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HomeMy WebLinkAboutResolutions - 2010.04.22 - 10010April 22, 2010 MISCELLANEOUS RESOLUTION # 10074 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: PROSECUTING ATTORNEY, CIRCUIT COURT - FAMILY DIVISION, AND CHILDREN'S VILLAGE — PROGRAM YEAR 2010 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Human Services has awarded grant funding to the Prosecuting Attorney, Circuit Court - Fern ily Division, and Children's Village under the Juvenile Accountability Block Grant (JABG) for the program year of April 1, 2010 through March 31, 2011; and WHEREAS this is the twelfth (12th) year of grant acceptance for this program; and WHEREAS the MI Department of Human Services has awarded Oakland County a grant totaling $132,700 of which $119,430 is from the State as a Federal pass-through, and the balance of $13,270 is the County's match amount; and WHEREAS the required 10% County match is included in the Fiscal Year 2010, Fiscal Year 2011, and FY 2012 Non-departmental Adopted Budget; and WHEREAS the multi-departmental grant award provides project funding focusing on three areas of opportunity to increase accountability for juvenile criminal offenses and increase accountability in the juvenile system within the larger existing juvenile justice needs continuum; and WHEREAS the grant program consists of three projects: 1) Children's Village Re-Entry Program, 2) Circuit Court Juvenile Drug Court Art Through Photography, and 3) Prosecuting Attorney Accountability— Teen Court. WHEREAS the grant award continues funding for one (1) SR Probation Officer I position (4010201-09330); also this award provides funding for contractual consultant services; and WHEREAS due to the late receipt of the agreement from the State (March 15, 2010) and the short timeframe given for signature and submission (March 23, 2010) prior to the start of the agreement (April 1, 2010), it was necessary to expedite the acceptance process; and WHEREAS the Agreement has completed the County Executive's Contract Review Process and has been sent to the BOC Chair for signature according to the Board of Commissioner's Grant Procedures, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the MI Department of Human Services in the amount of $132,700 including County matching funds of $13.270 for the program year period of April 1, 2010 through March 31, 2011. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, and continuation of the special revenue position is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes within fifteen percent (15%) of the original award, which is consistent with the original agreement as approved. Chairperson, on behalf of the Public Services Committee. I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE k Public Services Committee Vote: Motion carried unanimously on a roll call vote GRANT REVIEW SIGN OFF — Multi-Departmental: Prosecuting Attorney, Circuit Court, Children's Village — GRANT NAME: PY 7010 Juvenile Accountability Block Grant (JABG) FUNDING AGENCY: Michigan Department of Human Services DEPARTMENT CONTACT PERSON: Gaia Piir, Fiscal Services, 248 858-1037 STATUS: Grant Ageemeat DATE: March 19, 2010 Pursuant to Misc. Resoluton #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 entail containing grant review comments) naay 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 (311612010) Department of Human R.esourees: Approved. — Cathy Shallal (3/16/2010) Risk Management and Safety: Approved by Risk Management. — Julie Secontine (3116/2010) Corporation Counsel: After reviewing this grant contract, there appear to be no unresolved legal issues that require additional action at this time. — Karen P. Agacinski (3/18/2010) CiUMTLIANCE The grant agreement references a number of specific federal and slate regulations. Below is a list of these specifically cited compliance related documents for th.i grant. Federal Office of Management and Budget (OMB) Circular No. A-87, A-102, and A-133 hup://www.vitilehouse.govlombieircuiarslindex.html Michigan State Coustitudori of 1963 (Excerpt), Article X1 §5 fittp7./iwww.slarure.izi.eo0(Sfmve ,04-ws-4)255so1xtip55))/trilu.aspx?rac.TgetObiccix_:(.13iectNanic=mc-1- Artiele.-XI-9 Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976' http://wwwie4atmt , tn.:.20vi(uq3 igeliTorj5z55z2uivvv45)/rrtileg.aFpx7pave ,--2etobject.ohiccmame—m4.:1-Ao.- 453-of.-1976&queryid-=1-171540 Michigan Persons with Disabilitiet Civil Rights Act—"Act 220 of 1976" x.,zeitrnr-5z55z2uiwv4.5 knife ,..as x`hiaoc--rcretob' ectSco h .roismnio-mcl-Act - 220-of-1 9 76&ou=vid--1 471 8589 Cash In-Kind S Other Source of Match 13270.00 General Furd Transfer REQUEST FOR NEW GRANT PROJECT pi__P cc nu-n-icv IAFIAMPN YnhiR RFROI IITION HAS PASSFD THE FINANCE COMMITTEE SO THE !'RANT CAN RF SET UP N THE FINANCIAL SYSTEM cfredenck Requestor Name Gala Pi,- Requester Phone Number 61037 Salary Certifications Required"? yes or no yes PROJECT # GR00C0030xxx Budget Ref: 2010 PROJECT NAME 20 0-11 JLiven.ie Acct Gt Misc ResoluDon # MR (Ade more depis ir necessary) Number Name Department #1 301401 CI:: Court P.rroose Area 8 Fund 27365 Juveme Acct Incentive Ble“ '„500.90 Program 12'240 WA/ SuPeort Se 'vices Department #2 4010201 ProsecJtor's Office PurpOSe Area 11 Fund 27365 Juveni.e Acct incentive Bloc ,. 49.273.00 Program 122060 Juvenile Justice 3,977.00 20,991.00 Department #3 1060501 Ch .drer's Viloge Purpose Area 17 Fund 27305 Juvenile Acct Incentive Bloc 56,959.00 Program 11n90 CV Administrator Project Manager Gair Piir Phone Number 81037 .412010 3:3V2011 19.43000 Start Date End Date Grantor Amount Match Amount (if any) Project Type (Pick one) I— Federal Direct 17 Federal Pass Thru Grantor Agency Grantor Agency CFDA # Dept of J...stice 10.523 Pass thru Agency Michigan Dept of Community Health 3 State Grantor Agency • Other(PrIvate/Courity) Grantor Proiect Description The • m n• I uronts focusing Wee -o•ect wea,T. of o oortunit to increase accourtaiiify for nvenife criminal offenses and increase 'ar-cr-DLInt5'3111tV 'Al Vie 1.,Ivervvz ostice system wltin the tarp!' existing -uvenile iustice needs cont:nuum. The nreiects irclude: 1) Children's7Rage Re-Entry Program. 2) eircdt Court Juvenile Drua Court Art Tnrcugh Pictoira oh, and 3) Prosecuting Attorney AccoJniability— Teen Court. Activities (Do you need activities other than EXP?) I7 Expenditures EXP rre Administration A Other (List Name and short name) 1 2 a _ Budget Analyst Name Bob Riegel P-entiss Mo.one Lnea Pearson Budget Analyst Phone No. 80858 8'586 Anyone other than Project Manager and Budget Analysts that should receive copies of FSRs. Jody Overall Pat Lahar John Cooperri der Tina Sobocinski Paul Walton :Julie McMurtry Debbie Sims Tern Meiers e-mail as attachment to: frederIckc@oakgev,com 3-11 JAiBG..xls 3f22.2010 Michigan Department of Human Services — Division of Contracts and Rate Setting Juvenile Accountability Block Grant Contract (CM-Fl 58) — Actual Cost Cover Sheet Grantee Name: Contract #: Oakland County 1JAIBG-10-63001 Amount: $119.430.00 CS-138#: Commodity Code: Mail Code: Non-Jurisdictional 94662 , E00 Contrae.t Administrator: Phone #. Diana Peck 517-335-3539 SS# or Fed: I.D. # Award Status: 38-6004876 11] Bid All Sole Source Fair Market Rate Begin day and month of Grantee's fiscal year October day of month 1 mon(ri of year Audit Status: Vencor in No Federal Funds Faith Based: la Sua-reeiplent :f checked. record CF DA numbers( s) below 16.523 0 Yes ill No Countties): Oakland Org. Type: / Private. Non-prot ri Private. Proprietary VII Public JD University Payment Type: ei Actual Cost 0 Unit Rate Fair Market Rate . Grantee is a state employee: Grantee is a retired state employee: Yes r No Ej Yes El No . Index Code. PCA: AOC: 65250 47753 6320 CM-F158 (Rev. 1-10) Previous edition obsolc;e: MS Wore SJOI"210 Contract No: JAIBG-10-63001 County; Oakland Contract Amount: $119,430.00 Method of Payment: Actual Cost AGREEMENT between Michigan Department of Human Services (hereinafter referred to as 'DHS") & 235 South Grand Avenue P.O. Box 30037 Lansing, Michigan 48909 Oakland County (hereinafter referred to as "Grantee") Fiscal Services Div., Bldg. 41 W 2100 Pontiac Lake Rd. Waterford, MI 48328-0403 This Agreement is effective from April 1, 2010, through March 31, 2011. I. GRANTEE RESPONSIBILITIES A. Geographic Area The Grantee shall provide services described herein in the follow geographic area: Oakland County B. Location of Facilities The Grantee shall provide services described herein at the following location(s): 45B Oak Park District Court 13600 Oak Park Blvd, Oak Park, MI 48237 52/1 Novi District Court 48150 Grand River Ave, Novi, MI 48374 51st Waterford District Court 5100 Civic Center Dr, Waterford, MI 48329 48th Bloomfield Hills District Court 4280 Telegraph Rd Bloomfield Hills, MI 48302 52/3 Rochester District Court 700 Barclay Circle Rochester Hills MI 48307 52/2 Clarkston District Court CM-Fl (Rev. 1-10) Prey oils edition obsolete MS Word SJ031210 5850 Lorac Dr., Suite 1 Clarkston MI 48347 45-A Berkley District Court 3338 Coolidge Highway Berkley, MI 48072 Anderson Middle School 3205 Catalpa Berkley, MI 48072 Clarkston High School 6093 Flemmiigs Lake Road Clarkston, Ml 48346 Lakeland High School 1630 Bogie Lake Rd, White Lake MI 48383 Lake Orion High School 495 E. Scripps Road Lake Orion MI 48360 Norup Middle School 14450 Manhattan Oak Park, MI 48237 Novi High School 24062 Taft Rd Novi MI 48375 Novi Middle School 49000 11 Mile Road Novi MI 48374 Rochester High School 180 S. Livemois Rd Rochester Hills, MI 48307 South Lyon High School 1000 N. Lafayette South Lyon, MI 48178 Waterford Kettering 2800 Kettering Drive Waterford MI 48329 Waterford Mott 1151 Scott Lake Road, Waterford MI 48328 West Bloomfield High School 4925 Orchard Lake Road West Bloomfield MI 48323 Berkley High School 2325 Catalpa Berkley, MI 48072 -2- CM-F158 (Rev_ 1.1O previous edition obso!ete. MS Word SJD31210 Walled Lake Central High School 1600 Oakley Park Rd Commerce Twp, MI 48390-5509 Oakland County Children's Village 1200 N Telegraph, Pontiac, Mi 48341 Oakland County Circuit Court 1200 N Telegraph, Pontiac, Mi 48341 Oakland County Prosecuting Attorney 1200 N Telegraph, Pontiac, Mi 48341 C. Client Eligibility Criteria 1. Oakland County youth, ages 9-17, who are in the juvenile justice system as a result of a court order, petition into the court for delinquent behavior, or referred by a Youth Assistance caseworker or law enforcement. 