HomeMy WebLinkAboutResolutions - 2004.09.22 - 27722PUBLIC SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION 104277 September 22, 2004
BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2005 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 for the period of October 1, 2004 through
September 30, 2005; and
WHEREAS this is the sixth (6th) 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 2005 application amount of $128,035 resulted in an award
of $122,746, which is the same amount as the FY 2004 amended budget; and
WHEREAS the total program cost for FY 2005 is $125,593; the State
contribution is $98,197 and County contribution is $27,396; and
WHEREAS the County contribution includes voluntary part-time Victim
Advocate Intern positions and continued funding of salaries and fringe
benefits for two (2) Victim Advocate positions (#41101-09398, #41101-09647);
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 $98,197 and County contribution of $27,396
for the period of October 1, 2004 through September 30, 2005.
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 (15t) 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 on a roll call vote with Crawford, Gregory and Scott absent.
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Ed Poisson — Julie Secontine — Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Prosecuting Attorney
District Court Advocacy Program
Michigan Department of Community Health - Victims of Crime Act
Please be advised the above mentioned grant information was put into contract review today. A
hard copy of these materials has been 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.
Time Frame for Returned Comments: Due on September 7, 2004
GRANT INFORMATION
Date: August 27, 2004
Operating Department: Prosecuting Attorney
Department Contact: Daniel Cojanu
Contact Phone; 248-975-9731
Other ID Number: Contract CVA #20687-6V02, CFDA#16.575, US DoJ VA-GX-02
REVIEW STATUS: Acceptance - Resolution Required
Period: October 1, 2004 through September 30, 2005
New Facility / Additional Office Space Needs: None
IT Resources (New Computer Hardware / Software Needs or Purchases): None
Funding Continuation: Continuation
Application Total Project Amount: $122,746
Prior Year Total Funding: $122,746
New Grant Funded Positions Request: None
Changes to Current Positions: Continuation of position #09647 and 09398
Grantor Funds: $98,197
Total Budget: $122,746
Match and Source: Total local match of $25,549 ($20,000 cash and $5,549 in kind)
PROJECT SYNOPSIS
This program provides on site assistance to crime victims in all sixteen district courts in Oakland
County. These victim advocates provide crisis counseling, court accompaniment and refer
families for counseling and other forms of assistance.
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Contract #:
OVA #: 20687-6V02
Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
County of Oakland
1200 N. Telegraph
Pontiac M1,48341
Federal 1.11#: 38-6004876
hereinafter referred to as the "Contractor"
for
District Court Advocacy Program
Part I
1. Period of Agreement: This agreement shall commence on 10/01/2004 and continue through
09/30/2005. 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 approximately $98,197 or 80%; the Catalog of Federal
Domestic Assistance (CFDA) number is 16-575 and the CFDA Title is Crime Victim
Assistance; the federal agency name is the U.S. Department of Justice; the federal
grant award number is VA-GX-02 and federal program title is Victims of Crime Act of
1984. The match requirement of this agreement is 20% of the total agreement amount.
The Contractor's budgeted match amount is $24,549 and is identified on Attachment B,
budget pages.
-1-
LjiriVanPeIt
Name
vanpeltl@co.oakland.mi.us
Dept. of Management and Budget
Title
(248) 858-0490
E-Mail Address Telephone No.
B. Equipment Purchases and Title
Any contractor equipment purchases supported in whole or in part through this
agreement must be listed in the supporting Equipment Inventory Schedule. Equipment
means tangible, non-expendable, personal property having useful life of more than one
(1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit
acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The
Department reserves the right to retain or transfer the title to all items of equipment
having a unit acquisition cost of $5,000 or more, to the extent that the Department's
proportionate interest in such equipment supports such retention or transfer of title.
C. Deviation Allowance
A deviation allowance modifying an established budget category by $10,000 or 15%,
whichever is greater, is permissible without prior written approval of the Department.
Any modification or deviations in excess of this provision, including any adjustment to
the total amount of this agreement, must be made in writing and executed by all parties
to this agreement before the modifications can be implemented. This deviation
allowance does not authorize new categories, subcontracts, equipment items or
positions not shown in the attached Program Budget Summary and supporting detail
schedules.
3. Purpose: The focus of the program is to provide direct services to victims of crime.
4. Statement of Work: The Contractor agrees to undertake, perform and complete the services
described in Attachment A, which is part of this agreement through reference.
5. Financial Requirements: The reimbursement process shall be followed as described in Part
II of this agreement and Attachments B, D and E, which are part of this agreement through
reference.
6. Performance/Progress Report Requirements: The progress reporting methods, as
applicable, shall be followed as described in Attachment C, which is part of this agreement
through reference.
7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in
Part II and Attachment F, which is part of this agreement through reference.
8. Administration of the Agreement:
The person acting for the Department in administering this agreement (hereinafter referred to
as the Contract Manager) is Leslie O'Reilly, Program Specialist, Victim Assistance Grants,
Crime Victim Services Commission, 320 S. Walnut, Lansing, Michigan 48913; telephone (517)
334-9180; fax: (517) 334-9942; and oreillvl@ michigan.gov for internet e-mail.
9. Contractor's Financial Contact for the Agreement:
The person acting for the Contractor on the financial reporting for this agreement is
-2-
I
Name (Please print) Title
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 bbard, official or
Contractor.
12. Signature Section:
For the CONTRACTOR
Signature
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Mary Jane Russel, Director
Bureau of Financial Management
Date
Date
- 3 -
,
Part II
General Provisions
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 Contrkctor, 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
The purpose of the VOCA victim assistance grant program is to provide
services to all crime victims regardless of their ability to pay for services
rendered or the availability of insurance or other third-party payment
resources. Contractors must provide services to crime victims, at no
chart, through the VOCA funded project. The Contractor is prohibited
from charging a crime victim or third party payor for any services
supported with VOCA funds.
C. Program Operation
Provide the necessary administrative, professional, and technical staff for
operation of the program.
