRANT REVIEW: Prosecuting Attorney - FY 2014 Victim Rights - Grant Acceptance
Approved.
From: West, Catherine [mailto:westcaloakg_ov,com]
Sent: Tuesday, August 20, 2013 9:39 AM
To; Julie Secontinert Karen Jones; Laurie Van Pelt; Pat Davis
Cc: McIntyre, Emily; Malone, Prentiss; rneierstiF:ioakqov.com.
Sect: GRANT REVIEW: Prostuting Anomey -FY 2014 Victhn Rights - Grant Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones—Julie Secontine — Pat Davis
RE: GRANT CONTRAL I REVIEW RESPONSE— Prosecuting Attorney
FY 2014 Victim Rights
Michigan Department of Community Health
Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating
your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to
all) of this email.
Time Frame for Returned Comments: August 27, 2013
GRANT INFORMATION
Date: August 20, 2013
Operating Department: Prosecuting Attorney _
Department Contact: Emily McIntyre
Contact Phone: 248-858-1034
Document Identification Number:
REVIEW STATUS: Acceptance — Resolution Required
Funding Period: October 1, 2013 through September 30, 2014
New Facility / Additional Office Space Needs: none
IT Resources (New Computer Hardware / Software Need or Purchases): None
M/VVBE Requirements: Yes — Level 1 Compliance with OMB Circular A402
Funding Continuation/New: Continuation
Application Total Project Amount: $188,900
Prior Year Total Funding: $188,900
New Grant Funded Positions Request: No
Changes to Current Positions: 05783, 05785, 06739 & 07183
1
Katie West
From:
To:
Cc:
Subject:
Jones, Karen <jonesk@oakgovcom>
71. 201 9-27 ANI
West, Catherine; JuLieSecontine'; -Laurie VariPeltr; Pt Davis
'McIntyre, Emily'; 'Malone, Prentiss': melerst@oakgov.corn
RE: GRANT REVIEW: Prosecuting Attorney - FY 2014 Victim Rights - Grant Acceptance
Approved.
From: West, Catherine [rnailto:westcaoa kaMCOM
Sent. Tuesday, August 20, 2013 9:39 AM
To: Julie Secondne; Karen Jones; Laurie VanPelt Pat Davis
Cc: McIntyre, Emily; Malone, Prentiss; meierst(thoakgovmm
Subject GRANT REVIEW: Prosecuting A=TTLey - Pr 2Qi1 Victtr..Riç - GAccepnce
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS Laurie Van Pelt — Karen Jones —Julie Secontine —Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Prosecuting Attorney
FY 2014 Victim Rights
Michigan Department of Community Health
Attached to this email please find the grant document(s) to be reviewed_ Please provide your review stating
your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to
all) of this email.
Time Frame for Returned Comments: August 27, 2013
GRANT INFORMA ON
Date: August 20, 2013
Operating Department: Prosecuting Attorney
Department Contact: Emily McIntyre
Contact Phone: 248-8584034
Document Identification Number:
REVIEW STATUS: Acceptance — Resolution Required
Funr.Lfig Period: October 1, 2013 through Segtemher 30 . 1714
New Facility! Additional Office Space Needs: none
IT Resources (New Computer Hardware / Software Needs or Purchases): None
IVI/WBE Requirements: Yes — Level 1 Compliance with OMB Circular A-102
Funding Continuation/New: Continuation
Application Total Project Amount: $188,900
Prior Year Total Funding: $188,900
New Grant Funded Positions Request: No
Changes to Current Positions: 05783, 05785, 06739 & 07183
Katie Wes
From:
Sent:
U.
Cc:
Subject:
Erlenbeck, Robert <erlenbeckr@hakgov.com >
Tuesday, August 20, 2013 3:07 PM
'McIntyre, Emily'; 'Malone, Prentiss'; meierst@cakgov.com
RE: GRANT REVIEW: Prosecuting Attorney - FY 2014 Victim Rights - Grant Acceptance
Approved by Risk Management_ RE. 8/20/13.
From: Easterling, Tern rmaiitcy:eastertinotoakgov,comj
Sent: Tuesday, August 20, 2013 9:48 AM
To: 'West, Catherine", 'Julie Secontiner; 'Karen Jones'; 'Laurie VanPelt; 'Pat Davis'
`McIntyre, Emily'; 'Malone, Prentiss.; meterstftoakgov.com
Subject: RE: GRANT REVIEW: Prosecutng Attorney - FY 2014 VictimPigh. Grant Acceptance
Please be advised that your request for Risk Management's assistance has been assigned to Bob Erlenbeck, (ext. 8-
1694) If you have not done so already, please forward ali reiated information, documentation, and
correspondence Also, please include Risk Management's assignment number, RM13-0299, regarding this matter.
Thank you.
From: West, Catherine [mailto:westca@oakciov.corn]
Sent: TUesday, AUgust 20; 2013 9:39 AM
To: Julie Secontine; Karen Jones; LaurieVanPelt; Pat Davis
Cc: McIntyre, Emily; Malone, Prentiss; meierst(&oakgov.com
Subject: GRANT REVIEW: Prosecuting Attorney - FY 2014 Victim Rights - Grant Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt— Karen Jones—Julie Secontine— Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Prosecuting Attorney
FY 2014 ViCalTE Rights
Michigan Department of Community Health
Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating
your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to
all) of this email.
Time Frame for Returned Comments: August 27,2013
GRANT INFORMATION
Date: August 20, 2013
Operating Department: Prosecuting Attorney
Department Contact: Emily McIntyre
Contact Phone: 248-858-1034
1
Katie West
re.0123.1.1.00810.313211=111
From: Agacinski, Karen <agacinskik@oakgov.corn›
Fridi...s. len lct 2 .')01 9-.27 Am
To: Laurie yapPeit, JuHe $econtine; iones, sives1., ; mci.; iyie, E ;y .;
Prentiss
Subject GRANT REVIEW: Prosecuting Attorney - FY 2014 Victim Rights - Grant Acceptance
GRANT INTOR_MATION
Operating Department Prosecuting Attorney
Department Contaa-: Eithiy MeintyFe
Contact Plume: 24g-8.584014
Document Identification Number:
Funding Period:. eFf-::Gb== 1, 2013 through Sep tember 30,201=1
New Fatality ! A.clational Office Snace Needs: none
IT Resources (New Computer Hardware [S-oftware Needs or Purchases'y Nme
MAYBE Requirements: Yes — Level 1 Compliance with OIVIB Circular A402
Funding: Continuation
' Application Total Project Amount $188,900
Prior Year Total Funding: S188,900
New Grant Funded Positions Request: No
Changes to Current Positions: 05783, 05785, 06739 & 07183
Grantor Funds: 8188,900
Total Budget: $188,900
Match and Source: None
PROJECT SYNOPSIS
This grant provides for the partial reimbursement of three full-time county-funded Victim Advocates and one Office
Assistant II. This year's funding will provide for all 4 salaries plus FICA. and partial retirement for the Office Assistant
11.. These positions provide rights mandated under the Crime Victim's Rights Act such as victim notification, as well as
personal advocacy for victims of crime:
REVIEW STATUS:. Acceptance — Resolution Required -
There appear to he no unresolved legal issues that require action at this time.
