137-078-0041 Allowable and Unallowable Expenses (1) All reasonable activities and expenses that support or enhance the direct provision of the Program content areas 1–11 outlined in 137-078-0030 are allowable as outlined below: (a) Salary and personnel expenses (benefits) for staff providing direct service to victims of crime; (b) Contractual Services or Professional Services; (c) Training and travel for victim assistance staff; (d) Office equipment and supplies to support the Program; (e) Indirect costs based on or a federally-approved Negotiated Indirect Cost Rate or administrative costs not to exceed 10% of the modified total direct costs of the CFA Grant Award to be used for fund and program management; (f) Emergency Services and assistance; (g) Travel and lodging expenses for a victim to attend legal proceedings directly related to their victimization; (h) Operating Costs such as, but not limited to, supplies, printing, copying and postage; (i) Other activities and expenses necessary to provide victim services as outlined in these Rules and as expressly approved by the CFA Fund Coordinators or Administrator; (j) Rent; (k) Furniture and Equipment purchases that provides or enhances services to crime victims; (l) Outreach activities and coordination of community collaborations. (2) The expenses and activities listed below are unallowable uses for CFA funds: (a) Indirect program costs in excess of a federally-approved Negotiated Indirect Cost Rate, or in excess of ten percent (10%) if the Program does not have a federally-approved Negotiated Indirect Cost Rate. (b) Activities or costs that support prosecution or law enforcement functions. (c) Crime prevention activities. (d) Purchase of vehicles or buildings. (e) Retirement of any debt, or reimbursement of any person or entity for expenditures made or expenses incurred. (f) Perpetrator/Offender rehabilitation and counseling. (g) Witness activities (for those who are not crime victims). (h) Entertainment, honoraria, gifts, gift certificates, and recreational or sport activities. (i) Fundraising activities. (j) Conference costs for individual crime victims. (k) Investment of CFA Grant funds. (l) Liability insurance for buildings, property. (m) Mortgage payments. (n) Any other costs at the discretion of the Administrator. (3) Programs are required to be prudent in the acquisition of equipment. Careful screening should take place before purchasing equipment to be sure that the property is needed and the need cannot be met with the equipment already in the possession of the Program. Monies expended for the purchase of equipment that is already available for use within the county or city will be considered unnecessary and unallowable Program expenses. (4)(a) Professional services may be performed under contract with the city or county, by individuals and organizations, when such services are not readily available within the Program and are clearly consistent with the intent and purposes of the Act. Employees on the Program's payroll are not eligible to provide professional services under contract with the Program; (b) Under the Act, city and district attorneys are required to administer the Program. Administration of the Program shall serve the objective of incorporating these programs as an integral function of the prosecutor's office, to the end that there is an efficient and coordinated merger between the interests of serving the needs of the victim and the prosecution of crime. In light of this objective, no contract may be entered into which will allow the Program to be administered independently of the control and policy direction of the city or district attorney whose Program is the subject of the contracted service. Any allowable contract shall: (A) Detail those specific services identified in the approved Program that are to be carried out by the contractor; (B) Provide for coordination of the contractor's functions with those of the prosecutor's city or county office, including as appropriate, the services to be performed, the contractor's access to the prosecutor's records and personnel, and the exchange of such communications between the prosecutor's office and the contractor as are necessary to the ongoing performance of the contract services and the prosecutorial function; (C) Provide that ultimate program control and policy direction not addressed in the agreement shall be retained as the responsibility of the prosecutor and that he or she shall provide timely consideration and written determination thereof; and (D) Provide a procedure for routine review by the city or district attorney of the contractor's performance, facilitated by quarterly activity reports to be made by the contractor to the prosecutor outlining the activities and accomplishments during the report period, any problems in operation or implementation of the contracted services, and any critical observations relative to the program's operation. Statutory/Other Authority: ORS 147 Statutes/Other Implemented: ORS 147.227 History: DOJ 12-2015, f. & cert. ef. 10-8-15 DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10 DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11