HomeMy WebLinkAboutResolutions - 2010.01.20 - 10098MISCELLANEOUS RESOLUTION 110002 January 20, 2013
BY: General ::overnment Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - 2009/2010
SUBSTANCE USE DISORDER GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Mich1gun Department of Community Health (MDCF) has awarded the
Health Divislen Substance Use Disorder Grant Funds for the period of October 1,
2009 through SepteMber 33, 201C; and
WHEREALI, the 2309/23C9 Substance !..]se 2isorder Grant aware included a total
funding amount cC S4,792,578 in grant revenue and expenditures for this program;
and
WHEREAS the 2:J39/2010 Substance Use Disorder. Grant aware reflects grant
funding in the amount of $4,634,746, a decrease of $157,832 from the previous
year; and
WHEREAS these funds are used to subcontract with agencies to prevent ana
reduce the incidence of drug and alcohol abuse and dependency; and
WHEREAS these contracts were awarded through the County's competitive
bidding process; and
WEEREAS acceptance of this grant does not obligate the County to any future
commitment; and
WHEREAS the gran': agreement has been submitted through the County
Executive's Contract Review Process.
NOW TEEREFORE BE :7 RESOLVED that the Oakland County Board or Commissioners
accepts the 23,39/23013 Substance Use Disorder Grant from the Michigan Department
of Commu nity Healtn in the amount of *4,634,746.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
is authorized '7.5' execute the grant agreement and to approve minor changes and
grant extensions, not to exceed fifteen (15) percent variance from the originai
award.
BE T7 FURTHER RESOLVED that the future level of service, including
personnel, be contingent upon Lne level of funding for this program.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the fdrogoing resolution.
GENERAL GOVERNMENT COMMITEE
C€, '("
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Hatchett absent.
Page 1 of 2
Helen Hanger
From: Pill, Gala loiirg@oakgov.conj
Sent: Saturday, January 09, 2010 1:57 PM
To: 'Fockler, Tom oearsonl@oakgov.com
Cc: 'Blaszczak, Mike'; 'Davis, Patricia': 'Brad Benn'
Subject: Grant Sign Off: Health Divsion - FY 2010 MDCH - Substance Use Disorder Grant Agreement - Grant Acceptance
Please Note: The requested contract modifications have been made and are included in the attached revised
agreement. This version of the agreement and the attachments should be included in all Board of Commissioner
packets.
GRANT REVIEW SIGN OFF — Health Division
GRANT NAME: FY 2010 MDCH - Substance Use Disorder Grant Agreement
FUNDING AGENCY: Michigan Department of Community Health
DEPARTMENT CONTACT PERSON: Tom rockier! 2-2151
STATUS: Grant Acceptance
DATE: January 9. 2010
Pursuant to Misc. Resolution 401320, please be advised the captioned grant materials have completed internal grant review.
Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison
Committee Resolution, the grant agreement/contract. Finance Committee Fiscal Note, and this Sign Off email containing grant
review comments) may be requested to be placed on the appropriate Board of Commissioners committee(s) for grant acceptance
by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. - Laurie Van Pelt (10/21/2009)
Department of Human Resources:
Approved. - Cathy Shallal (10119/2009)
Risk Management and Safety:
Approved. - Andrea Plotkowski (10/22/2009)
Corporation Counsel:
This Office and the State have, subject to B.O.C. approval, agreed to the following two documents:
FINAL Part 1 [from 1-7-2010 e-mail to DCH - SA_Contractiart_lmain_2010 _January pdf]
FINAL Part 2 [from 12-17-2009 e-mail to DCH - DCH 2009-10 SA Attachments 2009-1217-1.pdflpdf
together, constitute the "final - contract. These two documents are attached here for your convenience.
Please consider this e-mail as this Office's approvai of the above contract documents. - Mike Blaszczak (1/8/2010)
COMPLIANCE
The grant agreement references an extensive number of federal and state regulations. Please refer to the agreement for
specifically cited compliance requirements for this grant.
1/11/2010
H-Q665 FYZU10 11091W) Page ' V
Contract Manager and
Location/Building: Mark Steinberg
Lewis Cass Bldg, 5t
Contract #:2010-
Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
Oakland County Health Division/Office of Substance Abuse Services
1200 N. Telegraph
Pontiac, Ml 48341
Federal I.D.#:38-6004876
nereinafter referred to as the "Contractor"
for
Substance Use Disorder Services
Part I
1. Period of Agreement: This agreement shall commence on Cictoher 1, 2 0 DP and
continue through September 30, 2010. This agreement is in full force and effect for the
period specified.
2. Program Budget and Agreement Amount
A. Agreement Amount
The total agreement amount is $4.634,746.00 and the Department's agreement amount
is 1.253661.20. as shown in the attached budget (Attachment B). The federal funding
provided by the Department is 3,381S184,80, as follows:
Federal Catalog of Federal CFDA Federal Agency Federal Award Amount
Program Domestic # Name Grant Phase
Title Assistance (CFDA) Award
Title Number
... L.
