No preview available
HomeMy WebLinkAboutResolutions - 2004.11.18 - 27622MISCELLANEOUS RESOLUTION #04323 November 18, 2004 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - FY 2004 - 2005 BYRNE MEMORIAL GRANT - MICHIGAN OFFICE OF DRUG CONTROL POLICY FOR PONTIAC INSTEP GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Public Services Community Corrections Division applied for the Byrne Memorial Grant from the Michigan Office of Drug Control Policy in the amount of $103,497 in grant funds for the period of October 1, 2004, through September 30, 2005; and WHEREAS the Michigan Office of Drug Control Policy has awarded Oakland County a FY 2004/2005 Community Corrections grant in the amount of $103,497, which is the amount requested in the original application; and WHEREAS the program total is $172,495, of which $103,497 (60%) is federal funded, and $68,998 (40%) is County grant match; and WHEREAS this grant supports the InStep project of employing the "Say It Straight" method and training in this area in order to reduce and prevent the risk of destructive behaviors such as alcohol, tobacco, and other drug use. Also it tries to avert violence, school drop-out, teen pregnancy, behaviors leading to HIV/AIDS along with promotion of wellness, personal and social responsibility, positive self-esteem and positive relationships; and WHEREAS the grant funds two (2) Community Corrections Specialist II positions (# 9332 & #9401), travel, material and supplies, and subcontractors to administer the program; and WHEREAS the grant acceptance requires no additional personnel to fulfill the grant agreement; and WHEREAS it should be noted that there are General Fund/General Purpose funded Community Corrections Specialist positions included in the Fiscal Year 2004/2005 Budget, which are not part of this grant; and WHEREAS the grant agreement has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2004/2005 Community Corrections grant from the Michigan Office of Drug Control in the amount of 8103,497. 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 the future level of service, including personnel would be contingent upon the level of funding available from the State. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. LIC SENCES ictrITTEE t n ( 4-e"4 Public Services Committee Vote: Motion carried unanimously on a roll call vote. 10 ,/I Helen Hanger From: Karen Agacinski [agacinskik@co.oakiand.mi.us] Sent: Tuesday, November 09, 2004 10:27 AM To: Greg Givens Subject: FW: FY 05 Byrne Contract(s) Original Message From: Karen Agacinski [mailto:agacinskik@co.oakland.mi.us] Sent: Friday, October 22, 2004 5:18 PM To: Kevin Bertram; Greg Givens Subject: FW: FY 05 Byrne Contract(s) Talked with Larry Chambers a couple of times today. He was willing to draft the following email, but he is the contract administrator, not the person who would have the final say. He indicates that he has brought the language about computer compliance to the attention of whatever mysterious power drafts contracts, and has the impression that they may be unwilling to change the language (notwithstanding that it is not even a complete sentence.) I told him I would call him again on Tuesday (the due date for these grants) to see if we have made any progress. any thoughts? thanks Karen Original Message From: Larry Chambers [mailto:ChambersUmichigan.gov] Sent: Friday, October 22, 2004 3:20 PM To: agacinskik@co.oakland.mi.us Subject: Fwd: FY 05 Contract >>> Larry Chambers 10/22/2004 1:14:56 PM >» I am not sure my original email was successfully delivered so T am resending. As we discussed on the phone this morning, the language contained in Part II, Section I of the FY 05 Standardized DCH contract is intended to ensure that software utilized by the Contractor (i.e. Oakland County)for various products (databases, reports, stored data, etc.) is compatible with that used by DCH. As an example, ODCP utilizes MS Word and MS Excel for its reporting requirements. It would be expected that the project in question use software compatible with these programs so as to facilitate reporting. The purchase of such software is an allowable grant expense to assist projects with compliance and compatibility. 1 michael pohlod From: Greg Givens [givensg@co.oakland.mi.us] Sent: Wednesday, October 27, 2004 9:44 AM To: Doyle, Larry; Hankey, Barb; Peterson, Karen Cc: Pohlod, Michael; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary; Hanger, Helen Subject: CONTRACT REVIEW — Community Corrections Division CONTRACT REVIEW - Community Corrections Division GRANT NAME: FY 2005 Byrne - InStep Pontiac Program FUNDING AGENCY: Michigan Office of Drug Control Policy DEPARTMENT CONTACT PERSON: Karen Peterson / 248/451-2342 STATUS: Acceptance DATE: October 27, 2004 Pursuant to Misc. Resolution 401320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Please note the comments from Corporation Counsel. This correction should be made before submission to the Board for acceptance. 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. Department of Management and Budget: Approved.