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HomeMy WebLinkAboutResolutions - 2002.08.08 - 26732PUBLIC/SERVICES COMMITTEE MISCELLANEOUS RESOLUTION 102184 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: CIRCUIT COURT (ADULT DRUG COURT) FY 2002 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (T.A.N.F.) — MICHIGAN ODCP CONTRACT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health, Office of Drug Control Policy has awarded grant funding to the 6th Judicial Circuit Court under the U.S. Department of Justice and U. S. Department of Health and Human Services for the period of October 1, 2001 through September 30, 2002 for drug court treatment funding; and WHEREAS this is one time award to enhance the existing grant programs; and WHEREAS the Michigan Department of Community Health approved the grant application as submitted, and awarded Oakland County a federal pass-through grant totaling $35,000 under the federal program title of Temporary Assistance for Needy Families (T.A.N.F.), there is no match requirement for T.A.N.F. funds; and WHEREAS the grant award provides enhanced funding of the Fiscal Year 2002 programs which support the Circuit Court's Drug Court Program; and WHEREAS this program funds $35,000 of T.A.N.F. funds that can be used for support for work activities, child care, transportation, education and training, mental health/substance abuse, domestic violence, developmental and learning disabilities, enhancing or supplementing family income or assets, and family formation and pregnancy prevention; 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 Michigan Department of Community Health, Office of Drug Control Policy in the amount of $35,000; requiring no county matching dollars, for the period of October 1, 2001 through September 30, 2002 BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which is consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, and continuation of the Drug Court program is contingent upon continued future levels of grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Prentiss Malone, Jr. From: Greg Givens [givensg@co.oakland.mi.us] Sent: Tuesday, July 09, 2002 10:25 AM To: VanLeuvenj; Lynch, Richard; Malone, Prentiss Cc: Frederick, Candace; VVilliamsd Subject: CONTRACT REVIEW— CIRCUIT COURT (Adult Drug Court) RE: CONTRACT REVIEW - CIRCUIT COURT (Adult Drug Court) GRANT NAME: FY 2002 Temporary Assistance for Needy Families (TANF) FUNDING AGENCY: Michigan Office of Drug Control Policy DEPARTMENT CONTACT PERSON: Richard Lynch / 22171 STATUS: Acceptance DATE: July 9, 2002 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Department of Management and Budget: Approved - Ed Poisson (July 5, 2002) Personnel Department: I approve - Judy Eaton (July 1, 2002) Risk Management and Safety: Approved. Stan Fayne (July 8, 2002) Corporation Counsel: There appear to be no outstanding legal issues that require further action or resolution. However, please note that the reporting requirements for this grant are more rigorous than the reporting requirements for other grants related to the operation of the drug court. - Karen Agacinski (July 8, 2002) Please note the comments from Corporation Counsel. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Greg Givens, Supervisor Grants Administration Unit Fiscal Services Division Contract #20021835 P.O. #391B2002481 Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and County of Oakland 6th Judicial Circuit Court - Adult Courthouse Tower 1200 N. Telegraph Pontiac, MI 48341 Federal 1.D. #38-6004876 hereinafter referred to as the "Contractor" for Drug Court, 60016-1K01 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 $35,000.00. The Department under the terms of this agreement will provide funding not to exceed $35,000.00, as outlined below. The federal funding provided by the Department is approximately $35,000.00; the Catalog of Federal Domestic Assistance (CFDA) number is 93.558 and the CFDA Title is Temporary Assistance for Needy Families (T.A.N.F.); the federal agency name is U.S. Department of Health and Human Services; the federal grant award number is G-0201 MITANF and federal program title is Temporary Assistance for Needy Families. There is no match requirement for T.A.N.F. Funds. 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 ock-oses FY 2002 2/01 OM 1 Department's proportionate interest in such equipment supports such retention or transfer of title. C. Deviation Allowance A deviation allowance modifying an established budget category by $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 : Through a collaborative efforts that includes the Judiciary, treatment providers, Prosecution, Defense Counsel, Law Enforcement, health and social service related organizations, and probation and parole who come together in an effort to reduce substance abuse and criminal activity and increase public safety and the community's well-being. 