SAPT Block Block Grant for 93 959 DepaIrnent of 10 B1 MI 2010 $3.35t 084 SD
Grant Prevent/on and Health and Human SAPT
Treatment of Services/SAD/NSA
Substance Abuse
Infrastructure Strategic Prevention 93.243 Department of 5 1179 2010 50
Program for Framework State Health end Human SP11196-01
Substance Incentive Grants ServicesiSAMHSA
Abuse / Prevention I
Community ; Block Grants for 93.958 Department of 1081MICMH 2010 $0
Mental I Community Mental Health and Human S
Health Health Services Services/SAMHSA
Services
Slocic Grant
Total FY 2010 Federal Funding $3.381.084.60
Oakland County 01/07/10 Page 1
The grant agreement is designated as
• Subrecipient relationship; or
• Vendor relationship.
The grant agreement is designated as:
E Research and developm ent project; or
El Not a research and development project.
B. Equipment Purchases and Title
Any contractor equipment purchases supported in whole or in part through this
agreement must be listed in the supporting Equipment Inventory Schedule.
Equipment means tangible, non-expendable, personal property having useful life
of more than one (1) year and an. acquisition cost of $5.000 or more per 'Jnut.
Title to items having a unit acquisition cost of less than $5,000 shall vest with the
Contractor upon accuisition. The Department reserves the right to retain or
transfer the title to all items of equipment having a unit acquisition cost of $5.000
or more, to the extent that the Department's proportionate interest in such
equipment supports such retention or transfer of title.
C. Deviation Allowance
A deviation allowance modifying an established budget category by $10,000 or
15%, whichever is greater, is permissible without prior written approval of the
Department. Any modification or deviations in excess of this provision, including
any adjustment to the total amount of this agreement. must be made in writing
and executed by all parties to this agreement before the modifications can be
implemented. This deviation allowance does not authorize new categories,
subcontracts. equipment items or positions not shown in the attached Program
Budget Summary and supporting detail schedules.
3. Purpose,: The focus of the program is to provide for the administration and coordination
of substance abuse services within the designated coordinating agency region,
consisting of Oakland County (ies).
4. Statement of Work: The Contractor agrees to undertake, perform and complete the
services described in Attacnment A, which is part of this agreement through reference.
5. Financial Requirements: The financial requirements shall be followed as described 'n
Part ll of this agreement and Attachments 3 and D which are part of this agreement
through reference. The agency's fiscal year allocation letter is incorporated by
reference into this agreement.
6. PerformancProaress Report Requirements: The progress reporting methods. as
applicable, shall be followed as described in Attachment C. which is part of this
agreement through reference.
7. General Provisions: The Contractor agrees to comply with the General Provisions
outlined in Part II, which is part of this agreement through reference. The Contractor
also agrees to comply with the requirements oescribed in Attachment E: Other
Requirements, which is part of this agreement through reference, The Parties agree
that the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 09/10
AGREEMENT ADDENDUM A (pages 17 through 19, herein) is incorporated and
made part of this Agreement.
item 2.B
is iot
applicable.
Item 2.0
is not
applicable.
DCH-065 FY2C"Q 1q:1@ I'M Page 2 V 16
Page 2 01107110 Oakland County
DCH-0665 FY2oiC 1/09 iw; page 3 of 16
8. Administration of the Agreement:
The person acting for the Department in administering this agreement (hereinafter
referred to as the Contract Manager) is:
Mark Steinberg, Administrator
Division of Grants and Contract Management. ODCP
Lewis Cass Building, 5t' floor, Lansing, MI
(517) 335-0180
SteinberqMrnichicon.gov
Name, Location/Building Title Telephone No. Email Address
9. Contractor's Financial Contact for the Aareement:
The person acting for the Contractor on the financial reporting for this agreement is:
Name Title
E-Mail Address Telephone No.
10. Special Conditions:
A. This agreement is valid upon approval by the State Administrative Board as
appropriate and approval and execution by the Department.
B. This agreement is conditionally approved subject to and contingent upon the
availability of funds.
C. The Department will not assume any responsibility or liability for costs incurred
by the Contractor prior t o the signing of this agreement.
D. The Contractor is required by PA 533 of 2004 to receive payments by electronic
funds transfer.
11. Special Certification:
The individual or officer signing this agreement certifies by his or her signature that he or
she is authorized to sign this agreement on behalf of the responsible governing board.
official or Contractor.
12. Signature Section:
For the CONTRACTOR
giU Pik,rd6t,r4
(Rinse print)
Signature
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Mary Jane Russell, interim Deputy Director, Operations Administration Date
Name Title
Date
Oakland County Page 3 01/07/10
Part 11
General Provisions
1. Responsibilities - Contractor
The Contractor in accordance with the general purposes anct objectives of this
agreement will.
A. Publication Rights
1. Where activities supported by this agreement produce books, films, or
other such copyrightable materials issued by the Contractor. the
Contractor may copyright such but shall acknowledge that the
Department reserves a royalty-free, non-exclusive and irrevocable license
to reproduce, publish and use such materials and to authorize others to
reproduce and use such materials. This cannot include service recipient
information or personal identification data.
2. Any copyrighted materials or modifications bearing acknowiedgmert of
the Department's name must be approved by the Department prier to
reproduction and use of such materiais.
3. The Contractor shall give recognition to the Department in any and all
publications papers and presentations arising from the program and
service contract herein; the Department will do likevvise,
B. Fees
Make reasonable efforts to collect 1 5' and 3 11" party fees, where applicable, and
report these as outlined by the Department's fiscal procedures Any
uncierrecoveries of otherwise available tees resulting from failure to bill for
eligible services will be excluded from reimbursable expenditures.