- Laurie Van Pelt (10/8/2004) Department of Human Resources: Approved. - Ed Poisson (10/11/2004) Risk Management and Safety: Approved. - Gerald Mathews (10/13/2004) Corporation Counsel: After reviewing this grant contract, there appears to be only one issue that requires attention. In Part =1 (General Provisions), Section 1(I), the first four lines do not make a full sentence. The phrase presently reads: "The Contractor must ensure that software compliance and compatibility with the Department's data systems for services provided under this agreement including but not limited to; stored data, databases, and interfaces for the production of work products and reports." I have discussed this section with the Larry Chambers, grant advisor for the Office of Drug Control Policy, and received an email from him regarding the likely interpretation of this section, which appears acceptable. I have forwarded the email to Greg Givens and Kevin Bertram for their records. Mr. Chambers also indicates that it is unlikely that we will be successful in having this phrase converted into a full sentence by those who draft contracts for the State. But, based on his email, I suggest that the Chairman cross out the "that" in the first line and initial the change when he signs the contract. In the meantime, I will continue to work with Mr. Chambers in the hopes of obtaining a corrected page. Otherwise, there appear to be no outstanding legal issues that require additional action or resolution at this time. - Karen Agacinski (10/26/2004) 1 Contract #: 20051345 Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department' and County of Oakland 1200 N. Telegraph Rd. Pontiac, MI, 48053 Federal I.D.#. 38-6004876 hereinafter referred to as the "Contractor" for Oakland County Community Corrections InStep - Pontiac 72124-2-04-B Part I 1. Period of Agreement: This agreement shall commence on 10/1/2004 and continue through 9/30/2005 . 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 $ 172,495 . The Department under the terms of this agreement will provide funding not to exceed $103,497 The federal funding provided by the Department: is approximately $ 103, 497 Or 100.00 %; the Catalog of Federal Domestic Assistance (CFDA) number is 16.579 and the CFDA Title is Byrne Memorial Formula Grant federal agency name is United States Department of Justice ; the federal grant award number is 2004DBBX0052 and federal program title is Byrne Formula Grant B. Equipment Purchases and Title Any contractor equipment purchases supported in whole or in part through this agreement must be listed in the supporting Equipment Inventory 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 Department's proportionate interest in such equipment supports such retention or transfer of title. ; the 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: See Attachment 1 4. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in Attachment 2, which is part of this agreement through reference. 5. Financial Requirements: The reimbursement process shall be followed as described in Part ll of this agreement and Attachments 3, 5 and 6, which are part of this agreement through reference. 6. Performance/Progress Report Requirements: The progress reporting methods, as applicable, shall be followed as described in Attachment 4, which is part of this agreement through reference. 7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in Part II and Attachment 7, which is part of this agreement through reference. 8. Administration of Agreement: The person acting for the Department in administering this agreement (hereinafter referred to as the Contract Manager) is: Nancy Bennett Name, Location/Building Title Telephone No. BeckerN@michigan.gov Email Address 9. Special Conditions: A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. 10. Special Certification: The Authorized Official's typed name, in lieu of a signature represents the Contractor's legal binding acceptance of the term of this Grant Agreement including the federal Non- supplanting provision, Certifications and Assurances agreed to prior to application submission and included in Attachment 7. For the CONTRACTOR Thomas Law Authorized Official's Name Chair Person Board of Commissioners Title Part II General Provisions I. Responsibilities — Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Rights 1. Where activities supported by this agreement produce books, films, or other such copyrightable materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the Department reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or modifications bearing acknowledgment of the Department's name must be approved by the Department prior to reproduction and use of such materials. Any publication (written, visual, or sound, including press releases, newsletters, and issue analyses) issued by the Contractor, or by a Subcontractor describing programs or projects funded in whole or in part with Federal funds, shall contain the following statement: "This project was supported by grant project # , awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice and administered in Michigan by the Michigan Department of Community Health/Office of Drug Control Policy. 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 1st 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. 