2. Determination of Eligibility The Grantee shall determine eligibility. D. Credentials The Teen Court Probation Officer must possess a Bachelor's Degree from an accredited college or university with a major in Sociology, Social Work, Psychology, Criminal Justice, or related field. The Grantee shall assure that appropriately credentialed or trained staff shall perform functions under this Agreement. E. Substance Abuse Testing Policy The Grantee shall maintain and enforce the substance abuse testing policy as submitted by the Grantee in application for this Grant and as approved by OHS. F. Local Juvenile Crime Enforcement Coalition The Grantee shall establish or maintain and convene an advisory board a minimum of twice annually to recommend a coordinates enforcement plan outlining how the Juvenile Advisory Board Group funds will be used. The coalition shall include representation from, if appropriate (1) The state or local police department; (2) the local sheriffs department; (3) the state or local prosecutor's office; (4) the state or local juvenile justice court; (5) the state or local probation office; (6) the state or local educational agency; (7) the state or local social -3- CM-F158 (Rev. 1-10) Previous edition ousolete MS Word SJ03" 210 services agency; (8) a nonprofit, nongovernmental victim advocacy organization: and (9) a nonprofit. religious or community group. G. Services to be Delivered Service #1 of 3 Re-Entry Program Activities the Grantee shall perform: The Grantee shall: a. Establish a Re-entry Program to ensure delivery of prescribed services and supervision of youth in the Children's Village Residential Detention Center is continued as youth are transitioned back into the community, b. Begin reintegration planning when eligible youth is placed in the Children's Village Detention Center. Planning shall indude the following components: • Life skills training • One on one case management • Physical and mental health services • Employment assistance • Academic assistance • Social services • Housing assistance • Recreation c. Provide electronic tether monitoring service to youth mandated to use the service by the court. d. Refer youth to community resources that are aligned with the services the youth received while receiving treatment in the Children's Village Treatment Program to ensure continuity of treatment. These service may include but are not limited to the following: • Substance abuse treatment • Mental health services • Vocational training • Education a Submit monthly, quarterly and annual Re-entry reports to Children's village. -4- CM-F158 (Rev. 1- 0) Previous edition obso!ete. MS Word Sal:3121.; 2. Volume of Service Clients — The estimated number of unduplicated eligible clients to be served during the period of this Agreement shall be: 50 3. Unit Definition(s): One unit equals One (1) hour of re-integrative services provided by the Grantee performing the services as described above 4. Units: The estimated number of units of service to be provided per term of Agreement shall be: 2000 Service # 2 of 3 Art Therapy through Photography Activities the Grantee shall perform: The Grantee shall: a. Provide an Art therapy through Photography Program as an alternative to group therapy treatment for youth ordered to complete drug court. b. Provide a Photographer and Substance Abuse Therapist to manage and instruct the Art Therapy through Photography program for eligible youth. The photographer and therapist shall: 1) Arrange and schedule an art exhibition at the end of the program to display the photography projects completed by the program participants. 2) Obtain youth's agreement to participate in the Art Therapy Program and Art Exhibition. Obtain written consent from each youth's parent/guardian to allow him/her to participate in the Art Therapy Program and Art exhibition. 3) In the month of June conduct three (3) art therapy workshops not more than one per week. Each session shall last one and a half (1.5) hours in duration. A maximum of fifteen youth shall partidpate in each session. 2. Volume of Service Clients — The estimated number of unduplicated eligible clients to be served during the period of this Agreement shall be: 15 -5- CM-15O (Roy. 1-10) Pievious edit:on obsolete. MS \Nord SJC31210 3. Unit Definition(s): One ura equals One (1) Art therapy workshop provide by the Grantee 4, Units: The estimated number of units of service to be provided per term of Agreement shall be: 3 Service #3 of 3 Teen Court Activities the Grantee shall perform: The Grantee shall: a. Accept referrals from local law enforcement agencies and the Oakland County Prosecuting Attorney's Office of youth who have committed low level misdemeanor crimes. These referrals shall be screened for Teen Court program eligibility. b. Provide a probation officer to oversee the Teen Court Program. The Probation Officer's duties shall include, but are not limited to, the following: 1) Provide student jury volunteer training sessions twice (2) per year. Each training session shall last two (2) hours in duration. A total of thirty (30) sessions shall be provided to the fifteen (15) participating schools. Each session shall include the following training components: • Introduction to Teen Court Program • How a Diversion Program works. • Background of the Teen Court Program • Goals • Types of Cases Eligible for the Teen Court Program • Student Volunteer • Introduction to Courtroom Etiquette • Dress Code • Introduction to judge, bailiff/clerk, juror, foreperson, prosecuting and defense attorney roles • Sentencing guidelines and options 2) Determine if referred youth are eligible to participate in Teen Court. Determination shall include the following activities: • Read and review case facts - -6- CM-F58 (Rev. 1-10) P7evioub edition onsoiete. MS Word SJ031210 • Call Juvenile Intake to determine whether there was any previous diversion or other current actions pending. • Call Youth Assistance to determine whether there was any previous contact with family (may or may not involve juvenile Teen Court candidate). • Call officer-in-charge/assistant prosecutor to obtain additional information regarding the youth When a determination is made that a referred youth is eligible to participate in the Teen Court program the following actions shall be taken: • Assign a case number. • Document acceptance in the Access database to track case. • Create a physical case file. • Prepare a letter of acceptance and send to the parent(s) of the youth. • Schedule and conduct meeting with parent(s) to communicate the teen court process and the expectations of juvenile candidates When a determination is made that the referred youth is not eligible to participate in the Teen Court program the following actions shall be taken: • Notify the referral source through a memorandum/letter • Document the determination in the youth's case file 3) Schedule a date and time for the Teen Court trial to occur. Prior to the Teen Court Trial the following activities must occur: • Contact volunteer student attorneys and jurors by letter • Prepare individualized Teen Court protocol which includes: script, case summary, jury instruction, and sentencing standards which may include options such as restitution and community service • Distribute protocol to respective Teen Court participants. • Confirm availability of judge for scheduled Teen Court date. • Prepare and distribute an individualized session plan and case summary for volunteer student attorneys, bailiff, juror, and mentor roles. -7- CM-F1513 (ev. Prev.ous edition obsolete. MS Word SJ0.31210 • Coordinate schedule with paralegal. 4) Perform the following activities on the day of the scheduled Teen Trial: • Ensure that the Paralegal is available to provide assistance as needed on the day of the trial • Check-in Teen Court participants. • Conduct individual pre-trial hearings with the student participants to confirm knowledge of their responsibilities and the case summary: • After trial results and sentencing meet with student defendant to explain conditions of sentence and compliance requirements • Record results of trial in the Access database. 5) Perform post-sentence follow-up for each youth to include the following activities: • Distribute sentence compliance forms to appropriate agency/individual, i.e.: restitution, community service. etc. • Contact various agencies whose support is required in order for the student defendant to comply with conditions of the sentence. Arrange for youth to participate in the agencies services and or projects. This may include but is not limited to: MAUD, Oakland County Community Corrections (drug testing), and a driver's school. • Arrange for drug testing as applicable to each youth • Verify community service served by the youth • Schedule jury duty role in a future Teen Court for the youth. • Contact individuals and agencies that are included in youth's sentencing requirements to monitor youth's compliance with his/her sentence • Schedule and attend probation violation hearings for youth who have violated the terms of their probation 6) Close case files using the following guidelines: a. When a youth completes all components of their trial sentence : • Document completion in the youth's case file. -8- CM-F 158 (Rev, 1-10) Previous ediCor, Qbsolete. MS Wore SJ031210 • Prepare and send a letter of completion to the juvenile and officer- in- charge. • Record completion activities in the Access database. b. When a youth does not complete all components of their trial sentence : • Request a prosecutor order number to proceed with review for criminal action. • Prepare memorandum and deliver to assistant prosecuting attorney to prepare petition. • Contact the officer-in-charge and advise of youth's incompletion • Record action taken in the Access database, 7) Promote awareness of the program to aid referrals of defendants by collaborating with local law enforcement, school liaison officers, local sheriff departments, mass mailing and presentations to professional organizations. 