HomeMy WebLinkAboutResolutions - 2007.08.30 - 28383August 30, 2007
MISCELLANEOUS RESOLUTION #07197
BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2008 CRIME VICTIM RIGHTS GRANT 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 Victim Rights
grant funding in the amount of $188,900 for the period of October 1, 2007
through September 30, 2008; and
WHEREAS this is the sixteenth (16th) year of grant acceptance for this
program; and
WHEREAS the FY 2008 award is the same as the FY 2007 award amount and
there is no grant match 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 three (3) Victim Advocate positions and one (1) Victim Rights
Leader 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 $188,900 for the period of October 1, 2007
through September 30, 2008.
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 that 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
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
GRANT REVIEW SIGN OFF — Prosecuting Attorney
GRANT NAME: 2007-2008 Victim Rights
FUNDING AGENCY: Dept. of Community Health
DEPARTMENT CONTACT PERSON: Daniel Cojanu / 248.975,9631
STATUS: Acceptance — Resolution Required
DATE: August 10, 2007
Pursuant to Misc. Resolution /401320, please be advised the captioned grant materials
have completed internal grant review. Below are the returned review comments.
The captioned grant materials and grant acceptance package (which should include the
Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract,
Finance Committee Fiscal Note, and this Sign Off email containing grant review
comments) may be requested to be placed on the appropriate Board of Commissioners'
committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (08/09/2007)
Department of Human Resources:
Approved — Jennifer Mason (8/10/2007)
Risk Management and Safety:
Approved By Risk Management Andrea Plotkowski (8/10/2007)
Corporation Counsel:
Approved. - After reviewing this grant contract, there appear to be no unresolved legal
issues that require additional action at this time — Karen Agacinski (8/10/2007)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a
list of these specifically cited compliance related documents for this grant.
Federal Healtb Insurance Portability and Accountability Act of 1996 (111PAA, Title
II) http://www.cms.hils.gov/HIPAAGenInfo/Downloads/H1P.AAlawdetail.pdf
Federal Office of Management and Budget (OMB) Circular No. A-133. This
Circular sets forth standards for obtaining consistency and uniformity among
Federal agencies for the audit of States, local governments, and non-profit
organizations expending federal awards.
http://www.whitehouse.gov/omb/circulars/a133/a133.html
Federal Office of Management and Budget (OMB) Circular No. A-102. This
Circular establishes consistency and uniformity among Federal agencies in the
CVA #:
Contract #:
Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
Oakland County
1200 N. Telegraph
Pontiac, MI 48341
Federal I.D.#: 38-6004876
hereinafter referred to as the "Contractor"
for
Crime Victim Rights
Part I
1. Period of Agreement: This agreement shall commence on 10/01/2007 and
continue through 09/30/2008. 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 $188,900. The Department under
the terms of this agreement will provide funding not to exceed $188,900.
The federal funding provided by the Department is $ 0 or approximately
0%; the Catalog of Federal Domestic Assistance (CFDA) number is N/A
and the CFDA Title is N/A; the federal agency name is N/A: the federal
grant award number is N/A and federal program title is N/A. The grant
agreement is designated as a: N/A
LIII subrecipient relationship; or
vendor relationship.
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.
1 I
1 of 16
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
William Van Regenmorter Crime Victim's 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 financial requirements shall be followed as
described in Part II of this agreement and Attachments B and D. which are part of
this agreement through reference.
6. Performance/Progress Report Requirements: The progress reporting
methods, as applicable, shall be followed as described in Attachment C, which is
part of this agreement through reference.
7. General Provisions: The Contractor agrees to comply with the General
Provisions outlined in Part II and Attachment E, which are 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. Eliza bethAdcock. Program Specialist (517)334-9943 adcockla@michigan.gov
Name, Location/Building Title Telephone No. Email Address
9. Contractor's Financial Contact for the Agreement:
The person acting for the Contractor on the financial reporting for this agreement
is:
Laurie VanPelt ir nent nf Management and Budget
Name Title
vanpeltloakgov.com (248) 858-0490
E-Mail Address Telephone No.