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.
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Assure that all terms of the agreement will be appropriately adhered to
and that records and detailed documentation for the project or program
identified in this agreement will be maintained for a period of not less than
ten (10) years from the date of termination, the date of submission of the
final expenditure report or until litigation and audit findings have been
resolved.
F. Authorized Access
Permit upon reasonable notification and at reasonable times, access by
authorized representatives of the Department, Federal Grantor Agency,
Comptroller General of the United States and State Auditor General, or
any of their duly authorized representatives, to records, files and
documentation related to this agreement, to the extent authorized by
applicable state or federal law, rule or regulation.
G. Audits
1. Single Audit
Provide, consistent with regulations set forth in the Single Audit Act
Amendments of 1996, P.L. 104-156, and Section .320 of Office of
Management and Budget (OMB) Circular A-133, "Audits of States,
Local Governments, and Non-Profit Organizations," a copy of the
annual Single Audit reporting package of the Contractor to the
Department.
The federal OMB Circular A-133 requires either a Single Audit or
program-specific audit (when a contractor is administering only one
federal program) of agencies that expend $500,000 or more in
federal awards during the Contractor's fiscal year.
Contractors who have a Single Audit conducted as a result of
$500,000 or more in expenditures of Federal funds must submit the
Single Audi reporting package and management letter, if issued, to
the Department even if Federal funding received from the
Department results in less than $500,000 in expenditures.
The Contractor must assure that each of its subcontractors
comply with the above Single Audit requirements, as applicable,
and provide for other subcontractor monitoring procedures, as
deemed necessary. The Contractor must also assure that the
Schedule of Expenditures of Federal Awards includes expenditures
for all federally funded grants.
2. Financial Statement Audit
Contractors exempt from the Single Audit requirements that receive
$500,000 or more in total funding from the Department in State
and Federal grant funding must submit a copy of the Financial
Statement Audit prepared in accordance with generally accepted
auditing standards (GAAS), and management letter, if one is
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issued. Contractors exempt from the Single Audit requirements that
receive less than $500,000 of total Department grant funding must
submit a copy of the Financial Statement Audit prepared in
accordance with GAAS if the audit includes disclosures that may
negatively impact MDCH-funded programs, including, but not
limited to fraud, going concern uncertainties, financial statement
misstatements, and violations of contract and grant provisions.
3. Other Audits
The Department or federal agencies may also conduct or arrange
for "agreed upon procedures" or additional audits to rribet their
needs.
4. Notification
When a Contractor is exempt from both the Single Audit
requirements and the Financial Statement Audit requirements
because funding is below the thresholds described above and there
are no disclosures that may negatively impact MDCH-funded
programs, the Contractor must submit an Audit Status Notification
Letter that certifies these exemptions. Attachment E contains a
sample Audit Status Notification Letter.
5. Due Date
The Single Audit reporting package and management letter, if one
is issued, Financial Statement Audit and management letter, if one
is issued, or Audit Status Notification Letter shall be submitted to
the Department within nine months after the end of the Contractor's
fiscal year.
6. Penalty
a. Delinquent Single Audit or Financial Statement Audit
If the Contractor does not submit the required Single Audit
reporting package and management letter, or the Financial
Statement Audit and management letter within nine months
after the end of the Contractor's fiscal year, the Department
may withhold from the current funding an amount equal to
five percent of the audit year's grant funding (not to exceed
$100,000) until the required filing is received by the
Department. The Department may retain the amount
withheld if the contractor is more than 120 days delinquent in
meeting the filing requirements.
b. Delinquent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter, when
required, may result in withholding from the current funding
an amount equal to one percent of the audit year's grant
funding until the Audit Status Notification Letter is received.
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A
7. Where to Send
A copy of the Single Audit reporting package and management
fetter, if one is issued, Financial Statement Audit and management
letter, if one is issued, or the Audit Status Notification Letter must
be forwarded to:
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
P.O. Box 30479*
Lansing, Michigan 48909-7979
Or
*Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933
8. Management Decision
The Department shall issue a management decision on findings
and questioned costs contained in the Contractor's Single Audit
within six months after the receipt of a complete and final audit
report. The management decision shall include whether or not the
audit finding is sustained; the reasons for the decision; and the
expected Contractor action to repay disallowed costs, make
financial adjustments, or take other action. Prior to issuing the
management decision, the Department may request additional
information or documentation from the Contractor, including a
request for auditor verification of documentation, as a way of
mitigating disallowed costs,
Notification of Modifications
Provide timely notification to the Department, in writing, of any action by its
governing board or any other funding source that would require or result in
significant modification in the provision of services, funding or compliance
with operational procedures.
Software Compliance
The Contractor must ensure that software compliance and compatibility
with the Department's data systems for services provided under this
agreement including but not limited to: stored data, databases, and
interfaces for the production of work products and reports. All required
data under this agreement shall be provided in an accurate and timely
manner with out interruption, failure or errors due to the inaccuracy of the
Contractor's business operations for processing date/time data.
c.
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J. Human Subjects
The Contractor agrees to submit ail 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.
HI. Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
The Contractor will comply with applicable federal and state laws,
guidelines, rules and regulations in carrying out the terms of this
agreement. The Contractor will also comply with all applicable general
administrative requirements such as OMB Circulars covering cost
principles, grant/agreement principles, and audits in carrying out the terms
of this agreement.
B. Anti-Lobbying Act
The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as
revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and
Section 503 of the Departments of Labor, Health and Human Services and
Education, and Related Agencies 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.