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 records, files and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. G. Audits Single Audit 1. Provide, consistent with regulations set forth in the Single Audit Act Amendments of 1996, P.L. 104-156, 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 a contractor is administering only one federal program) of agencies that expend $500,000 or more in federal awards during the Contractor's fiscal year. Contractors who have a Single Audit conducted as a result of $500,000 or more in expenditures of Federal funds must submit the Single Audit reporting package and management letter, if issued, to the Department even if Federal funding received from the Department results in less than $500,000 in expenditures. The Contractor must assure that each of its subcontractors comply with the above Single Audit requirements, as applicable, and provide for other subcontractor monitoring procedures, as deemed necessary. The Contractor must also assure that the Schedule of Expenditures of Federal Awards includes expenditures for all federally funded grants. 2. Financial Statement Audit Contractors exempt from the Single Audit requirements that receive $500,000 or more in total funding from the Department in State and Federal grant funding must submit a copy of the Financial Statement Audit prepared in accordance with generally accepted auditing standards (GAAS), and management letter, if one is issued. Contractors exempt from the Single Audit requirements that receive less than $500,000 of total Department grant funding must submit a copy of the Financial Statement 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. 3. Other Audits The Department or federal agencies may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. 4. Notification When a Contractor is exempt from both the Single Audit requirements and the Financial Statement Audit requirements because funding is below the thresholds described above and there are no disclosures that may negatively impact MDCH-funded programs, the Contractor must submit an Audit Status Notification Letter that certifies these exemptions. Attachment 6 contains a sample Audit Status Notification Letter. 5. Due Date The Single Audit reporting package and management letter, if one is issued, Financial Statement Audit and management letter, if one is issued or Audit Status Notification Letter shall be submitted to the Department within nine months after the end of the Contractor's fiscal year. 6. Penalty a. Delinquent Single Audit or Financial Statement Audit If the Contractor does not submit the required Single Audit reporting package and management letter, or the Financial Statement Audit and management letter within nine months after the end of the Contractor's fiscal year, the Department may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $100,000) until the required filing is received by the Department. The Department may retain the amount withheld if the contractor is more than 120 days delinquent in meeting the filing requirements. b. Delinquent Audit Status Notification Letter Failure to submit the Audit Status Notification Letter, when required, may result in withholding from the current funding an amount equal to one percent of the audit year's grant funding until the Audit Status Notification Letter is received. 7. Where to Send A copy of the Single Audit reporting package and management letter, if one is issued, Financial Statement Audit and management letter, if one is issued, 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* Lansing, Michigan 48909-7979 Or *Capital Commons Center 400 S. Pine Street Lansing, Michigan 48933 8. Management Decision The Department shall issue a management decision on findings and questioned costs contained in the Contractor's Single Audit within six months after the receipt of a complete and final audit report. The management decision shall include whether or not the audit finding is sustained; the reasons for the decision; and the expected Contractor action to repay disallowed costs, make financial adjustments, or take other action. Prior to issuing the management decision, the Department may request additional information or documentation from the Contractor, including a request for auditor verification of documentation, as a way of mitigating disallowed costs. H. Notification of Modifications Provide timely notification to the Department, in writing through the Department's electronic grants system, of any action by its governing board or any other funding source that would require or result in significant modification in the provision of services, funding or compliance with operational procedures. Software Compliance The Contractor must ensure that software compliance and compatibility with the Department's data systems for services provided under this agreement including but not limited to: stored data, databases, and interfaces for the production of work products and reports. All required data under this agreement shall be provided in an accurate and timely manner with out interruption, failure or errors due to the inaccuracy of the Contractor's business operations for processing date/time data. 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. III. 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-Lobbvinq 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 subreciplents 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 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; 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. 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. 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. H. 