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Home My WebLink AboutResolutions - 2010.10.06 - 10304October 6, 2010 MISCELLANEOUS RESOLUTION # 10255 BY: Public Services Committee. Jim Runestaa, Vice-Chairperson IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2011 DISTRICT COURT ADVOCACY PROGRAM - VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen WHEREAS the State of Michigan, Department of Community Health has awarded to the Oakland County Office of the Prosecuting Attorney Victims of Crime Act (VOCA) grant funding for the period of October 1. 2310 through September 3G. 2011; and WHEREAS this is the eleventh (11th) year of grant acceptance for this program: arid WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity. crisis intervention, court accompaniment, agency referrals. assistance with compensation. healthy recovery, and support services; and WHEREAS this grant funds one (1) Victim Advocate position who will provide on site services to crime victims in at 16 District Courts in Oakland County; and WHEREAS the Fiscal Year 2011 application amount of $83113 resulted in an award of $83.710; and WHEREAS the State contribution is $66,968 (80%). the County contribution is $16,742 (20%) in the form of $6,583 cash match ; and $10159 in-kind commitment; and WHEREAS the FY11 award amount of $83710 is a decrease of 51,984 from the FY10 award of $85,694; this award allows continuation of one (1) FTE SR grant funded Victim Advocate position (# 4010101- 09647) and the continuation of in-kind volunteer contribution; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance 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 $66.968 and County contribution of $16,742 (of which $6.583 is cash) for tne period of October 1, 2010 through September 30. 2011. BE IT FURTHER RESOLVED that one (1) FTE SR grant funded Victim Advocate position (# 4010101- 09647) be continued. BE IT FURTHER RESOLVED that in-kind volunteer Victim Advocate contribution be continued; and control:able operating expense is funded by the County cash match contribution. BE IT FURTHER RESOLVED that continuation of this program is contingent upon continued grant funding. 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. Chairperson. on behalf of the Public Services Committee, I move the aaoption of the foregoing resolution PUBLIC SERVICES COMMITTEE Public Services Committee Vote . Motion carried unanimously on a roll call vote with Middleton absent GRANT REVIEW SIGN OFF — Prosecuting Attorney GRANT NAME: FY 2011 District Court Advocacy Program (VOCA) FUNDING AGENCY: Michigan Department of Community Health - VOCA DEPARTMENT CONTACT PERSON: %fly McIntyre 8-1034 STATUS: Grant Acceptance DATE: September 15, 2010 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. • The captioned grant materials and want 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 (918/2010) Department of Human Resources: Approved. — Cathy Shallal (9/9/2010) Risk Management and Safety: Approved by Risk Management. I will defer to Corporation Counsel on the following: FY 10/11 Agreement Addendum A, Item LX, Liability, Paragraph A: The language states all liability, loss, or damage..... arising out of activities to be carried out pursuant to the obligations of the Contractor shall be the responsibility of the Contactor if the liability, loss, 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. Would sub-contractors be within the legal definition of 'agents'? We have had the language in other grant agreements modified to remove any responsibility for the actions of sub-contractors or anyone indirectly employed by the County. — Andrea Plotkowski (919/2010) Corporation Counsel: After reviewing this grant contract, there appear to be DO unresolved legal issues that require action or resolution at this time. — Karen P. Agacinski (9113/2.010) 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. The Public Health and Welfare — Crime Victims Fund (42 USC 106431) hrto://frwebvate5.access.zuo .aavicEl-binirFX7'uate.ceiMAISdocID=4264R643 19+0--14-0&W Algaction=re:trif.vp Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and Budget Act - "RA. 533 of 2004" 3ttD://www.1e'is1ature.!nLizDv/(uu3 1 x geltm ri 9 79 972 Hiurv4 q/rni kw c-nx 7na sT r — in-1CM lectR-Ohi e-e-tNa m Contract # CVA# 20687-12V09 Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and County of Oakland 1200 N. Telegraph Pontiac, Michigan 48341 Federal Lilt 38-6004876 hereinafter referred to as the mContractor for District Court Advocacy Program Part I 1. Period of Agreement: This agreement shall commence on 10/1/2010 and continue through 09/30/2011. This agreement is in full force and effect for the period specifimi. 2. Program Budget and Agreement Amount A. Agreement Amount The total amount of this agreement is $83,710. The Department under the terms of this agreement will provide funding not to exceed $66,968. The federal funding provided by the Department is $66,968 or approximately 80%; the Catalog of Federal Domestic Assistance (CFDA) number is 16.575 and the CFDA Title is Crime Victim Assistance; the federal agency name is U.S. Department of Justice; the federal grant award number is 2009-VA-GX-0078 and the award phase is 2009. The federal program title is Victim of Crime Act Victim Assistance Grant Program. The match requirement of this agreement is 20% of the total agreement amount. The Contractor's budgeted match amount is $16,742 and is identified on Attachment B, Budget pages. The grant agreement is designated as a: Subrecipient relationship; or E Vendor relationship The grant agreement is designated as: 0 Research and development project; or Not a research and development project B. Eg_uipment 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. X 1JCK-G6435 FY2010 ifOg Page 1 e 15 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 Departments 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 provide direct services to victims of crime. This agreement provides funding under the Victim of Crime Act Victim Assistance Grant Program; 42 U.S.C. Section 10601 et seq, P.L. 98-473. The purpose of this competitive grant is to expand and enhance local services available to crime victims. 