HomeMy WebLinkAboutResolutions - 2004.08.05 - 27426Department of Community Health has
the Prosecuting Attorney Victims
of $187,100 for the period of October 1,
(13th) year of grant acceptance for this
MISCELLANEOUS RESOLUTION #04183 August 5, 2004
BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2005 CRIME VICTIM SERVICES GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the State of Michigan,
awarded the Oakland County Office of
Services grant funding in the amount
2004 through September 30, 2005; and
WHEREAS this is the thirteenth
program; and
WHEREAS the FY 2005 award of $187,100 is the same as the FY 2004 award
amount. 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, supplies and
materials for two (2) Victim Advocate positions, one (1) Victim Services
Supervisor and one (1) Office Assistant II 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 $187,100 for the period of October 1, 2004
through September 30, 2005.
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners is authorized to execute the grant award and to approve any
grant extensions or changes, within fifteen percent (15%) of the original
award, which are consistent with the original application as approved.
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.
PUBLW SERVIS COWITTEE
1 /
Public Services Committee Vote:
Motion carried on a roll call vote with Potter absent.
Pam Worthington
From:
Sent:
To:
Cc:
Subject:
Greg Givens [givensg@co.oakland.mi.us ]
Monday, July 26, 2004 4:26 PM
Doyle, Larry; Cojanu, Dart
Piir, Gala; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary
CONTRACT REVIEW- Prosecutor's Office
CONTRACT REVIEW - Prosecutor's Office
GRANT NAME: FY 2005 Victim Rights - Crime Victim Services
FUNDING AGENCY: Michigan Department of Community Health
DEPARTMENT CONTACT PERSON: Daniel Cojanu / 5-9731
STATUS: Acceptance
DATE: July 26, 2004
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.
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.
Department of Management and Budget:
Approved.- Laurie Van Pelt (7/26/2C04)
Department of Human Resources:
Approved. - Ed Poisson (7/26/2004)
Risk Management and Safety:
Approved. - Gerald Mathews (7/26/2004)
Corporation Counsel:
After reviewing this grant contract, there appear to be no outstanding
legal issues that require additional action or resolution. - Karen
Agacinski (7/23/2004)
Contract #:
CVA #:
Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
Oakland County
1200 N. Telegraph
Pontiac Ml 48341
Federal 1.11#: 38-6004876
hereinafter referred to as the "Contractor"
for
Victim Rights
Part I
1. Period of Agreement: This agreement shall commence on 10/01/2004 and continue
through 09/30/2005. This agreement is in full force and effect for the period specified.
Program Budget and Agreement Amount
A. Agreement Amount
The total amount of this agreement is $187,100. The Department under the terms
of this agreement will provide funding not to exceed $187,100. The federal
funding provided by the Department: is approximately zero.
B. Equipment Purchases and Title
Any contractor equipment purchases supported in whole or in part through this
agreement must be listed in the supporting Equipment Inventory Schedule.
Equipment means tangible, non-expendable, personal property having useful life
of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title
to items having a unit acquisition cost of less than $5,000 shall vest with the
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.
Laurie VanPelt
Name
vanpeltico.oakland.mi.us
E-Mail Address
Dir. Dept. of Management and Budget
Title
- (248) 858-1263
Telephone No.
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.
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 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, D and E, which are part of this agreement
through reference.
Performance/Progress Report Requirements: The progress reporting methods, as
applicable, shall be followed as described in Attachment C, which is part of this
agreement through reference.
7. General Provisions: The Contractor agrees to comply with the General Provisions
outlined in Part II, which is 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) is M. Elizabeth Adcock, Program Specialist, Victim
Assistance Grants, Crime Victim Services Commission, 320 S. Walnut, Lansing,
Michigan 48913; telephone (517) 334-9143; fax (517) 334-9942; and
adcockbmichioan.gov for intemet e-mail.
9. Contractor's Financial Contact for the Agreement:
The person acting for the Contractor on the financial reporting for this agreement is
(Please print) Name Title
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Michael Ez-z.o, Ed. D.
Chief Deputy Director
Signature Date
10, Special Conditions:
A. This agreement is valid upon approval - by the State Administrative Board as
appropriate and approval and execution by the De.pal'iment
B. This agreement is conditionally approved sub;ect to and contingent upon the
availability of funds.