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 II 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 progress 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 and Location/Building) will be : (517) 373-4700 Telephone No. Betsy Pash Administrator Name Title 9. Contractor's Financial Contact for the Agreement: The person acting for the Contractor on the financial reporting for this agreement will be: Name Title Telephone No. 10. Special Conditions : A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. DCH-0665 FY 2002 2/01 (W) 2 II. Special Certification : The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 12. Signature Section : For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Mary Jane Russell, Director, Budget & Contracts Division Date For the CONTRACTOR Name and.Title Signature Date DC)-I-0665 FY 2002 2/01 (1/V) 3 Version: All Other Programs MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 01102 AGREEMENT ADDENDUM A 1. This addendum modifies the following sections of Part II, General Provisions: Part II 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. VII!. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language. 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. A. Version:, All Other Programs 2. 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. 3. Signature Section: For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Peter L. Trezise, Chief Operating Officer Date For the CONTRACTOR Name and Title Signature Date Part 11 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. Any publication (written, visual, or sound, but excluding press reteaser newsletters, and issue analyses) issued by the Contractor, or by a Subcontractor desc,:bing 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." 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 3n1 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 final expenditure report or until litigation and audit findings have been resolved. DCH-0665 FY 2002 2/01 (w) 4 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. 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 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 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 cc 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. Year 2000 Compatibility The Contractor must ensure year 2000compatibility 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-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. DCH-0665 FY 2002 2101 (VV) 5 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. II. • 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. 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. 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 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. DCH-0665 FY 2002 2101 (W) 6 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, including its employees and subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not within a 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. This provision is not applicable to this agreement DCH-0665 FY 2002 2101 (W) 7 Hatch Political Activity Act and Intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1508, and the InI:isgovernmental 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 ir the administration of federally- assisted programs. G. Home Health Services If the Contractor provides Home Health Services (as defined in Medicare Part B), 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 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 to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract a. Contains additional non-conflicting provisions not set forth in this agreement b. Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. 3. That the subcontract does not affect the Contractor's accountability to the Department for the subcontracted activity. 4. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. 5. That the Contractor will submit a copy of the executed subcontract if requested by the Department. DCH-0665 FY 2002 2101 (w) 8 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 T,-; 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. IV. Financial Requirements A. 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. B. 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 program expenditures, regardless of the source of funds. Attachment D contains the FSR form, Instructions for completing the FSR form are available through your Contract Manager or the Department's web site. C. 