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. 1. 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. 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 HIPAA 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. J. Supplanting The Contractor will comply with Federal requirements concerning supplanting. Funds must be used to supplement existing funds for program activities and no replace those funds which have been appropriated for the same purpose; Potential supplanting will be the subject of application review, as well as pre-award review, post-award monitoring and audit. Supplanting means to deliberately reduce state or local funds because of existence of federal funds (e.g., when state funds are appropriated for a stated purpose and federal funds are awarded for that same purpose, the state replaces its state funds with federal funds, thereby reducing the total amount available for the stated purpose). 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 through the Department's electronic grants system. FSRs must be submitted 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. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. C. 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. D. Final Obligations and Financial Status Report Requirements 1. Preliminary Close Out Report A Preliminary Close Out Report, based on annual guidelines, must be submitted by the due date through the Department's electronic grants system using the format provided by the Department's Accounting Division. The Contractor must provide an estimate of total expenditures for the entire agreement period. The information on the report will be used to record the Department's year-end accounts payables and receivables for this agreement. 2. Final FSRs Final FSRs are due sixty (60) days following the end of the fiscal year or agreement period. Final FSRs not received by the due date may result in the loss of funding requested on the Preliminary Close Out Report and may result in the potential reduction in the subsequent year's agreement amount. E. Unobligated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. V. Agreement Termination The Department may cancel this agreement without further liability or penalty to the Department for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. C. This agreement may be terminated immediately if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section 111.D. of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial, performance and other reports required as a condition of this agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable 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 through the Department's electronic grants system and accepted by all parties to this agreement. Any change proposed by the Contractor which would affect the Department funding of any project, in whole or in part in Part 1, Section 2.C. of the agreement, must be submitted in writing through the Department's electronic grants system to the Department for approval immediately upon determining the need for such change. 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. 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. ATTACHMENT 1 PURPOSE 72124-2-04-B he central juvenile diagostic center in Pontiac provides a "one-stop-shop" approach. teferred youth are assessed and can access services in one location. Existing services tnd providers are borught together under one roof, which improves coordination. ATTACHMENT 2 STATEMENT OF WORK 72124-2-04-8 The InStep program - Pontiac provides services from assessment through aftercare, all within one location. By providing a thorough risk and needs assessment and comprehensive services with a multisystemic approach (MST), there will be a reduced recidivism rate, improved family and peer relations, decreased behavioral problems and use of illegal substances. After meeting with school officials in Pontiac, it was determined that appropriate referrals would be adolescents ages 14-18 that are suspected to have substance abuse, co-occurring disorders and/or behavioral/delinquent issues within the community, school or home. According to Shay Bilchik of the Office of Juvenile Justice and Delinquency Prevention, 1997, the MST approach was developed as a means to provide scientifically validated, cost-effective, community based treatment as a vaible alternative to expensive, ineffective treatments that have traditionally been provided to youth with serious behavior disorders. MST focuses on the individual youth and his or her family; peer context, school/vocational performance and neighborhood/community supports. This is a way of promoting prosocial behavior while decreasing antisocial behavior. Results from other follow up studies indicate that the effects of MST treatment are long lasting, with reduced recidivism rates. All adolescents referred to the program will have an intake and assessment completed with the case manager, juvenile and parent/guardian. The assessment tools that will be utilized are the MAYSI (Massachusets Youth Screening Instrument) and the JASAE (Juvenile Automated Substance Abuse Evaluation). The MAYSI is a sstandardized 52 item true false scrrening, The MAYSI provides information on Alcohol/Drug Use, Angry-Irritible, Depressed-Anxious, Somatic Complaints, Suicide Ideation, Thought