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 is part of this agreement through reference 8. Administration of the Aqreement: The person acting for the Department in administering this agreement (hereinafter referred to as the Contract Manager) is Leslie O'Reilly, Program Specialist, Victim Assistance Grants, Crime Victim Services Commission, 320 S. Walnut, Lansing, Michigan 48913; telephone: (517) 334-9180; fax: (517) 334-9462; and oreilivImichigan.gov for Internet e-mail. DC1-1-0605 FY201C 1109 (W) Page 2 of 15 9. Contractor's Financial Contact for the Agreement: The person acting for the Contractor on the financial reporting for this agreement is Laurie Van Pelt, Director of Management and Budget, telephone: (248) 858-2163: and vanpeltioakoov.com for Internet e-mail. 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. it 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 pease print) Title Signature Date For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Mary Jane Russell, Deputy Director. Operations Administration Date CPCH-0635 FY2010 1/09 (IN) Page 3 a 15 Version: All Other Prograr.s MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 10/11 AGREEMENT ADDENDUM A 1. This addendum modifies the following sections of Part 11, General Provisions: Part 11 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. ComDliance 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: 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. Version: Al Other Programs 2. Special Certification: The individual or officer sirtng=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 Mary Jane Russell, 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 the Contractor exclusively develops books, films, or other such copyrightabie materials through activities supported by this agreement, 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 materials copyrighted by the Contractor 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. 4, The Contractor shall notify the Department's Grants and Purchasing division 30 days prior to applying to register a copyright with the U.S. Copyright Office. B. Fees The purpose of the VOCA victim assistance grant program is to provide services to all crime victims regardless of their ability to pay for services rendered or the availability of insurance or other third-party payment resources. Contractor must provide services to crime victims, at no charge, through the VOCA funded project. The Contractor is prohibited from charging a crime victim or third party payer for any services supported with VOCA funds. C. Prooram 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. LICH-005 PC2911 5110(W) Firm Cf. 15 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 ten (10) years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved. F. Authorized Access Permit upon reasonable notification and at reasonable times, access by authorized representatives of the Department, Federal Grantor Agency, Comptroller General of the United States and State Auditor General, or any of their duly authorized representatives, to records, files and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. G. Audits 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 a Single Audit to the Department, regardless of the amount of funding received from the Department The Single Audit must comply with the requirements of 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- DCH-06,55 PY201! CA,, Page 5 of 15 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;iiwww.michician.qovimdch by selecting Inside Community Health — MDCH Audit. 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 *For Regular Mail and Express Delivery: Crime Victim Services Commission 1033 S. Washington St. Lansing, Michigan 48910 (517) 334-9180 Alternatives to paper filing may be viewed at httpl/www.michioan.crovimdch by selecting inside Community Health — MDCN Audit. mai-ta665 Ff11.011 MA I. \11") Page 6 ef 13 3. Penalty a. Delinquent Simi& 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 Contractors 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 years 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 years grant funding until the Audit Status Notification Letter is received. 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). pc$4.13605 PY1Z11 5111) Pmc 7 irr 15 Notification of Modifications Provide timely notification to the Department, in writing, or any action by its governing board or any other finding 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 dateltime 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 IRB for review and approval, or the IRS application and approval materials for acceptance of the review of another FRB. All such research must be approved by a federally assured IRB, but the Deparlinent[s IRS can only accept the review and approval of another 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 Contractor's 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, DC'H-0605 PY7011 5110 ("W) IvyI of 15 III. Assurances The following assurances are hereby given to the Department: A. Compliance with A .licable 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-Lobbying Act The Contractor will comply Mtn the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 at 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 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-Larson Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq., and the Persons with disabilities Civil Rights Act, 197376 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 (Pt 88-352) 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. §§1681-1633, 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; Dcli-o6t5 PC201: 5iIC fix) Pip 2 of 1! 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. 92-256), 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 (Pl. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records ft any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, i. 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. D. Debarment and Suspension Assurance is hereby given to the Department that the Contractor will comply with Federal Regulation, 2CFR 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 (federai, 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. Mil-G.565 FY2011 Sir° (ori Page 14 of 5 E. Federal Requirement:Pro-Children Act 1. Assurance is herby 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 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 ,cacilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children's services provided in Ovate 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 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. [-latch 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 95-464, 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 intiation 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. DC11,4•5435 FY:011 SI I.Cr Page 11 or 15 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 the OMB Circular A-102 as revised, implemented through applicable portions of the associated 'Common rule" as promulgated by 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 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 as permitted or required by applicable law; or to a subcontractor as appropriate under this agreement. 