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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 Department.
B. This agreement is conditionally approved subject to and contingent upon the
availability of funds.
C. The Department will not assume any responsibility or liability for costs incurred
by the Contractor prior to the signing of this agreement.
D. The Contractor is required by PA 533 of 2004 to receive payments by
electronic funds transfer.
11. Special Certification:
The individual or officer signing this agreement 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 CONTRACTOR
Name (Please print) Title
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Nick Lyon Date
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MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
FY 07/08 AGREEMENT ADDENDUM A
1. This addendum modifies the following sections of Part II, General
Provisions:
Part II
I. Responsibilities-Contractor
J. Software Compliance. This section will be deleted in its
entirety and replaced with the following language:
The Michigan Department of Community Health and the County of
Oakland will work together to identify and overcome potential data
incompatibility problems.
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.
B. Health Insurance Portability and Accountability Act. The
provisions in this section shall be deleted in their entirety and
replaced with the following language:
Contractor agrees that it will comply with the Health
Insurance Portability and Accountability Act of 1996, and the
lawfully enacted and applicable Regulations promulgated
there under.
IV. 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 of 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. Special Certification:
The individual or officer signing this agreement certifies by his or
her signature that he or she is authorized to sign this agreement on
behalf of the responsible governing board, official or Contractor.
3. Signature Section:
For the COUNTY OF OAKLAND
Name and Title Date
Signature Date
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Nick Lyon, Deputy Director Date
Operation Administration
Part II
General Provisions
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.
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. 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.
DCH-0665 FY2008 2107 (W) Page 4 of 16
F. Authorized Access
Permit upon reasonable notification and at reasonable times, access by
authorized representatives of the Department, Federal Grantor Agency,
Comptroller General of the United States and State Auditor General, or any of
their duly authorized representatives, to records, files and documentation
related to this agreement, to the extent authorized by applicable state or federal
law, rule or regulation.
G. Audits
This section only applies to Contractors designated as subrecipients.
Contractors designated as vendors are exempt from the provisions of this
section.
1. Required Audit or Notification Letter
Contractors must submit to the Department either a Single Audit,
Financial Statement Audit, or Audit Status Notification Letter as
described below. If submitting a Single Audit or Financial Statement
Audit, Contractors must also submit a Corrective Action Plan for any
audit findings that impact MDCH-funded programs, and management
letter (if issued) with a response.
a. Single Audit
Contractors that expend $500,000 or more in federal awards
during the Contractor's fiscal year must submit to the Department
a Single Audit prepared consistent with the Single Audit Act
Amendments of 1996, and Office of Management and Budget
(OMB) Circular A-133, "Audits of States, Local Governments, and
Non-Profit Organizations," as revised.
b. 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 to the Department a
Financial Statement Audit prepared in accordance with generally
accepted auditing standards (GAAS). Contractors exempt from
the Single Audit requirements that receive less than $500,000 of
total Department grant funding must submit to the Department a
Financial Statement Audit prepared in accordance with GAAS if
the audit includes disclosures that may negatively impact MDCH-
funded programs including, but not limited to fraud, going concern
uncertainties, financial statement misstatements, and violations of
contract and grant provisions.
c. Audit Status Notification Letter
Contractors exempt from both the Single Audit and Financial
Statement Audit requirements (a. and b. above) must submit an
Audit Status Notification Letter that certifies these exemptions.
The template Audit Status Notification Letter and further
instructions are available at htto://www.michigan.gov/mdch by
selecting Inside Community Health — MDCH Audit.
DCH-0865 FY2008 2107 (W) Page 5 of 16
Due Date and Where to Send
The required audit and any other required submissions (i.e. Corrective
Action Plan and management letter with a response), or audit Status
Notification Letter must be submitted to the Department within nine
months after the end of the Contractor's fiscal year to:
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
P.O. Box 30479*
Lansing, Michigan 48909-7979
*For Express Delivery:
Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933
Alternatives to paper filing may be viewed at
http://www.michician.qov/mdch by selecting Inside Community Health —
MDCH Audit.
