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HomeMy WebLinkAboutResolutions - 2006.11.30 - 28280MISCELLANEOUS RESOLUTION #06222 November 30, 2006 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - FISCAL YEAR 2007 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 tne amount of $69,675 in grant funds for the period of October 1, 2006, through September 30, 2007; and WHEREAS the Michigan Office of Drug Control Policy has awarded Oakland County a Fiscal Year 2007 Community Corrections grant in the amount of $69,075 which is the amount requested in the original application; and WHEREAS the program tota: is $172,687, of which $69,075 (40%) is federal funded, and $103,6:2 (601) is County grant match (See Schedule A); and WHEREAS this grant supports tnc InStep project of employing the "Say It Straight" method and training in this area in order to reduce and prevent the risk of destructive behaviors such as alcohol, tobacco, and other drug use. Also it tries to avert violence, school drop-out, teen pregnancy, behaviors oeading to HIV/AIDS along with promotion of wellness, personal and socal responsibility, positive self-esteem and positive relationships; and WHEREAS the grant funds two (2) Community Corrections Specialist II positions (# 9332 & 401), travel, material and supplies, and subcontractors to administer the program; and WHEREAS the grant aoceptance 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 2007 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 hECCIVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2006/2007 Community Corrections grant from the Michigan Office of Drug Control in the amount of $69,075. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant exte n sions or changes, within fifteen percent (15%) of the original award, which is consistent with the original agreement as approved. BE IT FURTHER RESOLVED chat 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 reso:ution. PUBLiC SERVICES COMMITTEE PUBLIC SERVICES COMMITTEE VOTE: Motion carried on a roll call vote with Scott. Gregory and Gershenson absent. Fund 27385 GR0000000103 GRANT Bud Ref 2006 Revenue = Activity "A" SCHEDULE A 2006 2007 Award Acliustrnent Variance Budget Amendment 2007 2007 Award FY2007 Award vs Award vs 2006 Award FY 2006 Award 1070402 113260 610313 Grants Federal 1070402 113260 620467 Grant Match 50% $86,248 ($17,173) 40% $69,075 ($17,173) -20% 50% 86,248 17,364 60% $103,612 $17,364 20% $172,496 $191 $172,687 $191 0.11% Expenditure = Activity "Exp" 4% -20% -28% 0.11% OAKLAND COUNTY COMMUNITY CORRECTIONS BYRNE GRANT INSTEP/PONTIAC FY 2006 Grant Award versus FY 2007 Award 1070402 113260 702010 Salaries $108,996 $995 $109,991 $995 1070402 113260 722740 Fringe Benefits 53,000 1,996 $54,996 $1,996 1070402 113260 730373 Contracted Services 0 0 $0 $0 1070402 113260 732018 Travel, Conference 1,500 (300) $1,200 ($300) 1070402 113260 750294 Supplies, Materials 9,000 (2,500) $6,500 ($2,500) $ 172,496 $ 191 $172,687 $191 Page 1 of 3 Karen Peterson From: Greg Givens [givensg@oakgov.corn] Sent: Monday, November 06, 2006 9:07 AM To: Doyle, Larry; 'Karen Peterson': Falardeau, Nancy Cc: Hankey, Barb; 'Worthington, Pam'; 'Candace Frederick'; Greg Givens; 'Hanger, Helen'; 'Johnston, Brenthy'; 'Mitchell, Sheryl'; 'Pardee, Mary'; 'Smith, Laverne'; 'Wenzel, Nancy' Subject: GRANT REVIEW SIGN OFF - Community Corrections / InStep GRANT REVIEW SIGN OFF — Community Corrections GRANT NAME: 2007 InStep — Byrne Justice Assistance Grant FUNDING AGENCY: Michigan Office of Drug Control Policy DEPARTMENT CONTACT PERSON: Karen Peterson, Supervisor / 248/451-2342 STATUS: Acceptance DATE: November 6, 2006 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned review comments. 