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HomeMy WebLinkAboutResolutions - 2013.09.19 - 21035REPORT (MISC. #13239) September 19, 2013 BY: Human Resources Committee, John Scott, Chairperson IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2014 CRIME VICTIM RIGHTS GRANT ACCEPTANCE To the Oakland County Boaid of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on September 11, 2013, reports with the recommendation the resolution be adopted. Chairperson, on behaff of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE HUMAN RESOURCES COMMITTEE Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #13239 September 19, 2013 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2014 CRIME VICTIM RIGHTS GRANT ACCEPTANCE TC, the Oakland Cuur4 Boacd Comn-iissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded the Oakland County Office of the Prosecuting Attorney Victim Rights grant funding in the amount of $188,900 for the period of October 1,2013 through September 30, 2014; and WHEREAS this is the twenty-second (22nd) year of grant acceptance for this program; and WHEREAS the Fiscal Year 2014 award is the same as the Fiscal Year 2013 award amount and there is no grant match required; and WHEREAS the purpose of this grant is to comply with the mandates set forth in the Michigan Constitution and the Crime Victim's Rights Act to provide victims of crime rights as mandated under the Crime Victim's Rights Act such as victim notification, and personal advocacy; and WHEREAS this yearly grant is a fixed amount, and represents only partial reimbursement of the Victim Services program; and WHEREAS the Prosecuting Attorney's Office is mandated by law to perform the Victim Rights function regardless of grant reimbursement; and WHEREAS this grant award includes continued reimbursement funding of salaries, for three (3) GFGP Victim Advocate positions (#4010101-05783, 05785, and 07183); and WHEREAS this grant award includes reimbursement funding of salaries and partial fringe benefits for one (1) GFGP Office Assistant II position (#4010101-06739); and WHEREAS previously this grant provided partial reimbursement for one (1) Victim Rights Supervisor position (#4010101-05784), which is now replaced by an Office Assistant 11 position; 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 $188,900 for the period of October 1,2013 through September 30, 2014. BE IT FURTHER RESOLVED that one (1) previously reimbursed Victim Rights Supervisor position (#4010101-05784) is now replaced by an Office Assistant II position (#4010101-06739). BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the/foregoing resolution. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. GRANT, REVIEW SIG1 - OFF — Pro scuting Attorney [ , , GRANT NAME: FY 2014 Victim Advocacy Program - Victims of Crime Act (VOCA) Grant FUNDING AGENCY: Michigan Department of Comm -Unity Health - VOCA DEPARTN1 ENT C:UN'EACT PI:RtiON: 1:1-11., Cil3T7p-re. IS 10'..c4 STATUS: Grant Acceptance DATE: August 21, 2013 Pursuant to Misc. Resolution #131801please be advised the captioned grant materials have completed internal grant review/ Below are the retutned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the grantlagreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comment4) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. - Laurie Van Pelt (8/15/2013) Department of Human Resources: Approved. — Karen Jones (8/15/2013) Risk Management and Safety: Approved byRisk Management. - Robert Erlenbeck (8/10013) Corporation Counsel: There appear to be no unresolved issues that require action at this time. -- Karen P. Agacinski (8/19/2013) COMPLIANCE The grant agreement references a number of specific federal and/or state regulations. Below is a list of these specifically cited compliance related documents for this grant. Victims of Clime Act(VOCA) of 19841 Victim Compensation and Assistance (42 USG Section 10603) littp://www.lekislature.ini.goviTug3lxgeltimj5z55z2uiwv45)/miieg.aspx?page-getObjeet&abjeetName=2003-8B-0850 http://frwebgate3.aceess a avie i-binAGPO ate.c PWAISddolD=B6d w/0/3/0&WAISaction=retrieve The Public Health and Welfare — Crime Victims Fund (42 C ISC 10601) h ://frweb aie5.aecess. a ovie i-hit ATEXTate.cgi?WAISdocID---426486430139+0+1+0&WAISaction-retrieve Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and Budget Act - "P.A. 533 of 2004' Single Audit Act of 1984 (with amendments in 1996) http://www.whitehouse.gov/ombifinanciAl/fin single_audit.hr Federal Office of Management and Budget (OMB) Circular No. A-133. http://www.whitehouse.goviombicirediars/a133/a133 html Department of Health and Human Services Protection of Iltiman Subjects (45 CFR Part 46) Fifty ://www. ace e ss. gip o govinaTa/cfr/waisidx 00/45 c fr46 00.html Lobbying Disclosure Act of 1995. (2 USC 1601) I 't ;11010465 Anti-Lobbyi g - Section 503 (Public Law 104-208) littn:fig,Frantsui b. ttoy/grantsiguide/notice-iiles/not97-032.11tml Michigan Elliott4„arsen Civil Rights Act — "Act 453 of 1976 http://www. slature.migovi (tiq3lxge161-j5z55z2ui wv45 )(ini le g.aspx?p age= g etobj ec tStobj ectrtaute----m cl-Act-453 1976Stqueryid=14718540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1916" http://www. leg i slature. mi. go v/(2.01x.2eltniri 5z55z2uiwv45)/mile .aspf?t) ect&obj ec tname=mc 1-Act-220-of- 1976&ci ueryid-14718589 Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d) http://ww.usdoj.govicrticor/coorclititleyistathtm The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) http://www. usdot . go -Wert/col idoordititleitIcstat.htm The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) hgp://www. dol.. go y/oa sam/re g sistatute s/sec 504.htm Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 bap :if www.dol. goy/a asam/ re g s/Statu s/age =Ultra Drug Abuse Office and Treatment Act of 1972 http://www.n4la.nih.goy/about/legislation/Chronoloy.htru1 I • I . Federal Envir' '.onmental Tobacco Smoi4 "Pro-Children Act of 1994" http ://ww).v.cdc _goy/tobacco/research &in/youth/464119 ..htm , , 1 , Federal. Hatch Act - Political Activity Of Certain State and Local Employees Into:141,m. os'e. gov/hatchact.htni . I 1 Intergovernmental Personnel Act 0. 1970 (42 U.S.C. Section's 4728-4763) http://ftwebgate , ace es.s.gpo..aoy/ce i-bin/detdo c. cgi?dbuarae=brOwse_usc&do cid—C i te: +42USC4728 1 I htts://frwebgate.access.gpo.govicgi-bin/_getdoc.cgi?d ,bnapie—brdwse use8,:,docid=Cite:+42USC4763 : . i : ! Federal Office of Management and Budget (OMB) Circular -islo. A-102. Into ://www. wnitebouse. goviombicircularsfal02fal02.html " Comprehensfre Alcohol Abuse and Aldoholista Prevention, Treatment and Rehabilitation Act of 1970 lattp://wwi,v.ni.