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HomeMy WebLinkAboutResolutions - 2003.10.16 - 27290MISCELLANEOUS RESOLUTION # 03294 September 18, 2003 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION FY 2003-2004 CHILDREN'S VILLAGE SCREENING PROJECT GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS in FY 2000-2001 the Michigan Department of Community Health (MDCH) awarded a grant to the Department of Human Services — Children's Village Division in the amount of $50,000 for the purpose of screening, compiling data, and treating at-risk adolescents for sexually transmitted diseases (STD's); and WHEREAS the MDCH continued the grant in the amount of $50,000 for the FY 2001- 2002; and WHEREAS the MDCH continued the grant in the amount of $50,000 for the FY 2002- 2003; and WHEREAS the MDCH amended the 2002-2003 contract and increased the amount by $7,400; and WHEREAS the MDCH has increased the grant from $57,400 to $72,037 for FY 2003- 2004; and WHEREAS Children's Village and the Health Division have worked collaboratively in identifying, screening, and treating at-risk adolescents in special settings including juvenile detention, the county jail, the Frank Greenan Detention Facility, Crossroads for Youth, Common Ground Sanctuary, and the two Pontiac School District's Teen Health Centers; and WHEREAS this grant is 100% federally funded with no County match; and WHEREAS there are no additional personnel requested; and WHEREAS acceptance of this grant award does not obligate Oakland County to future funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve acceptance of the continuation of this grant award to the Department of Human Services — Children's Village Division. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners Chairperson is authorized to approve grant changes up to 15%. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE General Government Committee Vote: Motion carried on a roll call vote with Hatchett absent. , Page 1 of 1 Thomas Gordon From John Ross [rossj@co.oakland.mi.us] Sent: Friday, October 03, 2003 4:19 PM To: Greg Givens Cc: Tom Gordon Subject: FY 03/04 Children's Village Screening Project Grant Agreement Greg, I have just concluded negotiating a new Addendum A with the State of Michigan (copy attached for placement in your file). With the inclusion of the new Addendum A I approve the Grant agreement for signature. John Ross 10/010()(11 CONTRACT REVIEW - Children's Village GRANT NAME: Children's Village Screening Project FUNDING AGENCY: Michigan Department of Community Health DEPARTMENT CONTACT PERSON: Tom Gordon / 81293 STATUS: Acceptance DATE: September 10, 2003 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.- Laurie Van Pelt (9/2/2003) Personnel Department: Approved. - Ed Poisson (9/3/2003) Risk Management and Safety: Approval. - Julie Secontine (9/3/2003) Corporation Counsel: NOTE - John Ross of Corporation Counsel is currently working with the Michigan Department of Community Heath to change objectionable contract language for this grant. Please note the actions of Corporation Counsel. These actions should be completed before submission to the Board for acceptance. Once this done 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 #: P.O. # Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and Name: Oakland County Children's Village Address: 1200 N. Telegraph, Dept. 444 Pontiac, MI 48341 Federal I.D.#: 38-6004876 hereinafter referred to as the "Contractor" for Children's Village Screening Project Part I 1. Period of Agreement: This agreement shall commence on October 1, 2003 and continue through September 30,2004 . 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 $ 72,037.00. The Department under the terms of this agreement will provide funding not to exceed $72,037.00 . The federal funding provided by the Department is approximately $72,037.00 or 100 %; the Catalog of Federal Domestic Assistance (CFDA) number is 93977 and the CFDA Title is Preventive Health Service; the federal agency name is Public Health Service; the federal grant award number is H25/CCH504 341 and federal program title is Comprehensive STD Prevention Systems. 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 DCH-0665FY2004 4/03 (W) Page: 1 of 22 items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of title. C. Deviation Allowance A deviation allowance modifying an established budget category by $10,000 or 15%, whichever is greater, is permissible without prior written approval of the Department. Any modification or deviations in excess of this provision, including any adjustment to the total amount of this agreement, must be made in writing and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories, subcontracts, equipment items or positions not shown in the attached Program Budget Summary and supporting detail schedules. 3. Purpose: The focus of the program is to: Provide support for chlamydia and gonorrhea testing at Children's Village and other adolescent sites in 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 II of this agreement and Attachments B, D and E, 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) will be: Mark A. Miller Mgr. STD Section (517) 241-0870 Name, Location/Building Title Telephone No. DCH-0665FY2004 4/03 OM Page: 2 of 22 Title (248) 858-0487 Telephone No. 9. Contractor's Financial Contact for the Agreement: The person acting for the Contractor on the financial reporting for this agreement will be: Laurie VanPelt.Director — Oakland County Dept. Management & Budget Name Vanpelt@co.oakland.mi.us E-Mail Address 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. 