Th...71c you,
Karen P. Agathrr-,-i
Assistant oration G3umsei
Department of Corporation Counsel
1200 N. Telegraph Road, Blida, 14 East
• Courthouse West Wing Exionsiso, 3" Floor
--Pon datc rEA---4-1:
Phone Number: (248) 858-80(/
• Fax (24) 855-1003
PRIVILEGED AND CONFIDENTIAL — ATTORNEY WENT COMMUNICATION
This e-mail is intended only for those persons to whom it is specifically addressed, it is confidentat and is protected by the attomey-olient privilege and
work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in
anyway. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above
may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If
you have any questions, please contact the Deparbrent of Corporation Counsel at 248) 858-0550. Thank you for your cooperation.
From:00PO VICTIM SERVICES
248 868 8798 08/16/2013 13:15 #127 P.002/025
a1/4,
Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as The "Department"
and
Oakland County Pro ,swatree's Mee
1200 N. Telegraph Road
Pontiac, MI 48341
Federal 1.D.#: 386004876 DUNS# 136200362
hereinafter referred to as the "Contractor
for
Victim Rights
Part I
1. Period of Agreement This agreementshall commence on 10/112013 and continue
through 09/30/2014. This agreement is in full force and effect for the period specified.
Program Budget and Agreement Amount
A- Agreement Amount
The total- amount of this agreement is .$1-88,900,00. The Department under the
terms of this agreerrent-wilf provide fording not to exceed $188.900_03_ The
fee:Lei funding. provided ley the Department .etep-oeirneeetely - 0.:A; the-
Catalog of Federal Domestic Assistance (cFaivi number is N/A and the CFDA
Title is NIA; the federal agency name is N/A; the federal grant award number is
N/A and the award phase is N/A, The federal program tie is. rstiA. The grant
agreement is designated as a:
subrecipient relationship; or
vendor relationship.
The grant agreement is de signated
E Research and development project; or
Ei Not a research and development project.
Equipment Purchases and Title
Any contractor equipment purchases supported in whole or in part through this
DCH-0655 FY 21114 2113
From:00P0 VICTIM SENICES 248 858 8798 08/16/2018 13:15 #127 P .003/026
agreement must be listed in the supporting Equipment inventory Schedule.
F„iseful
life of more than one (1) year and an acquisition cost of $6,000 or mom- per unit
Title to items having a unit acquisition cost of less than $5,000 shall vest with
the Contractor upon acquisition. The Department reserves the right to retain or
transfer the title to all items of equipment having a unit acquisition cost of
$5,000 or more, to the extent that the Department's proportionate interest in
such equipment supports such retention or transfer of title.
C. Deviation Allowance
A deviation allowance modifying an established budget category by $10,000 or
15%, whichever is greater, is permissible without prior written approval of the
Department. Any modification 01 deviations in excess of this provision,
including any adjustment to the total amount of this agreement, must be made
in writing and executed by all parties to this agreement before the modifications
can_be implemented. This deviation allowance does not authorize new
categories, subcontracts, equipment items or positions not shown in the
attached Program Budget Summary and supporting detail schedules.
3. Purpose: The focus of the program is to: implement the requirements of William Van
Regenmorter Crime Victim Rights Ad, P. A. 87 of 1985,
4. Statement of Work: The Contractor agrees to undertake, perform and complete the
services described in Attachment A, which is part of this agreement through reference,
5. Financial Requirements: The financial requirements shall be followed as described
in Part H of this agreement and Attachments B and D which are part of this agreement
through reference.
G. Performance/Progress Report Requirements: The progress reporting methods, as
applicable, shall be followed as described in Attachment C, which is part of this
agreement through reference..
7. General Provisions: The Contractor agrees to comply with the General Provisions
outlined in Part 11, which is part of this agreement through reference,
3,. Adstration of the Agreement
The person acting for the Department in administering this agreement (hereinafter
referred to as the Contract Manager) is:
Name, Location/Building Title
) 241-5275 adcockb@niontgan gov
Telephone No. Email Address
9. Contractor's Financial Contact for the Agreement:
The peTsorr acting for the Contractor on the financial reporting for this agreement is:
Laurie Van Pelt
Name
varipoltioal<gov, corn
E-Mall Address
Director of Management and Budget
Title
(248) 858-2163
Telephone No,
DCH-0665 FY 2U4
248 858 8798 08/16/2013 13:16 #127 -P.004/026- From:OGPO VICTIM SERVICES
10. Special Conditions:
A_ This g ree1nrr iL ..by
appropriate and approval and execution by the Department. -
B. This agreement is conditionally approved subject to and contingent upon the
availability of funds.
C. The Department will not assume any responsibility or liability for costs incurred
by the Contractor priorto the signing of this agreement
D. The Contractor is required by PA 533 of 2004 to receive payments by
electronic funds transfer.
11. Special Certification:
The individual or officer signing this agreement oast nes by his or her signature that he
or she is authorized to sign this agreement on behalf of the responsible governing
board, Official or Contractor.
Signature Section:
For the CONTRACTOR
Name (Please print) Title
Signature Date
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Kim Stephen, Director y Bureau of Budget and Purchasing Date
DCH-0665 FY 2014 2113
From:OTO MTN SENICES 248 858 8798 08/16/2013 13:16 #127 P.005/026
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
FY 13114 AGREEMENT ADDENDUM A
1. This addendum modifies the following sections of Part II, General Provisions:
Part II
I. Responsibilities-.-Contractor
J. Software Corm:Mame. This section will be deleted in its entirety and
replaced Net the following language:
The Michigan Department of Community Health and the County of Oakland will
work together to identify and overcome potential data incompatibility problems.
Assurances
A. Compliance with Applicable Laws. This first sentence of this paragraph
will be stricken in its entirety and replace with the following language:
The Contractor will comply with applicable Federal and State laws, and lawfully
enacted administrative rules or regulations, in carrying out the terms of this
agreement
Health Insurance Portability and Accountability Act The provisions in this
section shall be deleted in their entirety and replaced with the following
language:
Contractor agrees. that it .will comply with the Health insurance F -urbbility and
Accountability Act of 1996, and the lawfully enacted and applicable Regulations
promulgated there under_
DC x Liability. Paragraph A. will be deleted in its entirety and replaced with the following
language:
A. Expt as otherwise provided by law ne ither Party shall be obligated to
the other, or indemnify the other for any third party alatrtz, demands.,
costs, or judgments arising out of activities to be carried out pu ---dant
the obligations of either party under this Contract, nothing herein shall be
construed as a waiver of any governmental immunity for either party or
its agencies, or officers and employees as provided by statute or
modified by court decisions,
From:00P0 VICTIM SERVICES
248 858 8798 08/16/2013 13:16 #127 P.006/026.
2„ Special Certification:
The individual or officer signing this agreement certifies by his or her signature that he or she is
authorized to sign this agreement on behalf of the responsible governing board, official or
Contractor.
