HomeMy WebLinkAboutResolutions - 2011.10.20 - 18771October 20, 2011
MISCELLANEOUS RESOLUTION #11255
BY: Public Services Committee, Jim Runestad, Vice-Chairperson
IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2012 VICTIM 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,
2011 through September 30, 2012; and
WHEREAS this is the twelfth (12th) year of grant acceptance for this program; and
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, and support services; and
WHEREAS this grant funds one (1) Victim Advocate position who will provide on site services to crime
victims in all courts in Oakland County; and
WHEREAS the Fiscal Year 2012 application amount of $203,975 resulted in an award of $83,710; and
WHEREAS the State contribution is $66,968 (80%), the County contribution is 516,742 (20%) and is in
the form of in-kind Prosecuting Attorney Office staff position cost: and
WHEREAS the FY2012 award amount of $83,710 is the same as the FY2011 award amount; the FY
2011 cash match requirement of 56,583 is now met by all in-kind contribution.
WHEREAS this award allows for the continuation of one (1) FTE SR grant funded Victim Advocate
position (# 4010101-135170-09647) and the continuation of in-kind Prosecuting Attorney Office staff
position cost contribution; and
WHEREAS the grant award has been processed through the County Executive Contract Revievv 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
recognizes Prosecuting Attorney Office staff position cost as County contribution of $16,742 to meet the
match requirement for the period of October 1, 2011 through September 30, 2012.
BE IT FURTHER RESOLVED that one (1) FTE SR grant funded Victim Advocate position (# 4010101-
135170-09647) is continued, but only partially funded by grant funds.
BE IT FURTHER RESOLVED that in-kind Prosecuting Attorney Office staff position cost be recognized to
meet the County match contribution; with no cash match requirement.
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 adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
Emily McIntyre
From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:
Piir, Gaia <piirg@oakgov.com >
Tuesday, October 11.2011 3:57 PM
'McIntyre, Emily': Malone, Prentiss
'Meiers, Terri'; 'Agacinski, Karen'
REVISED GRANT REVIEW SIGN OFF - Prosecuting Attorney - FY 2912 Prosecutor's Victim
Advocacy Program (VOCA) - Grant Agreement
ATTACHMENT C 11-12 Revised.pdf; Attachment E 11-12 Revised Final.pdf
High
Please Note: Attachment C and Attachment E of the VOCA Agreement have been revised to incorporate
changes requested by Corporation Counsel. These versions should be included in all BOC packets.
GRANT REVIEW SIGN OFF — Prosecuting Attorney - REVISED
GRANT NAME: FY 2012 Prosecutor's Victim Advocacy Program (VOCA)
FUNDING AGENCY: Michigan Department of Community Health - VOCA
DEPARTMENT CONTACT PERSON: Emily McIntyre 8-1034
STATUS: Grant Acceptance
DATE: October 11, 2011
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 grant acceptance package (which should include the Board of Commissioners' Liaison
Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing
grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for
grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (9/12/2011)
Department of Human Resources:
Approved, — Karen Jones (9/12/2011)
Risk Management and Safety:
Approved by Risk Management. — Andrea Plotkowski (9/15/2011)
Corporation Counsel (revised 10/7/2011):
There is one legal issue which is unresolved. It presents limited risk to the County. The other previously noted legal
issues have been resolved and the State has issued corrected Attachments C & E.
In Part II, Section IA, Publication Rights regarding the County's ability to copyright materials and the State's license to use
such materials includes an authorization by the County for anyone to reproduce and use the materials. This waives
copyright protections. Section IA(2) and (4) contain other unclear statements. It is uncertain that the County can compiy
1
if copyrightable material is developed. The risks are mitigated primarily because the County is unlikely to develop new
copyrightable materials during FY 2011-2012.
While this section presents a low level of risk to the County, I cannot approve it. — Karen P. Agacinski (10/7/2011)
Corporation Counsel (original 10/3/2011):
There are two legal issues which are unresolved. I have attempted to resolve these issues through email and phone
conversation. While each presents limited risk to the County, they are inconsistent with ensuring that the terms and
conditions in grant contracts are clear and legally sufficient.
First, Part II, Section IA, Publication Rights regarding the County's ability to copyright materials and the State's license to
use such copyrighted material, in Section 1(A)(1), includes an authorization by the County for anyone to reproduce and
use the materials. This waives copyright protections. Section IA(2) and (4) contain other unclear statements. The
County has requested citations to the relevant statutes or grant administration manuals but the Department has not
provided them. Thus it is uncertain that the County can comply if copyrightable material is developed. The risks
involved here are mitigated primarily because the County is unlikely to develop new copyrightable materials during FY
2011-2012.
Second, the assurances required in this grant contract include a phrase, presented as a full sentence, that has no
intelligible meaning and at least two sentences that lack a subject. The risk in these instances relates to agreeing to
terms and conditions that are unclear and whose legal sufficiency is suspect. The risk is partially mitigated by the fact
that the services provided under this grant contract are well-established and running srnoothly, and by the existence of a
severability clause in Part II, Section VII.
While these terms and conditions present a low level of risk to the County, 1 cannot approve them.