3. Penalty
a. Delinquent Single Audit or Financial Statement Audit
If the Contractor does not submit the required Single Audit
reporting package, management letter (if issued) with a response,
and Corrective Action Plan; or the Financial Statement Audit and
management letter (if issued) with a response within nine months
after the end of the Contractor's fiscal year and an extension has
not been approved by the cognizant or oversight agency for audit,
the Department may withhold from the current funding an amount
equal to five percent of the audit year's grant funding (not to
exceed $200,000) until the required filing is received by the
Department. The Department may retain the amount withheld if
the Contractor is more than 120 days delinquent in meeting the
filing requirements and an extension has not been approved by
the cognizant or oversight agency for audit. The Department may
terminate the current grant if the Contractor is more than 180 days
delinquent in meeting the filing requirements and an extension
has not been approved by the cognizant or oversight agency for
audit.
b. Delinquent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter, when
required, may result in withholding from the current funding an
amount equal to one percent of the audit year's grant funding until
the Audit Status Notification Letter is received.
DCH-0665 FY2008 2/07 (W) Page 6 of 16
4. Other Audits
The Department or federal agencies may also conduct or arrange for
"agreed upon procedures" or additional audits to meet their needs.
H. SubrecipientNendor Monitoring
The Contractor must ensure that each of its subrecipients comply with the
Single Audit Act requirements. The Contractor must issue management
decisions on audit findings of their subrecipients as required by OMB Circular
A-133.
The Contractor must also develop a subrecipient monitoring plan that
addresses "during the award monitoring" of subrecipients to provide
reasonable assurance that the subrecipient administers Federal awards in
compliance with laws, regulations, and the provisions of contracts, and that
performance goals are achieved. The subrecipient monitoring plan should
include a risk-based assessment to determine the level of oversight, and
monitoring activities such as reviewing financial and performance reports,
performing site visits, and maintaining regular contact with subrecipients.
The Contractor must establish requirements to ensure compliance for for—
profit subrecipients as required by OMB Circular A-133, Section .210(e)
The Contractor must ensure that transactions with vendors comply with laws,
regulations, and provisions of contracts or grant agreements in compliance with
OMB Circular A-133, Section .210(f).
Notification of Modifications
Provide timely notification to the Department, in writing, of any action by its
governing board or any other funding source that would require or result in
significant modification in the provision of services, funding or compliance with
operational procedures.
J. Software Compliance
The Contractor must ensure software compliance and compatibility with the
Department's data systems for services provided under this agreement
including, but not limited to: stored data, databases, and interfaces for the
production of work products and reports. All required data under this
agreement shall be provided in an• accurate and timely manner without
interruption, failure or errors due to the inaccuracy of the Contractor's business
operations for processing date/time data.
K. Human Subjects
The Contractor agrees that prior to the initiation of the research, the Contractor
will submit institutional Review Board (1RB) application material for all research
involving human subjects, which is conducted in programs sponsored by the
Department or in programs which receive funding from or through the State of
Michigan, to the Department's 1RB for review and approval, or the IRB
application and approval materials for acceptance of the review of another 1RB.
All such research must be approved by a federally assured IRB, but the
Department's IRB can only accept the review and approval of another
institution's IRB under a formally-approved interdepartmental agreement. The
DCH-0665 FY2008 2107 (W) Page 7 of 16
manner of the review will be agreed upon between the Department's IRB
Chairperson and the Contractor's IRB Chairperson or Executive Officer(s).
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.