3. Signature Section:
For the COUNTY OF OAKLAND
Name and Title
Signature
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
• Kim Stephen, Director •
Bureau of Budget arid Purchasing
Data
Date
Date
From:00P0 VICTIM SERVICES
248 858 8798 08/16/2018 13:16 #127 P.007/026
Part H
General 1-rovisions
Responsibilities - Contractor
The Contractor in accordance with the general purposes and objectives .of this
agreement will:
A. Publication Rights
1_ Where the Contractor exclusively develops books, films, or other such
copyrightable materials through activitiet--- supported by this agreement.
the Contractor may copyright those ITLatatia)S. The -materials ,that the
Corit-actor copyrights cannot include senate recipient irifertriatien or
personal iderrtifica.tion data Coritradur theDepostr“..e.44- a roya*
free, non-exclusive and irrevocable license to reproduce, publish and tise
such materials and authorizes others to reproduce . and use such
materials. •
2. Any materials copyrighted by the Contractor or modifications bearing
acknowledgment of the Department's name must be approved by the
Department before reproduction and use of such materials. The State of
Michigan may modify the Material copyrighted by the Contractor and
may combine it with other copyrightable intellectual properly to form a
derivative work. The State of Michigan will own and hold all copyright
and other intellectual property rights in any such derivative work,
excluding any rights or interest granted in this agreement.to the
Contractor. If the Contractor ceases to conduct business for any reason,
or ceases to support the coPyrightable materials developed under this
agreement, the State of Michigan has the right to convert its licenses into
transferable licenses to the.extent consistent with any applicable
obligations the Contractor has to the federal government
3. The Contractor shall give recognition to the Department in any and all
publications papers and prestations vistag from the program and
service contract herein; the.-DepartmeatItt do Wicevise.
4, The Contractor must notify theDep--Aeies Grants and Purchasing
Division 30 days before applying to register a copyright with the U.S.
Copyright Office. The Contractor must submit an annual report for all
copyrighted materials developed by the Corrix-a.or through activities
supported by this agreement and must submit a final invention statement
and certification within 90 days of the ead at the -aorierrient period. •
B. Fees
Make reasonable efforts to collect i st and 3rd party fees, where applicable, and
report these as outlined by the Department's fiscal procedures. Any
underrecoveries of otherwise available fees resulting from failure to bill for
eligible services will be excluded from reimbursable expenditures_
DCH-X55 FY 213142/13 Page 4 of 17
From:OCP0 VICTIM SERVICES
248 858 8798 08/16/2013 18:16 #127 P.008/026
C. Program Operation
, Hnwae tre necezeeiy 1 i!!
operafionTAlhe program.
D. Reporting
Utilize all report forms and reporting formats required by the Department at the
effective date of this agreement, and provide the Department with timely review
and commentary on any new report forms and reporting formats proposed for
issuance thereafter.
E. Record filaintertarteefRetention
Maintain adequa program and fiscal ream-cis and files, including source
doczananton to support pmgrarn activiti and all expenditures made under
The terms of this agreement, as reguined. Assure that all terms of the
agreement will be appropriately adhered to and that records and detailed
docurnentation for the project or program identified in this agreement will be
maintained for a period of not less than three (3) years from the date of
termination, the date of submission of the final expenditure report or until
litigation and audit findings have been resolved.
F. Authorized Access
Permit upon reasonable notification and at reasonable times, access by
authorized representatives of the Department, Federal Grantor Agency,
Comptroller :General of the United States and State Auditor General, or any of
their duly authorized representatives, to records, files and documentation
related to this agreement, to the extent authorized by applicable state or federal
law, rule or regulation.
G. Audits
This section only applies to Contractors designated as subrecipients.
Contractors designated as vendors are exempt from the provisions of this
section.
Required Audit orlgotiti.,--aton Letter
COI ill actors mbst submit to the Department either a Single Audit,
Financial Related Audit, Financial Statement Audit, or Audit Status
Notification Letter as described below. Financial Related Audit is
applicable to non-profit contractors that are designated as subrecipients.
If submitting a Single Audit or Financial Statement Audit, Contractors
must also submit a Corrective Action Plan for any audit findings that
inrnpat-1 MDCH--ilmdMprograms, and management letter cif issued) with
a response..
a. Single Audit
Contractors that are a state, local government, or non-profit
organization that expend $500 1 000 or more in federal awards
during the Contractors fiscal year must submit a Single Audit to
the Department, regardless of the amount of funding received
- from the Department. The Single Audit must comply with the
requirements of the Single Audit Act Amendments of 1996, and
IDCH-tea5 FY 2014 2/13 PvIN 5 of 17
From:00P0 VICTIM SERVICES
248 858 8798 0e/16/2013 13:16 #127 P.009/026
OFfir. of Management .arid-Budgitt
'Stes, Local overnmen , ant lon-PrOfit Organizatio s, as
revised,
b. Financial Related Audit
Contractors that are for-profit organizations that expend $500,000
or more in Federal awards during the Contractor's fiscal year must
submit a financial related audit prepared in accordance with
Government Auditing Standards relating to all Federal awards; or
an audit that meets the requirements contained in OMB Circular
A-133, if required by the Federal awarding agency.
c. Financial Sthtement Audit
Contractors exempt from the Single Audit and Financial Related
Audit requirements that receive $500,000 or more in total funding
from the Department in State and Federal grant funding must
submit to the Department a Financial Statement Audit prepared in
accordance with generally accepted auditing standards (GAAS).
Contractors exempt from the Single Audit and Financial Related
Audit requirements that receive less than $500,000 of total
Department grant funding must submit to the Department a
Financial Statement Audit prepared in accordance with GAAS if
the audit includes disclosures that may negatively impact MUCH-
funded programs including, but not limited to fraud, going concern
uncertainties, financial statement misstatements, and violations of
contract and grant provisions.
d. Audit Status Notification Letter
Contractors exempt from the Single Audit, Financial Related-Audit
and Financial Statement Audit requirements (a., b., and c. above)
must submit_ an Audit Status Notification Letter that certifies these
exemptions: The template Audit Status Notification Letter and
further instructions are available at httolivvww.rnichioan_dovimdch
by selecting Inside Community Health— MDCH Audit.
2. Due Date and Where to Send
The required audit and any other required submissions (i.e. Corrective
Action Plan and Management letter with a response), or audit Status
Notification Letter must be submitted to the Department within nine
months after the end of the Contractor's fiSeal r,rea'S by e-maii to the
Department at MDCH-AuditReportsrOmichioan.oav. The required
rnatpri2is must be assembled as one document in a PDF file compatible
with Adobe Acrobat (read only), The subject fine must state the agency
name and fiscal year end. The Department reserves the right to request
a hard copy of the audit materials if for any reason the electronic
submission process is not successful.
DC11-0665 FY 2014 2/13 Page nt 17
From:CCP0 VICTIM SERVICES
248 858 8798 08/16/2018 13:16 #127 P.010/026
3. Penalty
n Ilhot.
Audit-
nf note Age Finan Ptcr r FinP.nriPI Stterne.nt
if the Contractor does not submit the required Single Audit
Financial Related Audit, or Financial Statement Audit, including
any management letter with a response and applicable Corrective
Action Plan within nine months after the end of the Contractor's
fiscal year arid an extension has not been approved by the
cognizant or oversight agency for audit, the Departme-nt may
withhold from the current funding an amount e.qua.I to five !Percent
of the audit year's grant funding (not to exceed $200,000) until the
required filing is received by the Depaiiment, The Depaoailerit
may retain the amount withheld if the Contra ctor is more than 120
days delinquent in meeting the filing requirements and an
extension has not been approved by the cognizant or oversight
agency for audit The Department may terminate the current
grant if the Contractor is more than 180 days delinquent in
meeting the filing requirements arid an extension has not been
approved by the cognizant or oversight agency for audit.
Delinquent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter, when
required, may result in withholding from the current funding an
amount equal to one percent of the audit year's grant funding until
• the Audit Status Notification Letter is received.
4. Other Audits
The Department or federal agencies may also conduct or arrange for
"agreed upon procedures" or additional audits to meet their needs.
•SubrecipientiVenclor Monitoring
The Contractor must ensure that each of its subrecipients comply with the
Single Audit Act requirements. The Contractor must issue management
decisions on audit findings of their subrecipients as required by OMB Circular
A-133.