— Karen P. Agacinski (10/3/2011)
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 10601)
http://frwebgate5.access.gpo.govicgi -bin/TEXTgate.cgi?WAISdocID=426486430139+0+1+0&WAISaction=retrieve
Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and Budget Act - "P.A. 533 of
2004" http://www.legislature.mi.govAuq3lxgeltmri5z55z2uiwv45 )/mileg.aspx?page=getObject&oblectNamc=2003 -SB-0850
Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II)
http://www.cms.hhs.gov/HIPAAGenInfo/Downloads/HIPAAlawdetail.pdf
Single Audit Act of 1984 (with amendments in 1996)
http://www.whitehouse.gov/omb/financial/fin single audit.html
Federal Office of Management and Budget (OMB) Circular No. A -133.
http://www.whitehouse.gov/omb/circulars/a133/a133.html
Department of Health and Human Services Protection of Human Subjects (45 CFR Part 46)
http://www.access.gpo.gov/nara/cfr/waisidx 00/45cfr46 00.html
Lobbying Disclosure Act of 1995. (2 USC 1601)
http://www.senate.gov/reference/resources/pdf/contactinR10465.pdf
2
Contract #
CVA# 20687-13V11
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 I.D.#: 38-6004876, DUNS# 136200362
hereinafter referred to as the "Contractor"
for
Prosecutor's Victim Advocacy Program
Part I
1. Period of Agreement: This agreement shall commence on 10/1/2011 and continue through
09/30/2012. This agreement is in full force and effect for the period specified.
2. Program Budget and Agreement Amount
A. Agreement Amount
The total amount of this agreement is $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 2011-VA-GX-0056 and
the award phase is 2011. 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:
E Research and development project; or
N Not a research and development project
B. Equipment Purchases and Title
Any contractor equipment purchases supported in whole or in part through this
agreement must be listed in the supporting Equipment Inventory Schedule.
DCH-0605FY2009 5/08 (W) 1 of 14
Equipment means tangible, non-expendable, personal property having useful life of
more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items
having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon
acquisition, The Department reserves the right to retain or transfer the title to all items
of equipment having a unit acquisition cost of $5,000 or more, to the extent that the
Department's proportionate interest in such equipment supports such retention or
transfer of title,
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 Agreement:
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 oreillylPmichigan,qov for internet e-mail.
DCH-0665FY2009 5/08 (W) 2 of 14
For the CONTRACTOR
Name (Please print) Title
Signature Date
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 Mana•ement and Budeet
Name Title
vanpeltloakoov.corn (248) 858-2163
E-Mail Address
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:
Telephone No.
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Kim Stephen, Director Bureau of Budget and Audit Date
DCH-0655FY2009 5108 (W) 3 of 14
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
FY 11/12 AGREEMENT ADDENDUM A
1. This addendum modifies the following sections of Part II, General Provisions:
Part II
I. Responsibilities-Contractor
J. Software Compliance. This section will be deleted in its entirety and
replaced with the following language:
The Michigan Department of Community Health and the County of Oakland will
work together to identify and overcome potential data incompatibility problems.
III. Assurances
A. Compliance with Applicable Laws. This first sentence of this paragraph
will be stricken in its entirety and replace with the following language:
The Contractor will comply with applicable Federal and State laws, and lawfully
enacted administrative rules or regulations, in carrying out the terms of this
agreement.
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 by law neither Party shall be obligated to
the other, or indemnify the other for any third party claims, demands,
costs, or judgments arising out of activities to be carried out pursuant to
the obligations of either party under this Contract, nothing herein shall be
construed as a waiver of any governmental immunity for either party or
its agencies, or officers and employees as provided by statute or
modified by court decisions.
2. Special Certification:
The individual or officer signing this agreement certifies by his or her signature that he or she is
authorized to sign this agreement on behalf of the responsible governing board, official or
Contractor.
3, Signature Section:
For the COUNTY OF OAKLAND
Name and Title Date
Signature Date
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Kim Stephen, Deputy Director Date
Operation Administration
DCH-0665 FY2012 4111(w) 4 of 1 4
Part ll
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
copyrightable materials through activities supported by this agreement, the
Contractor may copyright those materials. The materials that the Contractor
copyrights cannot include service recipient information or personal identification
data. Contractor grants the Department a royalty-free, non-exclusive and
irrevocable license to reproduce, publish and use such materials and authorizes
others to reproduce and use such materials,
2. Any materials copyrighted by the Contractor or modifications bearing
acknowledgment of the Department's name must be approved by the
Department before reproduction and use of such materials. The State of
Michigan may modify the material copyrighted by the Contractor and may
combine it with other copyrightable intellectual property to form a derivative work.
The State of Michigan will own and hold all copyright and other intellectual
property rights in any such derivative work, excluding any rights or interest
granted in this agreement to the Contractor. If the Contractor ceases to conduct
business for any reason, or ceases to support the copyrightable materials
developed under this agreement, the State of Michigan has the right to convert
its licenses into transferable licenses to the extent consistent with any applicable
obligations the Contractor has to the federal government.
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 must notify the Department's Grants and Purchasing Division 30
days before applying to register a copyright with the U.S. Copyright Office. The
Contractor must submit an annual report for all copyrighted materials developed
by the Contractor through activities supported by this agreement and must
submit a final invention statement and certification within 90 days of the end of
the agreement period,
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 payor for any services supported
with VOCA funds.
C. Program Operation
Provide the necessary administrative, professional, and technical staff for operation of
the program.
DCH-0665 FY2012 4111(w) 5 of 14
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 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. VOCA
Grantees are required to provide either the Single Audit or Financial Statement
Audit regardless of amount. 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 are a state, local government, or non-profit organization
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 (GMS). 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.michigan.gov/mdch 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 by e-mail to the Department at MDCH-
AuditReportsmichigan,gov. The required materials must be assembled as one
document in a PDF file compatible with Adobe Acrobat (read only). The subject
line must state the agency name and fiscal year end. The Department reserves
the right to request a hard copy of the audit materials if for any reason the
electronic submission process is not successful.
VOCA Grantees are required to submit either a Single Audit or Financial
Statement Audit and any other required submissions (i.e. Corrective Action Plan
and management letter with a response) to the CVSC by uploading to the
agency's Organization Detail section on the CVSC grants website at URL:
https://sigma2web.mdch.state.mi ,us/sigma2/
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
DC11-0665 FY2012 4/11(w) 6 of 14
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.
