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HomeMy WebLinkAboutResolutions - 2006.01.19 - 28145REPORT MSC. mollwao January 19, 2006 BY: Finance Committee, Chuck Moss, Chairperson IN RE: SHERIFF'S OFFICE - FY 2006 JAIL ALLIANCE WITH SUPPORT FOR INMATES WITH CO-OCCURRING DISORDERS GRANT ACCEPTANCE AND COMMUNITY MENTAL HEALTH AUTHORITY LETTERS OF AGREEMENT To: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above-referenced resolution ON January 12, 2006, reports with the recommendation that the resolution's fifth WHEREAS paragraph be amended as follows: WHEREAS a county match in the amount of $113,334 is required and funds are available from General Fund dcoignationo fel sia-L eppetun4-tee the General Fund Non-Departmental Grant match account; and Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. January 19, 2006 REPORT (xisc. 106014) BY: Personnel Committee, Gregory C. Jamian, Chairperson RE: SHERIFF'S OFFICE — FY 2006 JAIL ALLIANCE WITH SUPPORT FOR INMATES WITH CO-OCCURRING DISORDERS GRANT ACCEPTANCE AND COMMUNITY MENTAL HEALTH AUTHORITY LETTERS OF AGREEMENT TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced Resolution on January 11, 2006 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on a unanimous roll call vote with Coleman absent MISCELLANEOUS RESOLUTION #06014 January 19, 2006 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE — FY 2006 JAIL ALLIANCE WITH SUPPORT FOR INMATES WITH CO- OCCURRING DISORDERS GRANT ACCEPTANCE AND COMMUNITY MENTAL HEALTH AUTHORITY LETTERS OF AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriffs Office applied to the Michigan Department of Community Health through the Office of Drug Control Policy for $386,130 in grant funding to continue the Jail Alliance With Support (JAWS) program for the period October 1, 2005 through September 30, 2006; and WHEREAS the Michigan Department of Community Health has awarded Oakland County with a grant in the amount of $283,334, which is a $102,796 reduction from the application; and WHEREAS the reduction in funding prompted an agreement between the Community Mental Health Authority (CMHA) and Oakland County for one-time supplemental funding in the amount of $100,000 for FY 2006 and has caused a shift in the funding of one (1) PTNE Inmate Substance Abuse Technician position (#10308) from SR Grant funding to SR CMHA Reimbursement creating a position sunset of 9/30/06; and WHEREAS the grant provides funding for one (1) Inmate Caseworker (Pos.#10307), one (1) part- time non-eligible 1,000 Inmate Caseworker (Pos.#10359) located in the Sheriffs Office/Corrective Services Division/Inmate Program Services Unit and two (2) Substance Abuse Program Analysts (Pos.#10306 and 10360) located in the Human Services Department/Health Division/Substance Abuse Unit; and WHEREAS a county match in the amount of $113,334 is required, and funds are available from General Fund designations for grant opportunities; and WHEREAS the agreement with CMHA also involves the continuation of partial funding in the amount of $65,969 for one (1) GF/GP Inmate Caseworker (Pos.#06577) assigned to Inmate Program Services; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of grant program funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2006 Jail Alliance with Support for Inmates with Co-occurring Disorders Grant and CMHA Letters of Agreement in the amount of $449,302 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreements as attached. BE IT FURTHER RESOLVED that funds in the amount of S113,334 be appropriated to the Sheriffs Office budget from General Fund designations for grant opportunities (Account #9010100- 371466). BE IT FURTHER RESOLVED to continue SR positions #10307, 10308 and 10359 in the Sheriffs Department/Corrective Services-Detention Facilities Division/Inmate Program Services Unit and positions #10306 and 10360 in the Human Services Department/Health Division/Substance Abuse Unit, which are associated with the JAWS Program. BE IT FURTHER RESOLVED that funding of one (1) 1,000 hrs. /yr. part-time non-eligible SR Inmate Substance Abuse Technician (Pos. #10308) be changed from SR Grant funded to SR CMHA Reimbursement funded with a sunset date of 9/30/06. BE IT FURTHER RESOLVED to continue one (1) GF/GP Inmate Caseworker (Pos. #06577) in the Corrective Services-Detention Facilities Division/Inmate Program Services which is partially funded by CMHA. BE IT FURTHER RESOLVED that the continuation of the positions associated with this program is contingent upon continuation of grant or reimbursement funding. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote. Pam Worthington From: Greg Givens [givensg@co.oakland.mi.us] Sent: Thursday, December 08, 2005 2:56 PM To: Doyle, Larry; Russell. Ann; Cunningham, Dale; Rozell, Joe Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam Subject: GRANT REVIEW - Sheriffs Office / CMH / Byrne GRANT REVIEW - Sheriff's Office GRANT NAME: FY 2006 Jail Alliance With Support for inmates w/Co-occurring Disorders (JAWS) FUNDING AGENCY: Michigan Office of Drug Control Policy (Byrne) DEPARTMENT CONTACT PERSON: Ann Russell 8-5419 STATUS: Acceptance DATE: December 8, 2005 Pursuant to Misc. Resolution 401320, 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 (11/30/2005) Department of Human Resources: Approved. - Nancy Scarlet (11/29/2005) Risk Management and Safety: Approved By Risk Management - Andrea Plotkowski (12/8/2005) Corporation Counsel: After reviewing this grant contract, there appear to be no unresolved issues that require additional action. - Karen Agacinski (11/30/2005) 1 Pam Worthington From: Sent: To: Cc: Subject: Greg Givens [givensg@co.oakland.mi.us] Wednesday, November 30, 2005 2:23 PM Doyle, Larry; Russell, Ann; Rozell, Joe Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam GRANT REVIEW - Sheriff Office / CHM Letters GRANT REVIEW - Sheriff Office GRANT NAME: FY 2006 Jail Alliance With Support - Letters of Agreement FUNDING AGENCY: Oakland County Community Mental Health DEPARTMENT CONTACT PERSON: Ann Russell 8-3419 STATUS: Acceptance DATE: November 30, 2005 Pursuant to Misc. Resolution #01220, Please be advised the captioned grant materials / Letters of Agreement 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 (11/16/2005) Department of Human Resources: Approved. - Nancy Scarlet (11/29/2005) Risk Management and Safety: Approved By Risk Management - Julie Secontine (11/17/2003) Corporation Counsel: No legal impediments with the attached Letters of Agreement - Michael Blaszczak (11/18/2005; 1 ; the ; the and federal program Contract #: 20061749 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 Sheriff's Department Jail Alliance w/Support for Inmates w/Co-Occurring 72182-2-06-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 furl force and effect for the period specified. 2. Program Budget and Agreement Amount A. Agreement Amount The total amount of this agreement is $ 283,334 . The Department under the terms of this agreement will provide funding not to exceed $ 170,000 . The federal funding provided by the Department: is approximately $ 170,000 or no. oo %; the Catalog of Federal Domestic Assistance (CFDA) number is 16.738 and the CFDA Title is Byrne Memorial Justice Assistance Grant federal agency name is United States Department of Justice federal grant award number is 2004DBBX0052 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. 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 II 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 It 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 Bill Bullard, Jr. Authorized Official's Name Board Chair Title Part H 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. 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. 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. 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; 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. 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 H1PAA 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 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 2.0. 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. XI. 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 72182-2-06-B The Jail Alliance With Support Program targets inmates with co-occurring disorders. This collaborative program will utilize jail resources for early identification of dually diagnosed adult male inmates, stabilization and entry into a separate custody facility. Inmates will receive coordinated substance abuse/mental health treatment readiness services with a focus on development of a reintegration plan to expedite release into community treatment and support services. ATTACHMENT 2 STATEMENT OF WORK 72162-2-06-B The goal of the Jail Alliance With Support program (JAWS) is to provide a safer environment for the staff and the participants, increase treatment readiness, decrease length of incarceration, improve service linkages into the community, and reduce criminal recidivism and release amcng participants who suffer from co-occurring substance abuse and mental health disorders. It will serve to identify inmates that are motivated for change and positive growth. It will provide treatment readiness services and supports designed specifically to meet the needs on inmates with cc-occurring disorders and facilitate development on a coordinated reintegration plan, acceptable to the Court, to encourage and permit an accelerated return to the community. Program Access - Inmates admitted to the Oakland County Jail will be evaluated by the jail psychiatrist and program team for suitability to participate in the JAWS program. Eligibility criteria include: - Instant charge is non-assaultive misdemeanor or felony (eligibility for felons will follow guidelines set forth by the Oakland County Community Corrections Advisory Board). - Experiencing a co-occurring substance abuse and mental health disorder. - Psychiatric and physical (medical and detoxification) stability. - Willingness to participate in programming (eligible inmates must sign a multi-disciplinary release form). Inmates with a high acuity on mental health symptoms (active psychosis or severe suicide risk) will not be immediately eligible for JAWS until stabilized. Upon the inmate's admission to JAWS, the substance abuse analyst will orientate the inmate to the treatment readiness programming and their responsibilities as program participants. A caseworker will provide the case management services and serve as the liaison between the