HomeMy WebLinkAboutResolutions - 2006.09.21 - 28315MISCELLANEOUS RESOLUTION 106179 September 21, 2006
BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2007 DISTRICT COURT ADVOCACY PROGRAM -
VICTIMS OF CRIME ACT (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, 2006 through
September 30, 2007; and
WHEREAS this is the eighth (8th) 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 2007 application amount of $140,236 resulted in an award
of $125,018; and
WHEREAS the State contribution is $100,014 and County contribution is
$25,004; 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 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 $100,014 and County contribution of $25,004
for the period of October 1, 2006 through September 30, 2007.
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 96) 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
PUBLIC SERVICES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Page 1 of 2
Daniel Cojanu
From: Greg Givens [givensg@oakgov.coni]
Sent: Thursday, August 31, 2006 2:34 PM
To: Doyle, Larry; 'Cojanu, Dan'; 'Gaia Piir'
Cc: 'Worthington, Pam': 'Candace Frederick'; Greg Givens; 'Hanger, Helen'; 'Johnston, Brenthy';
'Mitchell, Sheryl'; 'Pardee, Mary': 'Smith, Laverne'; 'Wenzel, Nancy'
Subject: GRANT REVIEW SIGN OFF - Prosecutor's Office / VOCA
GRANT REVIEW SIGN OFF — Prosecutor's Office
GRANT NAME: FY 2007 District Court Advocacy Program
FUNDING AGENCY: Michigan Department of Community Health
DEPARTMENT CONTACT PERSON: Daniel Cojanu /5-9731
STATUS: Acceptance
DATE: August 31, 2006
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal
grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners'
Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off
email containing grant review comments) may be requested to be placed on the appropriate Board of
Commissioners' committee(s) for grant acceptance by Board resolution,
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (8/30/2006)
Department of Human Resources:
Approved. —Nancy Scarlet (8/30/2006)
Risk Management and Safety:
Approved By Risk Management - Andrea Plotkowski (8/30/2006)
Corporation Counsel:
After reviewing this grant contract, there appear to be no unresolved legal issues that require additional action at
this time. — Karen Agacinski (8/25/2006)
COMPLIANCE
The grant contract references a number of specific federal and state regulations. Below is a list of these
specifically cited compliance related documents for this grant.
• Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and
Budget Act - "P.A. 533 of 2004" http://www.legislature.mi.gov/(uq3lxgeltmrj5z55z2uiwv45)/mileg.aspx?
page=getObjectSzobjectName-2003-SB-0850
• Federal Office of Management and Budget (OMB) Circular No. A-102. This Circular establishes
consistency and uniformity among Federal agencies in the management of grants and cooperative
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Page 2 of 2
agreements with State, local, and tribal governments.
http ://www.whitehouse.gov/omb/c irculars/a102/a102.htm 1
• Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards
for obtaining consistency and uniformity among Federal agencies for the audit of States, local
governments, and non-profit organizations expending federal awards.
http ://www.whitehouse.gov/omb/c ircu I ars/a133/a133.1itml
• Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" hftp://www.legislature.mi.gov/
(uq31xgeltmrj5z55z2uiwv45)/mileg.aspx?page=getobject&objectname=mcl-Act-453-of-
1976&queryid=14718540
• Michigan Persons with Disabilities Civil Rights Act —"Act 220 of 1976" http://www.legislature.mi.gov/
(uq31xgeltrnrj5z55z2uiwv45)/mileg.aspx?page=getobject&objectname---incl-Act-220-of-
1976&queryid=14718589
• Federal Government-Wide Debarment and Suspension — Non-procurement 45 CFR Part 76
littp://www.access.gpo.gov/riara/cfr/waisidx_05/45efr76_05.html
• Federal Environmental Tobacco Smoke —Pro-Children Act of 1994"
1ttp://www.cdc.gov/tobacco/research_data/youth/464119.htm
• Federal Hatch Act - Political Activity of Certain State and Local Employees
http://www ,osc.gov/hatchact.htm
• Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II)
http://www.cms.hhs.gov/HIPAAGenInfo/Downloads/HJPAAlawdetail.pdf
• Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities — "Act 317 of 1968"
http://www.legislature.mi.2ov/(uq31xgeltmrj5z55z2uiwv45)/mileg.aspx?
page—getobject&objectname=mcl-Act-317-of-1968&queryid=14761946
9/1/2006
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Contract #:
CVA #: 20687-8VO4
Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
County of Oakland
1200 N. Telegraph
Pontiac MI,48341
Federal 1.D.#: 38-6004876
hereinafter referred to as the "Contractor"
for
District Court Advocacy Program
Part I
1. Period of Agreement: This agreement shall commence on 10/01/2006 and
continue through 09/30/2007. 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 $125,018. The Department under
the terms of this agreement will provide funding not to exceed $100,014.