C. The Department will not assume any responsibility or liability for costs incurred by
the ContrPctor 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.
Signature Section:
• For the CONTRACTOR
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
FY 04/05 AGREEMENT ADDENDUM A
This addendum modifies the following sections of Part II, General Provisions:
Part ll
Responsibilities-Contractor
Software Compliance. This section will be deleted in its entirety
and replaced with the following language:
The Michigan Department of Community Health and the County of
Oakland will work together to determine and avoid potential
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.
IX. Liability. Paragraph A. will be deleted in its entirety and replaced
with the following language.
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.
Signature Date
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.
Sicinature Section:
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Michael Ezzo, Ed.D., Chief Deputy Director Date
For the CONTRACTOR
Name and Title Date
DCH-0665FY2005 4/04 Cl/)
Page 4 of 15
Part II
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 of the
Department's name must be approved by the Department prior to
reproduction and use of such materials.
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 parfy 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.
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 records, files and documentation related to this agreement, to
the extent authorized by applicable state or federal law, rule or regulation.
G. Audits
1. Single Audit
Provide, consistent with regulations set forth in the Single Audit Act
Amendments of 1996, P.L. 104-156, and Section .320 of Office of
Management and Budget (OMB) Circular A-133, "Audits of States, Local
Governments, and Non-Profit Organizations," a copy of the annual Single
Audit reporting package of the Contractor to the Department.
The federal OMB Circular A-133 requires either a Single Audit or program-
specific audit (when a contractor is administering only one federal program)
of agencies that expend $500,000 or more in federal awards during the
Contractor's fiscal year
Contractors who have a Single Audit conducted as a result of $500,000 or
more in expenditures of Federal funds must submit the Single Audi
reporting package and management letter, if issued, to the Department
even if Federal funding received from the Department results in less than
$500,000 in expenditures.
The Contractor must assure that each of its subcontractors comply with
the above Single Audit requirements, as applicable -, and provide for other
subcontractor monitoring procedures, as deemed necessary, The
Contractor must also assure that the Schedule of Expenditures of Federal
Awards includes expenditures for all federally funded grants.
2. Financial Statement Audit
Contractors exempt from the Single Audit requirements that receive
$500,000 or more in total funding from the Department in State and
Federal grant funding must submit a copy of the Financial Statement Audit
prepared in accordance with generally accepted auditing standards
(GAAS), and management letter, if one is issued. Contractors exempt from
the Single Audit requirements that receive less than $500,000 of total
Department grant funding must submit a copy of the Financial Statement
Audit prepared in accordance with GAAS if the audit includes disclosures
that may negatively impact MDCH-funded programs, including, but not
limited to fraud, going concern uncertainties, financial statement
misstatements, and violations of contract and grant provisions.
DCH-0665FY2005 4/04 (W)
Page 5 of 15
DC40655FY2005 4/04 (W)
Other Audits
The Department OF federal agencies may also conduct or arrange for
"agreed upon procedures" or additional audits to meet their needs.
Notification
When a Contractor is exempt from both the Single Audit requirements and
the Financial Statement Audit requirements because funding is below the
thresholds described above and there are no disclosures that may
negatively impact MDCH-funded programs, the Contractor must submit an
Audit Status Notification Letter that certifies these exemptions. Attachment
E contains a sample Audit Status Notification Letter.
Due Date
The Single Audit reporting package and management letter, if one is
issued, Financial Statement Audit and management letter, if one is issued,
or Audit Status Notification Letter shall be submitted to the Department
within nine months after the end of the Contractor's fiscal year
Penalty
a. Delinquent Single Audit or Financial Statement Audit •
If the Contractor does not submit the required Single Audit reporting
package and management letter, or the Financial Statement Audit
and management letter within nine months after the end of the
Contractor's fiscal year the Department may withhold from the
current funding an amount equal to five percent of the audit years
grant funding (not to exceed $100,600) until the required filing is
received by the Department. The Department may retain the amount
withheld if the contractor is more than 120 days delinquent in
meeting the filing requirements.
Delinquent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter, when required,
may result in Withholding from the current funding an amount equal
to one percent of the audit year's grant funding until the Audit Status
Notification Letter is received.