2. The Contractor will ensure that any subcontractor will have the same obligations as the Contractor 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 Contractor must only use the protected health data and information for tie 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 HIPM regulations. These policies and procedures must include restricting access to the protected health data and information by the Contractors employees. DC11.0665 FY201 Z !!10 Or Page 12 of 15 5. The Contractor 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 tat falls under the HIFAA requirements of which the Contractor becomes aware. The Contractor 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 Part Section V. Agreement Termination. 7. In accordance with HIPAA requirements. the Contractor is liable for aby claim, loss or damage relating to unauthorized use or disclosure of protected health data and information by the Contractor received from the Department or any other source. 8. The Contractor will enter into a buiii es should the Department determine such an agreement is required under HIPAA. IV. Financial Requirements A. Operating advance An operating advance may not be requested by the Contractor. 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 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. reaardless of the source of fimrf4. The FSR form and instructions for completing the FSR form are available through the Department's web site: htt SiiCVSC.S1 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: • http://www,cpexpress.state.mi.usi DUP514415 R2V1 511'3 (W, Pap 11 gr DCH4663 ri'24 I I 31/13 f',V) Page 14 of IS E. Final Obligations and Financial Status Renort Reatiirpruata Fiscal Year Expenditure and Proaram Report Fiscal Year Expenditure and Program Report is due forty-five (45) days following the end of the fiscal year or agreement period. Fiscal Year Expenditure and Program Report not received by the due date 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 III.D.of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial, performance and other reports required as a condition of this agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII. Severability If any provision of this agreement or any provision of any document attached to or incorporated oy 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, cots, 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 Pe responsibility of the Contractor, and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the Department) or employees as provided by statute or court decisions. - C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the State, its agencies (the Department) or their employees, respectively, as proved 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. rvICL 15.341 et seq, MSA 4.1700 (71) at seq. Xl. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. XII. Confidentiality Both the Department and the Contractor shall assure that medical services to and information contaired 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-0645 rt'201: 5/Z0 (W) Page :5 of IS ATTACHMENT A STATEMENT OF WORK FY 2010 2011 ATTACHMENT A Subrecipient relationship; or Ei Vendor relationship. The grant agreement is designated as: Research and development project; or E Not a research and deveiopment project. Statement of Work ose and Activities A. The purpose of Victims of Crime Act Victim Assistance grants is to expand and enhance local services available to crime victims. The safety, rights, dignity, and healthy recovery of victims of crime are the dominant focus of this effort, B. The Contractor will carry out the funded project as described in the approved application and as provided for by resources in the approved budget detail. The provision of direct services to crime victims in the community, as detailed in the approved position descriptions, project resources, and analysis of project activities and shall be the sole or primary activity undertaken by the Contractor pursuant to this agreement. C. Program guidelines distributed with the application for funding must be maintained by the Contractor as authoritative reference for all duties arid activities directly funded by and/or associated with a project funded through this agreement. Questions concerning guideline requirements and interpretation shall be determined by the Contract Manager. ATTACHMENT B BUDGET DETAIL FY 2010 -2011 Project Director: Ms. Emily McIntyre 1200 N Telegraph Rd Pontiac, Michigan 48341 (248) 858-0707 mcintyreern@oakgov corn Financial Director Ms. 1,aurie Van Pelt 1200 N. Telegrach poniiac, Michigan 48341 Contact Person: Ms. Karen Jones, Supervisor Human Resources - EEO Officer 1200 N, Telegraph Pontlac, Michigan 48341 248-858-5351 jonesk@oakgov.ccm ATTACHMENT B Michigan Department of Community Health Victims of crime Act Victim Assistance Grant Program Budget Summary X Original Eudget . GRANTEE CVA PROJECT NUMBER County of Oakland 20587-12V09 IMPLEMENTING AGENCY CVA PROJECT PERIOD Office of the Prosecting Attorney 10/1/2010— 09/30/2011 FEDERAL EMPLOYER IDENTIFICATION NUMBER FISCAL YEAR i 38-6004875 i 2011 PROGRAM AREA Victims of Crime PROJECT TITLE .. District Court Advocacy Program I BUDGET SUMMARY SOURCE OF FUNDS ! BUDGET , VOCA Federal Local Match Total Amount SOURCE AMOUNT PERCENTAGE CATEGORY AMOUNT i AMOUNT SALARIES AND $43,701 S 0 $43.701 FEDERAL $66,965 80% WAGES VOLUNTEERS $10,159 $10,159 GRANTEE 1 $16,742 20% FRINGE BENEFITS $21,777 . $ 3,343 $25.120 TOTAL $83,710 100% TRAVEL $ 1,250 $ 3,00C 64,250 SUPPLIES AND $ 0 $ 0 $0 MATERIALS . - CONTRACTUAL $ 0 $ 0 $0 EQUIPMENT $ 0 $ 0 $0 OTHER EXPENSES $ 240 $ 240 5480 TOTAL $65,968 $16,742 $83.710 Cty Board Grantee Contract Officials: Aulhorizifig Official . Mr. Bill Bullard, Chair-Oakland Commissioner VOCA Victim Assistance Grant Contacts: Leslie O'Reilly. Program Specialist (Contract Manager) of Questions concerning VC/CA grant eligibility & allowability, grant acplications, awards, denials, project implementation, guideline requirements, contract adjustments, grant compliance reviews and other victim service needs. PHONE: (517) 334-9160 E-MAIL: OREILLYL@michigan.gov FAX: (517) 334-9942 Alexandra Cruz, VOCA Grants Tecnnic1an Ouesticns about IntelliGrants