C. Program Operation
Provide the necessary administrative, professional, and technica/ staff for
operation of the program.
D. Reporting
UtiiiZE: all report forms and reporting formats required by the Department at the
effective date of this agreement, and provide the Department with timely review
and commentary on any new report forms and reporting formats proposed for
issuance thereafter.
E. Record M a inten ance/Reten tion
Maintain adequate program and fiscal records and files, including source
documentation to support program activities and all expenditures made under the
terms of this agreement, as required. Assure that all terms of the agreement will
be appropriately adhered to and that records and detaileo documentation for the
project or program identified in this agreement will be maintained for a period of
not less than three (3) years from the date of termination, the date of submission
of the final expenditure report or until litigation aria audit findings have been
resolved,
DG1-1-0665 FY201C 1/06 (WI Page 4 of '!6
Oakland County Page 4 D1/07/10
F. Authorized Access
Permit upon reasonable notification and at reasonable times, access by
authorized representatives of the Department, Federal Grantor Agency,
Comptroller General of the United Slates and State Auditor General, or any of
their duly authorized representatives, to records. files and documentation related
to this agreement, to the extent authorized by applicable state or federal law, rule
or regulation.
G. Audits
This section only applies to Contractors designated as subrecipients.
Contractors designated as vendors are exempt from the provisions of this
section.
1. Required Audit or Notification Letter
Contractors must submit to the Department either a Single Audit,
Financial Statement Audit, or Audit Status Notification Letter as described
below. If submitting a Single Audit or Financial Statement Audit,
Contractors must also submit a Corrective Action Plan for any audit
findings that impact MDCH-funded programs, and management letter (if
issued) with a response.
a. Single Audit
Contractors that expend $500,000 or more in federal awards
during the Contractor's fiscal year must submit to the Department
a Single Audit prepared consistent with the Single Audit Act
Amendments of 1996. and Office of Management and Budget
(OMB) Circular A-133, ''Audits of States, Local Governments, and
Non-Profit Organizations," as revised.
The Contractor must comply with all requirements in the MDCH
Substance Abuse Prevention and Treatment Audit Guidelines,
current edition, as issued by the MDCH Office of Audit.
b. Financial Statement Audit
Contractors exempt from the Single Audit requirements that
receive $500,000 or more in total funding from the Department in
State and Federal grant funding must submit to the Department a
Financial Statement Audit prepared in accordance with generally
accepted auditing standards (GAAS). Contractors exempt from
the Single Audit requirements that receive less than $500,000 of
total Department grant funding must submit to the Department a
Financial Statement Audit prepared in accordance with GAAS if
the audit includes disclosures that may negatively impact MDCH-
funded programs including, but not limited to fraud. going concern
uncertainties, financial statement misstatements. and violations of
contract and grant provisions.
c. Audit Status Notification Letter
Contractors exempt from both the Single Audit and Financial
Statement Audit requirements (a. and b. above) must submit an
Audit Status Notification Letter that certifies these exemptions.
DCH-665 FY201U 1/C9 (W) Pape 5 at 18
Oakland County Page 5 01/07/10
The template Audit Status Notification Letter and further
instructions are available at htto//www michigan,qov/mdch by
selecting inside Corn munity Health — MDCH Audit,
2. Due Date and Where to Send
The required audit and any other required submissions (i.e. Corrective
Action Plan and management letter with a response), or audit Status
Notification Letter must be submitted to The Department within nine
months after the end of the Contractor's fiscal year to:
Michigan Department of Community Health
Office of Aud t
Quaiity Assurance and Review Section
P.O. Box 30479'
Lansing, Michigan 48910-7979
*For Express Delivery:
Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933
Alternatives to paper filing may be viewed at
htte://www reichictan.eov/mdch by selecting Inside Community Health —
MDCH Audit.
3. Penalty
a. Delinquent Single Audit or Financial Statement Audit
If the Contractor does not submit the required Single Audit
reporting package, management letter (if issued) with a response,
and Corrective Action Plan; or the Financial Statement Audit and
management letter (if issued) with a response within nine months
after the end of the Contractor's fiscal year and an extension has
not been approved by the cognizant or oversight agency for audit,
the Department may withhold from the current funding an amount
equal to five percent of the audit year's grant funding (not to
exceed £200,000) until the required filing is received by the
Department. The Department may retain the amount withheld if
the Contractor is more than 120 days delinquent in meeting the
filing requirements and an extension has not been approved by
the cognizant or oversignt agency for audit. The Department may
terminate the current grant if the Contractor is more than 180 pays
delinquent in meeting the filing requirements and an extension has
not been approved by the cognizant or oversight agency for audit.
b. Delinquent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter, when
required. may result in withholding from the current funding an
amount equal to one percent of the audit year's grant funding until
the Audit Status Notification Letter is receiv ed.
DCH-0865 FY2C11U1/0 , (W) Page. 6 of 15
Oakland County Page 6 01107110
4. Other Audits
The Department or federal agencies may also conduct or arrange for
"agreed upon procedure s or additional audits to meet their needs.