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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 not be permitted in any portion of any indoor facility owned
or leased or contracted by and used routinely or regularly for the
provision of health, day care, early childhood development
services, education or library services to children under the age of
18, if the services are funded by federal programs either directly or
through state or local governments, by federal grant, contract, loan
or loan guarantee. The law also applies to children's services that
are provided in indoor facilities that are constructed, operated, or
maintained with such federal funds. The law does not apply to
children's services provided in private residences; portions of
facilities used for inpatient drug or alcohol treatment; service
providers whose sole source of applicable federal funds is
Medicare or Medicaid; or facilities where Women, Infants, and
Children (WIC) coupons are redeemed. Failure to comply with the
provisions of the law may result in the imposition of a civil monetary
penalty of up to $1,000 for each violation and/or the imposition of
an administrative compliance order on the responsible entity. The
Contractor also assures that this language will be included in any
subawards which contain provisions for children's services.
2. The Contractor also assures, in addition to compliance with Public
Law 103-227, any service or activity funded in whole or in part
through this agreement will be delivered in a smoke-free facility or
environment. Smoking shall not be permitted anywhere in the
facility, or those parts of the facility under the control of the
Contractor. If activities or services are delivered in facilities or
areas that are not under the control of the Contractor (e.g., a mall,
restaurant or private work site), the activities or services shall be
smoke-free.
F. Hatch Political Activity Act and Inter governmental 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.
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Federal funds cannot be used for partisan political purposes of any kind by
any person or organization involved in the administration of federally-
assisted programs.
G. Subcontracts
Assure for any subcontracted service, activity or product:
1. That a written subcontract is executed by all affected parties prior to
the initiation of any new subcontract activity. Exceptions to this
policy may be granted by the Department upon written request
within 30 days of execution of the agreement.
2. That any executed subcontract to this agreement shall require the
subcontractor to comply with all applicable terms. and conditions of
this agreement. In the event of a conflict between this agreement
and the provisions of the subcontract, the provisions of this
agreement shall prevail.
A conflict between this agreement and a subcontract, however,
shall not be deemed to exist where the subcontract:
a. Contains additional non-conflicting provisions not set forth in
this agreement;
b. Restates provisions of this agreement to afford the
Contractor the same or substantially the same rights and
privileges as the Department: or
c. Requires the subcontractor to perform duties and/or services
in less time than that afforded the Contractor in this
agreement.
3. That the subcontract does not affect the Contractor's accountability
to the Department for the subcontracted activity.
4. That any billing or request for reimbursement for subcontract costs
is supported by a valid subcontract and adequate source
documentation on costs and services.
5. That the Contractor will submit a copy of the executed subcontract
if requested by the Department.
H. Procurement
Assure that all purchase transactions, whether negotiated or advertised,
shall be conducted openly and competitively in accordance with the
principles and requirements of OMB Circular A-102 (as revised),
implemented through applicable portions of the associated "Common
Rule" as promulgated by responsible federal contractor(s), or 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.
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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.
5. The Contractor must have a policy and procedure to report to the
Department unauthorized use or disclosure 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 by the
Contractor from the Department or any other source.
IV. Financial Requirements
A. Operating Advance
An operating advance may not be requested by the Contractor.
B. Reimbursement Method
The Contractor will be reimbursed in accordance with the staffing grant
reimbursement mechanism as follows:
S.
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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:
FSRs must be submitted on a monthly basis, no later than thirty (30) days
after the close of each calendar month. The monthly FSRs must reflect
tntaj cilia nrogram Qxpenda - re. ardiess of the source of funds. The
FSR form and instructions for completing the FSR form are available
through the Department's web site:
• http://sig maweb.mdch.state. mi. us/
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
fiscal Year Expenditure and Program Report
Fiscal Year Expenditure and Program Report is due sixty (60) days
following the end of the fiscal year or agreement period. Fiscal Year
Expenditure and Program Report not received by the due date may result
in the potential reduction in the subsequent year's agreement amount.
F. Unobliqated 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.
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
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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 HID, 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 alkfinancial,
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. Severabi I itV
If any provision of this agreement or any provision of any document attached to
or incorporated by reference is waived or held to be invalid, such waiver or
invalidity shall not affect other provisions of this agreement
VIII. Amendments
Any changes to this agreement will be valid only if made in writing and accepted
by all parties to this agreement. Any change proposed by the Contractor which
would affect the Department funding of any project, in whole or in part in Part 1,
Section 2.C. of the agreement, must be submitted in writing to the Department for
approval immediately upon determining the need for such change.
IX. Liability
A. All liability to third parties, loss, or damage as a result of claims, demands,
costs, or judgments arising out of activities, such as direct service delivery,
to be carried out by the Contractor in the performance of this agreement
shall be the responsibility of the Contractor, and not the responsibility of
the Department, if the liability, loss, or damage is caused by, or arises out
of, the actions or failure to act on the part of the Contractor, any
subcontractor, anyone directly or indirectly employed by the Contractor,
provided that nothing herein shall be construed as a waiver of any
governmental immunity that has been provided to the Contractor or its
employees by statute or court decisions.
B. All liability to third parties, loss, or damage as a result of claims, demands,
costs, or judgments arising out of activities, such as the provision of policy
and procedural direction, to be carried out by the Department in the
performance of this agreement shall be the responsibility of the
Department and not the responsibility of the Contractor, if the liability,
14
loss, or damage is caused by, or arises out of, the action or failure to act
on the part of any Department employee or agent, provided that nothing
herein shall be construed as a waiver of any governmental immunity by
the State, its agencies (the Department) or employees as provided by
statute or court decisions.
C. In the event that liability to third parties, loss, or damage arises as a result
of activities conducted jointly by the Contractor and the Department in
fulfillment of their responsibilities under this agreement, such liability, loss,
or damage shall be borne by the Contractor and the Department in relation
to each party's responsibilities under these joint activities, provided that
nothing herein shall be construed as a waiver of any governmental
immunity by the Contractor, the State, its agencies (the Department) or
their employees, respectively, as provided by statute or court decisions.
X. Conflict of Interest
The Contractor and the Department are subject to the provisions of 1968 PA 317,
as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as
amended, MCL 15.341 et seq, MSA 4.1700 (71) et seq.
