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HomeMy WebLinkAboutResolutions - 2001.10.11 - 26596MISCELLANEOUS RESOLUTION #01258 October 11, 2001 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2002 VICTIM RIGHTS FUNDING FOR VICTIM SERVICES ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded the Oakland County Office of the Prosecuting Attorney Victims Services grant funding in the amount of $180,100 for the period of October 1, 2001 through September 30, 2002; and WHEREAS this is the tenth (10) year of grant acceptance for this program; and WHEREAS the FY 2002 award of $180,100 the same amount as the FY 2001 award of $180,100. No grant match is required; and WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, and healthy recovery; and WHEREAS this grant includes continued funding of salaries and fringe benefits for two (2) Victim Advocate positions, one (1) Victim Services Director position, one (1) Victim Rights Leader position, and one (1) Typist position; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Application 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 $180,100 for the period of October 1, 2001 through September 30, 2002. 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 agreement as approved. BE IT FURTHER RESOLVED continuation of this program, including the positions, is contingent upon continued grant funding. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Douglas absent. STATUS: (Check appropriate box) e' Initial fl Revision # Extension I I Final Other • No Date: Is Board Resolution required? Yes - Resolution # PERSONNEL DEPT: , Approved Disapproved * Modify * Date: Signature: L_J Modify Modify * Modify * LL Approved , II 3 Date: f CONTRACT/PROGRAIVI REVIEW 'RiO.LIEST Date: To: From: Title/Subject: File # Contact Person: 4T1r,FICT 21 , 2001 c ,r7,?1-7.4NT A cn,LANTT DISTRICT COURLT_' ADVOCACY PROGRAM Cc I" l *-L-te_.... V .C...1- .t-r-r, (cir\ \-4n10-7-5 c-L.Arrlo I'. _i__:. 1 ) , y --- 1 17 C -- Department: • PROSFCTITTN(; Arr_oRNFY Telephone #: 491.,R) g 7.:, _a 731 1)4:ii\TTFT, Crl j41v-TT * If "other" is checked, please explain: RISK MANAGEMENT AND SAFETY: Disapproved * MANAGEMENT AND BUDGET: 1 /2 Disapproved * CORPORATION COUNSEL: Approved Disapproved * • --- Signatupip Date: ert:///25/ r• Signature: Approved Date: r CONTRACT/PROGRAM SYNOPSIS: )'/ //17S /"A 7,/i/ /:/1/21-,k-7& 7i2/t/D/ 74-cr 4K(* S 9774'c:6-- et-re_in7,-11 /YE- C tr-S 1t.• 77% 5 7 - Oe &,‘4 //zi 7-1 :1/6 * When "Disapproved" is noted or "Modify" is requested, attach explanation. • sk Management & Safety - Revised 2.198 :1Terry's Files',Word '97 \Sanzica\Watcrshed \CONTRACT-PROGRAM REVIEW REQUEST.cloc STATE OF MICHIGAN 4:5=zt> *FAO JOHN ENGLER, Governor DEPARTMENT OF COMMUNITY HEALTH JAMES K. HAVEN/IAN, JR., Director CRIME VICTIM SERVICES COMMISSION LEWIS CASS BUILDING 320 SOUTH WALNUT Hit= LANSING, MI 48913 August 6, 2001 David G. Gorcyca Oakland County Prosecuting Attorney 1200 North Telegraph Road Pontiac, MI 48341 Dear Mr. Gorcyca The Crime Victim Services Commission is pleased to forward the Victim Rights Funding Agreement for fiscal year 2002. Enclosed are two original copies of the agreement. Included with the agreement are the Standard Agreement, General Provisions, Attachment A (Work Statement), Attachment B (Budget), Attachment C (Reporting Requirements) and Attachment D (Final Financial Status Report). Both copies must be signed by an authorized official and returned to the Crime Victim Services Commission — Victim Rights Grants, Lewis Cass Building, 320 South Walnut St., Lansing, Michigan 48913. Please obtain the. required signatures and return both documents to this office by September 1, 2001. Your agency may not charge expenditures to this agreement until both signed copies are returned to us and signed by the Chief Operating Officer of the Department of Community Health. Upon execution of the authorized signature for the Department, an original copy will be promptly returned to you along with other standard project documentation. You are encouraged to maintain a copy of the contract for your records until your original copy is returned. We look forward to another year of working with you and your staff to improve the rights and services available for victims in Michigan. If you have any questions, please contact Beth Adcock, Program Specialist at (517) 334-9943 or via the Internet, adcockb@state.mi.us . Sincerely, / z /7 Michael J. Fullwood Director Enc. CC/Daniel Cojanu nr,H-n17-, Contract # P.O. t.r` Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and Oakland County Prosecutor's Office 1200 North Telegraph Road Pontiac, MI 48341 Federal I.D.# 2386004876 hereinafter referred to as the "Contractor" for Crime Victim Services Part I 1. Period of Agreement: This agreement shall commence on October 1, 2001, and continue through September 30, 2002. 