H. Subrecipient/Vendor Monitoring
The Contractor must ensure that each of its subrecipients comply with the
Single Audit Act requirements. The Contractor must issue management
decisions on audit findings of their subrecipients as required by OMB Circular A-
133.
The Contractor must also develop a subrecipient monitoring plan that addresses
'during the award monitoring" of subrecipients to provide reasonable assurance
that the subrecipient administers Federal awards in compliance with laws,
regulations, and the provisions of contracts, and that performance goals are
achieved. The subrecipient monitoring plan should include a risk-based
assessment to determine the level of oversight, and monitoring activities such as
reviewing financial and performance reports, performing site visits and
maintaining regular contact with subrecipients.
The Contractor must establish requirements to ensure compliance for for—profit
subrecipients as required by OMB Circular A-133, Section .210(e)
The Contractor must ensure that transactions with vendors comply with laws,
regulations, and provisions of contracts or grant agreements in compliance with
OMB Circular A-133. Section .210(f).
Notification of Modifications
Provide timely notification to the Department. in writing, of any action by its
governing board or any other funding source that would require or result in
significant modification in the provision of services, funding or compliance with
operational procedures.
J. Software Compliance
The Contractor must ensure software compliance and compatibility with the
Department's data systems for services provided under this agreement including,
but not limited to: stored data, databases, and interfaces for the production of
work products and reports. AD required data under this agreement shall be
provided in an accurate and timely manner without interruption, failure or errors
due to the inaccuracy of the Contractor's business operations for processing
date/time data
K. Human Sublects
The Contractor will comply with Protection of Human Subjects Act, 45 CFR, Part
46. The Contractor agrees that prior to the initiation of the research, the
Contractor will submit institutional Review Board (IRE) application material for all
research involving human subjects, which is conducted in programs sponsored
by the Department or in programs which receive funding from or through the
State of Michigan, to the Department's IRB for review and approval, or the IRE
application and approval materials for acceptance of the review of another IRB.
All such research must be approved by a federally assured IRB, but the
Department's IRB can only accept the review and approval of another
institution's IRB under a formally-approved interdepartmental agreement. The
DCH-0665 FY201 0 1/09 1W1 Page? 01 16
Oakland County Page 7 01/07/10
manner of the review will be agreed upon between the Department's IRS
Chairperson and the Contractor 'a IRB Chairperson or Executive Officer(s).
U. Responsibilities - Department
The Department in accordance with the general purposes and objectives of this
agreement will:
A. Reimbursement
rovide reimbursement in accoraance with tie terms and conditions of this
agreement based upon appropriate reports, records, and documentation
maintained by the Contractor,
B. Report Forms
Provide any report forms and reporting formats required by the Department at the
effective date of this agreement, and provide to the Contractor any new report
forms and reporting formats proposed for issuance thereafter at least ninety (90)
days prior to their required usage in order to afford the Contractor an opportunity
to review and offer comment.
Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
The Contractor wql comply with applicable federal a la state laws, guidelines,
rules and regulations in carrying out the terms of this agreement. The Contractor
will also comply with all applicable general administrative requirements such as
OMB Circulars covering cost principles, grantfag reement principles, and awaits in
carrying out the terms of this agreement. For purposes of this Agreement. OMB
Circular A-87 is applicable to Contractors that are locac governm ent entities, and
OrvlB Circular A-122 is applicable to Contractors that are non-profit ent:ties.
B. Anti-Lobbyino Act
The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised
by the Lobbying Disclosure Act of 1995. 2 USC 1601 at seq, and Section 503 of
the Departments of Labor. Health and Human Services, and Education. and
Related Agencies section of the FY 1997 Omnibus Consolidated Appropriations
Act (Public Law 104-209). Further, the Contractor shall require that the language
of this assurance be included in the award documents of all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and
cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
C. Non-Discrimination
1. In the performance of any contract or purchase order resulting herefrom,
the Contractor agrees not to discriminate against any employee or
applicant for employment or service delivery and access, with respect to
their hire, tenure. terms, conditions or privileges of employment, programs
and services provided or any matter directly or indirectly related to
employment, because of race. color, religion, national origin, ancestry,
age, sex, height, weight, marital status, physical or mental disability
unrelated to the individual's ability to perform the duties of the particular
DC!--46e5 7Y20101 ,09 (VV,I oage S 0 16
Oakland County Page 8 01/C7/10
job OT position or to receive services. The Contractor further agrees that
every subcontract entered into for the performance of any contract or
purchase order resulting herefrom will contain a provision requiring non-
discrimination in employment, service delivery and access, as herein
specified binding upon each subcontractor. This covenant is required
pursuant to the Elliot-Larsen Civil Rights Act. 1976 PA 453, as amended,
MCL 37.2201 et seq., and the Persons with Disabilities Civil Rights Act,
1976 PA 220, as amended, MCL 37.1101 et seq.. and any breach thereof
may be regarded as a material breach of the contract or purchase order.
2. The Contractor will comply with all Federal statutes relating to
nondiscrimination. These inciude but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohinits
discrimination on the basis of race, color or national origin:
b Title IX of the Education Amendments of 1972. as amended (20
§§1681-1683, and 1685-1686), which prohibits discrimination
on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973. as amended (29 U.S.C.