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 sixty (60) 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. 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 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. DCH-0665 FY 2002 2/01 (W) 9 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 IIW. 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 reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII. 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. WI. Amendments Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. IX. Liability A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried 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. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the Department) or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the State, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. X. Conflict of Interest The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended, MCL 15.341 et seq. MSA 4.1700 (71) et seq. XL 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. DCH-0665 FY 2002 2J01 10 XII. Confidentiality Both the Department and the Contractor shall assure that medical services to and information contained in medical records of persons served under this agreement, or other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise 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. 11 DCH-0665 FY 2002 2101 (W) ATTACHMENT A STATEMENT OF WORK The Contractor agrees to comply with the Key Components of Drug Courts as specified by the U.S. Department of Justice, Drug Courts Program Office and the National Association of Drug Court Professionals. In addition, the Contractor will comply with the following requirements: 1. Drug court participants must be employed, seeking employment or engaged in activities to enable them to be employed. Juvenile drug court participants should be engaged in educational and/or vocational endeavors. 2. A plea by participants is required; no deferred prosecution. 3. Both adult and juvenile drug courts should provide treatment and rehabilitative services based upon a comprehensive assessment of participant needs. Participation in I2-step and other faith-based programs is encouraged. 4. Participants are to be required to make some payment toward drug court costs. Payment may be on a sliding scale, ability to pay basis. The Contractor will make available Temporary Assistance for Needy Families (TANF) services to participants in the drug court program. The purposes for which participants meeting the income criteria qualify for TANF are the following: • To allow children to be cared for in their own homes or in the homes of relatives. • To end the- dependence of needy parents on government benefits by promoting job preparation. • To prevent and reduce the incidence of out of wedlock pregnancies. • To encourage the formation and maintenance of two-parent families. The TANF Guidance Document is incorporated as part of Attachment A and is the basis for determination of eligibility of participants and services. The Contractor is required to maintain document sufficient to support client eligibility, TANF eligible services provided, and income eligibility of clients for TANF services. /7-731-6e/771&"1/7" /51 T.A.N.F. GUIDANCE DOCUMENT INTRODUCTION The Temporary Assistance for Needy Families (T.A.N.F.) program has given States new opportunities to develop and implement creative and innovative strategies and approaches to remove families from a cycle of dependency on public assistance and into work. There is a large population not working or in entry-level jobs, with incomes that are too low or too erratic to raise their families above poverty. Under T.A.N.F., States have the flexibility and resources to develop programs that reach all families and promote success at work. The T.A.N.F. program provides funding for employment and training activities, supportive services, and benefits that will enable clients to get a job, keep a job, and improve their economic circumstances. Drug and alcohol addiction plays an ever-increasing role in family dysfunction as well as economic and social dependency. In order to better address this underlying cause of dependency, programs must be established or enhanced to provide prevention and treatment services for youth and adults where drug and alcohol abuse threatens their ability to become economically self-sufficient arid to care for children in their own home. DEFINMONS Medical Services: Services to diagnose treat or prevent disease. Disease refers to any condition of physical or mental ill health, regardless of cause. Typically, medical