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HomeMy WebLinkAboutResolutions - 2000.09.21 - 26233MISCELLANEOUS RESOLUTION#00233 September 21, 2000 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: PROSECUTING ATTORNEY & SHERIFF'S DEPARTMENT - FY 2001 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Community Health, Office of Drug Control Policy has awarded the Oakland County Narcotics Enforcement Team (NET) grant funding from the Byrne Formula Grant Program in the amount of $432,000 for the period of October 1, 2000 through September 30, 2001; and WHEREAS this is the tenth (10) year of grant acceptance for this program; and WHEREAS Oakland County has been awarded a grant totaling $432,000 comprised of Federal funds, $216,000 (50%); State NET Funds, $54,572 (12.6%); and County portion, $161,428 (37.4%), which has zero variance from the revised application, for the grant period covering October 1, 2000 through September 30, 2001; and WHEREAS this grant will be used to continue the Oakland County's Narcotics Task Force Program, which investigates and prosecutes large-scale drug conspiracies operating in Oakland County, as originally authorized under the Anti-Drug Abuse Act (ADAA) of 1988; and WHEREAS staffing is to remain at current levels and the required grant match has been included in the FY 2001 Finance Committee recommended budget, no additional appropriation is required; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the Department of Community Health, Office of Drug Control Policy in the amount of $216,000, State NET Funds of $54,572, and a county match of $161,428, for a total program cost of $432,000 covering October 1, 2000 through September 30, 2001. 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 are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of the special revenue positions in the grant are contingent upon continued future levels of grant funding. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FIN CE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Jensen and Millard absent. Account Number Dept/OCA/PCA/Obiect Number of Positions: 1999/2000 Award 4 2000/2001 Application 4 Variance Inc/(Dec) 0 Variance Percentage 216,000 50.0% 216,000 50.0% 54,572 12.6% 54,572 12.6% 161,428 37.4% 161,428 37.4% $432,000 100% $432,000 100% ZS= $0 0.00% 0.00% 0.00% 0.00% Staffing Level: Asst. Prosecuting Attorney IV Asst. Prosecuting Attorney III Clerk I 1 2 1 4 1 2 1 4 Attachment "A" (Revised) OFFICE OF THE PROSECUTING ATTORNEY Oakland County Narcotics Task Force Grant 1999/2000 Award Compared to 200012001 Application Personnel Costs: 41-294418-10000-2001 41-294418-10000-2074 Operating Costs: 41-294438-10000-3292 41-294438-10000-3740 41-294448-10000-4252 41-294448-10000-6631 41-294448-10000-6636 41-294448-10000-6660 41-294448-10000-6675 Funding Source: 41-194408-10000-0113 41-194408-10000-0183 41-194408-10000-0167 Salaries Fringe Benefits Total Personnel Costs Personal Mileage Transportation Supplies Building Space Rental Equipment Radio Communications Telephone Communications Total Operating Costs GRANT TOTAL Federal Funds State (NET Funds) County Match TOTAL 246,753 96,233 342,986 3,920 76,932 0 6,274 0 480 1,408 89,014 $432,000 245,439 98,176 343,615 3,920 75,401 604 6,500 0 0 1,960 88,385 $432,000 (1,314) 1,943 629 0.18% 0 (1,531) 604 226 0 (480) 552 (629) -0.71% $0 0.00% Prepared by Fiscal Services Account Number Dept/OCA/PCA/Object Number of Positions: 1999/2000 Budget 4 2000/2001 Application (Rev.) Award Amend 4 2000/2001 4 Personal Mileage Transportation Supplies Building Space Rental Equipment Radio Communications Telephone Communications Total Operating Costs GRANT TOTAL Federal Funds State (NET Funds) County Match TOTAL $ 246,753 96,233 $ 342,986 $ 3,920 76,932 0 6,274 0 480 1,408 $ 89,014 $ 432,000 $ 245,439 98,176 $ 343,615 $ 3,920 75,401 604 6,500 0 0 1,960 $ 88,385 $ 432,000 Staffing Level: Asst. Prosecuting Attorney IV Asst. Prosecuting Attorney III Clerk I 1 2 1 1 2 1 1 2 1 4 • Attch B OFFICE OF THE PROSECUTING ATTORNEY Oakland County Narcotics Task Force Grant 2000/2001 Application to 2000/2001 Award Personnel Costs: 41-294418-10000-2001 Salaries 41-294418-10000-2074 Fringe Benefits Total Personnel Costs $ 216,000 50.0% $ 216,000 50.0% 54,572 12.6% 54,572 12.6% 161,428 37.4% 161,428 37.4% $ 432,000 100% $ 432,000 100% Operating Costs: 41-294438-10000-3292 41-294438-10000-3740 41-294448-10000-4252 41-294448-10000-6631 41-294448-10000-6636 41-294448-10000-6660 41-294448-10000-6675 Funding Source: 41-194408-10000-0113 41-194408-10000-0183 41-194408-10000-0167 $ 245,439 $ (1,314) 98,176 1,943 $ 343,615 $ 629 $ 3,920 $ - 75,401 (1,531) 604 604 6,500 226 0 0 0 (480) 1,960 552 $ 88,385 $ (629) $ 432,000 $ 216,000 54,572 161,428 $ 432,000 REPORT TO: THE CHAIRPERSON, OAKLAND COUNTY BOARD OF COMMISSIONERS BY: Fiscal Services Division IN RE: PROSECUTING ATTORNEY — FY 2001 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM GRANT The Fiscal Services Division has reviewed the above referenced grant application and fmds: 1) The Office of the Prosecuting Attorney is submitting a revised application for the NET Grant. 