grants management system. PHONE: (517) 334-9942 E-MAIL: CruzA2@mictigar.gov Sherri Buck, Accounting Technician Questions concerning grant payments and audit verification requests PHONE: (517) 334-9945 E-MAIL: SC.;11NEIDERL@mic1igan.gov John Hubinger, Director Crime Victim Services Commission Lewis Cass Building 320 S. Walnut Street Lansing, MI 45913 PHONE (517) 373-7373 By authority of trie Victims ot Crime Act of 1084; Page 1 of 17 CFDA#16-575 CrIme Victim Ass:stance. U.S. Department of Justioa ATTACHMENT B.1 View at WO% or Larger Uae WHOLE DOLLARS Only PROGRAM BUDGET SUMMARY MICHIGAN DEPARTMENT OF CommuNrrY HEALTH PROGRAM DATE PREPARED 1 Page 1 i Of 2 District Court Advocacy Program 9/3/10 . CONTRACTOR NAME BUDGET PERIOD County of Oakland From: 10/112010 To: 09/30/2011 MAILING ADDRESS (Number and Street) AMENDMENT # BUDGET AGREEMENT 1200 N. Telegraph 1 ORIGINAL 1 AMENDMENT ; , CITY I STATE ZIP CODE FEDERAL ID NUMBER Pontiac 1 Michigar 48341 38-8004876 EXPENDITURE CATEGORY TOTAL BUDGET , 1. SALARIES & WAGES $43701 1.b. VOLUNTEERS $10.159 , 510.159 2. FRINGE BENEFITS 526.120 525,120 3. TRAVEL $ 4,250 $ 4,250 , 4. SUPPLIES & MATERIALS S 0 r 5. CONTRACTUAL (Suocontracts/Sub recipients) $ 0 ! 5 0 6. EQUIPMENT $ 0 , $ 0 483 $ 480 . i 1 8. TOTAL DIRECT EXPENDITURES $83,710 $83,710 (sum of Lines 1-7) 9. INDIRECT COSTS Rate #1 % INDIRECT COSTS: Rate #2 % -..,- 10. TOTAL EXPENDITURES $83,710 $0 $0 ' $83,710 , SOURCE OF FUNDS 11. FEES & COLLECTIONS , , 12, STATE AGREEMENT $65,958 ' I 1 $66.968 13. LOCAL $ 6,583 I $ 6,583 14. FEDERAL 1 $10,159 510.159 _ , 16. TOTAL FUNDING $83,710 so! I $0 $83,710 AUTHORITY: P.A. 368 of 1078 The Department of Community Health is an ecual COMPLETION: Is Voluntary, but is required as a condition of funding 1 opportunity employer, services arid programs provider. i DCH-0385 FY08-09.o•oc 04/08 (W) Previous Edidorm Obsolete $83,710 ; GIELICILLLIEI ATTACHMENT 8.2 PROGRAM BUDGET - COST DETAIL SCHEDULE View at 100% or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Page 2 of 2 PROGRAM ; _iw=EmOD DATE PREPARED District Court Advocacy Program From: To: 10/U2010 09/30/2011 08/12J2010 CONTRACTOR NAME- BUDGET AGREEMENT ' Amendment # County of Oakland MORIGJNAL DANIENDMENT 1. SALARY & WAGES POSITIONS OT COMMENTS SALA POSITION DESCRIPTION REQUIRED T AL RY Jennifer DeMeriti, District Coca Advocate $43 701 Victim Advocate_ .2 $10,159 1. TOTAL SALARIES & WAGES: 1.28 $53,860 ._ 2. FRINGE BENEFITS (Specify) FICA XLIFE INS. XDENTAL INS. COMPOSITE RATE XLMEMPLOY INS. X VISION INS. X WORK COMP. AMOUNT 5743% XRETIREMENT HEARING INS. HOSPITAL INS. XOTI-IER (scecifyLial,fi hørf 2. TOTAL FRINGE BENEFITS: S25.120 3, TRAVEL (Specify if category exceeds 10% of Total Expenditures) 3 TOTAL TRAVEL; $4.251] 4. SUPPUES & MATERIALS (Specify If category exceeds 10% of Total Expenditures) 4. TOTAL SUPPLIES & MATFIVALS. 51] 5. CONTRACTUAL (Specify Subcontracts/Subreciplents) Name Address Amount 1 6. TOTAL CONTRACTUAL! 6. EQUIPMENT (Specify items) __ 6. TOTAL EQUIPMENT; SO 7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures) ' 7. TOTAL OTHER: $480 B. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) B. TOTAL DIRECT EXPENDITURES: $83,710 9. INDIRECT COST CALCULATIONS Rate #1: Base SO X Rate °moo % $ 0 Total $ 0 Rate #2: Base $6 X Rate 0.0000 % Total $ 0 ' 9. TOTAL INDIRECT EXPENDITURES: AUTHORITY: PA. 388 of 1878 ComPLETION: Is ..== ty_mqi1 rlifirnfvf ••-• ••-• A., "Inn • _ • The Departrpent of Commuurty Healt4 i6 an equal Opportunity employer, sernars and vairarnis voNe- TUCH-0386 -rint”."n111nrurreaulaiwgil... DCH-0366 FYCEI/0 doc !At; NV) ATTACHMENT C PERFORMANCE AND PROGRESS REPORT REQUIREMENTS FY 2010 2011 ATTACHMENT C PERFORMANCE / PROGRESS REPORT REQUiREMENTS FY 10/1/2010 — 9/30/2011 A. The Contractor shall submit the foilowing reports on the following dates: October 30, 2010 Constitutional Victims Rights Notice due November 30, 2010 October Monthly Financial Report December 30, 2010 November Monthly Financial Report January 20, 2011 1 6t Quarterly Program Report (10/1/2010- 12131/2010) January 30, 2011 December Monthly Financial Report February 28, 2011 January Monthly Financial Report March 30, 2011 February Monthly Financial Report April 20, 2011 2111 Quarterly Program Report (1/1/2011- 3/31/2011) April 30, 2011 March Monthly Financial Report May 1, 2011 Contractor shall submit final Agreement Amendment Request. Contractor required to advise Commission if funds may not be used during fiscal year (10/1/2010- 9/30/2011), May 30, 2011 April Monthly Financial Report June 30, 2011 May Monthly Financial Report July 20, 2011 3rd Quarterly Program Report (4/1/2011 - 6/30/2011) July 30, 2011 June Monthly Financial Report August 30, 2011 July Monthly Financial Report September 30, 2011 August Monthly Financial Report October 20, 2011 4th Quarterly Program Report (711/2011 - 9/3012011) October 30, 2011 September Monthly Financial Report November 15, 2011 FY 2009-10 Expenditure & Program Report (10(1/2010 - 9/30/2011) B. Any such other information as specified in the Statement of Work, 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 Contract Manager at URL: https://cvsc.siornaweb2.inteiligrants.corn/ 0. The Contract Manager shall evaluate the reports submitted as described in Attachment C, Items A, and B. for their completeness and adequacy. E. The Contract Manager shall permit the Department or its designee to v:sit and to make an evaluation of the project as determined by Contract Manager. ATTACHMENT FISCAL YEAR EXPENDITURE AND PROGRAM REPORT FY 2010 2011 DUE DATE: NOVEMBER 15, 2011 Contractor shall enter Fiscal Year Expenditure and Program Report at URL: https://cvsc.sigmeweb2.intelligrants.corn ATTACHMENT E VICTIMS OF CRIME ACT VICTIM ASSISTANCE GRANT ASSURANCES FY 2010 2011 ATTACHMENT E VICTIMS OF CRIME ACT & VICTIMS ASSISTANCE GRANT ASSURANCES Responsibilities - Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Crime Victim Rights Notice Provide notice of available project services with the following information to all law enforcement and prosecuting attorneys with the service area of the funded project within thirty days (30) days of the project start date. This notice is provided so that those with statutory authority under the Crime Victim Rights Act have information on available services within their community. This notice should contain: 1. A brief project description containing target clientele (victim groups), available service, hours of service, and area of services. 2. A telephone number to access services. 1 The name of the project director. 