§794), which prohibits discrimination on the basis of handicaps;
d. the Age Discrimination Act of 1975, as amended (42 U.S.C. §5101-
6107), which prohibits discrimination on the basis of age;
e. the Drug Abuse Office and Treatment Act of 1972 (Pl. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse;
f. the Comprehensive Alconol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
g. §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
§§29O dd-3 and 290 ee 3), as amended, relating to confidentiality of
alcohol and drug abuse patient records
h. any other nondiscrimination provisions in the specific statute(s) under
which application for Federal assistance is being made: and.
I. trio requirements of any other nondiscrimination statute(s) which may
apply to the application.
3. Additionally, assurance is given to the Department that proactive efforts
will be made to identify and encourage the participation of minority owned
and women owned businesses, and businesses owned by persons with
disabilities in contract solicitations. The Contractor shall incorporate
language in all contracts awarded: (1) prohibiting discrimination against
minority owned and women owned businesses and businesses owned by
persons with disabilities in subcontracting; and (2) making discrimination
a material breach of contract.
D. Debarment and Suspension
Assurance is hereby given to the Department that the Contractor will comply with
Federal Regulation, 2 CFR part 180 and certifies to the best of its knowledge and
belief that it, its employees and its subcontractors:
DCH-G065 FYZOI 1109 (W) Page 9 al 1 6
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1. Are not presently debarred, suspended. proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any federal department or contractor:
2. Have not within a three-year period preceding this agreement been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction: violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction cf records, making false statements, or
receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly cnarged by a
government entity (federal, state or local) with commission of any of the
offenses enumerated in section 2, and;
4 Have not within a three-year period preceding this agreement had one or
more public transactions (federal, state or iccal) terminated for cause or default.
E. Federal Requirement: Pro-Children Act
1. Assurance is hereby given to the Department that the Contractcr wkl
comply with Public Law 103-227, also known as the Pro-Childrer Act of
1994. 20 USC 6091 et seq, which requires that smoking not tie permitted
in any portion of any indoor facility owned or leased or contracted by and
used routinely or regularly for the provision of health. day care, early
childhood development services, education or iebrary services to chialren
under the age of 18. if the services are funded by federal programs either
directly or through state or local governments, by federal grant. contract,
ban or loan guarantee. The law also applies to children's services that
are provided in indoor facilities that are constructed. operated. or
maintained with such federal funds. The law does not apply to children's
services provided in private residences portions of facilities used for
inpatient drug or alcohol treatment: service providers whose sole source
of applicable feoeral funds ,s Medicare or Medicaid; or facilities where
Women, Infants, and Children (WIC) coupons are redeemed. Failure to
comply with the provisions of the law may result in the imposition of a civil
monetary penalty of up to $1000 for each violation andior the imposition
of an administrative compliance order on the responsible entity. Tne
Contractor also assures that this language will be includeo in any
subawards which contain provisions for children's services.
2. The Contractor also assures. in addition to compliance with Public Law
103-227, any service or activity funded in whole or in part through this
agreement will be delivered in a smoke-free facility or environment.
Smoking shall not be permitted anywhere in the facility, or those parts of
the facility under the control of the Contractor. If activities or services are
delivered in facilities or areas that are not under the control of the
Contractor (e.g., a mall, restaurant or private work site), the activities or
services shall be smoke-free.
F. Hatch Political Activity Act and Intergovernmental Personnel Act
The Contractor will comply with the Hatch Political Activity Act 5 USC 1501-1509
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Oakland County Page 10 01/07110
and 7324-7328, and the Intergovernmental Personnel Act of 1970, as amended by
Title VI of the Civil Service Reform Act, Public Law 95-454, 42 USC 4728 - 4763.
Federal funds cannot be used for partisan political purposes of any kind by any
person or organization involved in the administration of federally-assisted
programs.
G. Subcontracts
Assure for any subcontracted service, activity or product:
1. That a written subcontract is executed by all affected parties prior to the
initiation of any new subcontract activity. Exceptions to this policy may be
granted by the Department upon written request within 30 days of
execution of the agreement.
2. That any executed subcontract to this agreement shall require the
subcontractor to comply with all applicable terms and conditions of this
agreement. In the event of a conflict between this agreement and the
provisions of the subcontract. the provisions of this agreement shall
prevail.
A conflict between this agreement and a subcontract, however, shall not
be deemed to exist where the subcontract:
a. Contains additional non-conflicting provisions not set forth in this
agreement;
b. Restates provisions of this agreement to afford the Contractor the
same or substantially the same rights and privileges as the
Department; or
c. Requires the subcontractor to perform duties and/or services in
less time than that afforded the Contractor in this agreement.
3. That the subcontract does not affect the Contractor's accountability to the
Department for the subcontracted activity.
4. That any billing or request for reimbursement for subcontract costs is
supported by a valid subcontract and adequate source documentation on
costs and services.
5. That the Contractor will submit a copy of the executed subcontract if
requested by the Department.
H. Procurement
Assure that all purchase transactions, whether negotiated or advertised, shall be
conducted openly and competitively in accordance with the principles and
requirements of OMB Circular A-102 as revised, implemented through applicable
portions of the associated "Common Rule as promulgated by responsible federal
contractor(s), or 2 CFR, Part 215 (OMB Circular A-110) as amended, as
applicable, and that records sufficient to document the significant history of all
purchases are maintained for a minimum of three years after the end of the
agreement period.
