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Home My WebLink AboutResolutions - 2001.09.06 - 26670GENERAL GOVERNMENT COMMITTEE MISCELLANEOUS RESOLUTION #01221 September 6, 2001 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - 2001/2002 SUBSTANCE ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Health Division has been awarded by the Michigan Department of Community Health (MDCH) $4,930,666 in Substance Abuse Grant Funds for the period of October 1, 2001, through September 30, 2002; and WHEREAS the 2001/2002 grant award includes $4,930,666 in grant revenue and expenditures for this program, a decrease of $25,000 (0.5 9i) from the previous year; and WHEREAS these funds are used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency; and WHEREAS these contracts were awarded through the County's competitive bidding process; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been submitted through the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2001/2002 Substance Abuse Grant from the Michigan Department of Community Health in the amount of $4,930,666, and authorizes the necessary amendments to be made to the Fiscal Year 2002 Budget as reflected in the attached schedule. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve minor changes and grant extensions, not to exceed fifteen (15) percent variance from the original award. BE IT FURTHER RESOLVED that the future level of service, including personnel, be contingent upon the level of funding for this program. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute this Agreement subject to the following additional condition: That the County's approval for entering into this Agreement is specifically conditioned and premised upon the acceptance, approval and execution of the Agreement containing Addendum A, by the Michigan Department of Community Health, and that the failure of the Michigan Department of Community Health to execute the Agreement as specified shall, without any further act of the Oakland County Board of Commissioners, automatically negate and void the County's approval and/or acceptance of this agreement as provided for in this resolution and notification shall be forwarded to the General Government and Finance Committees. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote. Final ni• Other X No Date: Is Board Resolution required? 'Yes — Resolution # PERSONNEL DEPT: Approved Disapproved Modify * RISK MANAGEMENT AND SAFETY: ZI Approved ni Disapproved * Modify MANAGEMENT AND BUDGET: Approved El Disapproved * CORPORATION COUNSEL: Disapproved proved Modify' Date: /7/70Y Signature: Modify' Date: 2/ Signature: C LeClARTM) & COP y CONTRACT/PROGRAM REVIEW REQUEST Date: To: From: 7/26101 Fiscal Services, Risk Mat., Corn. Cnsl., Personnel Tom Fackler, Health Division affnI2fraplailliMillMps1P11164n1217111•11.. Title/Subject: FY 2001/02 Substance Abuse Services Agreement File # Department: Human Services Contact Parson: Tom Fodder Telephone #: 452-2151 VIIIIIIIIITIMINIS•7111111111Mg01110/11111R STATUS: (Chea appropriate box) Initial ri Revision # * If "other" is checked, please explain: Extension Date: WO/ Signatu Date: 9/210/ Signa CONTRACT/PROGRAM SYNOPSIS: The Substance Abuse Services Agreement provides funding for Substance Abuseprograms. Signed agreement is due to MDCH by September 4, 2001. * When "Disapproved" is noted or "Modify" is requested, attach explanation. Risk Management & Safety — Revised 2198 GATerry's Files\Word '97\SanzicaViVatershed \CONTRACT-PROGRAM REVIEW REQUEST.doe DEPARTMENT OF HUMAN SERVICES HEALTH DIVISION FY 2001/2002 SUBSTANCE ABUSE GRANT ACCEPTANCE • The Substance Abuse Grant is funded by the Michigan Department of Community Health (MDCH) to the Office of Substance Abuse in the Health Division. The purpose of the grant is to reduce the incidence of drug and alcohol abuse and dependency, and/or to provide comprehensive treatment services to the substance abusing population. The Office of Substance Abuse is designated as the Coordinating Agency for Oakland County and also includes the PACE Unit, which is an Access Assessment and Referral Service. • This grant acceptance from MDCH provides for substance abuse treatment services for Oakland County residents who are low income, uninsured, non-Medicaid recipients. • PACE provides a central point of entry; determines financial eligibility; provides assessments, referrals and case management services. The Coordinating Agency assures a continuum of substance abuse prevention and treatment services, based on local needs, and federal and state requirements. The continuum of treatment services