services are covered by the Medicaid program, other health insurance plan or a community public health agency and not by T.A.N.F.. Family: A minor child living with a caretaker relative; a pregnant woman. Minor Child: A child under age 18, or a child 18 and attending high school full-time. Care Taker: A parent or other relative who acts as a parent to a child by providing physical care and supervision of the child. Relative: Relationships established by blood, marriage, or adoption. Needy Parent/Individual/Family = 200% of Poverty Guidelines 2001 Poverty Guidelines for the 48 Contiguous States and the District of Columbia Size of Family Unit: 1 $8,590 200% = $17,180 2 $11,610 200°,0 = $23,220 3 $14,630 200% = $29,260 4 $17,650 200% = $35,300 5 $20,670 200% = $41,340 6 $23,690 200% = $47,380 7 $26,710 200% = $53,420 8 $29,730 200% = $59,460 Family units with more than 8 members, add $3,780 for 100% of Poverty Guidelines, or $7,560 for 200% of Poverty Guidelines for each additional member.. CRITERIA TO QUALIFY FOR T.A.N.F Under T.A.N.F., allowable expenditures for particular activities, benefits, or services consist of those that are "in any manner reasonably calculated to accomplish" any one of the four purposes of the T.A.N.F. program. Activities, benefits, or services that are reasonably calculated to accomplish a T.A.N.F. purpose are those that directly lead to (or can be expected to lead to) achievement of a T.A.N.F. purpose. This language includes all activities that are obviously related to a purpose. It also includes activities whose relationship to a purpose may not be obvious, but for which there is evidence that it achieves a purpose. For example, there is a clear statistical relationship between substance abusing populations having more unprotected sex than non-substance abusing populations. The same would be true for a statistical relationship between staying in school and lower teen pregnancy rates, which would conclude that special initiatives to keep teens in school, and away from drugs are reasonably related to the third purpose of T.A.N.F. —to reduce out of wedlock pregnancies. T.A.N.F. funding is directed by the four purposes outlined in Sec. 401 of the Social Security Act: To allow children to be cared for in their own homes or in the homes of relatives: Spending to achieve this purpose covers only needy families so children may live with their parents or other relatives. It does not cover children living with non-relatives. A needy family is one that meets the income and/or resource standards of less than 200% of Poverty Guidelines established by the State. To end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage: Under this purpose, a State can help any needy parent, including non-custodial parent or a working parent, by providing employment, job preparation, or training services. Examples of potential services include but are not limited to job or career advancement activities, marriage counseling, child care services, and employment services designed to increase the non-custodial parent's ability to pay child support. The needy parent must meet the income and/or resource standards of less than 200% of Poverty Guidelines established by the State. To prevent and reduce the incidence of out of wedlock pregnancies: Neither this purpose nor the following purpose is limited to needy families or individuals. A State may use Federal T.A.N.F. funds to serve non-needy families or individuals for either of these two purposes. A State must establish objective criteria for the delivery of services to the non-needy. Activities to accomplish this specific purpose can include and are not limited to abstinence programs, visiting nurse services, programs and services for youth such as counseling, teen pregnancy prevention, and after school programs that provide supervision when school is not in session. To encourage the formation and maintenance of two-parent families: A significant share of T.A.N.F. families consist of unmarried mothers with low skills who live with their children apart from low-skilled, under-employed fathers. Many of these fathers are involved in the lives of their children and provide some financial support, but would like to do much more. This purpose offers the opportunity to address these issues. Some activities that are appropriate to accomplish this purpose may include parenting skills training, premarital and marriage counseling, mediation services, activities to promote parental access and visitation, job placement and training services for non- custodial parents, initiative to promote responsible fatherhood and increase the capacity of fathers to provide emotional