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HomeMy WebLinkAboutResolutions - 2003.07.31 - 27171FINTACE COMMITTEE 214y ,D REPORT (MISC. #03185) July 31, 2003 BY: Finance Committee, Chuck Moss, Chairperson RE: PROSECUTING ATTORNEY - FY 2004 DISTRICT COURT ADVOCACY PROGRAM - VICTIMS OF CRIME ACT (VOCA) GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, request that the following be amended: 1) The first (1 t )WHEREAS be amended to reflect the award amount of $122,746 instead of the application amount of $122,793. 2) The fourth (4 th )WHEREAS be amended to reflect the award amount of $122,746 instead of the application amount of $122,783. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Suarez, Palmer and Crawford absent. PUBLIC SER ICES COMMITTEE 15 /, MISCELLANEOUS RESOLUTION #03185 July 31, 2003 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2004 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 to the Oakland County Office of the Prosecuting Attorney Victims of Crime Act (VOCA) grant funding in the amount of $122,783 for the period of October 1, 2003 through September 30, 2004; and WHEREAS this is the fifth (5th) 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 2004 award of $122,783 is 5.03% lower than the current award; and WHEREAS the State contribution is $98,197 (80%), the County contribution is $24,549 (20%-); and WHEREAS the required County grant match of $14,000 and In Kind match of $10,549 for voluntary part-time Victim Advocate Intern positions is included in the FY 2004 Executive Recommended Budget; and WHEREAS this grant includes continued funding of salaries and fringe benefits for two (2) Victim Advocate positions (#41101-09398, #41101-09647) and also includes funding for mileage, office supplies, cellular phones and pagers; 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 $122,746, including the Prosecuting Attorney's In Kind Match of voluntary part-time Victim Advocate Intern positions, and $14,000 in grant match for the period of October 1, 2003 through September 30, 2004. 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. Public Services Committee Vote: Motion carried unanimously on a roll call vote. Schedule A Prosecuting Attorney VOCA Victim Assistance Grant Comparison of FY 2003 Budget to FY 2004 Grant Award Variance Budget Application Award FY 2003 Budget FY 2003 FY 2004 FY 2004 to FY 2004 Award Positions 2 2 2 Obj 2001 Salaries $ 91,178 $ 86,456 $ 86,449 $ (4,729) 2074 Fringes 31,520 31,197 31,197 (323) 3292 Pers. Mileage - 2,154 2,124 2.124 3756 Travel 3,575 - (3,575) - 4252 Office Supplies 1,200 1,200 1,200 - 6660 Radio Comm. - 192 192 192 6675 Telephone Comm. 888 1,584 1,584 696 6636 IT Operations 888 - - (888) Grant Total $ 129,249 $ 122,783 $ 122,746 $ (6,503) Grant - State $ 103,399 80.00% $ 98,226 80.00% $ 98,197 80.00% County Cash Match $ 14,000 10.83% $ 14,000 11.40% $ 14,000 11.41% In Kind Match $ 11,850 9.17% $ 10,557 8.60% $ 10,549 8.59% Revenue Total $ 129,249 $ 122,783 $ 122,746 Prepared by Fiscal Services Gaia Piir From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Friday, July 11, 2003 9:58 AM To: VanLeuvenj; Piir, Gala; Cojanu, Dan; Frederick, Candace Cc: Worthington, Pam Subject: CONTRACT REVIEW— Prosecutor's Office CONTRACT REVIEW - Prosecutor's Office GRANT NAME: District Court Advocacy Program - VOCA FUNDING AGENCY: Michigan Department of Community Health DEPARTMENT CONTACT PERSON: Daniel Cojanu / 59731 STATUS: Acceptance DATE: July 11, 2003 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 (7/1/2003) Personnel Department: No comments. Risk Management and Safety: This is approval by RM&S for this contract without modification. Gerald Mathews (7/2/2003) Corporation Counsel: After reviewing the grant contract and its various attachments, there appear to be no legal issues that require additional action or resolution. - Karen Agacinski ;7/7/2003) 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 GRANT CONTRACT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Ed Poisson — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE —Prosecutor's Office District Court Advocacy Program — VOCA - Michigan Department of Community Health Please be advised the above mentioned grant information went into contract review today. A hard copy of these materials was sent to you for review. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Thank you. Time Frame for Returned Comments: Due July 11, 2003 for Public Services mail out. GRANT INFORMATION Date: June 27,2003 Operating Department: Prosecutors Office-Victim Services Department Contact: Daniel N. Cojanu Contact Phone: 248-975-9731 Internal ID Number: NA Other ID Number: CVA#20687-5V02 REVIEW STATUS: Acceptance Funding Period: 10-1-2003 through 9-30-2004 New Facility Needs: None Funding Continuation: Yes Application Total Project Amount: $122,746 Prior Year Total Funding: $129,249 New Grant Funded Position Requested: No Changes to Current Positions: None — currently funds SR #09398 and #09647 Grantor Funds: $98,197 Total Budget: $122,746 Match and Source: Total match is $24,549, of which $14,000 is from identified and budgeted funds, and $10,549 is allowable In-Kind. PROJECT SYNOPSIS The District Court Advocacy Program provides on-site assistance to victims of crime in all of Oakland Counties sixteen District Courts. These advocates provide crisis intervention, referral services to local agencies, assistance with compensation requests, personal advocacy, and follow up assistance. This program is unique to Oakland County in that it provides a mobile team of victim advocates to assist crime victims. Sincere 3TATE OF MICHIGAN XaCtiYANCKIRY4aeXarr,XXX JENNIFER M. GRANHOLM Governor DEPARTMENT OF COMMUNITY HEALTH Otik6dgRfttbatteStikARMONXIOIRK JANET OLSZEWSKI, Director CRIME VICTIM SERVICES COMMISSION LEWIS CASS BUILDING 320 SOUTH WALNUT STREET LANSING, MI 48913 June 13, 2003 Daniel N. Cojanu, Supervisor Victim Services County of Oakland 1200 N. Telegraph Pontiac, MI 48341 RE: VOCA Application CVA# 20687-5V02 Supervisor Victim Services District Court Advocacy Program Dear Daniel N. 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 $98,197. Enclosed are two original copies of your project agreement. Included in the agreement are the Standard Agreement, General Provisions, Attachment A (Statement of Work), Attanhment B (Budget Detail), Attachment C (Reporting Requirements), Attachment D (Fiscal Year Expenditure and Program Report), Attachment E (Audit Status Notification Letter) and Attachment F (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 no later than July 14, 2003. 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, at 517/334-9180 or oreiliviesnichioan.aov via Internet e-mail. Michael J, Fullwood Director Enclosures Laurie VanPelt DCH-0121 12/97 Contract # P.O. # CVA # 20687-5V02 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 10/01/2003 and continue through 09/30/2004. 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 $122,746. The Department under the terms of this agreement will provide funding not to exceed $98,197. The federal funding provided by the Department is: $98,197 or $80.00%; the Catalog of Federal Domestic 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 award number is 02VA-GX-0026 and federal program title is Victims of Crime Act of 1984. The match requirement of this agreement is $20.00% of the total agreement amount. The Contractor's budgeted match amount is $24,549 and is identified on Attachment B, budget pages. B. Equipment Purchases and Title Any contractor equipment purchases supported in whole or in part through this agreement must be detailed in the supporting detail schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of title. C. Deviation Allowance A deviation allowance modifying an established budget category by $10,000 or 15%, whichever is greater, is permissible without prior written approval of the Department. Any modification or deviations in excess of this provision including any adjustment to the total amount of this agreement, must be made in writing and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories, subcontracts, equipment items or positions not shown in the attached Program Budget Summary and supporting detail schedules. 3. Purpose: The focus of the program is to provide direct services to 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, D, and E 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 F,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 oreillvl@michioan.00v for internet e-mail. 9. Contractor's Financial Contact for the Agreement: The person acting for the Contractor on the financial reporting for this agreement will be: Laurie VanPelt, Dir. Dept. of Management and Budget, (248) 858-2163, vanpeltl@co.oakland.mi.us . 