HomeMy WebLinkAboutResolutions - 2002.08.22 - 26721•
MISCELLANEOUS RESOLUTION #02204
BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2003 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,
2002 through September 30, 2003; and
WHEREAS this is the eleventh (11th) year of grant acceptance for this
program; and
WHEREAS the FY 2003 award of $180,100 is the same amount as the FY 2002
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, 2002
through September 30, 2003.
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 90-) of the original
award, which are consistent with the original application as approved.
BE IT FURTHER RESOLVED continuation of this program, including the
positions, is contingent upon continued grant funding.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Gala Piir
From: Greg Givens (givensg@co.oakland.mi.us ]
Sent: Tuesday, July 30, 2002 10:44 AM
To: VanLeuvenj; Piir, Gala; Dan Cojanu
Cc: Frederick, Candace
Subject: CONTRACT REVIEW- Prosecutor's Office
RE: CONTRACT REVIEW - Prosecutor's Office
GRANT NAME: FY 2003 Crime Victim Services Commission (VOCA)
FUNDING AGENCY: Michigan Department of Community Health
DEPARTMENT CONTACT PERSON: Dan Cojanu / 59731
STATUS: Acceptance
DATE: July 30, 2002
Pursuant to Misc. Resolution #01320, please be advised the captioned
grant materials have completed internal contract review. Below are the
comments returned by review departments.
Department of Management and Budget:
Approved. Note: It appears that Dave Gorcyca signed the agreement. I
believe that the only person authorized to sign intergovernmental
agreements is the Board Chairperson. - Laurie Van Pelt (July 24, 2002)
Personnel Department:
I approve - Judy Eaton (July 23, 2002)
Risk Management and Safety:
Approved. - Stan Fayne (July 26, 2002)
Corporation Counsel:
There appear to be no outstanding legal issues that require further
action or resolution. Please note that the contract explicitly requires
compliance with HIPPA regulations (to the extent that they may apply to
health information about the victim gathered while providing services.)
If you need additional information on HIPPA, our office can assist you.
I also concur with Laurie VanPelt regarding signatures. - Karen
Agacinski (July 29, 2002)
Please note the comments from both the Department of Management and
Budget and Corporation Counsel. 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 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.
Greg Givens, Supervisor
Grants Administration Unit
Fiscal Services Division
Contract #
P.O. #
Grant 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
Part I
1. Period of Agreement: This agreement shall commence on October 1, 2002,
and continue through September 30, 2003. 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 is
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
pfoperty having useful life of more than one (1) yearand 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.
eqHipment supports such retention or transfer of title. 4'
DCH-0665FY2003 2/02 (WP)
PdgC. 20 uf 20
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 can be implemented. This
deviation allowance does not authorize new categories, subcontracts,
equipment items or positions not shown in the attached Program
Budget Summary and supporting detail schedules.
3. Purpose: The focus of the program is to implement the requirements of the
Victim Rights Act, P. A. 87 of 1985.
4. Statement of Work : The Contractor agrees to undertake, perform and
complete the services described in Attachment A which is 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. Administration of the Agreement:
The person acting for the Department in administering this agreement
(hereinafter referred to as the Contract Manager and Location/Building) will be:
M. Elizabeth Adcock
Name
Program Specialist (517) 334-9943
Title Telephone No.
9. Contractor's Financial Contact for the Agreement:
The person acting for the Contractor on the financial reporting for this
Agreement will be::
C. Hugh Dohany. County Treasurer, 248-858-0611 -
Name, Title, 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.
DCH-0665pY2003 2102 (WP)
rage: 20 of 20
•
B. This agreement is conditionally approved subject to and contingent upon
the availability of funds.
C. The Department will not assume any responsibility or liability for costs
incurred by the Contractor prior to the signing of this agreement.
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 Contractor.
12. Signature Section :
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Peter L. Trezise, Chief Operating Officer Date
For the CONTRACTOR
Name and Title
Signature Date
DCH-06A5FY2003 2/02 (WP)
Page: 20 of 20
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
FY 02/03 AGREEMENT ADDENDUM A
1. This addendum modifies the following sections of Part Ii , General Provisions:
Partli
I. 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.
III. 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 agencies,
employees, or Oakland County, as provided by statute or modified
by court decisions,
2. Stpecial 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
Name and Title
Signature S Date
Part
General Provisions
1. 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.
B. Fees
Make reasonable efforts to collect 1 st and 3rd party fees, where applicable,
and report these as outlined by the Department's fiscal procedures. Any
underrecoveries of otherwise available fees resulting from failure to bill for
eligible services will be excluded from reimbursable expenditures.
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.
DCH-0665FY2003 2102 (W) Page: 1 of 12
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 $300,000 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.
7DCH-0665FY2003 2/02 (W) Paye. 2 Of 12
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
P.O. Box 30479
Lansing, MI 48909-7979
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.
I. 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 prior to the initiation
of the research.
II. Responsibilities - Department
The Department in accordance with the general purposes and objectives of this
.agreement will:
A. Reimbursement
Provide reimbursement in accordance with the terms and conditions of this
agreement based upon appropriate reports, records, and documentation
maintained by the Contractor.