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 law or regulation. Such
information may be disclosed in summary, statistical, or other form, which does
not directly or indirectly identify particular individuals.
15
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
FY 04/05 AGREEMENT ADDENDUM A
1. This addendum modifies the following sections of Part II, General Provisions:
Part 11
I. Responsibilities-Contractor
Software Compliance. This section will be deleted in its entirety
and replaced with the following language:
The Michigan Department of Community Health and the County of
Oakland will work together to determine and avoid potential
computer systems problems.
III. Assurances
A. Compliance with Applicable Laws. This first sentence of this
paragraph will be stricken in its entirety and replace with the
following language:
The Contractor will comply with applicable Federal and State laws,
and lawfully enacted administrative rules or regulations, in carrying
out the terms of this agreement.
.1X. Liability. Paragraph A. will be deleted in its entirety and replaced
with the following language.
A. Ecept 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 signatgre
that he or she is authorized to sign this agreement on behalf of the responsible
governing board, official or Contractor.
3. Signature Section:
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Michael Ezzo, Ed.D., Chief Deputy Director Date
For the CONTRACTOR
Name and Title Date
Signature Date
ATT CHME T
STATEMENT *F 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, project resources, and analysis of
project activities and shall be the sole or primary activity undertaken by the
Contractor pursuant to this agreement.
C. Program guidelines distributed with the application for funding must be
maintained by the Contractor as authoritative reference for all duties and
activities directly funded by and/or associated with a project funded through this
agreement. Questions concerning guideline requirements and interpretation
shall be determined by the Contract Manager.
ATT CH T B
BUD ET DETAIL
Amended Budget — No. 0 Original Budget
ATTACHMENT B
Michigan Department of Community Health
Victims of crime Act Victim Assistance Grant
Program Budget Summary
GRANTEE CVA PROJECT NUMBER
. County of Oakland 20687-6V02 1
IMPLEMENTING AGENCY CVA PROJECT PERIOD
Office of the Prosecuting Attorney 10/01/2004— 09/30/2005
PAYEE IDENTIFICATION NUMBER FISCAL. YEAR
38-6004876 2005 I 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 $83,129 FEDERAL $98,197 80% ,
FRINGE BENEFITS $39,617 GRANTEE $24,549 20%
TRAVEL $ 0 TOTAL $122,746 100%
SUPPLIES AND MATERIALS $ 0
, CONTRACTUAL $ 0
EQUIPMENT $ 0
OTHER EXPENSES $ 0
TOTAL $122,746
I Grantee Contract Officials:
Authorizing Official:
Thomas Law, Chair Oakland Cty. Board of Commissioner
Project Director:
Daniel N. Cojanu, Victim Services Supervisor
1200 N. Telegraph
Pontiac, MI 48341
(248) 975-9731
Financial Director
Laurie VanPelt, Dir. Dept. of Management and Budget
1200 N. Telegraph
Pontiac, MI 48341
(248) 858-0490
Contact Person:
VOCA Victim Assistance Grant Contacts:
Leslie O'Reilly, Program Specialist (Contract Manager)
Questions concerning VOCA grant eligibility & allowability,
grant applications, awards, denials, project implementation,
guideline requirements, contract adjustments, grant
compliance reviews and other victim service needs 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, Ml 48913
PHONE: (517) 373-7373
By authority of the Victims of Crime Act of 1984; Page 1 of 1
r.pnt4vig-R7 Virtim Aceicbanno II npnartrnpnt nf .11;Rtinp
ATTACHMENT B.1
PROGRAM BUDGET SUMMARY
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
CVA#: 20687-6V02
Program I Date Prepared Page i Of
CRIME VICTIM SERVICES COMMISSION August 9, 2004 1 1 2
Contractor Name BUDGET PERIOD
County of Oakland From:10/01/2004To: 09/30/2005
Mailing Address (Number and Street) Agreement: Amendment Number
1200 N. Telegraph [X]Original [ ]Amendment 11, 0
City State ZIP Code Federal ID Numoer
Pontiac MI 48341 38-6004876
TOTAL EXPENDITURE CATEGORY I T.' BUDGET !
1. Salaries and Wages $83,129 1 $83,129
2. Fringe Benefits $39,617 $39,617
3. Travel $ 0 $ 0
4. Supplies and Materials $ 0 $ 0
5. Contractual (Subcontracts) $ 0 $ 0
6. Equipment $ 0 $ 0
1
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 $20,000 $20,000
14. Federal $0
15. Other(s): $ 4,549 $ 4,549
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 3-04) (W) Previous Edition Obsolete. Also Replaces FIN-110
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM BUDGET — COST DETAiL Page2 Of 2
PROGRAM BUDGET PERIOD DATE PREPARED
CRIME VICTIM SERVICES COMMISSION FROM TO
10/01/2004 I 09/30/2005 August 9, 2004
CONTRACTOR ORIGINAL BUDGET i AMENDED BUDGET AMENDMENT NUMBER
County of Oakland [ X ] I ]
$122,746
POSITIONS TOTAL
1. SALARIES & WAGES— POSITION REQUIRED SALARY COMMENTS
DESCRIPTION
Susan Chopp, Victim Advocate 1 $37,272
Meghan O'Brien, Victim Advocate 1 $41,308
r:
Total Salaries and Wages 1 2.1 $83,129
2. FRINGE BENEFITS: (Specify)
[ X ] FICA [ X] LIFE INS. i x i DENTAL INS COMPOSITE RATE
[ ] UNEMPLOY INS. [ ] VISION INS. [ X 1 WORK COMP AlvIOUNT$50.00%
[ ] RETIREMENT [ ] HEARING INS.
