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Home My WebLink AboutResolutions - 2002.09.19 - 27010P vi IC SERCES 1)r) Public Services Committee Vote: Motion carried unanimously on a roll call vote. ;46:RMITTE,E , t.rut-1-4' MISCELLANEOUS RESOLUTION #02228 September 19, 2002 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2003 VICTIMS OF CRIME ACTS (VOCA) GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan, Department of Community Health has awarded the Oakland County Office of the Prosecuting Attorney Victims of Crime Act grant funding in the amount of $129,249 for the period of October 1, 2002 through September 30, 2003; and WHEREAS this is the fourth (4th) year of grant acceptance for this program; and WHEREAS the purpose of this grant is to expand and enhance local services available to crime victims regarding their safety, rights, dignity, and healthy recovery; and WHEREAS the FY 2003 award of $129,249 is $13,908 (12.06%) higher than the current award; and WHEREAS the State contribution is $103,399 (80%), the County contribution is $25,850 (20%) WHEREAS the required County grant match of $14,000 and In Kind match of $11,850 for two (2) voluntary part-time Victim Advocate Intern positions is included in the FY 2003 Executive Recommended Budget; and WHEREAS this grant includes continued funding of salaries and fringe benefits for two (2) FTE Victim Advocate positions (#41101-09398, #41101- 09647) and also includes funding for travel costs, mileage, office supplies, and equipment; and WHEREAS the grant award has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan, Department of Community Health in the amount of $129,249, including the Prosecuting Attorney's In Kind Match of two voluntary part-time Victim Advocate Intern positions, and $14,000 in grant match for the period of October 1, 2002 through September 30, 2003. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED that continuation of this program, including positions is contingent upon continued grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. FW: CONTRACT REVIEW - PROSECUTOR'S OFFICE Subject: FW: CONTRACT REVIEW - PROSECUTOR'S OFFICE Date: Fri, 6 Sep 2002 10:52:35 -0400 From: "Jim VanLeuven" <vanleuvenj@co.oakland.mi.us > To: "Pamela Jackson" <jacksonp@co.oakland.mi.us >, "Harvey Wedell" <wedellhgco.oakland.mi.us > Jim VanLeuven phone:248.858.1701 fax: 248.858.1572 email: vanleuvenj@co.oakland.mi.us <mailto:vanleuvenj@co.oakland.mi.us > Original Message From: Greg Givens [mailto:givensg@co.oakland.mi.us] Sent: Friday, September 06, 2002 9:58 AM To: VanLeuvenj; Dan Cojanu; P11/, Gaia Subject: CONTRACT REVIEW - PROSECUTOR'S OFFICE RE: CONTRACT REVIEW - PROSECUTOR'S OFFICE GRANT NAME: FY 2003 Victims of Crime Act (VOCA) FUNDING AGENCY: Michigan Department of Community Health DEPARTMENT CONTACT PERSON: Dan Cojanu / 59731 STATUS: Acceptance - Amendment DATE: 9/6/2002 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Department of Management and Budget: Approved - Laurie Van Pelt (9/5/2002) Personnel Department: I approve - Judy Eaton (8/27/2002) Risk Management and Safety: Approved. - Stan Payne (8/29/2002) Corporation Counsel: After reviewing the grant contract, there appear to be no outstanding legal issues that require action. - Karen Agacinski (8/30/2002) The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Greg Givens, Supervisor Grants Administration Unit Fiscal Services Division 1 of 2 9/10/02 3:47 PM Contract # P.O. # CVA # 20687-4V01 Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and County of Oakland 1200 N. Telegraph Pontiac, MI 48341 Federal I.D.#. 38-6004876 hereinafter referred to as the "Contractor" for grant to local agency for direct victim assistance services in the community under the Victims of Crime Act of 1984. Part I 1. Period of Agreement: This agreement shall commence on 10/01/2002 and continue through 09/30/2003. 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 $129,249. The Department under the terms o this agreement will provide funding not to exceed $103,399. The federal fundinc provided by the Department is $103,399 or 80%; the Catalog of Federal Domestir Assistance (CFDA) number is 16-575 and the CFDA Title is Crime Victim Assistance the federal agency name is the U.S. Department of Justice; the federal grant awar number is 2001-VA-GX-0026 and federal program title is Victims of Crime Act ( 1984. The match requirement of this agreement is 20% of the total agreemer amount.. The Contractor's budgeted match amount is $25,850 and is identified c Attachment B, budget pages. B. Equipment Purchases and Title Any contractor equipment purchases supported in whole or in part through tt agreement must be detailed in the supporting detail schedule. Equipment mea tangible, non-expendable, personal property having useful life of more than one year and an acquisition cost of $5,000 or more per unit. Title to items having a u acquisition cost of less than $5,000 shall vest with the Contractor upon acquisitir The Department reserves the right to retain or transfer the title to all items equipment having a unit acquisition cost of $5,000 or more, to the extent that ' Department's proportionate interest in such equipment supports such retention transfer of title. C. Deviation Allowance A deviation allowance modifying an established budget category by $10,000 or 1 whichever is greater, is permissible without prior written approval of the Departm Any modification or deviations in excess of this provision including any adjustmer the total amount of this agreement must be made in writing and executed b' parties to this agreement before the modifications can be implemented. deviation allowance does not authorize new categories, subcontracts, equip" items or positions not shown in the attached Program Budget Summary and supporting detail schedules. 3. Purpose: The focus of the program is to provide direct services to crime victims. 4. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in Attachment A which is attached and hereby made a part of this agreement through reference. 5. Financial Requirements: The reimbursement process shall be followed as described in Part II of this agreement and Attachments B and D, which are hereby made a 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, hereby made a part of this agreement through reference. 