40 hours will be spent performing this function. 8) Promote awareness of the program to aid referrals for student teen court volunteers by connecting with local schools induding, students, administrators, teachers, parents, law day presentations, private attorneys, mass mailings, program information on Oakland County Website, and presentation to professional organizations. 120 hours will be spent performing this function. Continue ongoing program evaluation by requesting an evaluation from all juvenile defendants and parents who utilized this program after each Teen Court session. The evaluation will be used to note participants feeling on the program and to report the impact that the program had on the participants sense of responsibility and decision making skills. Additionally, the evaluation will cover the juvenile's positive changes in behavior and awareness in realizing the negative consequences that their past behavior had on their community, parents and family. The report is used internally to determine sites for the following year's Teen Court sessions. The evaluation feedback allows the probation officer to identify schools and courts where the program is working most effectively and also assists in identifying ways to make the program more effective in other areas, 2. Volume of Service Clients — The estimated number of unduplicated eligible clients to be served during the period of this Agreement shall be: 105 -9- CM-F158 f.Rev 1- 0) Previous editton obsolete MS Word 5.1031210 Federal Program Title I CFDA # Juvenile Accountability Block 16.523 Grant FFP% 90% ; 3. Unit Definition(s): One unit equals one hour of Teen Court Services provided by the Grantee as described above. 4. Units: The estimated number of units of service to be provided per term of Agreement shall be: 2080 H. Evaluation Reporting Requirements The Grantee shall submit to 01-IS monthly reports that indicate the status and effectiveness of activities performed under this Agreement as indicated: 1. The Grantee shall comply with all program and fiscal review reporting procedures established by DHS. 2. The Grantee shall submit to DHS all JAIBG Expenditure, Performance Measurement, and Program reports that indicate the status and effectiveness of activities performed under this Agreement as indicated: a. Performance Measurement Reports must be submitted on a monthly basis prior to submitting the monthly financial report. b, Submit the Bi-annual Progress Reports no later than October 31, 2010 and May 31,2011. Reports shall be submitted using the Juvenile Justice Online Technology (JJOLT) system. This is a web-based system at https://jjolt.famcare.net/secureindex.htm F. Audit Requirements Subreciplent Relationship This Agreement constitutes a subrecipient relationship with DHS. The Grantee is required to comply with all federal regulations that related to the accounting and auditing of the federal award used to fund this Agreement. This includes, but is not limited to, compliance with OMB Circular A-133. Regulations applicable to funding sources are included in the Catalog of Federal Domestic Assistance (CFDA). The Federal Program Title, CFDA number, and federal financial participation (FFP) rate DHS plans to use for this agreement are: -10- CM-F 158 (Rev. 1-10) PrevioJ5 edition obsolete. MS Word SJ031210 However, OHS may change the CFDA number and/or FFP rate during the course of this agreement. CFDA numbers and FFP rates for this Agreement shall be posted quarterly on the DHS web site. The Grantee is required to check the web site to obtain up to date information regarding the CFDA numbers. The Grantee may consult the following website address to obtain CFDA numbers, payments, and other audit information: http://vvww.michigan.gov/dhs/0,1607,7-124-5455_7199_8380--,Op.html DHS agrees to participate in audit cost related to the audit as described in other sections of this contract. Reporting Requirements The Grantee must immediately report to the OHS Office of Monitoring and Internal Control accounting irregularities including noncompliance with provisions of this Agreement. If the Grantee is required per OMB Circular A-133 to have a Single Audit performed, the Grantee must submit the Reporting Package and an Audit Transmittal Letter to the DHS Office of Monitoring and Internal Control at the address that follows and in accordance with the time frame established in the Circular. Reporting Package includes: 1. Financial statements and schedule of expenditures of Federal awards 2. Summary schedule of prior audit findings 3. Auditor's report(s) 4. Corrective action plan, if applicable Audit Transmittal Letter The Grantee is responsible to identify in the Audit Transmittal Letter all organizations it operates that administer DHS subrecipient programs and the different names the Grantee may use to contract with DHS. The Grantee is responsible for proper completion and submission of the Audit Transmittal Letter. This letter, to be accurately processed by DHS, must include the following information: '1. Grantee's name as reported in the DHS contract(s) 2. Grantee's Federal Identification number(s) as reported in the DHS contract(s) -11- CM-158 (Rev. 1-10) Prevsous echton obsomte MS Word SJ031210 3. Grantee's fiscal year end 4. identify other name(s) and other Federal Identification number(s) used by the Grantee If a Single Audit is not required per OMB Circular A-133, the Grantee must still submit an Audit Transmittal Letter stating why a Single Audit was not required and the Grantee's fiscal year to which the letter pertains. The Audit Transmittal Letter should include items stated in the section, "Audit Transmittal Letter," described above. The letter may be mailed to the address below or faxed to (517) 373-8771. Mailing address for all information: Michigan Department of Human Services Office of Monitoring and Internal Control P.O. Box 30037 Lansing, MI 48909 Attention: William Addison, CPA If the Grantee is a subrecipient of OHS, but asserts it is not required to have a Single Audit performed, the Grantee shall submit an audit transmittal letter to the OHS Office of Monitoring and Internal Control stating the reason the Single Audit report. Audit Cost Cost of the Single Audit can only be charged to this Agreement if there is a provision within this Agreement that allows payment for the Single Audit cost. No audit cost may be charged to this agreement if the Grantee is not required by federal requirements to have a Single Audit. No audit costs may be charged to OHS when audits required by this Agreement have not been performed or have not been performed in accordance with OMB Circular A-133 requirements. Late submission (as defined in OMB Circular A-133) of the Single Audit report and/or Audit Transmittal Letter is considered non- compliance with this section and may be grounds to impose sanctions. Sanctions DHS may impose sanctions if the Grantee fails to adhere to any of the audit requirements in this Agreement, including the audit transmittal letter. In cases of continued inability or unwillingness on the part of the Grantee to comply with audit requirements, OHS may impose sanctions such as: -12- CM-F158 (Rev. 1- 0) !'reviotis edition .-)bsolete MS Word SJ031210 1. Withholding a percentage of a Federal awards until the audit is completed satisfactorily. 2. Withholding or disallowing overhead costs, 3. Suspending Federal awards until the audit is conducted. 4. Terminating the Federal award. 5. Recouping the federal payments made to the Grantee under this or any other agreements between the DHS and the Grantee. J. Client Records For each eligible client served under this Agreement, The Grantee shall maintain client case records consisting of: DHS provided forms which certify eligibility. - Date of contact with client. - Problem identification. - Method of service delivery. - Significant contacts with client and significant events. - Other material as may be specified by DI-IS, K. Service Documentation The Grantee aggress to maintain program records required by DHS, program statistical records required by DHS, and to produce program narrative and statistical data at times prescribed by, and on forms furnished by, DRS. L. Fiscal Requirements The Grantee shall comply with all accounting practices. The Grantee shall install and maintain an accounting system to identify and support ail expenditures billed to HS under this Agreement. The accounting system must record all income and expenses for the Grantee's total program of which services provided under this Agreement are a part. The accounting system, as a minimum, shall consist of a chart of accounts, cash receipts journal, cash disbursements journal, and general ledger. All expenditures and income must be support by vouchers and receipts that detail the reason for the transaction. The Grantee shall maintain, within the accounting system, salary and fringe benefits accounts that break out positions, hospitalization, retirement, workmen's -13- CM-F158 (Rev. 1-10) Previous edon otmlete. MS Word SJ031213 compensation and other fringe benefits. The Grantee shall establish and maintain payroll records for all employees. The Grantee, in establishing and allocating salary and wages for employees, shall support these charges by establishing an adequate appointment and workload distribution system, accompanied by monthly reviews showing the actual changes in the workload distribution of each employee (i.e., an exception reporting system). M. Billing Method As used in this Agreement, "Cost Documentation" refers to