Loading...
HomeMy WebLinkAboutResolutions - 2009.09.24 - 9976September 24, 2009 MISCELLANEOUS RESOLUTION 109216 BY; Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY FISCAL YEAR 2010 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 $188900 for the period of October 1, 2009 througn SeptemPer 30, 2010: and WHEREAS this is the eighteenth (18th) year of grant acceptance for this program: and WHEREAS the Fiscal Year 2010 award is the same as the Fiscal Year 2009 award amount and there is no grant match required: and WHEREAS the purpose of this grant is to expand and ennance local services available to crime Irctims regarding their safety. rights. dignity. and healthy recovery; aria WHEREAS this grant incluoes continued funding of salaries, travet, supplies and materials for three (3', Victim Advocate positions and one (1) Victim Rights Leader; ano WHEREAS the grant budget references four (4) positions that are partially supported by this grant award: and WHEREAS the Victim's Right Coordinator has requested that the grant's budget summary reflect the four (4) positions (#05783, 05784. 05785, and 07183), which are partially reimbursed by the grant, and WHEREAS this yearly grant is a fixed amount. while the salaries and fringe benefits for the four positions have increased annually, which diminishes the recovery of costs: and WHEREAS the grant award has Peen 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, 2009 through September 30, 2010. BE IT FURTHER RESOLVED should funding be discontinued, all four (4) positions will be evaluated and an alternative funding source will need to be identified, otherwise the positions will need to be deleted, 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 with Runestad absent GRANT REVIEW SIGN OFF - Prosecuting Attorney GRANT NAME: FY 2010 Victim Rights FLTNDING AGENCY: Michigan Department of Community Health DEPARTMENT CONTACT PERSON: Meghan Tafel 975-9731 STATUS: Grant Acceptance DATE: September 8, 2009 Pursuant to Misc. Resolution #01320, please bc advised the captioned grant materials have completed internal grant review, Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the gut agrcement/contract, Finance Corranitte Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' coramittee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (8/24/2009) Department of Human Resources: Approved. — Cathy Sha:lal (9/8/2009) Risk Management and Safety: Approved. - Andrea Plotkowski (812412009) Corporation Counsel: After reviewing this grant contract, there appear to be no unresolved legal issues that require additional action. —Karen Agazinski (91412009) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related d.ocurnents for this grant. Michigan Crime Victim Rights Act (Act 87 of 1985) cl-Act-87-of-1985SzverRion--=oct Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and Budget Act - "P.A._ 533 cif 2004" h •://ww-kvae iislature . - A ta . • • - a• : •• 2003_,913, 0850 Federal Health Insurance Portability and Accountability Act of 1996 (IIMAA, Title II) http:Pwww erris.hhis.acy,11' Z,L1.,),.,0ertliaajaajaulill-74 A Inwriaaj4di Single Audit Act of 1984 (with amendments in 19%) littn://wv.w.whitetionsc.noviombifinanciarfin sine audit,html Contract #. Grant Agreement Setween Michigan Department of Community Health hereinafter referred to as the "Department" and Count( of Oakland - Prosecutor's Office 1200 N. Telegraph Pontiac MI 48341 Federal tat 38-6004875 hereinafter referred to as the 'Contractor for Crime Victim Rights Part I 1. Period of Agreement; This agreement shall commence on October 01. 2009 and continue through _a_tpjlinbeL3_0_,=. This agreement is in full force and effect for the period specified. 2. Program Budg_et and Agreement Amount A. Agreement Amount The total mount 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 Deparlsnent: Is $ 0 or approximately 0%; the Catalog of Federal Domestic Assistance (CFDA) number is N/A and the CFDA Title is NA. the federal agency name is N/A; the federal grant award number is N/A and the award phase is N/A. The federal program title is A. The grant agreement is designated as a: Z subrecipient relationship; or 1=1 vendor relationship. The grant agreement is designated as: E Research and development project; or El Not a research and development project. B. Eguioment 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 DCH-0B65 FY 20101fL1 (WI P91 al 17 1111 gzd abettaAdco_ckErauram Gl.Q9.24.12.d_cockb ("d OCH-0965 FY 2010 1/09 w) FagPt 2 cf 17 $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of title. C. Deviation Allowance A deviation allowance modifying an established budget category by $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 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. PerformancelProgress 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 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: Name, Location/Building Title Telephone No. E-mail 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 Dir, Dept. Management and Budget Name Title van peitl@oakgov.corn (248) 858-2163 E-Mail Address Telephone No. 10. Special Conditions: A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the 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 Signature Date For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Mary Jane Russell, Director, Bureau Of Budget And Audit Date DCH-0065 FY 2010 1/09 (w) Page 3 of 17 Version: Al Other Programs MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 09/10 AGREEMENT ADDENDUM A 1. This addendum modifies the following sections of Part Li, 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. Ill. Assurances A. Compliance with APPIicable 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. I. 