7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in Part II and Attachment E, hereby made 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) will be Leslie O'Reilly, Program Specialist, Victim Assistance Grants, Crime Victim Services Commission, 320 S. Walnut, Lansing, Michigan 48913; telephone: (517) 334-9180; fax: (517) 334-9942; and oreillyl@michigan.gov at intemet e- mail. 9. Contractor's Financial Contact for the Agreement: The person acting for the Contractor on the financial reporting for this agreement will be: Laurie VanPelt, Dir. Dept. of Management and Budget, (248) 858-2163. 10. Special Conditions: A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. 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 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Peter L. Trezise, Chief Operating Officer Date For the CONTRACTOR Name and Title Signature Date [ Grantee Contract Officials: f VOCA Victim Assistance Grant Contacts: Orieinal Budeet ATTACHMENT B Michigan Department of Community Health Victims of Crime Act Victim Assistance Grant Program Budget Summary EI Amended Budget — No. • GRANTEE CVA PROJECT NUMBER County of Oakland 20687-4V01 IMPLEMENTING AGENCY CVA PROJECT PERIOD Office of the Prosecuting Attorney 10/01/2002— 09/30/2003 PAYEE IDENTIFICATION NUMBER FISCAL YEAR 38-6004876 2003 PROGRAM AREA Victims of Crime PROJECT TITLE District Court Advocacy Program , BUDGET SUMMARY SOURCE OF FUNDS BUDGET CATEGORY AMOUNT SOURCE AMOUNT PERCENTAGE SALARIES AND WAGES $91,178 FEDERAL $103,399 80% _ FRINGE BENEFITS $31,520 GRANTEE $25,850 20% _ TRAVEL $ 3,575 TOTAL $129,249 100% _ SUPPLIES AND MATERIALS $ 1,200 CONTRACTUAL $ 0 _EQUIPMENT $ 0 OTHER EXPENSES $ 1,776 TOTAL . $129,249 - Authorizing Official: Thomas Law, Chair. Oakland Cty. Board of Commissione Project Director: Daniel N Cojanu, Victim Services Supervisor 1200 N. Telegraph Pontiac, MI 48341 (248) 975-9721 Financial Director Laurie VanPelt, Dir. Dept. of Management and Budget 1200 J. Telegraph Pontiac, MI 48341 (248) 858-2163 Contact Person: Daniel N Cojanu, Victim Services Supervisor 1200 N. Telegraph Pontiac, MI 48341 (248) 975-9731 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, & other victim service needs & concerns. PHONE:, (517) 334-9180 E-MAIL: oreillvl@michigan.gov FAX: (517) 334-9942 Linda Schneider, Accounting Tech. -Questions on grant payment status and audit verification Requests. PHONE: (517) 334-9946 E-MAIL: SCHNElDERL@michigan.gov Michael J. Fullwood, Director Crime Victim Services Commission Lewis Cass Building 320 S. Walnut Street Lansing, MI 48913 PHONE: (517) 334-9941 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 02/03 AGREEMENT ADDENDUM A 1. This addendum modifies the following sections of Part II, General Provisions: Part II 1. Responsibilities-Contractor 1. Year 2000 Compatibility. 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 determine and avoid potential Year 2000 computer systems 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. VIII. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language. A. Except as otherwise provided for in this Contract, all liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the Contractor under this Contract shall be the responsibility of the Contractor and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out to the actions or failure to act on the part of the Contractor, its employees, officers or agents. Nothing therein shall be construed as a waiver of any governmental immunity for the Contractor, its agencies, employees, or Oakland County, as provided by statute or modified by court decisions. 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. Sionature Section: For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Peter L. Trezise, Chief Operating Officer Date For the CONTRACTOR Name and Title Signature Date Part II General Provisions I. Responsibilities - Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Rights - 1. Where activities supported by this agreement produce books, films, or other such copyrightable materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the Department reserves a royalty-free, non- exclusive and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or . modifications bearing acknowledgment or the Department's name must be approved by the Department prior to reproduction and use of such materials. 3. The Contractor shall give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein; the Department will do likewise. B. Fees Make reasonable efforts to collect 1 st and 3rd party fees, where applicable, and report these as outlined by the Departnient's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by the Department at the effective date of this agreement, and provide the Department with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. E. Record Maintenance/Retention Maintain adequate program and fiscal records and files including source documentation to support program activities and all expenditures made under the terms of this — agreement, as required. Assure that all terms of the agreement will be appropriately adhered to and that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than three (3) years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved. 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 the extent authorized by applicable state or federal taw, rule or regulation, to records, files, and documentation related to this agreement. G. Single Audit Provide, consistent with regulations set forth in the Single Audit Act Amendments of 1996, 31 USC 7501 et seq, and Office of Management and Budget Circular (OMB) A- 133, "Audits of States, Local Governments, and Non-Profit Organizations", a copy of the annual audit reporting package of the Contractor to the Department. The audit reporting Page: 1 of 9 package and management letter are due within nine months after the end of the Contractor's fiscal year. The audit reporting package and management letter are required to be filed with the Department even if there are no findings reported in the audit pertaining to Department programs. The federal OMB Circular A-133 requires either a single audit or program-specific audit (when administering one federal program) of agencies that expend $300,000 or more of federal grant funding during the Contractor's fiscal year. Contractors that fall below the single audit threshold, are exempt from the single audit requirements. However, for Contractors receiving $300,000 or more of total Department grant funding, a copy of the financial audit prepared in accordance with generally accepted auditing standards must be submitted as a minimum requirement of the Department. The Department or federal agencies, may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. The Contractor's records must also be available for review or audit by appropriate officials of the Department or federal agencies (i.e., federal awarding agency or General Accounting Office). The Contractor must also assure that each of its subcontractors comply with the above audit requirements, as applicable, and provide for other subrecipient monitoring procedures, as deemed necessary. A copy of the audit reporting package or financial audit should be forwarded to: Michigan Department of Community Health - Rate Development, Revenue Reimbursement and Payment Settlement Bureau P.O. Box 30479 Lansing, MI 48909-7979 H. Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source which would require or result in significant modification in the provision of services or funding or compliance with operational procedures. Year 2000 Compatibility The Contractor must ensure year 2000 compatibility for any' software purchases related to this agreement. This shall include, but is not limited to: data structures (databases, data files, etc.) that provide 4-digit date century; stored data that contain date century recognition, including but not limited to, data stored in databases and hardware device internal system dates; calculations and program logic (e.g., sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values) that accommodates same century and multi-century formulas and date values; interfaces that supply data to and receive data from other systems or organizations that prevent non-compliant dates and data from entering any State system; user interfaces (i.e., screens, reports, etc.) that accurately show 4-digit years; and assurance that the year 2000 shall be correctly treated as a leap year within all calculation and calendar logic. J. Human /Subjects The Contractor agrees to submit 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 Human Subjects Committee for approval prior to the initiation of the research. 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. Page: 2 of 9 B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and to provide the Contractor with any new report forms and reporting formats proposed for issuance thereafter at least ninety (90) days prior to required usage to afford the Contractor an opportunity for review and commentary. Assurances The following assurances are hereby given to the Department: A. Compliance with Applicable Laws The Contractor will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this agreement. The Contractor will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. B. Anti-Lobbyinq Act The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of the Departments of Labor, Health and Human Services and Education, and Related Agencies 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. 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-discriminatiori in employmerit, service delivery and access, as herein specified binding upon each stibcontractor. 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. Additionally, assurance is given to the Department that proactive efforts will be madE to identify and encourage the participation of minority owned, women owned, an handicapper owned businesses in contract solicitations. The Contractor sha incorporate language in all contracts awarded: (1) prohibiting discrimination agains. minority owned, women owned, and handicapper owned businesses i 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 feder regulation 45 CFR Part 76 and certifies to the best of its knowledge and belief that including its employees and subcontractors: Page: 3 of 9 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 3 year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and; 4. Have not within a 3 year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. E. Federal Requirement: Pro-Children Act 1. Assurance is hereby given to the Department that the Contractor will comply with Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 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 and/or the imposition of an administrative compliance order on the responsible entity. The Contractor als6 assures that this language will be included in any subawards which contain provisions for children's services. 2. The Contractor also assures, in addition to compliance with Public Law 103-227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility, under the control of the Contractor. If activities or services are delivered in facilities or areas that are not under the control of the Contractor (e.g., a mall, restaurant or private work site), the activities or services shall be smoke-free. F. Hatch Political Activity Act and Intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1508, and ti Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Refo Act, Public Law 95-454, 42 USC 4728. Federal funds cannot be used for partisan politil purposes of any kind by any person or organization involved in the administration of federa assisted programs. G. Home Health Services If the Contractor provides Home Health Services (as defined in Medicare Part B), following requirements apply: 1. The Contractor shall not use categorical grant funds provided under this agreeme to unfairly compete for home health services available from private providers of tl same type of services in the Contractor's service area. Page: 4 of 9 2. For purposes of this agreement, the term "unfair competition" shall be defined as offering of home health services at fees substantially less than those generally charged by private providers of the same type of services in the Contractor's area, except as allowed under Medicare customary charge regulations involving sliding fee scale discounts for low-income clients based upon their ability to pay. 3. If the Department finds that the Contractor is not in compliance with its assurance not to use state local public health operations and categorical grant funds to unfairly compete, the Department shall follow the procedure required for failure by local health departments to adequately provide required services set forth in Sections 2497 and 2498 of 1978, PA 368, as amended (Public Health Code), MCL 333.2497 and 2498, MSA 14.15 (2497) and (2498). H. Subcontracts Assure for any subcontracted service, activity or product: 1. That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions to this policy may be granted by the Department upon written request within 30 days of execution of the agreement. 2. That any executed subcontract to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non-conflicting provisions not set forth in this agreement; b. Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. 3. That the subcontract does not affect the Contractor's accountability to the Department for the subcontracted activity. 