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HomeMy WebLinkAboutResolutions - 2012.03.07 - 20019March 7, 2012 MISCELLANEOUS RESOLUTION #12047 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: PROSECUTING ATTORNEY, CIRCUIT COURT - FAMILY DIVISION, AND CHILDRENS VILLAGE — PROGRAM YEAR 2012 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Human Services has awarded grant funding to the Prosecuting Attorney, Circuit Court - Family Division, and Children's Village under the Juvenile Accountability Block Grant (JABG) for the program year of April 1, 2012 through March 31, 2013; and WHEREAS this is the fourteenth (14th) year of grant acceptance for this program; and WHEREAS the Department of Human Services has awarded Oakland County a grant totaling $108,467 of which $97,621 is from the State as a Federal pass-through, and the balance of $10,846 is the County's match amount; and WHEREAS the required 10% County match is included in the Fiscal Year 2012 and Fiscal Year 2013 Non-departmental Adopted Budget; and WHEREAS the multi-departmental grant award provides project funding focusing on areas of opportunity to increase accountability for juvenile criminal offenses and increase accountability in the juvenile system; and WHEREAS the grant program consists of four projects: 1) Children's Village Sallyport Renovations — Secure Detention Pedestrian Door Addition System, 2) Children's Village — Purchase Training/Treatment Materials, 3) Prosecutor Accountability— Teen Court program continuation and 4) Circuit Court Juvenile Drug Court Art Through Photography program continuation. WHEREAS the grant award continues funding for one (1) Probation Officer I position (4010201- 09330); also provides for treatment and training materials, construction/remodeling to install Secure Detention pedestrian door, also provides funding for contractual consultant services; and WHEREAS the grant agreement has completed the County Executive Contract Review Process and been processed according to the Board of Commissioners Grant Procedures; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the Department of Human Services in the amount of $108,467 including grantor funds of $97,621 and County matching funds of $10,846 for the program year period of April 1, 2012 through March 31, 2013. 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 15-" Public Services Committee Vote: Motion carried unanimously on a roll call vote From: Sent: To: Subject: Terri Meiers Attachments: Piir, Gala <plirg@oakgov.com > Friday, February 17, 2012 2:32 PM 'Meiers, Terri'; 'Overall, Joanna'; Davis-Drake, Pamela; Malone, Prentiss; 'McMurtry, Julie'; 'Pisacreta, Antonio'; 'Falardeau, Nancy' GRANT REVIEW SIGN OFF - Multi-Departmental: Prosecuting Attorney, Circuit Court - Family Division, Children's Village - PY 2012 Juvenile Accountability Block Grant (JABG) - Grant Acceptance Grant Acceptance Sign off pkg.pdf GRANT REVIEW SIGN OFF — Multi-Departmental: Prosecuting Attorney, Circuit Court — Family Division, Children's Village GRANT NAME: PY 2012 Juvenile Accountability Block Grant (JABG) FUNDING AGENCY: Michigan Department of Human Services DEPARTMENT CONTACT PERSON: Gala Piir, Fiscal Services, 248 858-1037 STATUS: Grant Acceptance DATE: February 17, 2012 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. • The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved.— Laurie Van Pelt (2//201 Department of Human Resources: Approved. — Karen Jones (2/6/2012) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (2/9/2012) Corporation Counsel: There appear to be no unresolved legal issues that require action at this time. — Karen P. Agacinski (2/8/2012) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. 1 Contract No: JAIBG-12-63001 County: Oakland County Contract Amount: $97,621.00 Method of Payment: Actual Cost AGREEMENT between Services Michigan Department of Human (hereinafter referred to as "DHS") & 235 South Grand Avenue P.O. Box 30037 Lansing, Michigan 48909 Oakland County (hereinafter referred to as "Grantee") 1200 N. Telegraph Building 12E Pontiac, MI 48341 This Agreement is effective from April 1,2012, through March 31, 2013. I. GRANTEE RESPONSIBILITIES A. Email Address The Grantee authorizes DHS to use the contact information below to send Agreement related notifications/information. The Grantee shall provide DHS with updated contact information if it changes. Contact email address: piirg@oakgov.com B. Geographic Area The Grantee shall provide services described herein in the follow geographic area: Oakland County C. Location of Facilities The Grantee shall provide services described herein at the following location(s): 45-A Berkley District Court 3338 Coolidge Highway Berkley, MI 48072 51st Waterford District Court 5100 Civic Center Dr, Waterford. MI 48329 48th Bloomfield Hills District Court 4280 Telegraph Rd Bloomfield Hills, MI 48302 CM-Fl 58 (Rev. 12-11) Previous edition obsolete. MS Word 52/3 Rochester District Court 700 Barclay Circle Rochester Hills MI 48307 52/2 Clarkston District Court 5850 Lorac Dr., Suite 1 Clarkston MI 48347 Anderson Middle School 3205 Catalpa Berkley, MI 48072 Berkley High School 2325 Catalpa Berkley, MI 48072 Clarkston High School 6093 Flemmings Lake Road Clarkston, MI 48346 Norup Middle School 14450 Manhattan Oak Park, MI 48237 Rochester High School 180 S. Livernois Rd Rochester Hills, MI 48307 Waterford Kettering High School 2800 Kettering Drive Waterford MI 48329 Waterford Mott High School 1151 Scott Lake Road, Waterford MI 48328 West Bloomfield High School 4925 Orchard Lake Road West Bloomfield MI 48323 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 D. Client Eligibility Criteria 1. Oakland County youth, ages 9 through 17, 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- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word 2. Determination of Eligibility The Grantee shall determine eligibility. E. Credentials The Grantee shall assure that appropriately credentialed or trained staff under its control, including contractor employees and/or subcontractors, shall perform functions under this Agreement. 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 a related field. F. 