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Home My WebLink AboutResolutions - 2007.09.20 - 9373September 20, 2007 MISCELLANEOUS RESOLUTION #07211 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2008 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, 2007 through September 30, 2008; 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 2008 application amount of $142,485 resulted in an award of $142,485; and WHEREAS the State contribution is $113,988 and County contribution is $28,497; 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 $113,988 and County contribution of $28,497 for the period of October I, 2007 through September 30, 2008. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED that continuation of this program, including positions is contingent upon continued grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote GRANT REVIEW SIGN OFF — Prosecuting Attorney GRANT NAME: 2008 District Court Advocacy Program FUNDING AGENCY: Mich. Dept. of Community Health VOCA DEPARTMENT CONTACT PERSON: Daniel Cojanu/ 248-975-9731 STATUS: Grant Acceptance DATE: August 17, 2007 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 (08/14/2007) Department of Human Resources: Approved by FIR. — Jennifer Mason (08/14/2007) Risk Management and Safety: Approved By Risk Management - Andrea Plotkowski (08/17/2007) Corporation Counsel: After reviewing this grant contract, there appear to be no unresolved legal issues that require additional action at this time. — Karen Agacinski (08/16/2007) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Federal Office of Management and Budget (OMB) Circular No. A-87, A-102, and A-133 htto://www.whitehouse.gov/omb/circulars/index.htmt Lobbying Disclosure Act of 1995. (2 USC 1601) htto://www.senate.gov/reference/resources/pdf7contactinu10465.pdf Michigan Elliott-Larsen Civil Rights Act "Act 453 of 1976" v/ tniri5z55z2aiwY4.11/miletr.aspx?pv -e-grjliacti&oNeetri ame—mel-Act-453-of-19768cquervid---14718540 JENNIFER M. GRANHOLM GOVERN OR STATE OF MICHIGAN DEPARTMENT OF COMMUNITY HEALTH CRIME VICFIM SERVICES COMMISSION August 1, 2008 JANET OLSZEWSKI DIRECTOR Daniel N. Cojanu, Supervisor-Victim Services County of Oakland 1200 N.Telegraph Pontiac, MI 48341 RE: VOCA Grant Project Title: Project Period: Dear Cojanu, CVA#: 20687-9V05 District Court Advocacy Program 10101/2007 - 09/30/2008 We are pleased to advise you that your proposal has been selected to receive Victims of Crime Act Victim Assistance funding. The amount of federal funds awarded for this project is $113,988. Enclosed are two original copies of your project agreement. Included in the agreement are the Standard Agreement, General Provisions, Attachment A (Statement of Work), Attachment B (Budget Detail), Attachment C (Reporting Requirements), Attachment D (Fiscal Year Expenditure and Program Report), and Attachment E (Victims of Crime Act & Crime Victims Assistance Grant Assurances). Both copies must be signed by your authorizing official and immediately returned to the Crime Victim Services Commission - Crime Victim Assistance Grants, 320 S. Walnut Street, Lansing, MI 48913. Please act promptly to obtain the required signatures and to return both copies to us no later than August 20, 2007. Your agency may not charge expenditures to this agreement until both signed copies are returned to us and signed by a Bureau or Chief Deputy Director of the Department of Community Health and the project period has begun. Upon execution of the authorized signature for the Department, this agreement will be approved online. You are encouraged to maintain a copy of the agreement for your records. Enclosed please find the VOCA Grant file for the upcoming fiscal year. Please utilize this file to maintain grant documentation as required by your agreement. It is the Crime Victim Services Commission's policy that no application will be awarded until the financial administration of all active or prior grants or agreements are current. This includes the performance and submission of all required audits, the resolution of audit findings and outstanding financial and programmatic reports, and the payment of all bills of collection and refunds due this office. Pursuant to direction from the Legislature, grant funds received under this agreement shall not be used for lobbying and shall not be used to attempt to influence the decisions of the legislature, the governor, or any state agency. You will also find enclosed a Certificate of Recognition as a valued partner of the Michigan Department of Community Health, similar to the certificate received last year. You may want to substitute this certificate in the frame already received. We are proud to be working with you again in a partnership that will benefit the citizens in your service area. Again, we wish to congratulate you on the approval of funding for your project. We look forward to working with you to improve the delivery of direct services to victims of crime in your community. Should you have any questions, please contact me at 517/334-9180 or oreillylmichioan.00v via Internet e-mail. You may also contact my secretary, Therese Clingman Porn at 517/334-9944 or clinomant@michigan.gov . Sincerely, Leslie O'Reilly Program Specialist LOR/tcp Enclosures Copy without enclosures to: Laurie VanPeit Mike Fullwood, Director CVSC LEWIS CASS BUILDING • 320 SOUTH WALNUT STREET • LANSING, MICHIGAN 48913 www.michgan.gov • (517) 334-9185 Printed by members oft SEIU Contract #: CVA #: 20687-9V05 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.