The Contractor must also develop a subrecipient monitoring plan that
addresses 'during the award monitoring" of subrecipients to provide
reasonable assurance that the subrecipient administers Federal awards in
compliance with laws, regulations, and the provisions of contracts, and that
performance goals are achieved_ The subrecipient monitoring plan should
include a risk-based assessment to determine the ievei of rwersight„. and
monitoring activities such as reviewing financial and performance areports,
performing site visits, and maintaining regular contact with subrecipients. •
The Contractor must establish requirements to ensure compliance for for—
profit subrecipients as required by OMB Circular A-133, Section .210(e)
The Contractor must ensure that transactions with vendors comply with laws,
regulations, and provisions of contracts or grant agreements in compliance with
OlvlB CircularA-133, Section .210(f).
DC1-1-0686 FY 2014 2/13 P4le 7 of 17
From:OCPO VICTIN SERVICES
248 858 8798 08/16/2013 18:17 #127 P.011/025
I. Notification of Modifications
Provide timeiy notification to we Department; in -writing, • of • any ad:10.11 ,J3F its
governing board or any other funding source tffaT would 'require or result -11'i
significant modification in the provision of services, funding or compliance with
operational procedures.
J. Software Compliance
The Contractor must ensure software compliance and compatibility with the
Depaitilient's data systems for services provided under this agreement
including, but. not limited= to: stored data, databases, and interfaces for the
production of work products and reports. Ail required data under this
agreement shall be provided in an accurate= and 'timely manner without
interruption, fame or - enters due to the inacornacy of the Contractor's business
operations for processing date/time data.
. K. Human Sublects . .
The Contractor will comply with Protection of Human Subjects Act, 45 CFR,
Part 46. The Contractor agrees that prior to the initiation of the research, the
Contractor will submit institutional Review Board (IRS) application material for
all research involving human subjects, Which is conducted in programs
sponsored by the Department or in programs which receive funding from or
through the State of Michigan, to the Department's IRS for review and approval,
or the IRS application and approval materials for acceptance of the review of
another IRS. All such research must be approved by a federally assured IRS,
but the Departments IRS can only accept the review and approval of another
institution's IRB under a formally-approved interdepartmental agreement. The
manner of the review will be agreed upon between the Department's . IRS,
Chairperson and the Contractors IRS Chairperson or Executive Officer(s).
IL Responsibilities- Department
The Department in accordance with the general purposes and objectives of this
agreement will:
A. Reimbursement
Provide reimbursement in accordance with the tenns and conditions of this
agreement based upon appropriate reports, records, and documentation
maintained by the Contractor, .
Report Forrns
Provide any report forms and reporting formats required by the Department at
the effective date of this agreement, and provide to the Contractor any new
report forms and reporting formats proposed for issuance thereafter at least
ninety (90) days prior to their required usage in order to afford the Contractor an
opportunity to review and offer comment.
III, Assurances
The following assurances are hereby given to the Department:
A. . Compliance with Applicable Laws
The Contractor will comply with applicable federal and state laws, guidelines,
DCFi-05U5 FY 2014 210 Page 8 of 17
F r om °CPO V OTIM SERVICES 248 858 87e8 08/16/201S 13:17' 4127 P.O: 2/026
rules and regulations in carrying out the terms of this agreement. The
c.ntr •crtn-mht Wifh t! 2dministratIv=
--requi-Fements-such -as-0 everin g-cerst- p-Finciples,-gra ntiagreern
principles, and audits in carrying out the terms of this agreement.
Anti-Lobbying Act
The Contractor will Comply with the Anti-Lobbying Act, 31 USC 1352 as revised
by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq. and Section 503 of
the Departments of Labor, Health and Human Services, and Education, and
Related Agencies section of the FY 1997 Omnibus Consolidated Appropriations
Act (Public Law 104-208). Further, the Contractor shall require that the
language of this assurance be included _in the award documents of all
subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans and cooperative agmement) and that all subrecOients shall
certify and disclose accordingly.
C. Non-Discrimination
1. In the performance of any contract or purchase order resulting herefrom,
the Contractor agrees not to discriminate against any employee or
applicant for employment or service delivery and access, with respect to
their hire, tenure, terms, conditions or privileges - of employment,
programs and services provided or any matter directly or indirectly
related to employment, because of race, color, religion, national origin,
ancestry, age, sex, height, weight, marital status, physical or mental
disability unrelated to the individual's ability to perform the duties of the
particular job or position or to receive services. The Contractor further
agrees that every subcontract entered into for the performance of any
contract or purchase order resulting herefrom will contain a provision
requiring non-discrimination in employment, service delivery and access,
as herein specified binding upon each subcontractor, This covenant is
required pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as
amended, MCL 372201 at seq., and the Persons with Disabilities Civil
Rights Act, 1976 PA 220, as amended, IVICL 37_1101 at s&4_, and any
breach thereof may be regarded as a material breach of the contract or
purchase order.
2. The Contractor will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P,L. 88-352) which
prohibits discrimination on the basis of race, color or national
origin;
b. Title IX of the Education Amendments of 1972, as amended (20
-U.S.C. §§1681-1683, and 1685-1586), which prohibits
discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. §794), which prohibits discrimination on the basis of
handicaps;
d, the Age Discrimination Act of 1975, as amended (42 U.S.C.
§§6101-6107), which prohibits discrimination on the basis of age;
3CH-06851-TY 2014 2/13 Page of 17
From:00P0 VICTIM 1=RVI0E8 248 858 8798 08/16/2013 1817 #127 P.013/026
e. the Drug Abuse Office and Treatment Act of 1972 (Pi_ 92-255),
—abuse;
f. the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-816) as
amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
g.§§523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to
confidentiality of alcohol, and drug abuse patient records
k any other nondiscrirninatian provisiom in the specific statute(s)
tinder which application for Federal assistance is being made;
and,
i. the requirements of any other nondiscrimination statute(s) which
may apply to the application.
3. Additionally, assurance is given to the Department that proactive efforts
will be made to identify and encourage the participation of minority
owned and women owned businesses, and businesses owned by
persons with disabilities in contract solicitations. The Contractor shall
incorporate language in all contracts awarded: (1) prohibiting
discrimination against minority owned and women owned businesses
and businesses owned by persons with disabilities in subcontracting; and
(2) making discrimination a material breach of contract.
D. Debarment and Suspension
Assurance is hereby given to the Department that the Contractor will comply
with Federal Regulation, 2 CFR part 180 and certifies to the best of its
knowledge and belief that it, its employees and its subcontractors:
1. Are not presently debarred, suspended, for debarment,
dez from bared ineligible, or voluntarily excluded ono covered transactions by
any federal department or contractor;
Have riot within a three-year period preceding this agreement been
Convicted of or had a ciVil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
transaction or contract undera public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, tannery,
brbeiy, faisifen or destruction of records, making false statements,
or receiving stolen property;
Are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the
offenses enumerated in section 2, and;
Have not within a three-year period preceding this agreement had one or
more public transactions (federal, state Of local) terminated for cause or
default.
OCH-0665 FY 2114 2'13 Page 10 of 17
comp
From:00P0 VICTIM SERVICES
248 858 8798 08/16/2013 18 :1 7 #127 P.014/026
E. Federal Requirement: Pro-Children Act
Assurance • isenerebegv e •' to • D . .