&.aih.gOYlabout/legilatioti/Clironolo2)"f.htnil ' Public Health Service Act of 1912 (U.SiC. Sections 290 dd-3,1290 ee-3) http://ear„pon! ccess. ovicai/i/text/text-ith?c---ecfr&rgn—div6iew=text&node-42:1.0.1.1.2.18Lidno=42 • Federal Office of Management and Budget (OMB) Guidelin es to Agencies on Governm. entwitie Debarment and Suspension (Nii onprocurement) (2 CFR, Part 180) http://www. acess.go o. go vinara/cfr/wai sidx 08/2cfrl 80_08.11thil .11t.to Uniform Administrative Requirement S for Grants and Agree ments with Efigher Education, Rospitals, and other Non-profit Organizations (OMB Circular A-110) (2 CFR Par' t 215) http://www.access.gpo.gowitarakfriwaisidx 08/2 th215 08.1ninl Rith T.F.r.zr Pmrto •),..erts .11;11' of 1996 DIM htti)=0,Vik,tv.Ctris.lins.goviii1PAACiet i tbit; o wnioacsi AAldWcietnt._.pdf Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities (Act 317 of 1968) hap ://wwwlevi slature Rov/fuct3lxgel tnuj5z55z2uiwv45)/rniieg..aspx?pa2e-----getabiect&obj ectherne=--incl-Act-317-of- 1968&queryid =14761946 1 Michigan — Standards of Conduct for Public Officers and Employees (Act 196 of 1973) http ://www legislaturefaLgov/(Sf 3 Oeoca2e3u2z55n2kiztrns /lin& as e==t0b'ect&ob -cctNante----tncl-15-341 I US Do.1 Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 1 CFR Part 70) , 1 hEtp://www.access,grio.govinara/cfriwaisidx 04128cfrv2 04.htail ; The National Environmental Policy Act of 1969 (42 U.S.C. 4321) h tip : //www.nepa. govinenalregs/nurehaep'aea ia.htnt National Illuric Preservation Act of 1966 as amended through 1992 (16 U.S.C. 470) http://www.. s..c.isw/historyflocal-lawinhpa1966.htin Procedures for Implementing the NatiOnal Environmental Policy Act (28 CFR Part 61) b.ttp://www.actess. <A) (:),. obvilna..rafe ftl'ivaisidx 01/28c fr61. 01.htnil Executive Order 13513 "Federal Leadirship on Reducing Text Messaging While Driving" http ://www. whitehouse. go vithe press_o ifiee/ Exec utiv e-Order-E'oderal-Leadership-o n.- Reducing-Tex t-Messa.aing-while- Driving/ Meaningful i_cce.ss for Persons with Linnted English Proficiency (LEP) Victims of Crime Act Administrative provisions (42 USC Seetion 10604) http://www. oj. goviertic or/byageney/dbj 10604. hrtn ht-tp://wwwJefs.govl Katie West From: Sent: To: Cc: Subject: VanPelt, Laurie <vanpeltl@oakgovcom> Thursday, August 15, 2013 3:16 PM "Nest, S:2c3ntinc'; 'Karen Jones'; 'Pat i. 'Mdntyre, Emily'; 'Malone, Prentiss'; meierst@oakgov.com RE: GRANT REVIEW: Prosecuting Attorney - FY 2014 Prosecutors Victim Advocacy Program fyocA) - Grant Acceptance Approved, From: West, Catherine [mailto:westca0oakgov.corni Sent: Thursday, August 15, 2013 1:57 PM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: McIntyre, Emily; Malone, Prentiss; meierst(6oakdov.com Subject: GRANT REVIEW: Prosecuting Attorney - FY 2014 Prosecutor's Victim Advocacy Program (VOCA) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS: Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Prosecuting Attorney F1-2014 Prosecutor's Victim Advocacy Program — — Michigan Department of Community Health -VOCA Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time ,Frame for Returned Comments: August 22, GRANT INFORMATION Date: August 15, 2013 Operating Department: Prosecuting Attorney Department Contact: Emily McIntyre Contact Phone: 248-858-1034 Document Identification Number: 20687-15V13 REVIEW STATUS: Acceptance— Resolution Required Funding Period: October 1, 2013 through September 30, 2014 New Facility! Additional Office Space Needs: none IT Resources (New Computer Hardware /Software Needs or Purchases): none M/WBE Requirements: Yes — Level 1 Compliance with OMB Circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $78,750 Prior Year Total Funding: $83,710 Katie West From: Sent: Cc Subject: Jones, Karen <jonesk@oakgov.com > Thursday, August 15, 2013 4:34 PM •M!.q Cttherin: 'Mdntyre, Emily': 'Malone, Prentiss': meierstoakgov.com RE: GRANT REVIEW: Prosecuting Attorney - FY 2014 Prosecutors Victim Advocacy Program (VOCA) - Grant Acceptance Approved. From: West, Catherine [mailto:westca(aoakgov.com ] Sent: Thursday, August 15, 2013 1:57 PM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: McIntyre, Emily; Malone, Prentiss; meierstOoakgov.com Subject: GRANT REVIEW: Prosecuting Attorney - FY 2014 Prosecutor's Victim Advocacy Program (VOCA) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS— Laurie Van Pelt — Karen Jones —Julie Secontine —Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Prosecuting Attorney FY 2014 Prosecutor's Victim Advocacy Program- Michigan Department of Community Health -VOCA - Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to ail) of this email. Time Frame for Returned Comments: August 22, 2013 GRANT INFORMATION Date: August 15, 2013 Operating Department: Prosecuting Attorney Department Contact: Emily McIntyre Zontact Phone: 248-858-1034 Document Identification Number: 2068745V13 REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2013 through September 30, 2014 New Facility / Additional Office Space Needs: none IT Resources (New Computer Hardware / Software Needs or Purchases): none WWBE Requirements: Yes Level 1 Compliance with OMB Circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $78,750 Prior Year Total Funding: $83,710 1 Katie West From: Sent: Cc Subject: Erienbeck, Robert <erlenbeckr@oakgov.corn> Friday, August 16, 2013 3:08 PM west: !!rof:, Seconme; r::.7ren..ion(r 'Laurie vani-tr!..; 'Mdntyre, Emily; 'Malone, Prentiss'; meierst@oakgov.com RE: GRANT REVIEW: Prosecuting Attorney. - FY 2014 Prosecutor's Victim Advocacy Program (VOCA) - Grant Acceptance Approved by Risk management. RE. BA 13. From: Easterling, Terri [mailto:easterlingt(aoakgov.comj Sent: Thursday, August 15, 2013 3:27 PM To: 'West, Catherine'; 'Julie Secontine; 'Karen Jones'; 'Laurie VanPeltl; 'Pat Davis' Cc: 'McIntyre, Emily'; 'Malone, Prentiss'', meierst(aoakgov.com Subject: GRANT REVIEW: Prosecuting Attorney - FY 2014 Prosecutor's Victim Advocacy Program (VOCA) - Grant Acceptance Please be advised that your request for Risk Management's assistance has been assigned to Bob Erlenbeck (ext. 8- 1694). if you have not done so already, please forward all related information, documentation, and correspondence. Also, please include Risk Management's assignment number, RM13-0293, regarding this matter. Thank you. From West, Catherine [mailto:westca0oakgov,corn] Sent: Thursday, August 15, 2013 1:57 PM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: McIntyre, Emily; Malone, Prentiss; meierstpoakcovxom Subject: GRANT REVIEW: Prosecuting Attorney - FY 2014 Prosecutor's Victim Advocacy Program (VOCA) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Prosecuting Attorney FY 2014 Prosecutor's Victim Advocacy Program Michigan Department of Community-Health--VOCA- Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: August 22, 2013 GRANT INFORMATION Date: August 15, 2013 Katie West From: Sent: To: Subject: Agacinski, Karen <agacinskik@oakgov.com > Monday, August 19, 2013 2:09 PM 'West, Catherine', 'Mdntyre, Erndy'; juhe Seoaritire; out., F..EIFCC;, Prentiss GRANT REVIEW: Prosecuting Attorney - FY 2014 Prosecutor's Victim Advocacy Program (VOC.A) - Grant Acceptance GRANT INFORMATION 'Operating Department: Prosecuting Attorney Department Contact: Emily Wicintyre Contact Phone: 248-8584034 Document Identification Ntunher: 20687-15V13 Funding Period: October 1, 2013 through September 30, 2014 New Facility / Additional Office Space Needs: none IT Resources (New Computer Hardware / Software Needs or Purchases): none MAIVBE Requirements: Yes —Level 1. Compliance with OMB Circular A-102 Funding: Continuation Application Total Project Amount $78,750 Prior Year Total Funding: $83„710 New Grant Funded Positions Request: No Changes to Current Positions: none to #09647 Grantor Funds: $63,000 Total Budget: $78,750 Mata and-Source: $15;750 -(3ortion offUndect Victim Ath/ocate'Sffinge beWet-ifS) PROJECT SYNOPSIS This VOCA rant 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 issues that require action at this time. Thank you, Karen P. Agacinski, Assistant Corporation Counsel_ Department of Corporation Counsel 1200 N. TelegraPh Road, Bldg. 14 East Courthouse West Wing Extension, 3rd Floor Pontiac, MI 48341 Phone Number: (248) 858-8677 Fax Number: (248) 858-1003 E-mail: aciaciriskik0,oa4caoy.com PRIVILEGED AND CONFIDENTIAL —.4"11-0'i'iNEY CLIENT COMMUNICATION This e-mail is intended only for those persons to whom it is specifilly 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 pdvi ege in anyWay. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privileiPe and is therefore prohibited. If you have received this message in error, please notify the sender immediately. if you have any questions, please contaei the Department of Corporation Counsel at (248) 858-0550, Thank you for your cooperation. RiCK SNYDER • STATF: MICH16AN DEPARTMENT OF COMMUNITY HEALTH 1_,„4.veee JAMES K. HAVE:MAN DIF,ECT.C.W,t August 12, 2013 Ms. Emily Mclntyre, Victim Rights Supervisor Oakland County - VOCA 1200 N Telegraph Rd Pontiac, Michigan 48341 RE: VOCA Grant CVA#: 20687-15V13 Project Title: Prosecutor's Victim Advocacy Program Project Period: 101112013 - 09130/2014 Dear Ms. McIntyre: We are pleased to advise you that your proposal has been selected to receive Victims of Crime Act Victim Assistance funding. The amount of federal funds awarded for this project is $63,000. Please print out two original copies of your project agreement from intelliGrants by clicking on the link titled: Grant Agreement Documentation. Included in the agreement are the Standard Agreement, General Provisions, Attachment A (Statement of Work), Attachment B (Budget Detail), Attachment C (Reporting Requirements), Attachment D (Fiscal Year Expenditure and Program Report), and Attachment E (Victims of Crime Act Crime Victims Assistance Grant Assurances). Both complete copies of the Agreement must be signed by your authorizing official and immediately returned to the Crime Victim Services Commission - Crime Victim Assistance Grants, Capitol View Building, 201 Townsend Street, P.O. Box 30195 Lansing, MI 48909 or Capitol View Building, 201 Townsend Street, l *t Floor, Lansing, MI 48933 for overnight or hand delivery. Please act promptly to obtain the required signatures. Return both copies of the complete agreement to us no later than Friday, September 6, 2013. Your agency may not report expenditures to this agreement until both signed copies are returned to us and signed by a Bureau or Deputy Director of the Department of Community Health and the project period has begun. Upon execution of the authorized signature for the Department, this agreement will be approved online. The signed agreement will be sent to your agency along with fiscal year reporting instructions. You are encouraged, in the meantime, to maintain a copy of this signed agreement for your records. It is the Crime Victim Services Commission's policy that no application will be awarded until the financial administration of all active or prior grants or agreements are current. This includes the performance and submission of all required audits, the resolution of audit findings and outstanding financial and programmatic reports, and the payment of all bills of collection and refunds due this office, Again, we wish to congratulate you on the approval of funding for your project. We look forward to working with you to improve the delivery of direct services to victims of crime in your community. Should you have any questions, please contact me at 517 241-5249 or oreill4(&,michigan.gov via Internet e-mail. Please contact Alexandra Cruz at CruzA2mictigan.qui or 517 241-5255 or Laura Geist at GeisiLlmichiaan.qov or 517 241-5241 for assistance with printing this agreement. Copy without enclosures to: Laurie Van Pelt James McCurtis, Jr., Director, Crime Victim Services Commission CAp;TOL ',./EW BUILDING • 201 TOWNSEND. P.O. BOX 317195 • LANSING. MICHIGAN 48909 WAw,rnichigarr.gov • 517-373-7373 Contract #: CVA #: 20687-15V13 Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and Oakland County - VOCA 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 10/1/2013 and continue through 09/30/2014. 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 $78,750. The Department under the terms of this agreement will provide funding not to exceed $63,000. The federal funding provided by the Department: is $63,000 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 2013-VA-GX-0000 and the award phase is 2013. The federal program title is Victim of Crime Act Victim Assistance Grant Program. The match requirement of this agreement is 20% of the total agreement amount. The Contractor's budgeted match amount is §15,750 and is identified on Attachment B, Budget pages. The grant agreement is designated as a: subrecipient relationship; or Li vendor relationship. The grant agreement is designated as: ri Research and development project; or E] Not a research and development project. B. Equipment Purchases and Title Any contractor equipment purchases supported in whole or in part through this agreement must be listed in the supporting Equipment Inventory Schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one Part I FY 2013-2014 Page 1 o117 (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 neviho aCqYiSitiOn (X.'6t $5:000 or more: t.p th:P e:xtrit f.h.,t the Der,:?rtirer! proportionate interest in stith eOLIEOMent stipports such retention or transter 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(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 unclerserved 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 D which are part of this agreement through reference. 6. Performance/Progress Report Requirements: The progress reporting methods, as applicable, shall be followed as described in Attachment C, which is part of this agreement through reference. 7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in Part II and Attachement 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 as the Contract Manager) is Leslie O'Reilly, Program Specialist, Victim Assistance Grants, Crime Victim Services Commission, 201 Townsend, P.O. Box 30195, Lansing, Michigan 48909; telephone: (517) 241-5249; fax: (517) 373-2439; and oreillylmichigan.qov for Internet e-mail, Part I FY 2013-2014 Page 2 of 17 9. Contractor's Financial Contact for the Agreement: The person acting for the Contractor on the financial reporting for this agreement is: a twirl 1/9n Pelt Niarlaui-nerit a; id budget Name yanpeltloakoov.corn E-Mail Address 10. Special Conditions: Title (248) 858-2163 Telephone No. A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. The Contractor is required by PA 533 of 2004 to receive payments by electronic funds transfer. 11. Special Certification: The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 12. Signature Section: For the CONTRACTOR Name (Pleas° print) Title Signature Date For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Kristi Broessel, Director Grants & Purchasing Division Date Part! FY 2013-2014 Page 3 of 17 Part II General Provisions Responsibilities - Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Riohts 1. Where the Contractor exclusively develops books, films, or other such copyrightable materials through activities supported by this agreement, the Contractor may copyright those materials. The materials that the Contractor copyrights cannot include service recipient information or personal identification data. Contractor grants the Department a royalty free, non-exclusive and irrevocable license to reproduce, publish and use such materials and authorizes others to reproduce and use such materials. 