made available to uninsured clients in Oakland County include detoxification, short- term residential, long-term residential, intensive outpatient and outpatient services. • Prevention services are targeted to high-risk populations such as school dropouts, pregnant women and teens, economically disadvantaged children of substance abusers, and community coalitions. Other services include general prevention, regional HIV education, and HIV early intervention. • The Coordinating Agency subcontracts through a competitive bid process with substance abuse prevention and treatment providers to provide the above services. They serve as expert resources on substance abuse within the Health Division and in collaboration with other units of county government. The grant acceptance is for $4,930,666 and covers the period of October 1, 2001 through September 30, 2002. STATE PUNNED-01/0Z AMENDED 00/01 PLANNED 01/02 MEDICAID AMENDED 00/01 [E01133Mi PLANNED (11/02. SERVICE CATEGORY PROGRAM. 807,266 3,930,866 3,874,892 25,000 25,000 25,000 25,000 - -OAKLAND' COUNTY REAM DIVISION OFFICE-OF SUBSTANCE ABUSE PRCIPOSE13 SUBSTANCE ABUSE SERVICES BUDGET PC20G112002 AA Quality Works Affirmations Arab/Chald. Council Boys/Girls Troy Campfire Boys and Girls Catholic Social Services Catholic Social Services Catholic Social Services -Step Forward Clearview Common Ground/Sanctuary Community Services of Oakland ' CPI Easter Seal - El Centro Eastwood Residential Eastwood Rochester Eastwood/Woodward Eastwood/Woodward - A.C.E. Environmental Change HENS Holly Gardens Holly Gardens Hutzel Hospital Mapiegrove Metro Rehabilitation Millenium Counseling Services Millenium Counseling Services North Oakland Counseling Oakland Fam. Services Oakland Fam. Services Oakland Fam. Services Oakland Fam. Services/Hispanic Parkview Counseling Center Pathways Family Center Personal & Prevent. Health Serv. (PPHS) Pontiac Urban League-Hispanic Prevco Out of Network Providers Recovery Consultants SEMHA (prevention needs assess.) State Disability Assistance (SDA) Student Leadership Summer Programs The Counseling Center The Counseling Center - In Step The Counseling Center - A.C.E. The Counseling Center - Parkway Troy Community Coalition Prevention Administration Waterford SAFE Woodward Counseling Woodward Counseling Woodward Counseling -Step Forward STATE & MEDICAID SUB TOTALS Prevention Prevention Prevention Prevention Prevention OP Prevention (hisp, fastolder suit) OP (Community Corrections) Residential-STILT (Women's Speciality) Prevention • Prevention OP Prevention Resid.- ST (male only) OP/10P OP/I0P OP - (Community Mental Health) Prevention Prevention OP/I0P Resid. (ST & LT) DIOP (Women's Speciality) Prevention OP (Methadone) OP (Methadone) OP (Drug Free) Prevention OP/I0F, (PRISIM-Women's Spec.) 013/10P Prevention OP OP (Methadone) 10P/Adolescents Prevention Prevention Prevention OP/10P Prevention Residential Room & Board Prevention Prevention OP/10P OP - ( Community Corrections) OP - (Community Mental Health) OP - (Community Mental Health) Prevention Prevention Prevention OP/I0P Prevention (GYST, PCT, Violence) OP (Community Corrections) 28,500 28,500 0 8,000 21,000 21,000 16,000 0 3,240 0 208,000 210,000 16,615 65,000 141,000 15,000 15,000 33,000 21,000 37,277 22,190 18,500 17,000 18,000 0 20,000 5,000 0 8,000 394,407 408,171 24,067 70,000 70,000 10,996 58,000 60,000 4,185 30,000 30,000 25,000 0 345,308 380,680 14,000 0 461,000 310,000 64,653 0 21,000 25,000 16,000 0 0 10,000 36,716 193,000 193,000 240,013 15,000 15,000 7,500 7,500 57,650 48,650 288,000 275,000 79,175 47,300 47,300 40,000 39,600 0 10,000 88,287 10,000 15,000 36,227 2,610 2,610 79,278 0 16,000 20,000 0 2,240 348,000 325,000 38,264 25,000 0 364,174 364,174 22,300 17,800 23,391 28,205 204,100 204,100 32,509 4,900 4,900 52,000 52,000 32,000 32,000 9,500 9,500 0 80,202 43,970 39,000 176,800 204,800 66,042 10,548 25,500 15,200 15,200 Charts 2002, Advis Counc 2002, 8/3/01, 10:06 AM .1 of 3 STATE" mammal/02. MEDICAID AMENDED 00101' iENDE UlWt PEANNEll MI02 PLAN NED (11412. SERVICE CATEGORY PROGRAM 0 0 Resid. (ST) - Adolescents Prevention OP Detox/Resid/ST OP OP OP Detox/Resid/ST Resici/ST/LT OPflOP OP/10P OP - (Community Correstions) DIOP OP/I0P/Adol OP - (Community Corrections) DETOX Resid/ST DIOP/OP Community Mental Health Resid/LT Residential (ST/LT) OP/I0P 68,600 5,000 5,000 10,000 5,000 5,000 3.480 3,728 10,000 10,000 7,536 14,200 32,960 83,227 4,636 60,727 329,094 Prevention/Coalition Prevention/Coalition Prevention/Coalition Prevention/Coalition Prevention/Coalition Prevention/Coalition Prevention/Coalition Prevention/Coalition