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HomeMy WebLinkAboutResolutions - 2014.11.19 - 21605MISCELLANEOUS RESOLUTION #14269 November 19, 2014 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: PROSECUTING ATTORNEY FISCAL YEAR 2015 CRIME VICTIM RIGHTS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Office of the Prosecuting Attorney has been awarded Victim Rights grant funding in the amount of $218,900 from the State of Michigan, Department of Community Health for the period of October 1,2014 through September 30, 2015; and WHEREAS this is the twenty-third (23rd) year of grant acceptance for this program; and WHEREAS the Fiscal Year 2015 award represents a $30,000 increase over last year's award and there is no grant match required; and WHEREAS the purpose of this grant is to comply with the mandates set forth in the Michigan Constitution and the Crime Victim's Rights Act to provide victims of crime rights such as victim notification and personal advocacy; and WHEREAS this yearly grant, although increased, still represents only partial reimbursement of the Victim Services program; and WHEREAS the Prosecuting Attorney's Office is mandated by law to perform the Victim Rights function regardless of grant reimbursement; and WHEREAS this grant award includes reimbursement funding of salaries and partial fringe benefits for three (3) General Fund General Purpose (GF/GP) Full-time Eligible (FTE) Victim Advocate positions (#4010101-05783, 05785, and 07183); and one (1) GF/GP FTE Victim Rights Supervisor position (#4010101-05784); and WHEREAS previously this grant provided partial reimbursement for one (1) GF/GP FTE Office Assistant II position (#4010101-006739), which is now replaced by the Victim Rights Supervisor position (#410101- 05784); and WHEREAS this grant award has completed the Grant Review Process in accordance with 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 $218,900 for the period of October 1,2014 through September 30, 2015. BE IT FURTHER RESOLVED that salaries and partial fringe benefits for three (3) GF/GP FTE Victim Advocate positions (#4010101-05783, 05785 and 07183) and one (1) GF/GP FTE Victim Rights Supervisor position (#4010101-05784) will be reimbursed by the grant. BE IT FURTHER RESOLVED that one (1) GF/GP FTE Office Assistant II position (#4010101-06739) will no longer be reimbursed by the grant. 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, which are consistent with the original application as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with Bosnic absent. GRANT REVIEW SIGN OFF — Prosecuting Attorney GRANT NAME: FY 2015 Victim Rights FUNDING AGENCY: Michigan Department of Community Health DEPARTMENT CONTACT PERSON: Emily McIntyre 8-1034 STATUS: Grant Acceptance DATE: October 21, 2014 Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal giant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (10/14/2014) Department of Human Resources: FIR Approved (No Committee) — Lori Taylor (10/16/2014) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (10/15/2014) Corporation Counsel: Approved. — Bradley G. Berm (10/21/2014) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Michigan Crime Victim Rights Act (Act 87 of 1985) http://www.legistaturc.mi.gov0 ( owrcg3fz3 ealffri cichent4.5))/mileg.aspx?page=GetMCLDocument&obj ectname—mcl-Act- 87-of-I 985&version—txt Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and Budget Act - "P.A. 533 of 2004" http://www.legislature.mi.govAuq3 I xgeltmri5z55z2uhvv45)/mileg.aspx?page=getOhject&ohiectName -2003 -SB-0850 Federal Office of Management and Budget (OMB) Circular No. A -133. http://www.whitchouse.gov/ombkirculars/al 33/al 33.html Department of Health and Human Services Protection of Human Subjects (45 CFR Part 46) http://www.access.gpo.govinarakir/waisidx 00/45cfr46 00.html Lobbying Disclosure Act of 1995. (2 USC 1601) http://www. senate. govireference/resources/pdf/contacting10465.pdi Anti-Lobbying - Section 503 (Public Law 104-208) http://grants.nih.gov/grants/guide/notice-files/not97-032.htrol Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legis1ature.mi.gov/(uq3 I xgeltmrj5z55z2uiwv45)/mileg.aspx?pgige=gotobject&obiectname ,,mel-Act-453-of-1976&queryid=14718540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" http://www. I egi sl ature.m gov/(uq3lxgeltmrj5z55z2uiwv45 )/mil eg.aspx?page=getobj eet&objectname=mcl :Act-220-of-1976&oueryid=14718589 Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d) http://www.usdoj .gov/crt/cor/coord/titlevistat.htm The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) htto://www.usdoj .gov/crt/cor/coord/titleixstat.htm The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) http://www.dol.govioasam/regs/statutes/sec504.htm Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 http://www.dol.gov/oasam/regs/statutes/age act.htm Drug Abuse Office and Treatment Act of 1972 http://www.nida.nih.gov/aboutilegislation/Chronologv.html Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 h ttp://www.ni da.n ih .gov/about/legi slation/Chronol ogv.htm I Public Health Service Act of 1912 (U.S.C. Sections 290 dd-3, 290 ee-3) htto://ecfr.gRoaccess.gov/cgiNtext/text-idx?c=ecfr&rgn=div6&view=text&node=42:1.0.1.1.2.1&idno=42 Federal Office of Management and Budget (OMB) Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) (2 CFR, Part 180) http://www.access.goo.gov/naraJcfr/waisidx 08/2cfr 180 08.html Federal Environmental Tobacco Smoke "Pro-Children Act of 1994" http://www .cdc.gov/tobacco/research data/youth/464119.htm Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.9scaov/hatchact.htm Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728-4763) http://frwebgate.aceess.goo.gov/egi-bin/Retdoc.ezi?dbname=browse usc&docid=Cite:+42 U SC4728 http://frwelaate.access .gpo.goY/cgi-bin/getdoc.cgi ?dbname=browse usc&docid=Cite:+42USC4763 Federal Office of Management and Budget (01V1B) Circular No. A-102. hitt) :Pwww. whiteho use. g,ov/o mb/circul ars/a102/a 1 02.html Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) http://www.cms.hhs.gov/HIPAAGenInfo/Downioads/HIPAAlawdetail.pdf Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities (Act 317 of 1968) htto://www.legislature.mi.gov/(uq3 1 xgeltmri5z55z2uiwv45)/mil eg ,asox?page—gstobi ect&o bj ectname=mcl-Act-317-of- 1968 &queryid=14761946 Michigan — Standards of Conduct for Public Officers and Employees (Act 196 of 1973) httpl/www.1egislature.mi.gov/(S(30eoca2irf3u2z55n2kIztrns))/mileg.aspx?c age=getObi ect&ohj ectName—mc1-15-341 Pilot Program for Enhancement of Employee Whistleblower Protection (41 U.S.C. 4712) littp://www.gpo.gov/fdsys/pkg/USCODE-2012-title4 1 /pdf/US CODE-2012-title41-subtitlel-di vsnC-chap47- see4712.pdf From To; Cc: Subject: Date: VanPelt, Laurie "West, Catherine"; "Julie Secontine"; "Lod Taylor"; "Pat Davis" "McIntyre, Emily"; "Walton Paul"; "Malaria, Prentiss"; "Scalf, Bonnie" RE: GRANT REVIEW: Prosecuting Attorney - 2015 Victim Rights - Grant Acceptance Tuesday, October 14, 2014 3:25:05 PM Approved. From: West, Catherine [rnailto:westca©oakgovxorn] Sent: Tuesday, October 14, 2014 2:13 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: McIntyre, Emily; 'Walton, Paul'; Malone, Prentiss; Scarf, Bonnie Subject: GRANT REVIEW: Prosecuting Attorney - FY 2015 Victim Rights - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor—Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE Prosecuting Attorney FY 2015 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: October 21, 2014 GRANT INFORMATION Date: October 14, 2014 Operating Department: Prosecuting Attorney Department Contact: Emily McIntyre Contact Phone: 248-858-1034 Document Identification Number: 20150302-00 REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2014 through September 30, 2015 New Facility/Additional Office Space Needs: none IT Resources (New Computer Hardware / Software Needs or Purchases): None M/WBE Requirements: Yes, Compliance with OMB Circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: 218,900 Prior Year Total Funding: $188,900 From: To: Cc: Subject: Date: Taylor, Lod "Mason. Heather" "West, Catherine" RE: GRANT REVIEW: Prosecuting Attorney - FY 2015 Victim Rights - Grant Acceptance Thursday, October 16, 2014 4:11:50 PM HR Approved (No Committee) Lori Taylor Manager-Human Resources Recruitment & Workforce Planning Oakland County Michigan 2100 Pontiac Lake Road Waterford, MI 48328 taylorloPoakgov.com www,oakgov.com/jobs Phone: 248-858-0548 Fax: 248-858-8391 From: Mason, Heather imaiito:masonhgoakgov.coml Sent: Thursday, October 16, 2014 4:10 PM To: Lori Taylor Cc: West, Catherine Subject: FW: GRANT REVIEW: Prosecuting Attorney - FY 2015 Victim Rights - Grant Acceptance This grant acceptance continues funding of four (4) positions as identified in the 2014 Grant. Because there are no changes to these positions, and no new positions, this grant does not need to go to HR Committee for approval. Heather L. Mason Compensation & Classifications Supervisor Oakland County Human Resources 2100 Pontiac Lake Road, Waterford MI 48328 P: 248.858.2581 I P: 248,975.9742 I masonN@oakR.ov.r:orri t www,o2legov.romilobs From: West, Catherine [mailto:westcaaoakgov,com] Sent: Tuesday, October 14, 2014 2:13 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: McIntyre, Emily; 'Walton, Paul'; Malone, Prentiss; Scalf, Bonnie Subject: GRANT REVIEW: Prosecuting Attorney - FY 2015 Victim Rights - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE— Prosecuting Attorney From: To: Cc: Subject: Date: Erlenbeck, Robert "West, Catherine"; "Julie Secontine"; "Laurie VanPeit"; "Lori Taylor"; "Pat Davis" "McIntyre, Emily"; "Walton,_Paul"; "Malone, Prentiss"; "Scalf, Bonnie" RE: GRANT REVIEW: Prosecuting Attorney - FY 2015 Victim Rights - Grant Acceptance Wednesday, October 1.5, 2014 9:31:11 AM Approved by Risk Management. R.E. 10/15/14. Robert Erlenbeck, Risk Management Office: 248-858-1694 Cell: 248-421-9121 Office schedule: Monday through Thursday 7:00 to 5:30 From: Easterling, Tern rmailto:easterlingt@oakgov.com] Sent: Tuesday, October 14, 2014 2:36 PM To: 'West, Catherine'; 'Julie Secontinel; 'Laurie VanPeit'; 'Lori Taylor'; 'Pat Davis' Cc: 'McIntyre, Emily'; 'Walton, Paul'; 'Malone, Prentiss'; 'Saf i Bonnie' Subject: RE: GRANT REVIEW: Prosecuting Attorney - FY 2015 Victim Rights 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 all related information, documentation, and correspondence. Also, please include Risk Management's assignment number, RM14-0375, regarding this matter. Thank you. From: West, Catherine [rnailto:westcaeoakgov.corn] Sent: Tuesday, October 14, 2014 2:13 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: McIntyre, Emily; 'Walton, Paul'; Malone, Prentiss; Scalf, Bonnie Subject: GRANT REVIEW: Prosecuting Attorney - FY 2015 Victim Rights - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS Laurie Van Pelt Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Prosecuting Attorney FY 2015 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: October 21, 2014 From: Bern, Bradley To: "McIntyre, Emily"; "Katie West" Subject: #2014-0885-01 FY2015 Prosecutor"s Victim Rights - Grant Acceptance Date: Tuesday, October 21, 2014 7:06:05 AM Approved. Bradley G. Benn Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road Bldg 14 East Courthouse West Wing Extension, 3rd Floor Pontiac, MI 48341-0419 Phone: (248) 858-0558 Fax: (248) 858-1003 Email: beriplxftakgov.com PRIVILEGED AND CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney-client 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 any way. Individuals are fly [!11'1?:.!:1L'L!'1'1: 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 Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. Contract #: 20150302-00 Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and County of Oakland 1200 N. Telegraph Road Bldg. 34 East Pontiac MI 48341 1050 Federal I.D.#: 38-6004876, DUNS#: 136200362 hereinafter referred to as the "Grantee" for Victim Rights Prosecutor-2015 Part I 1. Period of Agreement: This agreement shall commence on October 1, 2014 and continue through September 30, 2015. This agreement is in full force and effect for the period specified. 2. Program Budget and Agreement Amount A. Agreement Amount The total amount of this agreement is $218,900.00, The Department under the terms of this agreement will provide funding not to exceed $218,900.00. The federal funding provided by the Department is $0.00 or approximately 0.00%, the Catalog of Federal Domestic Assistance (CFDA) number is _ and the CFDA Title is ; the federal agency name is / ; the federal grant award _ _ number is the award phase is , the federal award date is , and the Federal _ _ Award Identification Number (FAIN) is 2 The federal program title is ... The grant agreement is designated as a: X subrecipient relationship; or vendor relationship. The grant agreement is designated as: Research and development project; or X Not a research and development project. Contract # 20150302-00, County of Oakland, Victim Rights Prosecutor-2015, Date: 1011412014 Page: 'I of 27 B. Equipment Purchases and Title Any Grantee equipment purchases supported in whole or in part through this agreement must be listed in the supporting Equipment Inventory Schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with the Grantee upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of title. C. Deviation Allowance A deviation allowance modifying an established budget category by $10,000 or 15%, whichever is greater, is permissible without prior written approval of the Department. Any modification or deviations in excess of this provision, including any adjustment to the total amount of this agreement, must be made in writing and executed by all parties to this agreement before the modifications nn be impiemented. This deviation all0m7Ince, dnp,r, not ntIthor!7,7 now 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: establish procedures and develop budgetary criteria to implement the requirements of William Van Regenmorter Crime Victim Rights Act, P. A. 87 of 1985. 