Where to Send
A copy of the Single Audit reporting package and management letter, if one
is issued, Financial Statement Audit and management letter, if one is
issued, or the Audit Status Notification Letter must be forwarded to
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
P.O. Box 30479*
Lansing, Michigan 48909-7979
Or
Page 6 of 15
DCH-0665FY2005 4/04 (W)
Page 7 of 15
*Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933
Management Decision -
The Department shall issue a management decision on findings and
questioned costs contained in the Contractor's Single Audit within six
months after the receipt of a complete and final audit report. The
management decision shall include whether or not the audit finding is
sustained; the reasons for the decision; and the expected Contractoraction
to repay disallowed costs, make financial adjustments, or take other action.
Prior to issuing the management decision, the Department may request
additional information or documentation from the Contractor, including a
request for auditor verification of documentation, as a way of mitigating
disallowed costs.
H. Notification of Modifications
Provide timely notification to the Department, in writing, of any action by its
governing board or any other funding source that would require or result in
significant modification in the provision of services, funding or compliance with
operational procedures.
I. Software Compliance
The Contractor must ensure that software compliance and compatibility with the
Department's data systems for services provided under this agreement including .
but not limited to stored data, databases, and haterfaces for the production of
work products and reports. All required data under this agreement shall be
provided in an accurate and timely manner with out interruption, failure or errors
due to the inaccuracy of the Contractor's business operations for processing
date/time data
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.
H. 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 provide to the Contractor any new report
forms and reporting formats proposed for issuance thereafter at least ninety (90)
days prior to their required usage in order to afford the Contractor an opportunity
to review and offer comment.
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.
Anti-Lobbyinq 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.
Non-Discrimination
1. In the performance of any contract or purchase order resulting herefrom,
the Contractor agrees not to discriminate against any employee or applicant
for employment or service delivery and access, with respect to their hire,
tenure, terms, conditions or privileges of employment, programs and
services provided or any matter directly or indirectly related to employment,
because of race, color, religion, national origin, ancestry, age, sex, height,
weight, marital status, physical or mental disability unrelated to the
individual's ability to perform the duties of the particular job or position or to
receive services. The Contractor further agrees that every subcontract
entered into for the performance of any contract or purchase order resulting
herefrom will contain a provision requiring non-discrimination in
employment, service delivery and access, as herein specified binding upon
each subcontractor. This covenant is required pursuant to the Elliot-Larsen
Civil Rights Act, 1976 PA 453, as amended, MCL 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-0885FY2005 4/04 (w)
Page 8 of 15
2. Additionally, assurance is given to the Department that proactive efforts will
be made to identify and encourage the participation of minority owned and
women owned businesses, and businesses owned by handicapped
persons in contract solicitations. The Contractor shall incorporate. language
in all contracts awarded: (1) prohibiting discrimination against minority
owned and women owned businesses and businesses owned by
handicapped persons 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 three-year period preceding this agreement been
convicted of or had a civil judgment rendered against them for commission
of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, or receiving stolen
property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the
offenses enumerated in section 2, and
Have not within a three-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
Page 9 of 15 DCH-0665FY2005 4/04 (W)
DC1-1-0655FY2005 4/04 (W) Page 10 of 15
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 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. 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:
Contains additional non-conflicting provisions not set forth in this
agreement,
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.
That the subcontract does not affect the Contractor's accountability to the
Department for the subcontracted activity.
That any billing or request for reimbursement for subcontract costs is
supported by a valid subcontract and adequate source documentation on
costs and services.
DCH-0665FY2005 4/04 (W) Page 11 3M5
5. That the Contractor will submit a copy of the executed subcontract if
requested by the Department.
H. 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 0ME3 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.
Health Insurance Portability and Accountability Act
To the extent that this act is pertinent to the services that the Contractor provides
to the Department under this agreement, the Contractor assures that it is in
compliance with the Health Insurance Portability and Accountability Act (HIPAA)
requirements including the following:
1. The Contractor must not share any protected health data and information
provided by the Department that falls within HIPAA requirements except to
a subcontractor as appropriate under this agreement.
2. The Contractor must require the subcontractor not to share any protected
health data and information from the Department that falls under HIPAA
requirements in the terms and conditions of the subcontract.