2. Any materials copyrighted by the Contractor or modifications bearing acknowledgment of the Department's name must be approved by the Department before reproduction and use of such materials. The State of Michigan may modify the material copyrighted by the Contractor and may combine it with other copyrightable intellectual property to form a derivative work. The State of Michigan will own and hold all copyright and other intellectual property rights in any such derivative work, excluding any rights or interest granted in this agreement to the Contractor. If the Contractor ceases to conduct business for any reason, or ceases to support the copyrightable materials developed under this agreement, the State of Michigan has the right to convert its licenses into transferable licenses to the extent consistent with any applicable obligations the Contractor has to the federal government. 3. The Contractor shall give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein; the Department will do likewise. 4. The Contractor must notify the Department's Grants and Purchasing Division 30 days before applying to register a copyright with the U.S. Copyright Office. The Contractor must submit an annual report for all copyrighted materials developed by the Contractor through activities supported by this agreement and must submit a final invention statement arid certification within 90 days of the end of the agreement period. 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. Part II FY 2013-2014 Page 4 of 16 C. Program Operation • 7-7.•:•f71`— r 4. operation of the program. D. Reporting Utilize all report forms and reporting formats required by the Department at the effective date of this agreement, and provide the Department with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. E. Record Maintenance/Retention Maintain adequate program and fiscal records and files, including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. Assure that all terms of the agreement will be appropriately adhered to and that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than seven (7) years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved. F. Authorized Access Permit upon reasonable notification and at reasonable times, access by authorized representatives of the Department, Federal Grantor Agency, Comptroller General of the United States and State Auditor General, or any of their duly authorized representatives, to records, files and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. G. Audits This section only applies to Contractors designated as subrecipients. Contractors designated as vendors are exempt from the provisions of this section. 1 Required Audit or Notification Letter Contractors must submit to the Department either a Single Audit, Financial Related 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, 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 PrUl EY 2013-2014 Page 5 of 16 requirements of the Single Audit Act Amendments of 1996, and of States, Local Governments, and Non-Profit Organizations," as revised. b. Financial Related Audit Contractors 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 relating to all Federal awards; or an audit that meets the requirements contained in OMB Circular A-133, if required by the Federal awarding agency. c. Financial Statement Audit Contractors exempt from the Single Audit and Financial Related 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 and Financial Related 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 the Single Audit, Financial Related Audit and Financial Statement Audit requirements (a., b., and c. 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 ,dovimdch 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 Contractors fiscal year by e-mail to the Department at MDCH-AuditReports(rnichican.gov . The required materials must be assembled as one document in a PDF file compatible with Adobe Acrobat (read only). The subject line must state the agency name and fiscal year end. The Department reserves the right to request a hard copy of the audit materials if for any reason the electronic submission process is not successful. Part!! FY 2013-2014 Page 6of 16 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 grants website at URL: https://sigma2web.mdch.stateani.usfsigma2/ 3. Penalty a. Delinquent Single Audit, Financial Related or Financial Statement Audit If the Contractor does not submit the required Single Audit Financial Related Audit, or Financial Statement Audit, including any management letter with a response and applicable Corrective Action Plan within nine months after the end of the Contractor's fiscal year and an extension has not been approved by the cognizant or oversight agency for audit, the Department may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $200,000) until the required filing is received by the Department. The Department may retain the amount withheld if the Contractor is more than 120 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. The Department may terminate the current grant if the Contractor is more than 180 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. b. Delinquent Audit Status Notification Letter Failure to submit the Audit Status Notification Letter, when required, may result in withholding from the current funding an amount equal to one percent of the audit year's grant funding until the Audit Status Notification Letter is received, 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 A133. The Contractor must also develop a subrecipient monitoring plan that addresses . "during the award monitoring" of subrecipients to provide reasonable assurance that the subrecipient administers Federal awards in compliance with laws, regulations, and the provisions of contracts, and that performance goals are achieved. The subrecipient monitoring plan should include a risk-based assessment to determine the level of oversight, and monitoring activities such as reviewing financial and performance reports, performing site visits, and maintaining regular contact with subrecipients. Part II FY 2013-2014 Page 7 o 16 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, reguia6utis; acib' prbVistbnt cocitract:,:t: n OMB Circular A-133, Section .210(f). Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source that would require or result in significant modification in the provision of services, funding or compliance with operational procedures, J. Software Compliance The Contractor must ensure software compliance and compatibility with the Department's data systems for services provided under this agreement including, but not limited to: stored data, databases, and interfaces for the production of work products and reports. All required data under this agreement shall be provided in an accurate and timely manner without interruption, failure or errors due to the inaccuracy of the Contractor's business operations for processing date/time data. K. Human Subjects The Contractor will comply with Protection of Human Subjects Act, 45 CFR, Part 46. The Contractor agrees that prior to the initiation of the research, the Contractor will submit institutional Review Board (1Ra) application material for all research involving human subjects, which is conducted in programs sponsored by the Department or in programs which receive funding from or through the State of Michigan, to the Department's 1RB for review and approval, or the 1RB application and approval materials for acceptance of the review of another 1RB. All such research must be approved by a federally assured IRB, but the Department's IRB can only accept the review and approval of another institution's 1RB under a formally-approved interdepartmental agreement. The manner of the review will be agreed upon between the Department's 1RB Chairperson and the Contractor's 1RB 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. Part II FY 2013-2014 Page 8 of 16 Assurances The following assurances are hereby given to the Department: A,- 1.1r,c,..1. with ti -o-tHet. 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 104-208). Further, the Contractor shall require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Contractor agrees not to discriminate against any employee or applicant for employment or service delivery and access, with respect to their hire, tenure, terms, conditions or privileges of employment, programs and services provided or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual's ability to perform the duties of the particular job or position or to receive services. The Contractor further agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrom will contain a provision requiring non-discrimination in employment, service delivery and access, as herein specified binding upon each subcontractor. This covenant is required pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37,2201 et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq,, and any breach thereof may be regarded as a material breach of the contract or purchase order. 2. The Contractor will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Part U FY 2013-2014 Page 9 of 16 c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; Lrie §§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; f. the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PA_ 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§523 and 527 of the Public Health Service Act of 1912 (42 §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records h. any , other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, the requirements of any other nondiscrimination statute(s) which may apply to the application. 3. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned and women owned businesses, and businesses owned by persons with disabilities in contract solicitations. The Contractor shall incorporate language in all contracts awarded: (1) prohibiting discrimination against minority owned and women owned businesses and businesses owned by persons with disabilities in subcontracting; and (2) making discrimination a material breach of contract. D. Debarment and Suspension Assurance is hereby given to the Department that the Contractor will comply with Federal Regulation, 2 CFR part 180 and certifies to the best of its knowledge and belief that it, its employees and its subcontractors: 1, Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing 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 Part 11 FY 2013-2014 Page 10 of 1ei government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and; Have not within a three-year period preceding this agreement had one or moro punlic ir7r.sfIctrirc. state c oC3 tcrminated t•cr cause or default. E. Federal Requirement: Pro-Children Act 1. Assurance is hereby given to the Department that the Contractor will comply with Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 6081 et seq, which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, 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 andior the imposition of an administrative compliance order on the responsible entity. The Contractor also assures that this language will be included in any subawards which contain provisions for children's services. 2. The Contractor also assures, in addition to compliance with Public Law 103-227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Contractor. If activities or services are delivered in facilities or areas that are not under the control of the Contractor (e.g., a mall, restaurant or private work site), the activities or services shall be smoke-free. F. Hatch Political Activity Act and Intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USG 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 Part !# FY 2013-2014 Page 11 or 16 execution of the agreement. 2. That any executed subcontract to this agreement shall require the subcontractor to complv . with all anolica.le...ter.m.s....a.nd c.ond ition s pf this 'agreement in tile event of a . conflict bei-ween .tnis agieernent and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non-conflicting provisions not set forth in this agreement; b. Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. 3. That the subcontract does not affect the Contractor's accountability to the Department for the subcontracted activity. 4. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. 5. That the Contractor will submit a copy of the executed subcontract if requested by the Department. H. Procurement Assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accordance with the principles and requirements of OMB Circular A-102 as revised, implemented through applicable portions of the associated "Common Rule" as promulgated by responsible federal contractor(s), or 2 CFR, Part 215 (OMB Circular A-110) as amended, as applicable, and that records sufficient to document the significant history of all purchases are maintained for a minimum of three years after the end of the agreement period. Health Insurance Portability and Accountability Act To the extent that this act is pertinent to the services that the Contractor provides to the Department under this agreement, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following: 1. The Contractor must not share any protected health data and information provided by the Department that falls within 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 shale any protected health data and Part FY 2013-2014 Page 12 of 16 information from the Department that fails under HIPAA requirements in the terms and conditions of the subcontract. The Contractor must only use the Protected heal th data and information the prposes of this agreement. 4. The Contractor must have written policies and procedures addressing the use of protected health data and information that falls under the HIPAA requirements. The policies and procedures must meet all applicable federal and state requirements including the HIPAA regulations. These policies and procedures must include restricting access to the protected health data and information by the Contractor's employees. 5. The Contractor must have a policy and procedure to 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 H, Section V. Agreement Termination. 