Disturbance, and Traumatic Experiences. The JASAE is a 107-item self-administered survey based on adolescent norms. It addresses alcohol/drug use based on DSM-IV and ASAM criteria, as well as attitude and life stress. The juvenile's treatment plan will be developed using information gathered from the intake interview, the MAYSI, JASAE, and a strength-based assessement. Each participant will be assigned a case manager. It will be the responsibility of the case manager to ensure the participation of the juvenile and family with the treatment plan. The case manager will also be seeing the adolescent and their family on an individual basis at the program site, school and at their home as needed. The program in Pontiac will offer services including and not limited to: a Level One education substance abuse group, mental health counselors that conduct individual and family therapy - for those that have mental health and co-occurring disorders, psychiatric services, teen girls support group, anger awareness group, transporation as needed, and drug/alcohol testing. However, the problems that plague the Pontiac area are far different than the issues seen in more rural and upper/middle class areas of Oakland County. InStep - Pontiac will add more tailored programming to assist with the concerns of the Pontiac community. In addition to the above mentioned groups, Nurses from the Health Department in Oakland County will assist in educating the youth in HIV/AIDS, teen pregnancy, and infant mortality. A Family Skills Training module will also be implemented to include family members. Poor family attachment and poor parenting behavior were found to have an impact on these developmental pathways to delinquency. Parental support has been found to be one of the most powerful predictors of reduced delinquency and drug use in minority ATTACHMENT 2 STATEMENT OF WORK (outh. Family Skills training is targeted to high-risk groups of children and families. rhe interventions in this training include behavioral parent training, children's social skills training and behavioral family therapy. According to Kumpfer and Alvarado, 1998, .effective parent and family programs address family relations, communication, and oarental monitoring. Although research has shown that the final pathway to delinquency and drug use is through peer influence, the family precursors are lack of parental monitoring moderated by parental caring and positive parent-child relationships. Support and guidance by pro-social, well-adjusted parents provide a sustaining positive influence pn children's developmental pathways and risk status for delinquency. ?amily members will be required to attend the intake session with the adolescent onsite at InStep. The parents/guardians of the youth will sign a participation agreement to the affect that they will actively participate with the juvenile and their treatment. The family will be required to attend counseling sessions with their child on an as needed )asis to ensure meaningful involvement. They will also be encouraged to attend family/individual therapy if needed and the Family Skills training. EnStep - Pontiac will be further enhancing the program by adding the "Say It Straight" module for school year 2004/05. Say It Straight (SIS) is a research-based education and :raining program. The goals of SIS training are prevention of risky or destructive )ehaviors, such as alcohol, tobacco, other drug (ATOD) use, violence, school drop-out, :een pregnancy, behaviors leading to HIV/AIDS; and promotion of wellness, personal and social responsibility, positive self-esteem and positive relationships. Within a framework of communication skills training, SIS creates opportunities for people to liscover their internal resources, their deepest wishes in difficult interpersonal 5ituations and develop the skills needed to implement them. The training is co-created by )articipants by having them choose situations important in their own lives within which :hey practice their learnings. Thus, SIS is appropriate for any age, gender or naltural/ethnic group. ,fter SIS, youth are 3.7 times less likely to have substance abuse related school luspensions and 4.5 times less likely to have juvenile criminal police offenses such as .ssaults, vandalism, burglary, runaway, etc. compared to youth who did not have SIS raining. Reductions in precocious sexual behavior and pregnancy, and fights that lead to iolence have also been reported. Say It Straight Training was an integral part of a -year Center for Substance Abuse Prevention (CSAP) funded demonstration grant, "Creating asting Connections." "Creating Lasting Connections" is an award winning program carried ut by COPES. In 2001, the U.S. Department of Educaticn, Expert Panel on Safe, isciplined and Drug-Free Schools designated Say It Straight Training as a Promising rogram for prevention of violence, substance abuse and other high-risk behaviors; and romotion of wellness, self-awareness, personal and social responsibility,good ommunication skills and positive relationships. A 3 day workshop for the case managers ill be necessary to institute this training module in the Pontiac InStep site. s participants near completion of the InStep program, the case manager will formulate an ftercare plan. The client will also be given the option of returning to the InStep