I
a F.0 nown as the Pro-Children Act (if
.gfir GTO;
UJIC SW
1994, 20 USC 6081 et seq, which requires that smoking not be permitted
in any portion of any indoor facility owned or leased or contracted by and
used routinely or regularly for the provision of health, day care, early
childhood development services, education or library services to children
under the age of 18, if the services are funded by federal programs either
directly or through state or local governments, by federal grant, contract,
loan or loan guarantee. The Ww also etppfles to children's services that
are provided in indoor facilities that are constructed, operated, or
maintained with such federal funds. The "4‘w does not apply to children's
services provided in pril.miB resicLerict, peetions of facilities used for
inpatient drug or alcohol treatment; service providers whose sole source
of applicable federal funds is Medicare or Medicaid; or facilities where
Women, Infants, and Children (WIC) coupons are redeemed. Failure to
comply with the provisions of-the law may result in the imposition of a
Civil monetary penalty of up to $1,000 for each violation and/or the
imposition of an administrative compliance order on the responsible
entity. The Contractor also assures that this language will be included in
any subawards which contain previsions for children's services.
2. The Contractor also assures, in addition to compliance with Public Law
103-227, any service or activity funded in whole or in part through this
agreement will be delivered in a smoke-Ree facility or environment.
Smoking shall not be permitted anywhere in the facility, or those parts of
the facility under the control of the Contractor. If activities or services are
delivered in facilities or areas that are not under the control of the
Contractor (e.g., a mall, restaurant or private work site), the activities or
services shall be srnoke-free. -
F. Hatch Political Activity Act and Intergovernmental Personnel Act
The Contractor will comply virith the Hatch Polifical Activity Act, 5 USC 1501- 5•M
and 7324-7328, and the Intergovernmental Personnel Act of 1970, as amended
by Title VI of the Cl Service Reform Ad, Puiac. Law 95-454 ; 42 USC 4728 -
4763. Federal funds cannot be used for partisan political purposes of any kind by
any person or organization involved in the administration of federally-assisted
programs.
Subcontracts
re for any subcontracd se Pi:Tuck=
That a written subcontract is executed by aU affected parties prior , to the
initiation of any new subcontract activity. Exceptions to this policy may
be granted by the Department upon written request within 30 days of
execution of the agreement_
2. That any executed subcontract to this agreement shall require the
subcontractor to comply with all applicable terms and conditions of this
agreement In the event of a conflict between this agreement and the
OCH-cle,z.5 FY 2014 2/15 Page 11 of 17
From:00P0 VICTIM SERVICES 248 858 8788 08/16/2013 13:17 #127 P015/026
provisions of the subcontract, the provisions of this agreement shall
A. conflict se een is agreement and a subcontrac•ovvever, s a no
be deemed to exist where the subcontract:
a Contains additional non-conflicting provisions not set forth in this
agreement;
b. Restates provisions of this agreement to afford the Contractor the
same or substantially the same rights and privileges as the
Department or
c_ Requires the subcontractor to perform duties and/or services in
less time than that afforded the Contractor in this agreement
3. That the subcontract does not affect the Contractor's accountability to
the Department for the subcontracted activity.
4. That any billing or request for reimburseMent for subcontract costs is
supported by a valid subcontract and adequate source documentation on
costs and services.
That the Contractor will submit a copy of the executed subcontract if
requested by the Depai Went
H. Procurement
Assure that all purchase transactions, NO ether negotiated or advertised, shall
be conducted openly and competitively in accordance with the principles and
requirements of OMB Circular A-102 as revised, implemented through
applicable portions of the associated 'Common Rule" as promulgated by
responsible federal contractor(s), or 2 CFR, Part 215 (0IVIB Circular A-110) as
amended, as applicable, and that records sufficient to document the significant
history of all purchases are maintained for a minimum of three years after the
end of the agreement period_ .
Health Insurance Pothbillty Accountability Act
To the extent that this act is pertinent to the services that the Contractor
provides to the Depai ¢ under this agreement the Contractor assures that it
is in compliance with the Health Insurance Portability and Accountability Act
(HIPAA) requirements including the following:
1_ The Contractor must not share any protected health data and information
provided by the Department that falls within 1 -111°AA requirements except
as permitted or required by applicable law; or to a subcontractor as
appropriate under this agreement
2. The Contractor will ensure that any subcontractor will have the same
obligations as the Contractor not to share any protected health data and
information from the Department that falls under HIPAA requirements in
the terms and conditions of the subcontract.
3. The Contractor must only use the protected health data and information
for the purposes of this agreement.
DC1-14:16e5 FY 2014 2/-tn Page 12o1 17
From:OCP0 VICTIM SERVICES
248 858 8798 08/16/2013 13:184127 R.0 6/026
4. The Contractor must have written policies and procedures addressing.
11.44...,.!th • el..mf..1. • 7mi-4 +hr,. fP!itz ,1nrig'r th
HIPAA---requirements,---
applicable federalfederal • and state requirements including the HIPAA
regulations. These policies and procedures mast include restricting
access to the protected health data and information by the Contractor 's
employees.
The Contractor must have a policy _and procedure to immediately report
to the Department any suspected or confirmed unauthorized us,e or
disclosure- of protected health data and information that fails under the
1-11PAA. requirements of which the Contractor becomes • aware. The
Contractor mil work will the Department to mitigate the breach, and will
proVide _assizutces. to . the Department of corred:ive actions to prevent
further unauthorized uses or disclosures_
6. Failure to ,complywtth.anyof these contractual requirements may result
in theterrnination -of this agreement in accordance with Part II, Section V.
Agreement Termination.
7 In accordance with HIPAA requirements, the Contractor is liable for any
claim, loss or damage relating to unauthorized use or disclosure of
protected health data and information • by the Contractor received from
the Department or any other source.
8. The Contractor will enter -into a business associate agreement should the
Department determine such an agreement is required under HIPAA..
IV. Financial Requirements
A. Operating Advance
An operating advance may be requested by the Contractor to assist with
program .operations_ The request should be addressed to the Contract
Manager identified in Part I, Item . 8_ The operating advance will be
administered. as follows:
The advance amount requested must be reasonable in relationship to
the prograirn.'s requirements, billing cycliee, etc.; and in no case may the
advance exceed the amount required for 60 days operating expense.
Operating advances will be monitored and adjusted by the Department
according to total Department agreement amount.
2_ The advance must be recorded as an account payable to the
Depannent in the Cantactor's financial records. The operating advance
payable must remain in the Contractor's financial records until fully
recovered by the Department.
3. The monthly Financial Status Report (FSR) reimbursement for actual
expenditures by the Department should be used by the Contractor to
replenish the operating advance used for program operations.
4. The advance must be returned to the Department within 30 days of the
end date of this agreement unless the Contractor has a recurring
agreement with the Department, and may not be held pending
agreement audit. Subsequent Department agreements may be withheld
DCW0665 FY 2014 2/1•3 Pagel3 Of 17
From:OTO VICTIM SERVICES 248 858 878 08/16/2013 18:18 4127 P.017/026
pending recovery of the outstanding advance from a prior agreement. If
,• :a.g.p.a811 fl
Department-requiresnan-annuatc onfirmationnof -the-o-utstanding_operating
advance_
The Department may obtain the Ivlichigan Department of Treasury's
assistance in collecting outstanding operating advances. The
Department will comply with the Michigan Department of Treasury's Due
Process procedures prior to forwarding claims to Treasury. Specific Due
Process procedures include the following:
a. Department offer of a hearing to dispute the debt .9 the
• time, place and date of such hearing_
b. A hearing by an impartial official
c. An opportunity for the Contractor to examine department's
associated records.
d. An opportunity for the Contractor to present evidence in person or
in writing.
a A hearing official with full authority to correct errors and make a
• decision not to forward debt to Treasury.
f. Contractor representation by an attorney and presentation of
witnesses if necessary.