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 $180,100.00. The Department under the terms of this agreement will provide funding not to exceed $180,100.00. The federal funding provided by the Department zero. B. Equipment Purchases and Title Any contractor equipment purchases supported in whole or in part through this agreement must be detailed in the supporting detail 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 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 $5,000 or 15%, whichever is greater. is permissible without prior written approval of the Department. Any modification or deviations in excess of this nrr.w.F nr ncudino an'. adiuo sr '4 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 requirement of the Victims Rights Act. 4. Statement of Work : The Contractor agrees to undertake, perform and complete the services described in Attachment A which is attached and hereby made a part of this agreement through reference. 5. Financial Requirements : The reimbursement process shall be followed as described in Part II of this agreement and Attachments B and D, which are hereby made a 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, hereby made a part of this agreement through reference. 7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in Part II, hereby made part of this agreement through reference. 8. Addendum A: The contractor agrees to comply with the modifications outlined in Addendum A, hereby-made part of this agreement through reference. 9. Administration of the Agreement: The person acting for the Department in administerinc this agreement (hereinafter referred to as the Contract Manager and Location/Building) will M. Elizabeth Adcock. Program Specialist - (517) 334-9943 10. Contractor's Financial Contact for the Agreement: The person acting for the Contractor on the financial reporting for this agreement will be: David G. Gorcyca. Prosecuting Attorney - 248/858-0707 11. 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. D. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. 12. Soecial 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. 13. Signature Section: For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Peter L. Trezise, Chief Operating Officer Date For the CONTRACTOR Name and Title Signature Date MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 01/02 AGREEMENT ADDENDUM A 1. This addendum modifies the following sections of Part II, General Provisions: Part II Responsibilities-Contractor Year 2000 Compatibility. 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 determine and avoid potential Year 2000 computer systems problems. II!. 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. VIII. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language. A. Except as otherwise provided for in this Contract, all liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the Contractor under this Contract shall be the responsibility of the Contractor and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out to the actions or failure to act on the part of the Contractor, its employees, officers or agents. Nothing therein shall be construed as a waiver of any governmental immunity for the Contractor, its aaencies, employees, or Oakland County, as provided by statute or modified by court decisions Name and Title SiOafure 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 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Peter L. Trezise, Chief Operating Officer Date For the CONTRACTOR FRANK MILLARD, CHAIRMAN-OAKLAND COUNTY BOARD OF COMMISSIONERS 'Date Part 11 General Provisions I. Responsibilities - Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Rights 1. Where activities supported by this agreement produce books, films, or other such copyrightable materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the Department reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or modifications bearing acknowledgment or the Department's name must be approved by the Department prior to reproduction and use of such materials. 3. The Contractor 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. 6. Fees Make reasonable efforts to collect ls t and 3ra 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. C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the 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 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 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 the extent authorized by applicable state or federal law, rule or regulation, to records, files, and documentation related to this agreement. G. Single Audit Provide, consistent with regulations set forth in the Single Audit Act Amendments of 1996, 31 USC 7501 et seq, and Office of Management and Budget Circular (OMB) A-133, "Audits of States, Local Governments, and Non-Profit Organizations", a copy of the annual audit reporting package of the Contractor to the Department. The audit reporting package and management letter are due within nine months after the end of the Contractor's fiscal year. The audit reporting package and management letter are required to be filed with the Department even if there are no findings reported in the audit pertaining to Department programs. The federal OMB Circular A-133 requires either a single audit