rogram at any time that they feel it necessary for additional support and relapse revent ion. ATTACHMENT 2 STATEMENT OF WORK There is a strong collaboration between the following agencies with regard to the replication and implementation of InStep in the Pontiac community. These partners include: Oakland County Family Court Division, Pontiac School District, Pontiac Police Department, Oakland County Office of Substance Abuse, Oakland County Community Mental Health Authority through its contracted provider Easter Seals-Family Mental Health Services, Pontiac Youth Assistance, Oakland County Health Division, Peer Male Role Models, Oakland County Prosecutors office and Oakland County Community Corrections Division. Quarterly meetings will be held with all of the above partners to discuss the programs objectives and where concerns and ideas will be brought to the table in order to maintain an effective collaboration and service to the families of Pontiac. Easter Seals - Family Mental Health Services will be providing a full time therapist onsite that will conduct individual and family therapy, as well as facilitates various groups. The Office of Substance Abuse provides the dollars necessary so that a community based substance abuse agency can facilitate the needed educational substance abuse groups. InStep - Pontiac will create linkages between agencies that have normally been isolated in dealing with the problems of youth, family and substance abuse. In the past, families and youth were referred to multiple agencies to receive services, which has been frustrating for the community. The partnership between the various agencies has brought unity, understanding and a reduction in replication of services. Each individual agency will gain insight about the challenges; obstacles and limitations that they have each faced. Cross system collaboration must form the basis for all solutions. The field is beginning to understand that the needs and issues surrounding individuals with substance abuse and/or mental health disorders cannot be placed at the doorstep of any single agency or system. Although an individual system can help improve the care and treatment of youth in the juvenile justice system, effective solutions require that multiple relevant agencies coordinate and integrate strategies and services (Cocozza and Skowyra, 2000). Oakland County Community Corrections Division will be the primary recipient and lead agency for controlling and completing all aspects and activities proposed in this grant application. Community Corrections Division will remain the lead agency for the duration of funding and will be the sole point of contact for all matters related to this proposal. The lead agency has the managerial and financial capability to ensure proper planning, management, and completion of the project described in this proposal. Oakland County Community Corrections has been in existence since 1994 and draws from a variety of funding sources. In 2002, Community Corrections had grant funding totaling in excess of $3.3 million. The Pontiac Instep program is located in Central High School. The following tasks are still to be completed as part of the project implementation: 1) implement various group components as needs of the adolescents and their families are identified 3) continue outcome studies as appropriate. Pontiac is well illustrated by fact the substance abusers and mentally ill offenders are often untreated because the lack adequate procedures to divert them into community-based treatment programs, when appropriate. If we are to effectively respond to the prevalence of mental health and substance abuse problems among juveniles in our justice system, we ATTACHMENT 2 STATEMENT OF WORK must carefully assess juveniles when they first come in contact with the system (Bilchik, 1998). By providing cross-system services, community assessment centers like InStep, integrate multidisciplinary perspectives on the client's needs, enhance coordination of effort among service providers, afford an opportunity to assess youth immediately, and reduce duplication of assessment services (Bilchik, 1999). In accomplishing this, juvenile adjudications, short term detention and long term residential placements will be reduced, thus saving tax payer dollars. ATTACIiMENT 3 PROGRAM BUDGET SUMMARY BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT FY 2004 - 2005 Program: Date Prepared. 1 Of InStep - Pontiac 4/12/2004 I Page: 1 Canuaeter Name: Budget Period: County of Oakland 10/1/2004 - 9/30/2005 Mailing Address: Budget Agreement: Amendment Number: — 1200 N. Telegraph Rd. ...x._ Original n Amendment City: State: Zip Code: Payee Federal ID Number: Pontiac MI 48053 38-6004876 EXPENDITURE CATEGORY STATE FUNDS LOCAL MATCH TOTAL BUDGET 1. Salaries and Wages $61,800 $41,200 $103,000 2. Fringe Benefits S30,282 $20,188 $50,470 _ 1 Travel $840 $560 $1,400 4. Supplies and Materials $4,575 $3,050 $7,625 5. Contractual (Subcontracts) $6,000 $4,000 $10,000 6. Equipment 7. Other Expenses 8. TOTAL DIRECT EXPENDITURES $103,497 $68,998 $172,495 9 Indirect Costs: 0% $0 $0 $0 10. TOTAL EXPENDITURES $103,497 $68,998 $172,495 , SOURCE OF FUNDS STATE FUNDS LOCAL MATCH TOTAL BUDGET 11. State Agreement S103,497 $103,497 12. Fees and Collections $o 13. Local $68,998 $68,998 14, Federal $o $o 15. Other (s) so $o 16. TOTAL