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 section of the FY 1997 Omnibus Consolidated Appropriations
Act (Public Law 104-208). Further, the Contractor shall require that the
language of this assurance be included in the award documents of all
subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans and cooperative 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 or to receive services. The Contractor further
agrees that every subcontract entered into for the performance of any
DCH-0665 FY2008 2107 (W) Page 8 of 16
contract or purchase order resulting herefrom will contain a provision
requiring non-discrimination in employment, service delivery and access,
as herein specified binding upon each subcontractor. This covenant is
required pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as
amended, MCL 37.2201 et seq., and the Persons with Disabilities Civil
Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and any
breach thereof may be regarded as a material breach of the contract or
purchase order.
2. Additionally, assurance is given to the Department that proactive efforts
will be made to identify and encourage the participation of minority
owned and women owned businesses, and businesses owned by
persons with disabilities in contract solicitations. The Contractor shall
incorporate language in all contracts awarded: (1) prohibiting
discrimination against minority owned and women owned businesses
and businesses owned by persons with disabilities in subcontracting; and
(2) making discrimination a material breach of contract.
D. Debarment and Suspension
Assurance is hereby given to the Department that the Contractor will comply
with Federal Regulation, 45 CFR Part 76 and certifies to the best of its
knowledge and belief that it, its employees and its subcontractors:
1. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any federal department or contractor;
2. Have not within a three-year period preceding this agreement been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the
offenses enumerated in section 2, and;
4. Have not within a three-year period preceding this agreement had one or
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,
OCH-0665 FY2008 2107 (W) Page 9 of 16
DCH-0665 FY2008 2/07 (W) Page 10 of 16
loan or loan guarantee. The law also applies to children's services that
are provided in indoor facilities that are constructed, operated, or
maintained with such federal funds. The law does not apply to children's
services provided in private residences; portions of facilities used for
inpatient drug or alcohol treatment; service providers whose sole source
of applicable federal funds is Medicare or Medicaid; or facilities where
Women, Infants, and Children (WIC) coupons are redeemed. Failure to
comply with the provisions of the law may result in the imposition of a
civil monetary penalty of up to $1,000 for each violation and/or the
imposition of an administrative compliance order on the responsible
entity. The Contractor also assures that this language will be included in
any subawards which contain provisions for children's services.
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:
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.
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 OMB Circular A-110 as amended, as
applicable, and that records sufficient to document the significant history of all
purchases are maintained for a minimum of three years after the end of the
agreement period.
Health Insurance Portabilit 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 H1PAA requirements in the terms and conditions of the
subcontract.
3. The Contractor must only use the protected health data and information
for the purposes of this agreement.
4. The Contractor must have written policies and procedures addressing
the use of protected health data and information that falls under the
HIPAA 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.
5. 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 HIPAA requirements of which the
Contractor becomes aware.
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6. Failure to comply with any of these contractual requirements may result
in the termination of this agreement in accordance with Part II, Section V.
Agreement Termination.
7. In accordance with HIPAA requirements, the Contractor is liable for any
claim, loss or damage relating to unauthorized use or disclosure of
protected health data and information received by the Contractor from
the Department or any other source.
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 the
advance exceed the amount required for 60 days operating expense.
Operating advances will be monitored and adjusted by the Department
according to total Department agreement amount.
2. The advance must be recorded as an account payable to the
Department in the 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
Department requires an annual confirmation of the outstanding operating
advance.
The Department may obtain the Michigan Department of Treasury's
assistance in collecting outstanding operating advances. The
Department will comply with the Michigan Department of Treasury's Due
Process procedures prior to forwarding claims to Treasury. Specific Due
Process procedures include the following:
a. Department offer of a hearing to dispute the debt, identifying the
time, place and date of such hearing.
b. A hearing by an impartial official.
c. An opportunity for the Contractor to examine department's
associated records.
DCH-0665 FY2008 2/07 (W) Page 12 of 16
d. An opportunity for the Contractor to present evidence in person or
in writing.
e. A hearing official with full authority to correct errors and make a
decision not to forward debt to Treasury.
f. Contractor representation by an attorney and presentation of
witnesses if necessary.