the JAIBG budget detail and summary sheets attached hereto. The Actual Cost Reimbursement Method shall be used in claiming reimbursement under this Agreement. The Cost Documentation is hereby made a part of this Agreement. The Grantee certifies that this budget has been prepared in accordance with the Budget Completion Instructions provided by DNS, This document details the amount and object of expenditures for which the Grantee shall use funds paid under this Agreement. The Grantee is authorized to expend funds only for those resources indicated in the budget that are allowable, properly allocated and reasonable as defined in the Budget Completion Instructions. Only costs actually incurred may be billed to DHS. The Grantee shall follow and adhere to the budget. However, expenditures up to a 10% increase or $3,000 whichever is greater above the direct cost line item budget categories are permissible provided the sum of all expenditures does not exceed the total amount of the Agreement. The Grantee shall not be reimbursed for any expenditures incurred in budget line items that do not indude dollar amounts. The Grantee must obtain prior written approval from DHS to increase any line item by more than 10% or $3,000, whichever is greater. The OHS representative authorized to approve budget revisions is the Director, Office of Contracts and Rate Setting. The Grantee's request for OHS' approval must contain sufficient information to allow DHS to identify which budget line items are to be increased and which fine items are to be decreased, staying within the originally approved budget total. The Grantee shall provide matching contributions in the proportion indicated in the attached budget for each dollar expended for the identified cost item. The contributions must be identified as match in each monthly DHS expenditure report submitted for payment For travel costs, including mileage, meals, and lodging, incurreo related to services provided under this Agreement, the Grantee may bill DRS the premium state rate, or Grantee's usual reimbursement rate for employees, whichever is less. State of Michigan travel rates may be found at the following website - -14- CM 58 (Rey. 1-10) p!evious edition obsolete. MS Word SJC312i° http://vvww.rnichigan.govidmb/0.1607,7-150-9141_13132---,00.html The Grantee can not charge DRS more for a provision of service than is charged to other entities for whom the Grantee provides services. NI, Billing Procedure The Grantee shall submit a monthly "Statement of Expenditures" (in JJOLT) to DHS. This Statement of Expenditures shall indicate actual expenditures incurred broken out by category of expense in the performance of this Agreement for the period being billed and the units of service delivered. This Statement shall be submitted to OHS within fifteen (15) days from the end of the monthly billing period. For the month of September, billings shall be submitted as reasonably directed by the contract administrator to meet fiscal year end closing deadlines. in no event shall the OHS make payment to the Grantee for billings submitted more than 90 days after the end of a billing period. ç1r1 (i irfe(ins fnr use of .ltivenile Accountability Block Grant Funds This Agreement is subject to the following terms, conditions, and provisions: The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (0JP) Financial Guide. A current copy of the financial Guide can be found at the following website: www.ojp.usdo.i.govifinancialguidei, As a condition of receipt of the JAIBG grant funds, the Grantee must match 10% of the total grant amount of this Agreement in cash except in instances when the grant funds are used for the new construction of a detention facility. Use of JAIBG grant funds for the construction of a new detention facility requires a 50% cash match of the grant total amount of this Agreement by the Grantee. P. Criminal Background Check As a condition of this Agreement, the Grantee certifies that the Grantee shall, prior to any individual performing work under this Agreement, conduct or cause to be conducted for each new employee, employee, subgrantee, subgrantee employee or volunteer who works directly with: a. clients under this Agreement, or who has access to client information, an Internet Criminal History Access Tool (ICHAT) check and a National and State Sex Offenders Registry check. Information about ICHAT can be found at http://apps.michigan ,govfichat -15- CIV-F'. 58 (Rev, 1-10) PrevOus editicn obsolete. MS Word 5j031210 The Michigan Public Sex Offender registry web address is http://www.mipsor.state.mi.us . The National Sex Offender Public Website address is http:www.nsopw.gov. b. children under this Agreement. a Central Registry (CR) check. Information about CR can be found at http:mi.govidhs/0,1607,7-124- 5452_7119_48339-180331--.00.html. The Grantee shall require each employee, subgrantee, subgrantee employee or volunteer who works directly with clients or who has access to client information under this Agreement to timely notify the Grantee in writing of criminal convictions (felony or misdemeanor) and/or pending felony charges or placement on the Central Registry as a perpetrator. Additionally, the Grantee shall require each new employee, employee. subgrantee, subgrantee employee or volunteer who works directly with clients under this Agreement or who has access to client information and who has not resided or lived in Michigan for each of the previous ten (10) years to sign a waiver attesting to the fact that they have never been convicted of a felony or identified as a perpetrator, or if they have, the nature and recency of the felony. The Grantee further certifies that the Grantee shall not submit claims for or assign to duties under this Agreement, any employee, subgrantee, subgrantee employee, or volunteer based on a determination by the Grantee that the results of a positive 'CHAT and/or a CR response or reported criminal felony conviction or perpetrator identification make the individual ineligible to provide the services. The Grantee must have a written policy describing the criteria on which its determinations shall be made and must document the basis for each determination. The Grantee may consider the recency and type of crime when making a determination. Failure to comply with this provision may be cause for immediate cancellation of this Agreement. In addition, the Grantee must further have a written policy regarding acceptable screening practices of new staff members and voluiteers who have direct access to clients and/or client's personal information, which serve to protect the organization and its clients that is clearly defined. The Grantee must also assure that any subgrantees have both of these written policies. If DHS determines that an individual provided services under this Agreement for any period prior to completion of the required checks as described above, DHS may require repayment of that individual's salary, fringe benefits, and all related -16- CM-F158 (Rev. 1-10) Previous editior onolete. MS Word SJ031210 costs of employment for the period that the required checks had not been completed. II. DHS RESPONSIBILITIES A. Payment DHS shall make payments to the Grantee within forty-five (45) days after receipt by DI-IS of the Grantee's "Statement of Expenditures' detailing program related budgeting expenditures as set forth in Cost Documentation attached to this Agreement. B. Maximum Amount of Aoreement DHS hereby agrees to pay the Grantee an amount not to exceed One thousand one hundred nineteen, four hundred thirty dollars and 001100 ($119,430.00) for services performed in accordance with the terms of this Agreement exclusively during the period April 1, 2010 to March 31, 2011. C. Evaluation Criteria The services provided by the Grantee under this Agreement shall be evaluated by OHS on the basis of the following criteria: 1. Youth who re-offend will decrease by one percent annually Ill. GENERAL PROVISIONS — PUBLIC A. Conclusion. Termination, and Cancellation Terms 1. DHS' Source of Funds-Termination DHS payment of Federal or State funds for purposes of this Agreement is subject to and conditional upon the availability of those funds for such purposes. No commitment is made by DI-IS to continue or expand activities covered by this Agreement. Funding for services to be provided beyond the end of the initial State fiscal year is dependent on legislative appropriation. OHS may terminate this Agreement immediately upon written notice to the Contractor at any time prior to the completion of this Agreement if, in the sole discretion of DHS, funding becomes unavailable for this service or such funds are restricted. 2. Cancellation of Agreement -17- CM-F15 (Rev. 1-10) hevious ec,tion obsdlete. MS Word SJO:31210 DHS may cancel this Agreement upon thirty days written notice if DNS determines that the Contractor, its agent, or its representative has offered or given a gratuity, kickback, money, gift, or anything of value to an officer, official, or employee of the State to obtain a contract or favorable treatment under a contract. By signing this Agreement, the Contractor hereby certifies that no funds have been given to any state officer, official, or state employee for influencing or attempting to influence such officer, official, or employee of the State. Except as indicated below, DHS may cancel this Agreement without further liability to DHS or its employees by giving the Contractor written notice of such cancellation thirty days prior to the date of cancellation, The Contractor may terminate this Agreement upon thirty days written notice to DHS at any time prior to the completion of the Agreement period. In case of default by the Contractor. OHS may immediately cancel this Agreement without further liability to DHS or its employees, and procure the services from other sources. In addition, DHS may immeciately cancel this Agreement without further liability to DHS or its employees if the Contractor, an officer of the Contractor, or an owner of a 25% or greater share of the Contractor is convicted of a criminal offense incident to the application for or performance of a State, public, or private contract or subcontract; or convicted of a criminal offense including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of DHS, reflects on the Contractor's business integrity. 