jail, the court and JAWS, The Substance Abuse Analysts will complete a substance abuse and mental health assessment using a standard instrument including a readiness to change scale. The jail psychiatrist will handle the medication needs and develop a medication administration schedule. Within a week the multidisciplinary team (caseworker, substance abuse analyst, jail psychiatrist and substance abuse technician) will develop an individualized Coordinated Community Reintegration Plan (CCRP). This plan will identify goals and objectives for each inmate that will address needs and continuing care issues during the JAWS custody stay. An inmate's ability to continue participation in JAWS will be contingent on two criteria: -Compliance with the rules and regulations of the facility, -Adherence to the goals set forth in the individualized CCRP. Program Structure - The treatment pod will have twenty-four double occupancy rooms available for a possible total of forty-eight adult males in the prcgram. The focus of programming within JAWS will be to motivate and prepare the participant for treatment and ATTACHMENT 2 STATEMENT OF WORK other supportive services in the community. Therapeutic techniques such as Motivational Interviewing and Cognitive-Behavioral Therapy will be utilized to increase the inmates motivation for treatment, identify the inmates readiness to change, educate the inmate on substance abuse and mental health treatment issues and the recovery process to prepare the inmates for re-integration into the community. Inmates will be expected to participate in educational groups that will focus on such topics as understanding addiction and mental illness, managing medications, anger management, employment issues, housing issues, and utilization of community supports. Inmates also will be expected to participate in therapeutic groups that will address treatment readiness, motivation for change, family relationships, relapse issues, criminal behaviors, and life cycle changes. Twelve step support groups such as AA, NA and Double Trouble (co-occurring) groups also will be incorporated into the programming. The inmate will receive ongoing psychiatric case and medication reviews and individual counseling to address treatment progress, family issues, case management and discharge planning. As the inmate nears completion of the program, a comprehensive Post-Release plan for mental health and substance abuse treatment and other continuing care supports and services in the community will be developed. Development of the plan will include input from the inmate, his support system, community based services providers and the JAWS team. This plan will include, at a minimum, the following: an appointment date with a substance abuse/mental health treatment facility within four days of release, an introductory phone contact between the new treatment therapist and inmate, a schedule for possible drug testing at the treatment facility, and stable housing. Temporary post release transition/three quarter housing will be available for a short stay for those inmates needing immediate shelter. A two-week post release prescription for psychotropic medication will be available for inmates leaving the program to ensure they have the needed medication as they transition into community treatment. Once the community linkages for treatment and housing are in place, the caseworker will present the CCRP and Post release plan to the judge(s) for a possible expedited release decision. Based on eligibility criteria, the inmate will be linked to community service as follows: - If the inmate is a resident of Oakland County and meets the criteria for serious and persistent mental health illness (SFMI), he will be referred to the Oakland County Community Mental Health Authority. In addition, he may be referred to one of the programs for co-occurring disorders jointly operated by OSAS/OCCMHA. - If the inmate is a resident of Oakland County and does not meet the criteria for SPMI, he will be referred to either a co-occurring disorder program, or a substance abuse treatment program and another mental health provider. - If the inmate resides outside Oakland County, his substance abuse and mental health treatment will be provided through the substance abuse coordinating agencies and community mental health boards whose jurisdiction covers the inmate's county of residence. STAFF ROLES AND RESPONSIBILITIES ATTACHMENT 2 STATEMENT OF WORK Two (2) Substance Abuse Analysts: A master-prepared substance abuse therapist who are cross trained in mental health and substance and have experience working with the criminal justice and co-occurring population. These therapists are responsible for the comprehensive substance abuse assessment and will participate in the development of the Coordinated Community Reintegration Plan (CCRP). They will have the primary responsibility for conducting therapy croups and providing individual counseling. One and a half (1.5) Caseworkers: Bachelors-prepared inmate caseworkers with experience working with the criminal justice system and co-occurring populations. They will have the primary responsibility for the case management services, liaison with the courts, the jail and the community treatment programs. They