5. At the end of either the agreement period or Department's fiscal year,
whichever is first, the Contractor must respond to the Department's
request for confirmation of the operating advance. Failure to respond to
the confirmation request may result in the Department recovering all or
part of an outstanding operating advance.
B. Reimbursement Method
The Contractor will be reimbursed in accordance with the staffing grant
reimbursement method as follows:
Reimbursement from the Department is based on the 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 funds. 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.qovidocuments/DCH-0384-
Financial Status Report 8214 Tpdf and
• http://wvvw,michidan.gov/documents/DCH-0384-
Financial Status Report Instructions 8216 7.pdf.
Failure to meet financial reporting responsibilities as identified in this agreement
may result in withholding future payments.
DCH-0665 FY2008 2/07 (W) Page 13 of 16
D. Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration process to
receive all State of Michigan payments as Electronic Funds Transfers
(EFT)/Direct Deposits, as mandated by PA 533 of 2004. Vendor registration
information is available through the Department of Management and Budget's
web site:
• http://www.cpexpress.state.mi.us/
E. Final Obligations and Financial Status Report Reauirements
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.
2. 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. 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.
DCH-0665 FY2008 2/07 (W) Page 14 of 16
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. Any change proposed by the Contractor which would affect
the Department funding of any project, in whole or in part in Part I, Section 2.C. of the
agreement, must be submitted in writing to the Department for approval immediately
upon determining the need for such change.
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.
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
Page 15 of 16 DCH-0665 FY2008 2/07 (W)
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 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.
XI. State of Michigan Agreement
This is a State of Michigan Agreement and is governed by the laws of Michigan. Any
dispute arising as a result of this agreement shall be resolved in the State of Michigan.
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.
DCH-0665 FY2008 2107 (vI) Page 16 of 16
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 William Van Regenrnorter, Crime Victim
Rights Act, PA 87 of 1985 (hereafter referred to as "the Act").
B. It shall perform duties required to implement the Act.
C. It shall annually review its personnel and procedures to confirm its compliance
with the Act.
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, the 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.1
View at 100% or Larger
PROGRAM BUDGET SUMMARY
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM DATE PREPARED Page Of
CRIME VICTIM SERVICES COMMISSION July 30, 2007 1 2
CONTRACTOR NAME BUDGET PERIOD
Oakland County From 10/01/2007 To: 09/30/2008
MAILING ADDRESS (Number and Street) BUDGET AGREEMENT AMENDMENT #
1200 N. Telegraph LX] ORIGINAL [ ] AMENDMENT 0
CITY STATE , ZIP CODE FEDERAL ID NUMBER
Pontiac MI 48341 38-6004876 I
EXPENDITURE CATEGORY TOTAL BUDGET
1. SALARIES & WAGES
$184,730 5184,730
2_ FRINGE BENEFITS $ 0 SO
3. TRAVEL
$ 1,395 51,395
4. SUPPLIES & MATERIALS
$ 375 $375
. CONTRACTUAL (Subcontracts/Subrecipients) $ 0 $ 0
6. EQUIPMENT $ 0 $ 0
7. OTHER EXPENSES
$ 2,400 $ 2,400
8 TOTAL DIRECT EXPENDITURES SO
(Sum of Lines 1-7) $188,900 $188,900
. INDIRECT COSTS: Rate #1 %
INDIRECT COSTS: Rate #2 %
10. TOTAL EXPENDITURES $188,900 $188,900
SOURCE OF FUNDS
it FEES & COLLECTIONS $0 $0
12. STATE AGREEMENT $188,900 $188,900
13. LOCAL $ 0 $ 0
14. FEDERAL $0 $0
15. OTHER(S)
16. TOTAL FUNDING $188,900 $0 $0 $188,900
AUTHORITY: P.A. 368 of 1978 The Department of Community Health is an equal
COMPLETION: is Voluntary, but is required as a condition of funding opportunity employer, services and programs provider.
DCH-0385(E) (Rev 2-07) (W) Previous Edition Obsolete.