2) This is the tenth (10) year of the grant application with Michigan Department of Community Health through the Office of Drug Control Policy. The Prosecuting Attorney is requesting funding of salaries and fringe benefits for one (1) Principal Attorney, two (2) Assistant Prosecuting Attorneys and one (1) Clerk position. This is a reduction in the original application from three (3) to two (2) in Assistant Prosecuting Attorney positions. The grant application also includes funding for vehicles, supplies, communications expenses, and building space costs. Equipment requested in the original application is no longer included. 3) The granting period is October 1,2000 through September 30, 2001. 4) The revised application requests funding in the amount of $432,000, which is the same as the current award. Funding sources are as follows: Federal Funds, $216,000 (50%), State (NET) Funds, $54,572 (12.6 %), and County Match, $161,428 (37.4%). This is detailed in the attached Schedule A (Revised). Required county match funds are maintained in account 211000 10000 2872 identified on page 202 of the Biennial Budget and General Appropriations Act. 5) The Grant appears of page 388 of the Biennial budget and General Appropriations Act, as adopted and amended on September 23, 1999. The Grant dollars are maintained in account 194408 10000. 6) Application and acceptance of this grant does not obligate the county to any future commitment and continuation of the special revenue positions in the grant is contingent upon continued future levels of grant funding. Informational Copy: Public Services Committee Personnel Committee Finance Committee OAKLAND COUNTY, MICHIGAN GRANT & REIMBURSEMENT AGREEMENT The information below is to be completed by the Fiscal Services Division with the assistance of and the Department/Elected Official requesting the grant/reimbursement agreement. This form must be attached to the grant/reimbursement agreement acceptance resolution. Please fill in the date the following actions were completed. (Complete either Section I or II on each program; Section III to be completed if necessary): I. REIMBURSEMENT APPLICATIONS & AND ON-GOING GRANT APPLICATIONS LESS THAN 15% VARIANCE FROM BUDGET A. Fiscal Service Division Report forwarded to Board Chairperson B. Informational copy of Fiscal Services Division Report received to liaison committee C. Board Chairperson's Signature II. NEW GRANTS OR ON-GOING GRANTS GREATER THAN 15% FROM BUDGET A. Liaison Committee approval of Application Report (prepared by Fiscal Services Division) 3/28/00 B. Information copies received by Finance Committee (grant match) and/or Personnel Committee (position changes)- if applicable 2/28/00 C. Board Chairperson's Signature 3/1/00 III. REVISION TO GRANT APPLICATION A. Liaison Committee receipt of Fiscal Services report detailing changes in the previously approved application 8/1/00 B. Board Chairperson's Signature 8/1/00 Prosecuting Attorney FY 2001 NET Grant MISCELLANEOUS RESOLUTION#00233 September 21, 2000 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: PROSECUTING ATTORNEY & SHERIFF'S DEPARTMENT - FY 2001 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Community Health, Office of Drug Control Policy has awarded the Oakland County Narcotics Enforcement Team (NET) grant funding from the Byrne Formula Grant Program in the amount of $432,000 for the period of October 1, 2000 through September 30, 2001; and WHEREAS this is the tenth (10) year of grant acceptance for this program; and WHEREAS Oakland County has been awarded a grant totaling $432,000 comprised of Federal funds, $216,000 (50t); State NET Funds, $54,572 (12.6t); and County portion, $161,428 (37.4t), which has zero variance from the revised application, for the grant period covering October 1, 2000 through September 30, 2001; and WHEREAS this grant will be used to continue the Oakland County's Narcotics Task Force Program, which investigates and prosecutes large-scale drug conspiracies operating in Oakland County, as originally authorized under the Anti-Drug Abuse Act (ADAA) of 1988; and WHEREAS staffing is to remain at current levels and the required grant match has been included in the FY 2001 Finance Committee recommended budget, no additional appropriation is required; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the Department of Community Health, Office of Drug Control Policy in the amount of $216,000, State NET Funds of $54,572, and a county match of $161,428, for a total program cost of $432,000 covering October 1, 2000 through September 30, 2001. 