4. Other Audits
The Department or federal agencies may also conduct or arrange for "agreed
upon procedures" or additional audits to meet their needs.
H. SubrecipientNendor Monitoring
The Contractor must ensure that each of its subrecipients comply with the Single Audit
Act requirements. The Contractor must issue management decisions on audit findings
of their subrecipients as required by OMB Circular A-133.
The Contractor must also develop a subrecipient monitoring plan that addresses "during
the award monitoring" of subrecipients to provide reasonable assurance that the
subrecipient administers Federal awards in compliance with laws, regulations, and the
provisions of contracts, and that performance goals are achieved. The subrecipient
monitoring plan should include a risk-based assessment to determine the level of
oversight, and monitoring activities such as reviewing financial and performance
reports, performing site visits, and maintaining regular contact with subrecipients.
The Contractor must establish requirements to ensure compliance for for—profit
subrecipients as required by OMB Circular A-133, Section .210(e)
The Contractor must ensure that transactions with vendors comply with laws,
regulations, and provisions of contracts or grant agreements in compliance with OMB
Circular A-133, Section .210(f).
Notification of Modifications
Provide timely notification to the Department, in writing, of any action by its governing
board or any other funding source that would require or result in significant modification
in the provision of services, funding or compliance with operational procedures.
J. Software Compliance
The Contractor must ensure software compliance and compatibility with the
Department's data systems for services provided under this agreement including, but
not limited to: stored data, databases, and interfaces for the production of work
products and reports. All required data under this agreement shall be provided in an
accurate and timely manner without interruption, failure or errors due to the inaccuracy
of the Contractor's business operations for processing date/time data.
K. Human Subjects
The Contractor 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 IRB application and approval
materials for acceptance of the review of another IRB. All such research must be
approved by a federally a s sured IRB, but the Department's 1RB 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
DCH-0655 FY2C 12 4/1 1 (w) 7 of 14
the Department's IRB Chairperson and the Contractor's IRB Chairperson or Executive
Officer(s).
U. Responsibilities - Department
The Department in accordance with the general purposes and objectives of this agreement
will:
A. Reimbursement
Provide reimbursement in accordance with the terms and conditions of this agreement
based upon appropriate reports, records, and documentation maintained by the
Contractor.
B. Report Forms
Provide any report forms and reporting formats required by the Department at the
effective date of this agreement, and provide to the Contractor any new report forms
and reporting formats proposed for issuance thereafter at least ninety (90) days prior to
their required usage in order to afford the Contractor an opportunity to review and offer
comment.
Ill. Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
The Contractor will comply with applicable federal and state laws, guidelines, rules and
regulations in carrying out the terms of this agreement. The Contractor will also comply
with all applicable general administrative requirements such as OMB Circulars covering
cost principles, grant/agreement principles, and audits in carrying out the terms of this
agreement.
B. Anti-Lobbyinq Act
The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the
Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of the
Departments of Labor, Health and Human Services, and Education, and Related
Agencies 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
DCH-0665 FY2012 4/11(w) 8 of 14
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 (P.L. 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,
§§1681-1683, 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 (Pt 92-255), 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;
§§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;
h. any other nondiscrimination provisions in the specific statute(s) under
which application for Federal assistance is being made; and,
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, 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
DCH-0665 FY2012 4/11(W) 9 of 14
g.
a public (federal, state, or local) transaction or contract under a public
transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the offenses
enumerated in section 2, and;
4. Have not within a three-year period preceding this agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
E. Federal Requirement: Pro-Children Act
1. Assurance is hereby given to the Department that the Contractor will comply with
Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 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 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.
DCH-0665 FY2012 4/11(w) 10 of 14
2. That any executed subcontract to this agreement shall require the subcontractor
to comply with all applicable terms and conditions of this agreement. In the event
of a conflict between this agreement and the provisions of the subcontract, the
provisions of this agreement shall prevail.
A conflict between this agreement and a subcontract, however, shall not be
deemed to exist where the subcontract:
a. Contains additional non-conflicting provisions not set forth in this
agreement;
b. Restates provisions of this agreement to afford the Contractor the same or
substantially the same rights and privileges as the Department; or
c. Requires the subcontractor to perform duties and/or services in less time
than that afforded the Contractor in this agreement.
3. That the subcontract does not affect the Contractor's accountability to the
Department for the subcontracted activity.
4. That any billing or request for reimbursement for subcontract costs is supported
by a valid subcontract and adequate source documentation on costs and
services.
5, That the Contractor will submit a copy of the executed subcontract if requested
by the Department.
H. Procurement
Assure that all purchase transactions, whether negotiated or advertised, shall be
conducted openly and competitively in accordance with the principles and requirements
of OMB Circular A-102 as revised, implemented through applicable portions of the
associated "Common Rule" as promulgated by responsible federal contractor(s), or 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 H1PAA 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 the
purposes of this agreement.
4. The Contractor must have written policies and procedures addressing the use of
protected health data and information that falls under the HIPAA requirements.
DCH-0665 FY2012 4/11(w) 11 of 14
The policies and procedures must meet all applicable federal and state
requirements including the HIPAA regulations. These policies and procedures
must include restricting access to the protected health data and information by
the Contractor's employees.
5. The Contractor must have a policy and procedure to 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 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.
Failure to comply with any of these contractual requirements may result in the
termination of this agreement in accordance with Part Il, Section V. Agreement
Termination.
7. In accordance with HIPAA requirements, the Contractor is liable for any claim,
loss or damage relating to unauthorized use or disclosure of protected health
data and information by the Contractor received from the Department or any
other source.