7 In accordance with HIPAA requirements, the Contractor is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information by the Contractor received from the Department or any other source. 8. The Contractor will enter into a business associate agreement should the Department determine such an agreement is required under HIPAA. IV. Financial Requirements A. Operating Advance An operating advance may not be requested by the Contractor. Reimbursement Method The Contractor will be reimbursed in accordance with the staffing grant reimbursement method as follows: Reimbursement from the Department is based on the understanding that Department funds will be paid up to the total Department allocation as agreed to in the approved budget. Department funds are first source after the application of fees and earmarked sources unless a specific local match condition exists, C. Financial Status Report Submission FSRs must be submitted on a monthly basis, no later than thirty (30) days after the close of each calendar month. The monthly FSRs must reflect total actual program expenditures, 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.rni.usisigma2f Part 11 FY 2013-2014 Page 13 of 16 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.govicpexpress E. Final Obligations and Financial Status Report Requirements 1. Obligation Report The Obligation Report, based on annual guidelines, must be submitted by the due date using the format provided by the Department's Accounting Division, The Contractor must provide an estimate of total expenditures for the entire agreement period. The information on the report will be used to record the Department's year-end accounts payables and receivables for this agreement. 2. Department-wide Payment Suspension A temporary payment suspension is in effect on agreements during the department's year-end closing period beginning September 13 th until mid-November. FSRs through the August period should be submitted by September 6th to ensure payment prior to the payment suspension period. 3. Final FSRs Final FSRs are due sixty (60) days following the end of the fiscal year or agreement period. The final FSR must be clearly marked "Final". Final FSRs not received by the due date may result in the loss of funding requested on the Obligation Report and may result in the potential reduction in the subsequent year's agreement amount. F. Unobligated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. V. Agreement Termination The Department may cancel this agreement without further liability or penalty to the Department for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this Part 11 FY 2013-2014 Page 14 of 16 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. This agreement may be terminated immediately if the Contractor or an official of tie Usntrattt... i y :t onco ?^? 'tcn 111.0. of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial, performance and other reports required as a condition of this agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII. SeVerability If any provision of this agreement or any provision of any document attached to or incorporated 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 2.0. 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 Part 11 FY 2013-2014 Page 15 of 16 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 -1 :sinlItties undu MI6 agreem.c.,mt, sucr !csc, snag 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 at seq, MSA 4.1'700(51) at seq, and 1973 PA 196, as amended, MCL 15.341 et seq, MSA 4.1700 (71) et seq. XL State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. XII. Confidentiality Both the Department and the Contractor shall assure that medical services to and information contained in medical records of persons served under this agreement, or other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise permitted or required by applicable state or federal law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals. ParHi FY 2013-2014 Page 16 of 16 Version: Alt Other Programs MICHIGAN DEPARTMENT OF COMUNTY HEALTH FY 13/14 AGREEMENT ADDENDUM A 1 This addendum modifies the following sections of Part 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, 1. 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: All 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 Signature Date For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Kim Stephen, Director Date Bureau of Budget and Purchasing ATTACHMENT A STATEMENT OF WORK FY 20 3 2014 ATTACHMENT A z Subrecipient relationship; or Li Vendor relationship. The grant agreement is designated as: LI 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 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. 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 13 BUDGET DETAIL FY 2013-2014 ATTACHMENT B Michigan Department of Community Health Victims of Crime Act Victim Assistance Grant Program Budget Summary X Onginal Budget J.3 Amended Bu et — No. Oakland county - VOCA nn-r) tr.r -7 20b81-15V1,s ' IMPLEMENTING AGENCY Oakland County Prosecutor's Office CVA PROJECT PERIOD 10/1/2013— 09130/2014 FEDERAL EMPLOYER IDENTIFICATION NUMBER 38-6004876 FISCAL YEAR 2014 PROGRAM AREA . Victims of Crime PROJECT TITLE Prosecutor's Victim Advocacy Program SALARIES AND WAGES VOLUNTEERS FRINGE BENEFITS TRAVEL SUPPLIES AND MATERIALS CONTRACTUAL EQUIPMENT OTHER EXPENSES BUDGET CATEGORY VOCA Federal AMOUNT $44,585 j $18,415 BUDGET SUMMARY Local Match AMOUNT $15,750 $ 0 Total Amount $44,585 $34,165 I IOTA $0 I GRANTEE FEDERAL SOURCE SOURCE OF FUNDS AMOUNT $63,000 $15,750 $78,750 PERCENTAGE . 20% 100% 80% Contact Person: 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: OREILLYL@rniehigan.gov FAX: (517) 373-2439 Alexandra Cruz, VOCA Grants Technician Questions about IntefliGrants grants management system. PHONE; (517) 241-5255 E-MAIL: CruzA2gmichigan,gov Laura Geist, VOCA Grants Technic/an PHONE; (517)241-5241 E-MAIL: GeistL1©michjgan.gov Sherri Buck, Accounting Technician Questions concerning grant payments and audit verification requests PHONE: (517) 241-5266 BuckS2@michigari,gev James L. McCurtis, Jr., Manager Crime Victim Services Commission Capitol View Building 201 Townsend St., P.O. Box 30195 Lansing, MI 48909 PHONE: (517) 373-7373 Grantee Contract Officials: Authorizing Official: Mr. Michael Gingell, Chair-Oakland Cty Board of Commissioners Project Director: Ms. Emily McIntyre 1200 N Telegraph Rd Pontiac, Michigan 48341 (248) 858-0707 mcintyreem@oakgov.com Financial Director Ms, Laurie Van Pelt 1200 N. Telegraph Pontiac, Michigan 48341 By authority of the Victims of Crime Act of 1984; CFDA16-575 Crime Victim Assistance U.S. Oepartment of Justice ATTACHMENT B.1 PROGRAM BUDGET SUMMARY View at 100% or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Use WHOLE DOLLARS Only PROGRAM Crime Victim Services Commission DATE PREPARED 817/2013 Page : Of 1 2 uaKiarla Louray - qUiiira From: 1011/2013 To: 0913012014 MAILING ADDRESS (Number and Street) 1200 N. Telegraph Road BUDGET AGREEMENT AMENDMENT # El ORIGINAL 0 AMENDMENT So CITY 1 STE —.TE ---1 ZIP CODE Pontiac 1 Michigan 48341 FEDERAL ID NUMBER 38-6004876 EXPENDITURE CATEGORY TOTAL BUDGET 1. SALARIES & WAGES $44,585.00 $44 585 00 la. VOLUNTEERS Mao $0.oc7 2 FRINGE BENEFITS $34. 