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 (15t) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of the special revenue positions in the grant are contingent upon continued future levels of grant funding. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FIN CE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Jensen and Millard absent. Variance Inc/(Dec) 0 Variance Percentage 216,000 50.0% 216,000 50.0% 54,572 12.6% 54,572 12.6% 161,428 37.4% 161,428 37.4% $432,000 100% $432,000 100% === $0 0.00% 0.00% 0.00% 0.00% Staffing Level: Asst. Prosecuting Attorney IV Asst. Prosecuting Attorney III Clerk I 1 2 1 4 1 2 1 4 Attachment "A" (Revised) OFFICE OF THE PROSECUTING ATTORNEY Oakland County Narcotics Task Force Grant 1999/2000 Award Compared to 2000/2001 Application Account Number Dept/OCA/PCA/Obiect Number of Positions: Personnel Costs: 41-294418-10000-2001 Salaries 41-294418-10000-2074 Fringe Benefits Total Personnel Costs 1999/2000 Award 4 246,753 96,233 342,986 2000/2001 Application 4 245,439 98,176 343,615 (1,314) 1,943 629 0.18% Operating Costs: 41-294438-10000-3292 41-294438-10000-3740 41-294448-10000-4252 41-294448-10000-6631 41-294448-10000-6636 41-2134448-10000-6660 41-294448-10000-6675 Funding Source: 41-194408-10000-0113 41-194408-10000-0183 41-194408-10000-0167 Personal Mileage Transportation Supplies Building Space Rental Equipment Radio Communications Telephone Communications Total Operating Costs GRANT TOTAL Federal Funds State (NET Funds) County Match TOTAL 3,920 76,932 6,274 0 480 1,408 89,014 $432,000 3,920 75,401 604 6,500 1,960 88,385 $432,000 0 (1,531) 604 226 0 (480) 552 (629) -0.71% $0 0.00% Prepared by Fiscal Services Account Number DeptIOCA/PCA/Obiect Number of Positions: 1999/2000 Budget 4 2000/2001 Application (Rev.) Award Amend 4 2000/2001 4 Personal Mileage Transportation Supplies Building Space Rental Equipment Radio Communications Telephone Communications Total Operating Costs GRANT TOTAL Federal Funds State (NET Funds) County Match TOTAL $ 245,439 98,176 $ 343,615 $ 3,920 75,401 604 6,500 0 0 1,960 $ 88,385 $ 432,000 $ 246,753 96,233 $ 342,986 $ 3,920 76,932 0 6,274 0 480 1,408 $ 89,014 $ 432,000 Staffing Level: Asst. Prosecuting Attorney IV Asst. Prosecuting Attorney Ill Clerk I 1 2 1 1 2 1 1 2 1 • Attch B OFFICE OF THE PROSECUTING ATTORNEY Oakland County Narcotics Task Force Grant 200012001 Application to 200012001 Award Personnel Costs: 41-294418-10000-2001 Salaries 41-294418-10000-2074 Fringe Benefits Total Personnel Costs $ 216,000 50.0% $ 216,000 50.0% 54,572 12.6% 54,572 12.6% 161,428 37.4% 161,428 37.4% $ 432,000 100% $ 432,000 100% Operating Costs: 41-294438-10000-3292 41-294438-10000-3740 41-294448-10000-4252 41-294448-10000-6631 41-294448-10000-6636 41-294448-10000-6660 41-294448-10000-6675 Funding Source: 41-194408-10000-0113 41-194408-10000-0183 41-194408-10000-0167 $ 245,439 $ (1,314) 98,176 1,943 $ 343,615 $ 629 $ 3,920 $ - 75,401 (1,531) 604 604 6,500 226 0 0 0 (480) 1,960 552 $ 88,385 $ (629) $ 432,000 $ 216,000 54,572 161,428 $ 432,000 REPORT TO: THE CHAIRPERSON, OAKLAND COUNTY BOARD OF COMMISSIONERS BY: Fiscal Services Division IN RE: PROSECUTING ATTORNEY — FY 2001 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM GRANT The Fiscal Services Division has reviewed the above referenced grant application and finds: 1) The Office of the Prosecuting Attorney is submitting a revised application for the NET Grant. 2) This is the tenth (10) year of the grant application with Michigan Department of Community Health through the Office of Drug Control Policy. The Prosecuting Attorney is requesting funding of salaries and fringe benefits for one (1) Principal Attorney, two (2) Assistant Prosecuting Attorneys and one (1) Clerk position. This is a reduction in the original application from three (3) to two (2) in Assistant Prosecuting Attorney positions. The grant application also includes funding for vehicles, supplies, communications expenses, and building space costs. Equipment requested in the original application is no longer included. 