7DCI-1-0005FY2003 2/02 (W) Page: 3 of 12
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.
ill. 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-Lobbvinq 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 services provided or any matter directly or
indirectly related to employment, because of race, color, religion,
national origin, ancestry, age, sex, height, weight, marital status,
physical or mental disability unrelated to the individual's ability to
perform the duties of the particular job or position. The Contractor
further agrees that every subcontract entered into for the performance
of any contract or purchase order resulting herefrom will contaib ..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. •
DCH-0665FY2003 2/02 (W) Page' 4 of 12
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.
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 a3 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
DCH-0555FY2uu3 2/02 (W) Page 5 ot 12
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.
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 USG 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 bas-ed 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
DCH-0665Fy2003 2/02 (W) Page: 6 of 12
2498 of 1978, PA 388, 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.
• I. 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-110, 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.
,
U-u65t-,Y2UU:3 2/u2 (W) ' Page: / of 12
J. Health Insurance Portability and Accountability Act
To the extent that this act is pertinent to the services that the Contractor
provides 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 unless the Contractor 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 Contractor has a recurring agreement with the
Department, the operating advance outstanding must be confirmed at
the end of each fiscal year.
The Department may obtain theMichigan 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.
••n
DCH-0685FY2003 2102 (W) Page: 8 of 12
b. A hearing by an impartial official.
C. An opportunity for the Contractor to examine department's
associated records.
d. An opportunity for the Contractor to present evidence in person
or in writing.
a A hearing official with full authority to correct errors and make a
decision not to forward debt to Treasury.
f. Contractor representation by an attorney and presentation of
witnesses if necessary.
5. At the end of either the agreement period or Department's fiscal year,
whichever is first, the Contractor must respond to the Department's
request for confirmation of the operating advance. Failure to respond
to the confirmation request may result in the Department recovering all
or part of an outstanding operating advance.
B. Reimbursement Method
The Contractor will be reimbursed in accordance with the staffing grant
reimbursement 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 FSR form. Instructions for completing the
FSR form are available through your Contract Manager or the Department's
web site. Failure to meet financial reporting responsibilities as identified in
this agreement may result in withholding future payments.
D. Reimbursement Mechanism
All contractors are encouraged to sign up through the on-line vendor
registration process to receive all State of Michigan payments as Electronic
Funds Transfers (EFT)/Direct Deposits.
E. Final Obligations and Financial Status Report Requirement i -
A report of estimated total agreement expenditures must be submitted based
on annual guidelines and deadlines issued by the Department. 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
DCH-0885FY2003 2102 (W) Page: u of 12
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.
F. Unobliqated 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 111.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 to the Department any funds not authorized for
use and any payments or funds advanced to the Contractor in excess of allowable
reimbursable expenditures. Any dispute arising as a result of this agreement shall
be resolved in the State of Michigan.
VII. 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.
OCH-0665FY2003 2J02 (W) Page: 10 of 12
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 the 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.
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 Department are subject to the provisions of 1968 PA 317, as
amended, MCL 15321 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 agre-ement
shall be resolved in the State of Michigan.
XII. Confidentiality
Both the Department and the Contractor shall assure that medical services to and
information contained in medical records of persons served under this agreement, or
other such recorded information required to be held confidential by federal or state
DDCH-0665PY2003 2/02 (W) Page: 11 of 12
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.
DCH-0665FY2003 2/02 (W) Page 12 of 12
ATTACHMENT A
ATTACHMENT A
STATEMENT OF WORK
Prosecutor — Victim Rights Programs
1. Responsibilities — Contractor
Through acceptance of this grant the Contractor agrees to the following:
A. It shall establish procedures and develop budgetary and training criteria to
implement the requirements of the 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.
ATTACHMENT B
DCH-0385FY2002 (E) 6/2001 (W) Replaces FIN-110 COMPLETION IS A CONDITION OF FUNDING
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM BUDGET SUMMARY
Page 1 Of 2
PROGRAM CODE BUDGET PERIOD rDATE PREPARED
Victim Rights 10162-6 10-1-02 FROM
TO 6/11/02 i 9-30-03 - _ CONTRACTOR ORIGINAL AGREEMENT AMMENDMENT #
Oakland County Prosecutor's Office X
- ADDRESS CITY STATE ZIP CODE PAYEE IDENTIFICATION
1200 North Telegraph Road Pontiac MI 48341 2386004876
EXPENDITURE CATEGORY TOTAL BUDGET _
1. Salaries and Wages 180,100 I
2. Fringe Benefits
3. Travel
4. Supplies and Materials _
5. Contractual (Subcontracts)
6. Equipment
7. Other Expenses
,
, 1
1
_
8. TOTAL DIRECT EXPENDITURES 180,100
9. Indirect Costs: Rate #1 %
Indirect Costs: Rate #2 %
10. Other Cost Distributions
_
11. TOTAL EXPENDITURES 180,100
SOURCE OF FUNDS
12. Fees and Collections
_ 13. State Agreement _ 180,100
_ 14. Local
, 15. Federal
16. Other
_
..