will be responsible for screening for new JAWS eligible inmates and development of the detailed discharge plan; they also will be responsible for assisting in the development of the CCRP and maintenance of the inmate's records. One-half (.5) Substance Abuse Technician: An Associate-degree trained staff hired by the Oakland County Sheriff's Office and assigned to the JAWS program. This staff will be responsible for post release follow up and data collection for the graduates of the JAWS program. They will also assist in developing lists of recruits for possible JAWS inmates. COST BENEFITS The cost benefits of the JAWS program are expected to include system wide benefits and improved quality of life for the participants, their families and those who otherwise would be victims of crime. The system benefits will be realized in a reduction on the recidivism rate and a decrease in the length of stay for those inmates with Co-occurring disorders. Additionally, lower numbers of inmates with co-occurring disorders in the main jail will decrease the number of officers and inmates injured in inmate assaults, thereby reducing medical costs. Releasing inmates to the community with ongoing treatment and adequate support systems will facilitate maintenance of employment, overall health, housing and positive lifestyle. POST-RELEASE MONITORING/ OUTCOME DATA Each of the staff will have a defined responsibility for client records and data management, client follow through and evaluation. Follow-up and tracking will be conducted upon the inmate's release from JAWS through a series of contacts at 1, 3, 6, 9, and 12 months. Additionally, the Substance Abuse Technician will monitor released inmates to track initial appointment follow throng. The inmates will sign a release so data may be obtained from treatment records, jail and criminal records, Community Corrections, Tr-County partners, OCCMHA, ASAS data systems. An Advisory Council comprised of representatives from the Oakland County Sheriff's Office, Community Mental Health Authority, Community Corrections and the Office of Substance Abuse will meet quarterly to review and revise, as needed the program operations and outcomes. UPDATE ON CURRENT PROGRAM ATTACHMENT 2 STATEMENT OF WORK Due to the County's candidate selection process, and the Sheriff's Office's required security clearance check, there was a delay in the hiring of program personnel Given these factors the JAWS program began in earnest March 1, 2005. Currently there are 24 participants in the program. Of these 1 graduated from the program and was released on his regularly scheduled jail outdate. Five discharge plans and requests for jail diversion have been presented to the Courts. Of these, 2 inmates have received jail diversion action. ATTACHMENT 3 PROGRAM BUDGET SUMMARY View at 100% or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH Use WHOLE DOLLARS Only ' PROGRAM DATE PREPARED Page I Of Jail Alliance w/Support for Inmates 10/5/2005 138:31 1 1 1 CONTRACTOR NAME BUDGET PERIOD County cf Oakland 10/1/2005 - 9/30/2006 _ MAILING ADDRESS (Number and Street) BUDGET AGREEMENT I AMENDMENT # 1200 N. Telegraph Rd. 1I ORIGINAL E AMENDMENT O. CITY STATE ZIP CODE FEDERAL ID NUMBER Pontiac MI 48341 36-6004876 EXPENDITURE CATEGORY I TOTAL BUDGET 44Iiiall 1. SALARIES & WAGES $115,006 $76,671 $191,677 _ 2. FRINGE BENEFITS $49,562 $33,041 $82,603 3. TRAVEL 4. SUPPLIES & MATERIALS $5,432 83,622 $9,054 5. CONTRACTUAL (Subcontracts/Subreciptents) 7. OTHER EXPENSES _ 8. TOTAL DIRECT EXPENDITURES $170,000 $113,334 $283,334 (Sum of Lines 1-7) 9. INDIRECT COSTS: 0% $0 $0 $0 - 'M. TOTAL EXPENDITURES $170,000 $113,334 $283,334 ... SOURCE OF FUNDS 11. FEES & COLLECTIONS so so 12. STATE AGREEMENT $170,000 $170,000, 13. LOCAL $113,334 $113,334 14. FEDERAL 0 1 16. TOTAL FUNDING $170,000 $113,334 $283,334 AUTHORITY: P.A. 368 of 1978 The Department of Community Health is an equal COMPLETION: Is Voluntary, but is required as a condition of funding opportunity employer, services and programs provider. DCH-0385(E) (Rev 2-05) (W) Previous Edition Obsolete. Also Replaces FIN- of 1 Page 1 ' ATTACHMENT 3 .:1-IIGAN DEPARTMENT OF COMMUNITY _..ALTH PROGRAM BUDGET COST DETAIL PROGRAM c CODE BUDGET PERIOD DATE PREPARED Jail Alliance w/Support for 72182-2-06-B 10/1/2005 to 9/30/2006 10/5/2005 1:38 Inmates w/Co-Occurring ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER Disorders 1. SALARY AND WAGES POSITIONS TOTAL COMMENTS n REQUIRED SALARY S Inmate Caseworker it 301 I i $55,069i Grade. 12, /year step Substance Abuse Program Analysts 2 $110 138 1Grade 12 at 3 year step - _ , loSmo,103405 5 Inmate Caseworker - $26 470 Part -time, non-eligible at Grade 12, ii year step 0., i OWI 1 TOTAL SALARIES AND WAGES i 1 3.5 $191,677 1 2. FRINGE BENEFITS (specify) _ X FICA IMI LIFE INS. [771 DENTAL INS X COMPOSITE RATE Mil UNEMPLOY INS. rxi VISION INS. IX 'WORK COMP AMOUNT 0 . 