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 10/01/2007 and continue through 09/30/2008. 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 $142,485. The Department, under the terms of this agreement, will provide funding not to exceed $113,988. The federal funding provided by the Department is $113,988 or approximately 80%; the Catalog of Federal Domestic Assistance (CFDA) number is 16-575 and the CFDA Title is Crime Victim Assistance; the federal agency name is the U.S. Department of Justice; the federal grant award number is 2005-VA-GX-0040 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 $28,497 and is identified on Attachment B, budget pages. The grant agreement is designated as a: • subrecipient relationship; or ▪ 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 are 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 oreillylmichigan.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. Dent of Mansaament and Rildnpt Name Title vanpeltloakoov.com (2481 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, Deputy Director, Operations Administration Date 3 of 16 DCH-0665 FY2008 2107 (W) Part II General Provisions Responsibilities - Agency The Agency 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 Agency, the Agency 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 Agency 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. Agency must provide services to crime victims, at no charge, through the VOCA funded project. The Agency 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. 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-0665FY2008 2807 (W) Page 4 of 15 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 Agencies designated as subrecipients. Agencies designated as vendors are exempt from the provisions of this section. 1. Required Audit or Notification Letter Agencies 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, Agency 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 Agencies that expend $500,000 or more in federal awards during the Agency'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 Agencies 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). Agencies 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 Agencies 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 template Audit Status Notification Letter and further instructions are available at http://www.michiqan.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 (Le. 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 Agency's fiscal year to: Michigan Department of Community Health Office of Audit Quality Assurance and Review Section P.O. Box 30479* DCH-0665 FY2007 5/06 (W) Page 5 of 15 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 http://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, 3rd Floor 1033 South Washington Ave. Lansing, Michigan 48910 3. Penalty a. Delinquent Single Audit or Financial Statement Audit If the Agency 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 Agency'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 Agency 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 Agency 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 Agency must ensure that each of its subrecipients comply with the Single Audit Act requirements. The Agency must issue management decisions on audit findings of their subrecipients as required by OMB Circular A-133. The Agency must also develop a subrecipient monitoring plan that addresses "during the award monitoring" of subrecipients to provide reasonable assurance that the subrecipient administers Federal awards in compliance with laws, regulations, and the provisions of contracts, and that performance goals are achieved. The subrecipient DCH-0665 FY2007 6/06 (W) Page 6 of 15 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 Agency must establish requirements to ensure compliance for for—profit subrecipients as required by OMB Circular A-133, Section .210(e) The Agency 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 Agency 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 Agency's business operations for processing date/time data. K. Human Subjects The Agency 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 Agency. 