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 Sign Off 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 REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (10/27/2006) Department of Human Resources: Approved. —Nancy Scarlet (10/26/2006) Risk Management and Safety: Approved By Risk Management — Julie Secontine (10/30/2006) Corporation Counsel: After reviewing this grant contract, there appear to be no unresolved legal issues that require additional action. — Karen Agacinski (10/26/2006) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Federal Office of Management and Budget (OMB) Circular No. A-87 - Cost Principles for Local Government. This Circular establishes principles and standards for determining costs for Federal awards carried out through grants with State and local governments. http: //www. wh ou s e. govio mble ircul ars/a087/a87 2004.htnil 11/6/2006 Page 2 of 3 Federal Office of Management and Budget (OMB) Circular No. A-102. This Circular establishes consistency and uniformity among Federal agencies in the management of grants and cooperative agreements with State, local, and tribal governments. http://www.whitehouse.govlomb/circulars/a102la102.html Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non- profit organizations expending federal awards. http://www.whitehouse.tzov/ornblc irculars/a133/a133.1itml Michigan Human Subjects Regulation — hitp://www.michigan.gov/mdch/0,1607,7-132-2945_32550-99784 — ,00.html, Federal Anti -Lobbying Act — "31 USC 1352" [Select HIT 1] http://frwebgate.access.gpo.gov/c_gi -bin/multidb.cgi? WAISdbName-2000_uscode_suppl_2+United-.-States+Code+%282000+suppl.-1-2% 29&WAISqueryString=31use1352&Submit.=Submit&WAISmaxHits=50&WAISqueryRule=% 24WAISqueryString&WAIStemplate=mullidb_results.html&WrapperTeinplate=uscode_vvrapper.html or http://afmeethic s.wpa fb.afmil/statutes/31-1352.htm Federal Lobbying Disclosure Act of 1995 2 USC 1601; [Select HIT 1] http://frwebgate.access.gpo.gov/cgi- bin/multidb.cgi?WAISdbName.---2000_uscode_suppl_2+United+States+Code+%282000+suppl.+2% 29&WAISoeryRu1e --%28%24WAISqueryString% 29&WAISqueryString=2usc1601&WAIStemp1atc=mu1tidb results.html&Submit.=Submit&WrapperTemplate ----u5 Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" [Enter Act Number and Year] http://www. legisl ature. mi . go v/(uq3lx gelt mrj5z55z2it i wv45)/mile g. a spx?page=go object&objectname—rn cl-Act- 453 -of-1976&queryid-14718540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" [Enter Act Number and Year] http://www.legi sl ature.mi. go/(S(timxfiyhrdwui r55pkurilinniu))/mi leu aspx ?page =MCLPA Search Federal Government-Wide Debarment and Suspension — Non-procurement - Date 11/2003 FR http://www.whitehouse.gov/omb/fedreg/2004/031 126.pdf#search —%22G0VERNMENTWIDE% 20DEBARMEN".F%20AND%20SUSPENSION%22 • 45 CFR Part 76 http://www.access.gpo.gov/nara/cfr/waisidx 05/45cfr76_05.html Federal Environmental Tobacco Smoke "Pro-Children Act of 1994" http://www.cdc.gov/tobacco/research_data/youth/464119.htm Federal Civil Service Reform Act 42 USC 4728 - Intergovernmental Personnel Program, Strengthening State and Local Personnel Administration [Select HIT 11 http://frwebgate.access.gpo.gov/cgi-binImultidb.cgi? WAISdbNarne=2000 uscode_suppl_2±United+States+Code+%282000-1-suppl.+2°, 298LWAISueryString=42usc4728&Subrnit.=Submit&WAISmaxHits=50&WAISquetyRule=% 24WAISqueryString&WAIStemplate=multidb_rcsults.html&WrapperTemplate=uscocle_wrapper.html Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.osc.gov/hatchact.htm Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) http://www.cms.hhs.gov/HrPAAGeninfo/Downloads/H1PAAlawdetail.pdf Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities — "Act 317 of 1968" [Enter Act Number and Year] http://wwvy-.1egislature.mi.gov/(Salmxfiyhrdwuir55pkunbnmu))/mileg.aspx?page —MCLPASearch 11/6/2006 a V Contract /4: 20071463 Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and County of Oakland 12C0 N. Telegraph Rd. Pontiac, MI 48341 Federal 1.D.#: 38-6004876 hereinafter referred to as the "Contractor" for Oakland County Community Corrections InStep - Pontiac ODCP # 72124-4-07-3 Part I 1. Period of Agreement: This agreement shall commence on 10/1/2006 and continue through 9/30/2007 . 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, 687 . The Department under the terms of this agreement will provide funding not to exceed $69, 075 The federal funding provided by the Department is: $ 69, 075 or approximately loo oo %; 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 the federal grant award number is 2006 DJ BX 0029 IS Byrne Formula Grant and federal program title The grant agreement is designated as a subrecipient relationship. DCH-0565FY20062/05(W) 1 of 15 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 II 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 DCH-0665FY2006 2/05 (W) 2 of 15 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). DCH-0665FY2006 2/05 (W) 3 of 15 Part ll 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 project was supported by grant project #2006 -DJ-BX-0029, awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice and administered 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, or the Michigan Department of Community Health." 