4. That any billing or request for reimbOrsement for iubcontract 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. Procurement Assure that all purchase transactions, whether negotiated or advertised, shall be conducts openly and competitively in accordance with the principles and requirements of OMB Circule A-102 (as revised), implemented through applicable portions of the associated "Comma Rule" as promulgated by responsible federal contractor(s), or OMB Circular A-110, applicable, and that records sufficient to document the significant history of all purchases a maintained for a minimum of three years after the end of the agreement period. Pap: 5 of J. Health Insurance Portability and Accountability Act To the extent that this act is pertinent to the services that the Contractor provides to the Department, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements. IV. Financial Requirements A. Operating Advance An operating advance may be requested by the Contractor to assist with program operations. The request should be addressed to the Contract Manager identified in Part I, Item 8. The operating advance will be administered as follows: 1. The advance amount requested must be reasonable in relationship to the program's requirements, billing cycle, etc.;and in no case may exceed the amount required for 60 days operating expense. Operating advances will be monitored and adjusted by the Department according to total Department agreement amount. 2. The advance must be recorded as an account payable to the Department in the Contractor's financial records. The operating advance payable must remain in the Contractor's financial records until fully recovered by the Department. 3. The monthly Financial Status Report (FSR) reimbursement for actual expenditures by the Department should be used by the Contractor to replenish the operating advance used for program operations. 4. The advance must be returned to the Department within 30 days of the end date of this agreement unless the Contractor has a recurring agreement with the Department, and may snot be held pending agreement audit. Subsequent Department agreements may be withheld pending recovery of the outstanding advance from a prior agreement. If the Contractor has a recurring agreement with the Department, •the operating advance outstanding must be confirmed at the end of each fisCal year. The Department may obtain the Michigan Department of Treasury's assistance in collecting outstanding operating advances. The Department will comply with the Michigan Department of Treasury's Due Process procedures prior to forwarding claims to Treasury. Specific Due Process procedures include the following: a. Department offer of a hearing to dispute the debt, identifying the time, place and date of such hearing. b. A hearing by an impartial official. c. An opportunity for the Contractor to examine department's associated records. d. An opportunity for the Contractor to present evidence in person or in writing. e. A hearing official with full authority to correct errors and make a decision not to forward debt to Treasury. f. Contractor representation by an attorney and presentation of witnesses if necessary. Paget 6 of 9 5. At the end of either the agreement period or Department's fiscal year, whichever is first, the Contractor must respond to he Department's request for confirmation of the operating advance. Failure to respond to the confirmation request may result in the Department recovering all or part of an outstanding operating advance. B. Reimbursement Method The Contractor will be reimbursed in accordance with the staffing grant reimbursement 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. C. Financial Status Report Submission Financial Status Reports (FSRs) shall be prepared and submitted to the Michigan Department of Community Health, Budget and Finance/Administration, Accounting Division, Expenditure Operations Section, P.O. Box 30720, Lansing, Michigan 48909, 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. Attachment D contains the FSR form. Instructions for completing the FSR form are available through your Contract Manager or the Department's web site. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. D. Reimbursement Mechanism - All contractors are encouraged to sign up through the on-line vendor registration process to receive all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits. E. Final Obligations and Financial Status Report Requirements A report of estimated total agreement expenditures must be submitted based on annual guidelines and deadlines issued by the Department. Final FSRs are due sixty (60) days following the end of the fiscal year or agreement period. The final FSR must be clearly marked "Finar. Final-FSRs not received by the due date may result in a loss of funding requested 'per the report of estimated total agreement expenditures 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. Page: 7 of 9 B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. C. This agreement may be terminated immediately if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section III.D. of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial performance, and other reports required as a condition of this agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII. Severabilitv • If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. VIII. Amendments Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. 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 govemmentaLimmunity•that has been provided to the Contractor or its employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the Department) or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the Page: 8 of 9 State, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. X. Conflict of Interest The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended, MCL 15.341 et seq, MSA 4.1700 (71) et seq. Xl. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. XII. Confidentiality - Both the Department and the Contractor shall assure that medical services to and information contained in medical records of persons served under this agreement, or other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form which does not directly or indirectly identify particular individuals. Page: 9 of 9 ATTACHMENT A STATEMENT OF WORK ••• 4 Statement of Work Purpose and Activities A. The purpose of Victims of Crime Act Victim Assistance grants is to expand and enhance local services available to crime victims. The safety, rights, dignity, and healthy recovery of victims of crime are the dominant focus of this effort. B. The Contractor will carry out the funded project as described in the approved application and as provided for by resources in the approved budget detail. The provision of direct services to crime victims in the community, as detailed in the approved position descriptions and project summary, shall be the sole or primary activity undertaken by the Contractor pursuant to this agreement. C. Program guidelines (CVA-302A) distributed with the application for funding must be maintained by the Contractor as authoritative reference for all duties and activities directly funded by and/or associated with a project funded through this agreement. Questions concerning guideline requirements and interpretation shall be determined by the Contract Manager. ATTACHMENT Assistar able to cr :covery -eject as dt Dr by resou irect service he approve e the sole ant to this ag i with the ar ractor as autt ly funded IT gh this agr its and interp r. 13UD0ET DETAIL DCH-0385FY2002 (E) 6/2001 (W) Replaces F1N-110 COMPLETION IS A CONDITION OF FUNDING MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET SUMMARY Page 1 Of 2 PROGRAM CODE BUDGET PERIOD DATE PREPARED District Court 2068 FROM 10/01/2002 TO 09/30/2003 8/19/2002 Advocacy Program 7- 4V01 CONTRACTOR ORIGINAL AGREEMENT AMENDMENT # County of Oakland ADDRESS CITY STATE ZIP CODE PAYEE IDENTIFICATION 1200 N. Telegraph Pontiac MI 48341 38-6004876 EXPENDITURE TOTAL BUDGET CATEGORY . Salaries and $91,178 Wages . Fringe Benefits $31,520 L. 3. Travel $ 3,575 4. Supplies and $ 1,200 Materials 5. Contractual $ (Subcontracts) . Equipment $ 0 . Other Expenses $ 1,776 - . TOTAL DIRECT $129,249 EXPENDITURES . Indirect Costs: Rate #1 % Indirect Costs: Rate #2% 10. Other Cost Distributions • 11. TOTAL $129,249 EXPENDITURES SOURCE OF FUNDS 12. Eees and Collections 13. State Agreement $103,399 14. Local $14,000 15. Federal 16. Other $11,850 17. TOTAL $129,249 FUNDING ATTACHMENT B • MICHIGAN DEPARTMENT Of COMMUNITY HEALTH PROGRAM BUDGET - COST DETAIL PAGE 2 OF 2 Program District Court Advocacy Program Code Budget Period Date Prepared FROM 10/1/2002 TO 9P3012003 8/19/2002 Contractor County of Oakland Original Budget Amended Budget Amendment Number 5 1. SALARIES_WAGES POSITIONS TOTAL SALARY COMMENTS POSITION DESCRIPTION REQUIRED Heidi Hietela, Victim Advocate 1 $39,664 Terry R Healy, Victim Advocate I $39,664 Volunteer, victim advocate intern 0.36 $11,850 TOTAL SALARIES AND WAGES 2.36 $91,178 2. TOTAL FRINGE BENEFITS: (Specify) FICA n LIFE INS. v DENTAL INS. 5 PROF. MALPRACTICE UNEMPLY INS. M VISION INS. WORK. COMP. 5 RETIREMENT HEARING INS. a HEALTH INS 5 COMPOSITE RATE 35% HOSP. INS. El OTHER: V DISABILITY INS 5 AMOUNT $31,520 3. TOTAL TRAVEL (Specify if any item exceeds 10% of Total Expenditures) $3,575 (See Attached) 4. TOTAL SUPPLIES MATERIALS (Specify if any Items exceeds 10% of Total Expenditures $1,200 (See Attached) 5. TOTAL CONTRACTUAL (Sub-Contracts) $0 (See Attached) 6. TOTAL EQUIPMENT (Specify) $0 (See Attached) 7. TOTAL OTHER EXPENSES (Specify If any item exceeds 10% of Total Expenditures) . Communications Space Cost Other $1,776 8. TOTAL DIRECT EXPENDITURES(Sum of Totals of lines 1-7) $129,249 9. INDIRECT COST CALCULATIONS i10. OTHER COST DISTRIBUTIONS (LOCAL HEALTH DEPARTMENTS ONLY) 11. TOTAL EXPENDITURES (SUM OF LINES 8-10) $129,249 COMPLETION IS A CONDITION OF FUNDING AUTHORITY: P.A. 368 OF 1978 $3,034 $10 $448 Applicaticip menu. I Change Password Budget Section District Court Advocacy Program; County of Oakland udget Summary Idget Line Item Voca Federal Amount + Local Match Amount = Total Project Amount, 31aries and Wages. $65,328 $25,850 $91,178 Inge Benefits $31,520 $0. $31,520 ravel $3,575 $0 $3,575 upplies and Materials $1,200 $0 $1,200 ontractual $0 $0 quipment $0 $0 , ther Expenses $1,776 $0 $1,776, Total $103,399 $25,850 $129,249 Percentage 80% 200/0 100% latch ource and method of calculating match Amount lealy & Hietela Sarary (Oakland County Funds) $14,000 'olunteers ($14.78 x 745 hours + FICA) $11,850 Total $25,850 Current Cash Match Current In-Kind Match Current Total Match $14,000 $11,850 $25,850 ;alaries and Wages _ =Total Hours VOCA Federal +Local Match lame and Position Title Hourly Salary Rate Project Devoted Amount Amount Amount . _ Is. Terry R Healy, Victim Advocate $19.07 2080 $32,664 $7,000 $39,664 Is. Heidi Hietela, Victim Advocate $19.07 2080 $32,664 $7,000 $39,664 folunteer, Volunteer, victim advocate intern $14.78 745 $0.00 $11,850 $11,850 Total Salaries and Wages_ $65,328 $25,850_ $91,178 3ersonnel Budget Detail Worksheet Jame Ms. Terry R Healy flue Victim Advocate Education ..i H.S. x B.A. M.A./M.S.W Ph.D. DLD.D Dother 1st Quarter 2nd Quarter 3rd Quarter 14th Quarter Total 10/1 - 12/31 1/1 - 3/31 4/1 - 6/30 7/1 - 9/30 5alary late per hour $19.07 - $19.07- $19.07 $19.07 Number of VOCA Hours per Quarter 520 520 520 520 - Number of Non-VOCA Hours per Quarter 0 0 0 0 Total gross wages $9,916.40 $9,916.40 $9,916.40 $9,916.40 $39,666 Fringe Benefits - Mandated FICA (7.65% of salary) Unemployment (Rate 0.11% X 100% x $9,500) Worker's Compensation (Rate $1.13 per $100) - rlatec for voluntary incuranre should be a consideration in budget development.) :h Insurance ' $1,234 ' $1,234 $1,234 $1,234 $4,936 al Insurance $147 $147 $147 $147 $588 bility Insurance $33 $33 $33 $33 $132 Insurance $45 $45 $45 $45 $180 7e Benefits - Other essional Malpractice Insurance $0 $0 $0 $0 $0 .irement $1,608 $1,608 $1,608 $1,608 $6,432 Total $55,426 rsonnel Budget Detail Worksheet ne Ms. Heidi Hietela e ViCtim Advocate ucation H.S. 7( B.A. • M.A./M.S.W Ph.D. J.D.D Other , 1st Quarter 2nd Quarter 1 3rd Quarter 4th Quarter 'Total 10/1 - 12/31 1/1 - 3/31 4/1 - 6/30 7/1 - 9/30 lary ite per hour $19.07 $19.07, $19.07 $19.07 umber of VOCA Hours per Quarter 520 520, 520 520 - umber of Non-VOCA Hours per Quarter 0 0 0 0 ... )tal gross wages $9,916.40 $9,916.40 $9,916.40 $9,916.40_ $39,666 Inge Benefits - Mandated ' ICA (7.65% of salary) $3,034 lnemployment $10 Rate 0.11% x 100% x $9,500) Yorker's Compensation $448 Rate $1.13 per $100) :ringe Benefits - Voluntary (Eligibility dates for voluntary insurance should be a consideration in budget development.) iealth Insurance $1,234 $1,234 $1,234 $1,234 $4,936, Dental Insurance $147 $147 $147 $147 $588 Disability Insurance $33 $33 $33 $33 $132 Life Insurance $45 $45_ $45 $45 $180 Fringe Benefits - Other Professional Malpractice Insurance $0 $01 $0 $0 $0 retirement $1,608 $1,608 $1,608 $1,608 $6,432 , . Total $55,426 Fringe Benefits FICA $6,068 $0 $6,06: Unemploymdnt $20 $0 $21 , . Workers Compensation $896 $0 $89 Health Insurance $9,872 $0 $9,87 Dental Insurance $1,176 $0 $1,17 Disability Insurance $264 $0 $26 ;Life Insurance $360 $0 Professional Malpractice Insurance $0 $0 4 Other $12,864 $0 $12,80 Total Fringe Benefits $31,520 $0, $31,5: Travel 1 VOCA +Local =Total ;Description' 'Number of [Mileage 'Mileage Cost Miles Rate , Number Lodging Meals of Days Cost Per Day Federal Match Project Amount Amount AMOUnt $0 Total Other Expenses $1,776 $1,776 age ' * ' • 5000 $0.37 $1,825,000 .