IOLA Fund of the State of New York 2015-17 IOLA Grant Cycle Application Process Questions & Answers (as of January 30, 2015) Grants Gateway Interface Question 1: Answer: Our organization downloaded the Application Instructions and Forms for the 2015-2017 IOLA Grant Cycle from the New York State Grants Gateway but cannot locate where on the website to begin the actual grant application. Only individuals designated with the Grants Gateway roles of “Grantee System Administrator” or “Grantee Signatory” are authorized to submit applications via Grants Gateway. Other roles may allow access to your vault and enable you to seek prequalification, but will not necessarily be the correct roles for applying for grant opportunities. Please review your designated role before preparing your application and contact the Grants Gateway help desk for more information. Grants Gateway Help Desk 800-820-1890 [email protected] (Monday-Friday 8am to 8pm) Question 2: Answer: After starting our application (but not submitting it), logging out and attempting to log in again, the Grants Gateway system displays a message stating, "You have already applied for this opportunity." What does this mean? Applicants seeking to resume work on a partially completed application should go to the Grants Gateway home page and access their application in “My Tasks.” If the application is not listed, then contact: Grant Gateway Help Desk 800-820-1890 [email protected] (Monday-Friday 8am to 8pm) Question 3: Answer: Question 4: Answer: How should applicants complete the Grants Gateway questions relating to matching funds? Applicants should leave blank the columns in the finance section of the Grants Gateway relating to Hours, Effort Funded, Months Funded, Match Funds and Other Funds. Applicants should complete and upload the Budget Expenditures and Revenue Worksheet forms (found in the Application Instructions and Forms), which will provide the IOLA Fund with information about overall expenditures and revenue. How should applicants complete the Grants Gateway text boxes in the Program Specific Question section? The Application Instructions and Forms direct applicants only to upload documents. If the text boxes are left blank, however, the Grants Gateway system indicates “page errors” and the application cannot be finalized. The text boxes in the Program Specific Question section were configured to require applicants to enter information. Applicants should indicate “see attached document” or 2 similar comment in the text boxes. The substantive responses, however, should be set forth in documents drafted per the Application Instructions and Forms and uploaded. Question 5: Answer: Question 6: Answer: What is the RFP/RFA number for the 2015-17 IOLA Grant? The IOLA Fund does not utilize the RFP/RFA number function that is available in the Grants Gateway system. Currently, the IOLA Fund has only one grant opportunity available. At pages 12-13, the Application Instructions and Forms refer to the Grants Gateway “budget template” and “Budget Summary.” Is the “Budget Summary” referenced in the instructions actually the “Expenditure Summary” on Grants Gateway? Where can applicants find these fields on Grants Gateway or forms to be uploaded? The Grants Gateway “budget template” is a collective reference to the various fields in the Grants Gateway application relating to expenditures, such as the “Expenditure Summary,” “Personal Services” and “Non Personal Services” (including “Detail,” “Narrative,” and sub-parts such as “Fringe,” “Travel” and “Space/Property and Utilities”), that applicants will be prompted to complete as part of the application process in the Grants Gateway system. There is no document entitled “budget template” for applicants to upload. 3 Question 7: Answer: At pages 14-15, the Application Instructions and Forms refer to the Grants Gateway “Work Plan Summary” and “Work Plan Detail.” Are these actually the “Work Plan Overview Form” and “Objectives and Tasks” on Grants Gateway? How much information should be entered in the Grants Gateway fields for “”Project Summary” and “Organization Capacity.” In Grants Gateway, the work plan is captured in the “Work Plan Overview Form.” The first two prompts will be to enter descriptions of your “Project Summary” and “Organizational Capacity.” Disregard the Grants Gateway instructions to provide detailed descriptions in these fields. In the “Project Summary” field, enter a one sentence summary according to the samples provided in the IOLA Application Instructions and Forms at page 14. In the “Organizational Capacity” field, simply enter “see attached” or like phrase. The “Work Plan Detail” refers to the “Objectives” and “Tasks” on Grants Gateway. Applicants should (a) select only those objectives that apply to their organizations, (b) enter the appropriate “Performance Measure Name” when prompted (e.g., “cases to be closed”) and (c) enter a numeric goal. Applicants should not enter “Objective Descriptions;” to the extent necessary, these have been preprogrammed already. Question 8: Answer: The Grants Gateway “Salary Detail” form seems to have space for only one “Position/Title.” How should applicants indicate “Legal Staff” and “Other Staff” as directed by the IOLA Application Instructions and Forms? In Grants Gateway, an applicant should enter the name of one “Position/Title,” click “Save,” and then click “Add” (which can be located in the blue ribbon at the top of the page). The applicant will then be able to enter another “Position/Title.” 