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 DHS. G. Local Juvenile Crime Enforcement Coalition The Grantee shall establish 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 sheriff's 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 services agency; (8) a nonprofit, nongovernmental victim advocacy organization; and (9) a nonprofit, religious or community group. H. Services to be Delivered Service # 1 of 3: The Purchase and Installation of a Pedestrian Door 1. Activities the Grantee shall perform: The Grantee shall: a. Purchase and install a Pedestrian Door at Children's Village Detention Facility to include saw cut curb, concrete flatwork to include walkway and adjacent pad, security wiring for locks, intercom on new door and existing delivery door, painting, and landscaping. -3- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word 2. Volume of Service: Clients — The estimated number of unduplicated eligible clients to be served during the period of this Agreement shall be: 1,200 3. Unit Definition(s): One unit equals the purchase and installation of a pedestrian door. 4. Units: The estimated number of units of service to be provided per term of Agreement shall be: 1 Service # 2 of 3: Teen Court 1. Activities the Grantee shall perform: The Grantee shall: a. Accept low level misdemeanor crime referrals from local law enforcement agencies and the Oakland County Prosecuting Attorney's Office for youth who have committed low level misdemeanor crimes. 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) Determine if referred youth are eligible to participate in Teen Court. Determination shall include the following activities: • Review case facts • Call Juvenile Intake to determine whether there are 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 -4- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word • Prepare a letter of acceptance and send to the primary caregiver(s) • Schedule and conduct meetings with the primary caregiver(s) to communicate the Teen Court process and the expectations of juvenile candidates When a determination is made that a 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 2) 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 • Coordinate schedule with paralegal 3) 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 Access database 4) Perform post-sentence follow up for each youth to include the following activities: -5- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word • Contact individuals and agencies whose support is required in order for the student defendant to comply with the conditions of the sentence and arrange for youth to participate in the agencies services and/or projects, i.e., restitution, community service, etc. • Distribute sentence compliance forms to appropriate agency/individuals • Follow-up with individuals and agencies included in youth's sentencing requirements to monitor youth's compliance with his/her sentence • Arrange for drug testing as applicable to each youth • Schedule jury duty role in a future Teen Court for the youth • As part of satisfying a condition of sentence, schedule youth attendance at a violation of probation hearing to observe what happens at that hearing 5) Close the 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 • 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 6) 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. 7) Promote awareness of the program to aid referrals for student Teen Court by connecting with local schools including: students, -6- CM-•F58 (Rev. 12-11) Previous edition obsolete. MS Word administrators, teachers, parents, law day presentations, private attorneys, mass mailings, program information on Oakland County website, and presentations to professional organizations. 8) Continue ongoing program review by requesting an evaluation from all juvenile defendants and parents after each Teen Court session. The evaluation will be used to note participants' feelings 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, primary caregiver(s), and family. The report is used internally to determine sites for Teen Courts sessions in subsequent years. 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: 103 Unit Definition(s): One unit equals one (1) hour of Grantee time implementing the Teen Court services to eligible youth and their families as described above. 4. Units: The estimated number of units of service to be provided per term of Agreement shall be: 2080 Service # 3 of 3: Art Therapy through Photography 1. 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: -7- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word • 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 for a maximum of 15 youth. • Arrange and schedule an art exhibition at the end of the program to display the photography projects completed by the program participants. • Obtain youth's agreement to participate in the Art Therapy Program and Art Exhibition. Obtain written consent from each youth's primary caregiver to allow his/her participation in the Art Therapy Program and Art exhibition. 2. Volume of Service: Clients — The estimated number of unduplicated eligible clients to be served during the period of this Agreement shall be: 15 3. Unit Definition(s): One unit equals one (1) Art Therapy Workshop provided by the Grantee. 4. Units: The estimated number of units of service to be provided per term of Agreement shall be: 3 Evaluation Reporting Requirements The Grantee shall submit to DHS 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, 2012 and May 31, 2013. 