3. Stop Work Orders DHS may, at any time, by written stop work order to the Contractor, require that the Contractor stop all, or any part, of the work called for by the Agreement for a period of up to ninety (90) calendar days after the stop work order is delivered to the Contractor, and for any further period to which the parities may agree. The stop work order shall be specifically identified as such and shall indicate that it is issued under this section of the Agreement. Upon receipt of the stop work order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the ircurrenc.e of costs allocable to the work covered by the stop work order during the period of work stoppage. -18- CM-F15B (Elev. 1-10) Previous edit or obsolete. MS Word SA:31210 If a stop work order issued under this section of the Agreement is canceled or the period of the stop work order or any extension thereof expires, the Contractor shall resume work. The parties shall agree upon an equitable adjustment in the services to be delivered, the Agreement price, or both, and the Agreement shall be modified, in writing, accordingly, if: (a) the stop work order results in an increase in the time required for, or in the Contractor's cost properly allocable to the performance of any part of this Agreement; and (b) the Contractor asserts its right to an equitable adjustment within thirty (30) calendar days after the end of the period of work stoppage, provided that, if DHS decides the facts justify the action, DHS may receive and act upon a Contractor billing submitted at any time before final payment under the Agreement. B. Closeout Responsibilities 1. Closeout When this Agreement is concluded or terminated, for any reason, the Contractor shall provide DHS, within thirty (30) days of conclusion or termination, with all financial, performance and other reports required as a condition of this Agreement. DHS shall within the limit of this Agreement reimburse the Contactor for allowable costs not previously reimbursed. The Contractor shall immediately refund to DHS any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. 2. Fixed Assets OHS reserves the right to obtain or transfer title to all fixed assets, real or personal, included in the approved budget of this Agreement, billed in full or :n part to OHS by the Contractor, and not fully utilized at the conclusion of the Agreement. Fixed asset costs billed to DHS shall be limited to straight- line determination or a use charge pre-approved by OHS and shall be used only for the performance of the Agreement unless another use is authorized in writing by DHS. At least sixty (60) days prior to the end date of this Agreement (which includes cancellation of the Agreement) the Contractor shall report to DHS the book value of all fixed assets and non-consumables purchased with DNS funds and not fully utilized by the end of the Agreement. The Contractor shall request written instructions regarding the disposal of these fixed assets and consumable andior non-consumable supplies that have been acquired with funds under this Agreement. Any gain on the sale or dispos'tion of fixed assets before completion of this Agreement must be immediately reported and refunded to OHS. -19- CM-F158 (Rev. 1-10) ;'revious edition obsolete MS Word S..103 2'10 No disposal, sale or transfer of fixed assets obtained under this Agreement in whole or part, may occur without the express written consent of DHS. 3. Continuing Responsibilities Termination, conclusion, or cancellation of this Agreement shall not be construed as terminating the ongoing responsibilities of the Contractor or rights of DI-IS contained in Section III, "Examination and Maintenance of Records" and Section III, "Closeout" of this Agreement. C. Compliance with Rules and Regulations 1. Compliance with Federal and State Requirements The Contractor shall comply with all Federal, State and local statutes, regulations and administrative rules, and any amendments thereto, as they may apply to the performance of this Agreement. This shah i include, but shall not be limited to, those laws and regulations that could have a material effect on the Federal program. In addition, the Contractor shall comply with all federal grant agreements, provisions stated within the Catalog of Federal Financial Assistance, and state and federal laws and other rules and regulations related to this funding source. The Contractor shall comply with all Federal Office of Management and Budget circulars, which apply to the federal funding provided under this Agreement which include but are not limited to: • A-133 for audit requirements • A-102 for administrative requirements • A-87 Cost Prinoioles for Government • Special Federal Grant Provisions The Contractor shall keep nformed of federal, state, and local laws, ordinances, rules, regulations, orders, and decrees of bodies or tribunals having any jurisdiction/authority that in any manner affects those engaged in or employed on the work done under this Agreement or that in any manner affects the conduct of the work done under this Agreement. 2. Civil Service Rules and Regulations The State of Michigan is obligated to comply with Article XI, Section 5, of the Mionigan Constitution and applicable civil service rules and regulations. Other provisions of this Agreement notwithstanding, the State personnel director is authorized to disapprove contractual disbursements for personal -20- CM-F158 (.ev. 1-10) Previous edition obsolete. MS Word SJ031210 services if the State personnel director determines that this Agreement violates Article XI, Section 5 of the Michigan Constitution or applicable civil service rules and regulations. 3. Cnmnliance with Clvii Rights,Other Laws The Contractor shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight or marital status pursuant to 1976 Public Act 453, Section 209. The Contractor shall also comply with the provisions of the Michigan Persons with Disabilities Civil Rights Act, 1976 Public Act 220, as amended (M.C.L. 37.1101 et. seq.) and Section 504 of the Federal Rehabilitation Act of 1973. P.L. 93-112, 87 Stat. 355, which states that no employee or client or otherwise qualified handicapped individual shall, solely by reason of this handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Further, the Contractor shall comply with the Americans with Disabilities Act of 1990 (ADA), P.L. 101-336, 104 Stat. 327, which prohibits discrimination against individuals with disabilities and provides enforcement standards. The Contractor shall comply with all other Federal, State or local laws, regulations and standards, and any amendments thereto, as they may apply to the performance of this Agreement. Freedom of Information Act All information in this Agreement is subject to the provisions of the Freedom of Information Act. 1976 Public Act 442, as amended, MCL 15.231, et seq. 5. Prohibition against Using Funds to SuoDort Religious Activities The Contractor shall not use financial funds administered by the State or Federal government to support inherently religious activities, such as worship, religious instruction, or proselytization. If the Contractor engages in such activities, it must offer them separately, in time or location, from the programs or services funded with State or Federal assistance, and participation must be voluntary for the beneficiaries of the State or Federally funded programs or services. The Contractor shall strictly adhere to provisions of federal law and regulation, including those found in 42 U.S.C. 604a. D. Eees_alicl Other Sources of Funding -21- CM-F-158 (Rev 1-10) Previous edition osolete: MS Word SJ031210 The Contractor guarantees that any claims made to DHS under this Agreement shall not be financed by any source other than DHS under the terms of this Agreement. If funding is received through any other source, the Contractor agrees to deduct from the amount billed to DI-IS the greater of either the fee amounts, or the actual costs of the services provided. The Contractor may not accept reimbursement from a client unless the Agreement specifically authorizes such reimbursement in the "Contractor Responsibility" section, in such case, a detailed fee scale and criteria for charging the fee must be included. If the Contractor accepts reimbursement from a client in accordance with the terms of the Agreement, the Contractor shall deduct these fees from billings to DHS. Other third party funding sources, e.g., insurance companies, may be billed for contracted client services. Third party reimbursement shall be considered payment in full unless the third party fund source requires a co-pay, in which case OHS may be billed for the amount of the co-pay. No supplemental baling is allowed. E. Confidentiality 1. The Contractor and the State of Michigan (hereinafter referred to as the State) each acknowledge that the other possesses and will continue to possess confidential information that has been developed or received by it. As used in this Section, "Confidential Information" of the Contractor must mean all non-public proprietary information of the Contractor (other than Confidential Information of the State as defined below) which is marked confidential, restricted, proprietary or with a similar designation. "Confidential Information" of the State must mean any information which is retained in confidence by the State (or otherwise required to be held in confidence by the State under applicable federal, state and local laws and regulations) or which, in the case of tangible materials provided to the Contractor by the State under its performance under this Agreement, is marked as confidential, proprietary or with a similar