FUNDING $103,497 $68,998 $172,495 _ Vuthority; PA. 368 of 1978 ompletion; Is Voluntary, but is required as a condition of funding. DCH-0385(E) (Rev. 6-02) (Excel) Previous Edition Obsolete, Also Replaces FIN- 110 The Department of Community Health is an equal opportunity employer, service, and programs provider. ATTACHMENT 3 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET COST DETAIL Page 1 of 2 PROGRAM CODE BUDGET PERIOD DATE PREPARED InStep - Pontiac 72124-2-04-B 10/1/2004 to 9/30/2005 4/12/2004 1:18 ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER 1. SALARY AND WAGES POSITIONS TOTAL REQUIRED SALARY COMMENTS Two Full time case managers 2 $103 000 Salaries have increased and fringe has increased , by 8%. over last year i TOTAL SALARIES AND WAGES 2. FRINGE BENEFITS (specify) FICA III LIFE INS. El DENTAL INS 1111 COMPOSITE RATE UNEMPLOY INS. E VISION INS. WORK COMP AMOUNT % III RETIREMENT ri HEARING INS. El HOSPITAL INS. Il OTHER TOTAL FRINGE BENEFITS $ 3. TRAVEL (specify if any item exceeds 10% of Total Expenditures) 'Mileage for case managers traveling to and from schools and home visit $240 $160 staff training $600 $400 $ 4. SUPPLIES AND MATERIALS (specify if any item exceeds 10% of Total Expenditures) Say It Straight Student Workbooks (150 x $7.50) 675 450 JASAE assessment tool 1,200 800 t Drug testing supplies 1,800 1,200 4/ 5. CONTRACTUAL (SUBCONTRACTS) NAME ADDRESS AMOUNT Community Mental Health Autho $6,000 $4,000 $ 6. EQUIPMENT (specify) 7. OTHER EXPENSES (specify if any item exceeds 10% of Total Expenditures) B. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7) 9. INDIRECT COST CALCULATIONS Rate 10. TOTAL EXPENDITURES (sum of lines 8-9) 1 $ AUTHORITY: P.A. 368 of 1978 COMPLETION IN A CONDITION OF FUNDING DCH-0386FY2002(E) (W) 6/2001 ATTACHMENT 3 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET COST DETAIL Page 2 of 2 PROGRAM CODE BUDGET PERIOD DATE PREPARED InStep - Pontiac 72124-2-04-B 10/1/2004 to 9 /30/2 005 4/12/2004 1:18 ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER 1. SALARY AND WAGES POSITIONS 1 TOTAL - COMMENTS REQUIRED 1 SALARY 1- TOTAL SALARIES AND WAGES 2 $103,000 2. FRINGE BENEFITS (specify) X FICA El LIFE INS. ei DENTAL INS Ffl COMPOSITE RATE pi UNEMPLOY INS. 2 VISION INS. X WORK COMP AMOUNT % X RETIREMENT Li HEARING INS. HOSPITAL INS. OTHER S5 TOTAL FRINGE BENEFITS $ 0,470 3. TRAVEL (specify if any item exceeds 10% of Total Expenditures) $ $1,400 4. SUPPLIES AND MATERIALS (specify if any item exceeds 10% of Total Expenditures) Postage, paper, pens etc 900 600' $ $7,625' 5. CONTRACTUAL (SUBCONTRACTS) NAME ADDRESS AMOUNT $ $10,000 6. EQUIPMENT (specify) $ $01 7. OTHER EXPENSES (specify if any item exceeds 10% of Total Expenditures) $ $0 8. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7) $ $172,495 9. INDIRECT COST CALCULATIONS Rate DV so so $ $0 la TOTAL EXPENDITURES (sum of lines 8-9) $ $172,495 DCH-0386FY2002(E) (W) 6/2001 COMPLETION IN A CONDITION OF FUNDING AUTHORITY: P.A. 368 of 1978 ATTACHMENT 4 PERFORMANCE / PROGRESS REPORT REQUIREMENTS A. The Contractor shall submit the following reports on the following dates: Program reports must be downloaded from the ODCP web site: www.michigan.gov/odcp, click on: Law Enforcement, click on: Forms. Reports are due quarterly and must be attached to the MAGIC Intelligrants System and submitted to the Office of Drug Control Policy no later than: January 20, 2005, April 20, 2005, July 20, 2005, and October 20, 2005. B. Any such other information as specified in Attachment 2 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: D. The Contract Manager shall evaluate the reports submitted as described in Attachment 4, 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. ATTACHMENT 5 FINANCIAL STATUS REPORT MICHIGAN DEPARTMENT OF COMMUNITY HEALTH BP0 Number Contract Number Page 1 Of — I Local Agency Name Program Code Street Address Report Period Date Prepared Thru 0 Final City, State, ZIP Code Agreement Period FE ID Number Thru Category Expenditures Agreement Current Per' . 1. Salaries & Wages 2. Fringe Benefits 3. Travel 4. Supplies & Materials 5. Contractual (Sub-Contracts) 6. Equipment 7. Other Expenses 8. TOTAL DIRECT 9a.Indirect Costs: Rate#1% 9b.Indirect Costs: Rate#2% 10. TOTAL EXPENDITURES SOURCE OF FUNDS: 11. State Agreement 12. Local 13. Federal 14. Other _ 15. Fees & Collections 16. 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 Advance INDEX lltIIIT Advance Outstanding _ Advance Issued or Applied _ Balance 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. OCH-0384(E) (Rev. 3/04) (W) Previous Edition Obsolete ATTACHMENT 6 Audit Status Notification Letter (Contractor exempt from the Single Audit and Financial Audit Submission requirement) Date: To: MDCH Office of Audit Quality Assurance and Review Section P.O. Box 30479 Lansing, Michigan 48909-7979 From: Agency Name: Address: Federal ID Number: Re: Agency Fiscal Year Ended: The purpose of this letter is to comply with Michigan Department of Community Health grant contract audit requirements. I certify that the (Agency Name) agency expended less than $500,000 in federal awards, and received less than $500,000 in total Department funding. I also certify 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 Statement Audit to the Department. If you have questions, please contact at (Contractor's