4. Funding acknowledgment for the project. Forward a copy of this notice and distribution list within thirty (30) days of the project start date to the Contract Manager. B. Funding Acknowledgement Assure that appropriate funding acknowledgment is included in all materials publicizing or resulting from award activities, in press releases, program brochures, annual reports and other information about the project. The funding agency for your victim assistance project is the Michigan Crime Victim Services Commission, not the federal agency. The source of funds is the Crime Victims Fund, established by the Victims of Crime Act of 1984. Acknowledgment of support should be in the following format: This project (agreement project title) was supported by Crime Victim Assistance Grant Award CVA# awarded to the (applicant agency) by the Michigan Crime Victim Services Commission, Michigan Department of Community Health. The grant award of $ (80% of the project), comes from the Federal Crime Victims Fund, established by the Victims of Crime Act of 1984. The (applicant agency) provides the required match by [the use of volunteers (# of volunteer hours valued at $) or (identify source of cash match)] 1 of 11 If a publication is provided as part of this award, the publication shall include the following statement: "The opinions, findings, and conclusions or recommendations expressed in this publication/program exhibition are those of the author(s) and do not necessarily reflect the view of the U.S. Department of Justice or the Michigan Department of Community Health.' C. Program Operation 1. Provide the necessary administrative, professional, and technical staff for operation of the program. The project must be operational within sixty (60) days of the original starting date of the agreement period. The Contractor must submit documentation to the Crime Victim Services Commission explaining the reasons for delay, the steps taken to initiate the project, and the expected starting date. If the project is not operational within ninety (90) days of the original starting date of the agreement period, the Contractor must submit further documentation explaining the delay. The Crime Victim Services Commission may at this time cancel the project or extend the implementation date. 2. Assist crime victims in seeking available crime victim compensation benefits. 3. Incorporate the use of volunteers unless the Department determines compelling reasons exist to waive this requirement 4. The Contractor, if a domestic violence shelter program funded by the Domestic Violence Prevention and Treatment Board (DVPTB), must maintain compliance with the DVPTB comprehensive services grant. D. Record MaintenancefRetention 1. Complete and keep on file as appropriate the Immigration and Naturalization Service Employment Eligibility Form (1-9). This form is to be used by the recipient of Federal funds to verify that persons employed by the applicant are eligible to work in the United States. 2. Contractor must maintain appropriate programmatic and financial records that fully disclose the amount and disposition of VOCA funds received. This includes financial documentation for disbursements; daily time and attendance records specifying time devoted to allowable VOCA victim services; client files; the portion of the project supplied by other sources of revenue; job descriptions; contracts for services; and other records which facilitate an effective audit, 3. Contractor must maintain accounting records including cost accounting records that are supported by source documentation. The retention requirement extends to books of original entry, source documents, supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, cancelled checks, and related documents and records. Source documents include copies of all awards, applications, and required recipient financial and narrative reports. Personnel and payroll records shall include the time and attendance reports for all individuals 2 of 11 reimbursed under the award, whether they are employed full-time or part- time. Time and effort reports are also required for consultants. Records from different awards must be separately identified and maintained so that information desired may be readily located. Contractors are obligated to protect records adequately against fire or other damage. When records are stored away from Contractor's principal office, a written index of the location of records stored should be on hand and ready access should be assured. 4. Contractor assures that information will be collected and maintained by race, sex, national origin, age, and disability where such information is voluntarily furnished by those receiving assistance. Collection of this information is for statistical purposes only. This information is protected by federal privacy laws and state confidentiality requirements. 5. 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 ten (10) years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved, •E. 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. However, only under extraordinary and rare circumstance would such access include true name of victims of crime. When access to the true name of victims of crime is necessary, appropriate steps to protect this sensitive information must and wilt be taken by the recipient and awarding agency. Any such access, other than under court order or subpoena pursuant to a bona fide confidential investigation, must be approved by both the OJP program office head and the Comptroller. F. Fees The purpose of the VOCA victim assistance grant program is to provide services to all crime victims regardless of their ability to pay for services rendered or the availability of insurance or other third-party payment resources. Contractors must provide services to crime victims, at no charge, through the VOCA funded project. The Contractor is prohibited from charging a crime victim or third party payer for any services supported with VOCA funds. 3 of 11 IL Responsibilities - Department The Department in accordance with the general purposes and objectives of this agreement will: A. Amendment Consideration Contract Manager will review for consideration submitted amendments on a regular basis but no less than quarterly. Departmental action will only occur for those amendments providing complete information for review and consideration. Consideration for those amendments requiring further information will be delayed until complete information is provided. 