Prevention/Coalition Prevention /Coalition Prevention/Coalition Prevention/Coalition Prevention/Coalition Prevention/Coalition Prevention/Coalition 0 82,000 70,000 0 0 306,000 290,000 0 0 354,353 287,247 240,341 0 388,593 408,527 235,864 0 0 15,000 15,000 14,000 14,000 15,000 14,000 14,000 12,000 10,000 5,000 14,000 14,000 14,000 14,000 0 184,000 478,205 1,130,946 1,055,774 0 0 5,061,812 4,930,666 1,612,565 2,021,500 2,148,000 0 217,775 0 0 0 5,061,812 5,148,441 1,612,565 2,021,500 2,148,000 5,061,812 4,930,666 8,909,006 OAKLAND COUN1Y EfEALTEi EtrtastoN 0iFfri0 :413E 013STANCE ABUSE PROPOSED SUBSTANCE ABUSE spikEsatnaGEr FY 211a1120112 20,000 16,000 90,000 100,000 0 0 5,000 75,000 35,000 240,000 0 0 0 75,000 5,000 123,000 430,000 235,000 50,000 280,000 33,500 Brighton Crime Watch Insight - Novi Insight - Clarkston JEC Counseling* Jewish Family Services* Lutheran Child and Family Maplegrove NCA-Lansing Oakland Psychological Perfect Solutions Perfect Solutions - Step Forward Personalized Nursing Perspectives of Troy Perspectives of Troy - Step Forward Quality Behavioral Health Sacred Heart Sequoia (SAMIrroject) Sobriety Turning Point Turning Point COUNTY SUB TOTAL Brandon Clarkston Holly Huron Valley Lyon Area Novi Orian/Oxford Pontiac Rochester/Auburn Hills Royal Oak Southeast Oakland (Ferndale. Pleasant Ridge) Southfield TriCommunity (Oak Park, Berkley, H.Woods) Walled Lake New Coalitions COALITIONS SUB TOTAL HIV Regional Trainer HIV Early Intervention CA - Admin PACE (CDR) OTHER SUB TOTAL 20,000 0 85,000 100,000 20,000 20,000 15,000 75,000 35,000 275,000 20,000 5,000 40,000 80,000 5,000 123,000 400,000 245,000 50,000 280,000 0 230,000 0 1,812,500 1,893,000 GRAND TOTAL Pregnancy Prevention 2000/2001 PROPOSED SUBSTANCE ABUSE SERVICES BUDGET TOTAL STATE ALLOCATION Treatment Categories DETOX - Detoxification Dual Dx - Dual Diagnosis (CMH) HWH - Half Way House 10P - Intensive Outpatient Metha(tChas 2002, Advis Counc 2002, 8/3/01, 06 AM 2 of 3 - Version: CPSC Substance Abuse Services MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 01/02 AGREEMENT ADDENDUM A 1. This addendum adds the following section to Part t and Renumbers existing 11 Special Certification to 12 and existing 12 Signature Section to 13: Part 11. Agreement Exceptions and Limitations Notwithstanding any other term or condition in this Agreement including, but not limited to, any provisions related to any services as described in the Annual Action Plan, any Contractor (Oakland County) services provided pursuant to this Agreement, or any limitations upon any Department funding obligations herein, the Parties specifically intend and agree that the Contractor may discontinue, without any penalty or liability whatsoever, any Contractor services or performance obligations under this Agreement when and if it becomes apparent that State or Department funds for any such services will be no longer available. Notwithstanding any other term or condition in this Agreement, the Parties specifically understand and agree that no provision in this Agreement shall operate as a waiver, bar or limitation of any kind, on any legal claim or right the Contractor may have at any time under any Michigan constitutional provision or other legal basis (e.g., any Headlee Amendment limitations) to challenge any State or Department program funding obligations; and, the parties further agree that no term or condition in this Agreement is intended and no such provision shall be ' argued to state or imply that the Contractor voluntarily assumed or undertook to provide any services as described in the Annual Action Plan, and thereby, waived any rights the Contractor may have had under any legal theory, in law or equity, without regard to whether or not the Contractor continued to perform any services herein after any State or Department funding ends. • Version: CPBC Substance Abuse Services 2. This addendum modifies the following sections of Part II, General Provisions: Part!! I. Responsibilities-Contractor I. Year 2000 Compatibility. This section will be deleted in its entirety and replaced with the following language: The Michigan Department of Community Health and the County of Oakland will work together to determine and avoid potential Year 2000 computer systems problems. Ill. Assurances A. Compliance with Applicable Laws. This first sentence of this paragraph will be stricken in its entirety and replace with the following language: The Contractor will comply with applicable Federal and State laws, and lawfully enacted administrative rules or regulations, in carrying out the terms of this agreement. VIII. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language. A. Except as otherwise provided for in this Contract, all liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the Contractor under this Contract 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 to the actions or failure to act on the part of the Contractor, its employees, officers or agents. Nothing therein shall be construed as a waiver of any governmental immunity for the Contractor, its agencies, employees, or Oakland County, as provided by statute or modified by court decisions. Version: CP9C Substance Abuse Services 1. 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. 2. Signature Section: For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Peter L. Trezise, Chief Operating Officer Date For the CONTRACTOR Name and Title Signature Date Contract # Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and Oakland County Health Division 250 Elizabeth Lake Road, Suite 1550 Pontiac, Michigan 48341 Federal I.D.#38-6004876 (hereinafter referred to as the "Contractor") for Substance Abuse Services Part I 1. Period of Agreement: This agreement shall commence on October 1, 2001 and continue through September 30. 2002. This agreement is in full force and effect for the period specified. 2. Program Budget and Agreement Amount A. Agreement Amount The total amount of this agreement is $7,225,863. The Department under the terms of this agreement will provide funding not to exceed $4,930,666. The federal funding provided by the Department is approximately $3,177.531; the Catalog of Federal Domestic Assistance (CFDA) number is 93.959 and the CFDA Title is Block Grant for Prevention and Treatment of Substance Abuse; the federal agency name is Department of Health and Human Services; the federal grant award number is 00 B1 MI SAPT 02 and federal program title is SAPT Block Grant. B. Equipment PurChases and Title Any contractor equipment purchases supported in whole or in part through this agreement must be detailed in the supporting detail schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Departments proportionate interest in such equipment supports such retention or transfer of title. DCH-0685 FY 2002 2101 OM 2 C. Deviation Allowance A deviation allowance modifying an established budget category by $5,000 or 15%, whichever is greater, is permissible without prior written approval of the Department. Any modification or deviations in excess of this provision including any adjustment to the total amount of this agreement must be made in writing and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories, subcontracts, equipment items or positions not shown in the attached Program Budget Summary and supporting detail schedules. 3. Purpose: This agreement provides for the administration and coordination of substance abuse services within the designated coordinating agency region consisting of Oakland County. 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. Financial Requirements: The reimbursement process shall be followed as described in Part ll of this agreement and Attachments B and D, which are hereby made a part of this agreement through reference. 6. Performance/Progress Report Requirements: The reporting methods, as applicable, shall be followed as described in Attachment C, hereby made a part of this agreement through 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) will be: Mark Steinberg Manager, Substance Abuse Contract Manaciernent (517) 335-0180 Name Title Telephone No. DOH-0885 FY 2002 2101 (W) 9. Contractor's Financial Contact for the Acreement: The person acting for the Contractor on the financial reporting for this agreement will be: Name 10. Soecial Conditions: Title Telephone No. A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Department. B. Tnis agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. 11. Special Certification: The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 12. Sionature Section: For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Peter L Trezise, Chief Operating Officer Date For the CONTRACTOR Name and Title Signature Date 4 OCH-0665 FY 2002 2/01 (IN) 3 Part II General Provisions I. Responsibilities - Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Rights 1. Where activities supported by this agreement produce books, films, or other such copyrightable materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the Department reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or modifications bearing acknowledgment or the Department's name must be approved by the Department prior to reproduction and use of such materials. 