4 Question 9: Answer: Where can applicants find additional instructions about answering Grants Gateway application questions? The Grants Reform website has a page for grantees and potential grantees that includes “Quick Start Guide: Applications” and a Training Calendar. Webinars on applying for grants are currently scheduled each Tuesday and Thursday morning. For more information, go to: http://www.grantsreform.ny.gov/Grantees or contact: Grant Gateway Help Desk 800-820-1890 [email protected] (Monday-Friday 8am to 8pm) Eligibility Question 10: Answer: Are programs that provide legal services to immigrants eligible for IOLA grants? Are there any restrictions on the use of IOLA grants in serving immigrant clients with regard to the kind of legal work or whether an immigrant is detained? Should a program that serves the civil legal needs of a specific, immigrant community apply for a Civil Legal Services grant or an Administration of Justice grant? Programs serving the civil legal needs of immigrants are eligible for IOLA grants, regardless of immigration status or whether detained. Programs are ineligible for IOLA funding if they provide legal assistance with respect to any criminal proceeding or any action in the nature of habeas corpus collaterally attacking a criminal conviction. Administration of Justice grants are awarded to programs providing direct civil legal services to groups of clients currently underserved by legal services, including immigrant communities. An applicant serving a specific, immigrant community would likely fit best within this category. 5 Question 11: Answer: Question 12: Could IOLA funds be used to hire a pro bono coordinating attorney to expand a small legal department’s ability to serve its community? Programs coordinating pro bono efforts to meet the civil legal needs of their communities are eligible for IOLA grants, regardless of the size of the programs’ legal departments. Administration of Justice grants have been awarded to such programs. Are the following kinds of programs eligible for a Civil Legal Services grant or an Administration of Justice grant? a. A program that provides treatment and community resources as an alternative to incarceration for low income criminal offenders with serious mental illnesses? b. A program that provides civil legal information, pro se assistance and community legal education, but not legal representation to individual clients? c. A program that provides volunteer advocates to children in foster care to ensure that children removed from their homes due to abuse or neglect are returned to rehabilitated, safe, loving parents, freed for adoption or are prepared to leave foster care and live on their own. The volunteers may or may not be attorneys, but may attend court proceedings and contact government agencies. Answer: Civil Legal Service grants are awarded to programs that provide direct civil legal services. A program that does not provide legal representation to individual clients likely would not be eligible for a Civil Legal Service grant. Programs that do not provide direct civil legal services may be eligible for Administration of Justice grants where 6 they fall under one of the following Administration of Justice categories: (a) enhance civil legal services to low income persons through innovative and cost-effective means; * * * (c) provide legal, management or operational training, or legal, management, support service, or technical assistance, or direct legal assistance, informational advocacy or litigation support to qualified legal services providers; or (d) otherwise promote the improvement of the administration of justice. A program that provides civil legal information, pro se legal assistance and community legal education would likely be eligible for an Administration of Justice grant. A program that provides alternatives to incarceration would likely not be eligible for an Administration of Justice grant. A program that provides volunteer advocates to children in foster care may be eligible for an Administration of Justice grant, depending on the program’s involvement in providing legal information and advocacy. Eligibility does not guarantee funding. IOLA funds available for distribution may not be sufficient to make distributions to all qualified recipients and IOLA Fund’s Board of Trustees considers a number of factors in setting its funding priorities among qualified applicants. 