• $0.00 $0.00 $1,825 $0 $1,825 f Development 0 $0.00 $0.00 0 $0.00 $0.00 $1,750 $0 $1,750 ferences , :I rates may not exceed state rates listed as follows, unless they have approved by CVSC: Mileage 0.365 per mile; Lodging 65.00; and Meals: Total Travel $3,575 $0 $3,575 kfast 7.00, Lunch 7.25, Dinner 16.50. , 'plies and Materials I Explanation Quantity, Unit Price VOCA Federal Amount +Local Match Amount al =Tot Project Amount ice supplies paper,postage,etc. 3 $0 _ $1,200 $0 $1,200 $400.00_ $1,200 $1,2001 Total Supplies and Materials ntractual Hourly or Hours or =Total Hourly or VOCA Federal +Local Match ne/Affiliation Daily Salary Days Project Daily Amount Amount Rate Devoted Amount , .... itractual rates may not exceed $56.25 per hour or $450.00 per day. Total Contractual $0 luipment Purchase Monthly VOCA Federal +Local Match =Total im Quantity Price Lease Amount Amount Project Total Equipment $0_ Over Expenses pace Expenses Square Feet Amount per Square Foot VOCA Federal Amount +Local Match Amount =Total Project Amount :ommunication Expenses Type of Communication Monthly Fee VOCA Federal Amount +Local Match Amount =Total Project Amount :ell phones $132.00 $1,584 $0 $1,584 pagers $16.00 $192 $0 $192 Emergency Financial Assistance Expenses Number of Victims J Maximum Amount Per Case VOCA Federal Amount L +Local Match Amount =Total Project Amount Memberships Organization Name Yearly Membership Fee VOCA Federal Amount 1 +Local Match Amount J =Total Project Amount Other Expenses Description VOCA Federal Amount +Local Match Amount =Total Project Amount Application Menu Chance Password ATTACHMENT C PERFORMANCE AND PROCESS REPORT REQUIREMENTS ATTACHMENT C PERFORMANCE / PROGRESS REPORT REQUIREMENTS FY 10/1/2002 — 9/30/2003 -- "a. The Contractor shall submit the following reports on the following dates: October 30, 2002 Constitutional Victims Rights Notice due November 30, 2002 October Monthly Financial Report December 30, 2002 November Monthly Financial Report January 20, 2003 l st Quarterly Program Report (10/1/2002 - 12/31/2002) January 30, 2003 December Monthly Financial Report February 30, 2003 January Monthly Financial Report March 30, 2003 February Monthly Financial Report April 20, 2003 2nd Quarterly Program Report (1/1/2003- 3/30/2003) April 30, 2003 March Monthly Financial Report - - May 1, 2003 Contractor shall submit final Agreement Amendment Request. Contractor required to advise Commission if funds may not be used during fiscal year (10/1/2002 - 9/30/2003). May 30, 2003 April Monthly Financial Report June 30, 2003 May Monthly Financial Report July 20, 2003 3rd Quarter'ly Program Report (4/1/2003 - 6/30/2003) July 30, 2003 June Monthly Financial F3eport August 30, 2003 July Monthly Financial Report September 30, 2003 August Monthly Financial Report October 20, 2003 • 4th Quarterly Program Report (7/1/2003 - . • 9130/2003) October 30, 2003 September MOnthly Financial Report November 30, 2003 FY 2002-03 Expenditure & Program Report (10/1/2002 - 9/30/2003) a b. Any such other information shall be developed and submitted by the Contractor as required by the Contract Manager. c. Contractor shall enter Monthly Financial (CVA-305), Quarterly Program (CVA- 306), Fiscal Year Expenditure and Program Report (CVA-307), Agreement Amendment Request (CVA-304r) at URL: http://s1gmaweb.mdch.state.mi.us1s1gma2/ d. The Contract Manager shall evaluate the reports submitted as described in Attachment C, Items a.-c. above for their completeness and adequacy. e. The Contract Manager shall permit the Department or its designee to visit and to make an evaluation of the project as determined by Contract Manager. ATTACHMENT D FISCAL YEAR EXPENDITURE AND PROGRAM REPORT Contractor shall enter Fiscal Year Expenditure and Program Report (CVA-307) at URL: http://sigmaweb.mdch.state.mi.us/sigma2/ ATTACHMENT E VICTIMS OF CRIME ACT VICTIM ASSISTANCE GRANT ASSURANCES ATTACHMENT E VICTIMS OF CRIME ACT & VICTIM ASSISTANCE GRANT ASSURANCES I. Responsibilities - Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Provide a financial audit. Agencies that expend less than $300,000 a year in aggregate state and federal funds from the Department are exempt from the single audit requirements for that year. However, a copy of a financial audit prepared in accordance with generally accepted auditing standards and generally accepted government auditing standards must be filed with the Department. B. Forward to the Crime Victim Services Commission the completed original audit report and applicable management letters (and corrective action plan) for the agency within thirty (30) days of publication of the report. C. If an audit report disallows costs, the Contractor will forward the amount of the disallowed costs to the Crime Victim Services Commission within ninety (90) 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 immediate agreement cancellation. D. Provide comments on the findings and recommendations in the audit report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. E. Assist victims in seeking available crime victims compensation benefits. F. Incorporate the use of volunteers unless the Department determines compelling reasons exist to waive this requirement. G. Provide formal crime victims rights notice of available project services with the following information to all law enforcement agencies and prosecuting attorneys within the service area of the funded project within thirty (30) days of the project start date. Forward a copy of this notice and distribution list within thirty (30) days of the project start date to the Department. (1) A brief project description containing the 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 of the project. H. Provide services, at no charge, through VOCA funded staff. The Contractor is prohibited from earning program income by charging a crime victim, or a third-party payor, for any services supported with VOCA funds. Complete and keep on file as appropriate, the Immigration and Naturalization Service Employment Eligibility Form (I-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. J. Assure that appropriate funding acknowledgment is included in all materials publicizing or resulting from award activities, in press releases, program brochures and other information about the project. The funding agency for your victims 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: 1 This project (agreement project title) was supported by Crime Victim Assistance Grant Award CVAII 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 (state source of cash match).) If a publication is provided as part of this award, the publication shall include the following statement: 'The opinions, findings, and conclusions or recommendations expressed in this publication/program exhibition are those of the author(s) and do not necessarily reflect the view of the U.S. Department of Justice or the Michigan Department of Community Health. K. 