[ ] HOSPITAL INS. [ X ] OTHER
TOTAL FRINGE BENEFITS $39.617
3. TRAVEL (Specify if any item exceeds 10% of Total Expenditures)
SEE ATTACHED
TOTAL TRAVEL $ 0
4. SUPPLIES & MATERIALS (Specify if any item exceeds 10% of Total Expenditures)
SEE ATTACHED
TOTAL SUPPLIES & MATERIALS $ 0,
5. CONTRACTUAL (Subcontracts) SEE ATTACHED
Name Address Amount
TOTAL CONTRACTUAL $ 0
6. EQUIPMENT (Specify) SEE ATTACHED
TOTAL EQUIPMENT $ 0
7. OTHER EXPENSES(Specify if any item exceeds 10% of Total Expenditures) SEE ATTACHED
TOTAL OTHER $ 0
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 $122,746 ,
0CH-0386F-1(04(E) (W) 3/04 COMPLETION IS A CONDITION OF FUNDING AUTHORITY: P.A. 368 OF 1978
- Online VOCA Application - Budget - Printable Version
Main Menu Change Password
Page 1 of 4
CVA Number: 20687-6V02
Project Period: 10/1/2004 - 9/30/2005
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 $58,580 $24,549 $83,129
Fringe Benefits $39,617 $0 $39,617
Travel $0 $0 $0
Supplies and Materials $0 $0 $0
Contractual $0 $0
Equipment $0 $0 $0
Other Expenses $0 $0 $0
Current Totals $98,197 $24,549 $122,746
Current Percentages BO% 20% 100%
._.
Match
Source and method of calculating match Amount
Volunteers (236 hrs x $17.92 + FICA) $4,549
Oakland County (salary) $20,000
Total
$24,549 ,
Current Cash Match Current In-Kind Match Current Total Match
$20,000 $4,549 $24,549
Salaries and Wages
VOCA + Local = Total Hourly Salary Hours Name and Title Federal Match Project Rate Devoted Amount Amount Amount
Susan Chopp - Victim Advocate $17.92 2080 $27,272 $10,000 $37,272
Meghan O'Brien - Victim Advocate $19.86 2080 $31,308 $10,000 $41,308
Volunteer, victim advocate intern $17.92 236 0 $4,549 $4,549
(volunteer _ ..._
Total Salaries arid Wages $58,580 $24,549 $83,129
Personnel Budget Detail Worksheet
Salutation First Name Middle Initial Last Name
Ms. Susan Chopp
Title Victim Advocate
Educational Requirement Other
Employment Begin Date Employment End Date
10/1/2004 9/30/2005
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
1
0/1q/AA
1 Fringe Benefits
- Ont.ine VOCA Application - Budget - Printable Versiou Page 2 of 4
Rate per hour $17.92 $17.92 $17.92 $17.92 I
VO!A hours per quarter 520 520 520 520
Non-VOCA hours per quarter 0 0 0 0
Total gross wages $9,318 $9,318 $9,318 $9,318 $37,272
FICA (7.65% of salary) Calculated Maximum FICA: $2,851 $2,851
Unemployment
In the Applicant Summary Page you are listed as a Reimburs ,ng agency.
Unemployment therefore is equal to zero. $0
Worker's Compensation $447 (Rate $1.2 per $100)
Health Insurance $2,235 $2,235 $2,235 $2,235 $8,940
Dental Insurance $311 $311 $311 $311 $1,244
Disability Insurance $44 $44 $44 $44 $176
Life Insurance $34 $34 $34 $34 $136
Professional Malpractice Insurance $0 $0 $0 $0
Retirement $2,251 $2,251 $2,251 $2,251 $9,004
optical $35 $35 $35 $35 $140
Total $60,210
Salutation First Name Middle Initial Last Name
Ms. Meghan _O'Brien
Title Victim Advocate
Educational Requirement B.A.
Employment Begin Date Employment End Date
10/1/2004 9/30/2005
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 $19.86_ $19.86 $19.86 $19.86
VOCA hours per quarter 520 520 520 520
Non-VOCA hours per quarter 0 0 0 0 ,.._
Total gross wages $10,327_ $10,327 $10,327_ $10,327 $41,308
FICA (7.65% of salary) Calculated Maximum FICA: $3,160 $3,160
Unemployment
In the Applicant Summary Page you are listed as a Reimbursing agency.
Unemployment therefore is equal to zero.
Worker's Compensation $496 (Rate $1.2 per $100)
Health Insurance $999 $999 $999 $999 $3,996
Dental Insurance $1121 $112 $112 $112 $448
Disability Insurance $49 $49 $49 $49 $196
Life Insurance $37 $37 $37 $37 $148
Professional Malpractice Insurance $0 $0 $0 $0 $0 ...
Retirement $2,494 $2,494 $2,494 $705 $8,187
optical $12 $12 $12 $12 $48
Total $57,987
11 Q /1`)/(1,1
- Onl?he VOCA Application - Budget - Printable Versiorl Page 3 of 4
VOCA + Local = Total
Description Federal Match Project
Amount Amount Amount,
,FICA $6,011 $0 $6,011
,Unemployment $0 $0 $O
Workers Compensation $943 $0 $943
Health Insurance $12,936 $0 $12,936
Dental Insurance $1,692 $0 $1,692
Disability Insurance $372 $372
Life Insurance $284 $0 $284
Professional Malpractice Insurance $0 $0 tO
Other $17,379 $0 $17,379
Total Fringe Benefits $39,617 $0_ $39,617
Travel
VOCA + Local = Total
Description Number of Miles Mileage Rate Lodging Cost Meals Cost Number of Days Federal Match Project
Amount Amount Amount ,
Michigan Victim Assistance Academy Conference $0 $0 $0
Michigan Victims Assistance Academy Advanced $0 $0
I Total Travel $0 $0 $0
Supplies and Materials
VOCA + Local = Total
Item Explanation Quantity Unit Price Federal Match Project
Amount Amount Amount 1 Total Supplies and Materials $0 $0 $0
Contractual
VOCA + Local = Total Hourly or Hourly or Daily Hours or Days Name/Affiliation/Address Federal Match Project Daily Salary Rate Devoted
Amount Amount Amount
Contractual rates may not exceed 56.25 per Total Contractual $0 $0 hour or 450 per day.