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. 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 liabillty, 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. Version: NI Other Programs 2. Special Certification: The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 3. Sic:mature Section: For the COUNTY OF OAKLAND Name and Title Date Signature Date For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Mary Jane Russell, Interim 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 3ni 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. Proaram 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 FY2010 vas (w) Page 4 of 17 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, l'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 http://www.michiqan.q_evimdch by selecting Inside Community Health — MDCH Audit. DC114:1665 FYZO 10 1/1)9 me) Page 5 of 17 2. Due Date and Where to Send The required audit and any other required submissions (i.e. Corrective Action Plan and management letter with a response), or audit Status Notification Letter must be submitted to the Department within nine months after the end of the Contractor's fiscal year to: Michigan Department of Community Health Office of Audit Quality Assurance and Review Section P.O. Box 30479* Lansing, Michigan 48910-7979 *For Express Delivery: Capital Commons Center 400 S. Pine Street Lansing, Michigan 48933 Alternatives to paper filing may be viewed at htto://www.michioan.govirmich 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 PY2010 1109 (W4 Page 6 of 17 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. Subreci ir 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 OIVIB 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 will comply with Protection of Human Subjects Act, 45 CFR, Part 46. The Contractor agrees that prior to the initiation of the research, the Contractor will submit institutional Review Board (IRB) application material for all research involving human subjects, which is conducted in programs sponsored by the Department or in programs which receive funding from or through the State of Michigan, to the Department's 1RB for review and approval, or the IRB application and approval materials for acceptance of the review of another IRB. All such research must be approved by a federally assured IRB, but the Department's IRB can only accept the review and approval of another LICH-0665 FY2010 1,09 (W) Page 7 of 17 institution's IRB under a formally-approved interdepartmental agreement. The manner of the review will be agreed upon between the Department's IRB Chairperson and the Contractors IRB Chairperson or Executive Officer(s), II. Responsibilities - Department The Department in accordance with the general purposes and objectives of this agreement will: A Reimbursement Provide reimbursement in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Contractor. 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 teuns 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-Lobbvinci_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 104-209). 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 DCH-00155 FY2010 1X19 (W) Page Sot 17 agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrom will contain a provision requiring non-discrimination in employment, service delivery and access, as herein specified binding upon each subcontractor. This covenant is required pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and any breach thereof may be regarded as a material breach of the contract or purchase order. 2. The Contractor will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (Pl. 68-352) which prohibits discrimination on the basis of race, color or national origin; b. Title Ix of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; d. the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; e. the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-265), as amended, relating to nondiscrimination on the basis of drug abuse; f. the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 cid-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records Ii. any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, 1. the requirements of any other nondiscrimination statute(s) which may apply to the application. 3. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned and women owned businesses, and businesses owned by persons with disabilities in contract solicitations. The 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. g. FY2(200 ('N) Page 9 of 17 D. pebarment and Suspension Assurance is hereby given to the Department that the Contractor will comply with Federal Regulation, 2 CFR part 180 and certifies to the best of its knowledge and belief that it, its employees and its subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and; 4. Have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. E. Federal Reauirement: 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 6091 et seq, which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of 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 DC1-1-0605 FY2010 1/09 (W) Page 10 of 17 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 1501-1509 and 7324-7328, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act, Public Law 95-454, 42 USC 4728 - 4763. Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. - 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 Contractors 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 DCI-1-0665 FV2010 (W) Page 11 of 17 responsible federal contractor(s), or 2 CFR, Part 215 (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 Portability and Accountability Act To the extent that this act is pertinent to the services that the Agency provides to the Department under this agreement, the Agency assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following: 1. The Agency must not share any protected health data and information provided by the Department that falls within HIPAA requirements except as permitted or required by applicable law, or to a subcontractor as appropriate under this agreement. 2. The Agency will ensure that any subcontractor will have the same obligations as the Agency not to share any protected health data and information from the Department that falls under HIPAA requirements in the terms and conditions of the subcontract. 3. The Agency must only use the protected health data and information for the purposes of this agreement. 4. The Agency 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 Agency's employees. 5. The Agency must have a policy and procedure to immediately report to the Department any suspected or confirmed unauthorized use or disclosure of protected health data and information that falls under the HIPAA requirements of which the Agency becomes aware. The Agency will work with the Department to mitigate the breach, and will provide assurances to the Department of corrective actions to prevent further unauthorized uses or disclosures. 6. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Attachment A, Section III. Agreement Termination. 7. In accordance with HIPAA requirements, the Agency is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information by the Agency received from the Department or any other source. S. The agency will enter into a business associate agreement should the Department determine such an agreement is required under HIPAA. DCH-0665 FY2010 1109 (W) Page 12 of 17 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 80 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 Contractors financial records. The operating advance payable must remain in the Contractors 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. 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. DCH-0965 FY2010 1109 (A1) Page 13 of 17 E. 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 48910 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 gagrAM AynAndifilras rnaarcUpss 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: • )tin 1/www.rnichiaan.aovidocuments/DCH-0384- Financial Status Report 8214 7.pdf and • httn://www.michiaa n.acw/documents/DC1-1-0384- FinAnaiRI Status Report Instructions 8216 7.pdf. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. 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: • httolimichiean.govicpexpress il Obliaations and Financial Status Report Requirements 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 DCH-0665 FY2010 VA NO Page 14 of 17 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. Unobligated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. V. Agreement Termination The Department may cancel this agreement without further liability or penalty to the Department for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. C. This agreement may be terminated immediately if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section 111.D. of this agreement during the term of this agreement or any extension thereof. VI. Final ReportingUoon 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. DCH-D005 FY2O1ci 1/09 (W) Page 15 of 17 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 concluded jointly by the Contractor and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the State, its_ agencies (the Department) or their employees, respectively, as provided by statute or court decisions. X. Conflict of Interest The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 41700(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. DC1+0665 FY2o10 1/09 MI) Page 16 0117 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 permitted or required by applicable state or federal law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals. DCH-0665 Paolo iojw Page 17 01 17 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 Regenmorter, 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. 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 victims of crime or are used to supplant funding for activities historically funded locally or through other means, 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 Use WHOLE DOLLARS Only PROGRAM BUDGET SUMMARY MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM DATE PREPARED Page Of Crime Victim Services Comrrission 81412009 1 2 CONTRACTOR NAME BUDGET PERIOD County of Oakland - prosecutor's Office From: 10/01/2009 To: 09/30/2010 MAILING ADDRESS (Number and Street) BUDGET AGREEMENT i AMENDMENT # 1200 N. Telegraph IZORIGINAL 0 AMENDMENT II. 0 CiTY 1 STATE ZIP CODE FEDERAL ID NOW BER Pontiac , MI 48341 38-6004876 EXPENDITURE CATEGORY I TOTAL BUDGET 1. SALARIES & WAGES I 188368 158358 2. FRINGE BENEFITS 0 0 3. TRAVEL 330 330 4. SUPPLIES & MATERIALS 202 I 202 5. CONTRACTUAL (Subcontracts/Subreciplents) 0 0 _ 6. EQUIPMENT 0 0 7. OTHER EXPENSES 0 0 , _ 8. TOTAL DIRECT EXPENDITURES $188.900 $0 $0 S188.900— (Sum of Lines 1-7) . _ 9. INDIRECT COSTS: Rate #1 % I _ INDIRECT COSTS: Rate #2 % 10. TOTAL EXPENDITURES I $188,900 $0 1 $0 1 $188,900 SOURCE OF FUNDS 11. FEES & COLLECTIONS I I 12. STATE AGREEMENT I 18e000 1889130 13.. LOCAL I 14. FEDERAL 15. OTHER(S) 0 I _ 16. TOTAL FUNDING I $188,900 $0 $0 1 $188,900 AUTHORITY: P.A. 368 of 1978 The Department of Community Health is an equal COMPLETION: 18 Voluntary, but is required as a condition of funding opportunity employer, services and programs provider. DCH-0385 FY2010.doc 01/09 (W) Previous Editions Obsolete DATE PREPARED PROGRAM • • BUDGET PERIOD o $0 $ 0 10. TOTAL EXPENDITURES (Sum of lines 8-9) $1 88900 ATTACHMENT B.2 - PROGRAM BUDGET COST DETAIL SCHEDULE View at 100% or Larger mICHiGAN DE ,ikRTM,'INT OF COMMUNITY HEALTH Use WHOLE DOLLARS Only Page 2 01 2 4,14411U V 44414141 VW! V144,43 4.44.1.11.1141Z.14.J11 I VI 1J 411. I 14, 8,4/2009 . 