HomeMy WebLinkAboutResolutions - 2012.09.20 - 20542September 20, 2012
VICTIM ADVOCACY PROGRAM -
MISCELLANEOUS RESOLUTION #12230
BY: Public Services Committee, Jim Runestad, Vice-Chairperson
IN RE: PROSECUTING ATTORNEY – FISCAL YEAR 2013
VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
VVHEREAS 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,
2012 through September 30, 2013; and
WHEREAS this is the thirteenth (13th) 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 2013 application amount of 0112,890 resulted in an award of $83,710; and
WHEREAS the State contribution is $66,968 (80%), the County contribution is $16,742 (20%) and is in
the form of in-kind Prosecuting Attorney Victim Rights Supervisor's salary and FICA fringe benefit cost;
and
WHEREAS the FY2013 award amount of $83,710 is the same as the FY2012 award amount; the FY
2012 cash match requirement of $6,583 is no longer required.
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 Victim Rights
Supervisor's position cost contribution; and
WHEREAS the grant award has been processed through the County Executive Contract Review Process
and the Board of Commissioners Grant Acceptance Procedures,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant
funding from the State of Michigan, Department of Community Health in the amount of $66,968 and
recognizes in-kind Prosecuting Attorney 'Victim Rights Supervisor's salary and FICA fringe benefit cost of
$16,742 to meet the match requirement for the period of October 1, 2012 through September 30, 2013.
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 Victim Rights Supervisor's salary and
FICA fringe benefit 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
GRANT REVIEW SIGN OFF — Prosecuting Attorney
GRANT NAME: FY 2013 Victim Advocacy Program — Victims of Crime Act (VOCA) Grant
FUNDING AGENCY: Michigan Department of Community Health - VOCA
DEPARTMENT CONTACT PERSON: Emily McIntyre 8-1034
STATUS: Grant Acceptance
DATE: August 31, 2012
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 plated 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 (8/28/2012)
Department of Human Resources:
Approved. — Karen Jones (8/28/2012)
Risk Management and Safety:
Approved by Risk Management. — Andrea Plotkowski (R 29/2012)
Corporation Counsel:
There appear to be no 1—
(8/30/2012)
The grant agreement refert
specifically cited complianc,
ire action at this time. — Karen P. Agacinski
TCE
lad/or state regulations. Below is a list of these
Victims of Crime Act (VOCA)
Victim Compensation and Assistance (42 USC Section 10603) .
http://frwebgate3.access.cTo govicgi-biniCiNgate.gginVAISd ocID=B6dva-w/0/3/08.:WAISaction—retri eve
The Public Health and Welfare — Crime Victims Fund (42 USC 10601)
littp://frwebgate5.access.pro.eovkni-biniTEXTgate.cRi7WAISdocID=4264864301391-0 -1-1H-O&WAISaction--retrie,ve
Michigan- Payroll and payments by electronic Muds transfer; implementation - The Management and Budget Act -
"P.A. 533 of 2004"
http ://www.iegislature.rni.gov/(uq31xgelturj5z55z2uiwv45)/milep,.aspx?micie=getObjecit&objectNarne=2003-SB-0850
Single A.udit Act of 1984 (with amendments in 1996)
iittp MrSVVF'. whit eh use. go vl 0mb/financial/ fin single
Federal Office of Management and Budget (01_V1B) Circular No. A-133.
htip ://www. whiTehouse. nov/o mb/circularsia133/a 1 33 . hnn I
Gala Piir
From:
Sent:
To:
Subject:
Agacir,ski, Karen <agacinskik(d)oakgov.com >
Thursday, August 30, 2012 5:21 PM
`McIntyre, Emily'; 'Plir, Gaia'; Julie Secontine; Jones, Karen; Laurie VanPelt; Meiers, Tern;
Malone, Prentiss; West, Catherine
Grant Review: Prosecuting Attorney - FY 2013 Prosecutor's Victim Advocacy Program - Grant
Acceptance
GRANT INFORMATION
Operating Department: Prosecuting Attorney
Department Contact: Emily McIntyre
Contact Phone: 248-858-1034
Document Identification Number:
Funding Period: October 1, 2012 through September 30, 2013
New Facility! Additional Office Space Needs: none
IT Resources (New Computer Hardware / Software Needs or Purchases): none
IWWBV Requirements: Yes - Level 1 Compliance with OMB Ciro -121,1r A-102
Funding: Continuation
Application Total Project Amount: 8112,890
Prior Year Total Funding: $83,710
New Grant Funded Positions Request: No
Changes to Current Positions: continue position #09647
Grantor Funds:_ $66,968
Total Budget: S83,710
Match and Source: $16,742 (current Victim Rights Supervisor's salary & FICA)
PROJECT SYNOPSIS
This VOCA. grant award is to partially fund one existing Victim Advocate position, which provides on-site services to
crime victims in Oakland County courts. These services include crisis intervention, court accompaniment and agency
referrals as well as assistance with compensation and support services.
REVIEW STATUS: Acceptance resolution required
There appear to be no unresolved legal issues that require action at this time.
Thank you,
Karen P. Avaciaski, Assistant Corporation Counsel
Department of Corporation Counsel
1200 N. Telecraph Road, Bldg. 14 East
Courthouse VVest Wing Extension, 3' Floor
Pontiac, MI 48341
Phone Number: (248) 858-8677
Fax Number: (248)858-1003
E-mail: agesinskik(a):oakcov.corn
. PRIV!' PnPn AND CONFIDENTIAL —ATTORNEY OLlENT COMMUNICATION
This e-mail is intended only for those persons to whom It is specifically addressed. It is confidential and is protected by the attorney-client privilege and
work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in
anyway. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those iisted above
may constitute a waiver of this privilege and is therefore prohibited. It you have received this message in error, please notify the sender immediately. If
you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation.
Contract #
CVA# 20687-14V12
Grant Agreement Between
Michigan Department of Community Health
Hereinafter referred to as the "Department"
and
County of Oakland
1200 N. Telegraph Road
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 10/1/2012 and continue through
09/30/2013. 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 net 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 2012-VA-GX-0020 and
the award phase is 2012. 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
Arrinunt. The Contractor's budgeted match amount is $16,742 and is identified on Attachment
B, Budget pages.