65.00 $34.185.00 3. TRAVEL I $0.00 I $0.00 4. SUPPLIES & MATERIALS $0.00 $0.00 5, CONTRACTUAL (Subcontracts/Subrecipients) $0.00 $0.00 6. EQUIPMENT $0.00 $0.00 7. OTHER EXPENSES $0.00 $0.00 8. TOTAL DIRECT EXPENDITURES (Sum of Lines 1-7) $78,750.00 $0 1 $0 $78,750.00 9. INDIRECT COSTS: Rate #1 % INDIRECT COSTS: Rate #2 % 10. TOTAL EXPENDITURES $78,750.00 $0 ' $0 $78,750.00 SOURCE OF FUNDS 11. FEES & COLLECTIONS 12. STATE AGREEMENT $63,000.00 i r $63,000.00 13. LOCAL $15.750.00 1 1 $15,750,00 , 14. FEDERAL 15, u 16. TOTAL FUNDING $78,750.00 $78,750.00 AUTHORITY: P.A. 368 of 1978 COMPLETION: Is Voluntary, but is required as a condition of funding DCH-0385 FY2014.doc 02113 (W)Previous Editions Obsolete The Department of Community Heath is an equal opportunity employer, services and programs provider. ATTACHMENT B.2 PROGRAM BUDGET — COST DETAIL SCHEDULE View at 100% or Larger MICHIGAN DEPARTMENT OF COMMUMTY HEALTH Page 2 Of 2 Use WHOLE DOLLARS Only PROGRAM ; BUDGET PERIOD i DATE PREPARED i Crime Victim Services Commission From: 10/1/2013 ,i I To: i 09'30/2014 , EAMENDMENT 8/8/2013 i ; kiviEiiibME I # 1 Oakland County - VOCA 1 : IZIORIGINAL 55. SALARY & WAGES , POSITIONS COMMENTS POSITION DESCRIPTION REQUIRED TOTAL SALARY , j Jennifer DeMeritt. Victim Advocate i I --4 $44,585 ' 1. TOTAL SALARIES & WAGES: 1 $44,585 1a. VOLUNTEERS Ia. TOTAL VOLUNTEERS 0 $ 0 2. FRINGE BENEFITS (Specify) X FICA X UFE DNS. X DENTAL INS. COMPOSITE RATE X UNEMPLOY INS. X VISION INS. X WORK COMP. AMOUNT 76.63% X RETIREMENT HEARING INS. HOSPITAL INS. X OTHER ssecify) 2. TOTAL FRINGE BENEFITS: $34,165 3. TRAVEL (Specify if category exceeds 10% of Total Expenditures) , 3 TOTAL TRAVEL: $0.000 4. SUPPLIES & MATERIALS (Specify if category exceeds 10% of Total Expenditures) 4. TOTAL SUPPLIES & MATERIALS: $0,000 5. CONTRACTUAL (Specify SulocontractstSubrecipients) Name Address Amount $0,000 5. TOTAL CONTRACTUAL: 6. EQUIPMENT (Specify items) 6. TOTAL EQUIPMENT: 30,000 7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures) n-ris cm. CA nnr% 8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) B. TOTAL DIRECT EXPENDITURES: 9. INDIRECT COST CALCULATIONS Rate #1: Base $0 X Rate 0.0000 % Total Rate #2: Base $0 X Rate 0.0000 % Total 9. TOTAL INDIRECT EXPENDITURES: 10. TOTAL. EXPENDITURES (Sum of lines 8-9) $78,750 $ 0 $ 0 $78,750 AUTHORITY: P.A. 368 of 1978 I The Department of Community Health is an equal opportunity employer, services COMPLETION: Is Voluntary. but is required as a condition of funding and programs provider 13CH-0386 (E) (Rev 02/13) (W) Previous Edition Obsolete. Use Additional Sheets as Needed LICH-0386 FY2013.do0 4/12 (W) ATTACHMENT C PERFORMANCE AND PROGRESS REPORT REQUIREMENTS FY 2013-2014 ATTACHMENT C PERFORMANCE / PROGRESS REPORT REQUIREMENTS A. The Contractor shall submit the following reports on the following dates: October 30, 2013 Constitutional Victims Rights Notice due November 30, 2013 October Monthly Financial Report December 30,2013 November Monthly Financial Report January 15, 2014 1 st Quarterly Program Report (10/1/2013 - 12/31/2013) January 30, 2014 December Monthly Financial Report February 28, 2014 January Monthly Financial Report March 30, 2014 February Monthly Financial Report April 15, 2014 2nd Quarterly Program Report (1/1/2014- 3/31/2014) April 30, 2014 March Monthly Financial Report May 30, 2014 April Monthly Financial Report June 2, 2014 Contractor shall submit final Agreement Amendment Request. Contractor required to advise Commission if funds may not be used during fiscal year (10/1/2013 - 9/30/2014). June 30, 2014 May Monthly Financial Report July 15, 2014 3rd Quarterly Program Report (4/1/2014 - 6/30/2014) July 30, 2014 June Monthly Financial Report August 30, 2014 July Monthly Financial Report September 30, 2014 August Monthly Financial Report October 15, 2014 4th Quarterly Program Report (7/1/2014 - 9/30/2014) October 30, 2014 September Monthly Financial Report November 15, 2014 FY 2013-14 Expenditure & Program Report (10/1/2013 - 9/30/2014) 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 UR.L: https://sigma2web.mdch ,state.mi.Lisisigma2/ 0. The Contract Manager shall evaluate the reports submitted as described in Attachment C, Items A. and B. for their completeness and adequacy. E. The Contractor 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 2013 2014 DUE DATE: NOVEMBER 15, 2014 Contractor shall enter Fiscal Year Expenditure and Program Report at URL https://sigrna2web.mdch.state.mi ,usisigma2 ATTACHMENT E VICTIMS OF CR ME ACT VICTIM ASSISTANCE GRANT ASSURANCES FY 2013-2014 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: A brief project description containing target clientele (victim groups), available service, hours of service, and area of services. 2. A telephone number to access services. 3. The name of the project director, 4. Funding acknowledgment for the project. Forward a copy of this notice and distribution list within thirty (30) days of the project start date to the Contract Manager. B. Funding Acknowledgement Assure that appropriate funding acknowledgment is included in all materials publicizing or resulting from award activities, in press releases, program brochures, annual reports and other information about the project. The funding agency for your victim assistance project is the Michigan Crime Victim Services Commission, not the federal agency. The source of funds is the Crime Victims Fund, established by the Victims of Crime Act of 1984. Acknowledgment of support should be in the following format: This project (agreement project title) was supported by Crime Victim Assistance Grant Award CVA# awarded to the (applicant agency) by the Michigan Crime Victim Services CommissiOn,. Michigan Department of Community Health. The grant award of $ (80% of the project), comes from the Federal Crime Victims Fund, established by the Victims of Crime Act of 1984. The (applicant agency) provides the required match by [the use of volunteers (# of volunteer hours valued at $) or (identify source of cash match)] 1 of 12 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 !f:!Vci r:rnerT: tn;c M!cr.v3::;77. 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 12 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 5tcired a:t.,fLn t7ioni C:ont3OCC ovvnttt,5r.'.ncc C thC otatV 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, only under extraordinary and rare circumstance would such access include true name of victims of crime. When access to the true name of victims of crime is necessary, appropriate steps to protect this sensitive information must and will be taken by the recipient and awarding agency. Any such access, other than under court order or subpoena pursuant to a bona fide confidential investigation, must be approved by both the OJP program office head and the Comptroller, F. Fees The purpose of the VOCA victim assistance grant program is to provide services to all crime victims regardless of their ability to pay for services rendered or the availability of insurance or other third-party payment resources. Contractors must provide services to crime victims, at no charge, through the VOCA funded project. The Contractor is prohibited from changing a crime victimOr third party payer for any services supported with VOCA funds. 