DCH-0665FY2007 5/06 (W)
PROGRAM BUDGET - COST DETAIL SCHEDULE CVAit:
B.2
View at 100% or Larger
Use WHOLE DOLLARS On!
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Page 201 2
PROGRAM BUDGET PERIOD DATE PREPARED
CRIME VICTIM SERVICES COMMISSION From: To:
10/01/2007 09/30/2008 July 30, 2007
CONTRACTOR NAME BUDGET AGREEMENT AMENDMENT #
Oakland County [x 1 ORIGINAL ( 1 AMENDMENT
1. SALARY & WAGES POSITIONSCOMMENTS TOTAL SALARY POSMON DESCRIPTION REQUIRED
Emily Hancook, Victim Advocate / Leader I $49,544
Node Kennedy, Victim Advocate 1 $45,062 _
Rachel McCay, Victim Advocate 1 $45,062
Diane McKee, victim advocate 1 $45,062
$ 0
$ 0
SO
$ CI
$ 0
$ 0
$ 0
$ 0
$ 0
$ 0
$ 0_
$ 0
1. TOTAL 4 $184,730
SALARIES &
WAGES:
2. FRINGE BENEFITS (Specify)
H FICA H LIFE INS. [ ] DENTAL INS. COMPOSITE RATE
[1 UNEMPLOY INS. [ ] VISION INS [x ] WORK COMP. AMOUNT %
[1 RETIREMENT [1 HEARING INS.
[] HOSPITAL INS. [ ] OTHER (specify) 2. TOTAL FRINGE BENEFITS: $ 0
3. TRAVEL (Specify if category exceeds 10% of Total Expenditures) $ 1,395 See Attached 3. TOTAL TRAVEL:
4. SUPPLIES & MATERIALS (Specify if category exceeds 10% of Total Expenditures)
See Attached 4. TOTAL SUPPLIES & MATERIALS: $ 375
5. CONTRACTUAL (Specify Subcontracts/Subrecipients)
Name Address Amount $ 0
See Attached 5. TOTAL CONTRACTUAL:
6. EQUIPMENT (Specify items)
$ 0 See Attached 6. TOTAL EQUIPMENT:
7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures) $ 0 I See Attached 'T. TOTAL OTHER:
8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) 8. TOTAL DIRECT EXPENDITURES: $188,900
9. INDIRECT COST CALCULATIONS Rate #1: Base $0 X Rate 0.0000 % Total $ 0
Rate #2: Base $0 X Rate 0.0000 .% Total $ 0
9. TOTAL INDIRECT EXPENDITURES: $ 1
10. TOTAL EXPENDITURES (Sum of lines 8-9) $1 88,900
AUTHORITY: P.A. 368 of 1978 The Department of Community Health is an equal opportunity employer, services
COMPLETION: Is Voluntary, but is required as a condition of funding , and programs provider.
DCH-0386 (E) (Rev 2-07) (W) Previous Edition Obsolete. Use Additional Sheets as Needed
DCH-0665FY2007 5/06 ON)
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 https://sigmaweb.mdch.state.mi.us . Reports should be completed
and submitted to the CVSC via the intemet. Due dates for submission of
Quarterly Financial & Program Report are as follows:
January 30, 2008
April 30, 2008
July 30, 2008
October 30, 2008
Program Report/Case Synopsis is to be submitted annually with the April-June
quarter on the form provided via https://signiaweb.mdch.state.mi.us .
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 the Department of Community
Health, Crime Victim Services Commission via the website,
https://sigmaweb.mdch.state.mi.us .*
*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 accuracy.
E. The Contractor shall permit the Department or its designee to visit and to make an
evaluation of the project as determined by the Contract Manager.