Health Insurance Portability and Accountability Act
To the extent that this act is pertinent to the services that the Agency provides to
the Department under this agreement, the Agency assures that it is in
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compliance with the Health Insurance Portability and Accountability Act (1-11PAA)
requirements including the following;
1. The Agency must not share any protected health data and information
provided by the Department that falls within HIPAA requirements except
as permitted or required by applicable law; or to a subcontractor as
appropriate under this agreement.
2, The Agency wl ensure that any subcontractor win have the same
obligations as the Agency not to share any protected healti data and
information from the Department that falis under HiPAA requirements in
the terms and conditions of the subcontract.
3. The Agency must only use the protected health data and information for
the purposes of this agreement.
4. The Agency must have written policies and procedures addressing tne
use of protected health data and information that falls under the HIPAA
requirements. The policies and procedures must meet a;I applicable
federal and state requirements including the HIPAA regulations. These
policies and procedures must include restricting access to the protecteo
health data and information by the Agency's employees.
5. The Agency must have a policy and procedure to immediately report to
the Department any suspected or confirmed unauthorized use or
disclosure of protected health data and information that falls under the
HIPAA reauirements of which the Agency becomes aware. The Agency
will work with the Department to mitigate the ereach, and will provide
assurances to the Department of corrective actions to prevent furtner
unauthorized uses or disclosures.
6. Failure to comply with any of these contractual requirements may result in
the termination of this agreement in accordance with Attachment A,
Section III. Agreement Termination.
7. In accordance with HIPAA requirements, the Agency is liable for any
claim, loss or damage relating to unauthorized use or disclosure of
protected health data and information by the Agency receivec from the
Department or any other source.
The agency will enter into a business associate agreement shoulo the
Department determine such an agreement is required under HIPAA.
IV. Financial Requirements
A. Operating Advance
The Department will not issue an operating advance under th s agreement.
B. Reimbursement Method
The Department will make prepayments equal to the Contractor s prepayment
schedule that has been approved by the Department and the Contractor. The
prepayments will be monthly, paid up to the total Department allocation as
agreed to in the approved budget. P repayments may be adjusted quarterly based
upon expenditure reports.
C. Revenues and Expenditures Report Submission—Initial and Final
UGH-C665 F=Y2310 V4S (W) Page 12 ci) 16
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Revenues and Expenditures Reports (RERs) shall be prepared as indicated in
Attachment B, and submitted via the Electronic Grants Administration and
Management System (EGrAMS).
RERs shall be submitted twice per agreement year. One will be submitted with
the agency's initial {scat year EGrAMS application and one will be submitted as
the final RER for the fiscal year. The initial RER will be an Attachment report in
EGrAMS. The final REP wiI also be an Attachment report and due January 31
following the end of the fisoai year.
The final RER must reflect total actual program expenditures, regardless of the
source of funds.
To access EGrAMS, log in at:
htlps ://egra ms-rn i.cornid cn/use r/no me .aspx
Failure lo meet financial reportIng responsibilities as identified in this agreement
may result in withholding future payments.
D. Financial Status Report Submission-Quarterly
Financial Status Reports (FSRs) shall be 'Expenditure reports. FSRs will be
prepared as indicated in Attachment D and submitted via EGrAMS. The first,
second, and third quarter FSRs must be submitted on a ouarterly basis, no later
than the last day of the month following the end of each fiscal quarter
FSRs must reflect total actual program expenditures. Expenditures are reported
only for State Aareement funds
E. Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration process to
receive all State of Michigan payments as Electronic Funds Transfers
(EFT)/Direct Deposits, as mandated by PA 533 of 2004: Vendor registration
information is available through the Department of Management and Budget's
web site:
• nittol."michloan.gov(cpexpress
F. Final Obligations and Financial Status Report Reauirements
Preliminary Close-out Report/Obligation Report
A Preliminary Close-out Report/Obligation Report, based on annual
guidelines, must be submitted via EGrAMS and by the due date provided
by the Department's Accounting Division. The Contractor must provide
an estimate of total expenditures for the entire agreement Period. Tne
information on the report will be used to record the Department's year-
end accounts payables and receivables for this agreement.
2. Final RER
The final RER is due as stated in Attachment C to this agreement and
must be submitted via EGrAMS as an Attachment Report. The final RER
must be clearly marked "Final°. Final RERs not received by the due date
may result in the loss of funding requested on the Preliminary Close-cut
Report/Obligation Report and may result in the potential reduction in the
subsequent year's agreement amount.
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3. 4"-' Quarter SR
The 4th quarter FSR will be the final FSR fer the agreement period and
must be submitted via EGrAMS no later than 60 days following the end of
the fiscal year,
G. Unobliciated Funds
Any unobligated balance of funds held by the Contractor at tne en° of the
agreement period will be returned to the Department or treated m accordance
with instructions provided by the Department.
V. Agreement Termination
The Department may cancel this agreement without further liability or penalty to the
Department far any of the following reasons:
A. This agreement may be terminated by either party by giving thirty (30) days
written notice to the other party stating the reasons for termination and the
effective date.
B. This agreement may be terminated on thirty (30) days prior written notice upon
the failure of either party to carry out the terms and conditions of this agreement,
provided the alleged defaulting party is given notice of the alleged breach and
fails to cure the default within the thirty (30) day period.
