HomeMy WebLinkAboutResolutions - 2005.12.08 - 27808MISCELLANEOUS RESOLUTION #05289 December 8, 2005
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION — FISCAL
YEAR 2005/2006 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 $86,248 in grant funds
for the period of October 1, 2005, through September 30, 2006; and
WHEREAS the Michigan Office of Drug Control Policy has awarded Oakland County a Fiscal
Year 2005/2006 Community Corrections grant in the amount of $86,248 which is the amount requested in
the original application; and
WHEREAS the program total is $172,496, of which $86,248 (50%) is federal funded, and $86,248 (50%)
is County grant match; and
WHEREAS this grant supports the In Step 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 2005/2006 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
Fiscal Year 2005/2006 Community Corrections grant from the Michigan Office of Drug Control in the
amount of $86,248.
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.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on a roll call vote with Gregory absent.
Karen Peterson
From: Greg Givens [givensg@co.oakland.mi.us ]
Sent: Thursday, November 03, 2005 2:14 PM
To: Doyle, Larry; Peterson, Karen; Hankey, Barb; Matkosky, Joe
Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel,
Nancy; Johnston, Brenthy; Worthington, Pam
Subject: GRANT REVIEW — Community Corrections / Byrne
GRANT REVIEW - Community Corrections
GRANT NAME: FY 2006 Pontiac InStep Program
FUNDING AGENCY: Michigan Office of Drug Control Policy - Byrne
DEPARTMENT CONTACT PERSON: Karen Peterson / 248-451-2342
STATUS: Acceptance
DATE: November 3, 2005
Pursuant to Misc. Resolution #01320, please be advised the captioned
grant materials have completed internal grant review. Below are the
comments returned by review departments.
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 (10/26/2005)
Department of Human Resources:
Approved. - Nancy Scarlet (11/2/2005)
Risk Management and Safety:
Approved By Risk Management - Julie Secontine (10/29/2005)
Corporation Counsel:
After reviewing this grant contract, there appear to be no outstanding
legal issues that require additional action or resolution at this time.
- Karen Agacinski (11/1/2005)
1
Expenditure = Activity "Exp"
1070402 113260 702010 Salaries
1070402 113260 722740 Fringe Benefits
1070402 113260 730373 Contracted Services
1070402 113260 732018 Travel, Conference
1070402 113260 750294 Supplies, Materials
OAKLAND COUNTY COMMUNITY CORRECTIONS BYRNE GRANT
Comparison of FY 2006
Fund 27385 GR0000000103 GRANT Bud Ref 2006
Revenue = Activity "A"
1070402 113260 610313 Grants Federal
1070402 113260 620467 Grant Match
ard vs FY 2006 Application and FY 2005 Award and FY 2006 Award
SCHEDULE A Variance Budget Amendment
2004 2005 2006 2006 2006 Application FY2005 Award vs
Award Award Application Award vs 2006 Award FY 2006 Award_
$109,828 $103,497 $86,248 $86,248 $0 ($17,249)
36,610 68,998 86,248 86,248 0 17,250
$146,438 $172,495 $172,496 $172,496 $0 $1
$86,279 $103,000 $108,996 $108,996 $0 $5,996
35,459 50,470 53,000 53,000 0 2,530
12,200 10,000 0 0 0 (10,000)
1,800 1,400 1,500 1,500 0 100
10,700 7,625 9,000 9,000 0 1,375
$ 146,438 $ 172,495 $172,496 $172,496 $0 $1
Contract #: 20061561
Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
County of Oakland
1200 N. Telegraph Rd.
Pontiac, MI, 48341
Federal I.D.#: 38-6004876
hereinafter referred to as the "Contractor"
for
Oakland County Community Corrections
InStep - Pontiac
ODCP #72124-3-06-B
Part I
1. Period of Agreement: This agreement shall commence on 10/1/2005 and continue
through 9/30/2006 . 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 $ 172,496 The De•artment under
the terms of this agreement will provide funding not to exceed $ 86,248
The federal funding provided by the Department is: $ 86,248 or
approximately 100.00 %; the Catalog of Federal Domestic Assistance (CFDA)
number is 16.738 and the
CFDA Title is Byrne Memorial Justice Assistance Grant
the federal agency name is
United States Department of Justice
and federal program title the federal grant award number is 2004DBBX0052
is Byrne Formula Grant
The grant agreement is designated as a subrecipient relationship.
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.
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 financial requirements shall be followed as described in
Part ll of this agreement and Attachment 5, 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, which is 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) 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 Governor's Office 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 individual or officer electronically accepting this Agreement certifies by his or her
acceptance that he or she is authorized to accept this agreement on behalf of the
responsible governing board, official or Contractor.
11. Authorized Official:
For the CONTRACTOR
Bill Bullard, Jr. Board Chair
Name Title
The Authorized Official's typed name, in lieu of a signature, represents the Contractor's legal
binding acceptance of the terms of this Grant Agreement including Certifications and
Assurances agreed to prior to application submission (Attachment 7).
3 of 24 DCH-0665FY2006 2/05 (W)
Part II
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.
"This material was supported with funding available under H.R., No Child
Left Behind Act of 2001 — Title IV, Part A: Safe and Drug-Free Schools
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 3 rd 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
DCH-0665FY2006 2/05 (W) 4 of 24
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
This section only applies to Contractors designated as subrecipients.
Contractors designated as vendors are exempt from the provisions of this
section.
1. Single Audit
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," (as revised) a copy of the
Contractor's annual Single Audit reporting package, including the
Corrective Action Plan, 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 awards must submit the Single Audit
reporting package, management letter, if issued, and Corrective Action
Plan to the Department even if Federal funding received from the
Department results in less than $500,000 in expenditures.