The federal funding provided by the Department is approximately
$100,014 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 2004-VA-GX-0015 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
$25.004 and is identified on Attachment B, budget pages.
The grant agreement is designated as a:
subrecipient relationship; or
1:1 vendor relationship.
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. This agreement provides funding under the Victim of Crime Act Victim
Assistance Grant Program; 42 U.S. C. Section 10601 et seq, P.L. 98-473. The
purpose of this competitive grant is to expand and enhance local services
available to crime victims.
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 and D which are part of
this agreement through reference.
6. Performance/Progress Report Requirements: The progress reporting
methods, as applicable, shall be followed as described in Attachment C, which is
part of this agreement through reference.
7. General Provisions: The Contractor agrees to comply with the General
Provisions outlined in Part II and Attachment E, 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-
9462: and oreillyl@michiqan.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
Laurie VanPelt Dir. Dept. of Management and
Budget
Name Title
vanpeltl@co.oakland.mi.us (248) 858-0490
E-Mail Address Telephone No.
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.
D. The Contractor is required by PA 533 of 2004 to receive payments by
electronic funds transfer.
11. Special Certification:
The individual or officer signing this agreement certifies by his or her signature
that he or she is authorized to sign this agreement on behalf of the responsible
governing board, official or Contractor.
12. Signature Section:
For the CONTRACTOR
Name (Please print) Title
Signature Date
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Nick Lyon
Version: All Other
Programs
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
FY 06/07 AGREEMENT ADDENDUM A
This addendum modifies the following sections of Part II, General Provisions:
Part II
I. Responsibilities-Contractor
J. Software Compliance. This section will be deleted in its entirety and
replaced with the following language:
The Michigan Department of Community Health and the County of Oakland will
work together to identify and overcome potential data incompatibility problems.
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.
I. Health Insurance Portability and Accountability Act. The provisions in this
section shall be deleted in their entirety and replaced with the following
language:
Contractor agrees that it will comply with the Health Insurance Portability and
Accountability Act of 1 996, and the lawfully enacted and applicable Regulations
promulgated there under.
IX. Liability. Paragraph A. will be deleted in its entirety and replaced with the following
language:
A. Except as otherwise provided 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 of 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.
Version: All Other
Programs
2. Special Certification:
The individual or officer signing this agreement certifies by his or her signature that he or she is
authorized to sign this agreement on behalf of the responsible governing board, official or
Contractor.
3. Signature Section:
For the COUNTY OF OAKLAND
Name and Title Date
Signature Date
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Nick Lyon, Deputy Director Date
Operation Administration
0
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
The purpose of the VOCA victim assistance grant program is to provide services to all
crime victims regardless of their ability to pay for services rendered or the availability of
insurance or other third-party payment resources. Contractors must provide services
to crime victims, at no charge, through the VOCA funded project. The Contractor is
prohibited from 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 time ly review and
commentary on any new report forms and reporting formats proposed for issuance
thereafter.
E. Record Maintenance/Retention
Maintain adequate program and fiscal records and files, including source
documentation to support program activities and all expenditures made under the
terms of this agreement, as required. Assure that all terms of the agreement will be
appropriately adhered to and that records and detailed documentation for the project or
program identified in this agreement will be maintained for a period of not less than ten
(10) years from the date of termination, the date of submission of the final expenditure
report or until litigation and audit findings 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
DCH-0665 FY2007 5106 (W) 1 of 10
the United States and State Auditor General, or any of their duly authorized
representatives, to records, files and documentation related to this agreement, to the
extent authorized by applicable state or federal law, rule or regulation.
G. Audits
This section only applies to Contractors designated as subrecipients. Contractors
designated as vendors are exempt from the provisions of this section.
1. Required Audit or Notification Letter
Contractors must submit to the Department either a Single Audit, Financial
Statement Audit, or Audit Status Notification Letter as described below. If
submitting a Single Audit or Financial Statement Audit, Contractors must also
submit a Corrective Action Plan for any audit findings that impact MDCH -funded
programs, and management letter (if issued) with a response.
a. Single Audit
Contractors that expend $500,000 or more in federal awards during the
Contractor's fiscal year must submit to the Department a Single Audit
prepared consistent with the Single Audit Act Amendments of 1996, and
Office of Management and Budget (OMB) Circular A-133, "Audits of
States, Local Governments, and Non-Profit Organizations," (as revised).