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 Agency 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 Agency an opportunity to review and offer comment. Assurances The following assurances are hereby given to the Department: A. Compliance with Applicable Laws The Agency will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this agreement. The Agency will also comply with all applicable general administrative requirements such as OMB Circulars covering DGH-0665 FY2007 5/06 (W) Page 7 of 15 cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. B. Anti-Lobbying Act The Agency 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 Agency shall require that the language of this assurance be included in the award documents of all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Agency 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 Agency 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 sub-contractor. 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 Agency 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, 3. Snec-jal Provision Additions for Agreements with Native American Tribes Agreements with Native American Tribes must include the following additions to the Part II, Section III. Assurances,C. Non-discrimination and Section IX. Liability: 1. Part II, Section III, C. Non-discrimination, Section 3: 3. The Department acknowledges and agrees that the Contractor applies employment preferences to Native Americans pursuant to the Civil Rights Act of 1964, 42 U.S.C. 2000(e)(2)(i) and is exempt for the employment provisions of the Americans with Disabilities Act, pursuant to 42 U.S.C.12111(B)(i). DCH-0665 FY2007 5/06 (W) Page 6 of 15 D. Debarment and Suspension Assurance is hereby given to the Department that the Agency 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 sub-contractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or Agency; 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 Agency 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 Agency also assures that this language will be included in any sub-awards which contain provisions for children's services. 2, The Agency 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 Agency. If activities or services are delivered in facilities or areas that are not under the control of the Agency (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 Agency will comply with the Hatch Political Activity Act, 5 USC 1501-1508, and the DCH-0665 FY2007 5/06 (W) Page 9 of 15 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 sub- contractor 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 Agency 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 Agency in this agreement. 3. That the subcontract does not affect the Agency'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 Agency 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 Agency(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 Agency provides to the Department under this agreement, the Agency assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following: 1. The Agency must not share any protected health data and information provided by the Department that falls within H1PAA requirements except to a sub- contractor as appropriate under this agreement. DCH-0665 FY2007 5/06 (W) Page 10 of 15 2. The Agency 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 Agency must only use the protected health data and information for the purposes of this agreement. 4. The Agency 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 Agency's employees. 5. The Agency 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 Agency 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 HPAA requirements, the Agency is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information received by the Agency from the Department or any other source. IV. Financial Requirements A. Operating Advance An operating advance may not be requested by the Agency. B. Reimbursement Method The Agency 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 quarterly basis, no later than twenty (20) days after the close of each calendar quarter. The quarterly financial report must reflect total actual program expenditures. reaardless of the source calLfligglk. The Quarterly financial report form and instructions for completing the form are available through the Department's web site: • http://sigmaweb.mdch.state.m i. us/ Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. D. Reimbursement Mechanism All Agencies 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 DCH-0665 FY2007 5/06 (W) Page 11 of 15 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 Lus/ E. Final Obligations and Financial Status Report Requirements Fiscal Year Expenditure and Proqram Regort 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. Unobligated Funds Any unobligated balance of funds held by the Agency at the end of the agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. V. Agreement Termination The Department may cancel this agreement without further liability or penalty to the Department for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. C. This agreement may be terminated immediately if the Agency or an official of the Agency 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 Agency 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 Agency for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Agency shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Agency 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 Agency 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. DCH-0665 FY2007 5/06 (W) Page 12 of 15 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 Agency in the performance of this agreement shall be the responsibility of the Agency, 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 Agency, any sub-Contractor, anyone directly or indirectly employed by the Agency, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Agency 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 Agency, 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 Agency and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Agency 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 Agency, the State, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. D. The Contractor and Contractor's employees or agents may also be covered for claims for services which are the subject of the Agreement under the Federal Tort Claims Act, 28 U.S.C. 1346 et. Seq. X. Conflict of Interest The Agency and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended, MCL 15.341 et seq, MSA 4.1700 (71) et seq. Xl. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. XII, Confidentiality Both the Department and the Agency 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 5/06 (W) Page 13 of 15 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 07/08 AGREEMENT ADDENDUM A 1. 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. B. Health Insurance Portability and Accountability Act. The provisions in this section shall be deleted in their entirety and replaced with the following language: Contractor agrees that it will comply with the Health Insurance Portability and Accountability Act of 1996, and the lawfully enacted and applicable Regulations promulgated there under. IV. 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. 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 Signature For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Nick Lyon, Deputy Director Operation Administration Date Date Date ATTACHMENT A STATEMENT OF WORK FY 2007 - 2008 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 FY 2007 2008 [El Original Budget EI Amended Budget — No. 0 ATTACHMENT B Michigan Depement of Community Health Victims of crime Act Victim Assistance Grant Program Budget Summary GRANTEE CVA PROJECT NUMBER County of Oakland 20687-9V05 IMPLEMENTING AGENCY CVA PROJECT PERIOD Office of the Prosecuting Attorney 10/01/2007— 09/30/2008 PAYEE IDENTIFICATION NUMBER FISCAL YEAR 38-6004876 2008 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 $89,761 , FEDERAL $113,988 , 80% FRINGE BENEFITS $47,122 GRANTEE $28,497 20% TRAVEL $ 5,410 TOTAL $142,485 100% SUPPUES AND MATERIALS $ 0 CONTRACTUAL $ 0 EQUIPMENT $ 0 OTHER EXPENSES $ 192 TOTAL $142,485 Grantee Contract Officials: 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: VOCA Victim Assistance Grant Contacts: Leslie O'Reilly, Program Specialist (Contract Manager) Questions concerning VOCA grant eligibility & allowability, grant applications, awards, denials, project implementation, guideline requirements, contract adjustments, grant compliance reviews and other victim service needs concerns. PHONE: (517) 334-9180 E-MAIL: OREILLYL@michigan.gov FAX: (517) 334-9942 Linda Schneider, Accounting Technician Questions concerning grant payments and audit verification verification requests. PHONE: (517) 334-9946 E-MAIL: SCHNEIDERL@michigan.gov Michael J. Fullwood, Director Crime Victim Services Commission Lewis Cass Building 320 S. Walnut Street Lansing, MI 48913 PHONE: (517) 373-7373 By authority of the Victims of Crime Act of 1984: CFDA#16-575 Crime Victim Assistance. U.S. Department of Justice Page 1 of 1 ATTACHMENT B.1 View at 100% or Larger Use WHOLE DOLLARS Only PROGRAM BUDGET SUMMARY MICHIGAN DEPARTMENT OF COMMUNITY HEALTH CVA#: 20687-9V05 PROGRAM DATE PREPARED Page 1 Of CRIME VICTIM SERVICES COMMISSION August 2, 2007 1 : 2 CONTRACTOR NAME _ BUDGET PERIOD County of Oakland From 10/01/2007 To: 09130/2008 MAILING ADDRESS (Number and Street) BUDGET AGREEMENT AMENDMENT # 1200 N.Telegraph [ X i ORIGINAL [ ] AMENDMENT _ o CITY STATE ZIP CODE FEDERAL ID NUMBER Pontiac MI 48341 38-6004876 _ EXPENDITURE CATEGORY TOTAL BUDGET 1. SALARIES & WAGES $89,761 , $89,761 2. FRINGE BENEFITS $47,122 $47,122 3. TRAVEL $ 5,410 $5,410 4. SUPPLIES & MATERIALS $ 0 $ 0 5. CONTRACTUAL (Suboontracts/Subrecipients) $ 0 _ $ 0 6. EQUIPMENT $ 0 $ 0 7. OTHER EXPENSES $ 192 $ 192 8. TOTAL DIRECT EXPENDITURES $0 $0 (Sum of Lines 1-7) $142,485 $142,485 9. INDIRECT COSTS: Rate #1 % INDIRECT COSTS: Rate #2 % 10. TOTAL EXPENDITURES $142,485 $0 $0 $142,485 _ SOURCE OF FUNDS 11. FEES & COLLECTIONS $0 $0 12. STATE AGREEMENT $113,988 $113,988 13. LOCAL $29,990 $20,000 14. FEDERAL $0 $0 ,._ 15. OTHER(S)". ''.5..il,e' ,, • !..',•:' ' F.'