3. The Contractor shall give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein; the Department will do likewise. B. Fees Make reasonable efforts to collect 1 st and 3m 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. C. 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 finbl 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 DCH-0885 FY 2002 2101 (vv) 4 G. Single Audit . Provide, consistent with regulations set forth in the Single Audit Act Amendments of 1996 7 31 USC 7501 et seq, and Office of Management and Budget Circular (OMB) A-133, "Audits of States, Local Governments, and Non-Profit Organizations", and by the MDCH/BSAS Audit .Guidelines, 1998 revision, 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 management 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 OMB Circular A-133 requires either a single audit or program-specific audit (when administering one federal program) of agencies tat 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 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 otganizations that prevent non-compliant 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 Sublects 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. 5 DCH-0665 FY 2002 2101 (W) H. Responsibilities - Department The Department in accordance with the general purposes and objectives of this agreement will: A. Reimbursement .Provide reimbursement in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Contractor. B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and 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. ill 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-Lobbying 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. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Contractor arees 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 purease 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. 6 0C11-0665 FY 2002 2/01 (W) 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, - including its employees and subcontractors: . Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not within a 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. 2. The Contractor also assures, in addition to compliance with Public Law 103-227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Contractor. If activities or services-are delivered in facilities or areas that are not under the control of the Contractor (e.g., a mall, restaurant or private work site), the activities or services shall be smoke-free. F. Hatch Political Activity Act and intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1508, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service 7 DCH-06135 FY 2002 2/01 (W) 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. C. Home Health Services If the Contractor provides Home Health Services (as defined in Medicare Part /3), 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. 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 departments to adequately provide required services set forth in Sections 2497 and 2458 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 to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract a. Contains additional non-conflicting provisions not set forth in this agreement b. Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. 3. That the subcontract does not affect the Contractor's accountability to the Department for the subcontracted activity. 4. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. 8 OCH-0665 FY 2002 2/01 (W) 5. That the Contractor will submit a copy of the executed subcontract if requested by the Department. Procurement Assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accordance with the principles and requirements of OMB Circular A-102 (as revised), implemented through applicable portions of the associated "Common Rule" as promulgated by responsible federal contractor(s), or OMB Circular 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. J. Health Insurance Portability and Accountability Act To the extent that this act is pertinent to the services that the Contractor provides to the Department, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements. K. Drug Free Workplace Assure that the contractor and all subcontractors meet the requirements of the Drug Free Workplace Act of 1988, 34 CFR Part 85, Subpart F. IV. Financial Requirements A. Operating Advance An operating advance may be requested by the Contractor to assist with program operations. The request should be addressed to the Contract Manager identified in Part I, Item 8. The operating advance will be administered as follows: 