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 -8- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word J. Audit Requirements Subrecipient 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: Federal Program Title CFDA # FFP% Juvenile Accountability Block 16.523 90% Grant However, DHS 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 (unless notified otherwise by the OHS Division of Logistics and Rate Setting). The Grantee shall consult the following website address to obtain CFDA numbers, payments, and other audit information: http://www.mdhs.state.mi.us/oia/cfda-ffp-new.asp 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 Controls 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 OHS Office of Monitoring and Internal Controls at the address that follows and in accordance with the time frame established in the Circular. -9- CM-F158 (Rev. 12-11) Previous editiori obsolete. MS Word 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 DE-IS contract(s) 2. Grantee's Federal Identification number(s) as reported in the DHS contract(s) 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 Controls P.O. Box 30037 Lansing, MI 48909 If the Grantee is a subrecipient of DHS, but asserts it is not required to have a Single Audit performed, the Grantee shall submit an audit transmittal letter to the DHS Office of Monitoring and Internal Controls stating the reason the Single Audit report. Failure by the Grantee to submit the transmittal letter shall result in invoking the same sanctions on the Grantee as failure to submit the Single Audit report. -1 0- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word 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 DHS 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 OHS 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: 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 OHS arid the Grantee. K. Client Records For each eligible client served Linder this Agreement, The Grantee shall maintain client case records consisting of: OHS 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 related to this Agreement as may be specified by DHS. Service Documentation The Grantee aggress to maintain program records required by OHS, program statistical records required by DHS, and to produce program narrative and statistical data at times prescribed by, and on forms furnished by, OHS. -11 - CM-E158 (Rev. 12-11) Previous edition obsolete. MS Word M. Fiscal Requirements The Grantee shall comply with all accounting practices. The Grantee shall install and maintain an accounting system to identify and support all 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 compensation and other fringe benefits. The Grantee shall establish and maintain payroll records for all employees. The Grantee shall maintain payroll records to support amounts billed to DHS in accordance with the federal timekeeping requirements described in the applicable OMB Circular A-122, or OMB Circular A-87, or as codified in the Code of Federal Regulations. N. 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 DHS. 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. 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 include 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 DHS representative authorized to approve budget revisions is the Director, Office of Logistics and Rate Setting. The Grantee's request for DHS' approval must contain sufficient information to allow DHS to identify which budget line items are -12- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word to be increased and which line 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, incurred related to services provided under this Agreement. the Grantee may bill DHS 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: http://www.michigan.govklmb/0,1607,7-150-9141_13132---,00.html The Grantee can not charge DHS more for a provision of service than is charged to other entities for whom the Grantee provides services. 0. 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 DHS 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 DHS make payment to the Grantee for billings submitted more than 90 days after the end of a billing period. Obligations incurred prior to or after the period covered by this Agreement shall be excluded from the Grantee's monthly invoices. P. Federal Guidelines for Use of Juvenile Accountability Block Grant Funds This Agreement is subject to the following terms, conditions, and provisions: The Grantee agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. A current copy of the financial Guide can be found at the following website: www.ojp.usdoj.gov/financialguide/. The Grantee acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R., Section 42.302), that is approved by the Office for Civil Rights, is a -13- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. The Grantee understand and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. The Grantee must promptly refer to the DOJ GIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the GIG by: Mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue. N.W. Room 4706 Washington, D.C. 20530 Email: oighotlinegusdoj.gov Hotline: (contact information in English and Spanish): (800) 869-4499 Or hotline fax: (202) 616-9881 Additional information is available from the DOJ GIG website at www. usdoj.gov/oig The above information should also be reported to the Michigan Inspector General at the following: Michigan Department of Human Services Office of Inspector General 235 S. Grand Avenue, Suite 1115 Lansing, MI 48933 (517) 335-3899 — telephone number (517) 335-6364 — fax number The Grantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the -14- CM-F168 (Rev. 12-11) Previous edition obsolete. MS VVord Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. The Grantee agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf.28 C.F.R. parts 66, 70. Pursuant to Executive Order 13513, "Federal Leadership on Reduction Text Messaging While Driving," 74 Fed, Reg. 51225 (October 1, 2009), the Department encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. The Grantee agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first- tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs website at http://www.ojp.gov/funding/ccr.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements:, and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person [i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name]). The Grantee agrees to monitor all subawards for performance and fiscal integrity, including cash match. In addition, the Grantee will monitor all subrecipients to assure that required audits are performed. The Grantee agrees to comply with all Juvenile Accountability Block Grants (JABG) program requirements as outlined in the JABG Program Guidance Manual, Version 3.0 (September 2000) or future JABG Program Guidance Manuals, and JABG program regulations (28.C.F.R. Part 31). Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. In order for DHS to comply with Federal Funding Accountability and Transparency Act (FFATA), the contractor shall provide the following information: The names and total compensation of the five most highly compensated officers of the entity if the entity in the preceding fiscal year received 80 percent or more -15- CM-F158 (Rev. 12-11) Previous edition obsolete. MS word of its annual gross revenues in federal awards; and $25,000,000 or more in annual gross revenues from federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 780(d) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). The information may be mailed to the address below or FAX to (517) 335-6390. Michigan Department of Human Services Office of Logistics and Rate Setting Grant Tower, Suite 1201 P. O. Box 30037 Lansing, MI 48909 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. 0. 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: 1. 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.gov/ichat The Michigan Public Sex Offender registry web address is http://vvww.mipsor.state.mi.us . The National Sex Offender Public VVebsite address is http:www.nsopw.gov. 2. Children under this Agreement. a Central Registry (CR) check. Information about CR can be found at http:mi.gov/dhs/0.1607,7-124- 5452_711948339-180331--,00.html. -16- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word 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 ICHAT 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 volunteers 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 costs of employment for the period that the required checks had not been completed. R. Support of Wages Charged on the Statement of Expenditures Upon request of DHS, the Grantee shall submit employee activity sheets to support the amount of wages charged on the Statement of Expenditures. DHS will identify a specific Statement of Expenditures and request the Grantee to submit all employee activity sheets for employees who were charged in whole or in part to DHS, along with any other schedules or workpapers necessary to -17- CM-Fl 58 (Rev. 12-11) Previous edition obsolete. MS Word support the amount of wages charged, in accordance with the appropriate federal circular. The Grantee shall provide the requested information no later than 10 days after the request. If, after review of the information, DHS determines that the Grantee is in substantial compliance with documentation requirements related to compensation, DHS will communicate with the Grantee that no further action is necessary. In the event the Grantee cannot support the amount of wages charged on the Statement of Expenditures, DHS may, at its discretion, request recoupment for the difference between the amount charged and the amount that can be supported by the activity sheets. II. DHS RESPONSIBILITIES A. Payment OHS shall make payments to the Grantee within forty-five (45) days after receipt by OHS 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 Agreement OHS hereby agrees to pay the Grantee an amount not to exceed Ninety-seven thousand, six hundred twenty-one dollars and 00/100 ($97,621.00) for services performed in accordance with the terms of this Agreement exclusively during the period April 1,2012 to March 31, 2013. 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. III. GENERAL PROVISIONS — PUBLIC A. Conclusion, Termination, and Cancellation Terms 1. OHS' Source of Funds-Termination OHS' 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 OHS to continue or expand activities -18- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word covered by this Agreement. Funding for services to be provided beyond the end of the initial state fiscal year is dependent on legislative appropriation. DHS may terminate this Agreement immediately upon written notice to the Grantee 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 DHS may cancel this Agreement upon 30 days written notice if DHS determines that the Grantee, 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 Grantee 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 Grantee written notice of such cancellation 30 days prior to the date of cancellation. The Grantee may terminate this Agreement upon 30 days written notice to DHS at any time prior to the completion of the Agreement period. In case of default by the Grantee, DHS may immediately cancel this Agreement without further liability to DHS or its employees, and procure the services from other sources. In addition, DHS may immediately cancel this Agreement without further liability to DHS or its employees if the Grantee, an officer of the Grantee, or an owner of a 25% or greater share of the Grantee 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 Grantee's business integrity. 3. Stop Work Orders DHS may. at any time, by written stop work order to the Grantee, require that the Grantee stop all, or any part, of the work called for by the -19 CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word Agreement for a period of up to 90 calendar days after the stop work order is delivered to the Grantee, 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 Grantee shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the stop work order during the period of work stoppage. If a stop vvork order issued under this section of the Agreement is canceled or the period of the stop work order or any extension thereof expires, the Grantee 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 Grantee's cost properly allocable to the performance of any part of this Agreement; and (b) the Grantee asserts its right to an equitable adjustment within 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 Grantee 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 Grantee shall provide DHS, within 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 Grantee shall immediately refund to DHS any payments or funds advanced to the Grantee in excess of allowable reimbursable expenditures. 