11. Special Certification: The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. 12. Signature Section: For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Peter L. Trezise, Chief Operating Officer Date For the CONTRACTOR Name (print) Title (print) Signature Date DCH-0665FY2004 4103 (W) Page: 3 of 22 Part H General Provisions 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 of 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 3rd party fees, where applicable, and report these as outlined by the Department's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. 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-0665FY2003 2/02 (WP) Page: 4 of 19 F. Authorized Access -P,emiit 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 records, files and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. G. Single Audit Provide, consistent with regulations set forth in the Single Audit Act Amendments of 1996, 31 USC 7501 et seq, and Section .320 of Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," a copy of the annual Single Audit reporting package of the Contractor to the Department. 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. The Single Audit reporting package and management letter must be filed with the Department even if expenditures of federal funding from the Department are less than $300,000. Contractors that fall below the Single Audit threshold are exempt from the Single Audit requirements. Contractors exempt from the Single Audit requirements that receive $300,000 or more of total (State and Federal) Department grant funding must submit a copy of the Financial Audit prepared in accordance with generally accepted auditing standards (GAAS). Contractors exempt from the Single Audit requirements that receive less than $300,000 of total Department grant funding must submit a copy of the Financial Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact MDCH-funded programs, including, but not limited to, fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. When a Contractor is exempt from both the Single Audit requirements and the Financial Audit requirements, the Contractor must submit the audit status notification letter. Attachment E contains the audit status notification letter. DCH-0665FY2004 4/03 (W) Page: 5 of 22 The Single Audit reporting package and management letter, Financial Audit, or audit status notification letter is due within nine months after the end of 'the Contractor's fiscal 'year. The Single Audit reporting package and management letter, or the Financial Audit must be filed with the Department even if there are no findings reported in the audit pertaining to Department programs. 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 Single Audit requirements, as applicable, and provide for other subrecipient monitoring procedures, as deemed necessary. A copy of the Single Audit reporting package, Financial Audit, or the audit status notification letter must be forwarded to: Michigan Department of Community Health Office of Audit Quality Assurance and Review Section P.O. Box 30479 (Capital Commons Center, 400 S. Pine Street) 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, funding or compliance with operational procedures. 1. Year 2000 Compatibility The Contractor must ensure year 2000 compatibility for any software purchases related to this agreement. This shall include, but is not limited to: data structures (databases, data files, etc.) that provide 4-digit date century; stored data that contain date century recognition, including but not limited to: data stored in databases and hardware device internal system dates; calculations and program logic (e.g., sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values) that accommodates same century and multi- century formulas and date values; interfaces that supply data to and receive data from other systems or organizations that prevent non- 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-0665FY2004 4/03 ('Al) Page: 6 of 22 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. 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 provide to the Contractor any new report forms and reporting formats proposed for issuance thereafter at least ninety (90) days prior to their required usage in order to afford the Contractor an opportunity to review and offer comment. 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. DCH-0665FY2004 4/03 OM Page: 7 of 22 C. Non-Discrimination 1. In the performance of iany 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 or to receive services. The Contractor further agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrom will contain a provision requiring non-discrimination in employment, service delivery and access, as herein specified binding upon each subcontractor. This covenant is required pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and any breach thereof may be regarded as a material breach of the contract or purchase order. 2. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned and women owned businesses, and businesses owned by handicapped persons in contract solicitations. The Contractor shall incorporate language in all contracts awarded: (1) prohibiting discrimination against minority owned and women owned businesses and businesses owned by handicapped persons 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 three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; DCH-0665FY2004 4/03 (W) Page: 8 of 22 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 three-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. DCH-0665FY2004 4/03 (W) Page: 9 of 22 F. Hatch Political Activity Act and Intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501- 1508, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act, Public Law 95-454, 42 USC 4728. Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally- assisted programs. G. Home Health Services If the Contractor provides Home Health Services (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. DCH-0665FY2004 4/03 (VV) Page: 10 of 22 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. 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 under this agreement, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following: 1. The Contractor must not share any protected health data and information provided by the Department that falls within HIPAA requirements except to a subcontractor as appropriate under this agreement. 2. The Contractor must require the subcontractor not to share any protected health data and information from the Department that falls under HIPAA requirements in the terms and conditions of the subcontract. DCH-0665FY2004 4103 (W) Page: 11 of 22 3. The Contractor must only use the protected health data and information for the purposes of this agreement. 4. The Contractor must have written policies and procedures addressing the use of protected health data and information that falls under the H1PAA requirements. The policies and procedures must meet all applicable federal and state requirements including the HIPAA regulations. These policies and procedures must include restricting access to the protected health data and information by the Contractor's employees. 5. The Contractor must have a policy and procedure to report to the Department unauthorized use or disclosure of protected health data and information that falls under the HIPAA requirements of which the Contractor becomes aware. 6. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Part II, Section V. Termination. 7. In accordance with HIPAA requirements, the Contractor is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information received by the Contractor from the Department or any other source. 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 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. DC1-1-0665FY2004 4/03 (W) Page: 12 of 22 4. The advance must be returned to the Department within 30 days of the end date of this agreement unless the Contractor has a recurring agreement with the Department, and may not be held pending agreement audit. Subsequent Department agreements may be withheld pending recovery of the outstanding advance from a prior agreement. If the Contractor has a recurring agreement with the Department, the operating advance outstanding must be confirmed at the end of each fiscal year. The Department may obtain the Michigan Department of Treasury's assistance in collecting outstanding operating advances. The Department will comply with the Michigan Department of Treasury's Due Process procedures prior to forwarding claims to Treasury. Specific Due Process procedures include the following: a. Department offer of a hearing to dispute the debt, identifying the time, place and date of such hearing. b. A hearing by an impartial official. c. An opportunity for the Contractor to examine department's associated records. d. An opportunity for the Contractor to present evidence in person or in writing. e. A hearing official with full authority to correct errors and make a decision not to forward debt to Treasury. f. Contractor representation by an attorney and presentation of witnesses if necessary. 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. Failure to respond to the confirmation request may result in the Department recovering all or part of an outstanding operating advance. 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 43909, on a monthly basis, DCH-0665FY2004 4/03 (W) Page: 13 of 22 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. The FSR form and instructions for completing the FSR form are available through your Contract Manager or the Department's web site: • http://www. rn ichigan.gov/documents/DCH-0384- Financial Status_Report_8214_7.pdf and • http://www.michigan.gov/documents/DCH-0384- Financial_Status_Report_Instructions_8216_7.pdf. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. D. Reimbursement Mechanism All contractors are encouraged to sign up through the on-line vendor registration process to receive all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits. E. Final Obligations and Financial Status Report Requirements A report of estimated total agreement expenditures must be submitted based on annual guidelines and deadlines issued by the Department. 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. F. 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. DCH-0665FY2004 4/03 (W) Page: 14 of 22 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 111.0. 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. Severability 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. VIII. 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. DCH-0665FY2004 4/03 (W) Page: 15 of 22 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. 