b. Financial Statement Audit
Contractors exempt from the Single Audit requirements that receive
$500,000 or more in total funding from the Department in State and
Federal grant funding must submit to the Department a Financial
Statement Audit prepared in accordance with generally accepted
auditing standards (GAAS). Contractors exempt from the Single Audit
requirements that receive less than $500,000 of total Department grant
funding must submit to the Department a Financial Statement Audit
prepared in accordance with GAAS if the audit includes disclosures that
may negatively impact MDCH-funded programs including, but not limited
to fraud, going concern uncertainties, financial statement misstatements,
and violations of contract and grant provisions.
c. Audit Status Notification Letter
Contractors exempt from both the Single Audit and Financial Statement
Audit requirements (a. and b. above) must submit an Audit Status
Notification Letter that certifies these exemptions. The te mplate Audit
Status Notification Letter and further instructions are available at
http://www.michigan.gov/mdch by selecting Inside Community Health —
Office of Audit.
2. Due Date and Where to Send
The required audit and any other required submissions (i.e. Corrective Action
Plan and management letter with a response), or audit Status Notification Letter
must be submitted to the Department within nine months after the end of the
Contractor's fiscal year to:
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
DCH-0665 FY2007 5/06 (W) 2 of 10
P.O. Box 30479*
Lansing, Michigan 48909-7979
*For Express Delivery: - Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933
Alternatives to paper filing may be viewed at htto://www.michigan.gov/mdch by
selecting Inside Community Health — Office of Audit.
Crime Victim Services Commission
320 South Walnut Street
Lansing, Michigan 48913
*For Express Delivery:
Community Health Building, 3 rd Floor
1033 South Washington Ave.
Lansing, Michigan 48910
3. Penalty
a. Delinquent Single Audit or Financial Statement Audit
If the Contractor does not submit the required Single Audit reporting
package, management letter (if issued) with a response, and Corrective
Action Plan; or the Financial Statement Audit and management letter (if
issued) with a response within nine months after the end of the
Contractor's fiscal year and an extension has not been approved by the
cognizant or oversight agency for audit, the Department may withhold
from the current funding an amount equal to five percent of the audit
year's grant funding (not to exceed $200,000) until the required filing is
received by the Department. The Department may retain the amount
withheld if the Contractor is more than 120 days delinquent in meeting
the filing requirements and an extension has not been approved by the
cognizant or oversight agency for audit. The Department may terminate
the current grant if the Contractor is more than 180 days delinquent in
meeting the filing requirements and an extension has not been
approved by the cognizant or oversight agency for audit.
b. Delinquent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter, when required,
may result in withholding from the current funding an amount equal to
one percent of the audit year's grant funding until the Audit Status
Notification Letter is received.
4. Other Audits
The Department or federal agencies may also conduct or arrange for "agreed
upon procedures" or additional audits to meet their needs.
H. SubrecipientNendor Monitoring
The Contractor must ensure that each of its subrecipients comply with the Single
Audit Act requirements. The Contractor must issue management decisions on audit
findings of their subrecipients as required by OMB Circular A-133.
The Contractor must also develop a subrecipient monitoring plan that addresses
"during the award monitoring" of subrecipients to provide reasonable assurance that
the subrecipient administers Federal awards in compliance with laws, regulations, and
DC4-0665 FY2007 5/06 (W) 3 of 10
the provisions of contracts, and that performance goals are achieved. The subrecipient
monitoring plan should include a risk-based assessment to determine the level of
oversight, and monitoring activities such as reviewing financial and performance
reports, performing site visits, and maintaining regular contact with subrecipients.
The Contractor must establish requirements to ensure compliance for for—profit
subrecipients as required by OMB Circular A-133, Section .210(e)
The Contractor must ensure that transactions with vendors comply with laws,
regulations, and provisions of contracts or grant agreements in compliance with OMB
Circular A-133, Section .210(f).
Notification of Modifications
Provide timely notification to the Department, in writing, of any action by its governing
board or any other funding source that would require or result in significant modification
in the provision of services, funding or compliance with operational procedures.
J. Software Compliance
The Contractor must ensure software compliance and compatibility with the
Department's data systems for services provided under this agreement including, but
not limited to: stored data, databases, and interfaces for the production of work
products and reports. All required data under this agreement shall be provided in an
accurate and timely manner without interruption, failure or errors due to the inaccuracy
of the Contractor's business operations for processing date/time data.
K. Human Subjects
The Contractor agrees to submit all research involving human subjects, which is
conducted in programs sponsored by the Department, or in programs that receive
funding from or through the State of Michigan, to the Department's Institutional Review
Board (IRB) 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.
III. 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
DCH-0665 FY2007 5106 ON) 4 of 10
comply with all applicable general administrative requirements such as OMB Circulars
covering cost principles, grant/agreement principles, and audits in carrying out the
terms of this agreement.