3) The granting period is October 1, 2000 through September 30, 2001. 4) The revised application requests funding in the amount of $432,000, which is the same as the current award. Funding sources are as follows: Federal Funds, $216,000 (50%), State (NET) Funds, $54,572 (12.6 %), and County Match, $161,428 (37.4%). This is detailed in the attached Schedule A (Revised). Required county match funds are maintained in account 211000 10000 2872 identified on page 202 of the Biennial Budget and General Appropriations Act. 5) The Grant appears of page 388 of the Biennial budget and General Appropriations Act, as adopted and amended on September 23, 1999. The Grant dollars are maintained in account 194408 10000. 6) Application and acceptance of this grant does not obligate the county to any future commitment and continuation of the special revenue positions in the grant is contingent upon continued future levels of grant funding. Informational Copy: Public Services Committee Personnel Committee Finance Committee OAKLAND COUNTY, MICHIGAN GRANT & REIMBURSEMENT AGREEMENT The information below is to be completed by the Fiscal Services Division with the assistance of and the Department/Elected Official requesting the grant/reimbursement agreement. This form must be attached to the grant/reimbursement agreement acceptance resolution. Please fill in the date the following actions were completed. (Complete either Section I or II on each program; Section III to be completed if necessary): I. REIMBURSEMENT APPLICATIONS & AND ON-GOING GRANT APPLICATIONS LESS THAN 15% VARIANCE FROM BUDGET A. Fiscal Service Division Report forwarded to Board Chairperson B. Informational copy of Fiscal Services Division Report received to liaison committee C. Board Chairperson's Signature II. NEW GRANTS OR ON-GOING GRANTS GREATER THAN 15% FROM BUDGET A. Liaison Committee approval of Application Report (prepared by Fiscal Services Division) 3/28/00 B. Information copies received by Finance Committee (grant match) and/or Personnel Committee (position changes)- if applicable 2/28/00 C. Board Chairperson's Signature 3/1/00 III. REVISION TO GRANT APPLICATION A. Liaison Committee receipt of Fiscal Services report detailing changes in the previously approved application 8/1/00 B. Board Chairperson's Signature 8/1/00 Prosecuting Attorney FY 2001 NET Grant STATE OF MICHIGAN ,r,sesari`"„ • lb"' %.44.4.4-0•14 JOHN ENGLER, Governor 'DEPARTMENT OF COMMUNITY HEALTH JAMES K. HAVEMAN, JR., Director OFFICE OF DRUG CONTROL POLICY DARNELL JACKSON, J.D., Director LEWIS CASS BLDG., SECOND FLOOR 320 SOUTH WALNUT ST., LANSING, MI 48913 TELEPHONE (517) 373-4700 • FAX (517) 373-2963 August 7, 2000 Captain Douglas Eader Oakland County Sheriffs Office P.O. Box 431430 Pontiac, MI 48343-1430 Dear Captain Eader: Re: Oakland County Narcotic Enforcement Team ODCP Project #70653-6K00 Enclosed please find three copies of the Contract for signature by the appropriate official. Please return the three copies of the Contract to our office no later than September 1, 2000, for a contract start date of October 1,2000. When the Contract has been fully executed by the Department of Community Health, a copy will be forwarded to you, together with all reporting forms for your project. Thank you for your immediate attention to this matter. Please direct your questions to Mark Menghini, Grant Advisor, at menahinim@state.mi.us or (517) 373-4316. Very truly yours, OFFICE OF DRUG CONTROL POLICY Ardith J. DaFoe, Drug Law Enforcement Grants Enclosure 01$ •00/1110 Cat MG. IMPIR Contract # P.O. # Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and Name: County of Oakland Address: P.O. Box 431430 Pontiac, MI 48343-1430 Federal I.D.#. 38-6004876 (hereinafter referred to as the "Contractor") for Oakland County Narcotic Enforcement Team, ODCP Project # 70653-6K00 Part I 1. Period of Agreement: This agreement shall commence on October 1. 2000, and continue through September 30, 2001 . 2. Program Budget and Agreement Amount: A. Agreement Amount The Department under the terms of this agreement will provide funding not to exceed $ 216000. The federal funding provided by the Department is approximately $ or 50%; the Catalog of Federal Domestic Assistance (CFDA) number is 16.579; and the CFDA Title is Byrne Memorial Formula Grants ; the federal grant award number is 2000 - DB - MU - 0026 and federal program title is FY2000 Byrne Formula Grant Program. The match requirement for this agreement is $ 216 000 which is 50% of the total department agreement funding. OCH-C665FY2001 (WP) 3/00 4. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in Attachment A which is attached and hereby made a part of this agreement through reference. 5. Method of Payments and Financial Reports: The payment procedures shall be followed as described in Part II of the agreement and Attachment B, which is hereby made a part of this agreement through reference. 6. Performance/Progress Report Requirements: The progress reporting methods, as applicable, shall be followed as described in Attachment C, hereby made a part of this agreement though reference. 7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in Part II, hereby made part of this agreement through reference. 8. Administration of the Agreement: The person acting for the Department in administering this agreement (hereinafter referred to as the Contract Manager and Location/Building) will be: Ardith J. DaFoe Lewis Cass Building, 2nd Floor 320 S. Walnut Street Lansing, Michigan 48913 9. 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. 001-0665FY2001 (WP) 3/00 10. 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. 11. Signature Section: For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Peter L. Trezise, Chief Operating Officer Date For the CONTRACTOR John McCulloch Chairman-Pry' Name and Title r , Signature Date OCH-0655PY2001 (WP) 340 Part General Provisions 1. Responsibilities - Contractor: The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Rights 1. News Releases - News releases pertaining of this agreement of the services, study, data or project to which it relates will not be made without prior written Department approval, and then only in accordance with the explicit written instructions from the Department. 2. Publication - The Contractor will not use, release or publish any analyses, findings, results, or techniques developed under this agreement, or any information derived therefrom until such analysis, findings or techniques have been reported to the Department in the manner prescribed by this Agreement and have become public domain. _These analyses, findings or techniques will be considered in the public domain when 1) they are submitted to the Department and receive positive action; 2) they are formally accepted by the Department; or 3) ninety (90) days elapse after submission to the Department, whichever of the three may occur first. No material may be published which is exempt from disclosure under 1976 PA 442, MCL 15.231 et seq, MSA 4.1801(1) et seq, known as the "Freedom of Information Act," without express permission from the Department. The Contractor will provide the Department, for its review, copies of all presentations or articles being submitted for publication at least thirty (30) days in advance. Where activities supported by this agreement produce any products, curriculums, films, pamphlets, videos, or other such materials issued by the Contractor, the products are the possessions of the Department. The Department retains all rights to copyright, patent, and/or trademark such said products. All • publications must receive prior approval from the Department. Contractor, developer, creator, author, editor, printer, subcontractor or manufacturer will not have any rights to royalties from the products. The Department retains the exclusive and irrevocable license to reproduce, publish and use such materials. 0C11-0685FY2001 (WP) 3/00 Any publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the Contractor, or by a Subcontractor describing programs or projects funded in whole or in part with Federal funds, shall contain the following statement: "This project was supported by grant project # awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." One copy of any such publication will be submitted to the Department to be placed on file and distributed as appropriate to other contractors or interested parties. 3. Acknowledgment of Department Participation/Support - All publications or oral presentations concerning the analyses, findings, results or techniques developed under this agreement will contain an acknowledgrnent of the Department's participation and support unless the Department requests in writing that their participation and support not be acknowledged. Furthermore, the Contractor may not receive fees for any article in excess of the costs of preparation of published article and excluding the cost of the research and compilation which was compensated under this agreement. A Any modifications to copyrighted materials bearing acknowledg- ment of the Department's name must be approved by the Department prior to reproduction and use of such materials. B. Fees Make reasonable efforts to collect 1 st and 3rd party fees, where applicable, and report these as outlined by the Department's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. 