8. The Contractor will enter into a business associate agreement 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.
The Department will withhold 10% of the total agreement expenditures due to the
Contractor pending the receipt and Department approval of the Fiscal Year Expenditure
and Program Report from the Contractor per Attachment A, Statement of Work and
Attachment C, Performance and Reporting Requirements.
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, 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 ,sigmaweb2.intelligrants.com
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
DCH-0665 FY2012 4/11(w) 12 of 14
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://michigan qov/cpexpress
E. Final Obligations and Financial Status Report Requirements
Fiscal Year Expenditure and Program 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 M.D.I of this
agreement during the term of this agreement or any extension thereof.
VI. Final Reporting Upon Termination
Should this agreement be terminated by either party, within thirty (30) days after the
termination, the Contractor shall provide the Department with all financial, performance and
other reports required as a condition of this agreement. The Department will make payments
to the Contractor for allowable reimbursable costs not covered by previous payments or other
state or federal programs. The Contractor shall immediately refund to the Department any
funds not authorized for use and any payments or funds advanced to the Contractor in excess
of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall
be resolved in the State of Michigan.
VII. Severabilitv
If any provision of this agreement or any provision of any document attached to or incorporated
by reference is waived or held to be invalid, such waiver or invalidity shall not affect other
provisions of this agreement.
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
13 of 14 DCH-0665 FY2012 4/11(w)
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.
All liability to third parties, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities, such as the provision of policy and procedural
direction, to be carried out by the Department in the performance of this agreement
shall be the responsibility of the Department, and not the responsibility of the
Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or
failure to act on the part of any Department employee or agent, provided that nothing
herein shall be construed as a waiver of any governmental immunity by the State, its
agencies (the Department) or employees as provided by statute or court decisions,
C. In the event that liability to third parties, loss, or damage arises as a result of activities
conducted jointly by the Contractor and the Department in fulfillment of their
responsibilities under this agreement, such liability, loss, or damage shall be borne by
the Contractor and the Department in relation to each party's responsibilities under
these joint activities, provided that nothing herein shall be
construed as a waiver of any governmental immunity by the Contractor, the State, its
agencies (the Department) or their employees, respectively, as provided by statute or
court decisions.
X. Conflict of Interest
The Contractor and the Department are subject to the provisions of 1968 PA 317, as
amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended, MCL
15.341 et seq, MSA 4.1700 (71) et seq.
Xl. State of Michigan Agreement
This is a State of Michigan Agreement and is governed by the laws of Michigan, Any dispute
arising as a result of this agreement shall be resolved in the State of Michigan.
XII. Confidentiality
Both the Department and the Contractor shall assure that medical services to and information
contained in medical records of persons served under this agreement, or other such recorded
information required to be held confidential by federal or state law, rule or regulation, in
connection with the provision of services or other activity under this agreement shall be
privileged communication, shall be held confidential, and shall not be divulged without the
written consent of either the patient or a person responsible for the patient, except as may be
otherwise 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 FY2012 4/11(w) 14 of 14
ATTACHMENT A
STATEMENT OF WORK
FY 2011 , 2012
ATTACHMENT A
Subrecipient relationship; or
Vendor relationship.
The grant agreement is
designated as:
Research and development
project; or
Not a research and
development project.
Statement of Work
Purpose 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 and 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.
I I
ATTACHMENT B
BUDGET DETAIL
FY 2011 w 2012
X Original Budget
GRANTEE
County of Oakland
IMPLEMENTING AGENCY
Office of the Prosecuting Attorne
FEDERAL EMPLOYER IDENTIFICATION NUMBER
38-6004876
CVA PROJECT NUMBER
20687-13V11
CVA PROJECT PERIOD
10/1/2011— 09/30/2012
FISCAL YEAR
2012
Grantee Contract Officials:
Authorizing Official:
Mr. Michael Gingell, Chair-Oakland Cty Board
of Commissioners
Project Director:
Ms. Emily McIntyre
1200 N Telegraph Rd
Pontiac, Michigan 48341
(248) 858-0707
mcintyreem@oakgov.com
Financial Director
Ms. Laurie Van Pelt
1200 N. Telegraph
Pontiac, Michigan 48341
Contact Person:
Ms. Karen Jones, Supervisor Human
Resources - EEO Officer
1200 N. Telegraph
Pontiac, Michigan 48341
(248) 858-5351
jonesk@oakgov.com
ATTACHMENT B
Michigan Department of Community Health
Victims of crime Act Victim Assistance Grant
Program Budget Summary
Amended Budget — N
PROGRAM AREA
Crime Victim Services Commission
PROJECT TITLE
Prosecutor's Victim Advocacy Program
FRINGE BENEFITS
TRAVEL
SUPPLIES AND
MATERIALS
CONTRACTUAL
EQUIPMENT
OTHER EXPENSES
TOTAL
SALARIES AND
WAGES
VOLUNTEERS
BUDGET
CATEGORY
VOCA Federal
AMOUNT
$66,968
$22,830
$44,138
BUDGET SUMMARY
Local Match
AMOUNT
$16,416
$ 0
$ 0
$ 0
$16,742
$ 326 1 $23,156
Total Amount
$0
$0
$0
$83,710
$60,554
GRANTEE
FEDERAL
TOTAL
SOURCE OF FUNDS
$16,742
$83,710 I 100%
$66,968
PERC ENTAGE
80%
20%
VOCA Victim Assistance Grant Contacts:
Leslie O'Reilly, Program Specialist (Contract Manager)
Questions concerning VOCA grant eligibility & allowability, grant applications,
awards, denials, project implementation, guideline requirements, contract
adjustments, grant compliance reviews and other victim service needs.
PHONE: (517) 334-9180
E-MAIL: OREILLYL@michigan.gov
FAX: (517) 334-9462
Alexandra Cruz, VOCA Grants Technician
Questions about IntelliGrants grants management system.