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. DCH-0665FY2004 4/03 (W) Page: 16 of 22 ATTACHMENT A STATEMENT OF WORK Project Summary: Six Oakland County sites serving adolescents will be utilized to obtain data on STDs and assess reproductive health needs: 1) Children's Village 2) Oakland County Jail 3) Pontiac Teen Health Centers 4) Common Ground Sanctuary 5) Crossroads for Youth and 6) Frank Greenan Male Detention Center. Additional adolescent sites (i.e. alternative schools, juvenile drug court) may be added if budget allows. Adolescents will be interviewed using a brief computerized sexual questionnaire and testing, treatment and counseling provided. Data will be collected, analyzed and forwarded to MDCH during the project year. Project data will be presented to Oakland County Human Services, Michigan Infertility Prevention Alliance, Michigan Juvenile Detention Association and other professional associations. Utilizing the identified project sites 1. Test at least 75 adolescents/per month, using urine based tests for gonorrhea and chlamydia. 2. Complete computerized sexual questionnaire on all adolescents tested. 3. Refer adolescents to reproductive health services if indicated. 4. Develop a risk reduction plan, promoting abstinence. 5. Treat and obtain partner notification information on positive adolescents. 6. Enter data from test results and questionnaire into Microsoft Access. 7.. Analyze and forward data to MDCH every three months. 8. Develop data into a presentation and present at various professional Meetings 9. Promote awareness of prevalence of STDs within adolescent population. DC1-1-0665F1'2004 4/03 (W) Page: 17 of 22 ATTACHMENT B PROGRAM BUDGET SUMMARY MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Program Date Prepared Page Of Children's Village Screening Project 8-07-03 1 1 Contractor Name BUDGET PERIOD Oakland County Children's Village From: I0-01-03To: 9-30-04 Mailing Address (Number and Street) Agreement: Amendment Number 1200 N. Telegraph Rd. Dept. 444 X Original EAmendment O• City State ZIP Lode Payee ID Number Pontiac MI 48341 TOTAL EXPENDITURE CATEGORY BUDGET 1. Salaries and Wages $53,116.00 2. Fringe Benefits $5,205.00 3. Travel $2,000.00 . 4. Supplies and Materials $1,000.00 5. Contractual (Subcontracts) $9,000.00 6. Equipment $1,216.00 7. Other Expenses: $501,0 .. _ _ 8. Total Direct Expenditures $72,037.00 (Sum of Lines 1-7) — _ 9. Indirect Costs: Rate #1% Indirect Costs: Rate #2 % I _ 10. TOTAL EXPENDITURES $72,037.00 SOURCE OF FUNDS: 11. Fees and Collections 12. State Agreement 13, Local 14. Federal 15. Other(s): $72,037.00 16. TOTAL FUNDING AUTHORITY: P.A. 368 of 1978 COMPLETION: Is Voluntary, but is required as a condition of funding DCH-0385(E) (Rev 3-03) (W) Previous Edition Obsolete. Also Replaces FIN-110 DCH-0665FY2004 4/03 (1,V) $72,037.00 The Department of Community Health is an equal opportunity employer, services and programs provider. Page: 18 of 22 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET — COST DETAIL Page2 Of 2 PROGRAM BUDGET PERIOD DATE PREPARED Children's Village Screening Project FROM TO 10-01-03 9-30-04 08-07-03 CONTRACTOR ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER Oakland County Children's Village x• POSITIONS 1. SALARY & WAGES —POSITION REQUIRED TOTAL SALARY COMMENTS DESCRIPTION Executive Director 1 $21,640.00 1 Nurse 3 $31,476.00 I 1 1 Total Salaries and Wages $53,116.00 2. FRINGE BENEFITS: (Specify) fl XFICA LIFE INS. /11 DENTAL INS COMPOSITE RATE TOTAL FRINGE UNEMPLOY INS. f VISION INS. WORK COMP AMOUNT % BENEFITS RETIREMENT HEARING INS. HOSPITAL INS. fl OTHER $ 5,205.00 3. TRAVEL (Specify if any item exceeds 10% of Total Expenditures) TOTAL TRAVEL $2,000.00 4. SUPPLIES & MATERIALS(Specify if any item exceeds 10% of Total Expenditures) TOTAL SUPPLIES 8.t. MATERIALS • $1,000.00 5. CONTRACTUAL (Subcontracts) Name Address Amount TOTAL North Oakland Medical Center 461 West Huron Street $9,000.00 CONTRACTUAL Pontiac, MI 48341 for medical assistant $9,000.00 at Teen Health Center 6. EQUIPMENT (Specify) Penbased computers 2 at $600.00/each TOTAL EQUIPMENT $1,216.00 7. OTHER EXPENSES (Specify if any item exceeds 10% of Total Expenditures) TOTAL OTHER $500.00 8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) i $72,037.00 9. INDIRECT COST CALCULATIONS Rate #1: Base $ X Rate % Total $ Rate #2: Base $ X Rate % Total $ 10. TOTAL EXPENDITURES (Sum of lines 8-9) $72,037.00 DCH-0386FY2004(E) (W) 4/2003 DCH-0665FY2004 4/03 (W) COMPLETION IS A CONDITION OF FUNDING AUTHORITY: P.A. 368 OF 1978 Page: 19 of 22 ATTACHMENT C PERFORMANCE / PROGRESS REPORT REQUIREMENTS A. The Contractor shall submit the following quarterly reports, adhering to the following dates and format: Quarter Due Oct. 1 — Dec. 31, 2003 Jan. 15, 2004 Jan. 1 — Mar. 31, 2004 Apr.15, 2004 Apr. 1 — Jun. 30,2004 Jul. 15,2004 Jul. 1 - Sep. 30, 2004 Oct. 15, 2004 Reporting Format: 1. Agency name, address, telephone and fax number; 2. Name and title of contact person; 3. Any program level changes, including changes in staff, services, catchment area, etc; 4. Narrative description of progress toward established contract objectives. Specifically, list each programmatic objective and a description of progress toward that objective; 5. Narrative description of major program and service accomplishments not directly related to the established goals and objectives; 6. Narrative discussion of any issues at the agency level that impact ability to achieve stated