1. The advance amount requested must be reasonable in relationship to the program's requirements, billing cycle, etc.;and in no case may exceed the amount required for 60 days operating expense. Operating advances will be monitored and adjusted by the Department according to total Department agreement amount 2. The advance must be recorded as an account payable to the Department in the e Contractor's financial records. The operating advance payable must remain in the Contractor's financial records until fully recovered by the Department 3. The monthly Financial Status Report (FSR) reimbursement for actual expenditures by the Department should be used by the Contractor to replenish the operating advance used for program operations. 4. The advance must be returned to the Department within 30 days of the end date of this agreement and may not be held pending agreement audit Subsequent Department agreements may be withheld pending recovery of the outstanding advance from a prior agreement. Unless the Contractor has a recurring agreement with the Department. If the Contractor has a recurring agreement with the Department, the operating advance outstanding must be confirmed on at the end of each fiscal year. 5. At the end of either the agreement period or Department's fiscal year, whichever is first, the Contractor must respond to the Department's request for confirmation of the operating advance. 9 DCH-0685 FY 2002 2101 (VV) 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 the total Department allocation as agreed to in the approved budget. Department funds are first source after the application of fees and earmarked sources unless a specific local match condition exists. C. Financial Status Report Submission Financial Status Reports (FSRs) shall be prepared and submitted to the Michigan Department of Community Health, Budget and Finance/Administration, Accounting Division, Expenditure Operations Section, P.O. Box 30720, Lansing, Michigan 48909, on a monthly basis, no later than thirty (30) days after the close of each calendar month. The monthly FSRs must reflect total actual proaram expenditures, regardless of the source of funds. Attachment 0 contains the FSR form. Instructions for completing the FSR form are available through your Contract Manager or the Department's web site. D. Final Obligations and Financial Status Report Requirements A report of estimated total agreement expenditures must be submitted during the first week of October using the format requested by the Department. The Department will provide additional information regarding this report in September. Final FSRs are due seventy five (75) days following the end of the fiscal year or agreement period. The final FSR must be clearly marked "Final". Final FSRs not received by the due date may result in a loss of funding requested per the report of estimated total agreement expenditures and may result in the potential reduction in the subsequent year's agreement amount E. Unobligated 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 Termination The Department may cancel this agreement without further liability or penalty to the Department for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. C. This agreement may be terminated immediately 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. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial performance, and other reports required as a condition of this agreement The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable 1 0 DC1-1-0665 FY 2002 2101 (W) I I • applicable law or regulation. Such information may be disclosed in summary, statistical, or other form which does not directly or indirectly identify particular individuals. Coordinating agencies must assure compliance with federal requirements contained in 42 CFR, Part 2, Confidentiality of - Alcohol and Drug Abuse Patient Records, Final Rule, June 9, 1987. Xil. Cther Requirements. Attachment E Attachment E contains additional requirements, and is incorporated into this agreement by reference. 12 DCH-0665 FY 2002 2101 (W) 6 • • .9 FISCAL NOTE (MISC. #01221) September 6, 2001 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - 2001/2002 SUBSTANCE ABUSE GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Department of Human Services/Health Division has been awarded by the Michigan Department of Community Health (MDCH) $4,930,666 in Substance Abuse Grant funds. The total agreement is for $7,225,863 of which $1,516,341 is medicaid funding. The balance of $778,856 represents fees and collection and other local funding at the sub- contractor level. 