PHONE: (517) 334-9942
E-MAIL: CruzA2@michigan.gov
Sherri Buck, Accounting Technician
Questions concerning grant payments and audit verification requests
PHONE: (517) 334-9946
E-MAIL: BuckShe@michigan.gov
James McCurtis, Jr., Manager
Crime Victim Services Commission
Lewis Cass Building
320 S. Walnut Street
Lansing, MI 48913
PHONE: (517) 373-7373
By authority of the Victims of Crime Act of 1984;
CFDA#16-575 Crime Victim Assistance, U.S. Department of Justice
IOTA EXPENDITURE CATEGORY
$60,554
$ 0
$23,156
0
$ Subrecipients)
$ 0
BUDGET
$60,554
$ 0
$23,156
$ 0
$ 0
$ 0
$ 0
1. SALARIES & WAGES
1.b. VOLUNTEERS
2. FRINGE BENEFITS
3. TRAVEL
4. SUPPLIES & MATERIALS
5. CONTRACTUAL (Subcontract
6. EQUIPMENT
0 3,71 10. TOTAL EXPENDITURES $83,710
SOURCE OF FUNDS
11. FEES & COLLECTIONS
12. STATE AGREEMENT $66,968 $66,968
3. LOCAL $16,742 16,742
14. FEDERAL
15. OTHER(S)
$ 0
16. TOTAL FUNDING I $83,710 $0
ATTACHMENT B.1
View at 100% or Larger
Use WHOLE DOLLARS Only
PROGRAM
Crime Victim Services Commission
CONTRACTOR NAME
County of Oakland
MAILING ADDRESS (Number and Street)
1200 N. Telegraph
PROGRAM BUDGET SUMMARY
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
DATE PREPARED
8/30/11
BUDGET PERIOD
From: 10/1/2011 To: 09/30/2012
BUDGET AGREEMENT
X ORIGINAL AMENDMENT
Page 1 0f2
AMENDMENT #
CITY
Pontiac
STATE
Michigan
ZIP CODE
48341
FEDERAL ID NUMBER
38-6004876
7. OTHER EXPENSES
$ 0 0
$83,710 3,710 1 . TOTAL DIRECT EXPENDITURES
(Sum of Lines 1-7)
. INDIRECT COSTS: Rate #1 %
INDIRECT COSTS: Rate #2 %
$ 0 I
$83,710
AUTHORITY: P.A. 368 of 1978
COMPLETION: Is Voluntary, but is required as a condition of funding
DCH-0385 FY 09/10 4109 (w) Previous Editions Obsolete
The Department of Community Health is an equal
opportunity employer, services and programs provider.
Page 2 of 2
DATE PREPARED
8/30/2011
Emily McIntyre Hancook,Victim Rights 0.31 I $16,416
1.0 Jennifer DeMeritt,Victim Advocate $44,138
1.31 . TOTAL SALARIES & WAGES: $60,554
COMPOSITE RATE
AMOUNT 38.24%
2. TOTAL FRINGE BENEFITS: $23,156
$ 0
$83,710
$
$ 0
$ 0
$83,710
ATTACHMENT B.2
PROGRAM BUDGET COST DETAIL SCHEDULE
View at 100% or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Use WHOLE DOLLARS Only
PROGRAM BUDGET PERIOD
Crime Victim Services Commission From: To:
10/1/2011 09/30/2012
CONTRACTOR NAME
County of Oakland
BUDGET AGREEMENT
EDRIGINAL DAMENDMENT
AMENDMENT #
1. SALARY & WAGES
POSITION DESCRIPTION
POSITIONS
REQUIRED COMMENTS TOTAL SALARY
1 b, VOLUNTEERS
1. TOTAL VOLUNTEERS: 0,0
2. FRINGE BENEFITS (Specify)
X FICA X LIFE INS. X DENTAL INS.
X UNEMPLOY INS. XVIS ION INS. XVVORK COMP,
RETIREMENT HEARING INS.
HOSPITAL INS. X OTHER (specify)
3. TRAVEL (Specify if category exceeds 10% of Total Expenditures)
$ 0
3. TOTAL TRAVEL:
4. SUPPLIES & MATERIALS (Specify if category exceeds 10% of Total Expenditures)
4. TOTAL SUPPLIES & MATERIALS:
$0
5. CONTRACTUAL (Specify Subcontracts/Subrecipients)
Name Address Amount
5. TOTAL CONTRACTUAL:
6. EQUIPMENT (Specify items)
6. TOTAL EQUIPMENT:
7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures)
7, TOTAL OTHER:
8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) B. TOTAL DIRECT EXPENDITURES:
9. INDIRECT COST CALCULATIONS Rate #1: Base $0 X Rate 0.0000 % Total
Rate #2: Base $0 X Rate 0.0000 % Total
9. TOTAL INDIRECT EXPENDITURES:
10. TOTAL EXPENDITURES (Sum of lines 8-9)
$ 0
$ 0
AUTHORITY: P.A. 368 of 1978 The Department of Community Health is an equal opportunity employer, services
COMPLETION: Is Voluntary, but is required as a condition of funding and programs provider,
DCH-0386 (E) (Rev 5-09) (w) Previous Editions Obsolete. Use Additional Sheets as Needed
DCH-0386 FY2010.doc 1-09 (W)
Amount
$16,742
Current Cash Match
$16,742
$16,742
Current In-Kind Match'Current Total Match
$16,742
$16,742 $0
Hours Devoted
Total Volunteers
McIntyre
Hancook
Victim
Rights
Supervisor
Emily $25.651 640 $0 $16,416 $16,416
ges $44,138 $60,554 $16,416
Printable Budget Page 1 of 5
OVA Number: 20687-13V11
Agency: County of Oakland
Project Period: 10/01/2011 - 09/30/2012
Document Number: VOCA-2012-County of -00011
Fringe Benefits
Travel
Salaries and Wages
Budget Line Item
Supplies and Materials
Consultant/Contractual
Equipment
Other Expenses
Current Percentage
Current Totals' 566,968
VOCA Federal
Amount
$22,830
$44,1381
Local Match
Amount
$16,416
$16,744 $83,710
20%
Total Project
Amount
$60.554
$23,156
100%
$0
$0
$0
$0
atch
Source and method of calculating match
Emily McIntyre Hancook -Salary and Fringes (CVSC VR funding)
Total
$16,742
Volunteer
Volunteer Title FICA (at 7.65%)
$0
)tal Volunteer
Value
Hourly Salary
Rate Gross Wage
Salaries and Wages
First Name
DeMeritt Victim
Advocate
Hourly
Salary Rate
$2122
Hours
Devoted
2080
Federal VOCA
Amount
$44,138
Local Match
Amount
$0
Total Project
Amount
$44,138
IPPrsonnel Budget Detail Workshee
Total Salaries and
Contributing)
https:11sigma2weli.r_idch.state.mi.usISigma2lmodulelmicvsclprintablebudg... 813112011
Printable Budget
alutation
is
First Name [Middle Initial
iennife
Last
Name
eritt
Title 'Victim Advocate
Educational Reouirement IBA.