or program- specific audit (when administering one federal program) of agencies that expend $300,000 or more of federal grant funding during the Contractor's fiscal year. Contractors that fall below the single audit threshold, are exempt from the single audit requirements. However, for Contractors receiving $304,000 or more of total Department grant funding, a copy of the financial audit prepared in accordance with generally accepted auditing standards must be submitted as a minimum requirement of the Department. The Department or federal agencies, may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. The Contractor's records must also be available for review or audit by appropriate officials of the Department or federal agencies (i.e., federal awarding agency or General Accounting Office). The Contractor must also assure that each of its subcontractors comply with the above audit requirements, as applicable, and provide for other subrecipient monitoring procedures, as deemed necessary. A copy of the audit reporting package or financial audit should be forwarded to: Michigan Department of Community Health Rate Development, Revenue Reimbursement and Payment Settlement Bureau I 0 H. Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source which would require or result in significant modification in the provision of services or funding or compliance with operational procedures. Year 2000 Compatibility The Contractor must ensure year 2000 compatibility for any software purchases related to this agreement. This shall include, but is not limited to: data structures (databases, data files, etc.) that provide 4-digit date century; stored data that contain date century recognition, including but not limited to, data stored in databases and hardware device internal system dates; calculations and program logic (e.g., sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values) that accommodates same century and multi-century formulas and date values; interfaces that supply data to and receive data from other systems or organizations that prevent non-compliant dates and data from entering any State system; user interfaces (i.e., screens, reports, etc.) that accurately show 4-digit years; and assurance that the year 2000 shall be correctly treated as a leap year within all calculation and calendar logic. J. Human Subjects The Contractor agrees to submit 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 Human Subjects Committee, for approval prier tc.-; the initiation of the research. 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 Contractor. B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and to provide the Contractor with any new report forms and reporting formats proposed for issuance thereafter at least ninety (90) days prior to required usage to afford the Contractor an opportunity for review and commentary. II 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, rules and regulations in carrying out the terms of this agreement. The Contractor 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. B. Anti-Lobbyina 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 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 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 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 Serv'iCeS 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. 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 37.2201 et seq, and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq, and any breach thereof may be regarded as a material breach of the contract or purchase order. 2. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned, women owned, and handicapper owned businesses in contract solicitations. The Contractor shall incorporate language in all contracts awarded: (1) prohibiting discrimination against minority owned, women owned, and handicapper owned businesses in subcontracting; and (2) making discrimination a material breach of contract. goe D. Debarment and Suspension Assurance is hereby given to the Department that the Contractor will comply with federal regulation 45 CFR Part 76 and certifies to the best of its knowledge and belief that it, including its employees and 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 3 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 3 year period preceding this agreement had one or 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 Contractor will comply with Public Law 103-227, also known as the Pro-Children Act of 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 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 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 provisions for children's services. 3 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-free 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 smoke-free. F. Hatch Political Activity Act and Intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1508, 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. Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. G. Home Health Services If the Contractor provides Home Health Services (as defined in Medicare Part B), the following requirements apply: 1. The Contractor shall not use categorical grant funds provided under this agreement to unfairly compete for home health services available from private providers of the same type of services in the Contractor's service area. 2. For purposes of this agreement, the term "unfair competition" shall be defined as offering of home health services at fees substantially less than those generally charged by private providers of the same type of services in the Contractor's area, except as allowed under Medicare customary charge regulations involving sliding fee scale discounts for low-income clients based upon their ability to pay. 3. If the Department finds that the Contractor is not in compliance with its assurance not to use state local public health operations and categorical grant funds to unfairly compete, the Department shall follow the procedure required for failure by local health departments to adequately provide required services set forth in Sections 2497 and 2498 of 1978, PA 368, as amended (Public Health Code), MCL 333.2497 and 2498, MSA 14.15 (2497) and (2498). 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 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. 5. That the Contractor 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 OMB Circular A-11 0, 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 Contractor proyides to the Department, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements. 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: 1. The advance amount requested must be reasonable in relationship to the program's requirements, billing cycle, etc.;and in no case may 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 Contractor'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 and may not be held pending agreement audit. Subsequent Department agreements may be withheld pending recovery of the outstanding advance from a prior agreement, unless the Contractor has a recurring agreement with the Department. If the Contractor has a recurring agreement with the Department, the operating advance outstanding must be confirmed on at the end of each fiscal year. 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. B. Reimbursement Method The Contractor will be reimbursed in accordance with the staffing grant reimbursement mechanism as follows: Reimbursement from the Department based on the understanding that Department funds will be paid up to the total Department allocation as agreed to in the approved budget. Department funds are 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 the Michigan Department of Community Health, Budget and Finance/Administration, Accounting Division, Expenditure Operations Section, P.O. Box 30720, Lansing, Michigan 48909, 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 FS R form. Instructions for completing the FSR form are available through your Contract Manager or the Department's web site. D. Final Obligations and Financial Status Report Requirements A report of estimated total agreement expenditures must be submitted during the first week of October using the format requested by the Department. The Department will provide additional informatidn regarding this report in September. 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 a loss, of funding requested per the report of estimated total agreement expenditures and may result in the potential reduction in the subsequent year's agreement amount. E. 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 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 Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section III.D. of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor 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 Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund th:e are funds rv..)t authorized for use and any payments or funds advanced to the Ccm-Itial:tc.- ,Ex;;;-ss o ceaoe reirribuTsabi dispute arising as a result of this agreei -nent sha!i be resolved in the State of Michigan. " VII. Severabilibz 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. 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 Contractor in the performance of this agreement shall be the responsibility of the Contractor, 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 Contractor, 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, 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 me Contractor, 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 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 activities, provided that nothing herein shall be construed as a waiver of any governmental 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 Contractor and the Departmentare subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended, MCL 15.341 et seq, MSA 4.1700 (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. XU. 