171. Report Forms Recommendations for new report forms, reporting instructions and reporting formats should be forwarded to Contract Manager for review. C. Monitor Compliance Contract Manager will monitor compliance with applicable provisions contained in federal grant awards and their attendant rules, regulations and requirements pertaining to program elements covered by this agreement to determine whether Contractor is meeting its responsibilities under the terms of this agreement. D. Program Guidelines Contract Manager will provide guidelines outlining data required for evaluation and proper reporting of financial and program activity information. Ill. Assurances The following assurances are hereby given to the Department: A. Compliance with Applicable Laws 1. The Contractor will comply with applicable provisions of VOCA, the VOCA Program Guidelines, and the requirements of the OJP Financial Guide, effective edition, 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. 2. in the event of a formal allegation or finding of fraud, waste, and/or abuse of VOCA funds, the Contractor is required to immediately notify the Crime Victim Services Commission of said finding. The Contractor is also obliged to apprise the Crime Victim Services Commission of the status of any on- going investigations at the agency, 3. The Contractor agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (0JP) Financial Guide. 4 of II 4. The contractor agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 5. Contractor understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 6. Contractor must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - Mail: Office of the Inspector General U.S. Department of Justice Investigations Divisions 950 Pennsylvania Avenue, NEW. Room 4706 Washington, DC 20530 e-mail: oicahotlineusdoi.qov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www, uscloi. goy/6g 7. Contractor understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 8. The Contractor agrees to comply with any additional requirements that may be imposed during the grant performance period if the CVSC determines that the Contractor is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. 9. The Grantee authorizes Office for Victims of Crime (OVC) and/or the Office of the Chief Financial Officer (0CF0), and its representatives, access to and the right to examine all records, books, paper or documents related to the VOCA grant. The Contractor will further ensure that Contractor and subrecipients will authorize representative of OVC and OCF0 access to and the right to examine all records, books, paper or documents related to the VOCA grant. 5 of 11 10. The Contractor assures that the Contractor and its subreciplents will comply with the conditions of the Victims of Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 42 U.S.C. 10603(a)(2) and (b)(1) and (2) (and the applicable program guidelines and regulations), as required. Specifically, the Contractor certifies that they will: a) be an eligible victim assistance organizations, 42 U.S.C. 10603(a)(2). b) not use VOCA Grant funds to supplant State and local public funds that would otherwise be available for crime victim assistance, 42 U.S.C. 10603(a)(2); and 11. The Contractor understands that all OJP awards are subject to the National Environmental Policy act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The Contractor agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if the Contractor plans to use VOCA funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The Contractor also agrees to comply with all Federal. State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. 12. The Contractor agrees to provide information on the activities supported and an assessment of the effects that the VOCA victim assistance funds have had on services to crime victims within the State for a one year period October 1, through September 30 (The Federal Fiscal Year). 13. The VOCA Victim Assistance grant provides funds from the Victims of Crime Act of 1984 (VOCA) to enhance crime victim services in the State. These funds are awarded by the State to local community-based organizations that provide direct services to crime victims. None of the following activities will be conducted either under the OJP federal action or a related third party action: 1. New construction 2. Any renovation or remodeling of a property either (a) listed on or eligible for fisting on the National Register of Historical Places or (b) located within a 100-year fioodplain, 3. A renovation which will change the basic prior use of a facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph 4. (b) of Appendix ID to Part 61 of the Code of Federal Regulations. Additionally, the proposed action neither a phase or a segment of a project which when viewed its entirety woid not meet the criteria for a categorical exclusion, B. Non-Discrimination 1. The Contractor must inform the Crime Victim Services Commission in writing if any federal or state court or administrative agency makes a finding of discrimination after a due process hearing of discrimination taken against the Contractor on the grounds of race, religion, national origin, sex, or 6 01'11 disability against a recipient of VOCA victim assistance funds. A copy of the findings will be forwarded to the Crime Victim 5er/ices Commission and the Office of Crime Rights Compliance at the Office of Justice Programs at the Department of Justice. 2. The Contractor acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if Contractor is required to submit one pursuant to 29 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the Contractor is in compliance. C. Providing Services to Limited English Proficiency (LEM Individual In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, Contractors if Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that Contractors have in providing language services to LEP individuals, please see the website at htto://www.lep.cov. D. Submitting Findings of Discrimination 1. In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against the Contractor after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to US Department of Justice Office of Civil Rights for review. 