4. Statement of Work The Grantee 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 II of this agreement and Attachment B, which are part of this agreement through reference. 6. 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. Contract # 20150302-00, County of Oakland, Victim Rights Prosecutor-2015, Date: 10114/2014 Page: 2 of 27 7. General Provisions The Grantee agrees to comply with the General Provisions outlined in Part II and Attachment E, which are part of this agreement through reference, The Parties agree that the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 14115 AGREEMENT ADDENDUM A2 is incorporated and made part of this agreement. 8. Administration of the Agreement The person acting for the Department in administering this agreement (hereinafter referred to as the Contract Manager) is: Name: Beth Adcock Title: Analyst/Specialist Telephone No.: (517) 241 5275 Email Address: adcockb@michigan.gov 9. Grantee's Financial Contact for the Agreement The person acting for the Grantee on the financial reporting for this agreement is: Bonnie Scalf Accountant Name Title scalfb@oakgov,com (248) 858 0134 E-Mail Address Telephone No. 10. Special Conditions: A. This agreement is valid upon approval by the State Administrative Board as 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 Grantee prior to the signing of this agreement. D. The Grantee is required by PA 533 of 2004 to receive payments by electronic funds transfer. Contract if 20'150302-0C, County of Oakland, Victim RIghLs Prosecutor-2016, Date: 10114/2014 Page: 3 of 27 11. 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 Grantee. 12. Signature Section FOR the GRANTEE County of Oakland Michael Gingell Chairperson Name Title For the Michigan Department of Community Health Kim Stephen 10/14/2014 Kim Stephen, Director, Bureau of Budget and Purchasing Date Contract # 20150302-00, County of Oakland, Victim Rights Prosecutor-2015, Date: 10/1412014 Page: 4 of 27 Part il General Provisions I. Responsibilities - Grantee The Grantee in accordance with the general purposes and objectives of this agreement will: A. Publication Rights 1. Where the Grantee exclusively develops books, films, or other such copyrightable materials through activities supported by this agreement, the Grantee may copyright those materials. The materials that the Grantee copyrights cannot include service recipient information or personal identification data. Grantee grants the Department a royalty- free, non-exclusive and irrevocable license to reproduce, publish and use such materials and authorizes others to reproduce and use such materials. 2. Any materials copyrighted by the Grantee 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 Grantee and may combine it with other copyrightable intellectual property to form a derivative work. The State of Michigan will own and hold all copyright and other intellectual property rights in any such derivative work, excluding any rights or interest granted in this agreement to the Grantee. If the Grantee ceases to conduct business for any reason, or ceases to support the copyrightable materials developed under this agreement, the State of Michigan has the right to convert its licenses into transferable licenses to the extent consistent with any applicable obligations the Grantee has to the federal government. 3. The Grantee shall give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein; the Department will do likewise. 4. The Grantee must notify the Department's Grants and Purchasing Division 30 days before applying to register a copyright with the U.S. Copyright Office. The Grantee must submit an annual report for all copyrighted materials developed by the Grantee through activities supported by this agreement and must submit a final invention statement and certification within 90 days of the end of the agreement period. B. Fees Make reasonable efforts to collect 1st and 3rd party fees, where applicable, and report these as outlined by the Department's Financial Status Report Instructions. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. ConCact # 20150302-00, County of Oakland, Victim Rights; Prosecutor-2015, Date: 10114/2014 Page: 5 of 27 C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. O. 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 Maintenance/Retention Maintain adequate program and fiscal records and files, including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. Assure that all terms of the agreement will be appropriately adhered to and that records and detailed documentation 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 liticipflon ;Ind udlt ffncilnns 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 Grantees designated as subrecipients. Grantees designated as vendors are exempt from the provisions of this section, 1. Required Audit or Notification Letter Grantees must 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 Grantees that are designated as subrecipients. If submitting a Single Audit or Financial Statement Audit, Grantees must also submit a Corrective Action Plan for any audit findings that impact MDCH-funded programs, and management letter (if issued) with a response. Contract # 20150302-00, County of Oakland, Victim Rights Prost=tor-2015, Date; 10/14/2014 Page: 6 of 27 a. Single Audit Grantees that are a state, local government, or non-profit organization that expend $500,000 or more in federal awards during the Grantee's fiscal year must submit a Single Audit to the Department, regardless of the amount of funding received from the Department. The Single Audit must comply with the requirements of the Single Audit Act Amendments of 1996, and Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," as revised. Grantees that are a state, local government, or non-profit organization with fiscal years beginning on or after December 26, 2014, and that expend $750,000 or more in federal awards during the Grantee's fiscal year, must submit a Single Audit to the Department, regardless of the amount of funding received from the Department. The Single Audit must comply with the requirements of Title 2 Code of Federal Regulations, Subpart F. b. Financial Related Audit Grantees that are for-profit