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 patient or a person responsible for the patient, except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form which does not directly or indirectly identify particular individuals. ATTACHMENT A STATEMENT OF WORK 7,0 ATTACHMENT A STATEMENT OF WORK 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 Crime Victim Rights Act. B. It shall perform duties required to implement the Crime Victim Rights Act. C. It shall annually review its personnel and procedures to confirm its compliance with the Crime Victim Rights Act. D. It shall provide the Department with monitoring, budgetary and planning information as requested. E. It shall assure that disbursements received through this grant do not supplant other funds available for services to victim of crime. F. It shall assure that expenditures shall only be made for the purpose of providing those services required by the Crime Victim Rights Act (MCL 780.751 to 780.834 or 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. H. It shall complete and sUbmit all required reports to the Crime Victim Services Commission to assure continued funding. I. Personnel funded under this agreement shall attend an annual victim rights training opportunity supported by the Department. J. It shall provide the Crime Victim Services Commission with a position description of the personnel funded under this agreement. ATTACHMENT B BUDGET DETAIL Id 2 of MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET SUMMARY Page 1 PROGRAM CODE BUDGET PERIOD DATE PREPARED FROM TO Crime Victim Rights 10162-6 10-01-01 09-30-02 7-16-01 — . CONTRACTOR BUDGET FOR ORIGINAL AGREEMENT OR AMENDMENT # Oakland County Prosecutor x , ADDRESS CITY STATE ZIP CODE PAYEE IDENTIFICATION 1200 North Telegraph Road , Pontiac , _ MI 48341 2386004876 EXPENDITURE CATEGORY I I TOTAL BUDGET _ 1. Salaries and Wages 5180,100 - 2. Fringe Benefits 3. Travel I 4. Supplies and Materials - 5. Contractual (Subcontracts) _ . 6. Equipment 7, Other Expenses - 1 . 8. 1 TOTAL DIRECT EXPENDITURES 1 180,100 -,--- 9 Indirect Costs: Rate 4-1 % Indirect Costs: Rate #2 % . 10. Other Cost Distributions 1 11. TOTAL EXPENDITURES 130,100 - - - SOURCE OF FUNDS — — . 12. Fees and Collections . • , 13. State Agreement 1 $180,100 14. Local 1 - 15. Federal 1 16. 1 Other I I i I 17 Trom . 6i0.1 T-',epiaces PN-110 A CONDITiON OF FUNDING MICHIGAN DE,PARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET - COST DETAIL Page 2 01 2 - PROGRAM CODE BUDGET PERIOD DATE PREPARED FROM TO Crime Victim Rights 10162-6 10-01 101 1 09-30-02 07-16-01 LOCAL AGENCY ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER Oakland County Prosecutor X 1 . , 1. SALARY & WAGES - POSITION DESCRIPTION POSITIONS TOTAL COMMENTS REQUIRED SALARY Victim Ser. Director 1.0 S 55,800.00 - Victim Rts. Leader 1.0 39,50000 Victim Advocate 2.0 I 68,500.00 Typist I 1.0 16,300.00 I 14 - TOTAL SALARIES AND WAGES i ' 5.0 / $180,100.00 V 2. FRINGE BENEFITS: (Specify) _ - FICA LIFE INS. DENTAL INS. COMPOSITE RATE % — _ UNEMPLOY INS. VISION INS. WORK COMP. ' _ RETIREMENT HEARING INS. — HOSPITAL INS. OTHER: TOTAL FRINGE BENEFITS S 3. TRAVEL (Specify if any items exceed 10% of Total Expenditures) TOTAL TRAVEL it. SUPPLIES AND MATERIALS (Specify if any item exceeds 10% of Total Expenditures) TOTAL SUPPLIES AND MATERIALS S I I. CONTRACTUAL (Subcontracts) JAME ADDRESS AMOUNT TOTAL CONTRACTUAL . EQUIPMENT (Specify): TOTAL EQUIPMENT S OTHER EXPENSES (Specify it any item exceeds 10% of Total Expenditures) • CoMmunication Space Cost Other TOTAL OTHER EXPENSES S TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7). S 180,100.00 INDIRECT COST CALCULATION • .. Rate #1: Base x RATE % TOTAL Rate #1: Ease x RATE % TOTAL OTHER COST DISTRIBUTIONS (LOCAL HEALTH DEPARTMENTS ONLY) TOTAL OTHER COST DISTRIBUTIONS TOTAL EXPENDITURES (Sum of lines a -10) -, S 'I 50,100.00 (4 1.)TH. RA 266 CF 1970 101 3F rini (2.2-0,FY20C2 6/01 (WP) ATTACHMENT C PERFORMANCE/PROGRESS REPORT REQUIREMENTS ATTACHMENT C PERFORMANCE/PROGRESS REPORT REQUIREMENTS A. The Contractor shall submit the following reports on the following dates: Quarterly Performance Report and Disbursement Authorization (form CVR-608) January 30, 2002 April 30, 2002 July 30, 2002 October 30, 2002 Any such other information as specified 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:* Department of Community Health Crime Victim Services Commission 320 S. Walnut ,Lansing, Michigan 48913 *These instructions, supercede 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 adequacy. 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. 1. COUNTY 2. PROGRAM 3. CVSC CONTROL# PROSECUTING ATTORNEY g. DATE tA.rnnu , , • Crime Victim Services Commission Department of Community Health Crime Victim Rights Services • Quarterly Performance Report and Disbursement Authorization (complete Both Sides) Instructions: The Quarterly Performance Report and Disbursement Authorization is due in the Crime Victim Services Commission no later than 20 days following the end of the reporting period. Failure to submit this report by the due date will result in a delay in the release of funding. 