C. This agreement may be terminated immediately 1 tie Contractor or an official of
the Contractor or an owner is convicted of any activity referenced in Section 11I.D.
of this agreement during the term of this agreement or any extension thereof.
VI, Final Reporting Upon Termination
Should mis agreement be terminated by either party, within thirty (30) aays after the
termination, the Contractor shall provide the Department with all financial. performance
and other reports required as a condition of this agreement. The Department will make
payments to the Contractor for allowable reimbursable costs not covered Dy prevtus
payments or other state or federal programs. The Contractor shall immediately refund to
the Department any funds not authorized for use and any payments or funds advanced
to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising
as a result of this agreement shall be resolved in the State of Mienigan.
Severability
If any provision of this agreement or any provision of any document attached to or
incorporated by reference is waived or held to oe invalid. sucn waiver or invaiidity shall
not affect other provisions of this agreement.
VIII. Amendments
Any crianges to this agreement will be valid only if made in writing and accepted by all
parties to this agreement. Any thange proposed by the Contractor which would affect
the Department funding of any project, in whole or in part in Part I. Section 2.C. of the
agreement, must be submitted in writing to the Department for approval immediately
upon determining the need for such change.
IX. Liability
A. All liability to third parties, loss, or damage as a result of claims, demands. costs.
or judgments arising out of activities, such as direct service delivery, to be carried
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Oakland County Page " 4 01107/10
out by the Contractor in the performance of this agreement shall be the
responsibility of the Contractor, and not the responsibility of the Department, if
the liability, loss, or damage is caused by, or arises out of, the actions or failure
to act on the part of the Contractor, any subcontractor, anyone directly or
indirectly employed by the Contractor, provided that nothing herein shall be
construed as a waiver of any governmental immunity that has been provided to
the Contractor or its em ployees by statute or court decisions.
B. All liability to third parties, loss, or damage as a result of claims, demands, costs,
or judgments arising out of activities, such as the provision of policy and
procedural direction, to be carried out by the Department in the performance of
this agreement shall be the responsibility of the Department, and not the
responsibility of the Contractor, if the liability, loss, or damage is caused by, or
arises out of, the action or failure to act on the part of any Department employee
or agent. provided that nothing herein shall be construed as a waiver of any
governmental immunity by the State. its agencies (the Department) or employees
as provided by statute or court decisions
C. In the event that liability to third parties, loss, or damage arises as a result of
activities conducted jointly by the Contractor and the Department in fulfillment of
their responsibilities under this agreement, such liability, loss, or damage shall be
borne by the Contractor and the Department in relation to each party's
responsibilities under these joint activities, provided that nothing herein shall be
construed as a waiver of any governmental immunity by the Contractor, the
State, its agencies (the Department) or their employees, respectively, as
provided by statute or court decisions.
X. Conflict of Interest
The Contractor and the Department are subject to the provisions of 1968 PA 317, HS
amended, fv1CL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended.
MCI_ 16.341 et seq, M SA 4.1700 (71) et seq.
XI. State of Michigan Agreement
This is a State of Michigan Agreement and is governed by the laws of Michigan. Any
dispute arising as a result of this agreement shall be resolved in the State of Michigan.
XII. Confidentiality
Both the Department and the Contractor shall assure that medical services to and
information contained in medical records of persons served under this agreement. or
other such recorded information required to be held confidential by federal or state law.
rule or regulation, in connection with the provision of services or other activity under this
agreement shall be privileged communication, shall be held confidential, and shall not be
divulged without the written consent of either the patient or a person responsible for the
patient. except as may be otherwise permitted or required by applicable state or federal
law or regulation. Such information may be disclosed in summary, statistical, or other
form, which does not directly or indirectly identify particular individuals.
XIII. Special Certification:
The individual or officer signing this agreement certifies by his or her signature that he or
she is authorized to sign this agreement on behalf of the responsible governing board,
official or Contractor.
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Oakland County Page 15 01/07/10
XIV. Signature Section:
FOR THE CONTRACTOR
Bill Bullard. Chairperson
Oakland County Board of Commissioners
g1,01- /L1L0-41-4 0P
Signature Date
FOR THE MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Mary Jane Russell, Interim Deputy Director
Operations Aorninistration
Signature Date
DCH-0665 FY2010 1'OI.4 (W) Pape 15 cf 10
Oakland County Page 16 C1107/10
version! SLos*,arioe Abuse
Servtes
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
FY 09/10 AGREEMENT ADDENDUM A
This addendum adds the following section to Part I and Renumbers existing 11
Speclaj Certification to 12 and existing 12 Signature Section to 13:
Part 1
11. Agreement Exceptions and Limitations
Notwithstanding any other term or condition in this Agreement including, but
not limited to. any provisions related to any services as described in the
Annual Action Plan, any Contractor (Oakland County) services provided
pursuant to this Agreement, or any limitations upon any Department funding
obligations herein, the Parties specifically intend and agree that the
Contractor may discontinue, without any penalty or liability whatsoever, any
Contractor services or performance obligations under :lie Agreement when
and if it becomes apparent that State or Department funds for any such
services will be no longer available. Notwithstanding any other term or
condition in tnis Agreement, the Parties specifically understand and agree
that no provision in this Agreement shall operate as a waiver, bar or limitation
of any kind, on any legal claim or right the Contractor may have at any time
under any Michigan constitutional provision or other legal oasis (e.g., any
He,adlee Amendment limitations) to challenge any State or Department
program funding obligations; and the parties further agree that no term or
condition in this Agreement is intended and no such provision shall be
argued to state or imply that tne Contractor voluntarily assumed or undertook
to provide any services as described in the Annual Action Plan, and thereby,
waived any rights the Contractor may have had under any legal theory, n law
or equity, without regard to whether or not the Contractor continued to
perform any services herein after any State or Department funding ends.