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. IL Record Maintenance/Retention A. 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. B. 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. Funding A. Total funding provided through the Department for the agreement shall not exceed the amount shown in the Federal Funds section of the budget detail except as adjutted by amendment. The Contractor must advise the Department in writing by May 1, if the amount of Department funding may not be used in its entirety. B. No agreement funds will be used for indirect costs or administrative costs. C. Crime Victim assistance grant funds made available under the Victims of Crime Act will not be used tl supplant state and local funds that would otherwise be available for crime victim assistance. D. Fringe benefits provided for under this agreement are actual employer costs for the Victims of Crirr Act funded (federal or match) staff only. Victim assistance funds shall be used only to employ staff and cover approved costs to provi( services to victims of crime. IV. Responsibilities - Department The Department in accordance with the general purposes and objectives of this agreement will: A. Provide technical assistance to the Contractor to aid in accomplishing the stated purpose objectives of this agreement. B. Provide guidelines outlining the data required for evaluation and proper reporting of financial program activities information. C. Perform appropriate reviews to determine whether the Contractor is meeting its responsibilities under the terms of this agreement. D. Monitor compliance with all applicable provisions contained in federal grant awards and their attendant rules, regulations and requirements pertaining to program elements covered by this agreement. V. Assurances A. A Contractor must inform the Crime Victim Services Commission in writing if any federal or state court or administrative agency makes a finding of discrimination, taken against the Contractor, on the grounds of race, religion, national origin, sex, or disability against a recipient of VOCA victim assistance funds. A copy of the findings will be forwarded to the Crime Victim Services Commission for the State of Michigan and the Office for Civil Rights Compliance at Office of Justice Programs at the Department of Justice. B. In the event of a formal allegation or a finding of fraud, waste, and/or abuse of VOCA funds, the Contractor is required to immediately notify the Crime Victim Services Commission of said finding. The Contractor is also obliged to apprise the Crime Victim Services Commission of the status of any on-going investigations. VI. Payment and Reporting Procedures A. The Contractor must comply with the data collection, retention and reporting requirements established by the Crime Victim Services Commission as outlined in the Application, VOCA Guidelines and Assurances. Failure to comply will result in Crime Victim Services Commission action to withhold the release of funds. B. All VOCA grant funded and match positions must maintain an Employee Funding Distribution Time Report to ensure proper allocation of expenditures to this agreement. C. Fund accounting, auditing,*monitoring, and evaluation procedures shall be provided in accordance with generally accepted accounting procedures to ensure fiscal control, proper management, and efficient disbursement of funds received under the agreement. D. 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. E. The Contractor will maintain an equipment inventory and records to include copies of purchase orders and invoices for the purchase and rental of propehy approved by the Crime Victim Services Commission as allowable costs. The applicant will promptly notify the Crime Victim Services Commission when any property approved under any agreement can no longer be reasonably used to the purposes stated in the application. F. The Contractor assures that information will be collected and maintained on victim services by rao sex, national origin, age, and handicap. Collection of this information is for statistical purposes onl This information is protected by federal privacy laws and state confidentiality requirements. G. The Contractor assures that it will maintain appropriate programmatic and financial records that fu disclose the amount and disposition of VOCA and match funds received. This includes financ documentation for disbursements; daily time and attendance records specifying time devoted to t VOCA project; client files; the portion of the project supplied by other sources; and other records wh will facilitate an effective audit. • Agreement Period 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 any 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. VIII. Amendments A. The Contractor assures that it will on a timely basis notify the Crime Victim Services Commission of any changes which require the use of a Contract Adjustment Request form (CVA-304R). This form requires that the Contractor briefly outline: 1) reason for the amendment, 2) budget changes, 3) changes in grant funded staff, 4) changes in grant contract personnel, and 5) changes in project address or changes in scope of the programmatic activities or purpose of the project, including delay in , grant implementation. B. Any changes to the agreement will be valid only if made in writing and accepted by all parties to the agreement. IX. 