The grant agreement is designated as a:
Z Subrecipient relationship; or
Vendor relationship
The grant agreement is designated as:
LI Research and development project; or
Zi Not a research and development project
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.
DOH-0665FY2012-13 1 on 5
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 funds from the federal Victims of
Crime Act of 1984 (VOCA) 42 U.S.C. Section 10601 et seq, P.L.-112-123 to expand
and enhance local crime victim services in Michigan. These funds are awarded to local
community-based non-profit and public agencies that provide direct services to crime
victims to comply with conditions of the federal Victims of Crime Act (VOCA) of 1984,
sections 1404(3)(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). Funds will be awarded only to
eligible victim assistance organizations, 42 U.S.C. 10603(a)(2). Funds under this award
will not be used to supplant State and local public funds that would otherwise be
available for crime victim assistance, 42 U.S.C. 10603(a)(2). Funds will be allocated in
accordance with program guidelines or regulations implementing 42 U.S.C.
10603(a)(2)(A) and 42 U.S.C. 10603(a)(2)(13) to, and at a minimum, assist victims in the
following categories: sexual assault, child abuse, domesticNiolence, and underserved
victims of violent crimes as identified by the State of Michigan. Victims of Crime Act
(VOCA) assistance funds are competitively awarded to local community-based
organizations that provide direct services to victims of crime.
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 0 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 Victims of Crime Act Victim Assistance Grant Assurances, 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
DCH-oe65FY20 2 of 15
Laurie Van Pelt
Budget
Director of Management and
Name (PIPn -qo print) Title
as the Contract Manager) is Leslie O'Reilly, Program Specialist, Victim Assistance Grants,
Crime Victim Services Commission, 320 S. Walnut, Lansing, Michigan 489r13; telephone:
(517) 241-5249; fax: (517) 373-2439; and oreillylmichigan.gov for internet e-mail.
9. Contractor's Financial Contact for the Agreement:
The person acting for the Contractor on the financial reporting for this agreement is:
Name Title
vanpeltlp„oakgov.com (248) 858-2163
E-Mail Address Telephone No.
Special Conditions:
A. This agreement is valid upon approval by the State Administrative Board as
appropriate and approval and execution by the Department.
This agreement is conditionally approved subject to and contingent upon the
availability of funds.
C. The Department will not assume any responsibility or liability for costs incurred
by the Contractor prior to the signing of this agreement.
D. The Contractor is required by PA 533 of 2004 to receive payments by
electronic funds transfer.
11. Special Certification:
The individual or officer signing this agreement certifies by his or her signature that he
or she is authorized to sign this agreement on behalf of the responsible governing
board, official or Contractor.
12. Signature Section:
For the CONTRACTOR
10.
n.-,+„ LI C.7 Signqturn,
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Kim Stephen, Director Bureau of Budget and Audit
DCH-0665FY20 1213 3 of 15
Part II
General Provisions
1. 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
r-,nrri-rnt-t herein; the nc,-,C rin G n l IIPnGOG.
4. The Contractor must notify the Departme nt's G rants 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 quppnrtawl 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.
DC F1-0665 FY2012-13 4/21(w) 4 of 15
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 hove 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, Financial
Related Audit is applicable to non-profit contractors that are designated as
subrecipients. 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. VOCA Grantees are required to provide either the Single Audit or
Financial Statement Audit regardless of amount.
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 Related Audit
Contrators that are for-profit organizations that expend $500,000 or more
in Federal awards during the Contractor's fiscal year must submit a
financial related audit prepared in accordance with Government Auditing
Standards relateing to all Federal awards; or an audit that meets the
requirements contained in OMB Circular A-133, if required by the Federal
5 of 15 LDCH-0665 FY20Y2-13 41.21(w)
awarding agency.
c. Financial Statement Audit
Contractors exempt from the Single Audit requirements that receive
$500,000 or more in total funding from the Department in State and
Federal grant funding must submit to the Department a Financial
Statement Audit prepared in accordance with generally accepted auditing
standards (GAAS). Contractors exempt from the Single Audit
requirements that receive less than $500,000 of total Department grant
funding must submit to the Department a Financial Statement Audit
prepared in accordance with GAAS if the audit includes disclosures that
may negatively impact MDCH-funded programs including, but not limited
to fraud, going concern uncertainties, financial statement misstatements,
and violations of contract and grant provisions.
d. 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-
AuditReportsAmichigamgov. 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
DCH-0665 FY2012-13 4/21(w) 6 cf 15
withheld if the Contractor is more than 120 days delinquent in meeting the
filing requirements and an extension has not been approved by the
cognizant or oversight agency for audit. The Department may terminate
the current grant if the Contractor is more than 180 days delinquent in
meeting the filing requirements and an extension has not been approved
by the cognizant or oversight agency for audit.
b. Delinquent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter, when required, may
result in withholding from the current funding an amount equal to one
percent of the audit year's grant funding until the Audit Status Notification
Letter is received.
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 reasonabie 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 CFP,, Part 46 and
[CI--O66 5 FY2012-13 4/2'.(w) 7 of 15
DOJ regulations 28 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 assured IRB, but the Department's IRB can only accept the
review and approval of another institution's IRB under a formally-approved
interdepartmental agreement. The manner of the review will be agreed upon between
the Department's IRB Chairperson and the Contractor's IRB Chairperson or Executive
Officer(s).
Responsibilities - Department
The Department in accordance with the general purposes and objectives of this agreement
will:
A. Reimbursement
Provide reimbursement in accordance with the terms and conditions of this agreement
based upon appropriate reports, records, and documentation maintained by the
Contractor.
B. Report Forms
Provide any report forms and reporting formats required by the Department at the
effective date of this agreement, and provide to the Contractor any new report forms
and reporting formats proposed for issuance thereafter at least ninety (90) days prior to
their required usage in order to afford the Contractor an opportunity to review and offer
comment.
Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
The Contractor will comply with applicable federal and state laws, guidelines, rules and
regulations in carrying out the terms of this agreement. The Contractor will also comply
with all applicable general administrative requirements such as OMB Circulars covering
cost principles, grant/agreement principles, and audits in carrying out the terms of this
agreement.
B. Anti-Lobbying 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. For further federal Anti-Lobbying
Act compliance refer to Attachment E, Section III. Assurances B.
C. Non-Discrimination
1. In the performance of any contract or purchase order resulting herefmm, the
Contractor agrees not to discriminate against any employee or applicant for
DCH-0665 FY2D12-13 4i21(w; 8 et 15
DCH-0665 FY2012-13 4/21(w) 9 of 15
employment or service delivery and access, with respect to their hire, tenure,
terms, conditions or privileges of employment, programs and services provided
or any matter directly or indirectly related to employment, because of race, color,
religion, national origin, ancestry, age, sex, height, weight, marital status,
physical or mental disability unrelated to the individual's ability to perform the
duties of the particular job or position or to receive services. The Contractor
further agrees that every subcontract entered into for the performance of any
contract or purchase order resulting herefrom will contain a provision requiring
non-discrimination in employment, service delivery and access, as herein
specified binding upon each subcontractor. This covenant is required pursuant
to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et
seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as
amended, MCL 37.1101 at 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 (FL. 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 (Pl. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse;
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.
g.
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
a public (federal, state, or local) transaction or contract under a public
transaction; violation of federal or state antitrust statutes or commission of
embe77Iement, 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.
:2JCH-0665 FY2012-13 4I21(w) 10 of 15
F. Hatch Political Activity Act and Intergovernmental Personnel Act
The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1509 and
7324-7328, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of
the Civil Service Reform Act, Public Law 95-454, 42 USC 4728 - 4763, Federal funds
cannot be used for partisan political purposes of any kind by any person or organization
involved in the administration of federally-assisted programs.
G. Subcontracts
Assure for any subcontracted service, activity or product:
1. That a written subcontract is executed by all affected parties prior to the initiation
of any new subcontract activity. Exceptions to this policy may be granted by the
Department upon written request within 30 days of execution of the agreement.
2. That any executed subcontract to this agreement shall require the subcontractor
to comply with all applicable terms and conditions of this agreement. In the event
of a conflict between this agreement and the provisions of the subcontract, the
provisions of this agreement shall prevail.
A conflict between this agreement and a subcontract, however, shall not be
deemed to exist where the subcontract:
a. Contains additional non-conflicting provisions not set forth in this
agreement;
b. Restates provisions of this agreement to afford the Contractor the same or
substantially the same rights and privileges as the Department; or
c. Requires the subcontractor to perform duties and/or services in less time
than that afforded the Contractor in this agreement.
3. That the subcontract does not affect the 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
L) y 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:
DCH-C66.5 F12012-13 4i21(w) 11 of 15
1. The Contractor must not share any protected health data and information
provided by the Department that falls within HIPAA requirements except as
permitted or required by applicable law; or to a subcontractor as appropriate
under this agreement.
2. The Contractor will ensure that any subcontractor will have the same obligations
as the Contractor not to share any protected health data and information from the
Department that falls under HIPAA requirements in the terms and conditions of
the subcontract.
3. The Contractor must only use the protected health data and information for the
purposes of this agreement.
4. The Contractor must have written policies and procedures addressing the use of
protected health data and information that fells under the HIPAA requirements.
The policies and procedures must meet all applicable federal and state
requirements including the HIPAA regulations. These policies and procedures
must include restricting access to the protected health data and information by
the Contractor's employees.
5. The Contractor must have a policy and procedure to 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.
6. Failure to comply with any of these contractual requirements may result in the
termination of this agreement in accordance with Part II, Section V. Agreement
Termination.
7. In accordance with HIPAA requirements, the Contractor is liable for any claim,
loss or damage relating to unauthorized use or disclosure of protected health
data and information 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 HIP'AA.
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
DCH•0665 FY2CY 2-13 4121(w; 12 of 15
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://sigma2web.mdch.state.mi .us/sigma2/
Failure to meet financial reporting responsibilities as identified in this agreement may
result in withholding future payments.
D. Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration process to receive
all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits, as
mandated by PA 533 of 2004. Vendor registration information is available through the
Department of Management and Budget's web site:
• http://michigan.gov/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 III.D. of this
agreement during the term of this agreement or any extension thereof.
VI. Final Reporting Upon Termination
Should this agreement be terminated by either party, within thirty (30) days after the
termination, the Contractor shall provide the Department with all financial, performance and
DCH-0665 FY2012-13 4/21(w) 13 of 15
other reports required as a condition of this agreement. The Department will make payments
to the Contractor for allowable reimbursable costs not covered by previous payments or other
state or federal programs. The Contractor shall immediately refund to the Department any
funds not authorized for use and any payments or funds advanced to the Contractor in excess
of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall
be resolved in the State of Michigan.
VII. Severability
If any provision of this agreement or any provision of any document attached to or incorporated
by reference is waived or held to be invalid, such waiver or invalidity shall not affect other
provisions of this agreement.
VIII. Amendments
Any changes to this agreement will be valid only if made in writing and accepted by all parties
to this agreement. Any change proposed by the Contractor which would affect the Department
funding of any project, in whole or in part in Part I, Section 2.C. of the agreement, must be
submitted in writing to the Department for approval immediately upon determining the need for
such change.
IX. Liability
A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities, such as direct service delivery, to be carried out by
the Contractor in the performance of this agreement shall be the responsibility of the
Contractor, and not the responsibility of the Department, if the liability, loss, or damage
is caused by, or arises out of, the actions or failure to act on the part of the Contractor,
any subcontractor, anyone directly or indirectly employed by the Contractor, provided
that nothing herein shall be construed as a waiver of any governmental immunity that
has been provided to the Contractor or its employees by statute or court decisions.
B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities, such as the provision of policy and procedural
direction, to be carried out by the Department in the performance of this agreement
shall be the responsibility of the Department, and not the responsibility of the
Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or
failure to act on the part of any Department employee or agent, provided that nothing
herein shall be construed as a waiver of any governmental immunity by the State, its
agencies (the Department) or employees as provided by statute or court decisions.