10;01/2D02 09/30/2010 CONTRACTOR NAME , BUDGET AGREEMENT AMENDMENT # County of Oakland - Prosecutor's Office i E ORIGINAL Li AMENDMENT 1, SALARY & WAGES I COMMENTS POSITIONS TOTAL SALARY 1 POSITION DESCRIPTION , I REQUIRED Cyntiia HarnOly, Victim Advote 1 J 45948 1 45948 : Nicole Kennedy, Victim Advocate , , . Emily McIntyre Hancook, Victim Advocate I 50524 , i corinr , , 1 1 45948 , Diane McKee Stellini, Victim Services 1 : I, 0 I l__ I 0 1. TOTAL SALARIES & WAGES: 188368 2. FRINGE BENEFITS (Specify) 0 FICA ID LIFE NS. 0 DENTAL INS. COMPOSITE RATE U UNEMPLOY INS. U VISION INS. 0 WORK COMP. AMOUNT 0,00% , 0 RETIREMENT Li HEARING INS. i 0 HOSPITAL INS. 0 OTHER (specify) 2. TOTAL FRINGE BENEFITS: ; 3. TRAVEL (Specify if category exceeds 10% of Total Expenditures) 1 3 TOTAL TRAVEL: 5330 : 4. SUPPLIES & MATERIALS (Specify if category exceeds 10% of Total Expenditures) , 4. TOTAL SUPPLIES & MATERIALS: $202 5. CONTRACTUAL (Specify Subcontracts/Subrecipients) Name Address Amount 5. TOTAL CONTRACTUAL: $0 i ' 6. EQUIPMENT (Specify items) 1 i , 6. TOTAL EQUIPMENT: $0 I 7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures) $T71 7. TOTAL OTHER: 8, TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) 8. TOTAL DIRECT EXPENDITURES: $1 Easoo I 9 INDIRECT COST CALCULATIONS Rate #1: Base so X Rate 0.0000 % Total Rate #2: Base $0 X Rate 0.0000 % Total 9. TOTAL INDIRECT EXPENDITURES: DO-1-05313 'J'-Y201 13.dor; 1-09 (W) ATTACHMENT C PERFORMANCE/PROGRESS REPORT REOUIREMENTS Prosecutor — Victim Rights Programs 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 internet at httns://sigmaweb.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, 2010 April 30,2010 July 30,2010 October 30, 2010 Program Report/Case Synopsis is to be submitted annually with the April-June quarter on the form provided via httns://sigmaweb.rodchstate.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://siunawebandch.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://signiawcb.mdch ,state,rni.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, 2010 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 REOUIREMFMTS 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 timesheet as required in the CVSC, January 2003, Program Instruction regarding timesheets. G. Internal controls should be established to assure that positions funded through the Crime Victim Rights grant dedicate the designated percentage of time that is reflected in the contract to reimbursable Victim Rights activities. Victim Rights duties and activities are those activities that are statutorily created and mandated by the William Van Regeiamorter, Crime Victim Rights Act, P.A. 87 of 1985 and Article I, Section 24 of the Michigan Constitution. Crime Victim Rights Funding is not to be used to support routine Prosecutor responsibilities that existed prior to the enactment of the William Van Regenmorter, Crime Victim Rights Act and Article 1, section 24, of the Michigan Constitution. Some examples of nonreimbursable routine Prosecutor Office activities are, witness management, subpoenas, dockets, pleadings, warrants, restitution collection & management, closing cases and police reports. H. Crime Victim Rights Week Funding, as distributed by the Prosecuting Attorney's Association of Michigan, is to be used to promote public awareness and educational opportunities concerning Victim Rights within the communities that we serve, key audience being, members of the community at large, schools and community groups. Keepsakes, souvenirs or gifts purchased in commemoration of Victim Rights Week shall be distributed in conjunction with planned community events to the general public not to prosecutor staff or elected officials. FISCAL NOTE (MISC. 109216) BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2010 CRIME VICTIMS RIGHTS GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above named Miscellaneous Resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the Fiscal Year 2010 Crime Victim Rights Grant, 2. The grant award of $188,900 for the period of October 1, 2009 through September 30, 2010 is the same as the Fiscal Year 2009 award. There is no County match required. 3. The grant funds partially reimburse the costs of salaries, supplies and materials for three (3) Viam Advocate positions and one (1) Victim Rights Leader, whicn are included in the FY 2010 — 2012 Finance Committee Recommended Budget. 4. No budget amendment is recommended, FINANCE COMMITTEE Y APPROVE yi FOREGOING RESOLUTION Resolution #09216 September 24. 2009 Moved by Capello supported by Coleman the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Cabello, Coleman, CoWter, Douglas, Gershenson, Gingeli, Gosselin Greimel. Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward. Zack. Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of tne 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 September 24. 2009, with the original record thereof now remaining in my office. In Testimony Whereof. I nave hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 24th day of September, 2009. ede Ruth Johnson. County Clerk d ' .