-'.1.,tfi'-`-'44=-,..:-AP:;",-.1.::?.j.tr..-,, 8497 8497 . _ 16. TOTAL FUNDING 1 $142,485 $0 I $0 $142,485 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 employer, services and programs provider. DCH-0385(E) (Rev 2-07) (W) Previous Edition Obsolete. DCH-0665FY2007 5/06 (W) Ilvtaima t PROGRAM BUDGET — COST DETAIL SCHEDULE CVA#: 20687-9V05 Page 2 of 2 View at 100% or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH B.2 Use WHOLE DOLLARS On! PROGRAM BUDGET PERIOD DATE PREPARED CRIME VICTIM SERVICES COMMISSION From: To: August 3, 2007 10/01/ se o t ii ; 2007 CONTRACTOR NAME BUDGET AGREEMENT AMENDMENT # County of Oakland [X] ORIGINAL [ ] AMENDMENT 1. SALARY & WAGES POSITIONS COMMENTS TOTAL SALARY POSITION DESCRIPTION RE Jennifer DeMeritt, Victim Advocate 1 $39,560 Cynthia Ham bly, Victim Advocate 1 $41,704 victim advocate volunteer (intern) 0.2 $ 8,497 $ 0 $ 0 $ 0 $ 0 $ 0 SO $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 1. TOTAL 2.2 $89,761 SALARIES & WAGES: 2. FRINGE BENEFITS (Specify) [ XJ FICA {X] LIFE INS. [ X] DENTAL INS. COMPOSITE RATE [ X] UNEMPLOY INS. [1 VISION INS [x X] WORK COMP. AMOUNT 58% [ ] RETIREMENT a HEARING INS. X HOSPITAL INS. X OTHER se eci • 1 : , '.47 122 3. TRAVEL (Specify if category exceeds 10% of Total Expenditures) $ 5,410 See Attached 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 $ 0 See Attached 6. TOTAL EQUIPMENT: 7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures) See Attached 7. TOTAL OTHER: $ 192 8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) 8. TOTAL DIRECT EXPENDITURES: $142,485 9. INDIRECT COST CALCULATIONS Rate #1: Base $0 X Rate 0.0000 % Total $ 0 Rate #2: Base $0 X Rate 0.0000 % Total $ o 9. TOTAL INDIRECT EXPENDITURES: • 10. TOTAL EXPENDITURES (Sum of lines 8-9) $142,485 AUTHORITY: PA. 368 of 1978 The Department of Community Health is an eaual opportunity employer, services COMPLETION: Is Voluntary, but is required as a condition of funding and programs provider DCH-0386 (E) (Rev 2-07) (W) Previous Edition Obsolete. Use Additional Sheets as Needed DCH-0665FY2007 5106 (W) Crime .Victim Services Online Grant System - Budget Printable Version Page 1 of 3 Main Menu Change Password CVA Number: 20687-9V05 Project Period: 10/1/2007 - 9/30/2008 Budget Section District Court Advocacy Program; County of Oakland Budget Summary Budget Line Item VOCA + Local = Total Federal Match Project Amount Amount Amount Salaries and Wages $61,264 $28,407 $89,761 Fringe Benefits $47,122 $0 $47,122 Travel $5,410 $0 $5,410 Supplies and Materials I $0 $0 $0 Contractual $0 $0 $0 Equipment $0 $0 $0 Other Expenses $192 $0 $192 Current Totals $113,988 $28,497 $142,485 Current Percentages 80% 20% 100% Match s:(urce and method of calculating match Amount $20000 Cash County Funded $20,000 $8,497 in kind volunteer match. $19.02x415 hrs. $8,497 Total $28,497 Current Cash Match Current In-Kind Match Current Total Match $20,000 $8,497 $28,497 Salaries and Wages Name and Title Hourly Salary Hours VOCA -t- Local = Total Rate Devoted 1 Federal Match Project Amount Amount Amount Jennifer DeMeritt - Victim $19.02 2080 $29,560 $10,000 $39,560 Advocate New Hire - Victim Advocate $20.05 2080 $31,704 $10,000 $41,704 Volunteer, victim advocate $19.02 415 0 $8,497 $8,497 volunteer (intern) Total Salaries and Wages $61,264 $28,497 $89,761 Personnel Budget Detail Worksheet Salutation First Name Middle Initial Last Name Ms._ Jennifer DeMeritt Title Victim Advocate _ .,..... _ Educational Requirement B.A. Employment Begin Date Employment End Date 10 1 2007 9/30/2008 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total 10/1 - 12/31 1/1 - 3/31 4/1 - 6/30 7/1 - 9/30 Salary Rate per hour $19.02 $19.02 $19.02 $19.02 $39,560 VOCA hours per quarter 520 520 520 520 _ Non-VOCA hours per quarter 0 0 0 0 Total gross wages $9,890 $9,890 $9,890 $9,890 FICA (7.65% of salary) Calculated Maximum FICA: $3,026 $3,026 Unemployment $79 (Rate 0.88% x Prorated share 100% x $94000) _ _ Worker's Compensation $502 https://sigmaweb.mdch.state.mi.us/voca/budgetprintable.asp 8/3/07 I Crime Victim Services Online Grant System - Budget Printable Version (Rate $1.27 per $100) Health Insurance Life Insurance Professional Malpractice Insurance Optical _ . retirement Dental Insurance Disability Insurance $185 $45 $39 $0 $27 $2,723 $2,620 ;2,620 $2,620 $2,620 $10,480 $185 $185 $185 $740 .._,,, _... $45 $45 'j4:5''. --'$isb $39.