C. In the event that liability to third parties, loss, or damage arises as a result of activities
conducted jointly by the Contractor and the Department in fulfillment of their
responsibilities under this agreement, such liability, loss, or damage shall be borne by
the Contractor and the Department in relation to each party's responsibilities under
these joint activities, provided that nothing herein shall be
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.
DCH-0665 FY2012-13 4/2w1 14 of 15
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 FY2 012-13 4121( w) 15 of 15
Versioh: All Other
Programs
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
FY 12/13 AGREEMENT ADDENDUM A
1. This addendum modifies the following sections of Part II, General Provisions:
Part II
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.
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.
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.
Version: NI Other
Programs
2. Special Certification:
The individual or officer signing this agreement certifies by his or her signature that he or she is
authorized to sign this agreement on behalf of the responsible governing board, official or
Contractor.
3. Signature Section:
For the COUNTY OF OAKLAND
Name and Title Date
Date Signature
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Kim Stephen, Deputy Director
Operation Administration
Date
ATTACHMENT A
STATEMENT OF WORK
FY 2012 - 2013
AT," nr•u Rit MOT A. P.4 ! 11411..11 I
Subrecipient relationship; or
Li Vendor relationship.
The grant agreement is
designated as:
Research and development
project; or
Z Not a research and
development project.
Statement of Work
Purpose and Activities
A. The focus of the program is to provide funds from the federal Victims of Crime Act of
1984 (VOCA) 42 U.S.C. Section 10601 et seq, P.L.-112-123 to expand and enhance
local crime victim services in Michigan. These funds are awarded to local community-
based non-profit and public agencies that provide direct services to crime victims to
comply with conditions of the federal 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). Funds will be awarded only to eligible
victim assistance organizations, 42 U.S.C. 10603(a)(2). Funds under this award will
not be used to supplant State and local public funds that would otherwise be available
for crime victim assistance, 42 U.S.C. 10603(a)(2). Funds will be allocated in
accordance with program guidelines or regulations implementing 42 U.S.C.
10603(a)(2)(A) and 42 U.S.C. 10603(a)(2)( B) to, and at a minimum, assist victims in
the following categories: sexual assault, child abuse, domestic violence, and
underserved victims of violent crimes as identified by the State of Michigan. Victims of
Crime Act (VOCA) assistance funds are competitively awarded to local community-
based organizations that provide direct services to victims of crime.
B. 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.
C. 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.
D. Program guidelines distributed 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.
ATTACHMENT B
BUDGET DETAIL
FY 2012 - 2013
E Amended Bud et — N
CVA PROJECT NUMBER
20687-14V12
CVA PROJECT PERIOD
10/1/2012— 09/30/2013
FISCAL YEAR
2013
BUDGET SUMMARY SOURCE OF FUNDS
BUDGET
CATEGORY
SALARIES AND
WAGES
VOCA Federal
AMOUNT
$44,138
Local Match
AMOUNT
S16,742
SOURCE
FEDERAL
AMOUNT PERCENTAGE I
$66,968 80% I
Total Amount
$60,880
20% GRANTEE $16,742
100% TOTAL $83,710 $22.830
S 0
n
$
$ 0
$66,968
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. Nancy Scarlet, Director, Human Resources
2100 Pontiac Lake Road
Waterford, Michigan 48328
(248) 858-0537
scarletn@oakgov.com
ATTACHMENT B
Michigan Department of Community Health
Victims of Crime Act Victim Assistance Grant
Program Budget Summary
X Original Budget
GRANTEE
County of Oakland
IMPLEMENTING AGENCY
Oakland County Prosecutor's Office
FEDERAL EMPLOYER IDENTIFICATION NUMBER
38-6004876
PROGRAM AREA
Victims of Crime
I PROJECT TITLE
Prosecutor's Victim Advocacy Program
VOLUNTEERS
FRINGE BENEFITS
TRAVEL
SUPPLIES AND
MATERIALS
CONTRACTUAL
EQUIPMENT
OTHER EXPENSES
TOTAL
Board
Grantee Contract Officials:
Authorizing Official:
Mr. Michael Gingell, Chair-Oakland Cty
of Commissioners
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) 241-5249
E-MAIL: OHEILLYLgmichrgan.gov
FAX: (517) 373-2439
Alexandra Cruz, VOCA Grants Technician
Questions about intelliGrants grants management system.
PHONE: (517) 241-5255
E-MA1L: CruzA2@michigan.gov
Laura Geist, VOCA Grants Technician
PHONE: (517) 241-5241
E-MAIL: GeistLl@michigan.gov
Sherri Buck, Accounting Technician
Questions concerning grant payments and audit verification requests
PHONE: (517) 241-5266
E-MAIL: BuckS2@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 autnority of he Victims of Crime Act of 1984; Page 1 of 96
CFDA016-575 Crime Victim AssistanceL2S. Department of Justice
ATTACHMENT B.1
View at 100% or Larger
Use WHOLE DOLLARS Only
PROGRAM BUDGET SUMMARY
MICHiGAN DEPARTMENT OF COMMUNITY HEALTH
1 PROGRAM • DATE PREPARED Page 1 Of 2 1 Crime Victim Services Commission 8/14/2012 I .
CONTRACTOR NAME BUDGET PERIOD
County of Oakland From: 10/1/2012 To: 09/30/2013
MAILING ADDRESS (Number and Street) BUDGET AGREEMENT AMENDMENT #
1200 N. Teiegraph Road X ORIGINAL AMENDMENT
CITY I STATE ZIP CODE FEDERAL ID NUMBER
Pontiac [1 Michigan 48341 38-6004876
,
EXPENDITURE CATEGORY TOTAL BUDGET
, , 1. SALARIES & WAGES $60,880 60880
1.b. VOLUNTEERS 0 ' 0
?. FRINGE BENEFITS $22,830 ' $22,830
3. TRAVEL $ 0 ' 0
4. SUPPLIES & MATERIALS $ 0 0
5. CONTRACTUAL (Suboontracts/Subrecipients) 0 $ 0
i 6. EQUIPMENT $ 0 $ 0
7. OTHER EXPENSES
$ 0 $ 0
_
8. TOTAL DIRECT EXPENDITURES $83,710 1 1 $83,710
.