2. The Contractor assures that in the event that a Federal or State court or Federal or State administrative agency makes a finding o f discrimination after a due process hearing on the ground of race, religion, national origin, sex, or disability against a Contractor of victim assistance formula funds under this award, the Contractor will forward a copy of the findings to the Office for Civil Rights of OJP. E. Subcontracts Contractor will submit a copy of the executed subcontract to the Contract Manager within thirty (30) days of execution. F. Demographic Data The Contractor agrees that information on race, sex, national origin, age, and disability of Contractors of assistance will be collected and maintained, where such information voluntarily furnished by those receiving assistance. IV. Financial Requirements A. Indemnification Prior to the implementation of the agreement, employees of the non-profit organizations who handle Victims of Crime Act monies/match or certify Victims of Crime Act expenses will have Fidelity bonds [position schedule acceptable] in an amount equal to, or more than, the total dollars awarded under this 7 of 11 Agreement, A Fidelity bond is required if employees are not currently covered by an existing agency blanket coverage. B. Operating_Advance An operating advance may not be requested by the Contractor. C. Financial Management Systems The Contractor is required to establish and maintain accounting records and accurately account for funds awarded. Contractor must maintain an adequate system of accounting and internal controls, System must present and classify costs, as required for budgetary and evaluation purposes. Provides cost and property control to ensure optimal use of funds and controls/funds/resources to assure conformance with general or special conditions. An adequate accounting system meets requirements for periodic reporting. Provides financial data for planning, control, measurement, and evaluation of direct and indirect costs. A financial management system must be able to record and report on the Receipt, Obligation, and Expenditure of grant funds. Accounting procedures shall provide for accurate and timely recording or receipt of funds by source, or expenditures made from such funds, and unexpended balances. Controls must be adequate to ensure that expenditures charged to Agreement activities are for allowable purposes and documentation is readily available to verify that such charges are accurate. The Contractor will maintain an equipment inventory and records to include copies of purchase orders and invoices for purchase and rental of property approved by CVSC as allowable costs. The Contractor will promptly notify CVSC when property approved under Agreement can no longer be reasonably be used for purposes stated in Agreement. The Contractor will provide an additional supplemental VOCA Schedule in their audit report. This schedule should include all required grant revenue by source, direct and indirect expenses, matching funds, and in-kind contributions related to the VOCA Grant program. D. Financial Status Report Submission 1. Financial Status Reports (FSRs) shall be prepared based upon actual expenditures. 2. Fringe benefits reported on the FSR or Fiscal Year Expenditure Report are actual employer costs for VOCA and match funded staff only. 3. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. 4. No agreement funds will be used for indirect or administrative costs. 5. Victim assistance funds shall be used only to employ staff and cover costs to provide services to victims of crime. 6. Crime victim assistance grant funds made available under the Victims of Crime Act will not be used to supplant state and local funds that would otherwise be available for crime victim assistance. 7. FSRs shall be prepared and submitted as follows: 8 of 11 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. The FSR form and instructions for completing the FSR form are available through the Department's web site: • https://cvsc.siqmaweb2jrnejjaants.com Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments, E. Reimbursement Method The Contractor will be reimbursed in accordance with the staffing grant reimbursement mechanism as follows Reimbursement from the Department based on the understanding that Department funds will be paid up to the total Department allocation as agreed to in the approved budget. Department funds are first source after the application of fees and earmarked sources unless a specific local match condition exists. Reimbursement Mechaniim 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/ .G. Final Obligations and Fiscal Year Exnnditur nd Prnnrm Prpr1 Fiscal Year Expenditure and Program Report is due forty-five (45) days following the end of the fiscal year or agreement period. Fiscal Year Expenditure arid Program Report is a report of the final actual expenditures of this project and the final report and evaluation of program activities. Failure to meet this reporting deadline will impact future funding from the Department. Fiscal Year Expenditure and Program Report not received by the due date may result in the potential reduction in the subsequent year's agreement amount. Unobligated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department along with the Fiscal Year Expenditure and Program Report. If an audit disallows costs, the Contractor will forward the amount of the disallowed costs to the Crime Victim Services Commission within thirty (30) days of such notification. Failure to do so will result in such deficiency being reported to the Department of Treasury and may be cause for cancellation of current agreement. V. Amendments A. The Contractor assures that it will notify the Crime Victim Services Commission of any changes within 30 days by on-line Agreement Amendment, The Agreement Amendment requires that the Contractor briefly outline: F. 9 of 11 1 Reason for the amendment. 2. Budget changes. 3. Changes in grant funded staff; and updates every 30 days if position remains vacant. Failure to report change may impact funding for position. 4. Changes in grant contract personnel, 5. Changes in project address or changes in scope of the programmatic activities or purpose of the project. 6. Delay in grant implementation. B. Amendments for signature by Contractor and DCH are needed in the following circumstances: 1. if increases or decreases occur in either the state and/or total funding amounts. 2. If the CVSC approves any significant modifications in the provision of services or reporting (i.e. changes to Project Activities, special requirements, or reporting (i.e. changes to Project Activities, special requirements, or reporting plan). 3. If funds are moved from an existing expenditure category into a new expenditure category (moving funds from one category into a new budget category where no dollars were previously allocated) even if the state or total funding amounts do not change. 