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 (Print) Signature Date Part 11 General Provisions 1. 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 of the Department's name must be approved by the Department prior to reproduction and use of such materials. 3. The Contractor shall give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein; the Department will do likewise. B. Fees Make reasonable efforts to collect 1 st and 3RI party fees, where applicable, and report these as outlined by the Department's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excl.ided 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 records, files and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. G. Single Audit The Contractor must comply with requirements of the Single Audit Act Amendments of 1996, 31 USC 7501 et seq, and Section .32G of Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governnients, and Non-Profit Organizations", and provide the Department copies of any audits of the Contractor on any program elements covered by this agreement. The Contractor is required to file with the Department the Single Audit reporting package and management letter within nine months after the end of the contractor's fiscal year, even if there are no findings reported in the audit pertaining to Department programs. A contractor that expends less than $300,000 in federal awards and received less than $300,000 in total Department funding is required to file the Audit Status Notification Letter (attachment E). The Contractor must also assure that each of its subcontractors comply with these audit requirements (i.e., subcontractors expending $300,000 or more in federal awards during the subcontractor's fiscal year are required to have audits performed in accordance with OMB Circular A-133, and should provide these to the Contractor). The Contractor must assure that the Schedule of Expenditures of Federal Awards includes expenditures for all federally-funded grants. A copy of the Single Audit reporting package should be forwarded to: Michigan Department of Community Health Office of Audit Quality Assurance and Review Section P.O. Box 30479 (Capital Commons Center, 400 S. Pine Street)* Lansing, Ml 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, funding or compliance with operational procedures. 1. 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 (debases, 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. B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and provide to the Contractor any new report forms and reporting formats proposed for issuance thereafter at least ninety (90) days prior to their required usage in order to afford the Contractor an opportunity to review and offer comment. Assurances The following assurances are hereby given to the Department: • A. Compliance with Applicable Laws The Contractor will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this agreement. The Contractor will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. B. Anti-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 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. - 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 handicapped persons 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 handicapped persons 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, 45 CFR Part 76 and certifies to the best of its knowledge and belief that it, including its employees and subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and; 4. Have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. E. Federal Requirement: Pro-Children Act 1. Assurance is hereby given to the Department that the Contractor will comply with Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 6081 et seq, which requires that smoking snot be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The Contractor also assures that this language will be included in any subawards which contain provisions for children's services. 