(Sum of Lines 1-7)
9. INDIRECT COSTS: Rate #1 % 1
,
INDIRECT COSTS: Rate #2 %
1 1
10. TOTAL EXPENDITURES $83,710 $0 $0 $83,710
SOURCE OF FUNDS
I 11, FEES & COLLECTIONS
12. STATE AGREEMENT $66,968 $66,968
13. LOCAL $16,742 $16,742
14, FEDERAL ,
5. OTHER(S)
$ 0 $ 0
16. TOTAL FUNDING $83,710 $0 $0 $83,710 i
AUTHORITY: P.A. 368 of 1978 The Department of Community Health is an equal COMPLETION: Is Voluntary, but is required as a condition of funding opportunity employer, services and programs provider.
DCH-0385 FY 09110 4/09 (W) Previous Editions Obsolete
From:
10/1/2012
BUDGET PERIOD
I To:
1 09/30/2013
PROGRAM BUDGET - COST DETAIL SCHEDULE
View at 100% or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Use WHOLE DOLLARS Only _ PROGRAM
Crime Victim Services Commission
ATTACHMENT B.2
Page 2 of 2
DATE PREPARED
8/14/2012
CONTRACTOR NAME : BUDGET AGREEMENT AMENDMENT # • , County of Oakland EORIGINAL EAMENDMENT -r
1. SITION DESCR
SALARY & WAGES ' POSITIONS COMMENTS TOTAL SALARY O PIPTION REQUIRED
Emily McIntyre Hancook,Victim Rights 0.31 $16.742
Jennifer DeMerItt,Victim Advocate 1.0 $44,138
. TOTAL SALARIES & WAGES: 1,31 $60,880
1 b. VOLUNTEERS
on $ 0 1. TOTAL VOLUNTEERS:
2. FRINGE BENEFITS (Specify)
X FICA X LIFE INS. X DENTAL INS. COMPOSITE RATE
X UNEMPLOY INS. VISION INS. XWORK COMP. AMOUNT 37.5% .
X RETIREMENT HEARING INS. ,
HOSPITAL INS, OTHER (specify) 2. TOTAL FRINGE BENEFITS: $22,830
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)
$O
4. TOTAL BUPPLiES & MATERIALS: tRIALS:
5. CONTRACTUAL (Specify Subcontracts/Subrecipients)
Name Address Amount
$ 0 5. TOTAL CONTRACTUAL:
6. EQUIPMENT (Specify items)
$ 0
6. TOTAL EQUIPMENT:
7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures)
$ 0 7. TOTAL OTHER:
. 8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) 8. TOTAL DIRECT EXPENDITURES: $83,710
9. INDIRECT COST CALCULATIONS Rate #1: Base $0 X Rate 0.0000 % Total $ 0
, Rate #2: Base $0 X Rate 0.0000 % Total $ 0
9. TOTAL INDIRECT EX.PENDITURES: $ 0
10. TOTAL EXPENDITURES (Sum of lines 8-9) $83,710
AUTHORITY: PA, 368 011978 1 The Department of Community health is an epual opportunity employer, services
COMPLETION: Is Voluntary, but is required as a bonciition of funding I and programs provider,
DCH -O386 (E) (Rev_ 5 -09) (w) Previous Editions Obsolete. Use Additional Sheets as Needed
DCH-0386 i=Y2011 do:: 7/10 0./V)
VOCA Federal
Amount
$44,138
Local Match
Amount
$16,742
Total Project
Amount
$60,880
= Percent Project
Amount/ Current
Totals Project
Amount
73%
$01 $01 $O '70
0
566,968
$0
16,742
80! 0%
$83,710
0
$0
SO 0%
$22,830 $01 $22,830 27%
$O
$0
$O
0%
0%
0% $0
20% 100%
Amount
$16,742
Total
SO
$16,742
$16,7421
$16,742
$16,742
Volunteer Title Total Volunteer
Value
Hourly Salary
Rate Gross Wages Hours Devoted
Total Volunteers
FICA (at
7.65%)
so
Salaries and Wages
Middl
Initial Last Name Title Hourly
Salary Rate
Hours
Devoted
Local Match
Amount
Total Project
Amount
Jennifer Victim
Advocate $44,138 $01 $44,138
McIntyre
Hancook
Victim
Rights
Supervisor
$25,65 $16,742 $16,742
Total Salaries and Wages 544,138 $16,7421 $60,880
Personnel Budget Detail Worksheet (Contributing)
Printable Budget Page 1 of 5
CVA Number 20687-14v12
Agency: County of Oakland
Project Period: 10/01/2012 - 09/30/2013
Document Number: VOCA-2013-County of -00022
Budget Summary
Budget Line item
Salaries and Wages
Volunteer
Fringe Benefits
Travel
Supplies and Materials
Consultant/Contractual
Equipment
Other Expenses
Current Totals
Current Percentages 1 80%
Match
Source and method of calculating match
Emily McIntyre Hancook -Salary and Fringes (CVSC VR funding)
Current Cash Match Current In-Kind Match
$16,742
Current Total
Matcn
Volunteer
https://sigrna2web.mdch.state.rni.us/sigmalimoduleirnievsciprintablebudget.aspx 8/17/2012
$21,22
520
$21.22
520
$44,138 $11,034.40 $11,034.40
$9
$338
$0
$0
$37
4,778
$338
$0
$0
$37
$3.479
S utaton
s,
Title
First Name Middle Initial Last Name
DeMeritt
Educational Requirement
Employment Begin Da
10/01/2012
BA,
Employment End Date
09/30/2013
12nd
1st Quarter 10/1 - 12/31 Quarter
.1/1 - 3/31
Jennifer
Victim Advocate
1Sala
Rate per hour
VOCA hours per quarte
Non-VOC-A hours per
quarter
Total gross wages
'Actual Wage
$21.221 $21.22
520 520
$11,034.401$11,034.40
Fringe Benefits Mandated
FICA (7.65% of salary)
Unemployment
Calculated Maximum
FICA
(i/o) x Prorated share 100
x 9000 0.44 (Rate
Worker's Compensation
Hours
I Devoted
2080
$3,377
$42
Fringe Benefits Voluntary
Dental Insurance
Hearing Insurance
Hospital insurance
Life Insurance
Retirement
Vision Insurance
Fringe Benefits - Other
$338 $338
;0 $0
$0 $0
$37 $37
4,778 $4,778
(Rate! $0.22 per $100 $98
Last
Name
Emily Emily
First Name 'Middle initial Salutation
Ms. McIntyre
Hancook
Printable Budget Page 2 of 5