5 % X RETIREMENT X HEARING INS. Ell HOSPITAL INS. [II OTHER TOTAL FRINGE BENEFITS $ $8 2 , 6 0 3 3. TRAVEL (specify if any item exceeds 10% of Total Expenditures) 4. SUPPLIES AND MATERIALS (specify if any item exceeds 10% of Total Expenditures) 1 5 computers CO $110/5 phone lines m$50 per month & bus tickets 5,432 2,622 $ $9,054 5. CONTRACTUAL (SUBCONTRACTS) NAME ADDRESS AMOUNT $ $0 6. EQUIPMENT (specify) $ $O 7. OTHER EXPENSES (specify if any item exceeds 10% of Total Expenditures) $ $0 8. TOTAL DIRECT EXPENDITURES (sum of Totals 1 -7) $283,334 9. INDIRECT COST CALCULATIONS Rate ot $o $o $ $0 10. TOTAL EXPENDITURES (sum of lines 8-9) $ $283,334 DCH-0386FY2002(E) (VV) 6/2001 COMPLETION IN A CONDITION OF FUNDING AUTHORITY: PA. 368 of 1978 ATTACHMENT 4 PERFORMANCE / PROGRESS REPORT REQUIREMENTS AL The Contractor shall submit the following reports on the following dates: Program reports must be downloaded from the ODCP Law Enforcement Section web site: www.michigan.gov/odcplawenforcement . Then click; Forms and select your program area report. Reports are submitted quarterly and must be attached Co the MAGIC System. Directions for attaching Progress Reports are located on the MAGIC Help Screens. Financial Status Reports (FSR) 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 the total actual program expenditures, regardless of the source of funds. Attachment 5 contains the FSR form. The FSR form and instructions for completing the FSR form are available through your MAGIC-Intelligrants. B. Any such other information as specified in the Statement of Work, 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 C, Items A. and B. for their completeness and adequacy. E. The Contractor shall permit the Department or its designee to visit and to make an evaluation of the project as determined by Contract Manager. ATTACHMENT 5 FINANCIAL STATUS REPORT MICHIGAN DEPARTMENT OF COMMUNITY HEALTH BPO Number Contract Number Page I Of i i Local Agency Name Program Code Street Address Report Period Date Prepared Thru Final City, State, ZIP Code Agreement Period FE ID Number Thru Expenditures Agreement Category — Current Period 1 . • • II - a • - 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 1 _ 13. Federal 14, Other 15. Fees & Collections 16. TOTAL FUNDING 1 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 Ac.............m.titclii..riiii.maiiirmimii INDEX iii....... Advance Outstanding _ Advance Issued or Applied Balance L i Message Authority: PA. 368 of 1978 I The Department of Community Health is an equal opportunity, Completion: is a Condition of Reimbursement employer, services, and programs provider. DCH-0384(E) (Rev. 4/04) (W) Previous Edition Obsolete ATTACHMENT 6 AUDIT STATUS NOTIFICATION LETTER (Required for subrecipient Contactors claiming exemption from audit submission requirements) Please fill in the following information, sign after the statement below and mail this form to: Michigan Department of Community Health, Office of Audit, Quality Assurance and Review Section, P.O. Box 30479, Lansing, MI 48909-7979 or fax it to: (517) 338-5443. Form is due to the Department within nine months after the end of the Contractor's fiscal year. Please do not submit this form with your signed agreement. Agency Name: Address: Federal ID - Number: For Agency's Fiscal Year Ended (month/date/year): Agency Contact Person (Name, Title, Phone #): The purpose of this letter is to comply with Michigan Department of Community Health (MDCH) grant contract audit requirements. I certify that the agency listed above expended less than $500,000 in federal awards from all funding sources, and expended less than $500,000 total MDCH funding. I also certify that our agency's financial statement audit did not include any disclosures related to current or prior years that could negatively impact MDCH- funded programs. Therefore, we are not required to submit either a Single Audit or Financial Statement Audit to MDCH. Signature Print Name/Title Date ATTACHMENT 7 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH FY 05/06 AGREEMENT ADDENDUM A 1. This addendum modifies the following section of Part II, General Provisions: Part II 1. Responsibilities — Contractor 1. Software Compliance. This section will be deleted in its entirety and replaced with the following language: The Michigan Department of Community Health and the County of Oakland will work together to determine and avoid potential computer systems problems. III. Assurances A. Compliance with Applicable Laws. This first sentence of this paragraph will be stricken in its entirety and replaced with the following language: The Contractor will comply with applicable Federal and State laws, and lawfully enacted administrative rules or regulations, in carrying out the terms of this agreement. IX. Liability. Paragraph A. will be deleted in its entirety and replaced with the following language. A. Except as otherwise provided for in this Contract, al liability, loss or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of the contractor under this Contract shall be the responsibility of the Contractor and not the responsibility of the Department, if the liability, Loss or damage is caused by, or arises out to the actions or failure to act on the part of the Contractor, its employees, officers or agents. Nothing therein shall be construed as a waiver of any governmental immunity for the Contractor, its agencies, employees, or Oakland County, as provided by statute or modified by court decisions. 2. 