organizations that expend $500,000 or more in Federal awards during the Grantee'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. Grantees that are for-profit organizations with fiscal years beginning on or after December 26, 2014 and that expend $750,000 or more In federal awards during the Grantee's fiscal year must submit either a financial related audit prepared in accordance with Government Auditing Standards relating to all Federal Awards; or an audit that meets the requirements contained in Title 2 Code of Federal Regulations, Subpart F, if required by the Federal awarding agency. c. Financial Statement Audit Grantees 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). Grantees 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 Contract # 20150302-00, County of Oakland, Victim MOW ProseaUtar-2015, Date: 10/14/2014 Pap: 1 of 27 accordance with GAAS if the audit includes disclosures that may negatively impact MDCH-funded programs including, but not limited to fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. Grantees exempt from the Single Audit and Financial Related Audit requirements organization with fiscal years beginning on or after December 26, 2014 that receive $750,000 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). Grantees exempt from the Single Audit and Financial Related Audit requirements that receive less than $750,000 of total Department grant funding must submit to the Department a Financial statement Audit prepared in accordance with GASS if the audit includes disclosures that may negatively impact MDCI-1•funding programs including, Lut not liiiiiad to fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. d. Audit Status Notification Letter Grantees 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 http://www.michigan.gov/mdch by selecting Inside Community Health — MDCH Audit. Contract # 20150302-DO, County of Oakland, Victim Rights Prosecutor-2015, Date: 1011412014 Page: 8 of 27 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 Grantee's fiscal year by e-mail to the Department at MDCH-AuditReports@michigan.gov . The required materials must be assembled in a PDF file compatible with Adobe Acrobat (read only). The subject line must state the agency name and fiscal year end. The Department reserves the right to request a hard copy of the audit materials if for any reason the electronic submission process is not successful. 3. Penalty a. Delinquent Single Audit, Financial Related or Financial Statement Audit If the Grantee 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 Grantee's fiscal year and an extension has not been approved by the cognizant or oversight agency for audit, the Department may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $200,000) until the required filing is received by the Department. The Department may retain the amount withheld if the Grantee is more than 120 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. The Department may terminate the current grant if the Grantee is more than 180 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. b. 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. Contract # 20150202-0D, County of Oakland, Victim Rights Prosecutor.2016, Data; 10/1412014 Page: 0 of 27 H. S ubrecipient/Contractor Monitoring The Grantee must ensure that each of its subrecipients comply with the Single Audit Act requirements. The Grantee must issue management decisions on audit findings of their subrecipients as required by OMB Circular A-133 and Title 2 Code of Federal Regulations (CFR), Section 200.521, as applicable. The Grantee must also develop a subrecipient monitoring plan that addresses "during the award monitoring" of subreciplents to provide reasonable assurance that the subreciplent 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 level of oversight, and monitoring activities such as reviewing financial and performance reports, performing site visits, and maintaining regular contact with subrecipients. The Grantee must establish requirements to ensure compliance for for—profit subrecipients as required by OM R Cirou!er A-133, Section 210(o) 7:711 l'it!p 7. UFR, Section 200.501(h), as applicable. The Grantee must ensure that transactions with vendors comply with laws, regulations, and provisions of contracts or grant agreements in compliance with OMB Circular A-133, Section 210(f) and Title 2 CFR, Section 200.501(h), as applicable. Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source that would require or result in significant modification in the provision of services, funding or compliance with operational procedures. J. Software Compliance The Grantee must ensure software compliance and compatibility with the Department'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. All required data under this agreement shall be provided in an accurate and timely manner without interruption, failure or errors due to the inaccuracy of the Grantee's business operations for processing date/time data. Contract # 2o15oao2-00, county of Oakland, Victim Rights Prosecutor-2015, Data: 10/1412014 PaGe: 10 of 27 K. Human Subjects The Grantee will comply with Protection of Human Subjects Act, 45 CFR, Part 46, The Grantee agrees that prior to the initiation of the research, the Grantee will submit institutional Review Board (IRB) application material for all research involving human subjects, which is conducted in programs sponsored by the Department or in programs which receive funding from or through the State of Michigan, to the Department's IRS for review and approval, or the 1RB application and approval materials for acceptance of the review of another IRB. All such research must be approved by a federally assured IRB, but the Department's 1RB can only accept the review and approval of another institution's IRB under a formally-approved interdepartmental agreement. The manner of the review will be agreed upon between the Department's IRB Chairperson and the Grantee's IRB 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 terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Grantee. B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and provide to the Grantee 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 Grantee an opportunity to review and offer comment. Ill. Assurances The following assurances are hereby given to the Department: A. Compliance with Applicable Laws The Grantee will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this agreement. The Grantee will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. Contract Of 20150302-00, County of Oa%Land, Vionm Rights Prosecutor-2015, Date: 1011412014 Page; 11 of 27 B. Anti-Lobbying Act The Grantee 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 Grantee shall require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Grantee 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 oriain, 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 Grantee 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 37.2201 et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 at seq., and any breach thereof may be regarded as a material breach of the contract or purchase order. 