designation by the State. "Confidential Information" excludes any information (including this Agreement) that is publicly available under the Michigan Freedom Of Information Act. 2. The State and the Contractor will each use at least the same degree of care to prevent disclosing to third parties the Confidential Information of the other as it employs to avoid unauthorized disclosure, publication or dissemination of its own confidential information of like character, but in no event less than reasonable care. Neither the Contractor nor the State will (i) make any use of the Confidential Information of the other except as contemplated Py this -22- CM-F158 (Rev. 1-10) PrevJ.kis edition obsole:e. MS Word SJ031210 Agreement, (ii) acquire any right in or assert any lien against the Confidential Information of the other, or (iii) if requested to do so, refuse for any reason to promptly return the other party's Confidential Information to the other ply. Each party will limit disclosure of the other party's Confidential Information to employees and Subcontractors who must have access to fulfill the purposes of this Agreement. Disclosure to, and use by, a Subcontractor is permissible where (A) use of a Subcontractor is authorized under this Agreement, (B) the disclosure is necessary or otherwise naturally occurs in connection with work that is within the Subcontractor's scope of responsibility, and (C) the Contractor obligates the Subcontractor in a written Contract to maintain the State's Confidential Information in confidence. At the State's request, any employee of the Contractor and of any Subcontractor having access or continued access to the State's Confidential 14cm-ration may be required to execute an acknowledgement that the employee has been advised of the Contractor's and the Subcontractor's obligations under this Section and of the employee's obligation to the Contractor or Subcontractor, as the case may be, to protect the Confidential Information from unauthorized use or disclosure. Promptly upon termination or cancellation of this Agreement for any reason, the Contractor must certify to the State that the Contractor has destroyed all State Confidential Information. F. Examination and Maintenance of Records The Contractor shall permit OHS or any of its authorized agents access to the facilities being utilized at any reasonable time to observe the operation of the program. Further, the Contractor shall retain all books, records or other documents relevant to this Agreement for six years after final payment, at the Contractor's cost. Federal auditors and any persons duly authorized by OHS shall have full access to and the right to examine and audit any of said material during said period. If an audit is initiated prior to the expiration of the six-year period and extends past that period, all documents shall be maintained until the audit is completed. DHS shall provide findings and recommendations of audits to the Contractor. DHS shall adjust future payments or final payment if the findings of an audit indicate over payment to the Contractor in any period prior to the audit. if no payments are due and owing the Contractor, the Contractor shall refund all amounts which may be due DHS within sixty (60) days notice by DI-IS. The Contractor shall assure, as a condition of any sale or transfer of ownership of the Contractor agency, that the new purchasers or owner maintains the above- described books, records or other documents for any unexpired portion of the six- year period after final payment under this Agreement or the Contractor shall otherwise maintain said records as OHS may direct. If business operations cease, the Contractor shall maintain records as DI-IS may direct. The Contractor shall notify OHS when and if the Contractor operations cease during the six-year -23.- CM-El 53 (Rev. 1-10; PrevioJs edition obsolete. MS Word SJ031210 period after final payments and provide for appropriate storage of records at the Contractor's expense. The Contractor shall, as a provision of the Agreement between the Contractor and the auditor, assure that Dl-IS may make reasonable inquiries of the auditor relating to audit workpapers and, furthermore, that DHS may review the auditor's workpapers in support of the audit. G. Reporting and Monitoring 1. Reporting The Contractor shall comply with all program and fiscal reportng procedures as are or may hereinafter be established by OHS. The Contractor shall also comply with all reporting procedures established by OHS in completion of progress reports at time intervals, on forms, in formats, and by means specified by DHS. in particular, reports or billing documents denoting event dates shall record month, clay and year as specified by OHS. In all electronic filings, four digits shall be used to designate century. Any additional reports as deemed necessary by OHS shall be made and submitted by the Contractor upon request, 2. Monitoring Requirements OHS reserves the right to perform scheduled and unscheduled on-site visits during normal business hours, to monitor the Contractor's activities under this Agreement at any time, either during the term, or within three (3) years after termination of the Agreement The Contractor shall cooperate with OHS during the monitoring process by making available all records, facilities, and other resources necessary to perform the review. If OHS detects noncompliance with this Agreement, and/or questioned costs during the course of its review, these items shall be identified and conveyed to the Contractor in an exit conference. OHS shall provide the Contractor with a detailed written report of these findings within sixty (60) days of the exit conference. The Contractor is required to address each item in OHS' report by providing a Corrective Action Plan (CAP) to eliminate or correct each issue of noncompliance. The Contractor shall submit the Corrective action plan to OHS within sixty (60) days from issuance of DHS' report. If OHS identifies questioned costs that cannot be substantiated, DHS may. at its discretion, and after consultation with the Contractor, require the Contractor to submit a revised DHS-3469, "Statement of Expenditures" to reflect adjustment for disallowed costs. Submission of revised billings to -24- CM ,F158 (Rov. 1-10) Previous editor! obso;ele. MS Word SJ031210 OHS shail be made within a time schedule established by DHS and the Contractor. If the Contractor fails to comply with monitoring requirements as set forth in this Agreement, and within allotted time frames mutually established, OHS may, at its discretion, invoke sanctions on the Contractor, which may include, but are not limited to, actions to collect disallowed costs and/or cancellation of the Agreements. 3, Audit Reports that Contain a Going Concern Statement If an audit firm conducts an audit of the Contractor and issues an audit report with a finding of a Going Concern, the Contractor must submit this audit report to the DI-IS Office of Monitoring and Internal Control within 10 days from the date of the audit report. The submission of this audit report to OHS is required regardless of whether an audit is required under this Agreement. A Contractor receiving a Going Concern must submit a financial plan to the DHS Office of Monitoring and Internal Control no later than 25 days from the date of the audit report issued by the audit firm. The financial plan must be approved by DHS. Failure of the Contractor to either timely submit the audit report with the Going Concern, or timely submit a financial plan, or OHS' rejection of the Contractor's financial plan, are grounds for immediately terminating this Agreement. Mailing address for all audit information: Michigan Department of Human Services Office of Monitoring and Internal Control Grand Tower, Suite 1112 PO Box 30037 Lansing, MI 48909 H. Recoupment of Funding and Repayment of Debts. 1. Recoupment of Funding If the Contractor fails to comply with monitoring requirements as set forth in this Agreement, or fails to submit a revised DHS-3469, "Statement of Expenditures" within allotted time frames established by OHS in consultation with the Contractor, DNS may, at its discretion, recoup or require the Contractor to reimburse payments made under this Agreement which DHS has determined that the Contractor has been overpaid. The Contractor is liable for any cost incurred by OHS in the recoupment of any funding. -25- CM-F 15R (Rev. I-11)) Previous editior, obsolete MS Word SJC,31210 Upon notification by OHS that repayment is required, the Contractor shall make payment directly to OHS within 30 days or DHS may withhold current or future payments made under this or any other agreements, current or future, between DHS and the Contractor. If the Contractor fails to: (1) correct noncompliance activities identified by OHS, (2) submit revised billings as requested as part of a Corrective Action Plan when required; or (3) remit overpayments or make arrangements to have the overpayments deducted from future payments within 30 days, such failure shall constitute grounds to terminate immediately any or all of OHS agreements with the Contractor. OHS shall also report noncompliance of the Contractor to Michigan's Department of Management and Budget. Such report may result in the Contractor's debarment from further contracts with the State of Michigan. 