7 Question 13: Answer: At page 3 of the Application Instructions and Forms, it states that applicants must be “tax exempt under section 501(a). Is this typo? Do you mean 501(c)? This is not a typo; in Section 7000.12, the IOLA regulations provide: Qualified recipients. (a) Qualified recipients shall be not-for-profit entities, tax-exempt under section 501(a) of the Internal Revenue Code,… Section 501(a) of the Internal Revenue Code provides: 501(a) Exemption from tax on corporations, certain trusts, etc. (a) Exemption from taxation An organization described in subsection (c) or (d) or section 401 (a) shall be exempt from taxation under this subtitle unless such exemption is denied under section 502 or 503. Question 14: Answer: Will a program that is operated by two related entities (that file a unified tax return) be considered a “grantee in good standing” where the applicant utilized one corporate name in its current grant contract (cycle ending 3/31/15), but intends to use the other corporate name in the 201517 IOLA grant application? In determining whether an applicant should be considered a “grantee in good standing,” the IOLA Fund will focus on the identity of the program and services, emphasizing function over form. Whatever corporate entity applies, however, must be prequalified and would be the entity with which the IOLA Fund would enter into a grant contract. For this reason, the same corporate entity that applies must hold the 8 required insurance policies, register with NYS Comptroller’s SFS, complete the NYS Comptroller’s Vendor Responsibility Questionnaire and register with the NYS Attorney General’s Charities Bureau. Question 15: Answer: On page 3 of the Application Instructions and Forms, it states that the “IOLA Fund will accept only one application from each organization, regardless of whether in the CLS or AOJ category and regardless of whether the applicant is in a joint venture with another applicant.” Does this rule apply to an entity acting as a fiscal sponsor for an unincorporated association? The prohibition on multiple applications from one organization does not apply to entities acting as fiscal sponsors. Grants Gateway will allow an organization to submit its own application and an application on behalf of another organization. Narrative Question 16: Answer: On page 12 of the Application Instructions and Forms, Section C.5. of the Narrative directs applicants to describe “dollar benefits obtained and avoided.” Please explain. In Section C.5. of the Narrative, applicants should provide a summary of their significant achievements in the prior fiscal year. “Dollar benefits obtained and avoided” refers to the financial benefits achieved for clients that IOLA grantees report on the annual Grantee Activity Report at Part II, Section E (which can be found at www.iola.org/grantees). “Dollar benefits obtained” refers to affirmative dollar awards to clients (e.g., SSI, TANF, unemployment compensation). “Dollar savings” refers to savings achieved for clients through judgments or payments avoided (e.g., bankruptcy, garnishments, 9 foreclosure, back rent, medical debt). Question 17: Answer: If an applicant has not tracked “dollar benefits obtained and avoided,” how should it answer Section C.5. of the Narrative? In Section C.5. of the Narrative, applicants should provide a summary of their significant achievements in the prior fiscal year. This may include clients served, cases closed, or any other metric appropriate to the program. Budget Question 18: Answer: At pages 12-13 of the Application Instructions and Forms, it states that applicants should assume a 24 month budget. This appears to contradict the Pre-submission Documents that ask for “Year 1 Only.” The IOLA Fund will award funds for a two year period (4/1/15 to 3/31/17). The cover sheet should indicate the total amount requested for the full two year term of the contract. All other Pre-Submission Documents, including the budget forms, are available on the IOLA website and should be uploaded to the Grants Gateway as part of an applicant’s application. These ask for detailed expense and revenue information but include only information for the first year of the grant, April 1, 2015 through March 31, 2016. The Grants Gateway fields for “Expenditure Budget” (including “Expenditure Summary,” “Personal Services” and “Non Personal Services” and including “Detail,” “Narrative,” and sub-parts such as “Fringe,” “Travel” and “Space/Property and Utilities”) should reflect your total request for the two year period. 