5. At the end of either the agreement period or Department's fiscal year,
whichever is first, the Contractor must respond to the Department's
request for confirmation of the operating advance. Failure to respond to
the confirmation request may result in the Department recovering all or
part of an outstanding operating advance.
B. Reimbursement Method
The Contractor will be reimbursed in accordance with the staffing grant
reimbursement method as follows:
Reimbursement from the Department is based on the uriderstanda . that
Depar irrientfunds will be paid up to the total Department attrzala°C a as ag3:-d to
in the approved budget Department funds are 'first source after the application
of fees and earmarked sources unless a specific local match condition exists.
C. Financial Status .Report Submission
Financial Status Reports (FSRs) shall be prepared and submitted to:
Michigan Departnent of COM munity Health -
Accounting Division
Expenditure Operations Section
P.O. Box 30720, Lansing, Michigan 48909
FSRs must be submitted on a monthly basis, no later than thirty (30) days after
the close of each calendar month_ The monthly FSRs must reflect total actual
program 'expenditures, regardless of the source of funds. Attachment D
contains the FSR form_ The FSR form and instructions for completing the FSR
DCH-3665 FY 21314 2113 Peoe 14 of 17
From:OCP0 VICTIM SERVICES
248 858 8798 08/16/2013 13:18 4'127 .018/026
form are available through your Contract Manager or the Departments web
http://wvvw. mi chiean.eovid ocurn e nts/D CH-0384-
Financial Status Report 8214 Todf and
htto://www.michigan.govidocuments/DCH-0384-
Financial Status Report Instructions 8216 Tpcit
Failure to meet financial reporting responsibilities as identified in this agreement
may result in withholding future payments.
Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration process to
receive all State of Michigan payments as Electronic Funds Transfers
(Et- I )(Direct Deposits, as .mandated by PA 533 of 2004. Vendor registration
information is available through the Department of Management and Budget's
web site:
• ht-to://michigaragovicoexpress
E, Final Obligations and Financial Status Report Requirements
1_ Obligation Report
The Obligation Report, -based on annual guidelines, must be submitted
by the due date using the format provided by the Department's
Accounting Division. The Contractor must provide an estimate of total
expenditures for the entire agreement period_ The information on the
report will be used to record the Department's year-end accounts
payables and receivables for this agreement.
2. Department-wide Payment Suspension
A temporary payment suspension is in effect on agreements during the
department's year-end closing period beginning September 13 th until
mid-November. FSRs through the August period should be submitted by
September en to ensure payment prior to the payment suspension
period.
3. Final FSRs
Final FSRs are due sixty (60) days following the end of the fiscal year or
agreement period. The final FSR must be clearly marked 'Final'. Final
PSRs not received by the due date may result in the loss of funding
requested on the Obligation Report and may result in the potential
reduction in the subsequent yeafs agreement amount.
F. Unobligated Funds
Any unobligated balance of funds held by the Contractor at the end of the
agreement period will be returned to the Department or treated in accordance
with instructions provided by the Department.
V Agreement Termination
The Department may cancel this agreement without further liability or penalty to the
Department for arty of the following reasons:
DC H-0666 FY 2014 2113 Page 15 of 17
From:OCP0 VICTIM SERVICES
248 858 8798 08/18/2018 13:18 #127 P.019/028
A_ This agreement may be terminated by either party by giving thirty (30) days
written iiotioc... t tho otheo party stetng Inc re 72 VI -)111.ir I
effective-date
B. This agreement may be terminated on thirty (30) days prior written notice upon
the failure of either party to carry out the terms and conditions of this
agreement, provided the alleged defaulting party is given notice of the alleged
breach and fails to cure the default within the thirty (30) day period.
This agreement may be terminated immediately if the Contractor or an official of
the Contractor or an owner is convicted of any activity referenced in Secrio- n
OLD. of this agreement during the term of is agreement Or any extension
thereof.
VI. Final. Reporting Upon Terminaton
Should this agreement be terminated by either party, within thirty (30) days after the
termination, the :Contractor shell provid.e::the Department with all financial, performance
and other reports required as a condition of this agreement. The Department will
make payments to the Contractor for allowable reimbursable costs not covered by
previous payments or other state or federal programs. The Contractor shall
immediately refund to the Department any funds not authorized for use and any
payments or funds advanced to the Contractor in excess of allowable reimbursable
expenditures. Any dispute arising as a result of this agreement shall be resolved in
the State of Michigan.
VII. Seven b ilitv
If any provision of this agreement or any provision of any document attached to. or
incorporated by reference is waived or held to be invalid, such waiver or invalidity shall
not affect other provisions of this agreement.
VIII. Amendments
Any changes to this agreement will be valid only if made in writing and accepted by all
parties to this agreement. Any change proposed by the Contractor which would affect
the Deparhment funding of any project, in whole or in pert in Part I, Section 2.C. of the
agreement must be submitted in writing to the Department for approval immediately
upon determining the need for such chano*I..
IX. Liability
A. All liability to third parties, iossi or damage as a result of claims, demands,
:costs, or judgments arising out of aofikritos, such as direct service delivery, to
be carried out by the Contractor in the performance of this agreement shall be
the responsibility of the Contraotoo, a riot: 17,z asonsibiWy of the Department.,
if the liabifity, loss, OT damage isor,:.orsezi by., or arises out of, the e.,--=7:0,az or
failure to act on the part of the COntrECtOl, any subcontractor, anyone directly or
indirectly employed by the Contractor, provided that nothing :herein Shall be
construed as a waiver of any governmental immunity that has been provided to
the Contractor or its employees by statute or court decisions.
B. All liability to third parties, lass, or damage as a result of claims, demands,
costs, or judgments arising out of activities, such as the provision of policy and
DC-1-35 FY 2C114 2/1$
Page 16 of 17
From:OCPC VICTIM SERVICES
248 858 8798 08/16/2013 13:18 W127 P020/028
procedural direction, to be carried out by the Department in the performance of
• ;-,,i4.1:eci.r*rit .the:•• .thP:.....nr,r74mPrt:t• • arld•• • r'2t....thP
lossi-or-damage2is oaLiSeciby, or
arises out of the action or failure to act on the part of any Department
employee or agent, provided that nothing herein shall be construed as a waiver
of any governmental immunity by the State, its agencies (the Department) or
employees as provided by statute or court decisions.
C.. In the event that liability to third.parties, loss, or damage arises as a result of
activities concluded jointly by the Contractor and the Department in fulfillment of
their responsibilities under this agreement, such liability, loss, or damage shall
be borne by the Contractor and the Department in relation to each party's
responsibilities under these joint activaies, provided that nothing herein shalt be
construed as a waiver of any :rneritai immunity by the Contractor, the
State, its agencies (the Department). or their employees, respectively', as
provided by statute or court decisions.
X. Conflict of Interest
The Contiactor and the Department are subject to the provisions of 1968 PA 317, as
amended, IVICL 15.321 et seq. MSA•4.1700(51) et seq, and 1973 PA 196, as
amended, MCL 15.341 et seq, MSA 41700 (71) et seq.
Xl. State of Michigan Agreement
This is a State of Michigan Agreement and is governed by the laws of Michigan. Any
dispute arising as a result of this agreement shall be resolved in the State of Michigan.