2, Bechavment of Debts and Other Amounts due DHS By entering into this Agreement, the Contractor agrees to honor all prior repayment agreements established by DHS with the Contractor or Contractor's predecessors. If the Contractor has an outstanding debt due to OHS but does not have a repay agreement, the Contractor agrees to make monthly payments to DHS at an amount not less than 5% of any outstanding balance and to begin on the date this Agreement is executed. If the Contractor fails to honor prior repayment agreements, or the Contractor fails to begin repayment on an obligation due DI-IS that is not subject to a repayment agreement, OHS will initiate the administrative process to reduce payments to the Contractor under this Agreement to recoup the debt. The payment reduction will be made at the amount originally established in the repayment agreement or at an amount not less than 5% of any outstanding balance effective on the date this Agreement is executed. I. Publication - Approval and Copvrioht The State of Michigan shall have copyright, property and publication rights in all written or visual material or other work products developed in connection with this Agreement. The Contractor shall not publish or distribute any printed or visual material relating to the services provided under this Agreement without prior written permission of the State of Michigan. If the Contractor or an agent of the Contractor creates and/or reproduces under this Agreement materials which are developed for consumption by the general public or as a general information tool and which are funded in whole or in part -26- CM-F 158 ( Rev. 1-10) Previous edition cbsolom_ MS Worc; SJO:51210 with State of Michigan funds, the Contractor or its agent must include one of the statements referenced below, as they apply: • This program is funded by the State of Michigan or, • This program is funded in part by the State or Michigan News releases (including promotional literature and commercial advertisements) pertaining to this Agreement shall not be made without prior written DHS approval, and then only in accordance with the explicit written instructions from Dl-S. No results of the activities associated with the Agreement are to be released without prior written approval of OHS and then only to persons designated. J. Subcontracts The Contractor shall not assign this Agreement or subcontract this Agreement to other parties without obtaining prior written approval of the DHS Division of Contracts and Rate Setting. DHS, as a condition of granting such approval, shall require that such assignees or subcontractors shall be subject to all conditions and provisions of this Agreement including Criminal Record and Central Registry background checks when applicable. The Contractor shall be responsible for the performance of all assignees or subcontractors. If subcontracting, the Contractor must obligate the subcontractors to maintain the confidentiality of DHS' client information in conformance with State and Federal requirements. At OHS' request, any employee of the Contractor and of any subcontractor having access or continued access to DHS' confidential information may be required to execute an acknowledgment that the employee has been advised of the Contractors and the subcontractor's obligations under this section and of the employee's obligation to OHS, the Contractor or subcontractor, as the case may be, to protect such confidential information from unauthorized use or disclosure. K. Disputes The Contractor shall notify OHS in writing of intent to pursue a claim against DFIS for breach of any terms of this Agreement. No suit may be commenced by the Contractor for breach of this Agreement prior to the expiration of ninety (90) days from the date of such notification. Within this ninety (90) day period, the Contractor, at the request of DHS, must meet with the Director of OHS or designee for the purpose of attempting resolution of the dispute. L. Agreement Inclusiveness -27- cm-TIM (Rev. 1-10) P'eviws eoitior oloso'ete. MS Wurc. 5431210 This Agreement contains all the terms and conditions agreed upon by the pates. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. M, Reporting of Retiree Emplo_yment Ali other provisions of this Agreement notwithstanding, no reimbursement may be claimed under this Agreement for salary or subcontracting expense for any employee who retired from the State of Michigan using the early retirement program authorized by 2002 Public Act 93. The Contractor shall provide written notification within fifteen (15) days of hiring to OHS Division of Contracts and Rate Setting (OCRS) the name, social security number, and work site of any employee who retired from the State of Michigan using the early retirement program authorized by 2002 Public Act 93. Failure to notify the OCRS within the allotted time period may result in the disallowance of all costs related to this Agreement up to the time the proper notification is received by OCRS. N. Certifications Regarding Lobbying As required by section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $1001000, as defined at 28 CFR Part 69, the Contractor certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons influencing or attempting to influence an officer or employee of an department, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any department, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard form — LLL, 'Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-avvards at all tiers (including sub-grants, contracts under grants and cooperative agreements, and -28- CM-F58 (Rev_ 1-10) Previous edition obsolete. MS Word SJ03.1210 and disclose subcontracts) and that all sub-recipients shall certify accordingly. 0 r.ertifirntinn Rpnardina Debarment. Suspension. and Other Matters Responsibility The Contractor certifies that they and their principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal or State department or agency. 2. Have not within a three-year period preceding this Agreement been convicted of or had 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 for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in 28 CFR 67, et sec. 4. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State or local) terminated for cause and default. Where the parties are unable to certify to any of the statements in this certification, the Contractor shall attach an explanation to this Agreement. The Contractor shall promptly notify DHS of any criminal litigation, investigations or proceeding which may have arisen or may arise involving the Contractor or any of the Contractor's subcontractors, or any of the foregoing entities' then current officers or directors during the term of this Agreement and three years thereafter. All notices shall be provided in writing to DHS within fifteen business days after the Contractor learns about any such criminal or civil investigations and within fifteen days after the commencement of any proceeding, litigation, or arbitration, as otherwise applicable. Details of settlements, which are prevented from disclosure by the terms of the settlement, shall be annotated as such. However, the Contractor shall disclose if any terms of such settlement would impede the Contractor's performance of this Agreement. The Contractor may rely on similar -29- CM-F153 (Rev. -10) P7evio dit:on otsolete. MS Word S.031210 good faith cerbfications of its subcontractors, which certification shall be available for inspection at the option of DHS. The Contractor certifies to the best of its knowledge that within the past three (3) years, the Contractor has not; 1. Failed to substantially perform a state contract or subcontract according to its terms, conditions, and specifications within specified time limits. 2. Refused to provide information or documents required by a contract including, but not limited to information or documents necessary for monitoring contract performance. 3. Failed to respond to requests for information regarding contract compliance. or accumulated repeated substantiated complaints regarding performance of a contract. 4. Failed to perform a state contract or subcontract in a manner consistent with any applicable state or federal law, rule, regulation, order, or decree. The Contractor shall include Section O. (Certification Regarding Debarment, Sosnension. and Other Responsibility Matters) language as written above in all subcontracts with other parties. The Contractor shall require each primary subcontractor, whose subcontract will exceed $25,000, to disclose to the Contractor, in writing, whether at of the time of the award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the State of Michigan. The Contractor shall then inform DHS of the subcontractor's status and reasons for the Contractor's decision to use such subcontractor, if the Contractor so decides. If it is determined that the Contractor knowingly rendered an erroneous certification under this provision, in addition to the other remedies available to the state, DHS may immediately terminate this Agreement. If the state finds that grounds to debar exist, it shall send notice to the Contractor of proposed debarment indicating the grounds for proposed debarment and the procedures for requesting a hearing. If the Contractor does not respond with a written request for a hearing within twenty (20) calendar days. the state shall issue the decision to debar without a hearing. The debarment period may be of any iength up to eight (8) years. After the debarment period expires, the Contractor may reapply for inclusion on bidder lists through the regular application process by authority of Executive Order 2003-1, P. Governing Law -30- CM-F -158 Rev. 1-1o) Previous edition obsolete. MS Word SA1312113 This Agreement shall in all respects be governed by, and construed in accordance with, the laws of the State of Michigan. Any dispute arising herein shall be resolved in the State of Michigan. SeverabiliN Each provision of this Agreement shall be deemed to be severable from all other provisions of this Agreement and, if one or more of the provisions of this Agreement shall be declared invalid, the remaining provisions of this Agreement shall remain in full force and effect. Amendment 1. Federal or State Laws or Regulations The Contractor shall, upon request of DHS and receipt of a proposed amendment, amend this Agreement, if and when required in the opinion of DHS, due to the revision of Federal or State laws or regulations. If the Contractor refuses to sign such amendment within fifteen (15) days after receipt, this Agreement shall terminate upon such refusal. This Agreement may otherwise be amended