3rd Quarter 4/1 -
6/30
4th Quarter 711 -
9/30
Federal VOCA
Amount
$44.138
$44.138
Local Match Total Project
Amount Amount
$0 $44.138
Salary Sub Total' $44, 38
$3,377
$42
$1,352
$0
$0
$148
17,613
$0
$0
$0
$0
$0
Fringe Sub Total
Total Salary & Fringe
$0
$22,830
$66,968
Victim Rights Supervisor Title !Victim Right
Educational Requirement
Employment Begin Date
10/01/2012
Salary
Rate per hour
Other
Employment End Date
09/30/2013
1st Quarter 10/1 - 12/31 4th Quarter 7/1 -
9/30
$2665
2nd 13rd Quarter 4/1 - Quarter 1 6/30 1/1 - 3/31
$25.651 $25,651 $25.65
tittps://sigma2web.mdch.state.mi.usisigma2lmoduleimicvsciprintablebudgetaspx 8/17/2012
Total gross wages $4,180.951$4,180.95 $4.180.95 $4,206.601 $16,749
Actual Wage
Hours
Devoted
653
Federal VOCA Local Match
Amount Amount
$0 $16,742
Salary Sub Total
$16,742
Total Project
Amount
$16,742
$16.742
Page 3 of 5 Printable Budget
VCCA hours per quarter
.lon-VOCA hours per
luarter
53{ 163 64
Calculated Maximum
FICA $1,281
%) x Prorated share 31 x
9000
per $100
$0
$0
$0
$0
$0
So
$0
$0
0
$0
SO
$0 $0
SO
$O
SO
SO
$O
SO
$0
SO
SO
$O
$16.742
SOL
Fringe Sub Tata
Total Salary & Fringe,
SO
$0
$0
$0
0
0
SO
SO
SO
SO
SO
SO
Fringe Benefits
Description
FICA
Unemployment
Workers Compensation
Dental insurance
Hearing Insurance
Hospital Insurance
Life Insurance
Retirement
Vision Insurance
Other
Total Fringe Benefits
Final Total Fringe Benefits
VOCA Federal
Amount
$3,377
$42
$98
$1,352
$0
SO
S148
$17,813
$O
SO
$22,830
$22.830
Local Match
Amount
$0
$0
$0
$0
$0
$0
SO
$0
$0
$0
$0
$0
Total12---1,ct
Amount
$3,377
$42
$98
$1,352
SO
$0
$148
$17,813
$0
$O
$22,830
$22,830
Travel
Description Number
of Miles
Mileage
Rate
Lodging
Cost
Meals
Cost
Number of)
Daysl Total
Federal
VOCA
Amount
Local Match
Amount
Total Project
Amount
$0
https://si urna2web .nadch. stat e.mi. us/si gmannodul e/in cvs e/printabl eb udget. asp x
$0
$0
8/17/2012
Fringe Benefits Mandated
FICA (7.65% of salary)
Unemploymen
(Ratel
ker's Compensation
(kat
Frinae Benefits - Volunta
Dental insurance
Hearing Insurance
Hospital Insurance
Life Insurance
Retiremen
Vision Insurance
Fringe Benefits - Other
$O
Final Total Travel
Printable Budget Page 4 of 5
0 0
$0
$O
$0
Description Explanation Quantity Federal VOCA
Amount
il Match
Amount
Total Project
Amount Unit Price Lac
Total Supplies and Materials
Final Total Supplies and Materials
$0 SO $0
$0 $0 $0
Item Quantity Purchase Price
Final Total Equipments
Total Equipments
Monthly Lease
Federal VOCAI Local Match
Amount! Amount
$0 1 $0
$01 $0
Total Project
Amount
SO
$0
$0
$0
$0
$0
$0
$0
$0
Supplies and Materials
SO
$0
$0
$0
$0
$D
,
ConsultantlContractual
Hourly ' Contractor Contractor ddress Hourly r Daily Hours or Federal VCCA Local Match Total Project
1
Days [A Name Company lor Daily Salary Amount Amount Amount
-.
Total Consultant/Contractual -
Equipment
Other Expenses
Space Expenses
Address
Communication Expenses
Type of Communication
Square Feet Amount per
Square Foot
Monthly Fee
Federal VOCA
Amount
Federal VC)CA
Amount
Local Match
Amount
Local Match
Amount
Total Project
Amount
so
so
Total Project
Amount
" So
haps://sigria2web.mdch.state.mi.us/sigma2/module/tnicvse/printablebudget.aspx 8/17/7012
$0
$01
$0
Emergency Financial Assistance Expenses 1Maximum Amount 1 Federal VOCA1 Local Match
Number of Victims Per Case 1 Amount" Amount
Memberships
Organization Name
Other Expenses
Total Other Expenses
Final Total Other Expenses
$0
0 —
Total Project
Amount
$0
Total Project
Amount
$0
$0
$0
Total Project
Amount —
so
so
7-6
so
0
0
$0
$0
Federal VOCA
Amount
Local Match
Amount
$0
$01 $0
Printable Budget Page 5 of 5
Yearly Federal VOCA
Membership Feel Amount
Local Match
Amount
https://signa2web.mcieh.state.mi.us/sigma2/modulelmievsclprintablebudget.aspx. 8/17/7012
ATTACHMENT C
PERFORMANCE AND
PROGRESS REPORT
REQUIREMENTS
FY 2012 -2013
ATTACHMENT C
PERFORMANCE / PROGRESS REPORT REQUIREMENTS
FY 10/1/2012 — 9/30/2013
A. The Contractor snail submit the following reports on the following dates:
October 30, 2012 Constitutional Victims' Rights Notice due
November 30, 2012 October Monthly Financial Report
December 30, 2012 November Monthly Financial Report
January 20, 2013 1 st Quarterly Program Report (10/1/2012 - 12/31/2012)
January 30, 2013 December Monthly Financial Report
February 28, 2013 January Monthly Financial Report
March 30, 2013 February Monthly Financial Report
April 20, 2013 2nd Quarterly Program Report (1/1/2013- 3/31/2013)
April 30, 2013 March Monthly Financial Report
May 30, 2013 April Monthly Financial Report
June 30, 2013 May Monthly Financial Report
July 20, 2013 3rd Quarterly Program Report (4/1/2013 - 6/30/2013)
July 30, 201 3 June Monthly Financial Report
July 31, 2013 Contractor shall submit final Agreement Amendment Request.