Oakland Spec o AacIolcicm FY2310 Iri .00c Page '• c.,f
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Vvrsirm: Substanc..e AtLise
Serv1:Q$
2. Tnis acdend urn modifies the following sections of Part II, General Provisions:
Part 11
I. Responsibilities-Contractor
J. Software Compliance. This section wil, be deieted n its entirety and
replaced with the following language:
The M:chigan Department of Community Health and the County of
Oakland will work together to identity and overcome potential data
incompatibility problems.
IlL Assurances
A. Compliance with Applicable Laws. This first sentence of this
paragraph will be stricken in its entirety and replace with the following
language:
The Contractor will comply with applicable Federal and State laws,
and lawfully enueted administrative rules or regulations, in carrying out
the terms of this agreement.
I. 1-1qalth Insurance Portability and Accountability Act, The
provisions in this section shall be deleted i - tneir entirety and replaced
with tie following language:
Contractor agrees that it will comply witn the Healtn Insurance
Portability and Accountability Act of 1996, and the lawfully enacted
and applicable Regulations promulgated there under.
IX. Liability, Paragraph A. will be deleted in its entirety and replaced with the
following language.
A. Except as otnerwise provided for in this Contract, all liabilty loss, or
damage as a result of claims, demands, costs, or judgments arising
out of activities to be carried out pursuant to me obligations of the
Contractor under this Contract shall be the responsibiiity of the
Contractor and not the responsibility of the Department, if the liability,
loss, or damage is caused by, or arises out Of the actions or failure to
act on the part of the Contractor, its employees, officers o - agents.
OaKIanc Specia! AdaenJurr FY20', 0 In *,;@.(loc Rem 2 ol 3
Oakland County Page 18 01/07/10
Version:: Suos:ance At:use
Services
Nothing therein shal! be construed as a waiver of any governmental
immunity or the Contractor, ts agencies, employees, or Oakland
County, as provided by statute or modified by court decisions.
3. Special Certification:
The individual or officer signing this agreerneutoartifies -by his or her signature that
he or she is authonzed tc sign :his agreement on behalf of the responsible
governing board, official or Contractor.
4. Sicnature Section:
For the COUNTY OF OAKLAND
Name and Title
Signature Date
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Mary Jane Hussell, Interim Deputy Director Date
Operations Administration
OakLanc Spe:lai A.aceric.uir FY2i VvtiI,Joc Page`..-)Q 3
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FY 2010
Adjustment
FY2010
Amended
Budget
FISCAL NOTE 110002 January 20, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — 2009/2010
SUBSTANCE USE DISORDER GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds .
1. The Department of Health and Human Services/Health Division has been awarded
$4,634,746 in Substance Abuse Grant funds by the Michigan Department of Community
Health (MDCH).
2. The previous 200812009 award was $4,792,578, for a total reduction of funding in the amount
of ($157,832).
3. Funds will be used to subcontract with agencies to prevent and reduce the incidence of drug
and alcohol abuse and dependency.
4. The grant period extends from October 1, 2009 through September 30, 2010.
5. The Fiscal Year 2010 budget is amended as follows:
FY 2010
Fund #28249 GR#0000000203 Adopted
Office of Substance Abuse Services (OSAS)
Revenue
1060261 -1 34790-610313 Federal
1060261-134790-615571 State
$4,792,578
$4,792,578
$(1,411,493)
1,253,661
$ (157,832)
$3,381,085
1 253 661
$4,634,746
Expense
1060261-133685-730373
1060261-134790-730926
1060261-133405-730373
1060261-133950-730366
1060261-134790-730366
1060261-134790-730373
1060261-134800-730366
1060261-134800-730373
Contract Sys.
Indirect Costs
Contract Sys.
Contract Ad m.
Contract Adm.
Contract Svs.
Contract Adm.
Contract Svs.
$150,333
22,221
630,700
239,498
337,754
2,881,547
522,720
7,805
$4,792,578
$(147,878) $2,455
(2,455) 19,766
0 630.700
0 239,498
0 337,754
(7,499) 2,874,048
0 522,720
0 7,805
$ (157,832) $4,634,746
FINANCE CO)44ITTEE
(11/1,1
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #10002 January 20, 2010
Moved by Coleman supported by Potter the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Burns, Capello. Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen, Long, McGill,vray, Middleton, Nash, Potter, Potts, Runestad, Schwartz,
Scott, Taub, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda
were adopted (with accompanying reports being accepted).
011'1-
• 'I i 111E111E00N RESOLUTION
A2P 2
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, 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 January 20, 201C,
with the original record thereof now remaining in my office,
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac.
Michigan this 20th day of January, 2010.
Gat
Ruth Johnson, County Clerk