only by the written consent of all the parties hereto. Q. Change Requests The State reserves the right to request from time to time any changes to the requirements and specifications of this Agreement and the work to be performed by the Contractor under this Agreement. During the course of ordinary business, it may become necessary for the State to discontinue certain business practices or create Additional Services/Deliverables. At a minimum, to the extent applicable, the State will require the Contractor to provide a detailed outline of all work to be done, including tasks necessary to accomplish the services/deliverables, timeframes, listing of key personnel assigned, estimated hours for each individual per task, and a complete and detailed cost justification. If the Contractor does not so notify the State, the Contractor has no right to claim thereafter that it is entitled to additional compensation for performing that service or providing that deliverable. Change Requests: a, By giving Contractor written notice within a reasonable time, the State must be entitled to accept a Contractor proposal for change, to reject -31 - CM-F168 (Rev. -1-10) Previous edition obsolote. MS Word 5.1031210 it, or to reach another agreement with Contractor. Should the parties agree on carrying out a change, a written amendment must be prepared and issued under this Agreement, describing the change and its effects on the services and any affected components of this Agreement. b. No proposed change must be performed until the proposed change has been specified in a duly executed amendment issued by DHS. G. if the State requests or directs the Contractor to perform any activities that the Contractor believes constitute a change, the Contractor must notify the State that it believes the requested activities are a change before beginning to work on the requested activities. if the Contractor fails to notify the State before beginning to work on the requested activities, then the Contractor waives any right to assert any claim for additional compensation or time for performing the requested activities. If the Contractor commences performing work outside the scope of this Agreement and then ceases performing that work, the Contractor must, at the request of the State, retract any out-of-scope work that would adversely affect this Agreement. S. Options to Renew At tne discretion of DHS, an awarded contract may be renewed in writing by an amendment not less than 30 days before its expiration. The contract may be renewed for up to one additional year period. -32- CM-158 (Rev 1-'0) P•ev.ous edition obsdiete. MS Word 5J031210 IN WITNESS WHEREOF, the DHS and the Grantee have caused this Agreement to be executed by their respective officers duly authorized to do so. The Undersigned has the lawful authority to b .nd the Grantee to the terms set forth in this Agreement. Dated at , Michigan Oakland County this day of By: Witness: Dated at , Michigan DEPARTMENT OF HUMAN SERVICES this day of By: Director or Designee Witness: Contract #: JAIBG-10-63001 -33- c:M-F158 :'Rev 1-10) Previcus edLtion obsolete MS Word SJ031710 Qty Rate Units UOM Total Federal Local Grant Amount Amount 3,054.93. 2,749.44 335.49 " . 714.40 • 643.31 71.45 3,977.00 3,579.30 397,70 0.06249,273.000 3.015 49,273.000 4 Occupancy 5 Communication Total for Optional Fringe Benefits !..r) 20,991.00 18.891.90 2.099.13 Page 1 of 2 7 - 10. Budget Details and Summaries Budget Detail for Juvenile Accountability Block Grant -2010 Agency: Oakland County Application: Juvenile AccountaVity Block Grant -_2010 Line Item 1 Salary and Wages .Direct Service Worker - Probation Officer for the Teen Court Program 2 Required Fringe Benefits 1.000 49.273 000 1.000 FTE 49.273,00 44,35.73 4.927.30 .Unemployment Insurance - Probation Officer for Teen Court. Worker's Compensation - Probation Officer for Teen . Court. FICA Social Security - Probation Officer for Teen Court. 0.000 FICA Medicare - Probation Officer for Teen Court Total for Required Fringe Benefits ,70 3 Optional Fringe Benefits 3.000: 1.000 97.610 1 000 FTE 97 61 87.85 0.76 1.000 113.030 1.000 FTE 110C3 99,00 11,30 Health Insurance - Prooation Officer for Teen Court. Life insurance - Probation Officer for Teen Court. ....„ , „ 1.000, 4.082.0001 1.000 FTE 4.082.00. 3,673.80 408.20 1.000 179,000: 1,000 FTE 179,00 161.10 17.90 Retirement - Probation Officer for Teen Court. 1.000 16,107.000! 1.000 FTE 16;107,00 14,496.30 1,610.70 . . ..._ . ... _ , Dental Insurance - Probat'on Officer for Teen Coirt. 1.000 409,300 1.030 FTE 409.00 368.10 40.90 , Optical - Probation Officer tor Teen Court. 1.000 . 16.000; 1.000 FTE 16.00 14.40 1.60 _ .. Disability Insurance - Probation Officer for Teen Court. 1.000: 198.000, 1.000 FTE 198.00 178.20 19 83 6 Supplies/Operating Expenses Equipment ConstructioniRemodel 9 New Construction 1C Transportation 11 Consultants/Contractual Services Subcontractors - Contracted Services (vendors to bei____,,.. 1.000 56,959,000 0.030 56.959.00 51,263.10 5,695 9C _ determined) fo , Children's ViPage Re-Entry program , i....' v ) ,, ., , _,...., - Subcontractors - Facilitator for Art 1- erapy Through 1.000 1.500.000 3.000 1,530 00 1,350.00 150.00 Photography Program icT.; ( .....11 .,,.. Total for Consultants/ConiThauarl Services 58,459,00 52,613.13 5,845,90 ..„ 12 Specific Assistance 13 Miscellaneous TOTAL EXPENDITURES 132,700.30 119.433.33 13,270.00 0.00 0.00 0.00 58,459.00 0.00 Page 2 of 2 I I Budget Summary for Juvenlle Accountabliity Block Grant - 201 3 Agency: Oakland County • ,2121 Block Grant Grant- 2010 1 Line Item Total Grant Salary and Wages 49 273.00 Fringe Benefits 24 968.00 • Occupancy 0.00 ' Communication C.00 . . Supplies/Operating Expenses 0.00 Equipment 000 Construction/Remodel New Construction Transportation ConsuItants/Contractual Services Specific Assistance Federal Amount Local Amount' 44.345.70 4•92733i 22,471.20 2.496.63; C.00 000 0.00 0.00 0.00 0.00' 0.00 000 000 0.00 0,00 3.00 0.00 0.001 52,613.10 5,845.901 0.00 0.00 Miscellaneous TOTAL EXPENDITURES 0.00 132.700.00 . . 0.00 0.30 119.430.00 13.270.30 6. A budget amendment is recommended as follows: Amended Adopted Amendment Budget FISCAL NOTE #I0074 April 22, 2010 BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY, CIRCUIT COURT - FAMILY DIVISION, AND CHILDREN'S VILLAGE — PROGRAM YEAR 2010 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) 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 Michigan Department of Human Services has awarded grant funding in the amount of $132,700 to the Prosecuting Attorney, Circuit Coort-Family Division, and Children's Village under the Juvenile Accountability Block Grant (JABG) for the period of April 1, 2010 through March 31, 2011. 2. The grant award provides funding for the following: Circuit Court facilitator for Art Therapy Through Photography program: a Teen Court program through the Prosecuting Attorneys Office to provide a justice model within a peer setting, anc Children's Village Re-Entry program. 3. The State contribution is $119,430 (90%) and the County grant match is $13.270 (10%), of which $7,574 is included in the General Fund Non-Departmental Grant Match line item and $5,696 will come from the Laundry and Cleaning line item of the Children's Village budget under the Chid Care Fund. 4. In addition to the County match requirements, the County is expected to incur administrative and support costs of $4,484, which have been included in the Fiscal Year 2010/Fiscal Year 2011 budget. This grant does not allow for recovery of those costs. 5. The grant continues funding for one (1) FTE Probation Officer I (position #4010201-09330). funding for contractual consultant services. GENERAL FUND (#10100) FY 2010 FY 2010 FY 2010 9090101-196030-730800 Non-Dept Grant Match $ -0- ($ 7,574) ($ 7,574) 4010201-122060-788001-27365 Pros Atty Transfer Out -0- 7,424 7,424 3010401-121240-788001-27365 Cir Ct -Transfer Out -0- 150 150 Total General Fund Transfers $ -0- $ -0- $ -0-, CHILD CARE FUND (#20293) Expenditures Children's Village 1060501-112090-731059 Laundry and Cleaning $83,000 $(5,696) $ 77,304 1060501-112090-788001-27365 Transfer Out -0- 5,696 5,696 Total Child Care Fund $ 83,000 $ -0- $ 83,000 JABG GRANT FUND (#27365) Revenues 4010201-122060-610313 Pros Atty - Grants - Fed$81,354 ($14,537) $66,817 4010201-122060-695500-10100 Pros Atty - Transfer In 9,039 ( 1,615) 7,424 3010401-121240-610313 Cir Ct - Grants - Federal 5,400 ( 4,050) 1,350 3010401-121240-695500-10100 Cir Ct. - Transfer In 600 ( 450) 150 1060501-112090-610313 CV- Grants - Federal 0 51,263 51,263 1060501-112090-695500-10100 CV - Transfer In 0 5,696 5,696 4010101-122060-610313 Pros Atty - Grants - Fed 15,746 (15,746) 0 4010101-122060-695500-10100 Pros Atty - Transfer In 1,750 (1,750) 0 Total Revenues $113,889 $ 18,811 $132,70.0 FINANCE COMMITTEE Motion carried unanimously on a roll call vote. 1 r • Expenditures Prosecuting Attorney Teen Court Program 4010201-122060-702010 Salaries $50,536 $(1,263) $ 49,273 4010201-122060-722740 Fringe Benefits 31,747 (6,779) 24,968 Sub-Total Pros. Atty. Teen Ct. Program $ 82,283 ($ 8,042) $ 74,241 Circuit Court Drug Court 3010401-121240-730373 Contracted Services $ 3,000 ($ '1,500) $ 1,500 Sub-Totai Circuit Court Drug Court $ 3,000 ($ 1,500) $ 1,500 Children's Village 1060501-112090-730373 Contracted Services $ 0 $56,959 $56,959 1060501-112090-788001 Transfer Out $ 28,606 ($28,606) $ 0 Sub-Total Children's Village $ 28,606 $28,353 $56,959 Total JABG Grant Fund Expenditures $113,889 $ 18,811 $132,700 FINANCE COMMITTEE • n Resolution #10074 April 22, 2010 Moved by Long supported by Woodward the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell. Gosselin, Greimel, Hatchett, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). _ HEREPY APPROVErPrÉ-6-:, -0/NG PF-Sa ACTING PU,'3SUANT TO 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 April 22, 2010, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac. Michigan this 22nd day of April, 2010. eat Ruth Johnson, County Clerk