$39 .. . „ _ $39 $156 ..... . ..... $0 $0 $0 $0 ... . . ____...._......__. $27 $27 $27 $108 $2,723 $2,723 $2,723 $10,89 11 Tntal 446g 7711 IFICA (7.65% of salary) Unemployment (Rate 0.92% x Prorated share 100% x $9,000) Worker's Compensation (Rate $1.27 per $100 Total gross wages Non-VOCA hours per quarter 0 0 0 $10,426 $10,426 $10,426 $10,4-26 Calculated Maximum FICA: $3,190 $3,190 _ _ _ $83 Description FICA Unemployment Workers Compensation Health Insurance Dental Insurance Disability Insurance Life Insurance Total Frinae Benefirc $0 0 $13 $22,524 $0- t47.177 --4fl -Z4=7T-7? Professional Malpractice Insurance Other - Page 2 of: Salutation Title Educational Requirement Employment Begin Date 10/1/2007 Salary Rate per hour VOCA hours per quarter First Name New Victim Advocate B.A. Employment End Date 900/2008 ..„_. 1st Quarter 2nd Quarter 3rd Quarter 10/1 - 12/31 1/1 - 3/31 4/1 - 6/30 4th Quarter Total 7/1 - 9/30 • Middle Initial Last Name Hire $20.05 $20.05 $2Q.05 $20.05 $41,764 520 520 520 520 Health Insurance Dental Insurance Disability Insurance Life Insurance Professional Malpractice Insurance optical retirement Fringe Benefits $1,200 $119 $47 $42 $0 $1,200 $1,200 $1,200 $4,800 $119 $119 $119 $476 $47 $47 $47 $188 $42 $42 $42 $168 $0 $0 SO $0 $12 $12 $12 $12 $484 $2,869 $2,869 $2,869 $2,8§2....a1,476 Tntal 4;67 AA1 VOCA + Local = Total Federal Match Project Amount Amount_ Amount $6,216 $0 $6,216 .................... $162 $0 $162 $1,032 $0 — $15,280 $0 $15,280 . ......._ _ ... $368 $0 $368 S324 $$324 $1.216 Travel Description Number of Mileage Lodging Miles Rate Cost mileage 6000 $0.485 National Organization for Victims Assistance National Organization for Victims Assistance Meals Number of VOCA + Local = Total Cost Days Federal Match Project Amount Amount Amount $0 0 $2910to $2910 . .. $1250 $o $1250 $1250 $0 $1250 ,554 -LO cal rt Total Travel https://signiaweb.mdch.state.rni.us/voca/budgetprintable.asp R/3/07 ATTACHMENT C PERFORMANCE AND PROGRESS REPORT REQUIREMENTS FY 2007 2008 ATTACHMENT C • PERFORMANCE/PROGRESS REPORT REQUIREMENTS FY 10/01/07 — 9/30/08 A. The Contractor shall submit the following reports on the following dates: October 30, 2007 November 30, 2007 December 30, 2007 January 20, 2008 January 30, 2008 February 29, 2008 March 30, 2008 April 20, 2008 April 30, 2008 May 1,2008 May 30, 2008 June 30, 2008 July 20, 2008 July 30, 2008 August 30, 2008 September 30, 2008 October 20, 2008 October 30, 2008 November 15, 2008 Constitutional Victims Rights Notice due October Monthly Financial Report November Monthly Financial Report 1 st Quarterly Program Report (10/1/07 - 12/31/07) December Monthly Financial Report January Monthly Financial Report February Monthly Financial Report 2nd Quarterly Program Report (1/1/2008 — 3/30/2008) March Monthly Quarterly Report Contractor shall submit final Agreement Amendment Request. Contractor required to advise Commission if funds may not be used during fiscal year (10/01/07 — 9/30/08) April Monthly Financial Report May Monthly Financial Report 3rd Quarterly Program Report (4/1/08 — 6/30/08) June Monthly Financial Report July Monthly Financial Report August Monthly Financial Report 4th Quarterly Program Report September Monthly Financial Report FY 2007 — 2008 Expenditure and Program Report (10/01/2007 — 9/30/2008) 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: https://sicunaweb.mdch.state.mlusi The Contractor Manager shall evaluate the reports submitted as described in Attachment C, Items A and B, for their completeness. E. The Contract Manager shall permit the Department or its designee to visit and to make an evaluation as determined by Contract Manager. ATTACHMENT D FISCAL YEAR EXPENDITURE AND PROGRAM REPORT FY 2007 ow 2008 Contractor shall enter Fiscal Year Expenditure and Program Report at URL: hftps://sigmaweb.mdch.state.mi.us/ ATTACHMENT E VICTIMS OF CRIME ACT VICTIM ASSISTANCE GRANT ASSURANCES FY 2007 2008 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 EETSECOM 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 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. 1. Contractor assures that information will be collected and maintained by race, sex, national origin, age, and disability where such information is voluntarily furnished by those receiving assistance. Collection of this information is for statistical purposes only. This information is protected by federal privacy laws and state confidentiality requirements. 5. Maintain adequate program and fiscal records and files, including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. 