Representative) (phone) Sincerely, Signature Print Name of Contractor Representative/Title ATTACHMENT 7 CERTIFICATIONS AND ASSURANCES Non-Supplanting The Byrne Memorial Formula Grant Program and Local Law Enforcement Block Grant require that federal funds not be used to supplant state or local funds. The applicant must assure that federal funds will not be used to replace or supplant state or local funds, but will be used to increase the amount of such funds that would, in the absence of federal funds, be made available for law enforcement activities. Certification Regarding Lobbying Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a Federal contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more. This certification is a material presentation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 132, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any non-Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the authorized official will complete and submit Standard Form #LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify and disclose accordingly. Certification Regarding Debarment This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as Part VIII of May 26, 1988 Federal Register (pages 19160-19211), The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency ATTACHMENT 7 CERTIFICATIONS AND ASSURANCES (cont'd) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Assurances The applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements — 28 CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the applicant assures and certifies that: 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 P.L. 91-646, which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 3. It will comply with provisions of Federal law, which limit certain political actives of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in party by Federal grants. (5 USC 1501, et seq.) 4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 7. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of ATTACHMENT 7 CERTIFICATIONS AND ASSURANCES (cont'd) Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with the flood insurance purchase requirements of Section 102 (a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102 (a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guarantee, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-let seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.0) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 11. It will comply, and assure the compliance of all it sub grantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars or regulations. 12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure, Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures, and Federal laws or regulations applicable to Federal assistance programs. 13. It will comply, and all its contractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non- ATTACHMENT 7 CERTIFICATIONS AND ASSURANCES (cont'd) Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 14. In the event of a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex or disability against a recipient of funds, the recipient will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs. 15. It will provide art Equal Employment Opportunity Program if required to maintain one— the application is for $500,000 or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act (Pl. 97-348) dated October 19, 1982 (16 USC 3501 et seq.), which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. FISCAL NOTE (MISC. 104323) November 18, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - FY 2004 - 2005 BYRNE MEMORIAL GRANT - MICHIGAN OFFICE OF DRUG CONTROL POLICY FOR PONTIAC INSTEP 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. Oakland County has received a grant of $103,497 from the FY 2004-2005 Byrne Memorial Grant - Michigan Office of Drug Control Policy for the Pontiac Instep Grant, which is the amount requested in the original application. 2. The grant award is $6,631 or 6% less than the previous award of $109,828. 3. This is the second year of this grant, and is a community- based central juvenile diagnostic program used to supplement existing services. 4. The County is expected to incur $3,504 in administration and support costs, which have been included in the FY 2005 budget. This grant does not allow for the recovery of those costs. 5. The total cost of the program is $172,495, with $68,998 (40t) of the cost in grant match from the County's General Fund and $103,497 (60%) in from the Byrne Memorial Grant Fund. 6. An amendment to the special revenue budget, Attachment "A" is requested to reflect the new grant award for FY 2005. 7. A budget amendment is recommended to transfer the grant match funds to the Community Corrections grant match line item as follows: General Fund FY 2005 Expenditures 90-290000-25000-2872 Non-Dept. - Grant Match ($68,998) 17-402200-70001-2872 Community Corr - Grant Match $68,998 0 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #04323 November 18, 2004 Moved by Wilson supported by Hatchett the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). ••nn 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 November 18th, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the sea} of th Pontiac, Michigan this 18th day of November, 2004. ounty of Oakland at G. William Caddell, County Clerk