Contractors
No Contractors Exist
Equipment
VOCA +Local =Total Purchase Monthly Item Quantity Price Lease Federal Match Project
Amount Amount Amount
Totai Equipment 0 0 0
Space Expenses
Square Feet I Amount per Square Foot 1 VOCA Federal Amount I +Local Match Amount I =Total Project Amount
Communication Expenses
. Type of Communication I Monthly Fee I VOCA Federal Amount +Local Match Amount I =Total Project Amount
/ Rh l '? (14.
- Onrine VOCA Application - Budget - Printable Version Page 4 of 4
I
Eniergency Financial Assistance Expenses .
Number of Victims r Maximum Amount Per Case 1 VOCA Federal Amount I +Local Match Amount I =Total Project Amount
4
Memberships
Organization Name I Yearly Membership Fee 1 VOCA Federal Amount 1 +Local Match Amount I =Total Project Amount
Other Expenses
Description I VOCA Federal Amount I +Local Match Amount I =Total Project Amount
Total Other Expe.nses1 $01 $01 so,
Main Menu I Change Password
1 11 /(1,4
CH T C
PERFORMA
PROCESS
NCE AND
PtRT
ENTS
October 30, 2004
November 30, 2004
December 30, 2004
January 20, 2005
January 30, 2005
February 29, 2005
March 30, 2005
April 20, 2005
April 30, 2005
May 1,2005
May 30, 2005
June 30, 2005
July 20, 2005
July 30, 2005
August 30, 2005
September 30, 2005
October 20, 2005
October 30, 2005
November 30, 2005
ATTACHMENT C
PERFORMANCE / PROGRESS REPORT REQUIREMENTS
FY 10/1/2004 — 9/30/2005
a. The Contractor shall submit the following reports on the following dates:
Constitutional Victims Rights Notice due
October Monthly Financial Report
November Monthly Financial Report
1 5t Quarterly Program Report (10/1/2004 - 12/31/2004)
December Monthly Financial Report
January Monthly Financial Report
February Monthly Financial Report
2nd Quarterly Program Report (1/1/2005- 3/30/2005)
March Monthly Financial Report
Contractor shall submit final Agreement Amendment Re
Contractor required to advise Commission if funds may not be
used during fiscal year (10/1/2004 - 9/30/2005).
April Monthly Financial Report
May Monthly Financial Report
3rd Quarterly Program Report (4/1/2005 - 6/30/2005)
June Monthly Financial Report
July Monthly Financial Report
August Monthly Financial Report
4th Quarterly Program Report (7/1/2005 - 9/30/2005)
September Monthly Financial Report
FY 2004-05 Expenditure & Program Report
(10/1/2004 - 9/30/2005)
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, Quarterly Program, Fiscal Year Expenditure and
Program Report, Agreement Amendment Request at URL: http://sigmaweb.mdch.state.mi.us/
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.
Quest.
ATT AT '1 K. A VI Ef:il NT
FISCAL YEA
EXPE3ITR AND
PROGR M E•ORT
Contractor shall enter Fiscal Year Expenditure and Program Report at URL:
http://sigmaweb.mdch.state.mi.usf
ATT HMENT E
Audit Status Notification
Letter
at
(phone)
(Contractor's Representative)
Sincerely,
Audit Status Notification Letter
(Contractor exempt from the Single Audit and Financial Audit Submission
requirement) '
Date:
To: MDCH
Office of Audit
Quality Assurance and Review Section
P.O. Box 30479
Lansing, Michigan 48909-7979
From: Agency Name:
Address:
Federal ID Number:
Re: Agency Fiscal Year Ended:
The purpose of this letter is to comply with Michigan Department of Community
Health grant
contract audit requirements. I certify that the
(A gency Name)
agency expended less than $500,000 in federal awards, and received less than
$500,000 in total Department funding. I also certify 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 Statement Audit to the Department.
If you have questions, please contact
Signature Print Name of Contractor Representative/Title
CC: Leslie O'Reilly, Program Specialist
Crime Victim Services Commission
VICT1 S OF E ACT
V1C1I iSSI ANCE
GRANT ASS NCES
ATTACHMENT F
VICTIMS OF CRIME ACT &
VICTIMS ASSISTANCE GRANT ASSURANCES
Responsibilities - Contractor
The Contractor in accordance with the general purposes and objectives of this
agreement will:
A. Crime Victim Rights Notice
Provide notice of available project services with the following information to all
law enforcement and prosecuting attorneys with the service area of the funded
project within thirty days (30) days of the project start date. This notice is
provided so that those with statutory authority under the Crime Victim Rights Act
have information on available services within their community. This notice
should contain:
1. A brief project description containing target clientele (victim groups),
available service, hours of service, and area of services.
2. A telephone number to access services.
3. The name of the project director.
4. Funding acknowledgment for the project.
Forward a copy of this notice and distribution list within thirty (30) days of the
project start date to the Contract Manager.
B. Funding Acknowledgement
Assure that appropriate funding acknowledgment is included in all materials
publicizing or resulting from award activities, in press releases, program
brochures, annual reports and other information about the project. The
funding agency for your 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
1
from the Federal Crime Victims Fund, established by the Victims of Crime Act
of 1984. The (applicant agency) provides the required
match by [the use of volunteers (# of volunteer hours valued at $) or
(identify source of cash match)]
If a publication is provided as part of this award, the publication shall
include the following statement: The opinions, findings, and
conclusions or recommendations expressed in this publication/program
exhibition are those of the author(s) and do not necessarily reflect the
view of the U.S, Department of Justice or the Michigan Department of
Community Health."
C. Program Operation
1 Provide the necessary administrative, professional, and technical staff
for operation of the program. The project must be operational within
sixty (60) days of the original starting date of the agreement period.