0011-0665FY2001(VvP) 3/00 Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize 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 Maintenance/Retention 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 detailed 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 and audit findings have been resolved. 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 States and State Auditor General, or any of their duly authorized representatives, to the extent authorized by applicable state or federal law, rule or regulation, to records, files, and documentation related to this agreement. Q. OCH-0665FY2001 (WP) 3100 G. Single Audit Provide, consistent with regulations set forth in the Single Audit Act Amendments of 1996, 31 USC 7501 et seq, and Office of Management and Budget Circular (OMB) A-133, "Audits of States, Local Governments, and Non-Profit Organizations", a copy of the annual audit reporting package of the Contractor to the Department. The audit reporting package and management letter are due within nine months after the end of the Contractor's fiscal year. The audit reporting package and manage- ment letter are required to be filed with the Department even if there are no findings reported in the audit pertaining to Department programs. The federal 01v1B Circular A-133 requires either a single audit or program- specific audit (when administering one federal program) of agencies that expend $300,000 or more of federal grant funding during the Contractor's fiscal year. Contractors that fall below the single audit threshold, are exempt from the single audit requirements, however, for Contractors • receiving $300,000 or more of total Department grant funding, a copy of the financial audit prepared in accordance with generally accepted auditing standards must be submitted as a minimum requirement of the Department. The Department or federal agencies, may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. The Contractor's records must also be available for review or audit by appropriate officials of the Department or federal agencies (i.e., Federal awarding agency or General Accounting Office). The Contractor must also assure that each of its subcontractors comply with the above audit requirements, as applicable, and provide for other subrecipient monitoring procedures, as deemed necessary. A copy of the audit reporting package or financial audit should be forwarded to: Michigan Department of Community Health Rate Development, Revenue Reimbursement and Payment Settlement Bureau P.O. Box 30479 Lansing, MI 48909-7979 OCH-0665FY2001 (WP) 3100 H. Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source which Would require or result in significant modification in the provision of services or funding or compliance with operational procedures. 1. Year 2000 Compatibility The Contractor must ensure year 2000 compatibility for any software purchases related to this agreement. This shall include, but is not limited to: data structures (databases, data files, etc.) that provide 4-digit date century; stored data that contain date century recognition, including but not limited to, data stored in databases and hardware device internal system dates; calculations and program logic (e.g., sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values) that accommodates same century and multi- century formulas and date values; interfaces that supply data to and receive data from other systems or organizations that prevent non- compiiant dates and data from entering any State system; user interfaces (i.e., screens, reports, etc.) that accurately show 4-digit years; and assurance that the year 2000 shall be correctly treated as a leap year within all calculation and calendar logic. J. Human Subjects The Contractor agrees to submit 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 Human Subjects Committee for approval prior to the initiation of the research. 