2. The Contractor also assures, in addition to compliance with Public Law 103-227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Contractor. If activities or services are delivered in facilities or areas that are not under the control of the Contractor (e.g., a mall, restaurant or private work site), the activities or services shall be smoke-free. F. Activity Act and Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1508, 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. 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. Home Health Services If the Contractor provides Home Health Services (as _defined in Medicare Part B), the following requirements apply: 1. The Contractor shall not use categorical grant funds provided under this agreement to unfairly compete for home health services available from private providers of the same type of serfices in the Contractor's service area. 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 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. • I. 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 OMB Circular A-110, 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 to a subcontractor as appropriate under this agreement. 2. The Contractor must require the subcontractor not to share any protected health data and information from the Department that falls under HIPAA requirements in the terms and conditions of the subcontract. 3. The Contractor must only use the protected health data and information for the purposes of this agreement 4. The Contractor must have written policies and procedures addressing the use of protected health data and information that falls under the HIPAA requirements. 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. The Contractor's employees must sign confidentiality agreements on an annual basis requiring that protected health data and information that falls under the HIPAA requirements to which they have access will remain confidential. 5. The Contractor must have a policy and procedure to report to the Department unauthorized use or discloture of protected health data and information that falls under the HIPAA requirements of which the Contractor becomes aware. 6. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Part II, Section V. 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 received from the Department or any other source. 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 not 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. 5. At the end of either the agreement period or Department's fiscal year, whichever is first, the Contractor must respond to the 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. The FSR form and instructions for completing the FSR form are available through your Contract Manager or the Department's web site: • http://www.michigan.gov/documents/DCH-0384-Financial_Status_Report_8214_7.pdf and • http://www.michigan.gov/documents/DCH-0384- Financial_Status_Report Instructions_8216_7.pdf. Failure to meet financial reporting responsibilities as identified in this agreement may result in withh&ding 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 "Final". 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. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. C. This agreement may be terminated immediately if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section III.D. of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial, performance and other reports required as a condition of this agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State Of Michigan. VII. Severability If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. , VIII. Amendments Arty 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 governmental immunity that 4s been provided to the Contractor or its employees by statute or court decisions. B. All liability to third parties, loss, pi- damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the Department) or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the State, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. X Conflict of Interest The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et sag, MSA 4.1700(51) et seq, and 1973 PA 196, as amended, MCL 15.341 et seq, MSA 4.1700 (71) et seq. XI. 