_
17. TOTAL FUNDING 180,100
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM BUDGET — COST DETAIL Page 2 Of 2
ROGRAM CODE BUDGET PERIOD DATE PREPARED
Victim Rights FROM TO
10162-6 10-1-02 I 9-30-03 6/11/02
LOCAL AGENCY ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER
Oakland County Prosecutor's Office X _
POSITIONS TOTAL
1. SALARY & WAGES — POSITION DESCRIPTION REQUIRED SALARY COMMENTS
Victim Serv. Director 1.0. 55,800
Victim Rights Leader 1.0 _ 39,500
Victim Advocate 2.0 68,500
Typist _ 1.0 16,300
Total Salaries and Wages _ 5.0 180,100
2. FRINGE BENEFITS: (Specify)
fl FICA LI LIFE INS. LI DENTAL INS Li COMPOSITE RATE
LII UNEMPLOY INS. III VISION INS. LI WORK COMP AMOUNT %
LI RETIREMENT LI HEARING INS.
LI HOSPITAL INS. L1 OTHER Total Fringe Benefits $
3. TRAVEL (Specify if any item exceeds 10% of Total Expenditures)
TOTAL TRAVEL $
4. SUPPLIES & MATERIALS(Specify if any item exceeds 10% of Total Expenditures)
TOTAL SUPPLIES & MATERIALS
5. CONTRACTUAL (Subcontracts)
Name Address Amount
$
TOTAL CONTRACTUAL
6. EQUIPMENT(Specify)
TOTAL EQUIPMENT ,,,
7, OTHER EXPENSES(Specify if any item exceeds 10% of Total Expenditures)
Communication
Space Cost
Other
TOTAL OTHER $ ..
8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) $180,100
9: INDIRECT COST CALCULATIONS
Rate #1: Base $ X Rate % Total $
Rate #2: Base $ X Rate % Total $
10. OTHER COST DISTRIBUTIONS (LOCAL HEALTH DEPARTMENTS ONLY)
TOTAL OTHER COST DISTRIBUTIONS $
11. TOTAL EXPENDITURES (Sm of lines 8-10)
$180,100 ..,
COMPLETION IS A CONDITION OF FUNDING AUTHORITY: P.A. :388 OF 1978 DCH-0386FY2002(E) (W) 6/2001
ATTACHMENT C
J $
•
ATTACHMENT C
PERFORMANCEJPROGRESS 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, 2003
April 30, 2003
July 30, 2003
October 30, 2003
B. 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.
ATTACHMENT D
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, 2003
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
CVR-609
REV-9/00
Crime Victim Services Commission
Department of Community Health
Crime Victim Rights
Final Expenditure Report
1. CONTRACTOR 2. CONTROL #
3. FUNDING YEAR 4. TOTAL STATE CONTRACT AMOUNT
2003
PA 196 FISCAL YEAR EXPENDITURES — REPORT WHOLE DOLLARS ONLY
5.
EXPENDITURE APPROVED EXPENDITURES BALANCE
CATEGORIES BUDGET
SALARIES &
WAGES
FRINGE BENEFITS
TRAVEL
SUPPLIES &
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 replace local funds.
7. PROSECUTING ATTORNEY OR DESIGNEE 8. DATE
By authority of PA 196 of 1989 completion of this form is required to receive funding.
Submission: 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, Michigan 48913
# V •
ATTACHMENT E
ata .r`
1
I if •0 • • •
'
ATTACHMENT E
OTHER PROGRAM SPECIFIC REQUIREMENTS
Prosecutor — Victim Rights Programs
I. 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
training's and conferences sponsored by the Department.
C. The contractor shall complete and submit all required reports to the
Department to assure continued funding.
D. Personnel funded under this agreement shall attend an annual victim rights
training opportunity supported by the Department.
E. The contractor shall provide the Department with a position description of
the personnel funded under this agreement.
F. All personnel supported under this agreement or performing work under
this agreement shall maintain a funding distribution timesheet clearly
showing the specific hours supported the agreement.
6 •
• •
FISCAL NOTE ,(MISC. #02204) August 22, 2002
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2003 VICTIMS RIGHTS FUNDING FOR VICTIM
SERVICES 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 FY 2003 Victim Rights Funding for Victim Services
Grant.
2. The grant award of $180,100 for the period of October 1,
2002 through September 30, 2003 is the same as the FY
2002 award. There is no County match required.
3. The 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, which is included in the County Executive
Recommended Budget. No budget amendment is required.
4. Acceptance of this grant does not obligate the County to
future commitments and continuation is contingent upon
future grant funding.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Patterson absent.
: GOING SOLUT 1,7 I_____
Z 5/o7,
F(
Date L. Broo-ka PettOjon, County Executive
G. William Caddell, County Clerk
• I 6.
Resolution #02204 August 22, 2002
Moved by Crawford supported by Coleman the resolution be adopted.
AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton,
Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian,
Buckley, Causey-Mitchell, Coleman, Crawford, (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
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 August 22,
2002, 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 22nd day of August, 2002.