10 Question 19: At pages 12-13 of the Application Instructions and Forms, it states that applicants should complete the Grants Gateway budget summary template “showing only those anticipated costs related to the provision of CLS or AOJ services consistent with your Program Narrative and supported by an IOLA grant.” If an applicant seeks IOLA funding for Personal Services only, should the Grants Gateway budget forms only reflect Personal Services expenses? If an applicant seeks IOLA funding for only the portion of a staff member’s salary relating to the IOLA-funded project, should the Grants Gateway budget forms reflect the staff member’s full salary or only that part relating to the IOLA-funded project? Answer: An applicant should indicate in the Grants Gateway Budget Summary, Salary Detail and Non-Personal Service Detail only those expenses that would be charged to its 2015-17 IOLA Grant. In the case of an applicant seeking an IOLA Grant to support only its Personal Services expenses, the applicant should list only those anticipated Personal Services expenses in the Grants Gateway Budget Summary and Salary Detail. In the case of an applicant seeking an IOLA Grant to support only the portion of staff salary expenses relating to its IOLA-funded project, the applicant should list in the Grants Gateway only those salary expenses relating to its IOLA-funded project. In the Pre-Submission Documents (available on the IOLA website and to be uploaded to the Grants Gateway as part of an applicant’s application), the applicant should indicate all personal services and non-personal services expenses for their entire organization (organizations with 11 multiple missions, e.g., civil legal services plus criminal legal services or shelter services, should include only those expenses properly attributable to the civil legal services program). Question 20: Answer: Question 21: Answer: The Personal Services Salary Detail section on Grants Gateway asks for the “Annualized Salary Per Position,” which the IOLA Application Instructions and Forms instructs should be the average salary for all staff in each position. Given that applicants should indicate in the Grants Gateway budget all those expenses that would be charged to its two year IOLA Grant, should the “annualized” salary detail correspond to one year or two years? Applicants should follow these instructions, as they move through the Grants Gateway forms and fields: “Expenditure Summary” – enter the two year budget total “Personal Services-Salary Detail” fields – enter the annualized (12 month) salary per position (which positions should be labeled as Legal Staff and Other Staff) “# Months Funded” – enter “24” months “Total Grant Funds” – enter the two year total amount of the application In Grants Gateway budget forms, there is a field for “Other Funds.” Should applicants fill this in with expected revenues from non-IOLA sources? Applicants should leave blank the Grants Gateway budget fields for “Hours,” “Effort Funded,” “Months Funded,” “Match Funds” and “Other Funds.” One of the IOLA budget forms (available on the IOLA website and to be completed and uploaded as required Pre-Submission Documents), requires applicants to 12 provide detailed revenue information. Note: The IOLA budget forms ask only for information regarding the first year of the grant, April 1, 2015 through March 31, 2016. Question 22: Answer: Question 23: Answer: Should a program classify an attorney staff member who is retired a “Legal Staff” or “Other Staff?” All attorneys, regardless of retirement status, should be included in the “Legal Staff” salary category. May applicants request funding for administrative expenses (staff and non-staff expenses)? If so, how? Can federally approved indirect cost rates be applied? Applicants may seek funding for administrative expenses. Administrative staff should be requested in the “Other Staff” category and non-staff expenses should be requested in the Non Personal Services category, allocating any expenses in the appropriate sub-categories for Equipment, Contractual Services and Travel, Space/Property, Utilities with the balance of any administrative expenses in the Operating sub-category. Federally approved indirect cost rates should be indicated in the Non Personal Services category under the “Other” sub- category. Question 24: Answer: Are expenditures of IOLA funds by IOLA grantees subject to the New York State Minority and Women-Owned Business Enterprise requirements? The terms of the Master Contract (available here: http://www.grantsreform.ny.gov/information-stateagencies) will govern IOLA Fund grant. Applicants with questions regarding the New York State MWBE rules should review the Master Contract. 