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 -taw-or regulation. Such information may be disclosed in summary, statistical, or other form which does not directly or indirectly identify particular individuals. ATTACHMENT A STATEMENT OF WORK 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 B BUDGET DETAIL Original Budget 0 Amended Budget — No, 0 ATTACHMENT B Michigan Department of Community Health Victims of crime Act Victim Assistance Grant Program Budget Summary GRANTEE CVA PROJECT NUMBER County of Oakland 20687-5V02 IMPLEMENTING AGENCY CVA PROJECT PERIOD Office of the Prosecuting Attorney 10/01/2003— 09/30/2004 PAYEE IDENTIFICATION NUMBER FISCAL YEAR 38-6004876 2004 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 $86,449 FEDERAL $98,197 80% FRINGE BENEFITS $31,197 GRANTEE $24,549 20% TRAVEL $ 2,124 TOTAL $122,746 100% , SUPPLIES AND MATERIALS $ 1,200 CONTRACTUAL $ 0 , EQUIPMENT $ 0 OTHER EXPENSES $ 1,776 TOTAL $122,746 Grantee Contract Officials: Authorizing Official: Thomas Law, Chair Oakland Cty. Board of Commissioner Project Director. Daniel N. Cojanu, Supervisor Victim Services 1200 N. Telegraph Pontiac, MI 48341 (248) 975-9731 Financial Director Laurie VanPeft, Dir. Dept. of Management and Budget 1200 N. Telegraph Pontiac, MI 48341 (248) 858-2163 Contact Person: Daniel N. Cojanu, Supervisor Victim Services 1200 N. Telegraph Pontiac, MI 48341 (248) 975-9731 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 concerns. PHONE: (517) 334-9180 E-MAIL: OREILLYL@michigan.gov FAX: (517) 334-9942 Linda Schneider, Accounting Technician Questions concerning grant payments and audit verification verification requests. PHONE: (517) 334-9946 E-MAIL: SCHNEIDERL@michigan.gov Michael J. Fullwood, Director Crime Victim Services Commission Lewis Cass Building 320 S. Walnut Street Lansing, MI 48913 PHONE: (517) 373-7373 By authority of the Victims of Crime Act of 1984; Page 1 of 1 PROGRAM BUDGET SUMMARY MICHIGAN DEPARTMENT OF COMMUNITY HEALTH CVA# 20687-5V02 —Program Date Prepared Page Of GRIME VICTIM SERVICES COMMISSION May 13, 2003 1 2 Contractor Name BUDGET PERIOD County of Oakland From: 10/01/2003 To: 09/30/2004 Mailing Address (Number and Street) Agreement: Amendment Number 1200 N. Telegraph .66 Original C Amendment • ° City State ZIP Code Payee ID Number • Pontiac MI 48341 38-6004876 ., TOTAL EXPENDITURE,CATEGORY BUDGET , 1. Salaries and Wages $86,449 $86,449 2. Fringe Benefits $31,197 $31,197 3. Travel $ 2,124 $ 2,124 4. Supplies and Materials $ 1,200 $ 1,200 5. Contractual (Subcontracts) $ 0 6. Equipment $ 0 I $ 0 7. Other Expenses: $ 1,776 $ 1,776 ... 8. Total Direct Expenditures $122,746 $122,746 (Sum of Lines 1-7) 9. Indirect Costs: Rate #1 % Indirect Costs: Rate #2 % 10. TOTAL EXPENDITURES $122,746 $122,746 SOURCE OF FUNDS: 11. Fees and Collections $0 $0 12. State Agreement $98,197 $98,197 13. Local $14,000 $14,000_ 14. Federal $0 15. Other(s): $10,549 $10,549 16. TOTAL FUNDING $122,746 $122,746 , AUTHORITY: P.A. 368 of 1978 COMPLETION: Is Voluntary, but is required as a condition of funding The Department of Community Health is an equal opportunity employer, services and programs provider. DCH-0385(E) (Rev 3-03) (W) Previous Edition Obsolete. Also Replaces FIN-110 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH CVA# 20687-5V02 PROGRAM BUDGET - COST DETAIL Paae 2 Of 2 PROGRAM BUDGET PERIOD DATE PREPARED FROM TO CRI ,, II : •U 0 IIN 10/01/2003 09/30/2004 May 16, 2003 CONTRACTOR ORIGINAL BUDGET AMENDED AMENDMENT NUMBER County of Oakland $122,746 BUDGET POSITIONS TOTAL 1. SALARY & WAGES — POS •n I : • • i 71 fUIRED SALARY COMMENTS Ter R. Heal , Victim Advacat- 1 '.34 072 Heidi L. Hietaia, Victim . • • . - 1 $41 828 victim advocate int- • _. • -- 0.3 ..10 549 Total Salaries and Wages 2.3 $86,449 2. FRINGE BENEFITS: (Specify) [x] FICA [X] LIFE INS. [X] DENTAL INS [X] COMPOSITE RATE [ ] UNEMPLOY INS. ( ] VISION INS. Ix) WORK COMP AMOUNT 41% [ I RETIREMENT [ ] HEARING INS. r 1 HOSPITAL INS. . [X; OTHER TOTAL FRINGE BENEFITS $31,197 3. TRAVEL (Specify if any item exceeds 10% of Total Expenditures) SEE ATTACHED 0.