2. The Grantee 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 1685-1686), 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 disabilities; d. the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; Contract #2O150000, County at Oakland, Victim Rights Prosecutor-2015, Date: 10/1412014 Page: 12 of 27 e. the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f. the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pl. 91-616) 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 h. any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, the requirements of any other nondiscrimination statute(s) which may apply to the application. 3. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned and women owned businesses, and businesses owned by persons with disabilities in contract solicitations. The Grantee shall 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. 13. Debarment and Suspension Assurance is hereby given to the Department that the Grantee will comply with Federai 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, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not 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 under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and; 4. Have not within a three-year period preceding this agreement had one or Contract #20150302-00, County of Oakland, Victim Rights Pro3e0utor-2015, Date: 10/14/2014 Page: 13 of 27 more public transactions (federal, state or local) terminated for cause or default. E. Federal Requirement: Pro-Children Act 1. Assurance is hereby given to the Department that the Grantee will comply with Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 6091 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 law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of s ionfleebie federni funds is Medicere or iVeni!enini; or fecilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The Grantee also assures that this language will be included in any subawards which contain provisions for children's services. 2. The Grantee 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-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Grantee. If activities or services are delivered In facilities or areas that are not under the control of the Grantee (e.g., a mall, restaurant or private work site), the activities or services shall be smoke-free. F. Hatch Political Activity Act and Intergovernmental Personnel Act The Grantee will comply with the Hatch Political Activity Act, 5 USC 1501-1509 and 7324-7328, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act, Public 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. Contract ft 20150302-00, County of Oakland, Victim Rights Prosecutor-XIS, Cate; 10/1412014 Page: 14 of 27 G. National Defense Authorization Act Employee Whistieblower Protections The Grantee will comply with the National Defense Authorization Act "Pilot Program for Enhancement of Grantee Employee Whistleblower Protections". 1. This agreement and employees working on this agreement will be subject to the whistleblower rights and remedies in the pilot program on Grantee employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2012 and FAR 3.908. 2. The Grantee shall inform its employees in writing, in the predominant language of the workforce, of employee whistieblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. 1 The Grantee shall insert the substance of this clause, including this paragraph (3), in all subcontracts over the simplified acquisition threshold, H. Subcontracts Assure for any subcontracted service, activity or product: 1. That a written subcontract is executed by all 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 provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non-conflicting provisions not set forth in this agreement; b. Restates provisions of this agreement to afford the Grantee the same or substantially the same rights and privileges as the Department; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Grantee in this agreement. 3. That the subcontract does not affect the Grantee's accountability to the Department for the subcontracted activity. 4. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. Contract # 201N302-00, County of Oakiana, Victim Rights Prosecutor-2015, 'Data: 10114/2014 Page: 10 of 27 5. That the Grantee will submit a copy of the executed subcontract if requested by the Department. Procurement Assure that all purchase transactions, whether 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 2 (OMB 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. J. Health Insurance Portability and Accountability Act To the extent that this act is pertinent to the services that the Grantee provides to the Department under this agreement, the Grantee assures that it is in compliance with the Health Insurance Portability and Accountability Act (H1PAA) requirements including the following: 1. The Grantee must not share any protected health data and information provided by the Department that falls within HIPAA requirements except as permitted or required by applicable law; or to a subcontractor as appropriate under this agreement. 2, The Grantee will ensure that any subcontractor will have the same obligations as the Grantee not to share any protected health data and information from the Department that falls under HIPAA requirements in the terms and conditions of the subcontract. 3. The Grantee must only use the protected health data and information for the purposes of this agreement. 4. The Grantee must have written policies and procedures addressing the use of protected health data and information that falls under the H1PAA requirements. The policies and procedures must meet all applicable federal and state requirements including the H1PAA regulations. These policies and procedures must include restricting access to the protected health data and information by the Grantee's employees. 5. The Grantee must have a policy and procedure to immediately report to the Department any suspected or confirmed unauthorized use or disclosure of protected health data and information that falls under the HIPAA requirements of which the Grantee becomes aware. The Grantee will work with the Department to mitigate the breach, and will provide assurances to the Department of corrective actions to prevent further unauthorized uses or disclosures. 6. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Part II, Section V. Agreement Termination. Contract If 20150302-00, County of Da$Cend, Victim Rights Prosecutor-2015, Date: 1011412014 Page: 16 of 27 7. In accordance with HIPAA requirements, the Grantee is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information by the Grantee received from the Department or any other source. 8, The Grantee will enter into a business associate agreement should the Department determine such an agreement is required under H1PAA. IV. Financial Requirements A. Operating Advance An operating advance may be requested by the Grantee to assist with program operations. The request should be addressed to the Contract Manager identified in Part I, Item 8. The operating advance will be administered as follows: 1. The advance amount requested must be reasonable in relationship to the program's requirements, billing cycle, 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 Department in the Grantee's financial records. The operating advance payable must remain in the Grantee'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 Grantee 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 Grantee has a recurring agreement with the Department, and may not be held pending agreement audit. Subsequent Department agreements may be withheld pending recovery of the outstanding advance from a prior agreement. if the Grantee has a recurring agreement with the Department, the Department requires an annual confirmation of the outstanding operating advance. The Department may obtain the Michigan Department of Treasury's assistance in collecting outstanding operating advances. The Department will comply with the Michigan Department of Treasury's Due Process procedures prior to forwarding claims to Treasury. Specific Due Process procedures include the following: a. Department offer of a hearing to dispute the debt, identifying the time, place and date of such hearing. b. A hearing by an impartial official. c. An opportunity for the Grantee to examine department's Contract # 201-60$02-00, County of OakTend, Vic Rights Proseoutor-2015, Date: 10/14/2014 Page: 17 of 27 associated records. d. An opportunity for the Grantee to present evidence in person or in writing. e. A hearing official with full authority to correct errors and make a decision not to forward debt to Treasury. f. Grantee 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 Grantee must respond to the Department's request for confirmation of the operating advance. Failure to respond to the confirmation request may result in the Department recovering all or part nf an outstanding operating odvonce, B. Reimbursement Method The Grantee will be reimbursed in accordance with the staffing grant reimbursement method as follows: Reimbursement from the Department is based on the understanding that Depaitnient funds will bc.)pnd up to thd total UpiimeuL aliucLioii s ag IQ CU 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 electronically through Ml E-Grants. 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. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. The instructions for completing the FSR form are available in the MI E-Grants system at http://egrams-mi.com/dch. D. Reimbursement Mechanism All Grantees must sign up through the on-line vendor registration process to receive all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits, as mandated by MCL 18.1283a. Vendor registration information is available through the Department of Management and Budget's web site: • http://michigan ,gov/cpexpress Contract # 20150302-00, County at-Oakland, Victim Rights Prosecutor-2015, Date: 10/14/2014 Page: 18 of 27 E. Final Obligations and Financial Status Reporting Requirements 1, Obligation Report An Obligation Report, based on annual guidelines, must be submitted by the due date using the format provided by the Department's Accounting Division. The Grantee 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 20th until mid-November. FSRs through the August period should be submitted by September 13th 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 FSRs 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 year's agreement amount. F. Unobligated Funds Any unobligated balance of funds held by the Grantee at the end of the agreement period will be returned to the Department 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 any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the 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. C. This agreement may be terminated immediately if the Grantee or an official of the Grantee or an owner is convicted of any activity referenced in Section 111.D. of this agreement during the term of this agreement or any extension thereof. Contract 020154202-00, County of Oakland, Victim Rfghts Prosecutor-2015, Date: 10/14)2014 Page; 19 of 27 VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Grantee shall provide the Department with all financial, performance and other reports required as a condition of this agreement. The Department will make payments to the Grantee for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Grantee shall immediately refund to the Department any funds not authorized for use and any payments är funds advanced to the Grantee in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII. Severability 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 Grantee which would affect the neprtrnent funriinq of any nroiect, \ivhoie or in owl in Part !, Section 2,C, of the agreement, must be submitted in writing to the Department for approval immediately upon determining the need for such change. Contract # 20150302-00, County of Oakland, Victim Rights Prosecutar•2015, Date: 10/14/2014 Page: 20 of 27 IX. Liability A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Grantee in the performance of this agreement shall be the responsibility of the Grantee, and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Grantee, any subcontractor, anyone directly or indirectly employed by the Grantee, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Grantee or its employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the responsibility of the Grantee, if the liability, loss, or damage is caused by, 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 conducted jointly by the Grantee and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Grantee and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Grantee, the State, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. X. Conflict of Interest The Grantee and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 at seq, and 1973 PA 196, as amended, MCL 15.341 et seq. XI. 