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 3 access include true name of victims of crime. When access to the true name of victims of crime is necessary, appropriate steps to protect this sensitive information must and will be taken by the recipient and awarding agency. Any such access, other than under court order or subpoena pursuant to a bona fide confidential investigation, must be approved by both the OJP program office head and the Comptroller. F. Fees The purpose of the VOCA victim assistance grant program is to provide services to all crime victims regardless of their ability to pay for services rendered or the availability of insurance or other third-party payment resources. Contractors must provide services to crime victims, at no charge, through the VOCA funded project. The Contractor is prohibited from charging a crime victim or third party payer for any services supported with VOCA funds. 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: 4 A. Compliance with Applicable Laws 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 5 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 inventor,/ 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: • https://siqmaweb.mdch.state.mi. us/ Failure to meet financial reporting responsibilities as identified in this 6 agreement may result in withholding future payments. E. Reimbursement Method The Contractor will be reimbursed in accordance with the staffing grant reimbursement mechanism as follows Reimbursement from the Department based on the understanding that Department funds will be paid up to the total Department allocation as agreed to in the approved budget. Department funds are first source after the application of fees and earmarked sources unless a specific local match condition exists. F. Reimbursement Mechanism All contractors must sign up through the on-line vendor registration process to receive all 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.mi.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. Unobliqated 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 8 between existing budget lines, transferring dollars within an existing budget line, new contract officials, staff changes with no financial impact or financial impact under standard budget deviation amount. D. Any changes to the agreement will be valid only if made in writing and accepted by all parties to the agreement either through on-line approval or through the generation of an Amendment to the Agreement for signature by the Contractor and the Department. E. Total funding provided through the Department for the agreement shall not exceed the amount shown in the State Funds section of the budget detail except as adjusted by amendment. F. The Contractor must submit the final Agreement Amendment Request to the Department 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 9 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. 10 "P FISCAL NOTE (MISC. 107211) September 20, 2007 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: PROSECUTING ATTORNEY - FY 2008 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 2008 Victims of Crime Act (VOCA) Grant. 2. The FY 2008 award amount is $142,485 which is $17,467 higher than the FY 2007 award. 3. The State contribution is $113,988 (80%) and the County contribution is $28,497 (20%). The County contribution includes voluntary part-time Victim Advocate intern positions and cash match of $20,000 which is included in the FY 2008/FY 2009 Finance Committee Recommended Budget. 4. In addition to the County match requirements, the County is expected to incur $13,527 in administrative and support costs, which have been included in the 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 $28,497 is included in the FY 2008 Finance Committee Recommended Budget Non-departmental grant match line item. 7. A budget amendment is requested to the FY 2008 Finance Committee Recommended Budget as follows: Finance Total Recomm. FY 2008 Amended General Fund #10100 FY 2008 Amendment FY 2008 Expenditures 9090101-196030-730800 Grant Match ($24,426) ($4,071) ($28,497) '4010101-989999-788001-27325 Trans Out 24,426 4,071 28,497 Total General Fund Expenditures 0 0 $ 0 VOCA Grant Fund #27325 4010201-135170-610313 Grants Federal 4010201-135170-625558 Local Match Total Grant Revenue $100,592 $13,396 24,426 4,071 $).254_01$ $17,467 $113,988 28,497 $142,485 Expenditures 4010201-135170-702010 Salary $82,588 $7,173 $89,761 4010201-135170-722740 Fringe Benefits 37,068 10,054 47,122 4010201-135170-731346 Personal Mileage 2,670 240 2,910 4010201-135170-732018 Travel & Conference 2,500 0 2,500 4010201-135170-777560 Radio Communication 192 0 192 Total Grant Expenditures $125,018 $17,467 •142,485 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. THE FOREGOING RESOLUTION i/2-11 07 Resolution #07211 September 20, 2007 Moved by Gosselin supported by Suarez the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted. AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal notes attached) on the amended Consent Agenda were adopted. .40M100 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 20, 2007, 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 20th day of September, 2007. Ruth JANA*, Vounty Clerk