--- TOTAL TRAVEL $ 2,124 4. SUPPLIES & MATERIALS(Specify if any item exceeds 10% of Total Expenditures) SEE ATTACHED TOTAL SUPPLIES & MATERIALS $ 1,200 5. CONTRACTUAL (Subcontracts) SEE ATTACHED Name Address Amount TOTAL CONTRACTUAL $ 6. EQUIPMENT(Specify) SEE ATTACHED TOTAL EQUIPMENT $ 0 7. OTHER EXPENSES(Specify if any item exceeds 10% of Total Expenditures) SEE ATTACHED TOTAL OTHER $ 1,776 8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) $122,746 9. INDIRECT COST CALCULATIONS Rate #1: Base $ x Rate % Total Rate #2: Base $ x Rate % Total $ 10. TOTAL EXPENDITURES (Sum of lines 8-9) SEE ATTACHED $122,746 DCH-0386FY2003(E) (W) 3/2003 COMPLETION IS A CONDITION OF FUNDING AUTHORITY: P.A. 368 OF 1978 Main Menu I Change Password CVA Number: 20637-5V02 Project Period: 10/1/2003 - 9/30/2004 Budget Section District Court Advocacy Program; County of Oakland Budget Summary VOCA- + Local = Total Budget Line Item Federal Match Project Amount Amount Amount Salaries and Wages $61,900 $24,549 $86,449 - Fringe Benefits , $31,197 $0 $31,197 Travel $2,124 $0 $2,124 Supplies and Materials $1,200 $0 $1,200 Contractual $0 $0 $0 Equipment $0 $0 Other Expenses $1,776 $0 $1,776 , Current Totals $98,197 $24,549 $122,746 Current Percentages_ 80% 20% 100% Match Source and method of calculating match Amount County funds $14,000 in kind volunteer hours (599 hours x $16.38 per hr) $10,549 Total $24,549 Current Cash Match Current In-Kind Match Current Total Match $14,000 $10,549 $24,549 Salaries and Wages Hourly Salary Hours VOCA + Local = Total Name and Title Federal Match Project Rate Devoted Amount Amount Amount Terry Healy - Victim Advocate $16.38 2080 $27,072 $7,000 $34,072 Heidi Hietala - Victim Advocate $20.11 2080 $34,828 $7,000 $41,828 Volunteer, victim advocate intern $16.38 598 0 $10,549 $10,549 (volunteer) Total Salaries and Wages $61,900 $24,549 $86,449 Personnel Budget Detail Worksheet Salutation First Name Middle Initial Last Name Mr. Terry R Healy Title Victim Advocate Educational Requirement r B.A. Employment Begin Date Employment End Date 10/1/2003 9/30/2004 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 10/1 - 12/31 1/1 - 3/31 4/1 - 6/30 7/1 - 9/30 Total :-ialary Rate per hour $16.38 $16.38 $16.38 $16.38 VOCA hours per quarter 520 520 520 520 Non-VOCA hours per quarter 0 0 0 01 Total gross wages $8,518 $8,518 $8,518 $8,518 $34,072 FICA (7.65% of salary)_ $2,607 Unemployment In the Applicant Summary Page you are listed as a Reimbursing agency. Unemployment therefore is equal to zero. $0 Worker's Compensation $382 (Rate $1.12 per $100) - , Health Insurance $1,057 $1,057 $1,057 $1,057 $4,228 Dental Insurance $130, $130, $130 $130 $520 , Disability Insurance $27 $27 $27 $27 - $108 Life Insurance $33 $33 $33 $33 $132 ' - Professional Malpractice Insurance $0 $0 $0 $0 $0 Retirement $1,490, $1,490, $1,490 $1,490 $5,960 Optical $15 $15 $15_ $15 $60 Total_ $48,069 Salutation First Name Middle Initial Last Name ,Ms. .Heidi L Hietala Title Victim Advocate Educational Requirement B.A. Employment Begin Date Employment End Date 10/1/2003 9/30/2004 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 10/1 - 12/31 1/1 - 3/31 4/1 - 6/30 7/1 - 9/30 _ Total Salary .Rate per hour $20.11 $20.11 $20.11 $20.11 . VOCA hours per quarter 520 520 520 520 Non-VOCA hours per quarter 0, 0 0 0 Total gross wages $10,457 $10,457 $10,457 $10,457 $41,828 FICA (7.65% of salary) $3,200 Unemployment In the Applicant Summary Page you are listed as a Reimbursing agency. Unemployment therefore is equal to zero. $0 .. Worker's Compensation pate $1.12 per $100) $468 , Health Insurance $1,302 $1,302 $1,302 $1,302 $5,208 Dental Insurance $160 $160 $160 $160 $640 Disability Insurance $33 $33 $33 $33 $132 Life Insurance $40 $40 $40 $40 $160, Professional Malpractice Insurance $0 $0 $0 $0 $0 Retirement $1,829 $1,829 $1,829'n $1,829 $7,316 !Optical $19 $19 $19 $19 $76, Total_ $59,028 Description Fringe Benefits FICA VOCA Federal Amount $5,807 + Local Match Amount $0 = Total Project Amount $5,807 Unemployment $0 $0 $0 Workers Compensation $850 $0 $850, Health Insurance $9,436 $0_ $9,436 Dental Insurance $1,160 $0 $1,160 Disability Insurance $240 $0 $240 Life Insurance $292 $292 Professional Malpractice Insurance $0 $0 SO , Other $13,412 $13,412 Total Fringe Benefits $31,197 $31,197 Travel _ VOCA + Local = Total Description Number of Miles Mileage Rate Lodging Cost Meals Cost Number of Days Federal Match Project , — , Amount Amount Amount Mileage 5900 $0.36 $0 0 $2124 $0 $2124 _ . Total Travel, $2124 $0 $2124 — . Supplies and Materials VOCA + Local = Total Item Explanation Quantity Unit Price Federal Match Project Amount Amount Amount Office supplies paper, postage, etc. 3_ $400.00 $1,200 $0 $1,200 Total Supplies and Materials $1,200 $0 $1,200 Contractual - _ VOCA + Local = Total Hourly or Hourly or Daily Hours