13 Goals Question 25: Answer: Should the Work Plan Detail reflect goals for the entire two year time period of the grant? Yes, an applicant should indicate in the Grants Gateway Work Plan Detail its goals for the entire 2015-17 time period of the IOLA Grant. These goals should include all activities of an applicant’s entire civil legal services program, not just the portion to be supported by IOLA funding. This is intended to be consistent with the quarterly Progress Reports and the annual Grantee Activity Reports (GAR) that IOLA Grantees are required to submit. Attachments Question 26: Answer: How should applicants handle signatures on the Application Cover Sheet? Is a letter of intent permitted or required? Is a letter of intent different from the Application Cover Sheet? Applicants should complete the Application Cover Sheet; the IOLA Fund does not require or use a letter of intent. The Application Cover Sheet should be signed by the Program Director (e.g., Executive Director) and the Chair of the Board of Directors and then uploaded to the Grants Gateway as a Pre-Submission Document. Where authorized to be signatories on behalf of the organization (through bylaws, resolution or otherwise), the IOLA Fund will accept applications signed by Board officers or members other than the Chair of the Board. 14 Question 27: Answer: Question 28: Answer: Question 29: Answer: How should applicants handle the Master Contract? Should applicants complete any portions of the Master Contract and, if so, can instructions be provided? The terms of the Master Contract (available here: http://www.grantsreform.ny.gov/information-stateagencies) will govern IOLA Fund grant and, therefore, applicants may want to review it in advance. Applicants should not take any action with regard to the Master Contract. In the event a grant is awarded and in an amount less than the requested amount, an applicant will have an opportunity to revise its budget and program goals, which will be integrated into the Attachments to the Master Contract. How should an applicant respond to the request to upload client eligibility guidelines and client grievance policies where the applicant is not a direct service provider and does not maintain such documents? Client eligibility guidelines and client grievance policies are supporting, not required, documents. Applicants lacking such documents may still be considered for funding. How should an applicant respond to the request to upload documentation of professional liability insurance where the applicant does not have professional liability insurance because it does not provide direct legal services? “Professional liability insurance” includes legal malpractice insurance, which for most providers is the appropriate coverage. If a provider does not maintain legal malpractice insurance, it should submit documentation of insurance that covers its professional activities. 15 Question 30: Answer: Is there a template or preferred format for submitting the roster of an applicant’s Board of Directors? No, there is no template or preferred format for the Board of Directors roster. Formatting Question 31: Answer: Question 32: Answer: Question 33: Answer: In one of the required questions with a drop down menu, there is no option for “CLS-Statewide.” How should an applicant that has received CLS funding from IOLA for statewide services complete this question? Applicants for CLS funding should select the unit that corresponds to the location of their main office. Can an application include footnotes or endnotes and, if so, are they counted toward the page limits? Footnotes and endnotes are permitted, but count toward the page limits. Please provide an example of a formatting error that might result in a point deduction. Points may be deducted on applications that, inter alia, violate the page limit, font or margin rules, include extraneous materials, or fail to include the designated sub-headings. 16 Miscellaneous Question 34: Answer: How much funding does IOLA allocate for CLS and AOJ grants? For the 2015-16 fiscal year, the IOLA Fund anticipates disbursing approximately $8 million in interest generated from attorney IOLA accounts. In addition, the Chief Judge’s Task Force to Expand Civil Legal Services in New York recommended, and the proposed Judiciary budget for 2015-16 includes, an additional $15 million for the IOLA Fund. The possible addition of $15 million is subject to the New York State budget process. For budgeting purposes, the IOLA Fund will assume level funding 2016-17, for an anticipated two-year total of $46 million in grant awards. New York State Finance Law 97-v requires the IOLA Fund’s Board of Trustees to allocate no less than 75% of the total grant funds available to qualified civil legal services providers and no more than 25% of the total grant funds available to programs that improve the administration of justice. The Trustees have not made the allocations for the upcoming IOLA Grant Cycle. Question 35: Answer: How many grants will be awarded? The IOLA Fund’s Board of Trustees has not set a total number of grants that it will award for the upcoming IOLA Grant Cycle. 17
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