Employment Begin Date Employment End Date
09/30/20', 2
I2nd Qua 1st Quarter 10/1 - 12/31 3/31
10/01/2011
Page 2 of 5
1/1 - 13rd Quarter 4/1 - 14th Quarter 7/1 - I
16/30 19/30
$21.22 $21,22 $21,22
520 520 520
0 0 0
$11,034.40 $11,034.40 $11,034.40
$21.221
$11,034.401 344,138
$44,188
520
0
Hours Devoted
2080
Federal VOCA
Amount
44,138
Local Match
Amount
0
Total Project
Amount
Sala
Fringe Benefits Mandated
Sub Total
FICA (7.65% of salary) /alculated Maximum
IFICA
Unemployment
Dental Insurance
Hearing insurance
Hospital Insurance
Life Insurance
Retirement
Vision Insurance I $25
Fringe Benefits - Other
Disability 1 $37
Medical I $4,7741
Salutation First Name iddle Initial
Emily
Victim Rights Supervisor Title
$343 $344
$0
$0
$41 $40
$0
$0
$0
$38
Fringe Sub Tota
Total Salary & Fringe
Last
Name
ook McIntyre Han
$4,774 $3,209 $4,7741
$37
$0 $0 $0
$251 $251 $261 $101
$1,373
$0
$0
$161
$0
3149
$17,531
$0
$0
$0
$22,830
$66,968
4 $40 (Rate! 0.44 %) x Prorated share 100 1
x 9000
Worker's Compensation
(Rate' $0.:
Fringe Benefits - Voluntary
$343
$0
$343
$0
$0 $0
$40 $40
$3,377 $3,3771
3rd Quarter 4/1 -
6/30 _
4th Quarter 7/1 -
9/30
Salary
Rate per hour
VOCA hours per quarter
Non-VOCA hours per
quarter
Total gross wages
Actual Wage
Educational Requirement B.A.
Employment Begin Date Employment End Date
10/01/2011 09/30/2012
2nd Quarter 1/1 -1st Quarter 10/1 - 12/31 3/31
https:Ilsigma2web.mdch.sta .L srt a -lawn , lelmicvsclprintablebudg... 813112011
Printable Budget
Salary
er [lc
VOCA hours per quarter
Non-VOCA hours per
quarter
Total gross wages
$25.6 25.6.; $25. $2565
1601 1601 160
360 360 360 360
$4,104 )4 4,104
Page 3 of 5
6,416 $4,104
Actual Wage 16,4
VOCA Federal
Amount
$3,377
$40
Local Match
Amount
$326
$0
Total Project
Amount
$3,703
$40
$98
Dental Insurance I $1,373
$0
SO
'Life Insurance $161
Retirement SO
Vision Insurance
$17,600
$23,156
$23,156
Other
Workers Compensation
Fringe Benefits Mandated
FICA (7,65% of salary)
Unemployment
(Rate
$1,256
0 %) x Prorated share 31 x
9000
Calculated Maximum
FICA
tion
per $100
Worker's C,ompens
(Rate'
Fringe Benefits - Voluntary
Dental Insurance $0 $01 $0
$( 01 $0
Hospital Insurance I $0
Lae Insurance
Retirement
$0 0
$0
$0 $O
$01 $0
0 $0
$0 $0
Vision lnsuranc 0 0 $01 $01 $0
Fringe Benefits - Other
Fringe Sub Total
To al Salary & Fringe
SO
$0
$0
$0
$326
$16,742
$0 Hearing Insurance
Hospital Insurance
nsurance Hea
Fringe Benefits
Description
:FICA
Unemployment
$101
$17,680
Total Fringe Benefits
Final Total Fringe Benefits
$22,830
$22,830
$0 $98
$1,373 $0
$0
$0
$161
$0
$101
$0
$0
$0
$0
$326
$326
Hours Devoted
640
Federal VOCAL Local Match
Amount l Amount
16,416
Salary Sub Total
Total Project
Amount
$16,416
$16,416
$0
httpsthsigma2wel,.....ich.state.mi.uslSigena21modulel, cvsclprintablebudg... 813112011
Number
of Miles
Mileage
Rate
Lodging
Cost
Meals' Number of
Cost Days
Federal VOCA
Amount
Local Match
Amount
Total Project
Amount Description Total
$0
$0
$0
$O
$0
$0
SO
$0 —
SO
kesesrommemax
0 Total Supplies and Materials
Final Total Supplies and Materials $01 30
Description 'Explanation Quantity Unit Ptice I Federal VOCA
Amount
Local Match
Amount
Total Project
Amount
Contractor
Name
Contractor
Company [Address
Hourly
Hourly or Daily
or Daily Salary
Rate
Total Consultant/Contractual
Federal VOCA
Amount
Local Match! Total Project
Amount Amount
Hours or
Days
Devoted
Total Equipments
Final Total Equipments
Other Expenses
Space Expenses
Address
Communication Expenses
Type of Communication
Amount per
Square Foot
Monthly Fee
Federal VOCA I Local Match' Total Projectl
Amount I Amount' Amount
$0
0
Federal VOCAI Local Match' Total Project
Amount' Amount' Amount
Square Feet
so
$0
$O
SO
SO
$0
$0
SO $01 so
$0 $0
Page 4 c .77 Printable 17:fidget
Final Total Travel
Supplies and Materials
Consultant/Contractua
Equipment
Item Quantity Purchase Price Monthly Lease Federal VOCA
Amount
Local Match
Amount
Total Project
Amount
SO
$0
$0
$0
$0
$0
SO
https:Ilsigrr -21iveb.mdch.state.mi.usISI., a2lmodulelmicvsclprinti 43ler udg..., 813112011
Emergency Financial Assistance Expenses
Number of Victims
Maximum Amount Per Federal VOCAI Local Match! Total Project
age I Amount i Amount! Amount
Memberships
Organization Name Yearly Membership Fee Federal VOCA
Amount
Local Match
Amount
Total Project
Amount
Other Expenses Federal VOCA
Amount
Local Match
Amount
Total Project
Amount
$0
SO
Total Other Expens
Final Total Other Expenses sot so
Printable Budget Page 5 of 5
htt,ns:Ilsigma2web.mdch.stateani.usISi -ma2Imodulelmicvselprintablebudg... 813112011
ATTACHMENT C
PERFORMANCE AND
PROGRESS REPORT
REQUIREMENTS
FY 2011 2012
ATTACHMENT C
PERFORMANCE / PROGRESS REPORT REQUIREMENTS
FY 10/1/2011 — 9/30/2012
A. The Contractor shall submit the following reports on the following dates:
October 30, 2011 Constitutional Victims Rights Notice due