11. Responsibilities - Department: The Department in accordance with the general purposes and objectives of this agreement will: OCH-0665FY2001 (WP) 3/00 A. Payment Provide payment in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Contractor. Failure to comply with performance reports as scheduled will result in action to withhold release of funds to the grantee for this grant and other grants to grantee. B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and to provide the Contractor with any new report forms and reporting formats proposed for issuance thereafter at least ninety (90) days prior to required usage to afford the Contractor an opportunity for review and commentary. 111. Assurances: The following assurances are hereby given to the Department: A. Compliance with Applicable Laws The Contractor will comply with applicable federal and 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, grant/agreement principles, and audits in carrying out the terms of this agreement. B. Anti-Lobbyinq 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 et seq, and Section 503 of the Departments of Labor, Health and Human Services and Education, and Related Agencies Appropriations Act (Public Law 104-208). 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. OCH-0865FY2001 (WP) 3100 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 job or position. 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. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned, women owned, and handicapper owned businesses in contract solicitations. The Contractor shall incorporate language in all contracts awarded: (1) prohibiting discrimination against minority owned, women owned, and handicapper owned businesses 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 45 CFR Part 76 and certifies to the best of its knowledge and belief that it and its subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or Contractor; DC1-1-0665FY2001 ('A/P) 3/CA 2. Have not within a 3 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 of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged 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 3 year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. E. Federal Requirement: Pro-Children Act 1. Assurance is hereby given to the Department that the Contractor will comply with Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 6081 et seq, which requires that smoking not be 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 library services to children 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, loan 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 federal funds is 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 $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The Contractor also assures that this language will be included in any subawards which contain provisions for children's services. OC4C6€SFY2001 (WP) 3100 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. This provision is not applicable to this agreement. F. Hatch Political Activity Act and intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501- 1508, 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. 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. Home Health Services If the Contractor provides Home Health Services, the following requirements apply: 1. The Contractor shall not use categorical grant funds provided under this agreement to unfairly compete for home health services available from private providers of the same type of services in the Contractor's service area. 2. For purposes of this agreement, the term "unfair competition" shall be defined as offering of home health services at fees substantially less than those generally charged by private providers of the same type of services in the Contractor's area, except as allowed under Medicare customary charge regulations involving sliding fee scale discounts for low-income clients based upon their ability to pay. OCH-0665FY2001 (WP) 3100 3. If the Department finds that the Contractor is not in compliance with its assurance not to use state local public health operations and categorical grant funds to unfairly compete, the Department shall follow the procedure required for failure by local health depart- ments to adequately provide required services set forth in Sections 2497 and 2498 of 1978, PA 368, as amended (Public Health Code), MCL 333.2497 and 2498, MSA 14.15 (2497) and (2498). H. 