and financial support for their children, and crisis intervention services. The T.A.N.F. program gives States broad flexibility to make program and funding decisions they believe will best support the goals of the program and their individual circumstances. In support of these goals, States may use their funds to fill gaps in the service delivery system, integrate program services, and supplement or enhance the services available through other programs. The following are additional examples of some possible uses of T.A.N.F. funding: Support for Work Activities • Provide job search, job placement, transportation, and childcare services to T.A.N.F. applicants from the beginning of the T.A.N.F. application process. • Provide work experience and case management to individuals with employment barriers, such as little or no work history. • Help unemployed needy non-custodial parent by providing job skills training, re-training, job search, employment placement services, or other work-related services. • Provide job retention services or post-employment follow-up services, such as , counseling, employee assistance, or other supportive services. ,••••• • Pay refugee services providers to provide linguistically 'and culturally appropriate services that help refugee T.A.N.F. recipients obtain employment or participate in work activities. Child Care • Counsel needy parents about health, safety, educational, social, and emotional development issues to consider in selecting child care. • Provide full-day/full-year high quality child care services for young children in needy families by expanding or extending the hours of programs with high educational and developmental standards. • Increase childcare subsidy levels, especially for infant and toddler care, to expand the availability of care for needy families. • Fund after-school and summer recreation activities that provide supervision and developmental services for children and youth while their needy parents work. Transportation • Provide trans-pontiori allowances to cover incidental expenses and participation —related expenses for unemployed families. • Provide transit passes or tokens. • Reimburse clients for mileage, auto repairs, or auto insurance to facilitate finding employment and job retention activities. • Subsidize costs of transporting needy children to childcare. Education and Training • Train employed recipients, former recipients, and noncustodial parents in job-related vocational and literacy skills needed for regular, full-time employment. • ' Fund education or job training activities at colleges and secondary and technical schoqls that promote advancement to higher paying jobs and self-sufficiency. Share with employers the costs of on-site education. • Provide classes for new, unskilled, and semi-skilled workers to teach new skills or enhance existing skills in order to improve their chance of job retention and advancement. Mental Health/Substance Abuse • Provide appropriate counseling services (e.g. mental health services, anger management counseling, non-medical substance , abuse counseling services) to family members with barriers to employment and self-sufficiency. • Provide non-medical substance or alcohol abuse services, including room and board costs at residential treatment programs (no detoxification or methadone treatment covered). • Use State MOE funds that have not been commingled with Federal TA.N.F. funds to pay for medical services (e.g. for treatment of substance or alcohol abuse not paid by Medicaid) or to provide medical coverage for families that lack medical benefits (e.g. for families ineligible for transitional Medicaid or for adults whose children are served by Medicaid). DO=LititiC ViGlence • Help victims of domestic violence relocate somewhere else in the State or outside the State where employment or safe housing is secured. • Collaborate with domestic violence service providers to screen and identify victims; develop safety and services plans; provide appropriate counseling, referrals and other related services; determine the need for waivers of T.A.N.F. program requirements; establish procedures that will maintain confidentiality of case- record information and ensure safety; and develop appropriate staff training. • Developmental and Learning Disabilities • Provide cash assistance during the waiting period for SSI benefits for a disabled parent or disabled child in the family. • • Arrange for the State's vocational rehabilitation agency or similar provider to provide assessment, evaluation, assistive technology and equipment, and vocational rehabilitation services to needy individuals who have physical or mental disabilities, but