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 gcant 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
5 of 24 DCH-0665FY2006 2/05 (W)
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. The Audit
Status Notification Letter must be signed by the Contractor's Financial
Director or their designee. Attachment 6 contains the required Audit
Status Notification Letter. Contractors should not send the completed
letter to the Department with their signed agreement, but should submit as
directed in item 7.
5. Due Dates
The Single Audit reporting package, management letter, if one is issued,
and Corrective Action Plan; Financial Statement Audit and management
letter, if one is issued; or Audit Status Notification Letter shall be submitted
to the Department within nine (9) 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, management letter, and Corrective Action Plan; 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 coRy-of-the Single Audit- report ng package, management-letter, if one is
issued, and Corrective Action Plan; Financial Statement Audit and
management letter, if one is issued; or the Audit Status Notification Letter
must be forwarded to:
DCH-0665FY2006 2105 (W) 6 of 24
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
As an alternative to paper filing, the audit report and related
documentation may be submitted to the above address on a CD-ROM in a
Portable Document Format (PDF) compatible with Adobe Acrobat (read
only). The audit report and related documentation should be assembled
as one document in the following order:
a. Financial Statement Audit Report/Single Audit Report,
b. Corrective Action Plan or other information as applicable to MDCH
grants; and,
c. Management Letter (Comments and Recommendations).
Another alternative is to send notification to the above address that the
required audit materials may be accessed, in Adobe PDF, from the
Contractor's website.
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-auditarverification of documentation7 as a -way of
mitigating disallowed costs.
H. SubrecipientNendor Monitoring
The Contractor must ensure that each of its subrecipients comply with the
Single Audit Act requirements. The Contractor must issue management
decisions on audit findings of their subrecipients as required by OMB Circular A-
133.
DCH-0665FY2006 2/05 (W) 7 of 24
The Contractor must also develop a subrecipient monitoring plan that addresses
"during the award monitoring" of subrecipients to provide reasonable assurance
that the subrecipient administers Federal awards in compliance with laws,
regulations, and the provisions of contracts, and that performance goals are
achieved. The subrecipient monitoring plan should include a risk-based
assessment to determine the level of oversight, and monitoring activities such as
reviewing financial and performance reports, performing site visits, and
maintaining regular contact with subrecipients.
The Contractor must arrange for limited scope audits of subrecipients exempt
from the Single Audit Act requirements if the subrecipient receives more than
$25,000 in Federal awards from the Contractor. The limited scope audits must be
agreed upon procedures engagements conducted in accordance with either the
AICPA's generally accepted auditing standards or attestation standards that
address activities allowed or unallowed, and allowable costs/cost principle
compliance requirements. The limited scope audits must be completed within
nine months after the subrecipient's fiscal year. The contractor must ensure the
subrecipient takes appropriate and timely corrective action on findings identified
in the limited scope audit, and reimburse the Department within six months of
receipt of the limited scope audit for any unallowable costs identified.
The Contractor must monitor vendors for performance of contract requirements.
I. Notification of Modifications
Provide timely notification to the Department, in writing, 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.
J. 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.
K. Human Subjects
The Contractor agrees to submit all research involving human subjects, which is
conducted in programs sponsored by the Department, or in programs that
receive funding from or through the State of Michigan, to the Department's
Institutional Review Board (IRB) for approval prior to the initiation of the research.
8 of 24 DCH-0665FY2006 2/05 (W)
II. Responsibilities - Department
The Department in accordance with the general purposes and objectives of this
agreement will:
A. Reimbursement
Provide reimbursement in accordance with the terms and conditions of this
agreement based upon appropriate reports, records, and documentation
maintained by the Contractor.
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
subrecipients shall certify and disclose accordingly.
Non=Disrimination
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,
9 of 24 DCH-0665FY2006 2/05 (W)
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 persons with
disabilities 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
persons with disabilities 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, its employees and its subcontractors:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or contractor;
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
10 of 24 DCH-0665FY2006 2105 (W)
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 Interdovernmental 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
11 of 24 DCH-0665FY2006 2/05 (W)
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 amended, 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.
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
12 of 24 DCH-0665FY2006 2/05 (W)
FISCAL NOTE #05289 December 8, 2005
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - FISCAL
YEAR 2005/2006 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 $86,248 from the Fiscal
Year 2005-2006 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 $17,249 or 17% less than the previous award of
$103,497.
3. This is the third year of this grant, and is a community-based
central juvenile diagnostic program used to supplement existing
services.
4. The total cost of the program is $172,496, with $86,248 (50%) of
the cost in grant match from the County's General Fund and
$86,248 (50%) from the Byrne Memorial Grant Fund.
5. An amendment to the special revenue budget, Attachment "A" is
requested to reflect the new grant award for Fiscal Year 2006.
6. A budget amendment is recommended to transfer the grant match
funds to the Community Corrections grant match line item as
follows:
GENERAL FUND 10100 FY 2006
Expenditures
9090101-196030-730800 Non-Dept. - Grant Match ($86,248)
1070401-113000-730800 Community Corr - Grant Match $86,248
$ -0-
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton, Woodward and
Coulter absent.
/4/ --10
Resolution #05289 December 8, 2005
Moved by Gregory supported by Douglas the resolutions on the Consent Agenda, as amended, be
adopted (with accompanying reports being accepted).
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton,
Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard,
Coulter. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda, as amended, were
adopted (with accompanying reports being accepted).
I HEREBY APPROVE JHE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 December 8, 2005,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 8th day of December, 2005.
„
R th Joh t: in, County Clerk