November 30, 2011 October Monthly Financial Report
December 30, 2011 November Monthly Financial Report
January 20, 2012 1 st Quarterly Program Report (10/1/2011 - 12/31/2011)
January 30, 2012 December Monthly Financial Report
February 28, 2012 January Monthly Financial Report
March 30, 2012 February Monthly Financial Report
April 20, 2012 2nd Quarterly Program Report (1/1/2012- 3/31/2012)
April 30, 2012 March Monthly Financial Report
May 30, 2012 April Monthly Financial Report
June 30, 2012 May Monthly Financial Report
July 20, 2012 3rd Quarterly Program Report (4/1/2012 - 6/30/2012)
July 30, 2012 June Monthly Financial Report
July 31, 2012 Contractor shall submit final Agreement Amendment Request.
Contractor required to advise Commission if funds may not be
used during fiscal year (10/1/2011 - 9/30/2012).
August 30, 2012 July Monthly Financial Report
September 30, 2012 August Monthly Financial Report
October 20, 2012 4th Quarterly Program Report (7/1/2012 - 9/30/2012)
October 30, 2012 September Monthly Financial Report
November 15, 2012 FY 2011-12 Expenditure & Program Report
(10/1/2011 - 9/30/2012)
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://siqma2web.mdch.state.mi.us/sigma2/
D. 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 visit and to make an
evaluation of the project as determined by Contract Manager.
ATTACHMENT D
FISCAL YEAR
EXPENDITURE AND
PROGRAM REPORT
FY 2011 - 2012
DUE DATE: NOVEMBER 15, 2012
Contractor shall enter Fiscal Year Expenditure and Program Report at URL:
https://cvscsigmaweb2.intelligrants.com
ATTACHMENT E
VICTIMS OF CRWIE ACT
VICTIM ASSISTANCE
GRANT ASSURANCES
FY 2011 2012
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.
3. 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).]
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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 Maintenance/Retention
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
reimbursed under the award, whether they are employed full-time or part-
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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.
6. 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 to
authorized representatives of the Department, Federal Grantor Agency,
Comptroller General of the United States and State Auditor Genera, or their
duly authorized representatives, to the 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 will 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 changing a crime victim or third party
payer for any services supported with VOCA funds.
Responsibilities - Department
The Department in accordance with the general purposes and objectives of this
agreement will:
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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.
B. 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.
III. Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
1. The Contractor assures that the State it 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. 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 regardless of funding source.
3. The Contractor agrees to comply with the financial and administrative
requirements set forth in the current edition of the Office of Justice Programs
(OJP) Financial Guide, effective edition.
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, 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
4 of 11
described in the current edition of the OJP Financial Guide, effective edition.
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 -
Ma
Office of the Inspector General
U.S. Department of Justice
Investigations Divisions
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oid.hotlineusdoi.00v
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.usdoi.00v/oid
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 Contractor 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 ()CFO access to and
the right to examine all records, books, paper or documents related to the
VOCA grant.
10.The Contractor assures that the Contractor and its subrecipients 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:
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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).
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 environmerital 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.
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 listing on the National Register of Historical
Places or (b) located within a 100-year floodplain. 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 D to Part 61 of the Code of Federal
Regulations. Additionally, the proposed action is neither a phase or a
segment of a project which when viewed its entirety would not meet the
criteria for a categorical exclusion.
14. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the CVSC
encourages Contractors to adopt and enforce policies banning employees
from text messaging while driving any vehicle during the course of
performing work funded by this grant, and to establish workplace safety
policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
15. The Contractor agrees expeditiously to obtain active registration with the
Central Contractor Registration (CCR) database, and to notify the CVSC in
writing of its registration.
6 of 11
B. Non-Discrimination
1. The Contractor must inform the Crime Victim Services Commission in writing
of a claim of discrimination on the grounds of race, religion, national origin,
sex, or disability against a recipient of VOCA victim assistance funds. A
copy of the complaint will be forwarded to the Crime Victim Services
Commission.
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 ortermination of funding, until such time as the Contractor is in
compliance.
C. Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the
Civil Rights Act of 1964, 42 U.S.C. § 2000d, Contractors receiving 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 http://www.lep.qov .
D. Submitting Findings of Discrimination
The Contractor assures that in the event that a Federal or State court or
Federal or State administrative agency makes a finding of 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 CVSC and 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
Agreement. A Fidelity bond is required if employees are not currently covered
by an existing agency blanket coverage.
7 of 11
B. Operating Advance
An operating advance may not be requested by the Contractor.
C. Financial Management Systems
All recipients and subrecipients are required to establish and maintain adequate
accounting systems and financial records and to accurately account for funds
awarded to them. As a recipient, you must have a financial management
system in place that is able to record and report on the receipt, obligation, and
expenditure of grant funds per the Department of Justice Financial Guide,
effective edition.
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:
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
8 of 11
Department's web site:
• https://siqma2web.mdch.state.mi.us/sigrna2/
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
ofife es an d-e armarke.d_sou rces-un less-a spe-cifi cif:kcal:match- con dill sts
F. Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration process to
receive all Sate 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:
• https://wvvvv.coexpress.state.mi.us/
G. Final Obligations and Fiscal Year Expenditure and Program Report
Fiscal Year Expenditure and Program Report is due forty-five (45) days
following the end of the fiscal year agreement period. Fiscal Year Expenditure
and 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.
H. Unobliqated 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.
Audit Due Date and Where to Send
VOCA Grantees are required to submit either a Single Audit or Financial
Statement Audit and any other required submissions (i.e. Corrective Action Plan
and Management letter with a response) to the CVSC by uploading to the
agency's Organization Detail section on the CVSC grants website at URL:
littps://siorna2web.mdch.state.mi.usisioma2/
9 of 11
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:
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
and the Department.
10 of 11
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.
F. The Contractor must submit the final Agreement Amendment Request to the
Department July 31 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_s-ha use or_reveal any researthittgtical_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 ,(MISC. #11255) October 20, 2011
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROSECUTING ATTORNEY - FISCAL YEAR 2012 VICTIM 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 2012 Victims of Crime Act
(VOCA) Grant.
2. The Fiscal Year 2012 award is for the same amount as the Fiscal Year 2011 award.
3. The State's contribution is $66,968 (80%) and the County's contribution is $16,742 (20%). The County
contribution is in the form of in-kind Prosecuting Attorney Office staff position cost.
4. Total program costs is increased to $87,779 due to significant changes in fringe benefit cost between the
application and the acceptance of this grant, a funding shortfall of $20,811 is realized. The Prosecuting
Attorney has chosen to address this shortfall by a one-time reduction of General Fund budgets for
Personal Mileage Expense (Account #731346) of $10,000 and a reduction to Printing Expense (Account
#731388) of $10,811 and transfer this amount to the grant fund budget (Fund #27325).
5. In addition to the match requirements, the County is expected to incur $4,061 in administrative and
support costs, which have been included in the Fiscal Year 2012 Adopted Budget. This grant does not
allow for recovery of those costs.
6. The grant resolution continues to fund one (1) SR FTE position #4010101-135170-09647 Victim Advocate
and recognizes in-kind Prosecuting Attorney Office staff position cost to meet the match requirement in
the amount $16,742.
7. The grant cash match was replaced by in-kind for the FY 2012 grant award.
8. The FY 2012 General Fund (#10100) and Special Revenue Fund (#27325) Budgets are amended as
follows to recognize the grant award and transfer General Fund monies from the Prosecutor's FY 2012
Budget to the grant fund to offset the shortfall:
FY 2012 FY 2012
Adopted FY 2012 Amended
GENERAL FUND #10100 Budget Amendment Budget
Expenditures
4010201-135170-731346 Personal Mile $ 31,796 ($ 10,000) $ 21,796
4010101-135170-731388 Printing $ 59,564 ($ 10.811) $ 48,753
4010101-135170-788001-27325 Transfers Out 0 $ 20,811 $ 20,811
Total General Fund Expenditures $ 91,360 -0- $ 91.360
VOCA GRANT FUND #27325
Revenues
4010201-135170-610313 Grants Federal $ 66,968 $ 0 566,968
4010201-135170-695500 Transfers In $ 17,671 $ 3,140 $ 20,811
Total Grant Revenues $ 84,639 $ 3,140 $ 87,779
Expenditures
4010201-135170-702010
4010201-135170-722740
4010201-135170-731346
4010201-135170-777560
Total Grant Expenditures
Salary $44,144
Fringe Benefits 35,765
Personal Mileage 4,250
Radio Comm. 480
$ 84,639
$ 44,144
7,870 43,635
(4,250)
( 480) 0
$ 3,140 $_87_,779
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #11255 October 20, 2011
Moved by Taub supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman,
Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott,
Taub, Weipert, Woodward, Zack, Bosnic. (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, Bill Bullard Jr., 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
20, 2011, 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 20th day of October, 2011.
ac4/.
Bill Bullard Jr., Oakland County