B. Anti-Lobbying Act
The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the
Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of the
Departments of Labor, Health and Human Services, and Education, and Related
Agencies section of the FY 1997 Omnibus Consolidated Appropriations Act (Public
Law 104-208). Further, the Contractor shall require that the language of this
assurance be included in the award documents of all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
C. Non-Discrimination
1. In the performance of any contract or purchase order resulting herefrom, the
Contractor agrees not to discriminate against any employee or applicant for
employment or service delivery and access, with respect to their hire, tenure,
terms, conditions or privileges of employment, programs and services provided
or any matter directly or indirectly related to employment, because of race,
color, religion, national origin, ancestry, age, sex, height, weight, marital status,
physical or mental disability unrelated to the individual's ability to perform the
duties of the particular job or position or to receive services. The Contractor
further agrees that every subcontract entered into for the performance of any
contract or purchase order resulting herefrom will contain a provision requiring
non-discrimination in employment, service delivery and access, as herein
specified binding upon each subcontractor. This covenant is required pursuant
to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201
et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as
amended, MCL 37.1101 et seq., and any breach thereof may be regarded as a
material breach of the contract or purchase order.
2. Additionally, assurance is given to the Department that proactive efforts will be
made to identify and encourage the participation of minority owned and women
owned businesses, and businesses owned by persons with disabilities in
contract solicitations. The Contractor shall incorporate language in all contracts
awarded: (1) prohibiting discrimination against minority owned and women
owned businesses and businesses owned by persons with disabilities in
subcontracting; and (2) making discrimination a material breach of contract.
D. Debarment and Suspension
Assurance is hereby given to the Department that the Contractor will comply with
Federal Regulation, 45 CFR Part 76 and certifies to the best of its knowledge and
belief that it, its employees and its subcontractors:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or contractor;
2. Have not within a three-year period preceding this agreement been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
DCH-0665 FY2007 5/06 (VV) 5 of 10
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 Intergovernmental 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. 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
DCH-0665 FY2007 5/06 (W) 6 of 10
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 amended, as applicable, and that records
sufficient to document the significant history of all purchases are maintained for a
minimum of 10 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.
DCH-0665 FY2007 5106 (W) 7 of 10
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
method as follows:
Reimbursement from the Department is based on the understanding that Department
funds will be paid up to the total Department allocation as agreed to in the approved
budget. Department funds are first source after the application of fees and earmarked
sources unless a specific local match condition exists.
C. Financial Status Report Submission
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 total actual program
expenditures, regardless of the source of funds. The FSR form and instructions for
completing the FSR form are available through the Department's web site:
• http://sigmaweb.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 must sign up through the on-line vendor registration process to receive
all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits,
as mandated by PA 533 of 2004. Vendor registration information is available through
the Department of Management and Budget's web site:
• http://www.cpexpress.state. m i . us/
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. Unobtigated Funds
Any unobligated balance of funds held by the Contractor at the end of the agreement
DCI-1-0665 FY2007 5/06 (W) 8 of 10
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
Any changes to this agreement will be valid only if made in writing and accepted by all parties
to this agreement. Any change proposed by the Contractor which would affect the Department
funding of any project, in whole or in part in Part I, Section 2.C. of the agreement, must be
submitted in writing to the Department for approval immediately upon determining the need for
such change.
IX. Liability
A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities, such as direct service delivery, to be carried out by
the Contractor in the performance of this agreement shall be the responsibility of the
Contractor, and not the responsibility of the Department, if the liability, loss, or damage
is caused by, or arises out of, the actions or failure to act on the part of the Contractor,
any subcontractor, anyone directly or indirectly employed by the Contractor, provided
that nothing herein shall be construed as a waiver of any governmental immunity that
has been provided to the Contractor or its employees by statute or court decisions.
B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities, such as the provision of policy and procedural
direction, to be carried out by the Department in the performance of this agreement
noi-0665 FY2007 5106 (W) 9 of 10
shall be the responsibility of the Department, and not the responsibility of the
Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or
failure to act on the part of any Department employee or agent, provided that nothing
herein shall be construed as a waiver of any governmental immunity by the State, its
agencies (the Department) or employees as provided by statute or court decisions.
C. In the event that liability to third parties, loss, or damage arises as a result of activities
conducted jointly by the Contractor and the Department in fulfillment of their
responsibilities under this agreement, such liability, loss, or damage shall be borne by
the Contractor and the Department in relation to each party's responsibilities under
these joint activities, provided that nothing herein shall be construed as a waiver of any
governmental immunity by the Contractor, the State, its agencies (the Department) or
their employees, respectively, as provided by statute or court decisions.
X. Conflict of Interest
The Contractor and the Department are subject to the provisions of 1968 PA 317, as
amended, MCL 15.321 et seq, MSA 4,1700(51) et seq, and 1973 PA 196, as amended, MCL
15.341 et seq, MSA 4.1700 (71) et seq.