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. Contract # 20150302.00, County of Oakland, Vlctim Rights Prosecutor-2015, Dale: 10114/2014 Page: 21 of 27 XII. Confidentiality Both the Department and the Grantee 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 patient or a person responsible for the patient, except as may be otherwise permitted or required by applicable state or federal law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals. Contract # 20150302-00, County of Oakland, VIctim Mahts Prosecutor-2015, Cate: 10/1412014 Page: 22 of 27 2 Attachment A2 - Oakland County Addendum Attachment 2 - Oakland County Addendum Contract # 20160302-00, County of °Wand, Victim Rights Prolocutor-2015, Date: 10114/2014 Page: 23 of 27 Version; All Other Programs MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 14115 AGREEMENT ADDENDUM A 1. This addendum modifies the following sections of Part 11, General Provisions; Part II I. Responsibilities- Grantee J. Software Compliance. This section will be deleted in its entirety and replaced with 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 replaced with the following language: The Grantee will comply with applicable Federal and State laws, and lawfully enacted administrative rules or regulations, in carrying out the terms of this agreement. 1 Health Insurance Portability and Accountability Act. The provisions in this section shall be deleted in their entirety and replaced with the following language: Grantee agrees that it will comply with the Health Insurance Portability and Accountability Act of 1996, and the lawfully enacted and applicable Regulations promulgated there under. IX. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language; A. Except as otherwise provided by law neither Party shall be obligated to the other, or indemnify the other for any third party claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of either party under this Contract, nothing herein shall be construed as a waiver of any governmental immunity for either party or its agencies, or officers and employees as provided by statute or modified by court decisions. Version: AO Other Programs 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 Grantee. 3. Signature Section: For the COUNTY OF OAKLAND Name and Title Date Signature Date For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Kim Stephen, Director Bureau of Budget and Purchasing Date A Attachment A - Statement of Work Objective : Activity : Responsible Staff : Date Range : Expected Outcome : Measurement : Objective : Activity : Responsible Staff : Date Range : Expected Outcome : Measurement : Objective : Activity : Responsible Staff : Date Range: Expected OdWoi-ile Measurement : Objective : Activity ; Responsible Staff : Date Range : Expected Outcome : Measurement : Objective : Activity : Responsible Staff : Date Range : Expected Outcome Measurement : Implement the requirements of the William Van Regenmarter Crime Victim's Rights Act, PA. 87 Of 1986 Provide victims with information regarding their rights and the opportunity to participate in the criminal justice process in their case. Victim Advocate 10/01/2014 - 09/30/2015 Victims will be notified of their rights. Oakland County Prosecutor's Office Victim Assistance case tracking system, Implement the requirements of the William Van Regenmorter Crime Victim's Rights Act, P.A. 87 of 1985. Provide victims with Information about making a Victim Impact Statement. Victim Advocate 10/01/2014 - 09/3012015 Victims given opportunity to present a Victim Impact Statement, Oakland County Prosecutor's Office Victim Assistance case tracking sytem. Implement the requirements of the William Van Regenmorter Crime Victim's Rights Act, P.A. 87 of 1985. Provide victims with compensation information. Victim Advocate 10/01/2014 - 09/90/2015 injured crime victims can apply for compensation for out-of-pocket costs. Oakland County Prosecutor's Office Victim Assistance case tracking system. Implementation of the William Van Regenmcrter Crime Victim's Rights Act, P.A. 87 of 1986. Attendance at a PAAM training. Victim Advocate 10/0112014 - 09/30/2015 Staff development, increased awareness, empathy and self-care. Evaluation for increased retention, higher morale and increased satisfaction. Implementation of the VVililam Van Regenmorter Crime Victim's Rights Act, P.A. 87 of 1985. Grantee will fulfill reporting requirements of the Victim Rights contract. Program Director, Financial Officer 10/01/2014 - 09/30/2015 All reports are entered correctly and on a timely basis. On-line grant system. Contract S 20150302-00, County of Oakland, Vatic"' Rights Prosecutor-201S, Date: 10114/2014 Page; 24 of 27 B1 Attachment B1 - Program Budget Summary PROGRAM Victim Rights Prosecutor-2015 DATE PREPARED 10114/2014 CONTRACTOR NAME County of Oakland BUDGET PERIOD From: 10/1/2014 To: 9/30/2015 MAILING ADDRESS (Number and Street) 1200 N. Telegraph Road Bldg. 34 East BUDGET AGREEMENT pi Original r Amendment AMENDMENT # 0 CITY Pontiac STATE Ml ZIP CODE , 48341-1050 FEDERAL ID NUMBER 38-6004876 1 Category r Amount 1 Cash Inkind Total DIRECT EXPENSES Program Expenses 1 Salary & Wages 185,478.00 0.00 0.00 185,476.00 2 Fringe Beneflts 33,424.00 0.00 0,00 , 33,424.00 Travel 0.00 0.00 0.00 0.00 4 Supplies & Materials 0.00 0.00 0.00 0.00 Contractual 0.00 0.00 0.00 0.00 6 Equipment 0.00 0.00 0.00 0.00 7 Other Expense 0.00 0.00 0.00 0.00 Total Program Expenses 218,900.00 0.00 0.00 218,900.00 TOTAL DIRECT EXPENSES 218,900.00 0.00 0.00 218,900.00 INDIRECT EXPENSES Indirect Costs 1 Indirect Costs 0.00 0.00 -, 0.00 0.00 Total Indirect Costs 0.00 0.00 0.00 0.00 TOTAL INDIRECT EXPENSES 0,00 0.00 0.00 0,00 TOTAL EXPENDITURES 218,900.00 0.00 0,00 218,900,00 SOURCE OF FUNDS Category Amount Cash Inkind Total 1 Source of Funds Fees and CoPectIons 0.00 0.00 0.00 0.00 State Agreement 218,900.00 0.00 0.00 218,900.00 Local 0.00 0.00 0.00 0.00 Federal 0.00 0.00 0.00 0.00 Other 0.00 0.00 0.00 0.00 Total Source of Funds 218,900.00 0.00 0.00 218,900.00 Totals 218,900.00 0.00 0.00 218,900.00 Contract # 20150302-00, County of Oakland, Victim Right Prosecutor-2015, Data: 10/14/2014 Page: 25 of 27 82 Attachment 82 - Program Budget. Cost Detail Schedule r Line Item CIty RatelUOM Amount Cashi lnkind Total DIRECT EXPENSES Program Expenses 1 Salary & Wages Victim Advocate Diane Stellini 2040.00 00 22.730 FTE 46,369.00 0.00 0.00 46,369,00 Victim Advocate Nicole Kennedy 2040.00 00 22,730 FTE 46,369.00 0.00 0.00 46,369.00 Victim Advocate Cynthia Stanton 2040.00 00 22.730 FTE 46,369.00 0.00 0.00 46,369.00 Victim Advocate Jennifer DeMeritt 2040.00 00 22.730 FM 46,369.00 0.00 0.00 46.369.00 Total for Salary & Wages _ 185,476.00 0.00 0.00 185,476.00 2 Fringe Benefits Hospitalization 0.0000 18.021 8,356.00 8,356.90 0.00 0.001 0,00 8,356.00 _ 8,356.00 Hospitalization 