XII. Confidentiality
Both the Department and the Contractor shall assure that medical services to and
information contained in medical records of persons served under this agreement, or
other such recorded information required to be held confidential by federal or state
law, rule or regulation, in connection with the provision of services or other activity
under this agreement shall be privileged communication, shall be held confidential,
and shall not be divulged without the written consent of either the patent or a person
responsible for the patient, except as may be otherwise permitted or required by'
applicable state or feder& law or regulation. Such information may be disclosed in
summary, statistical, or other form, which does not directly or indirectly identiFy
particular individuals.
DCH4665 FY 20142/13 Page17 a' 17
From:OTO MTN SERVICES
248 858 8798 08/16/2013 18:19 #127 P.021/026
ATTACHMENT A
STA 1 V.,NEENT OF WORK
Pr osecuthr - Victim Right Programs
1. Responsibilities - Contractor
Through acceptance of this grant the Contractor agrees to the following:
A. It shall establish procedures and develop budgetary and training criteria to
implement the requirements of the William Van Regertmorter, Crime Victim
Rights Act, PA 87 of 1935, (hereafter referred to as -the Act"),
B. It shall perforrn duties required to iatplemett the Act.
C. It shall annually review its personnel and procedures to confirm its compliance
with the Act.
D. It shall provide the Department with monitoring, budgetary and plannin
information as requested.
It shall assure that disbursements received through this grant do not supplant other
funds available for services to Nictiw_s of crime or axe used to supplant funding for
activities historically funded locally or through other means.
It shall assure that expenditures - shall only he made for the purpose of providing
those services required by the, the Act (MCL 780.751 to 780.834) (TT as approved
by the Department
G. It shall maintain adequate program and fiscal records and files including source
documentation to support program activities and all expenditures made under the
terms of this agreement
From:0CP0 VICTIM SERVICES
248 858 8798 08/16/2018 13:19 #127 P,022/026
ATTACHMENT BA
PROGRAM BUDGET SUMMARY
View at 100% ar Larger MICHIGAN DEPARTMENT OF COMMUNITY HEAL-II-i
use WHOLE DOLLARS Only
(_.,:0-7 I j,,,i.t..,..FpAiit__, -,
ViclIm t-itignts 08/02/2013 1 2.
CONTRACTOR NAME
Oakland County Prosecutor's Office
BUDGET PERIOD
From: 101112013 To: 09/3012014
MAILING ADDRESS (Number and Street)
1200 N Telegraph Road BUDGET AGREEMENT i AMENDMENT tt
ORIGINAL. 0 AMENDMENT 0- I
crrY
Pontiac -
STATE
Michigan
ZIP CODE
483414a341
FEDERAL ID NUMBER
385084878
EXPENDITURE CATEGORY i T TAL BUDGET
l SALARIES &WAGES T 3171 553 3171
Z. FRINGE BENEFITS SlE,247 $ili5 Eii4 s
ITRAVEL
4. SUPPLIES & MATERIALS
5. CONTRACTUAL (Subcontracts/Subre&pienta)
a. EQUIPMENT
7. OTHER EXPENSES
49. TOTAL DIRECT EXPENDITURES
Sum of I. (nes 1-7)
S188,9 . 3188$00
INDIRECT COSTS: Rate #1 %
INDIRECT COSTS: Rate #2 %
1 0. TOTAL EXPENDiTURES $1 88,900 $188,900
SOURCE OF FliNDI
11, FEES & COLLECTIONS
12_ STATE AGREEMENT 3188,900 318.8.900
13_ LOCAL
14_ FECERAL
15. OTHERi:S) ,....,_ _ .
16. TOTAL FUNDING
AUTHORITY: PA 308 of 1578
COMPLE i ION: Is Voluntary, but is required as a condition
$188,900
of funding
al Community Health
services and programs
$188,900
is an equal
provider.
The Department
opportunity employer,
Cli-0385 2014 2113 (IM Previous Editions Obsolete
DCH-0665 FY 2014 2113
Trom:O1iP0 VICTIM SERVICES
248 858 8798 08/16/2013 18:19 4i27 P.023/026
ATTACHMENT B.2
rf: — ).=
View at 100% or Lorget MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
F•age I Uf 2
Use WHOLE DOLLARS On!
1 PROGRAM
Victinet Rights
•
BUDGET PERIOD DATE PREPARED
From:
1011/2013
To:
9/30/2014 08102)201 3
CONTRAcTOR NAME -
Oakland County Prosecutors Office
BUDGET AGREEMENT
NORIGINAL :AMENDMENT AMENDMENT #
1. SALARY & WAG E.S POSITIONS
• COMMEgTS
Pio SITI ON ID ESCR/PTION - F-c•QUiPcD TOTAL SALARY
trrctirn Pdx ae 1 545,01 I
VihaoAdvocato
I .545,0t1
Victim Advocate
Office ACS 't.atlit. Li
F,26-.92r3
1. TOTAL SALARI S & WAGEst $171,953
2.. FRINGE BENEFITS (Specify)
[Zi FICA DUFF INS.
OUNEMPLOY INS. OVISION INS.
EIRE I IREMENT 01-fiEARING INS.
ElOENTAL INS. COMPOSITE RATE
' []WORK COMP. AMOUNT a-t%
-
_ 2, TOTAL FRINGE BEN Fli'S..
of Total Expenditures)
3. TOTAL TRAVELz
$16,947
1
$0
[HOSPITAL INS. •OTHER (SpeCIfy)
3, TRAVEL (Specify if category exceeds 10%
4. SUPPLIES & MATERIALS (Specify if category exceeds 10% of Total Expenditures)
4. TOTAL SUPPLIES &MATERIALS:
5. CONTRACTUAL fSpecify SulacontractsiSubrecipients)
Marne . Address Amount
C.EKMACTUALz
. • .
B. TOTAL
E. EQUIPIYIENT (Specify iterrf)
B.
_
• ..
lu. AL EQUIPMENT:
T. OTHER EXPENSES f.SF=ffy'ff catetatiry faXCeetki•'IC% of To= Expenditures )
.... 7_ TOTAL aTHER:
$0
B. TOTAL DIRECT EXPENDITURES I,Surli of Testais 1-7) a. TOTAL DIRECT EXPENDITURES; I 188 900
9. INDIRECT COST CALCULATIONS Rate #1: Base SG X Rate 3.11030 % Total
Rate #2: Base $3 X Rate 0.0000 % Total
. TOTAL INDIRECT EXPENDITURES:
..
--71-Ri-,96-.61
O. TOTAL EXPENDITURES (Sum of lines 8-
AUTHORITY: P A 36!3 of ISIS
COMPLETION: Is VoluMary, trut is required ns a conditon of Funding
The Department or Community Noah is afi equal opoortunly employer, services
and pcoprerns pravIder.
LICH-0.3-86 • ev 2,13 firV) Previous EclitIon Obsolete. Use Ahdidenat Sheets as Needed — —,
From:OCP0 VICTIM SERVICES
248 858 8798 08/16/2018 13:19 4127 P024/026
C
PERFORMANCE/PROGRESS REPORT REQUIREMENTS
Prosecutor — Victim Rights Frog-rants
A. The Contractor shall submit the following /events on the following dates:
Quarterly Financial &. P Reports should be submitted by the contractor on
the 30d1 day following the end offriequarti-s.r. Reports are available on the Mieraet
at h s://si webindch_state.rniuslsi !An Reports should be completed and
submitted to the CVSC via the interact. Due dates for submission of Quarterly
Financial & Program Report are as follows:
January 30, 2014
April 30, 2014
July 30, 2014
October 30, 2014
Program Report/Case Synopsis is to be submitted annually with the April-June
quarter on. the form provided via httos://sigma2web.mdch.statemi.us/siDna2/
Any such other information as s'pecified in Attachment A. shall be developed and
submitted by the Contractor as required by the Contract Manager.