goals and objectives; 7. New services added during the quarter; 8. Cost saving efforts, including areas where cost savings were achieved and how this was accomplished; 9. Staff development and training activities related to client-level service provision. B. Any such other information as specified in Attachment A shall be developed and submitted by the Contractor as required by the Contract Manager. C. Reports and information shall be submitted to the Contract Manager at: Mark Miller, STD Program Manager, Div. HIV/AIDS-STD, 2479 Woodlake Cr., #380, Okemos MI 48864 D. The Contract Manager shall evaluate the reports submitted as described in Attachment C, Items A. and B. for their completeness and adequacy. E. The Contractor shall permit the Department or its designee to visit and to make an evaluation of the project as determined by Contract Manager. DCH-0665FY2004 4/03 (W) Page: 20 of 22 FINANCIAL STATUS REPORT MICHIGAN DEPARTMENT OF COMMUNITY HEALTH ATTACHMENT D BP° Number Contract Number Page Of Local Agency Name Program Code Street Address Report Period Date Prepared Thru Final City, State, ZIP Code Agreement Period FE ID Number Thru • Category Expenditures: - Agreeitient.:, .: Current Period 'Agreement YTD " :.180dget.;::. 'Balance 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 % 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 fo 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 FOR STATE USE ONLY Advance INDEX PCA- j::CODE,:,:, ' AMOUNT , ,... --, • Advance Outstanding Advance Issued or Applied Balance I I Message Authority: PA. 368 of 1978 The Department of Community Health is an equal opportunity, Completion: is a Condition of Reimbursement employer, services, and programs provider. , DCH-0384 (Rev. 4/01) (W) Previous Edition Obsolete - OCH-0665FY2004 4/03 (W) Page: 21 of 22 ATTACHMENT 'E Audit Status Notification Letter (Contractor exempt from the Single Audit or Financial Audit requirement) Date: To: Office of Audit Quality Assurance and Review Section P.O. Box 30479 (Capital Commons Center, 400 S. Pine Street) Lansing, MI 48909-7979 Re: Period/ Fiscal Year: The purpose of this letter is to comply with Michigan Department of Community Health grant contract Audit requirements. I certify that the (Name of Contractor) expended less than $300,000 in federal awards, and received less than $300,000 in total Department funding. Please be advised that our agency's audit did not address any findings related to current or prior years, that negatively impact MDCH-funded programs. Therefore, we are not required to submit either a Single Audit or Financial Audit to the Department. If you have questions, please contact at (Contractor's Representative) (Telephone number) Sincerely, (Contractor Representative/ Title) DCH-0665FY2004 4/03 (W) Page: 22 of 22 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 03/04 CHILDREN'S VILLAGE SCREENING PROJECT GRANT AGREEMENT ADDENDUM A 1. This addendum modifies the following sections of Part II, General Provisions: Part ll I. Responsibilities-Contractor 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. III. 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. J. Health Insurance Portability and Accountability Act. The provisions in this section shall be deleted In their entirety and replaced with the following language: Contractor agrees that it will comply with the Health Insurance Portability and Accountability Act of 1996, and the lawfully enacted and applicable Regulations promulgated thereunder. IX. 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 of 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 statue or modified by court decisions. 5. 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 Department or the Contractor. Signature Section: , For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Peter L. Trezise, Chief Operating Officer Date For the CONTRACTOR Name and Title Signature Revised 9-8-03 4 ' • I ' FISCAL NOTE (MISC. #03294) September 18, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF HUMAN SERVICES/CHILDREN'S VILLAGE DIVISION - FY 2003-2004 CHILDREN'S VILLAGE SCREENING PROJECT GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF CCMMISSIONERS 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 (MDCH) has awarded funding in the amount of $72,037 to the Oakland County Children's Village for use in monitoring sexually transmitted diseases in adolescents in special settings. 2. The grant period runs from October 1, 2003 through September 30, 2004. 3. The Fiscal Year 2004 Special Revenue grant budget should be amended to reflect the latest award as follows: FY2004 HUMAN SERVICE GRANTS REVENUE 1-16-275-501251-25010-0171 Grants-State $72,037 EXPENSES 2-16-275-501252-25010-2001 2-16-275-501252-25010-2075 2-16-275-501252-25010-3756 2-16-275-501252-25010-4252 2-16-275-501252-25010-3348 2-16-275-501252-25010-4101 2-16-275-501252-25010-3196 Salaries Fringe Benefits Travel & Conf. Supplies Professional Svs. Exp. Equip. Exp. Miscellaneous $53,116 5,205 2,000 1,000 9,000 1,216 500 $72,037 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Moffitt and Gregory absent. G. William Caddell, County Clerk I 41" Resolution #03294 October 16, 2003 Moved by Patterson supported by Potter the resolution be adopted. AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. 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 October 16, 2003 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 16th day of October, 2003.