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 security bonds in an amount equal to, or more than, the total dollars awarded under this Agreement. X. Confidentiality A. The Contractor will establish procedures to ensure Confidentiality of Research Information. Except as otherwise provided by Federal law, no recipient of monies under VOCA shall use or reveal any research or statistical information furnished under this program by any person, and identifiable to any specific private person, for any purpose other than the purpose for which such information was obtained, in accordance with VOCA. Such information, and any copy of such information," shall be immune from legal process and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceeding. (See Section 1407(d) of VOCA, codified at 42 U.S.C. 10604.) B. This provision is intended, among other things, to assure the confidentiality of information provided by crime victims to counselors working for victim services programs receiving VOCA funds. Whatever the scope of application given this provision, it is clear that there is nothing in VOCA or its legislative history to indicate that Congress intended to override or repeal, in effect, a State's existing law governing the disclosure of information, which is supPortive of VOCA's fundamental goal of helping crime victims. For example, this provision would not act to override or repeal, in effect, a State's existing law pertaining to the mandatory reporting of suspected child abuse. See Pennhurst State School and Hospital v. Halderman, et al., 451 U.S. 1(1981). Furthermore, this confidentiality provision should not be interpreted to thwart the legitimate informational needs of public agencies. For example, this provision does not prohibit a domestic violence shelter from acknowledging, in response to an inquiry by a law enforcement agency conducting a missing person investigation, that the person is safe in the shelter. Similarly, this provision does not prohibit access to a victim service, project by a Federal or State agency seeking to determine whether Federal and State funds are being utilized in accordance with funding agreements. • Schedule A Prosecuting Attorney VOCA Victim Assistance Grant Comparison of FY 2002 Revised Budget to FY 2003 Grant Award Revised Variance Budget Application Award FY 2002 Budget FY 2002 FY 2003 FY 2003 to FY 2003 Award Positions 2 2 2 Obj 2001 Salaries $ 76,560 $ 96,683 $ 91,178 $ 14,618 2075 Fringes 25,129 31,520 31,520 6,391 3756 Travel 4,175 20,856 3,575 (600) 4252 Office Supplies 6,825 1,200 1,200 (5,625) 6675 Telephone Comm. 1,326 1,772 888 (438) 6636 IT Operations 1,326 4,744 888 (438) Grant Total $ 115,341 $ 156,775 $ 129,249 $ 13,908 Grant - State $ 92,273 80.00% $ 125,420 80.00% $ 103,399 80.00% County Cash Match $ 12,076 10.47% $ 14,000 8.93% $ 14,000 10.83% In Kind Match $ 10,992 9.53% $ 17,355 11.07% $ 11,850 9.17% Revenue Total $ 115,341 $ 156,775 $ 129,249 Prepared by Fiscal Services Since9 or i! STATE OF MICHIGAN JOHN ENGLEFI, Governor DEPARTMENT OF COMMUNITY HEALTH JAMES K. HAVEMAN, JR., Director CRIME VICTIM SERVICES COMMISSION LEWIS CASS BUILDING 320 SOUTH WALNUT STREET LANSING, MI 48913 August 19, 2002 Daniel N Cojanu, Victim Services Supervisor County of Oakland 1200 N. Telegraph Pontiac, MI 48341 RE: FY 2002-2003 VOCA Application CVA# 20687-4V01 District Court Advocacy Program Dear Mr. Cojanu: I am 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 your project is $103,399. Enclosed are two original copies of your project agreement. 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 copies must be signed by your authorizing official and immediately returned to the Crime Victim Services Commission - Crime Victim Assistance Grants, 320 S. Walnut Street, Lansing, MI 48913. Please act promptly to obtain the required signatures and to return the both copies to us. Your 'agency may not charge expenditures to this contract until both signed copies are returned to us and signed by the Deputy Director of the Department of Community Health and the project period has begun. Retroactive approval of expenditures will not occur. Upon execution of the authorized signature for the Department, an original copy will promptly be returned to you along with other grant administration documentation. You are encouraged to maintain a copy of the agreement for your records until your signed original is returned. 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, the payment of all bills of collection and refunds due this office. Again, I 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 Leslie A. O'Reilly, Program Specialist, 4617/334-9180 or oreillvl@michioan.00v via Internet e-mail. Michael J. Fullwood Director Enclosures Laurie VanPelt 2.102. DCH-0121 12/ FISCAL NOTE (MISC. #02228) September 19, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2003 VICTIMS OF CRIME ACTS (VOCA) GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Resolution and finds: 1. The Prosecuting Attorney is requesting the acceptance of the FY 2003 Victims of Crime Acts (VOCA) Grant. 2. The grant award of $129,249 is $13,908 (12.06%) higher than the current revised award of $115,341 (shown on Schedule A). The County contribution includes the Prosecuting Attorney's In Kind Match of two voluntary part-time Victim Advocate intern positions and cash match of $14,000, which is included in the FY 2003 Finance Committee Recommended Budget. 3. Acceptance of this grant does not obligate the County to future commitments and continuation as stated is contingent upon future grant funding. 4. The Prosecutor's FY 2003 VOCA Grant budget will be amended as shown on Schedule A. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Causey-Mitchell and Palmer absent. Schedule A Prosecuting Attorney VOCA Victim Assistance Grant Comparison of FY 2002 Revised Budget to FY 2003 Grant Award Revised Variance Budget Application Award FY 2002 Budget FY 2002 FY 2003 FY 2003 to FY 2003 Award Positions 2 2 2 Obj 2001 Salaries $ 76,560 $ 96,683 $ 91,178 $ 14,618 2075 Fringes 25,129 31,520 31,520 6,391 3756 Travel 4,175 20,856 3,575 (600) 4252 Office Supplies 6,825 1,200 1,200 (5,625) 6675 Telephone Comm. 1,326 1;772 888 (438) 6636 IT Operations 1,326 4,744 888 (438) Grant Total $ 115,341 $ 156,775 $ 129,249 $ 13,908 Grant-State $ 92,273 80.00% $ 125,420 80.00% $ 103,399 80.00% County Cash Match $ 12,076 10.47% $ 14,000 8.93% $ 14,000 10.83% In Kind Match $ 10,992 9.53% $ 17,355 11.07% $ 11,850 9.17% Revenue Total $ 115,341 $ 156,775 $ 129,249 Prepared by Fiscal Services G. William Cada' P P Resolution #02228 September 19, 2002 Moved by Coleman supported by Crawford the resolutions on the Consent Agenda, be adopted. AYES: Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted. HERF.BY 5 A2 Fnr-n-r=nikr, RESOLUTION 7/2 /o .2- Oate STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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, 2002, 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 19th day of September, 2002. 1. Brooks P raw. County Executive