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 becomes part of this agreement and 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. DCH-0665FY2001 (WP) 3/00 5. That the Contractor will submit a copy of the executed subcontract if requested by the Department. I. Procurement Assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accord with the principles and requirements of OfvIB Circular A-102 (as revised), implemented through applicable portions of the associated "Common Rule" as promulgated by responsible federal Contractor(s), or A-110, 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. IV. Payment and Reporting Procedures: A. Financial Status Report Submission Financial Status Reports shall be prepared and submitted to the Michigan Department of Community Health, Budget and Finance Administration, Accounting Division, Expenditure Control Section, P.O. Box 30195, Lansing, Michigan 48909, on a monthly basis, not later than thirty (30) days after the close of each calendar month. The monthly Financial Status Reports must reflect total actual prooram expenditures. regardless of the source of funds. B. Reimbursement Method The Contractor will be reimbursed in accordance with the staffing grant reimbursement mechanism as follows: Reimbursement from the Department based on the understanding that Department funds will be paid up to total costs in relation to the Department's share of the total costs and up to the total Department allocation as agreed to in the approved budget. Department funds are first source (after fees and earmarked sources) as long as the 50% match requirement is met. DC144665FY2001 (WP) 3100 C. Operating Advance An operating advance may be provided to the Contractor, by the Department, to assist in initiating the program. The advance amount requested must be reasonable in relationship to the program's requirements, billing cycle, etc.; and in no case exceed the amount required for 60 days operating expense. The monthly Financial Status Report will be utilized to replenish the operating funds on a regular recurring basis. D. Unobliqated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. V. Agreement Period: The Department has the option to assume no responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. A. Termination This agreement is in full force and effect for the period specified in the heading of this agreement. 1. This agreement may be terminated by either party by giving sixty (60) days written notice to the other party stating the reasons for termination and the effective date. 2. 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. 3. This agreement may be terminated immediately without further liability to the state, the Department and employees if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section III.D. of this agreement during the term of this agreement or any extension thereof. OCH-C6e5FY2001 (WP) 3/00 B. Final Reporting Should this agreement be terminated by either party, the Contractor shall provide the Department within thirty (30) days after conclusion or termination, with all financial performance, and other reports required as a condition of the agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments, other state or federal programs. The Contractor shall immediately refund to the Department 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 Michigan. C. Unauthorized Funds Upon any such termination, any funds not authorized for use shall be returned to the Department. VI. Seyerability: If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. VII. Amendments: Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. VIII. 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 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 employees by statute or court decisions. OCH4665FY2001 (WP) 3i00 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. IX. Conflict of Interest: The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended, MCL 15.341 et seq, Iv1SA 4.1700 (71) et seq. X. 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. OCH4665FY2001 (WP) Xl. 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 required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form which does not directly or indirectly identify particular individuals. OCH-0665FY2001 (WP) 3100 imesOMMIM01. In Testimony Whereof, I have hereunto set my hand an affixed the seal of the / County of Oakland at Pontiac, Michigan this 2}t da of SepterpOpr, 2000. G.-. William Caddell, County Clerk Resolution #00233 September 21, 2000 Moved by Palmer supported by Coleman the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted (with accompanying reports accepted). HEREBY.445_EIRSKE/THE FOREGOING F.?"(-' y/2.2,4:4 Date L. Brooks Pa 'raw. County Executive STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 September 21, 2000 with the original record thereof now remaining in my office.