ATTACHMENT D
FINAL EXPENDITURE REPORT
A. 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 https://sig.maweb_mdch.state.mi.us. Final
Expenditure Reports should be completed and submitted to the Crime
Victim Services Commission via the intemet. The due date for
submission of the Final Expenditure Report is as follows:
November 30, 2008
B. Final Expenditure Reports not received by the due date may result in a
loss of funding requested per the report of total agreement expenditures
and may result in the potential reduction in subsequent year's agreement
amount.
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 trainings 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. Personnel supported under this agreement or performing work under this
agreement shall maintain a funding distribution tiniesheet as required in the
CVSC, January 2003, Program Instruction regarding timesheets.
G. Internal controls should be established to assure that positions funded through the
Crime Victim Rights grant dedicate the designated percentage of time that is
reflected in the contract to reimbursable Victim Rights activities. Victim Rights
duties and activities are those activities that are statutorily created and mandated
by the William Van Regenmorter, Crime Victim Rights Act, P.A. 87 of 1985 and
Article 1, Section 24 of the Michigan Constitution. Crime Victim Rights Funding
is not to be used to support routine Prosecutor responsibilities that existed prior to
the enactment of the William Van Regenmorter, Crime Victim Rights Act and
Article 1, section 24, of the Michigan Constitution. Some examples of
nonreimbursable routine Prosecutor Office activities are, witness management,
subpoenas, dockets, pleadings, warrants, restitution collection & management,
closing cases and police reports.
H. Crime Victim Rights Week Funding, as distributed by the Prosecuting Attorney's
Association of Michigan, is to be used to promote public awareness and
educational opportunities concerning Victim Rights within the communities that
we serve, key audience being, members of the community at large, schools and
community groups. Keepsakes, souvenirs or gifts purchased in commemoration
of Victim Rights Week shall be distributed in conjunction with planned
community events to the general public not to prosecutor staff or elected officials.
EMPLOYEE NAME PAY PERIOD ENDING DATE COUNTY
EMPLOYEE FUNDING DISTRIBUTION TIMESHEET
Contractors should maintain daily time and attendance records specifying time devoted to
the Crime Victims Rights funded project for all positions where funding or activities
other than state victims rights are involved in the employee's assigned tasks. This
includes fully and partially funded positions. This will permit the contractor to easily
document appropriate salary and wages expenditures for the CVSC.
DAILY HOURS BY FUNDING SOURCE
-
S DATE DATE DATE ' DATE DATE DATE DATE DATE DATE ' DATE DATE DATE DATE DATE 0
U
R
C
E
SUN MON TUE WED THU FRI SAT . SUN MON TUE WED TI-Hi FRI SAT
VICTIM
RIGHTS
-
....
DAILY
TOTAL
THE ENTRIES ON THIS REPORT ARE, TO THE BEST OF MY KNOWLEDGE, COMPLETE AND TRUE
EMPLOYEE SIGNATURE TITLE DATE
SUPERVISOR SIGNATURE TITLE DATE
August 30, 2007
FISCAL NOTE (MISC. #07197)
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2008 CRIME VICTIMS RIGHTS GRANT
ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above named Miscellaneous Resolution and finds:
1. The Prosecuting Attorney is requesting the acceptance of
the FY 2008 Crime Victim Rights Grant.
2. The grant award of $188,900 for the period of October 1,
2007 through Sentember 30, 2008 is the same as the FY
2007 award. There is no County match required.
3. The grant includes continued funding of salaries,
supplies and materials for three (3) Victim Advocate
positions and one (1) Victim Rights Leader position,
which are included in the County Executive Recommended
Budget. No budget amendment is required.
4. Acceptance of th7Ls grant does not obligate the County to
future commitments and continuation is contingent upon
future grant funding.
FINANCE COMMITTEE
Finance Committee vote:
Motion carried unanimously on a roll call vote with Woodward absent
Y APPROVE THE FOREGOING RESOLUTION
7 /if/07
Resolution #07197 August 30, 2007
Moved by Gosselin supported by Woodward the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Suarez, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 30, 2007,
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 30th day of August, 2007.
Ruff-LJOnsiCóunty Clerk