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 Authorized Official's Name Bill Bullard, Jr. Board Chair Title CERTIFICATIONS, ASSURANCES & DRUG COURT ADDENDUM 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 Contractor certifies, to the best of his or her knowledge and belief, that: 1. 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. 2. 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. 3. 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). 1. 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. 2. 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 Adniinistrative 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 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, guaranty, 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-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 an 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 (P.L. 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. Unallowable Expenses and Activities 1. Construction costs and/or renovation. 2. Costs in applying for this grant (e.g. consultants, grant writers, etc.) 3. Any expenses incurred prior to the date of the contract. 4. Indirect costs rates or indirect administrative expenses (only direct costs permitted). 5. Lobbying or advocacy for particular legislative or administrative reform. 6. Legal fees. 7. First class travel. 8. One-time events, prizes, entertainment (i.e., tours, excursions, amusement parks, sporting events). 9. Management or administrative training, conferences (only pre-approved project related training). 10. Management studies or research and development (costs related to evaluation is permitted). 11. Honorariums. 12. Fines and penalties. 13. Fund raising and any salaries or expenses associated with it. 14. Purchase of land. 15. Losses from uncollectible bad debts. 16. Memberships and agency dues, unless a specific requirement of the project (prior approval required). 17. Contributions and donations. 18. Compensation to federal or state employees for travel or consulting fees. 19. Military type equipment such as armored vehicles, explosive devices, and other items typically associated with the military arsenal. Conditions on Expenses 1. Costs must be reasonable and necessary. If required by the parent agency, costs must be sustained by competitive bids. All contracts and subcontracts require prior approval by the Office of Drug Control Policy. If detailed information is not included as pan of the application process, the grantee must submit a request seeking approval once the subcontractors are identified. 2. Individual consultant fees are limited to $450 (excluding travel, lodging and meal costs) per day, which includes legal, medical, psychological and accountant consultants. If the rate will exceed $450 for an eight-hour day, written approval is required from the Office of Drug Control Policy. Compensation for individual consultant services is to be responsible and consistent with that paid for similar services in the market place. 3. Food and beverage costs require prior written approval. The written proposal must include a working agenda of planned activity. Breakfasts and dinners will generally not be paid. Program Income The Department of Justice regulations allow grantees to keep funds (program income) derived from grant activities, so long as these funds are used for the same purposes as the grant project. In the absence of such regulations, these funds would be required to be returned to the Department of Justice. Asset forfeiture and lab fees are the most prominent program income derived from grant activity. Department of Justice regulations require that program income be held in the custody of a governmental entity, with reporting on those funds to the state agency administering the Byrne Justice Assistance Grants. Program Income Reports are to be filed quarterly, and are attached to the Supplied Quarterly Progress Reports. ADDLADUM for DRUG TREATMENT COUR IS (ONLY) The Agency agrees to undertake, perform, and complete the additional services as described below. It is understood and agreed that all other conditions of the original agreement remain the same. 1. The Contractor is required to submit copies of the subcontractors Quarterly Program Reports that detail the progress of each drug court program funded. Subcontractors must submit such reports to the Agency by the following dates: January 20, 2006 April 20, 2006 July 20, 2006 October 20, 2006 2. The Contractor shall refer to the Violent Offender definition outlined in the Michigan Public Act No. 224 and ensure that such offenders will be excluded from drug court programs. 3. The Contractor must comply with the Key Components of Drug Courts as specified by the U.S. Department of Justice, Drug Courts Program Office and the National Association of Drug Court Professionals and as outlined by the following: Key Component #1 Drug Courts integrate alcohol and other drug treatment services with justice system case processing. Key Component #2 Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights. Key Component #3 Eligible participants are identified early and promptly placed in the drug court program. Key Component #4 Drug Courts provide access to a continuum of alcohol, drug, and other related.treatment and rehabilitation services. Key Component #5 Abstinence is monitored by frequent alcohol and other drug testing, Key Component #6 A coordinated strategy governs drug court responses to participants' compliance. Key Component #7 Ongoing judicial interaction with each drug court participant is essential. Key Component #8 Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Key Component #9 Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations. Key Component #10 Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court effectiveness. 