The Contractor must only use the protected health data and information for
the purposes of this agreement. --
The Contractor must have written policies and procedures addressing the
use of protected health data and information that falls under the HIF'AA
requirements. The policies and procedures must meet all applicable federal
and state requirements including the HIPAA regulations. These policies
and procedures must include restricting access to the protected health data
and information by the Contractor s employees.
The Contractor must have a policy and procedure to report to the
Department unauthorized use or disclosure of protected health data and
information that falls under the 1-11PAA requirements of which the Contractor
becomes aware.
Failure to comply with any of these contractual requirements may result in
the termination of this agreement in accordance with Part II, Section V.
Termination.
In accordance with HIPAA requirements, the Contractor is liable for any
claim, loss or damage relating to unauthorized use or disclosure of
protected health data and information received by the Contractor from the
Department or any other source.
e.
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.
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 Department requires an
annual confirmation of the outstanding operating advance.
The Department may obtain the Michigan Department of Treasury's
assistance in collecting outstanding operating advances. The Department
will comply with the Michigan Department of Treasury's Due Process
procedures prior to forwarding claims to Treasury. Specific Due Process
procedures include the following:
a. Department offer of a hearing to dispute the debt, identifying the
time, place and date of such hearing.
A hearing by an impartial official.
An opportunity for the Contractor to examine department's
associated records.
An opportunity for the Contractor to present evidence in person or in
writing.
A hearing official with full authority to correct errors and make a
decision not to forward debt to Treasury.
Contractor representation by an attorney and presentation of
witnesses if necessary.
DCH-0665FY2005 4/04 (W) Page 12 of 15
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
Michigan Department of Community Health,
Bureau of Finance
Accounting Division, Expenditure Operations Section,
P.O. Box 30720, Lansing, Michigan 48909
FSRs must be submitted on a monthly basis, no later than thirty (30) days after the
close of each calendar month. The monthly FSRs must reflect total actual
program expenditures, regardless of the source of fivids. Attachment D contains
the FSR form. The FSR form and instructions for completing the FSR form are
available through your Contract Manager or the Department's web site
• http://www.michigan.govidocuments/DCH-0384-
Financial_Status_Report_8214_7.pdf and
• http://www.rnichigan.gov/documents/DCH-0384-
Financial_Status_Reportinstructions_8216_7.pdf.
Failure to meet financial reporting responsibilities as identified in this agreement
may result in withholding future payments.
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 Stat us enort_Siera
1. Preliminary Close Out Report
A Preliminary Close Out Report, based on annual guidelines, must be
submitted by the due date using the format provided by the Department's
Accounting Division. The Contractor must provide an estimate of total
expenditures for the entire agreement period. The information on the report
will be used to record the Department's year-end accounts payables and
receivables for this agreement.
DCH-0665FY2005 4104 (XI) Page 13 of 15
Final FSRs
Final FSRs are due sixty (60) days following the end of the fiscal year or
agreement period. The final FSR must be clearly marked "Final". Final
FSRs not received by the due date may result in the loss of funding
requested on the Preliminary Close Out Report and may result in the
potential reduction in the subsequent year's agreement amount.
F. Unobligated Funds
Any unobligated balance of funds held by the 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.
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 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. SeverabilitV
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.
Any changes to this agreement will be valid only if made in writing and accepted by all
parties to this agreement Any change proposed by the Contractor which would affect
the Department funding of any project, in whole or in part in Part 1, Section 2.C. of the
agreement, must be submitted in writing to the Department for approval immediately
upon determining the need for such change.
VIII. Amendments VIII. Amendments
DCH-0655FY2005 4/04 (W) Page 14 of 15
DCH-0065FY2005 4/04 (W) Page 15 of 15
X. 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.
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.
Conflict of Interest
The Contractor and the Department are 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.
XII. Confidentiality
Both the Department and the Contractor shall assure that medical services to and
information contained in medical records of persons served under this agreement, or
other such recorded information required to be held confidential by federal or state law,
rule or regulation, in connection with the provision of services or other activity under this
agreement shall be privileged communication, shall be held confidential, and shall not be
divulged without the written consent of either the 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
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 (IvICL 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
temis of this agreement.