2. Funds will be used to subcontract with agencies to prevent and reduce the incidence of drug and alcohol abuse and dependency. 3. Grant acceptance represents a decrease from the prior year original grant in the amount of $25,000, a (.5%) decrease. The federal funding portion of Michigan Department of Community Health (MDCH) grant is approximately $3,177,531. 4. The grant period extends from October 1, 2001, through September 30, 2002. 5. The Fiscal Year 2001 Special Revenue budget should be amended to match the Fiscal Year 2002 award as delineated on the attached schedule. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Taub absent. PROGRAM SERVICE CATEGORY STATE AMENDED 00/01 PLANNED 01/02 HIV Regional Trainer HIV Early Intervention CA - Admin PACE (CDR) OTHER SUB TOTAL 70,000 315,000 354,353 388,593 1,127,945 70,000 290,000 287,247 408,527 1,065,774 GRAND TOTAL 5,038,812 4,930,566 OAKLAND COUNTY HEALTH DITSICN OFF.:CE OF SUBSTANCE ABUSE PROBOSED SUBSTANCE ABOUSE SERVICES BUDGET FY200112002 M Quality Works Affirmations Arab/Chald. Council Boys/Girls Troy Campfire Boys and Girls Catholic Social Services Catholic Social Services Catholic Social Services -Step Forw Clearview Common Ground/Sanctuary Community Services of Oakland CPI Easter Seal - El Centro Eastwood Residential Eastwood Rochester EastwoodANoodward EastwoodANoodward - A.C.E. Environmental Change HENS Holly Gardens Holly Gardens Hutzel Hospital Maplegrove Metro Rehabilitation Millenium Counseling Services Millenium Counseling Services North Oakland Counseling Oakland Fam. Services Oakland Fam. Services Oakland Fem. Services Prevention Oakland Fem. Services/Hispanic OP Parlcview Counseling Center OP (Methadone) Pathways Family Center 10P/Adolescents Personal & Prevent. Health Serv. (P Prevention Pontiac Urban League-Hispanic Prevention Prevco Prevention Out of Network Providers Recovery Consultants OPAOP 348,000 325,000 SEMHA (prevention needs assess.) Prevention 25,000 0 State Disability Assistance (SDA) Residential Room & Board 364,174 364,174 Student Leadership Prevention 22,300 17,800 Summer Programs Prevention 23,391 213,205 The Counseling Center OPAOP 204,100 204,100 The Counseling Center - In Step OP - ( Community Correction 4,900 4,900 The Counseling Center - ACE. OP - (Community Mental Hea 52,000 52,000 The Counseling Center - Parkway OP - (Community Mental Hea 32,000 32,000 Troy Community Coalition Prevention 9,500 9,500 Prevention Administration Prevention 0 80,202 Waterford SAFE Prevention 43,970 39,000 Wciodward Counseling OPAOP 176,800 204,800 Woodward Counseling Prevention (GYST, PCT, Viol 10,548 25,500 Woociward Counseling -Step ForwarOP (Community Corrections) 15,200 15,200 STATE & MEDICAID SUB TOTALS I 3,910,866 3,874,892 Prevention Prevention Prevention Prevention Prevention OP Prevention (hisp, fast,older au OP (Community Corrections) Residential-ST/LT (Women's Prevention Prevention OP Prevention Resid.- ST (male only) OP/10P OP/I0P OP - (Community Mental Hea Prevention Prevention OPAOP Resid. (ST & LT) DIOP (Women's Speciality) Prevention OP (Methadone) OP (Methadone) OP (Drug Free) Prevention OPAOP (PRISIM-Women's S OP/I0P 28,500 0 21,000 16,000 3,240 208,000 65,000 15,000 13,000 22,190 17,000 0 0 394,407 70,000 58,000 30,000 25,000 345,308 14,000 461,000 0 16,000 0 193,000 15,000 7,500 57,650 288,000 47,300 40,000 0 10,000 2,610 79,278 16,000 0 348,000 25,000 364,174 22,300 23,391 204,100 4,900 52,000 32,000 9,500 0 43,970 176,800 10,548 15,200 3,910,866 28,500 8,000 21,000 0 0 210,000 141,000 15,000 21,000 18,500 18,000 20,000 8,000 408,171 70,000 60,000 30,000 0 380,680 0 310,000 21,000 0 10,000 193,000 15,000 7,500 48,650 275,000 47,300 39,600 10,000 15,000 2,610 0 20,000 TOTAL STATE ALLOCATioN 5,038,812 4,930,666 Treatment Catedories DETOX - Detoxification Dual Dx - Dual Diagnosis (CM H) HVV1-1-Half Way House 10P - Intensive Outpatient Methadone OP - Outpatient Resid - Residential Spec. Women - Specialized Womens Step Fonvard-(Community Corrections) P502.x1s, Working State, 0612412001, 12:30 PM Resolution #01221 September 6, 2001 Moved by Douglas supported by Moss the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster -, Amos. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were adopted (with accompanying reports being accepted). L Brooks Pajtoglon, 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 6, 2001 with the original record thereof now remaining in my office. JeAr In Testimony Whereof, I have hereunto set my hand and f fixed the seal of the County of Oakland at Pontiac, Michigan this 6thdray o September,.2001. G. William Caddell, County Clerk