Contractor required to advise Commission if funds may not be
used during fiscal year (10/1/2012 - 9130/2013).
August 30, 2013 July Monthly Financial Report
September 30, 2013 August Monthly Financial Report
October 20, 2013 4`n Quarterly Program Report (7/1/2013 - 9/30/2013)
October 30, 2013 September Monthly Financial Report
November 15, 2013 FY 2012-13 Expenditure & Program Report
(10/1/2012 - 9/30/2013)
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 2012 - 2013
DUE DATE: NOVEMBER 15, 2013
Contractor shall enter Fiscal Year Expenditure and Program Report at URL:
https://sigma2web.mdch.state.mi.usisigma2
ATTACHMENT E
ViCTIMS OF CRUVIE ACT
VICTIM ASSISTANCE
GRANT ASSURANCES
FY 2012 - 2013
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. FundinAcknowledgement
Assure that appropriate funding acknowledgment is included in all materials
publicizing or resulting from award activities, in press releases, program
brochures, annual reports and other information about the project. The funding
agency for your victim assistance project is the Michigan Crime Victim Services
Commission, not the federal agency. The source of funds is the Crime Victims
Fund, established by the Victims of Crime Act of 1984. Acknowledgment of
support should be in the following format:
This project (agreement project title) was
supported by Crime Victim Assistance Grant Award CVA# awarded
to the (applicant agency) by the Michigan Crime Victim
Services Commission, Michigan Department of Community Health. The grant
award of $ (80% of the project), comes from the Federal
Crime Victims Fund, established by the Victims of Crime Act of 1984. The
(applicant agency) provides the required match by [the
use of volunteers (# of volunteer hours valued at $) or
(identify source of cash match)]
1 of 11
If a publication is provided as part of this award, the publication shall include the
following statement: The opinions, findings, and conclusions or recommendations
expressed in this publication/program exhibition are those of the author(s) and do
not necessarily reflect the view of the U.S. Department of Justice or the Michigan
Department of Community Health."
C. Program Operation
1. Provide the necessary administrative, professional, and technical staff for
operation of the program. The project must be operational within sixty (60)
days of the original starting date of the agreement period. The Contractor
must submit documentation to the Crime Victim Services Commission
explaining the reasons for delay, the steps taken to initiate the project, and
the expected starting date. If the project is not operational within ninety (90)
days of the original starting date of the agreement period, the Contractor
must submit further documentation explaining the delay. The Crime Victim
Services Commission may at this time cancel the project or extend the
implementation date.
2. Assist crime victims in seeking available crime victim compensation benefits.
3. Incorporate the use of volunteers unless the Department determines
compelling reasons exist to waive this requirement.
4. The Contractor, if a domestic violence shelter program funded by the
Domestic Violence Prevention and Treatment Board (DVPTB), must
maintain compliance with the DVPTB comprehensive services grant.
D. Record 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-
2_ of 11
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 General, 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, oniy 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:
'3 o f 11
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.
ill. Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
1. The Contractor assures to the State that it will comply with the applicable
provisions of the federal 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 VOCA Program Guidelines and Regulations) and the
requirements of the current edition of the Office of Justice Programs (0JP)
Financial Guide, 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. The focus of the program is to provide
funds from the Victims of Crime Act of 1984 (VOCA) to enhance crime victim
services in Michigan. These funds are awarded to local community-based
non-profit and public agencies that provide direct services to crime victims to
comply with conditions of the federal 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). Funds will be awarded only to eligible victim assistance
organizations, 42 U.S.C. 10603(a)(2), Funds under this Agreement will not
be used to supplant State and local public funds that would otherwise be
available for crime victim assistance, 42 U.S.C. 10603(a)(2). Funds will be
allocated in accordance with program guidelines or regulations
implementing 42 U.S.C. 10603(a)(2)(A) and 42 U.S.C. 10603(a)(2)(B) to,
and at a minimum, assist victims in the following categories: sexual assault,
41 of 11
child abuse, domestic violence, and underserved victims of violent crimes as
identified by the Michigan Crime Victim Services Commission. The purpose
of this competitive grant is to expand and enhance local services available
to crime victims.
2. The Contractor assures that it is an eligible crime victim assistance program
is operated by a public agency or a nonprofit organization that provide direct
services to victims of crime, The Contractor assures that it utilizes
volunteers in providing such services. The Contractor assures that it can
demonstrate a record of providing effective services to victims of crime. The
Contractor can demonstrate substantial financial support from sources other
than the VOCA Grant, The Contractor assures that it promotes within the
community served coordinated public and private efforts to aid crime victims.
The Contractor assures that it assists potential recipients in seeking crime
victim compensation benefits. The Contractor assures that it does not
discriminate against victims because they disagree with the way the State is
prosecuting the criminal case,
3. The Contractor assures that 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 Contract Manager of said finding. The Contractor is
also obliged to apprise the Contract Manager 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, if outstanding audit
issues (if any) from OMB Circular A-133 audits (and any other audits of OJP
grant funds) are not satisfactorily and promptly addressed, as further
described in the current edition of the OJP Financial Guide, 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 -
Mail:
Office of the Inspector General
U.S. Department of Justice
5 of 11
Investigations Divisions
950 Pennsylvania Avenue, NAN
Room 4706
Washington, DC 20530
e-mail: oio.hotlineausdoi.dov
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.dov/oig
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, 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 will
authorize representative of OVC and OCF0 access to and the right to
examine all records, books, paper or documents related to the VOCA grant.