or Days Name/Affiliation/Address Federal Match Project Daily Salary Rate Devoted I Amount Amount Amount Contractual rates may not exceed $56.25 per Total Contractual $0 $0 $0 hour or $450 per day. . Equipment . — VOCA -4-Local T =Total Purchase Monthly Item Quantity Federal Match Project Price Lease — Amount Amount Amount Total Equipment 0 0 Space Expenses Square Feet I Amount per Square Foot I VOCA Federal Amount I +Local Match Amount I =Total Project Amount Communication Expenses . Type of Communication Monthly Fee VOCA Federal Amount +Local Match Amount =Total Project Amount Cell phones $132 $1,584 $1,584 , Pagers $16, $192 $0_ $192 4 Emergency Financial Assistance Expenses Number of Victims I Maximum Amount Per Case I VOCA Federal Amount I +Local Match Amount I =Total Project Amount Memberships , Organization Name I Yearly Membership Fee I VOCA Federal Amount] +Local Match Amount I =Total Project Amount • Other Expenses Description I VOCA Federal Amount I +Local Match Amount I =Total Project Amount Total Other Expenses[ $1,7761 $01 $1,776 Main Menu I Chanoe Password ATTACHMENT C PERFORMANCE AND PROCESS REPORT REQUIREMENTS ATTACHMENT C PERFORMANCE / PROGRESS REPORT REQUIREMENTS FY 10/1/2003 — 9/30/2004 a. The Contractor shall submit the following rep6rts on the following dates: October 30, 2003 Constitutional Victims Rights Notice due November 30, 2003 October Monthly Financial Report December 30, 2003 November Monthly Financial Report January 20, 2004 1 st Quarterly Program Report (10/1/2003 - 12/31/2003) January 30, 2004 December Monthly Financial Report February 29, 2004 . January Monthly Financial Report March 30, 2004 February Monthly Financial Report April 20, 2004 2"d Quarterly Program Report (1/112004- 3/30/2004) April 30, 2004 March Monthly Financial Report May 1, 2004 Contractor shall submit final Agreement Amendment Request. Contractor required to advise Commission if funds may not be used during fiscal year (10/1/2003 - 9/30/2004). May 30, 2004 April Monthly Financial Report June 30, 2004 May Monthly Financial Report July 20, 2004 34I Quarterly Program Report (411/2004 - 6/30/2004) July 30, 2004 June Monthly Financial Report August 30, 2004 July Monthly Financial Report September 30, 2004 August Monthly Financial Report October 20, 2004 4th Quarterly Program Report (7/1/2004 - 9/30/2004) October 30, 2004 September Monthly Financial Report November 30, 2004 FY 2003-04 Expenditure & Program Report (10/112003 - 9/30/2004) 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://sigmawebandch.state.mlus/sigma2/ 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 Audit Status Notification Letter Audit Status Notification Letter (Contractor exempt from the Single Audit or Financial Audit requirement) Date: To: Office of Audit Quality Assurance and Review Section Re: Period/ Fiscal Year: The purpose of this letter is to comply with Michigan Department of Community Health grant contract Audit requirements. I certify that the (Name of Contractor) expended less than $300,000 in federal awards, and received less than $300,000 in total Department funding. Please be advised that our agency's audit did not address any findings related to current or prior years, that negatively impact MDCH-funded programs. Therefore, we are not required to submit either a Single Audit or Financial Audit to the Department. If you have questions, please contact at (Contractor's Representative) (Telephone number). Sincerely, (Contractor Representative/ Title) ATTACHMENT F VICTIMS OF CRIME ACT VICTIM ASSISTANCE GRANT ASSURANCES 0 • ATTACHMENT F 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. HoWeyer, 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. I. 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: 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 (state source of cash match).1 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. 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. 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 adjusted 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 to 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 Crime Act funded (federal or match) staff only. E. Victim assistance funds shall be used only to employ staff and cover approved costs to provide 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 and objectives of this agreement. II. B. Provide guidelines outlining the data required for evaluation and proper reporting of financial and program activities information. I Al 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. 