PROGRAM BUDGET SUMMARY
MICHIGAN DEPARTMENT OF COMMUNITY
Program C77;repared I Page Of
CRIME VICTIM SERVICES COMMISSION May 13, 2003 i 1 i 2
Contractor Name BUDGET PERIOD
Oakland County From: 10/01/2004 To: 09/30/2005
Mailing Address (Number and Street) ,Azireement: Amendment Number --
1200 N. Telegraph ag Oriainal Amendment 1). 0
City State ZIP Code Payee ID Number
Pontiac MI 48341 I 38-8004878
EXPENDITURE CATEGORY TOTAL
nnn=miaMi
1. Salaries and Wages $178,524 $178,524
2. Fringe Benefits $ 0 $ 0
3. Travel $ 0 $ 0
4. Supplies and Materials $ 68 $ 68
5. Contractual (Subcontracts) $ 0 $ 0
6. Equipment $ 0 5t rt
Other Expenses: $ 8,508 $ 8,508
_
. Total Direct Expenditures $187,100 $187,100 (Sum of Lines 1-7
9. Indirect Costs: Rate #1 %
Indirect Costs: Rate #2 %
10. TOTAL EXPENDITURES $187,100 1 $187,100
SOURCE OF FUNDS:
11. Fees and Collections $0 $0
12. State Agreement $187,100 $187,100
13. Local $ 0 $ 0
14. Federal $0
15. Other(s): $ 0 ., $
16. TOTAL FUNDING $187,100 $187,100
AUTHORITY: P.A. 368 of 1978
COMPLETION: Is Voluntary, but is required as 3
condition of fundino
The Department of Community Health is an equal opportunity
employer, services and programs provider.
DCI-1-0385(E) (Rev 3-03) (W) Previous Edition Obsolete. Also Replaces FIN-110
vscagateMICHIGAN DEPARTMENT OF COMMUNITY HEALTH
r.\tAtt
PROGRAM BUDGET — COST DETAIL Page 2 0f2
PROGRAM BUDGET PERIOD DATE PREPARED '
FROM TO
CRIME VICTIM SERVICES COMMISSION 10/01/2004 09/30/2005 Ma 16, 2003
CONTRACTOR ORIGINAL BUDGET AMENDED AMENDMENT NUMBER
Oakland County $187,100 BUDGET
POSITIONS TOTAL '
1. SALARY & WAGES — POSITION DESCRIPTION REQUIRED SALARY COMMENTS
Daniel N. Cojanu, Supervisor Victim Services 1 $62,256
Nicole Kennedy, Victim Advocate 1 $42,036
Diane McKee, Victim Advocate 1 $44,136
Kelly Mohr, Office Asst. II (typist) 1 $30,096
_
Total Salaries and Wages 4 $178,524
2. FRINGE BENEFITS: (Specify)
[ ] FICA [ ] LIFE INS. r,. ] DENTAL INS [ ] COMPOSITE RATE ,
[ ] UNEMPLOY INS. [ 3 VISION INS. [ 3 WORK COMP AMOUNT %
[ ] RETIREMENT [ ] HEARING INS.
[ 3 HOSPITAL INS. [ ] OTHER TOTAL FRINGE BENEFITS $ 0
3, TRAVEL (Specify if any item exceeds 10% of Total Expenditures) SEE ATTACHED I
TOTAI TRAVFI $ 0
4. SUPPLIES & MATERIALS(Specify if any item exceeds 10% of Total Expenditures) SEE ATTACHED
TOTAL St IPPLIES X MATFRIAI R $ 68
5. CONTRACTUAL (Subcontracts) SEE ATTACHED
Name Address Amount
TOTAI CONTRACTl1A1 $ 0
6. EQUIPMENT(Specify) SEE ATTACHED
TOTAI FOIJIPmFNT $ 0
7. OTHER EXPENSES(Specify if any item exceeds 10% of Total Expenditures) SEE ATTACHED
TOTAI OTHFR $ 8.508 I 8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) $187.100