10. The Contractor understands that all OJP awards are subject to the National
Environmental Policy act (NEPA, 42 U.S.C. section 4321 et seq.) and other
related Federal laws (including the National Historic Preservation Act), if
applicable. The Contractor agrees to assist OJP in carrying out its
responsibilities under NEPA and related laws, if the Contractor plans to use
VOCA funds (directly or through subaward or contract) to undertake any
activity that triggers these requirements, such as renovation or construction.
(See 28 C.F.R. Part 61, App. D.) The Contractor also agrees to comply with
all Federal, State, and local environmental laws and regulations applicable
to the development and implementation of the activities to be funded under
this award.
12. The Contractor agrees to provide information on the activities supported and
an assessment of the effects that the VOCA victim assistance funds have
had on services to crime victims within the State for a one year period
October 1, through September 30.
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
6 of 11
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.
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 or termination of funding, until such time as the Contractor is in
nr,rinnlianne tpli ,
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 ://wvvw. I e p. goy.
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
7 of 11
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.
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
8 of 11
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
Department's web site:
• https://sigma2web.mdch.state.mi.us/sigma2/
Failure to meet financial reporting responsibilities as identified in this
agreement may result in withholding future payments.
E. Reimbursement Method
The Contractor will be reimbursed in accordance with the staffing grant
reimbursement mechanism as follows
Reimbursement from the Department based on the understanding that
Department funds will be paid up to the total Department allocation as agreed to
in the approved budget. Department funds are first source after the application
of fees and earmarked sources unless a specific local match condition exists.
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://www.cpexpress.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
9 of 1 1
reporting deadline wiU 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 years agreement amount.
H. Unobligated Funds
Any unobligated balance of funds held by the Contractor at the end of the
agreement period will be returned to the Department along with the Fiscal Year
Expenditure and Program Report. If an audit disallows costs, the Contractor will
forward the amount of the disallowed costs to the Crime Victim Services
Commission within thirty (30) days of such notification. Failure to do so will
result in such deficiency being reported to the Department of Treasury and may
be cause for cancellation of current agreement.
1. rliaUe ,..,r`ate 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:
https://sigma2web.mdch.state.mi.us/sioma2/
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.
5. 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
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
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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 wades 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.
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,
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 shall use or reveal any research or statistical information
furnished under this program by any person, and identifiable to any specific
private person, for any purpose other than the purpose for which such
information was obtained, in accordance with VOCA. Such information, and any
copy of such information, shall be immune from legal process and shall not,
without the consent of the person furnishing such information, be admitted as
evidence or used for any purpose in any action, suit, or other judicial, legislative,
or administrative proceeding. (See Section 1407(d) of VOCA, codified at 42
U.S.C. 10604.)
B. This provision is intended, among other things, to assure the confidentiality of
information provided by crime victims to counselors working for victim services
programs receiving VOCA funds. Whatever the scope of application given this
provision, it is clear that there is nothing in VOCA or its legislative history to
indicate that Congress intended to override or repeal, in effect, a State's existing
law governing the disclosure of information, which is supportive of VOCA's
fundamental goal of helping crime victims. For example, this provision would not
act to override or repeal, in effect, a State's existing law pertaining to the
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mandatory reporting of suspected child abuse. See Pennhurst State School and
Hospital v. Haiderman, 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.
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FISCAL NOTE <MISC. #12230) September 20, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2013 DISTRICT COURT ADVOCACY PROGRAM -
VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Resolution
and finds:
1. The Prosecuting Attorney has been awarded $83,710 for the Fiscal Year 2013 Victims of Crime Act
(VOCA) Grant.
2. The total Fiscal Year 2013 award is for the same amount as the Fiscal Year 2012 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 decreased to $86,382 due to significant changes in fringe benefit cost between
the application and the acceptance of this grant, a funding shortfall of $19,414 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 $9,414 and transfer this amount to the grant fund budget (Fund
#27325).
5. In addition to the County match requirements, the County is expected to incur $4,061 in administrative
and support costs, which have been included in the Fiscal Year 2013 Budget. This grant does not
allow for recovery of those costs.
6. 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 County Local Match
requirement in the amount $16,742.
7. There is no cash match requirement for this FY 2013 grant award; General Fund expense budget
reductions to Personal Mileage and Printing are offered to cover the balance of the position cost not
funded by this grant.
8. The FY 2013 General Fund (#10100) and Special Revenue Fund (#27325) Budgets are amended as
follows to recognize the grant award and transfer the grant match from the General Fund to the grant
fund:
FY 2013
Cnty Exec
Rec Budget GENERAL FUND #10100
Expenditures
4010201-135170-731346 Personal Mile. 31,796
4010 101-1 35170-731388 Printing 54,562
4010101-135170-788001-27325 Trans Out 0
Total General Fund Expenditures $1,246,358
FY 2013
FY 2013 Amended
Amendment Budget
( 10,000) 21,796
( 9,414) 45,148
19,414 19,414
$ -0- $1,246,358
VOCA GRANT FUND #27325
4010201-13517M10313
4010201-135170-695500
Total Grant Revenues
Expenditures
4010201-135170-702010
4010201-135170-722740
4010201-135170-731346
Total Grant Expenditures
Grants Federal $69,501
Transfers In 20,811
$ 90,312
Salary $44,459
Fringe Benefits 42,553
Personal Mileage 3,300
$ 90,312
$ (2,533) $ 66,968
(1,397) 19,414
M3,930) $ 86,382
$ (315) $ 44,144
(315) 42,238
(3,300) 0
(53,:)) $ 86,382
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Taub and Crawford absent.
Resolution #12230 September 20, 2012
Moved by River supported by Covey the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted.
AYES: Covey, Crawford, Dwyer, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO For, (7)
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
September 20, 2012, 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 201h day of September, 2012.
R,L
Bill Bullard Jr., Oakland County