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.
DCH-0665 FY2007 5106 (W) 10 of 10
ATTACHMENT A
STATEMENT OF WORK
ATTACHMENT A
Subrecipient
Vendor
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.
ATTACHMENT B
BUDGET DETAIL
El Original Budget 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 20687-8VO4
IMPLEMENTING AGENCY CVA PROJECT PERIOD
Office of the Prosecuting Attorney 10/01/2006— 09/30/2007
PAYEE IDENTIFICATION NUMBER FISCAL YEAR
38-6004876 2007
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 $82,588 FEDERAL $100,014 80%
FRINGE BENEFITS $37,068 GRANTEE $25,004 20%
TRAVEL $ 5,170 TOTAL $125,018 100%
SUPPLIES AND MATERIALS $ 0
CONTRACTUAL $ 0
EQUIPMENT $ 0
OTHER EXPENSES $ 192
TOTAL $125,018 ,
VOCA Victim Assistance Grant Contacts:
Authorizing Official:
Bill Bullard Jr., 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 VanPelt, Dir. Dept. of Management and Budget
1200 N. Telegraph
Pontiac, MI 48341
(248) 858-0490
Contact Person:
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 87 CF1-)A41A-R7F, Crimp Vintim Assisthtic U S ncinartmRnt of .1i istirs4
ATTACHMENT B.1
View at 100% or Larger
Use WHOLE DOLLARS Only
PROGRAM BUDGET SUMMARY
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
CVA#: 20687-8VO4
PROGRAM DATE PREPARED Page ; Of
.
CRIME VICTIM SERVICES COMMISSION August 10, 2036 1 i 2
CONTRACTOR NAME BUDGET PERIOD
County of Oakland From 10/01/2006 To: 09/30/2007
MAILING ADDRESS (Number and Street) BUDGET AGREEMENT AMENDMENT # 1200 N. Telegraph [ X ] ORIGINAL [ ] AMENDMENT 0
CITY STATE ZIP CODE FEDERAL ID NUMBER
Pontiac MI 48341 38-6004876
EXPENDITURE CATEGORY TOTAL BUDGET
(Use Whole Dollars)
1. SALARIES & WAGES
$82,588 825R8
2. FRINGE BENEFITS
$37,068 $37 068
3. TRAVEL
$ 5,170 $ 5 170
4. SUPPLIES & MATERIALS $ 0 $ 0
5. CONTRACTUAL (Subcontracts/Subrecipients) $ 0 $ 0
6. EQUIPMENT 1 $ 0 1 0
7. OTHER EXPENSES
$ 192 $ 192
8. TOTAL DIRECT EXPENDITURES $o $0
(Sum of Lines 1-7) $125,018 $125,018
9. INDIRECT COSTS: Rate #1 %
INDIRECT COSTS: Rate #2 %
10. TOTAL EXPENDITURES $125,018 $0 $0 $125,018
_
SOURCE OF FUNDS
11. FEES & COLLECTIONS $0
12. STATE AGREEMENT $100,014 $100,014
13. LOCAL $20,000 $20,000
14. FEDERAL $0 $0
16. TOTAL FUNDING $125,018 $0 $125,018
AUTHORITY: P.A. 368 of 1978 The Department of Community Health is an equal
COMPLETION: Is Voluntary, but is required as a condition of funding opportunity em•Io er, services and II rosrams •rovider,
DCH-0385(E) (Rev 5-06) (W) Previous Edition Obsolete.
DCH-0665FY2007 5/06 (W)
ATTACHMENT B.2
PROGRAM BUDGET — COST DETAIL SCHEDULE CVA#:20687-8VO4
View at 100% or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Page 2 of 2
Use WHOLE DOLLARS Only
PROGRAM BUDGET PERIOD DATE PREPARED
CRIME VICTIM SERVICES COMMISSION From: To:
10/01/2006 09/30/2007 August 10, 2006
CONTRACTOR NAME BUDGET AGREEMENT AMENDMENT #
County of Oakland [x] ORIGINAL [ ] AMENDMENT
__. ___
1. SALARY & WAGES POSITIONS COMMENTS TOTAL SALARY POSITION DESCRIPTION REQUIRED
Cynthia Hambly, Victim Advocate 1 $38,792
New Hire, Victim Advocate $38,792
Victim Advocate volunteer 0.1 $ 5,004
$ 0
$ 0
$ 0
$ 0
$ 0 ,
$ 0
$ 0
$ 0
$ 0
$ 0
$ 0
'. 0
$ 0
1. TOTAL 2.1 $82,588
SALARIES &
WAGES:
2. FRINGE BENEFITS (Specify)
[ X] FICA [X ] LIFE INS. [ X] DENTAL INS. COMPOSITE RATE
[ X] UNEMPLOY INS. [ ] VISION INS [ X] WORK COMP. AMOUNT 48%
H RETIREMENT D HEARING INS.