4. FISCAL YEAR [ I [ I [ I [ I DATE DUE 5. QUARTERLY REPORT PERIODS October 1 - December 31 January 1 - March 31 April 1 -June 30 July 1 - September 30 January 20 April 20 July 20 October 20 PROGRAM INFORMATION 6. Provide the number of new cases (warrants authorized) in this quarter in Felony - which a victim is eligible to exercise Crime Victim Rights. Juvenile - Misdemeanor - Total - 7. Provide the percentage of cases in which crime victims chose to exercise Crime Victims Rights in the previous quarter. _ 1 8. Provide the number of injured victims personally assisted with Crime Victims Compensation claims in this quarter. Note: Item #9 is required with the April to June quarter only. 9. Without using persona! names (or -other information which may compromise a victim's right of personal privacy), please attach a short synopsis of a recent case explaining how the pro,vision of rights to a specific crime victim was accomplished. Describe if services for the victim provided a significant benefit to the outcome of the case, or to the satisfaction with the disposition, or to the victim's recovery from the crinle.. Please e.xplaih how this occurred.. i PROGRAM CERTIFICATION 10.1 certify that the county is providing services as required under MCL 780.751-780.834 and that the information in this report accur '5.1aely des,cribie) actiy5es and costs supported by disbursement from the Crime Victims Rights Fund. Submission: Submit this report 20 days after the end of each quarter to the Crime Victim Services Commission, Lewis Cass Building, 320 S. Walnut Lansing, Michigan 48913. By authority of PA 198 of 1989, completion of this form is mandatory to receive funding. 'FOR CVSC USE ONLY CVR-603 REV-5/99 ATTACHMENT D FINANCIAL STATUS REPORT FINAL EXPENDITURE iS ATTACHMENT D FINAL EXPENDITURE REPORT A. The contractor shall submit the following report as follows: Crime Victim Rights, Final Expenditure Report (CVR-609) November 30, 2002 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 the subsequent year's agreement amount. *FOR CVSC USE ONLY o Close Out APPROVED DATE • It I • Crime Victim Services Cornmission Department of Community Health Crime Victim Rights Final Expenditure Report 1. COUNTY 2. CONTROL # 3. FUNDING YEAR 4. TOTAL STATE CONTRACT AMOUNT PA 196 FISCAL YEAR EXPENDITURES — REPORT WHOLE DOLLARS ONLY S. EXPENDITURE APPROVED EXPENDITURES BALANCE CATEGORIES BUDGET SALARIES & WAGES FRINGE BENEFITS TRAVEL SUPPLIES Z.k MATERIALS CONTRACTUAL _ EQUIPMENT _ OTHER TOTAL 6. CERTIFICATION I certify the information in this report describes expenditures pertaining to Crime Victim Rights in accordance with PA 196. I further certify the expenditures shown have been made for the purposes of and in accordance with the contract agreement and those contract funds have not been used to reace local funds. 7. PROSECUTING n ATTORNY-ORPESIGNEE 8. DATE 0 ,sit A 0 r // By authority of PA 196 of 1969 completion of this form is required to receive funding. Submissinn: Submit this report no later than 60 days following the end of the state Fiscal year to the Crime Victim Services Commission, Lewis Cass Building, 320 S. Walnut, Lansing, MiLl igan 40913 c-- , - REV-9/00 CVR-609 Will the requested County match require an additional appropriation: Grantor Aaenc Title of Grant Notification Date Title of Grant Is a County match reauired: Is match in your current budaet: JULY 16, 2001 Submission/Acceptance Deadline OAKLAND COUNTY PROSECUTORS OFFICE CRIME VICTIM SERVICES COMMISSION CRIME VICTIMS RIGHTS PROGRAM CRIME VICTIMS RIGHTS PROGRAM Renewal EX Modified El SEPTEMBER 30, 2001 Grant funding period (provide mm/yy— mm/yy) Total amount ($$) of grant 10-1-01 - 9-30-02 180,100 1 180,100 10-1-00 - 9-30-01 0 0 0 0 10/08/01 MON 10:16 FAX 18109759832 OAKLAND CTY PROS. Ej 002 Oakland C oun ty* ran Application Summary Report This will be the in ear of grant fundine for this trot ram. Is this pro9ram projected to extend beyond the current grant funding period? The maximum number of years for which this grant is available: OPEN Briefly, describe any program and/or personnel changes since the most recent grant acceptance: NONE YES GRANT SUMMARY PRIOR YEAR AMT E . GRANT REQUEST E / MATCH REQUIREMENTS Federal match 0 0 State match I Local or agency match 0 0 Number of grant funded positions (list classes, ex. 3 clerics) 4 Grant funded personnel costs VC,;SERV. SUP., VC RTS. ISM 2 "C ADVOCATFS 180,100 SAME SAME Grant funded fringe benefits Grant funded program costs County match requirements COMBINED W/PERSONNEL CSTS. 180,100 SAME:, 180,100 Please attach: Program Summary: Approvals from Fiscal Services, Corporation Counsel, Risk Management and Personnel (if required) Revised 02/27/01 In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 11e0h damd0of October, 2001. William Caddell, County Clerk Resolution #01258 October 11, 2001 Moved by Palmer supported by Obrecht the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). HEREBY 1HE 1--ORFGOING RESOLUTION L Brooke Pa son, County EAecutive Date STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 October 11, 2001 with the original record thereof now remaining in my office.