0.0000 r 18.021 0.00 Hospitalization 0.0000 18.021 8,356.00 0.00 0.00 8,356.00 Hospitalization 0.0000 18.021 8,356.00 0.00 0,00 8,356.00 Total for Fringe Benefits 33,424.00 0.00 0.00 33,424.00 3 Travel 4 Supplies & Materials 5 Contractual Equipment 7 Other Expense Total Program Expenses 218,900.00 0.00 0.90 218,900.00 TOTAL DIRECT EXPENSES 218,900.00 0.00 0.00 218,900.00 INDIRECT EXPENSES Indirect Costs 1 Indirect Costs Total Indirect Costs 0.00 0.00 0.00 0.00 TOTAL INDIRECT EXPENSES 0.00 0.00 0.00 0.00 TOTAL EXPENDITURES 218,900.00 0.00 0.00 218,900.00 Contract #20150302-00, County of Oakland, Viotrn Rights Prosecutor -2015, Cato; 10114/2014 Page: 26 of 27 B3 Attachment 133 - Equipment Inventory Schedule Attachment B3 - Equipment Inventory Schedule C Attachment C - Performance Report Requirements Attachment C - Performance/Progress Report Requirements E Attachment E - Program Requirements Attachment E - Program Specific Requirements Contract #20150302-00 County of Oakland, Victim ghis Prosecutor-2015, Date: 10/14/2014 Pager 27 of 27 FY 2015 ATTACHMENT B.3 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH GRANTS AND PURCHASING DIVISION EQUIPMENT INVENTORY SCHEDULE Please list equipment items that were purchased during the grant agreement period as specified in the grant agreement budget's cost detail schedule - Attachment B.2. Provide as much information about each piece as possible, including quantity, item name, item specifications: make, model, etc. Equipment is defined to be an article of non-expendable tangible personal p roperty having a useful fife of more than one (1) year and an acquisition cost of $5,000 or more per unit. Please complete and forward this form to the MDCH contract manager with the final progress report. Grantee Name: Contract #: Quantity Item Name Item Specification Tag —Artimber purchased Amount $ $ $ $ $ $ $ $ $ $ Total $ Grantee's Signature: Date: Date: DCH-0655 FY2015 5/14(w) ATTACHMENT C PERFORMANCE/PROGRESS REPORT REQUIREMENTS Prosecutor — Victim Rights Programs A. The Grantee shall submit the following reports on the following dates: Quarterly Financial & Program Reports should be submitted by the Grantee on the 30th day following the end of the quarter. Reports are available on the internet at http://egrams-mi.com/dch/User/home.aspx Reports should be completed and submitted to the CVSC via the Internet. Due dates for submission of Quarterly Financial & Program Report are as follows: January 30, 2015 April 30, 2015 July 30, 2015 October 30, 2015 Program Report/Case Synopsis is to be submitted annually with the April June quarter on the form provided via http://egrams-rni.com/dch/User/horne.aspx. B. Any such other information as specified in Attachment A shall be developed and submitted by the Grantee 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, http://edrams-mi.com/dchNser/home.aspx. *These instructions, supercecle directions in the General Provisions, Section IV, C., entitled Financial Status Report Submission. D. The Contract Manager shall evaluate the reports submitted as described in A. and B. above for their completeness and accuracy. E. The Grantee shelf permit the Department or its designee to visit and to make an evaluation of the project as determined by the Contract Manager. ATTACHMENT E OTHER PROGRAM SPECIFIC REQUIREMENTS Prosecutor — Victim Rights Programs Description of Other Program Specific Requirements. A. Overtime costs are not permitted for employees funded by this agreement. B. Travel funding is provided exclusively for authorized PACC/PAAM trainings and conferences sponsored by the Department. C. The Grantee 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 tminirr nprortunity5-Jipported by the Department E. The Grantee shall provide the Department with a position description of the personnel funded under this agreement. F. Personnel supported under this agreement or performing work under this agreement shall maintain a funding distribution timesheet as required in the CVSC, January 2003, Program Instruction regarding timesheets. G. Internal controls should be established to assure that positions funded through the Crime Victim Rights grant dedicate the designated percentage 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 Regenmorter, Crime Victim Rights Act, P.A. 87 of 1985 and Article 1, Section 24 of the Michigan Constitution. Crime Victim Rights Funding is not to be used to support routine Prosecutor responsibilities that existed prior to the enactment of the William Van Regenmorter, Crime Victim Rights Act and Article 1, section 24, of the Michigan Constitution. Some examples of nonreimbursable routine Prosecutor Office activities are, witness management, subpoenas, dockets, pleadings, warrants, restitution collection & management, closing cases and police reports. H. Crime Victim Rights Week Funding, as distributed by the Prosecuting Attorney's Association of Michigan, is to be used to promote public awareness and educational opportunities concerning Victim Rights within the communities that we serve, key audience being, members of the community at large, schools and community groups. Keepsakes, souvenirs or gifts 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. FISCAL NOTE {(MISC . #14269) November 19, 2014 BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2015 CRIME VICTIMS RIGHTS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above named Miscellaneous Resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the Fiscal Year 2015 Crime Victim Rights Grant. 2. The grant award of $218,900 for the period of October 1, 2014 through September 30, 2015 and represents a $30,000 increase over the Fiscal Year 2014 award. There is no County match required. 3. This grant award reimburses the costs of salaries and partial fringe benefits for three (3) GF/GP Victim Advocate positions, and one (1) GF/GP Victim Rights Supervisor position; all designated positions are included in the FY 2015 — 2017 Adopted Budget. 4. Fiscal Year 2015 budget is amended as follows: GENERAL FUND #10100 Project #100000002081 PCBU Grant Activity GLB Analysis GLB Bud. Ref. 2015 FY 2016 Revenues 4010101-122050-632163 State Approp Victim Witness 9010101-196030-665882 Planned Use of Balance Total Grant Revenues $30,000 ($30,000) $ 0 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward, Scott and Crawford absent. Resolution *14269 November 19, 2014 Moved by Spisz supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Dwyer. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). (") ///2-1 HEREBY APPROVE MS RESOLUTION CHIEF OEPUTY 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 November 19th, 2014, 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 191h day of November 2014. Lisa Brown, Oakland County