[X] HOSPITAL INS. I X] OTHER (specify) 2. TOTAL FRINGE BENEFITS: n $37,068
3. TRAVEL (Specify if category exceeds 10% of Total Expenditures) $
See Attached 4..T.2""guagaw......
4. SUPPLIES & MATERIALS (Specify if category exceeds 10% of Total Expenditures)
See Attached 4. TOTAL SUPPLIES & MATERIALS: $ 0
5. CONTRACTUAL (Specify Subcontracts/Subrecipients)
Name Address Amount $ 0
See Attached 5 TOTAL CONTRACTUAL:
6. EQUIPMENT (Specify items)
$ See Attached 6. TOTAL EQUIPMENT:
7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures) $ 192 See Attached 7. TOTAL OTHER:
8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) 8. TOTAL DIRECT EXPENDITURES: $125,018
9. INDIRECT COST CALCULATIONS Rate #1: Base $0 X Rate 0.0000 % Total $ 0
Rate #2: Base $0 X Rate 0.0000 % Total $ 0
9. TOTAL INDIRECT EXPENDITURES: $ 0
10. TOTAL EXPENDITURES (Sum of lines 8-9) $125,018
AUTHORITY: PA. 368 of 1978 The Department of Community Health is an equal opportunity employer. services
COMPLETION: Is Voluntary, but is required as a condition of funding ana programs provider.
DCH-0385 (E) (Rev 5-06) (W) Previous Edition Obsolete. Use Additional Sheets as Needed
DCH-0665FY2007 5/06 =1
ATTACHMENT C
PERFORMANCE AND
PROCESS REPORT
REQUIREMENTS
ATTACHMENT C
PERFORMANCE / PROGRESS REPORT REQUIREMENTS
FY 10/1/2006 — 9/30/2007
A. The Contractor shall submit the following reports on the following dates:
October 30, 2006 Constitutional Victims Rights Notice due
November 30, 2006 October Monthly Financial Report
December 30, 2006 November Monthly Financial Report
January 20, 2007 1 st Quarterly Program Report (10/1/2006 - 12/31/2006)
January 30, 2007 December Monthly Financial Report
February 28, 2007 January Monthly Financial Report
March 30, 2007 February Monthly Financial Report
April 20, 2007 2'd Quarterly Program Report (1/1/2007- 3/30/2007)
April 30, 2007 March Monthly Financial Report
May 1, 2007 Contractor shall submit final Agreement Amendment Request.
Contractor required to advise Commission if funds may not be
used during fiscal year (10/1/2006 - 9/30/2007).
May 30, 2007 April Monthly Financial Report
June 30, 2007 May Monthly Financial Report
July 20, 2007 3rd Quarterly Program Report (4/1/2007 - 6/30/2007
July 30, 2007 June Monthly Financial Report
August 30, 2007 July Monthly Financial Report
September 30, 2007 August Monthly Financial Report
October 20, 2007 4th Quarterly Program Report (7/1/2007 - 9/30/2007)
October 30, 2007 September Monthly Financial Report
November 30, 2007 FY 2006-07 Expenditure & Program Report
(10/1/2006 - 9/30/2007)
B. Any such other information as specified in the Statement of Work, Attachment A, shall be
developed and submitted by the Contractor as required by the Contract Manager.
C. Reports and information shall be submitted to the Contract Manager at URL:
http://sigmaweb.mdchstate.mi.us/
D. The Contract Manager shall evaluate the reports submitted as described in Attac hment C, Items
A. and B. for their completeness and adequacy.
E. The Contract Manager shall permit the Department or its designee to visit and to make an
evaluation of the project as determined by Contract Manager.
ATTACHMENT D
FISCAL YEAR
EXPENDITURE AND
PROGRAM REPORT
Contractor shall enter Fiscal Year Expenditure and Program Report at URL:
http://sigmaweb.mdch.state.mi.us/
ATTACHMENT E
VICTIMS OF CRIME ACT
VICTIM ASSISTANCE
GRANT ASSURANCES
ATTACHMENT E
VICTIMS OF CRIME ACT &
VICTIMS ASSISTANCE GRANT ASSURANCES
Responsibilities - Contractor
The Contractor in accordance with the general purposes and objectives of this
agreement will:
A. Crime Victim Rights Notice
Provide notice of available project services with the following information to all
law enforcement and prosecuting attorneys with the service area of the funded
project within thirty days (30) days of the project start date. This notice is
provided so that those with statutory authority under the Crime Victim Rights Act
have information on available services within their community. This notice
should contain:
1. A brief project description containing target clientele (victim groups),
available service, hours of service, and area of services.