The Contractor must submit documentation to the Crime Victim
Services Commission explaining the reasons for delay, the steps taken
to initiate the project, and the expected starting date. If the project is
not operational within ninety (90) days of the original starting date of
the agreement period, the Contractor must submit further
documentation explaining the delay. The Crime Victim Services
Commission may at this time cancel the project or extend the
implementation date.
2. Assist crime victims in seeking available crime victims compensation
benefits.
3. Incorporate the use of volunteers unless the Department determines
compelling reasons exist to waive this requirement.
4. The Contractor, if a domestic violence shelter program funded by the
Domestic Violence Prevention and Treatment Board (DVPTB), must
maintain compliance with the DVPTB comprehensive services grant.
D. Record Maintenance/Retention
Complete and keep on file as appropriate the Immigration and
Naturalization Service Employment Eligibility Form (1-9). This form is
to be used by the recipient of Federal funds to verify that persons
employed by the applicant are eligible to work in the United States.
2. Contractor must maintain appropriate programmatic and financial
records that fully disclose the amount and disposition of VOCA funds
received. This includes financial documentation for disbursements;
daily time and attendance records specifying time devoted to allowable
VOCA victim services; client files; the portion of the project supplied by
2
other sources of revenue; job descriptions; contracts for services; and
other records which facilitate an effective audit.
3. Contractor must maintain accounting records including cost accounting
records that are supported by source documentation. The retention
requirement extends to books of original entry, source documents,
supporting accounting transactions, the general ledger, subsidiary
ledgers, personnel and payroll records, cancelled checks, and related
documents and records. Source documents include copies of all
awards, applications, and required recipient financial and narrative r
reports. Personnel and payroll records shall include the time and
attendance reports for all individuals reimbursed under the award,
whether they are employed full-time or part-time. Time and effort
reports are also required for consultants. Records from different
awards must be separately identified and maintained so that
information desired may be readily located. Contractors are obligated
to protect records adequately against fire or other damage. When
records are stored away from Contractor's principal office, a written
index of the location of records stored should be on hand and ready
access should be assured.
4. Contractor assures that information will be collected and maintained by
race, sex, national origin, age, and handicap. Collection of this
information is for statistical purposes only. This information is
protected by federal privacy laws and state confidentiality
requirements.
E. 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.
However, only under extraordinary and rare circumstance would such
access include true name of victims of crime. When access to the true
name of victims of crime is necessary, appropriate steps to protect this
sensitive information must and will be taken by the recipient and awarding
agency. Any such access, other than under court order or subpoena
pursuant to a bona fide confidential investigation, must be approved by
both the OJP program office head and the Comptroller.
H. Responsibilities - Department
The Department in accordance with the general purposes and objectives of this
agreement will:
3
A. Amendment Consideration
Contract Manager will review for consideration submitted amendments on
a regular basis but no less than quarterly. Departmental action will only
occur for those amendments providing complete information for review
and consideration. Consideration for those amendments requiring further
information will be delayed until complete information is provided.
B. Report Forms
Recommendations for new report forms, reporting instructions and
reporting formats should be forwarded to Contract Manager for reyiew.
C. Monitor Compliance
Contract Manager will monitor compliance with applicable provisions
contained in federal grant awards and their attendant rules, regulations
and requirements pertaining to program elements covered by this
agreement to determine whether Contractor is meeting its responsibilities
under the terms of this agreement.
D. Program Guidelines
Contract Manager will provide guidelines outlining data required for
evaluation and proper reporting of financial and program activity
information.
Ill. Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
The Contractor will comply with applicable provisions of VOCA, the
Program Guidelines, and the requirements of the OP Financial Guide,
effective edition, 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.
In the event of a formal allegation or finding of fraud, waste, and/or abuse
of VOCA funds, the Contractor is required to immediately notify the Crime
Victim Services Commission of said finding. The Contractor is also
obliged to apprise the Crime Victim Services Commission of the status of
any on-going investigations at the agency.
B. Non-Discrimination
The Contractor must inform the Crime Victim Services Commission in
writing if any federal or state court or administrative agency makes a
finding of discrimination after a due process hearing of discrimination
taken against the Contractor on the grounds of race, religion, national
origin, sex, or disability against a recipient of VOCA victim assistance
4
funds. A copy of the findings will be forwarded to the Crime Victim
Services Commission and the Office of Crime Rights Compliance at the
Office of Justice Programs at the Department of Justice.
C. Subcontracts
Contractor will submit a copy of the executed subcontract to the Contract
Manager within thirty (30) days of execution.
IV. Financial Requirements
A. Indemnification
Prior to the implementation of the agreement, employees of the non-profit
organizations who handle Victims of Crime Act monies/match or certify
Victims of Crime Act expenses will have Fidelity bonds [position schedule
acceptable] in an amount equal to, or more than, the total dollars awarded
under this Agreement. A Fidelity bond is required if employees are not
currently covered by an existing agency blanket coverage.
B. Operating Advance
An operating advance may not be requested by the Contractor.
C. Financial Management Systems
The Contractor is required to establish and maintain accounting records
and accurately account for funds awarded. Contractor must maintain an
adequate system of accounting and internal controls. System must
present and classify costs, as required for budgetary and evaluation
purposes. Provides cost and property control to ensure optimal use of
funds and controls/funds/resources to assure conformance with general or
special conditions. An adequate accounting system meets requirements
for periodic reporting. Provides financial data for planning, control,
measurement, and evaluation of direct and indirect costs. A financial
management system must be able to record and report on the Receipt,
Obligation, and Expenditure of grant funds.
Accounting procedures shall provide for accurate and timely recording or
receipt of funds by source, or expenditures made from such funds, and
unexpended balances. Controls must be adequate to ensure that
expenditures charged to Agreement activities are for allowable purposes
and documentation is readily available to verify that such charges are
accurate.
The Contractor will maintain an equipment inventory and records to
5
include copies of purchase orders and invoices for purchase and rental of
property approved by CVSC as allowable costs. The Contractor will
promptly notify CVSC when property approved under Agreement can no
longer be reasonably be used for purposes stated in Agreement.