4. if funds are moved from one existing expenditure category into another existing expenditure category so that the new amount in either expenditure category exceeds the deviation allowance (i.e. moving more than $15,000 from salaries and wages into supplies and materials when only $500 had been previously budgeted for supplies and materials) even if the state and/or total funding amounts do not change. C. Amendments that will be approved on-line include those that do not exceed the standard deviation amount, amendments transferring dollars between existing budget lines, transferring dollars within an existing budget line, new contract officials, staff changes with no financial impact or financial impact under standard budget deviation amount. D. Any changes to the agreement will be valid only if made in writing and accepted by all parties to the agreement either through on-line approval or through the generation of an Amendment to the Agreement for signature by the Contractor anc the Department. E. Total funding provided through the Department for the agreement shall not exceed the amount shown in the State Funds section of the budget detail except as adjusted by amendment. 10 of ii F. The Contractor must submit the final Agreement Amendment Request to the Department May 1 of the Fiscal Year, if the amount of Department funding may not be used in its entirety or to report final changes. VI. Confidentiality A. The Contractor will establish procedures to ensure Confidentiality of Research Information. Except as otherwise provided by Federal law, no recipient of monies under VOCA shall use or reveal any research or statistical information furnished under this program by any person, and identifiable to any specific private person, for any purpose other than the purpose for which such information was obtained, in accordance with VOCA. Such information, and any copy of such information, shall be immune from legal process and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceeding. (See Section 1407(d) of VOCA, codified at 42 U.S.C. 10604.) B. This provision is intended, among other things, to assure the confidentiality of information provided by crime victims to counselors working for victim services programs receiving VOCA funds, Whatever the scope of application given this provision, it is clear that there is nothing in VOCA or its legislative history to indicate that Congress intended to override or repeal, in effect, a State's existing law governing the disclosure of information, which is supportive of VOCA's fundamental goal of helping crime victims. For example, this provision would not act to override or repeal, in effect, a State's existing law pertaining to the mandatory reporting of suspected child abuse. See Pennhurst State School and Hospital v. Halderman, et al., 451 U.S. 1(1981). Furthermore, this confidentiality provision should not be interpreted to thwart the legitimate informational needs of public agencies. For example, this provision does not prohibit a domestic violence shelter from acknowledging, in response to an inquiry by a law enforcement agency conducting a missing person investigation, that the person is safe in the shelter. Similarly, this provision does not prohibit access to a victim service project by a Federal or State agency seeking to determine whether Federal and State funds are being utilized in accordance with funding agreements. 11 of 11 FISCAL NOTE (i0255 ) , October 6, 2010 BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2011 DISTRICT COURT ADVOCACY PROGRAM - VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen. Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Resolution and finds: 1. The Prosecuting Attorney has been awarded $83,710 for the Fiscal Year 2011 Victims of Crime Act (VOCA) Grant. 2. The total Fiscal Year 2011 award amount is $1.984 less than the Fiscal Year 2010 award. 3. The State's contribution is $66,968 (80%) and the County's contribution is $16,742 (20%). 4. The grant award continues to fund one (1) SR FTE Victim Advocate position #4010101-135170- 09647, and one (1) volunteer Victim Advocate intern position in the amount of $10.159 and cash match of $6,583. 5. Total program costs have increased to $84,639 due to significant changes in fringe benefit costs between the application and the acceptance of this grant, resulting in a funding shortfall of $11,088. 6. The Prosecuting Attorney has chosen to address this shortfall by a one-time reduction of General Fund budget for Personal Mileage Expense (Account #731346), and transfer this amount to the grant fund budget (Fund #27325). 7. In addition to the County match requirements, the County is expected to incur $4,020 in administrative and support costs, which have been included in the Fiscal Year 2011 Adopted Budget. This grant does not allow for recovery of those costs. 8. The cash grant match amount of $6,583 is included in the Fiscal Year 2011 Adopted Budget General Fund Non-Departmental Grant Match account. 9. The FY 2011 General Fund (#10100) and Special Revenue Fund (#27325) Budgets are amended as follows to recognize the grant award and transfer the grant match from the General Fund to the grant fund: FY 2011 Adopted GENERAL FUND #10100 Budget Expenditures 9090101-196030-730800 Grant Match $1,861,858 4010201-135170-731346 Personal Mile. 54,367 4010101-135170-788001-27325 Trans Out 0 Total General Fund Expenditures $1,916,225 VOCA GRANT FUND #27325 Revenues 4010201-135170-610313 Grants Federal $68,555 4010201-135170-695500-10100 Transfers In 5,448 4010201-135170-625558 Local Match 5 150 Total Grant Revenues $ 79,153 FY 2011 FY 2011 Amended Amendment Budget ($ 6,583) $1,855,275 ( 11,088) 43,279 17,671 17,671 $ -0- $1,916,225 ($1.587) $ 66,968 12,223 17,671 I 5,150) $ 5,4a6 $ 84,639 Expenditures 4010201-135170-702010 4010201-135170-722740 4010201-135170-731346 4010201-135170-777560 Total Grant Expenditures Salary $42,738 Fringe Benefits 31,265 Personal Mileage 4,550 Radio Comm. 600 $ 79,153. $ 1,406 $ 44,144 4,500 35,765 ( 300) 4,250 ( 120) 480 $ 5.410 $ 84,639 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Gingell and Greimel absent. I 1111131 APPROVE. THE FOREGOS RESOLUTION Resolution #10255 October 6, 2010 Moved by Runestad supported by Coulter the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted. AYES: Burns. Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray. Middleton, Nash, Potts, Runestad, Schwartz, Scott. Taub. Woodward, Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted. 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 October 6, 2010, 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 6th day of October, 2010. Ruth Johnson, County Clerk