2. A telephone number to access services.
3. The name of the project director.
4. Funding acknowledgment for the project.
Forward a copy of this notice and distribution list within thirty (30) days of the
project start date to the Contract Manager.
B. Funding Acknowledgement
Assure that appropriate funding acknowledgment is included in all materials
publicizing or resulting from award activities, in press releases, program
brochures, annual reports and other information about the project. The funding
agency for your victim assistance project is the Michigan Crime Victim Services
Commission, not the federal agency. The source of funds is the Crime Victims
Fund, established by the Victims of Crime Act of 1984. Acknowledgment of
support should be in the following format:
This project (agreement project title) was
supported by Crime Victim Assistance Grant Award CVA# awarded
to the (applicant agency) by the Michigan Crime Victim
Services Commission, Michigan Department of Community Health. The grant
award of $ (80% of the project), comes from the Federal
1
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 victim compensation
benefits.
3. Incorporate the use of volunteers unless the Department determines
compelling reasons exist to waive this requirement.
4. The Contractor, if a domestic violence shelter program funded by the
Domestic Violence Prevention and Treatment Board (DVPTB), must
maintain compliance with the DVPTB comprehensive services grant.
D. Record Maintenance/Retention
1. Complete and keep on file as appropriate the Immigration and
Naturalization Service Employment Eligibility Form (1-9). This form is
to be used by the recipient of Federal funds to verify that persons
employed by the applicant are eligible to work in the United States.
2. Contractor must maintain appropriate programmatic and financial
records that fully disclose the amount and disposition of VOCA funds
received. This includes financial documentation for disbursements;
daily time and attendance records specifying time devoted to allowable
VOCA victim services; client files; the portion of the project supplied by
other sources of revenue; job descriptions; contracts for services; and
2
other records which facilitate an effective audit.
3. Contractor must maintain accounting records including cost accounting
records that are supported by source documentation. The retention
requirement extends to books of original entry, source documents,
supporting accounting transactions, the general ledger, subsidiary
ledgers, personnel and payroll records, cancelled checks, and related
documents and records. Source documents include copies of all
awards, applications, and required recipient financial and narrative
reports. Personnel and payroll records shall include the time and
attendance reports for all individuals reimbursed under the award,
whether they are employed full-time or part-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.
5. Maintain adequate program and fiscal records and files, including
source documentation to support program activities and all
expenditures made under the terms of this agreement, as required.
Assure that all terms of the agreement will be appropriately adhered to
and that records and detailed documentation for the project or program
identified in this agreement will be maintained for a period of not less
than ten (10) years from the date of termination, the date of submission
of the final expenditure report or until litigation and audit findings have
been resolved.
E. Authorized Access
Permit upon reasonable notification and at reasonable times, access 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
3
name of victims of crime is necessary, appropriate steps to protect this
sensitive information must and will be taken by the recipient and awarding
agency. Any such access, other than under court order or subpoena
pursuant to a bona fide confidential investigation, must be approved by
both the OJP program office head and the Comptroller.
F. Fees
The purpose of the VOCA victim assistance grant program is to provide
services to all crime victims regardless of their ability to pay for services
rendered or the availability of insurance or other third-party payment
resources. Contractors must provide services to crime victims, at no
charge, through the VOCA funded project. The Contractor is prohibited
from charging a crime victim or third party payer for any services
supported with VOCA funds.
H. Responsibilities - Department
The Department in accordance with the general purposes and objectives of this
agreement will:
A. Amendment Consideration
Contract Manager will review for consideration submitted amendments on
a regular basis but no less than quarterly. Departmental action will only
occur for those amendments providing complete information for review
and consideration. Consideration for those amendments requiring further
information will be delayed until complete information is provided.
B. Report Forms
Recommendations for new report forms, reporting instructions and
reporting formats should be forwarded to Contract Manager for review.
C. Monitor Compliance
Contract Manager will monitor compliance with applicable provisions
contained in federal grant awards and their attendant rules, regulations
and requirements pertaining to program elements covered by this
agreement to determine whether Contractor is meeting its responsibilities
under the terms of this agreement.
D. Program Guidelines
Contract Manager will provide guidelines outlining data required for
evaluation and proper reporting of financial and program activity
information.
Ill. Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
4
The Contractor will comply with applicable provisions of VOCA, the
Program Guidelines, and the requirements of the OJP 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
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
5
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
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 only.
3. Failure to meet financial reporting responsibilities as identified in this
agreement may result in withholding future payments.