9. INDIRECT COST CALCULATIONS Rate #1: Base $ x Rate % Total
Rate #2: Base $ x Rate % Total $
10. TOTAL EXPENDITURES (Sum of lines 8-9) SEE ATTACHED $187.100
AUTHORITY: P.A. 368 OF 1978 COMPLETION IS A CONDITION OF FUNDING )CH-0386FY2003(E) (W) 3/2003
*These instructions; supercede directions in the General Provisions, Section IV,
C.,. entitled . Financial Status Report Submission,
K. The Contract Manager shall evaluate the reports submitted as described in A. and
B. above for their completeness and adequacy.
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 C
PERFORMANCE/PROGRESS REPORT REQUIREMENTS
A. The Contractor shall submit the following reports on the following dates:
Quarterly Financial & Program Reports should be submitted by the contractor on
the 30th day following the end of the quarter. Reports are available on the
intemet at http://siemaweb.mdch.state.mi.us . Reports should be completed and
submitted to the CVSC via the internet Due dates for submission of Quarterly
Financial & Program Report are as follows:
January 30, 2005
April 30, 2005
July 30, 2005
October 30, 2005
Program Report/Case Synopsis is to be submitted annually with the April-June
quarter on the form provided via http://sionaweb.mdch_state.mi.us.
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 the Department of Community
Health, Crime Victim Services Commission via the website,
http://sigrnaweb.rndch.state.mi.us .*
ATTACHMENT D
FINAL EXPENDITURE REPORT
The contractor shall submit the Final Expenditure Report sixty (60) days
following the end of the fiscal year Final Expenditure Reports are
available on the internet at http://sigmaweb.mdch.state.mi.us . Final
Expenditure Reports should be completed and submitted to the Crime
Victim Services Commission via the internet. The due date for
submission of the Final Expenditure Report is as follows:
November 30, 2005
Final Expenditure Reports not received by the due date may result in a
loss of funding requested per the report of total agreement expenditures
and may result in the potential reduction in subsequent year's agreement
amount.
Date:
To: MDCH
Office of Audit
Quality Assurance and Review Section
P.O, Box 30479
Lansing, Michigan 48909-7979
From: Agency Name:
Address:
Federal ID Number:
Re: Agency Fiscal Year Ended:
Audit Status Notification Letter
(Contractor exempt from the Single Audit and Financial Audit Submission requirement)
The purpose of this letter is to comply with Michigan Department of Community Health grant
contract audit requirements. I certify that the
(Agency Narne)
agency expended less than $500,000 in federal awards, and received less than $500,000 in
total Department funding. I also certify that our agency's audit did not address any findings
related to current or prior years that negatively impact MDCH-funded programs, Therefore, we
are not required to submit either a Single Audit or Financial Statement Audit to the
Department.
If you have questions, please contact at .
(Contractor's Representative) (phone)
Sincerely,
Signature Print Name of Contractor Representative/Title
ATTACHMENT F
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.
The contractor shall provide the Department with a position description of
the personnel funded under this agreement.
Personnel supported under this agreement or performing work under this
agreement shall maintain a funding distribution timesheet as required in
the CVSC, January 2003, Program Instruction regarding timesheets.
\4 1:s
FISCAL NOTE (MISC. #04183) August 5, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2005 CRIME VICTIMS 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 referenced resolution and finds:
1. The Prosecuting Attorney is requesting the acceptance of
the FY 2005 Crime Victim Services Grant.
2. This is a reimbursement grant award in the amount of
$187,100 for the period of October 1, 2004 through
September 30, 2005.
3. The FY 2005 award is the same as the FY 2004 award and
no County match is required.
4. The grant includes continued funding of salaries,
supplies and materials for two (2) GF/GP Victim Advocate
positions, one (1) GF/GP Victim Services Supervisor
position, and one (1) GF/GP Office Assistant II
position.
5. Funding for salaries, supplies and materials are also
included in the FY 2005 and FY 2006 County Executive
Recommended Budget. No budget amendment is required.
6. Acceptance of this grant does not obligate the County to
future commitments and continuation is contingent upon
future grant funding.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Moss absent.
'I
Resolution #04183 August 5, 2004
Moved by Scott supported by Suarez the resolutions on the Consent Agenda, be adopted (with
accompanying reports being accepted).
AYES: Coulter, Crawford, Douglas, Hatchett, Jamian, Knollenberg, Law, Long, McMillin,
Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson,
Bullard. (21)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with
accompanying reports being accepted).
HIM APPROVE lif F080111 IESOLUTION
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 5, 2004
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 5th day of August, 2004.
G. William Caddell, County Clerk