4. In collaboration with Li id local Substance Abuse Coordinating Agency and consistent with the Memorandum of Understanding or agreement, contractors receiving substance abuse treatment dollars through the Byrne Justice Assistance Grant must use licensed and accredited substance abuse treatment providers. 5. The Contractor agrees that funds awarded under this grant will not be used to support any inherently religious activities, such as worship, religious instruction, or proselytization. If the Contractor refers participants to, or provides, a non-Federally funded program or service that incorporates such religious activities, (1) any such activities must be voluntary for program participants, and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non-Federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program participants, the grantee agrees to identify and refer participants who object to the inherently religious activities of such program or service to, or provide, a comparable secular alternative program or service. The Contractor must ensure that drug court participants are employed, seeking employment, or engaged in activities to enable them to be employed. 7. The Contractor must ensure that a plea by participants is required; no deferred prosecution. 8. The Contractor must ensure that treatment and rehabilitative services provided are based upon a comprehensive assessment of participant needs. Participation in cognitive behavioral and restructuring, 12-step, and other faith-based programs is encouraged. 9. The Contractor must ensure that participants make some payment toward drug court costs. Payments may be on a sliding fee scale, ability to pay basis. *Byrne JAG funded Drug Treatment Courts through MDCH Office of Drug Control Policy WILLIAM J. ALLEN, EXECUTIVE DIRECTOR Oakland County Board of Commissioners J. Allen Bill Bullard, Jr. Executive Diree6r Chairperson COSIMUNITY WIENTAL HEALTH November 14, 2005 Ms. Ann Russell, Corrections Administrator Oakland County Sheriff's Office Sheriff Michael J. Bouchard County Service Center, Building #10 East 1201 North Telegraph Road Pontiac, Michigan 48341-1044 Mr, 13111 Bullard. Jr., Chairperson Oakland County Board of Commissioners County Service Center, Building 12 East 1200 North Telegraph Road Pontiac, Michigan 48341 Re: Letter of Agreement for the JAWS (Jail Alliance With Supports) Protocol One-Time Supplemental Funding in the amount of $100,000. Dear Ms. Russell and Mr. Bullard: On behalf of the Oakland County CMH Authority (Authority) and as approved by The Authority Board, we arc pleased to offer the Oakland County Sheriffs Office one-time supplemental FY 06 funding of S100,000 for the JAWS (Jail Alliance With Supports) Protocol. This funding is to be used for the following grant related needs: Transitional Housing for inmates upon discharge from the Oakland County Jail Prescription Drugs for Inmates upon discharge from the Oakland County Jail Other grant related needs 55'44- 1036 Prior to the close of FY 06, we would ask that your office provide a cost settlement breakdown of the funding to Rick Grove, Chief Financial Officer for the Authority. A Financial Status Report on the total fiscal year program expenses (10/1105-9/30100 must be submitted to the Chief Financial Officer of the Authority 20 days atter the end of the fiscal year (9430/06). Cost settlement of this agreement will be based upon a comparison of the actual allowable expenses of the program and the amount paid by the Authority to the contractor not to exceed $100,000. Any unspent funds will be returned by thc contractor to the Authority within 30 days of the final settlement letter. In order to ensure that we remit the payment on a timely basis, we would like to suggest that you invoice Oakland County CMH Authority for the full amount and direct the invoice to the attention of Jeffrey L Brown, Deputy Executive Director. I have enclosed two (2) signed originals and would appreciate it if you would return one ( I) signed original to my office. Please feel free to call me at (248) 858-1221 if you have any questions. Thank you and we look forward to our continued collaboration on bchalrof Oakland County citizens. Yours truly, /7 Accepted on behalf of the cc: Sheriff Michael J. Bouchard Jeffrey L. Brown, Deputy Director, OCCMH A Rita M. Duff, Manager of Grants & Special Projects Rick Grove, Chief Financial Officer Patti Reitz, Contract and Service Analyst Robert J. Daddow, Deputy County Executive., Special Projects Laurie Van Pelt, Director, Management and Budget Tim Soave, Manager of Fiscal Services, Oakland County Judith K. Cunningham, Corporation Counsel • 2011 Executive Hills Boulevard • Auburn Hills, MI 48326 • (248) 858-1221 • FAX (248) 975-9768 William J. Allen Executive Dirdtor WILLIAM J. ALLEN, EXECUTIVE DIRECTOR November 14, 2005 Ms. Ann Russell, Corrections Administrator Oakland County Sheriff's Office Sheriff Michael I Bouchard County Service Center, Building #10 East 1201 North Telegraph Road Pontiac, Michigan 48341-1044 Mr. Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners County Service Center, Building 12 East 1200 North Telegraph Road Pontiac, Michigan 48341 Re: Letter of Agreement for the FY 06 Inmate Caseworker Position Dear Ms. Russell and Mr. Bullard: On behalf of the Oakland County CMH Authority (Authority) and in keeping with our current agreement, the Authority agrees to pay the Oakland County Sheriff's Office $65,96'7.96 in reimbursement. for the cost .of the one (.1) Inmate Caseworker position for:FY. 2006 as follows: Salary for FY 06- COLA 2% Increase- Fringe Benefits for FY 06- Total- $44,203.64 $ 1,293.48 $20,470.84 $65,967.96 .05,4k o &5 In order to ensure that we remit the payment on a timely basis, we would like to suggest that you invoice Oakland County CMH Authority on an annual basis and direct the invoice to the attention of Jeffrey L. Brown, Deputy Executive Director. Have enclosed two (2) signed originals and would appreciate it if you would return one (1) signed original to my office. Please feel free to call me at (248) 858-1221 if you have any questions. Thank you and we look forward to our continued collaboration on behalf of Oakland County citizens. Yours truly- Accepted on behalf of the Oakland County Board of Commissioners Bill Bullard„fr. Chairperson cc: Sheriff Michael J. Bouchard Jeffrey L. Brown, Deputy Director Rita M. DWI, Manager of Grants & Special Projects Rick Grove, Chief Financial Officer Patti Reitz, Contract and Service Analyst Robert J. Daddow, Deputy County Executive, Special Projects Laurie Van Pelt, Director, Management and Budget Judith K. Cunningham, Corporation Counsel Tim Soave, Manager of Fiscal Services. Oakland County • 2011 Executive Hills Boulevard • Auburn Hills, MI 48326 • (248) 858-1221 • FAX (248) 975-9768 FISCAL NOTE Oasc.,10.6(114) January 19, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: SHERIFF'S OFFICE - FY 2006 JAIL ALLIANCE WITH SUPPORT FOR INMATES WITH CO- OCCURRING DISORDERS GRANT ACCEPTANCE AND COMMUNITY MENTAL HEALTH AUTHORITY LETTERS OF AGREEMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Community Health, through the Office of Drug Control Policy, has awarded the Sheriff's Office $170,000 to continue its Jail Alliance With Support (JAWS) program. 2. A County match in the amount of $113,334 is required and funds are available from the Non-Departmental Grant Match account. 3. The Sheriff's Office secured $100,000 in supplemental funding from the Community Mental Health Authority (CHMA) to assist in operating the program. 4. The grant provides funding for one (1) Inmate Caseworker, one (1) PTNE Inmate Caseworker and one (1) PTNE Substance Abuse Technician position located in the Corrective Services Division and two (2) Substance Abuse Program Analyst positions in the Health Division. 5. A budget amendment to the FY 2006 budget is recommended as follows: Adopted Adjustment Amended FY 2006 FY 2006 FY 2006 General Fund #10100 Expenditures 9090101-196030-730800 Grant Match Exp. 0 ($113,334) ($113,334) 4030301-989999-788001-27320 Tr1. to Grant 0 113,334 113,334 Total General Fund Expenses 0 , $ 0 $ -0- Drug Policy Grant Fund #27320 Revenue 4030350-112620-615571 Grants-State $162,084 ($ 92,845) $ 69,239 4030350-989999-695500-10100 Trf. frm Gen. $ 0 $ 66,111 $ 66,111 4030301-112580-620467 Grant Match $ 54,028 ($ 54,028) $ 0 4030350-112650-631827 Reimb. General $ 0 $100,000 $100,000 1060261-134440-615571 Grants-State $ 0 $100,761 $100,761 1060261-989999-695500-10100 Trf. frm Gen. $ 0 $ 47,223 $ 47,223 Total Drug Policy Grant Fund Revenue $216,112 $167,222 $383,334 Expenditures 4030350-112620-702010 Salaries $ 68,451 $ 19,940 $ 88,391 4030350-112620-722740 Fringe Benefits $ 25,097 $ 12,808 $ 37,905 4030350-112650-702010 Salaries $ 0 $ 24,186 $ 24,186 4030350-112650-702010 Fringe Benefits $ 0 $ 3,456 $ 3,456 4030350-112620-750399 Office Supplies $ 7,980 $ 1,074 $ 9,054 4030350-112620-731241 Miscellaneous $ 16,584 ($ 16,584) $ 0 4030350-112650-731458 Professional Serv. $ 98,000 ($ 25,642) $ 72,358 1060261-134440-702010 Salaries $ 0 $100,761 $100,761 1060261-134440-722740 Fringe Benefits $ 0 $ 47,223 $ 47,223 Total Drug Policy Grant Fund Expenses $21112 $167,222 $383,334 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. RutMiliftson, County Clerk Resolution #06014 January 19, 2006 Moved by Potter supported by Nash the resolution be adopted. Moved by Potter supported by Nash the Finance Committee Report and the Personnel Committee Report be accepted. A sufficient majority having voted in favor, the reports were accepted. Moved by Potter supported by Nash the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Moved by Potter supported by Nash the resolution, as amended, be adopted. Vote on resolution, as amended: AYES: Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution, as amended, was adopted. 1 HEREBY APPROVE THE FOREGONG RESOLUTII 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 January 19, 2006, 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 19th day of January, 2006. lantir