4. No agreement funds will be used for indirect or administrative costs.
5. Victim assistance funds shall be used only to employ staff and cover
costs to provide services to victims of crime.
6. Crime victim assistance grant funds made available under the Victims
of Crime Act will not be used to supplant state and local funds that
would otherwise be available for crime victim assistance.
7. FSRs shall be prepared and submitted as follows:
FSRs must be submitted on a monthly basis, no later than thirty (30)
days after the close of each calendar month. The monthly FSRs must
reflect total actual program expenditures, regardless of the source of
funds. The FSR form and instructions for completing the FSR form are
available through the Department's web site:
• http://sidmaweb.mdch.state.mi.us/
Failure to meet financial reporting responsibilities as identified in this
agreement may result in withholding future payments.
6
E. Reimbursement Method
The Contractor will be reimbursed in accordance with the staffing grant
reimbursement mechanism as follows
Reimbursement from the Department based on the understanding that
Department funds will be paid up to the total Department allocation as
agreed to in the approved budget. Department funds are first source after
the application of fees and earmarked sources unless a specific local
match condition exists.
F. Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration
process to receive all State of Michigan payments as Electronic Funds
Transfers (EFT)/Direct Deposits, as mandated by PA 533 of 2004.
Vendor registration information is available through the Department of
Management and Budget's web site:
• http://www. cpexpress.state.m i. us/
G. 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. 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.
H. Unobligated Funds
Any unobligated balance of funds held by the Contractor at the end of the
agreement period will be returned to the Department along with the Fiscal
Year Expenditure and Program Report. If an audit disallows costs, the
Contractor will forward the amount of the disallowed costs to the Crime
Victim Services Commission within thirty (30) days of such notification.
Failure to do so will result in such deficiency being reported to the
Department of Treasury and may be cause for cancellation of current
agreement.
V. Project Continuation
The Department reserves the right to continue this project until 9/30/2009 upon
written notice to the Contractor. Continuation funding is subject to appropriation
and availability of federal funds and agency reporting compliance.
7
VI. 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
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
8
budget line, new contract officials, staff changes with no financial impact
or financial impact under standard budget deviation amount.
D. Any changes to the agreement will be valid only if made in writing and
accepted by all parties to the agreement either through on-line approval or
through the generation of an Amendment to the Agreement for signature
by the Contractor and the Department.
E. Total funding provided through the Department for the agreement shall not
exceed the amount shown in the State Funds section of the budget detail
except as adjusted by amendment.
F. The Contractor must submit 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.
VII. 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
9
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.
10
1 '
FISCAL NOTE (MISC. #06179) September 21, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY - FY 2007 DISTRICT COURT ADVOCACY PROGRAM -
VICTIMS OF CRIME ACT (VOCA) GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced Resolution and finds:
1. The Prosecuting Attorney is requesting the acceptance of the
FY 2007 Victims of Crime Act (VOCA) Grant.
2. The FY 2007 award amount is $125,018 which is $722 lower than
the FY 2006 award (shown on Schedule A).
3. The State contribution is $100,014 (80%) and the County
contribution is $25,004 (20%). The County contribution
includes voluntary part-time Victim Advocate intern positions
and cash match of $20,000 which is included in the FY 2007/FY
2008 Finance Committee Recommended Budget.
4. In addition to the County match requirements, the County is
expected to incur $11,191 in administrative and support costs,
which have been included in the FY 2007/ FY 2008 Finance
Committee Recommended Budget. This grant does not allow for
recovery of those costs.
5. Acceptance of this grant does not obligate the County to
future commitments and continuation as stated is contingent
upon future grant funding.
6. The grant match amount of $20,000 is included in the FY
2007/FY 2008 Finance Committee Recommended Budget Non-
departmental grant match line item.
7. The Fiscal Year 2007 Budget is amended as follows:
General Fund #10100
9090101-196030-730800 Grant Match
4010101-989999-788001-27325 Transfers Out
Total General Fund Expenditures
VOCA Grant Fund #27325
FY 2007
($20,000)
$20,000
0
FY 2007
4010101-135170-615571
4010201-135170-625558
Total Grant Revenue
State Operating Grants
Local Match
($578)
(144)
($722)
4010101-135170-702010
4010101-135170-722740
4010101-135170-731346
4010201-135170-732018
Total Grant Expenditures
Salaries ($436)
Fringe Benefits (536)
Personal Mileage (2,250)
Travel & Conference 2,500
($722)
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Coulter absent.
Ruth Johnson, County Clerk
Resolution #06179 September 21, 2006
Moved by Moss supported by Gregory the resolutions (with fiscal notes attached) on the Consent
Agenda, be adopted.
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII,
Long, Melton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda, were adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
September 21, 2006, 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 21st day of September, 2006.