would not Provide. ,counseling pregnane preVeution. or classes :-.;that focus on teen services otherwise receive services (Such services may also be importint to parents or caretakers who receive SSI, while their children receive T.A.N.F.) Enhancing or Supplementing the Family Income or Assets • Provide stipends to needy parents who combine education/training and work. • Provide rental assistance, including security deposits, application fees, and payments of back rent to prevent eviction. • Provide moving allowance — employed in another geographical area. Family Formation and Pregnancy Prevention • Fund responsible fatherhood initiative that will improve the capacity of needy fathers to provide financial and emotional support for children. • Provide parenting classes, premarital and marriage counseling, and mediation services. /72-746607,64/7- MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET SUMMARY )GRAM CODE BUDGET PERIOD DATE PREPARED Dffice of Drug Control Policy TANF FROM 10/1/01 TO 9130/02 05/02102 15I AMENDMENT NUMBER ' iNTRACTOR ORIGINAL AGREEMENT h Judicial Circuit Court, County of Oakland, Adult 0 AMENDMENT )DRESS CITY STATE ZIP CODE PAYEE IDENTIFICATION ;ourthouse Tower Pontiac MI 48341 38-6004876 200 N. Telegraph EXPENDITURE CATEGORY TOTAL BUDGET , , 1 Salaries and Wages 0 2 Fringe Benefits 0 3 Travel 4 Supplies and Materials 0 5 Contractual (Subcontracts) 0 , 6 Equipment 0 7 Other Expenses 0 TANF 35,000 0 0 8 TOTAL DIRECT EXPENDITURES $0 $0 $0 $35,000 9 Indirect Costs: Rate # 1 % 0 - Indirect Costs: Rate #2 % 0 10 Other Cost Distributions 0 \ 11 TOTAL EXPENDITURES $0 $0 $0 $35,000 SOURCE OF FUNDS " 12 Fees and Collections 0 - 13 State Areement . . 35,000 14 Local C - - 15 Federal ( , . 16 Other I _ _ ' 17 TOTAL FUNDING SO' $0 $0 $35,0C DCS-0385FY23-02 6TOf Renfaces FIN-ft0 ?Excel COMPLETION IS A CONDITION OF FO4DING AUTAORITY OF PA. 368 OF 'I )CH-038 • • OF N• MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET - COST DETAIL AM CODE • BUDGET PERIOD DATE PREPARED Office of Drug Control Policy TANF FROM 1011101 TO 9/30/02 05/02/02 , IACTOR el ORIGINAL BUDGET • AMENDMENT AMENDMENf NUMBER idicial Circuit Court, Oakland Co, Adult , POSITIONS - TOTAL LARY & WAGES - POSITION DESCRIPTION REQUIRED SALARY COMMENTS " - , ' — TOTAL SALARIES AND WAGES 0.0 $0 - , FRINGE BENEFITS: (Specify) COMPOSITE RATE % FICA 0 LIFE INS. 0 DENTAL INS. UNEMPLOYMENT INS. 0 VISION INS. 0 WORK COMP. ' RETIREMENT 0 HEARING INS. I HOSPITAL INS. 0 OTHER TOTAL FRINGE BENEFITS I TRAVEL (Specify if any item exceeds 10% of Total Expenditures) TOTAL TRAVEL $0 L SUPPLIES & MATERIALS (Specify if any item exceeds 10% of Total Expenditures) TOTAL SUPPLIES & MATERIALS $0 5. CONTRACTUAL (Subcontracts) Name Address Amount TOTAL CONTRACTUAL $0 6. EQUIPMENT (Specify) TOTAL EQUIPMENT $0 7. OTHER EXPENSES (Specify if any item exceeds 10% of Total Expenditures) Communication Space Cost Other (explain) TANF 35,000 TOTAL OTHER EXPENSES $35,000 8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) $35,000 9. INDIRECT COST CALCULATIONS Rate #1 Base $ x Rate % 0 Rate #2 Base $ x Rate % 0 TOTAL INDIRECT $0 n 10. OTHER COST DISTRIBUTIONS (LOCAL HEALTH DEPARTMENTS ONLY) TOTAL OTHER COST DISTRIBUTIONS $0 , 11. TOTAL EXPENDITURES (Sum of lines 8-10)$35,000 v.........-- ..v A —•n-••-rc a•krn .A.Pg ATTACHMENT C DRUG COURTS - PROGRAM REPORT Michigan Department of Community Health Office of Drug Control Policy Byrne Memorial Formula Grant Program Temporary Assistance for Needy Families (T.A.N.F.) Grant Program ISTRUCTIONS: • Use THIS form to provide a complete description of all project activities during this reporting period. Attach additional pages as necessary. • The Program Report is due in the Office of Drug Control Policy (ODCP) no later than 20 days following the end of the report period. • Failure to submit this report by the due date will cause ODCP to .withhold the release of funds. • Attach all narrative information to this form and mail to: OFFICE OF DRUG CONTROL POLICY MICHIGAN DEPARTMENT OF COMMUNITY HEALTH 320 S WALNUT ST LANSING MI 48913 TELEPHONE: (517) 373-4700 You may also fax it to: (517) 373-2963 or e-Mail it to: MDCH-ODCPAMichician.Gov Grantee Name ODCP Project Number Project Title Project Start Date Project End Date Report Quarter Report Period Ending Date O interim 0 Final Person Completing this Report (Name and Title) e-Mail Address: *Signature (not required if e-Mailed) Date Telephone Number FAX Number * Signature certifies that all services, as described on this document, are T.A.N.F. eligible and all other information is true to my knowledge. AUTHORITY: By Authority of the Anti-Drug Abuse Act of 1988. COMPLETION: Is