2. Fixed Assets DHS 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 in part to DHS by the Grantee. Fixed asset costs billed to DHS shall be limited to straight-line determination or a use charge pre-approved by DHS and shall be used only for the performance of the Agreement unless another use is authorized in writing by DHS. At least 60 days prior to the end date of this Agreement (which includes cancellation of the Agreement) the Grantee shall report to DHS the book -20- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word value of all fixed assets and non-consumables purchased with DHS funds and not fully utilized by the end of the Agreement. The Grantee shall request written instructions regarding the disposal of these fixed assets and consumable and/or non-consumable supplies that have been acquired with funds under this Agreement. Any gain on the sale or disposition of fixed assets before completion of this Agreement must be immediately reported and refunded to DHS. No disposal, sale or transfer of fixed assets purchased 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 Grantee or rights of DHS contained in Section III, Examination and Maintenance of Records" and Section III, "Closeout" of this Agreement. C. Compliance with Rules and Regulations Compliance with Federal and State Requirements The Grantee 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, including 28 C.F.R. Parts 22, 31, 33, 35, 38 and 42 and 42 USC 2000d. et seq. This shall include, but shall not be limited to, those laws and regulations that could have a material effect on the federal program. In addition, the Grantee 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 Grantee shall comply with all Federal Office of Management and Budget circulars that 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 Principles for Government Special Federal Grant Provisions -21 - CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word The Grantee shall keep informed 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 Michigan 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 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. Compliance with Civil Rights, Other Laws The Grantee 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 Title VI and VII of the Civil Rights Act, 42 USC 2000d et seq. and the Elliott-Larson Civil Rights Act, MCL 37.2804 et seq. The Grantee shall also comply with the provisions of the Americans with Disabilities Act of 1990, 42 USC 12101 et. Seq., Michigan Persons with Disabilities Civil Rights Act (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. The Grantee shall comply with HIPAA. regulations at 42 C.F.R. Part 160 and Part 164. The Grantee 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. 4. 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 Support Religious Activities -22- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word The Grantee 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 Grantee 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 Grantee shall strictly adhere to provisions of federal law and regulation, including those found in 42 U.S.C. 604a. D. Fees and Other Sources of Funding The Grantee 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 Grantee agrees to deduct from the amount billed to DHS the greater of either the fee amounts, or the actual costs of the services provided. The Grantee may not accept reimbursement from a client unless the Agreement specifically authorizes such reimbursement in the " Grantee Responsibility" section. In such case, a detailed fee scale and criteria for charging the fee must be included. If the Grantee accepts reimbursement from a client in accordance with the terms of the Agreement, the Grantee 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 DHS may be billed for the amount of the co-pay. No supplemental billing is allowed. E. Confidentiality The Grantee 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 Grantee must mean all non- public proprietary information of the Grantee (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 Grantee by the state under its -23- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word performance under this Agreement, is marked as confidential, proprietary or with a similar designation by the state. Confidential information includes information made privileged or confidential under federal and state laws and excludes any information (including this Agreement) that is publicly available under the Michigan Freedom Of Information Act. 2. The state and the Grantee 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 Grantee nor the state will (i) make any use of the confidential information of the other except as contemplated by this 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 party. 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 Grantee 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 Grantee and of any subcontractor having access or continued access to the state's confidential information may be required to execute an acknowledgement that the employee has been advised of the Grantee's and the subcontractor's obligations under this section and of the employee's obligation to the Grantee 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 Grantee must certify to the state that the Grantee has destroyed all state confidential information. F. Examination and Maintenance of Records The Grantee shall permit DHS 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 Grantee shall retain all books, records or other documents relevant to this Agreement for six years after final payment, at the Grantee's cost. Federal auditors and any persons duly authorized by DHS 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 Grantee. DHS shall adjust -24- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word future payments or final payment if the findings of an audit indicate over payment to the Grantee in any period prior to the audit. If no payments are due and owing the Grantee, the Grantee shall refund all amounts which may be due DHS within 60 days notice by DHS. The Grantee shall assure, as a condition of any sale or transfer of ownership of the Grantee 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 Grantee shall otherwise maintain said records as DHS may direct. If business operations cease, the Grantee shall maintain records as DHS may direct. The Grantee shall notify DHS when and if the Grantee operations cease during the six-year period after final payments and provide for appropriate storage of records at the Grantee's expense. The Grantee shall, as a provision of the Agreement between the Grantee and the auditor, assure that DHS 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 Grantee shall comply with all program and fiscal reporting procedures as are or may hereinafter be established by DHS. The Grantee shall also comply with all reporting procedures established by DHS 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, day and year as specified by DHS. In all electronic filings, four digits shall be used to designate century. Any additional reports as deemed necessary by DHS shall be made and submitted by the Grantee upon request. 