11. Responsibilities - Department The Department in accordance with the general purposes and objectives of this agreement will: 3 of 12 A. Amendment Consideration Contract Manager will review for consideration submitted amendments on a r r 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. ProOram 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 (VOC.A) of 1984. sections 1404(a)(2), and 1404(b)(1) and (2), 42 U.S.C, 106'03(02) and (b)(1) and (2) (and the applicable program guidelines and regulations as required). Funds will he 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, 4 of 12 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. 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 12 Investigations Divisions 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oio.hotl neusdoi.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoi.00v/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 ()CFO 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 12 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 tne uce action meets OJP's criteria for a categorical exclusion as contained in paragraph 4. (b) of Appendix U 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 compliance. C. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, Contractors receiving Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that Contractors have in providing language services to LEP individuals, please see the website at http://www ,lep.gov , 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 12 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. hnontr ni fi 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. V. 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 properly 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, 8 of 12 D. Financial Status Report Submission 1. Financial Status Reports (FSRs) shall be prepared based upon actual expenditures. i kr• .010. LJ 1 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.usisigma2/ 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.cpexpressstate.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 9 of 12 and the final report and evaluation of program activities. Failure to meet this reporting deadline will impact future funding from the Department. Fiscal Year Expenditure and Program Report not received by the due date may result in the potential reduction in the subsequent year's agreement amount. Unobligated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department along with the Fiscal Year Expenditure and Program Report. If an audit disallows costs, the Contractor will forward the amount of the disallowed costs to the Crime Victim Services Commission within thirty (30) days of such notification. Failure to do so will result in such deficiency being reported to the Department of Treasury and may be cause for cancellation of current agreement. Audit Due Date and Where to Send VOCA Grantees are required to submit either a Single Audit or Financial Statement Audit and any other required submissions (i.e. Corrective Action Plan and Management letter with a response) to the CVSC by uploading to the agency's Organization Detail section on the CVSC grants website at URL: https://sigma2web.mdch.state.mi.usfsicima2/ 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: Reason for the amendment, 2. Budget changes. 3. Changes in grant funded staff; and updates every 30 days if position remains vacant. Failure to report change may impact funding for position. 4. Changes in grant contract personnel. 5. Changes in project address or changes in scope of the programmatic activities or purpose of the project. 6. Delay in grant implementation. B. Amendments for signature by Contractor and DCH are needed in the following. circumstances: 1. If increases or decreases occur in either the state and/or total funding amounts. 2. If the CVSC approves any significant modifications in the provision of services or reporting (i.e. changes to Project Activities, special requirements, or reporting 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 10 of 12 category where no dollars were previously allocated) even if the state or total funding amounts do not change. 4. If funds are moved from one existing expenditure category into another existing ..773.t.c.1r..1.ry th.;7zt ir. - exceeds the deviation allowance (i.e. moving more than $15,000 from salaries and wages into supplies and materials when only $500 had been previously budgeted for supplies and materials) even if the state and/or total funding amounts do not change, C. Amendments that will be approved on-line include those that do not exceed the standard deviation amount, amendments transferring dollars between existing budget lines, transferring dollars within an existing budget line, new contract officials, staff changes with no financial impact or financial impact under standard budget deviation amount. D. Any changes to the agreement will be valid only if made in writing and accepted by all parties to the agreement either through on-line approval or through the generation of an Amendment to the Agreement for signature by the Contractor and the Department. E. Total funding provided through the Department for the agreement shall not exceed the amount shown in the State Funds section of the budget detail except as adjusted by amendment. F. The Contractor must submit the final Agreement Amendment Request to the Department July 31 of the Fiscal Year, if the amount of Department funding may not be used in its entirety or to report final changes. VI. ConfidentialitV 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.) 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 11 of 12 fundamental goal of helping crime victims. For example, this provision would not act to override or repeal, in effect, a State's existing law pertaining to the mandatory reporting of suspected child abuse. See Penn hurst State School and Hospital v. Halderman, et al.. 451 U.S. 1(1981). Furthermore, this confidentiality pfbv.ioi-"; -Should not be intbipieted to tilwart the te.g:ti .;-;ate r'i .toril',.at:onat 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. 12 of 12 FISCAL NOTE (MISC. #13239) September 19, 2013 BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY — FISCAL YEAR 2014 CRIME VICTIMS RIGHTS GRANT ACC7FPTANn.E. To the OaKiand County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above named Miscellaneous Resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the Fiscal Year 2014 Crime Victim Rights Grant. 2. The grant award of $188,900 for the period of October 1, 2013 through September 30, 2014 is the same as the Fiscal Year 2013 award. There is no County match required. 3. This grant award reimburses the costs of salaries for three (3) GFGP Victim Advocate positions, and reimburses the costs of salaries and partial fringe benefits for one (1) GFGP Office Assistant II position; ail designated positions are included in the FY 2014 — 2016 budget. 4. No budget amendment is recommended. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long absent. Resolution #13239 September 19, 2013 Moved by Crawford supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, N/lotis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 19, 2013, 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 19 th day of September 2013. Lisa Brown, Oakland County