D. Financial Status Report Submission
1. Financial Status Reports (FSRs) shall be prepared based upon actual
expenditures.
2. Fringe benefits reported on the FSR or Fiscal Year Expenditure Report
are actual employer costs for VOCA and match funded staff oqly.
3. Failure to meet financial reporting responsibilities as identified in this
agreement may result in withholding future payments.
4. No agreement funds will be used for indirect or administrative costs.
5. Victim assistance funds shall be used only to employ staff and cover
costs to provide services to victims of crime.
6. Crime victim assistance grant funds made available under the Victims
of Crime Act will not be used to supplant state and local funds that
would otherwise be available for crime victim assistance.
E. 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. However, VOCA grant
payments will not be transmitted through the EFT process routinely.
Please contact your Contract Manager.
F. Final Obligations and Fiscal Year Expenditure and Program Report
Fiscal Year Expenditure and Program Report is due sixty (60) days
following the end of the fiscal year or agreement period. Fiscal Year
Expenditure and Program Report is a report of the final actual
expenditures of this project and the final report and evaluation of program
activities. Failure to meet this reporting deadline will impact future funding
from the Department.
G. Unobligated Funds
Any unobligated balance of funds held by the Contractor at the end of the
agreement period will be returned to the Department along with the Fiscal
Year Expenditure and Program Report. If an audit disallows costs, the
Contractor will forward the amount of the disallowed costs to the Crime
Victim Services Commission within thirty (30) days of such notification.
Failure to do so will result in such deficiency being reported to the
Department of Treasury and may be cause for cancellation of current
agreement.
6
VIII. Project Continuation
The Department reserves the right to continue this project until 9/30/2006 upon
written notice to the Contractor. Continuation funding is subject to appropriation
and availability of federal funds and agency reporting compliance.
IX. Amendments
A. The Contractor assures that it will notify the Crime Victim Services
Commission of any changes within 30 days by on-line Agreement
Amendment. The Agreement Amendment requires that the Contractor briefly
outline:
1. Reason for the amendment.
2. Budget changes.
3. Changes in grant funded staff; and updates every 30 days if position
remains vacant. Failure to report change may impact funding for position.
4. Changes in grant contract personnel.
5. Changes in project address or changes in scope of the programmatic
activities or purpose of the project.
6. Delay in grant implementation.
B. Amendments for signature by Contractor and DCH are needed in the
following circumstances:
1. If increases or decreases occur in either the state and/or total funding
amounts.
2. If the CVSC approves any significant modifications in the provision of
services or reporting (i.e. changes to Project Activities, special
requirements, or reporting (i.e. changes to Project Activities, special
requirements, or reporting plan).
3. If funds are moved from an existing expenditure category into a new
expenditure category (moving funds from one category into a new budget
category where no dollars were previously allocated) even if the state or
total funding amounts do not change.
4. If funds are moved from one existing expenditure category into another
existing expenditure category so that the new amount in either
expenditure category exceeds the deviation allowance (i.e. moving more
than $15,000 from salaries and wages into supplies and materials when
7
only $500 had been previously budgeted for supplies and materials) even
if the state and/or total funding amounts do not change.
C. Amendments that will be approved on-line include those that do not
exceed the standard deviation amount, amendments transferring dollars
between existing budget lines, transferring dollars within an existing
budget line, new contract officials, staff changes with no financial impact
or financial impact under standard budget deviation amount.
D. Any changes to the agreement will be valid only if made in writing and
accepted by all parties to the agreement either through on-line apYproval or
through the generation of an Amendment to the Agreement for signature
by the Contractor and the Department.
E. Total funding provided through the Department for the agreement shall not
exceed the amount shown in the State Funds section of the budget detail
except as adjusted by amendment.
F. The Contractor must submit a submit the final Agreement Amendment
Request to the Department May 1 of the Fiscal Year, if the amount of
Department funding may not be used in its entirety or to report final
changes.
XII. 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
8
4
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.
9
FISCAL NOTE (MISC. #04277) September 22, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2005 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 2005 Victims of Crime Acts (VOCA) Grant.
2. The grant application amount was $128,035. The award
amount is $122,746, which is the same as the FY 2004
amended award (shown on Schedule A).
3. The total program cost is $125,593, which is $2,847
higher than the award amount. The Prosecuting Attorney
is prepared to request an amendment from the State to
capture any redistributed funds that may be available to
cover the shortage.
4. The County contribution includes voluntary part-time
Victim Advocate intern positions and cash match of
$22,847, which is included in the FY 2005/FY 2006
Finance Committee Recommended Budget.
5. In addition to the County match requirements, the County
is expected to incur $9,547 in administrative and
support costs, which have been included in the FY 2005/
FY 2006 Finance Committee Recommended Budget. This grant
does not allow for recovery of those costs.
6. Acceptance of this grant does not obligate the County to
future commitments and continuation as stated is
contingent upon future grant funding.
7. The grant match amount of $22,847 is included in the FY
2005/FY 2006 Finance Committee Recommended Budget Non-
departmental grant match line item.
8. A budget amendment is recommended to transfer the funds
to the Prosecuting Attorney grant match line item. The
Fiscal Year 2005/2006 Budget is amended as follows:
General Fund
90-290000-25000-2872
41-211000-44100-2872
Grant Match
Grant Match
($22,847)
$22,847
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
elf-u /VA'
G. William Caddell, County Clerk
Resolution #04277 September 22, 2004
Moved by Moss supported by Zack the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Jamian, Knollenberg, KowaII, Law, Long,
McMillin, Middleton, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson,
Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
n••••••
I HOER APPROVE THE FORMS RES04111011
STATE OF MICHIGAN)
COUNTY OF OAKLAND) 1412-04/
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resoliftion is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
September 22nd, 2004 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 22nd day of September, 2004,