2. Monitoring Requirements DHS reserves the right to perform scheduled and unscheduled on-site visits during normal business hours. to monitor the Grantee's activities under this Agreement at any time, either during the term, or within three years after termination of the Agreement. The Grantee shall cooperate with DHS during the monitoring process by making available all records, facilities, and other resources necessary to perform the review. If DHS detects noncompliance with this Agreement, and/or questioned costs during the course of its review, these items shall be identified and conveyed to the Grantee in an exit conference. DHS shall provide the Grantee with a detailed written report of these findings within 60 days of the -25- 58 (Rev. 12-11) Previous edition obsolete. MS Word exit conference. The Grantee is required to address each item in DHS' report by providing a Corrective Action Plan (CAP) to eliminate or correct each issue of noncompliance. The Grantee shall submit the Corrective action plan to DHS within 60 days from issuance of DHS' report. If DHS identifies questioned costs that cannot be substantiated, DHS may, at its discretion, and after consultation with the Grantee, require the Grantee to submit a revised "Statement of Expenditures" to reflect adjustment for disallowed costs. Submission of revised billings to DHS shall be made within a time schedule established by DHS and the Grantee. If the Grantee fails to comply with monitoring requirements as set forth in this Agreement, and within allotted time frames mutually established, DHS may, at its discretion, invoke sanctions on the Grantee, 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 Grantee and issues an audit report with a finding of a Going Concern, the Grantee must submit this audit report to the DHS Office of Monitoring and Internal Controls within 10 days from the date of the audit report. The submission of this audit report to DHS is required regardless of whether an audit is required under this Agreement. A Grantee receiving a Going Concern must submit a financial plan to the DHS Office of Monitoring and Internal Controls 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 Grantee to either timely submit the audit report with the Going Concern, or timely submit a financial plan, or DHS' rejection of the Grantee'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 Controls Grand Tower, Suite 1112 PO Box 30037 Lansing, MI 48909 H. Recoupment of Funding and Repayment of Debts. 1. Recoupment of Funding -26- . CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word If the Grantee fails to comply with monitoring requirements as set forth in this Agreement, or fails to submit a revised "Statement of Expenditures' within allotted time frames established by DHS in consultation with the Grantee, DHS may, at its discretion, recoup or require the Grantee to reimburse payments made under this Agreement which DHS has determined that the Grantee has been overpaid. The Grantee is liable for any cost incurred by DHS in the recoupment of any funding. Upon notification by DHS that repayment is required, the Grantee shall make payment directly to DHS 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 Grantee. If the Grantee fails to: (1) correct noncompliance activities identified by DHS, (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 DHS' agreements with the Grantee. DHS shall also report noncompliance of the Grantee to Michigan's Department of Management and Budget. Such report may result in the Grantee's debarment from further contracts with the state of Michigan. 2. Repayment of Debts and Other Amounts due DHS By entering into this Agreement, the Grantee agrees to honor all prior repayment agreements established by DHS with the Grantee or Grantee's predecessors. If the Grantee has an outstanding debt due to DHS but does not have a repayment agreement, the Grantee 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 Grantee fails to honor prior repayment agreements, or the Grantee fails to begin repayment on an obligation due DHS that is not subject to a repayment agreement, DHS will initiate the administrative process to reduce payments to the Grantee 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. Publication - Approval and Copyright 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 Grantee shall not publish or distribute any printed or visual -27- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word material relating to the services provided under this Agreement without prior written permission of the state of Michigan. The Grantee acknowledges that the Office of Justice Programs reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) the copyright in any work developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The Grantee acknowledges that the Office of Justice Programs has the right to: (1) obtain, reproduce, publish or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. It is the responsibility of the Grantee (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. If the Grantee or an agent of the Grantee 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 with state of Michigan funds, the Grantee 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 of 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 DHS. No results of the activities associated with the Agreement are to be released without prior written approval of DHS and then only to persons designated. Any website that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a web-based service, including any pages that provide results or outputs from the service: "This website is funded through a grant from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. -28- CM-Fl 58 (Rev. 12-11) Previous edition obsolete. Ms Word Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessary endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. J. Subcontracts The Grantee shall not assign this Agreement or subcontract this Agreement to other parties without obtaining prior written approval of the OHS Office of Logistics 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 Grantee shall be responsible for the performance of all assignees or subcontractors. If subcontracting, the Grantee must obligate the subcontractors to maintain the confidentiality of DHS' client information in conformance with state and federal requirements. At DHS' request, any employee of the Grantee and of any subcontractor having access or continued access to OHS' confidential information may be required to execute an acknowledgment that the employee has been advised of the Grantee's and the subcontractor's obligations under this section and of the employee's obligation to DHS, the Grantee or subcontractor, as the case may be, to protect such confidential information from unauthorized use or disclosure. K. Disputes The Grantee shall notify OHS in writing of intent to pursue a claim against DHS for breach of any terms of this Agreement. No suit may be commenced by the Grantee for breach of this Agreement prior to the expiration of 90 days from the date of such notification. Within this 90 day period. the Grantee, at the request of DHS, must meet with the Director of OHS or designee for the purpose of attempting resolution of the dispute. Agreement Inclusiveness This Agreement contains all the terms and conditions agreed upon by the parties. 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. -29- CM-F158 (Rev. 12-11 ) Previous edition obsolete. MS Word M. Reporting of Retiree Employment All other provisions of this Agreement notwithstanding, the Grantee shall provide written notification within 15 days of hiring to DHS Office of Human Resources (HR) the name, social security number, and work site of any state of Michigan retiree under their employ. Failure to notify HR 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 HR. 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 $100,000, as defined at 28 CFR Part 69, the Grantee 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-awards at all tiers (including sub-grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 0. Certification Regarding Debarment, Suspension, and Other Responsibility Matters The Grantee certifies that they and their principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal -30- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word 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 Grantee shall attach an explanation to this Agreement. The Grantee shall promptly notify DHS of any criminal litigation, investigations or proceeding which may have arisen or may arise involving the Grantee or any of the Grantee'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 15 business days after the Grantee learns about any such criminal or civil investigations and within 15 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 Grantee shall disclose if any terms of such settlement would impede the Grantee's performance of this Agreement. The Grantee may rely on similar good faith certifications of its subcontractors, which certification shall be available for inspection at the option of DHS. The Grantee certifies to the best of its knowledge that within the past three years, the Grantee has not: 1. Failed to substantially perform a state contract or subcontract according to its terms, conditions, and specifications within specified time limits. -31- CM-Fl 58 (Rev. 12-11) Previous edition obsolete. MS Word 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 Grantee shall include Section 0. (Certification Regarding Debarment, Suspension. and Other Responsibility Matters) language as written above in all subcontracts with other parties. The Grantee shall require each primary subcontractor, whose subcontract will exceed $25,000, to disclose to the Grantee, 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 Grantee shall then inform DHS of the subcontractor's status and reasons for the Grantee's decision to use such subcontractor, if the Grantee so decides. If it is determined that the Grantee 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 Grantee of proposed debarment indicating the grounds for proposed debarment and the procedures for requesting a hearing. If the Grantee does not respond with a written request for a hearing within 20 calendar days, the state shall issue the decision to debar without a hearing. The debarment period may be of any length up to eight years. After the debarment period expires, the Grantee may reapply for inclusion on bidder lists through the regular application process by authority of Executive Order 2003-1. P. Governing Law 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. Q. Severability 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 -32- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word Agreement shall be declared invalid, the remaining provisions of this Agreement shall remain in full force and effect. R. Amendment 1. Federal or State Laws or Regulations The Grantee 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 Grantee refuses to sign such amendment within 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. 2. 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 Grantee 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 Grantee 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 Grantee does not so notify the state, the Grantee 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 Grantee written notice within a reasonable time, the state must be entitled to accept a Grantee proposal for change, to reject it, or to reach another agreement with Grantee. 