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 b 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 property 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 for the purposes stated in the application. F. The Contractor assures that information will be collected and maintained on victim services by race, sex, national origin, age, and handicap. Collection of this information is for statistical purposes only. This information is protected by federal privacy laws and state confidentiaity requirements. G. The Contractor assures that it will maintain appropriate programmatic and financial records that fully disclose the amount and disposition of VOCA and match funds received. This includes financial documentation for, disbursements; daily time and attendance records specifying time devoted to the VOCA project; client files; the portion of the project supplied by other sources; and other records which will facilitate an effective audit. ; I • VII. 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. Protect Continuation The Department reserves the right to provide continuation funding for this project until 9/30/2006 upon written notice to the Contractor. Continuation funding is subject to the appropriation and availability of federal funds. IX. 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. X. 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. Xl. 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. • a • • FISCAL NOTE (MISC. #03185) July 31, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2004 VICTIMS OF CRIME ACTS (INCA) GIANT 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 2004 Victims of Crime Acts (VOCA) Grant. 2. The grant award of $122,746 is $6,503 (5.03k) less than the current award (shown on Schedule A). The County contribution includes the Prosecuting Attorney's In Kind Match of voluntary part-time Victim Advocate intern positions and cash match of $14,000, which is included in the FY 2004 County Executive Recommended Budget. 3. In addition to the County match requirements, the County is expected to incur $9,164 in administrative and support costs, which have been included in the FY 2004 budget. This grant does not allow for recovery of those costs. 4. Acceptance of this grant does not obligate the County to future commitments and continuation as stated is contingent upon future grant funding. 5. A budget amendment is recommended to reflect the FY 2004 VOCA Grant award. FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Suarez, Palmer and Crawford absent. I •-• 4 Prosecuting Attorney VOCA Victim Assistance Grant Comparison of FY 2003 Budget to FY 2004 Grant Award Variance Budget Application Award FY 2003 Budget FY 2003 FY 2004 FY 2004 to FY 2004 Award Positions 2 2 2 Obj 2001 Salaries $ 91,178 $ 86,456 $ 86,449 $ (4,729) 2074 Fringes 31,520 31,197 31,197 (323) 3292 Pers. Mileage - 2,154 2,124 2,124 3756 Travel 3,575 - - (3,575) 4252 Office Supplies 1,200 1,200 1,200 - 6660 Radio Comm. - 192 192 192 6675 Telephone Comm. 888 1,584 1,584 696 6636 IT Operations 888 - (888) Grant Total $ 129,249 $ 122,783 $ 122,746 $ (6,503) Grant - State $ 103,399 80.00% $ 98,226 80.00% $ 98,197 80.00% County Cash Match $ 14,000 10.83% $ 14,000 11.40% $ 14,000 11.41% In Kind Match $ 11,850 9.17% $ 10,557 8.60% $ 10,549 8.59% Revenue Total $ 129,249 $ 122,783 $ 122,746 Prepared by Fiscal Services Resolution #03185 Moved by Crawford supported by Scott the resolution be adopted. Moved by Crawford supported by Gregory the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. July 31, 2003 Moved by Crawford supported by Gregory the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the motion carried. Vote on resolution, as amended: AYES: Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Palmer, Potter, Rogers, Scott, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. .11.••nn 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 July 31, 2003, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of tie County of Oakland at Pontiac. Michigan this 31st day of July, 2003. G. William Caddell, County Clerk