VOLUNTARY. Failure to provide this information is a violation of grant contract terms and conditions. The Department of Community Health is an equal opportunity employer, services and programs provider. Continue on Next Page SECTION A - Qualifying T.A.N.F. Purposes: Check ALL that apply: CI To allow children to be cared for in their own homes or in the homes of relatives. To end the dependence of needy parents on government benefits by promoting job preparation. C3 To prevent and reduce the incidence of out-of-wedlock pregnancies. CI To encourage the formation and maintenance of two-parent families. SECTION B — Indicate the Methods Used: 1. Income Verification: (Not to Exceed 200% of Poverty Guidelines Established by the State) Pay Check/Stub • CI W2 — Tax Documents • CI Bank Statements CI Other (Specify): 2. T.A.N.F. Eligible Services Provided (Check ALL that apply) CI Substance Abuse Services CI Counseling Services Ul Employment Services CI Other (Specify): SECTION C — REQUESTED REIMBURSEMENT/ELIGIBLE CLIENTS: 1. Indicate Total Amount Requested for this Reporting Period: $ 2. Indicate the Total Number of T.A.N.F. Eligible Participants during this reporting period: SECTION D — T.A.N.F. NARRATIVE: 1. Briefly Describe T.A.N.F. Eligible Services Provided. Use additional pages as needed. Continue on Next Page Page 2 of 3 • SECTION E - BYRNE NARRATIVE: Use additional pages as needed. 1. Describe the Drug Court Activities During the Reporting Period and the Status of Accomplishing the Objectives as set Forth in Your Grant Application for Funding. Continue on Next Page Page 3 of 3 FINANCIAL STATUS REPORT MICHIGAN DEPARTMENT OF COMMUNITY HEALTH ATTACHMENT D BF° Number Contract Number Page Of Local Agency Name Program Code Street Address S Report Period Date Prepared Thru 0 Final City, State, ZIP Code Agreement Period FE ID Number Thru ,41-OA. reS,.: . -, _ •, 1, o , m.----4 1. Salaries & Wages , 2. Fringe Benefits _ - 3. Travel 4. Supplies & Materials 5. Contractual (Sub-Contracts) 6. Equipment , 7. Other Expenses 8. TOTAL DIRECT 9. Indirect Costs: Rate A 10. Other Cost Distributions - - 11. TOTAL EXPENDITURES , SOURCE OF FUNDS: 12. State Agreement 13. Local 14. Federal ,. 15. Other 16, Fees & Collections 17, TOTAL FUNDING CERTIFICATION: I certify that I am authorized to sign on behalf of the local agency and that this is an accurate statement of expenditures and collections for the report period. Appropriate documentation is available and will be maintained for the required period to support costs and receipts reported. Authorized Signature Date Title - . Contact Person Name Telephone Number FOR STATE USE ONLY '.. r vahoe NDEX"- Advance Outstanding - - Advance Issued or Applied „ .. — ' Balance Message Authority: P.A. 368 of 1978 The Department of Community Health is an equal opportunity, Completion: is a Condition of Reimbursement employer, services, and programs provider. = \ Am Previous Edition Obsolete FISCAL NOTE (MISC.I02184) BY: Finance Committee, Sue Ann Douglas, Chairperson IN RE: CIRCUIT COURT (ADULT DRUG COURT) FY 2002 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (T.A.N.F.) ODCP CONTRACT 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 Michigan Department of Community Health, Office of Drug Control Policy, has awarded grant funding to the 6th Judicial Circuit Court, under the U.S. Department of Justice and U.S. Department of Health and Human Services, for the period of October 1, 2001 through September 30, 2002 for drug court treatment funding. 2. The grant is to support the drug court adult program services, to be provided on a contractual basis. 3. The amount of the grant award is $35,000 which requires no County, match. 4. The funds can be used for support for work activities, child care, transportation, education and training, mental health/substance abuse, domestic violence, developmental and learning disabilities, enhancing or supplementing family income or assets, and family formation and pregnancy prevention services as stated in the grant award. 5. The Fiscal Year 2002 Special Revenue budget should be amended as follows: Judicial Grants Fund Revenue 1-279-35-100711-28000-0131 Grants Federal $35,000 Expenditures 2-279-35-200711-28000-2572 Contracted Services 35,000 $ 0 FINANCE COMMITTEE FY 2002 atterson. County Executive *FP HE FOREGOING RESOLUTION :y Executive Date Resolution #02184 August 8, 2002 Moved by Crawford supported by Coleman the resolution be adopted. AYES: Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. IHEREBY L. Brook 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 August 8, 2002, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 8th day of August, 2002.