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. c. If the state requests or directs the Grantee to perform any activities that Grantee believes constitute a change, the Grantee must notify the state -33- CM-F158 (Rev. 12-11) Previous edition obsolete. MS Word that it believes the requested activities are a change before beginning to work on the requested activities. If the Grantee fails to notify the state before beginning to work on the requested activities, then the Grantee waives any right to assert any claim for additional compensation or time for performing the requested activities. If the Grantee commences performing work outside the scope of this Agreement and then ceases performing that work, the Grantee must, at the request of the state, retract any out-of-scope work that would adversely affect this Agreement. S. Options to Renew At the 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 two additional one-year periods. T. Notice and Right to Cure If the Grantee breaches this Agreement, and DHS, in its sole discretion, determines that the breach is curable, then DHS must provide the Grantee with written notice of the breach and a time period (not less than 30 days) to cure the breach. The notice of breach and opportunity to cure is inapplicable for successive or repeated breaches or if DHS determines, in its sole discretion, that the breach poses a serious and imminent threat to the health and safety of any person or the imminent loss, damage, or destruction of any real or tangible personal property. -34- CM-11158 (Rev. 12-11) Previous edition obsolete. MS \Nord Dated at this day of By: Oakland County , Michigan The Undersigned has the lawful authority to bind the Grantee to the terms set forth in this Agreement. Dated at , Michigan DEPARTMENT OF HUMAN SERVICES this day of By: Director or Designee Contract #: JAIBG-12-63001 35- CM-Fl 58 (Rev. 12-11) Previous edition obsolete. MS Word Rate Units UOM: Total Grant: Local A mount .i:":ation Officer r Teen Coui-t 1.000:43,534.000 0.000: .00 •3 ir Ince 13009 1500 ..).000 : 134.00: •:: •iriidlon 1.000: 105.000 0.000 : 109.00: siority 1.000: 3,009.000 0.000 • 3,009,00 1.0001 704.000 0.800 : 704.00. 301.00 70.00 400.00 1 - 00 4,051.00 ii)enses 1.000 3,922.0i 3,022.00: 3 : 392.00 ncement - install Secure 0.000 9,500.00: 0.00 950.00 I 1 - Facilitator for Art "Chrourin Photog 1.000 2,000.000 i 0.000: 2,000.00 :1,800.00 200.00 --. is 1:3iTURES go Benefits 3000 :19,532.2M :1...thA 1 . 1,000 17 ".2-70 1 177,00: 11.000: 1592105 . 159.00: ;a Benefits 40,505,00: ual Services 18,00 11.00 Page. 1 at 2 0. Budget Details and Summaries Budget Detail for Juvenile Accountability Block Grant -2012 'any: OAland County r 3:1c •icri: juvenile Accountability Block Grant -2012 Page 2 of 2 Budget Summary for Juvenile Accountability Block Grant - 2012 Agency: Oakland County Application: Juvenile Accountability Block Grant -2012 < . (tt Expenses 44,511.00 4C .01,),00 0.00 0.00 0.00 0.00 0.00 0,00 3,922.00 3,530.00 392.00 . ......„ . .. ... .. 0.00 0,500.10 '::.,....-:'..1,0,,C):) 7:1.1,00 ...„ .. .... „).00 URES 0.00 108.467.00 97,621.00 10,846.00 FISCAL NOTE (MISC . #12047) March 7,2012 BY: Finance Committee, Tom Middleton, Chairperson IN RE: PROSECUTING ATTORNEY, CIRCUIT COURT FAMILY DIVISION, AND CHILDRENS VILLAGE — PROGRAM YEAR 2012 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 to the Prosecuting Attorney, Circuit Court-Family Division, and Children's Village under the Juvenile Accountability Block Grant (JABG) for the period of April 1, 2012 through March 31, 2013. 2. The grant award is $108,467 and provides funding for the following projects: - Children's Village Sallyport Renovations —Secure Detention Pedestrian Door Addition installation of $9,500 - Children's Village — Purchase Training/Treatment Materials of $3,922 - Prosecutor Accountability — Teen Court program continuation cost of Probation Officer position of $93,045 - Circuit Court Juvenile Drug Court Art Through Photography program continuation subcontract for consultant facilitator $2,000. 3. The State contribution is $97,621 (90%) and the County grant match is $10,846 (10%), all of which is included in the General Fund Non-departmental grant match line item in the Fiscal Year 2012 Adopted Budget. 4. In addition to the County match requirements, the County is expected to incur administrative and support costs of $4,417, which have been included in the Fiscal Year 2012 budget. This grant does not allow for recovery of those costs. 5. The grant continues funding for one (1) FTE Probation Officer I (position number 4010201- 122060-09330), as well as, contractual consultant services, contractual services, and program training supplies, 6. The FY 2012 budget is amended as follows: GENERAL FUND (#10100) 9090101-196030-730800 9010101-112700-788001-20293 3010401-121240-788001-27365 4010201-122060-788001-27365 Total General Fund Adopted FY 2012 Grant Match $ 1,160,000 Transfers Out 23,347,678 Transfers Out 5,139,405 Transfers Out 855,589 $30,502,672 Amended Amendment Budget FY 2012 FY2012 ($ 10,846) $ 1,149,154 1,342 23,349,020 200 5,139,605 9,304 864,893 $ -0- $30,502,672 CHILD CARE FUND (#20293) Revenue 9090101-112700-695500-10100 Transfer In—Gen Fund $23,347,678 Total Revenue $23,347,678 $ 1,342 $23,349,020 $ 1,342 $23,349,020 Expense 1060501-112090-788001-27365 CV Transfers Out Total Expense $ 1,342 $ 1,342 $ 1,342 $ 1,342 JABG GRANT FUND (#27365) Grant Number: GR0000000596 Revenues 4010201-122060-610313 Grants — Federal 4010201-122060-695500-10100 Transfers In 3010401-121240-610313 Grants - Federal 3010401-121240-695500-10100 Transfers In $ 72,416 8,044 1,800 200 $ 11,325 $ 83,741 1,260 9,304 0 1,800 0 200 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Greimel absent. 1060501-112090-610313 Grants - Federal 1060501-112090-695500-20293Transfers In Total JABG Grant Fund Revenues 41,071 4,564 $128,095 (28,991) 12,080 (3,222) 1,342 ($19.628) $108,467 Expenditures 4010201-122060-702010 4010201-122060-722740 4010201-122060-750170 3010401-121240-730373 1060501-112090-730373 1060501-112090-750294 P.A. - Salaries $48,534 P.A. - Fringe Benefits 30,426 P.A. - Other Exp. Equip. 1,500 C.C. - Contracted Svcs 2,000 CV - Contracted Svcs 45,635 CV - Material and Supps 0 0 $48,534 14,085 44,511 ( 1,500) 0 0 2,000 ( 36,135) 9,500 3.922 3,922 Total JABG Grant Fund Expenditures $128.095 ($ 19.628) $108,467 FINANCE COMMITTEE Resolution #12047 March 7, 2012 Moved by Taub supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (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). I 1.!1;LaY APPROVE ;If FOREGOINVIESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., 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 March 7, 2012, 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 7th day of March, 2012. R,d2J2 Bill Bullard Jr., Oakland County