C. Reports and information shall be submitted to the Department of Community
Health, Crime Victim Services Commission via the -website,
https://signia2webandch.statc.nalus/signia2/*
*These insinictions, sispim-ce_de directions, in the General Provisions, Seclion
C,, entitled Financial Status Report Submission
D. The Contract Manager shall evaluate the reports submitted as described M A. and
B. above for their completeness and accuracy.
E. The Contractor shall permit the Department or its . designee to visit and to make an
evaluation of the project as determined by the Contract Manager.
From:00P0 VICTIM SERVICES
248 858 8798 08/16/2013 13:1S 4'127 P.025/026
ATTACUMENT
FINAL EXPENDITURE REPORT
A. The contractor Shall submit the Ymal Ez,.-7teriditure Report sixty (60) days
follovoin.g the end of the fiscal year. Firm! Expenditure Reports are
available on the llama at hfips:ilsigrua2we-bat:tckitsth-tesni_psisigint2.
- Final Expmnditure P:epor--- should be oumplo+--za and Fabn-itted to the.
Crime Victim Services Commission vita the interact. The due date for
submission oftho.Fii al Expenditure Report is as follows:
November 30, 2014
B_ Final Expenditure Reports not received by the due date may result in a
loss of funding requested per the report of total agreement expenditures
and may result in the potential reduction in subsequent year's agreement
amount,
From:OCP0 V0TI N SERVICES
248 858 8788 08/16/2018 13:1e127 P' 026/026
OTHER PROGRAM SPECIFIC REQUIREMENTS
Prosecutor — Victim Rights Programs
Description of Other Program Specific est.&
A.- Overtime costs are not permitted for employees funded by this agreement.
B. Travel funding is ptuvided exclusively authorized PACC/PAAM train:Lap and
conferences sponsored by the Department.
The contractor shall complete and submit all required reports to the Department to
assure continued funding.
D. Personnel funded under this agreement shall attend an annual victim rights
training opportunity supported by the Department.
F. The contractor shall provide the Department with a position description of the
personnel funded under this agreement
F. P --oonnel supported under this agreement or performing work under this
agreement shall 1 aintain a funding distribution timesheet as required in the
CVSC, January 2003; Program Instructiontegarding timesheets.
G. Internal controls should be established to assure that positions funded through th e
Crime Victim Rights grant dedicate the designated percentsge of time that is
reflected in the contract to reimbursable Victim Rights activities. Victim Rights
duties and activities are those activities that are statutorily created and mandated
by the William Van Reemnort...., Crime Victim Rights Act, P.A. 87 of 1985 and
Article I, Section 24 of the Asfiehipn Constitution. Crime Victim Rights Funding
is not to be used to support routine Pros7eent•r responsibilities that existed pier to
the enactment of the William Van Regenmatter, Clime Victim Rights Act and
Article l, section 24, of the Michigan Constitution_ Some examples of
nonreimbursable routine P10.30=tor Office activities are, witness management,
subpoenas, dockets, pleadings, warrants, restitution colleedori & management,
closing cases and -police repom.
H. Crime Victim Rights Week Fund-mg, as distributed by the Prosecuting Attorney
Associadon of Michigan, is to he used to promote public awareness and
educational opportunities concerning Victim Rights within the commnnities that
we serve, key audience being, members of the community at large, schools and
community groups. Keepsakes, souvenirs or gills purchased in commemoration
of Victim Rights Week shall be distributed in conjunction with planned
community events to the general public not to prosecutor staff or elected officials.
( 10,000)
( 13,961)
23,961
$ -0-
21,796
40,601
23,961
$86,358
$45,027
(3,879)
101
139
17,676
18,323
3,445
1,377
652
144
77
3,300
86 382
$ 0
3,879
0
0
0
0
0
0
0
0
0
(3,300)
($ 579)
$ 46,027
0
101
139
17,676
18,323
3,445
1,377
652
144
77
0
$ 86,961
Salary
Fringe Benefits
Workers Comp,
Group Life
Retirement
Hospitalization
Social Security
Dental
Disability
Unernploy lnsur
Optical
Personal Mileage
FISCAL NOTE. (mISC #13238) September 19, 2013
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROSECUTING ATTORNEY - FISCAL YEAR 2014 VICTIM ADVOCACY PROGRAM - VICTIMS OF
CRIME ACT (VOCA) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
1z.; r••• ha;:, 7 7:1L
and finds: finds:
1. The Prosecuting Attorney has been awarded $78,750 for the Fiscal Year 2014 Victims of Crime Act
(VOCA) Grant.
2. The total Fiscal Year 2014 award is $4,960 less than the Fiscal Year 2013 award.
3. The State's contribution is $63,000 (80%) and the County's contribution is $15,750 (20%). The County
contribution is in the form of Prosecuting Attorney's Office Victim Advocate's fringe benefit cost.
4. The total program budget is $86,961 and is only partially funded leaving a shortfall of $23,961. The
Prosecuting Attorney has chosen to address this shortfall by a one-time reduction of General Fund
budgets for Personal Mileage Expense (Account #731346) in the amount of $10,000 and a reduction
to Printing Expense (Account #731388) in the amount of $13,961, these amounts will be transferred to
the grant fund budget (Fund #27325).
5. In addition to the match requirements, the County is expected to incur $6,529 in administrative and
support costs, which have been included in the Fiscal Year 2014 Budget. This grant does not allow for
recovery of those costs.
6. The grant continues to fund one (1) SR FTE position #4010101-135170-09647 Victim Advocate, and
recognizes Prosecuting Attorney Office Victim Advocate FICA and retirement fringe benefit cost to
meet the County Local Match requirement in the amount $15,750.
7. The FY 2014 General Fund (#10100) and Special Revenue Fund (#27325) Budgets are amended as
follows to recognize the grant award and transfer the grant match from the General Fund to the grant
fund:
FY 2014 FY 2014
Cnty Exec FY 2014 Amended
Rec Budget Amendment Budget GENERAL FUND #10100
Expenditures
4010201-135170-731346 Personal Mile, 31,796
4010101-135170-731388 Printing 54,562
4010101-135170-788001-27325 Trans Out 0
Total General Fund Expenditures $86,358
VOCA GRANT FUND #27325
Project #GR0000000283
4010201-135170-610313
4010201-135170-695500
Total Grant Revenues
Grants Federal $65,571
Transfers in 20,811
$ 86 382
$ (2,571)
3,150
($ 579)
$ 63,000
23,961
$ 86,961
Expenditures
4010201-135170-702010
4010201-135170-722740
4010201-135170-722750
4010201-135170-722760
4010201-135170-722770
4010201-135170-722780
4010201-135170-722790
4010201-135170-722800
4010201-135170-722810
4010201-135170-722820
4010201-135170-722850
4010201-135170-731346
Total Grant Expenditures
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long absent.
Resolution #13238 September 19, 2013
Moved by Crawford supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer,
Gershenson. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I 2
HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 19,
2013, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 19th day of September 2013.
isa Brown, Oakland County