3. The Contractor sha!I give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein; the Department will do likewise. B. Fees Make reasonable efforts to collect 1 St and 3rd party fees, where applicable, and report these as outlined by the Department's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by the Department at the effective date of this agreement, and provide the Department with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. 4 of 15 DCH-0565FY2005 2/05 (W) 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 This section only applies to Contractors designated as subrecipients. Contractors designated as vendors are exempt from the provisions of this section. 1. Required Audit or Notification Letter Contractors must submit to the Department a Single Audit, Financial Statement Audit, or Audit Status Notification Letter as described below. If submitting a Single Audit or Financial Statement Audit, Contractors must also submit a Corrective Action Plan for any audit findings that impact MDCH-funded programs and management letter (if issued) with a response. a. Single Audit Contractors that expend $500,000 or more in federal awards during the Contractor's fiscal year must submit to the Department a Single Audit prepared consistent with the Single Audit Act Amendments of 1996, and Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," (as revised). b. 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 to the Department a Financial Statement Audit prepared in accordance with generally accepted auditing standards (GAAS). Contractors exempt from the Single Audit requirements less than $500,000 of total Department grant funding must submit to the Department a Financial Statement Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact MDCH- DCH-0665FY2006 2/05 (W) 5 of 15 funded programs including, but not limited to fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. c. Audit Status Notification Letter Contractors exempt from both the Single Audit and Financial Statement Audit requirements (a. and b. above) must submit an Audit Status Notification Letter that certifies these exemptions (Attachment 6). 2. Due Dates and Where to Send The required audit and any other required submissions (i.e. Corrective Action Plan and management letter with a response), or audit Status Notification Letter must be submitted to the Department within nine months after the end of the Contractor's fiscal year to : Michigan Department of Community Health Office of Audit Quality Assurance and Review Section P.O. Box 30479 Lansing, Michigan 48909-7979 For Express Delivery: Capitol Commons 400 S. Pine Street Lansing, MI 48933 3. 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 and an extension has not been approved by the cognizant or oversight agency for audit, the Department may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $200,000) 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 and an extension has not been approved by the cognizant or oversight agency for audit. The Department may terminate the current grant if the Contractor is more than 180 days delinquent in meeting the filing requirement and an extension has not been approved by the cognizant agency for audit. 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 DCH-0665FY2006 2/05 (W) 6 of 15 amount equal to one percent of the audit year's grant funding until the Audit Status Notification Letter is received. H. Subrecipient/Vendor 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. 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 establish requirements to ensure compliance for for-profit subrecipients as required by OMB Circular A-133, Section .210(e). The Contractor must ensure that transactions with vendors comply with laws, regulations, and provisions of contracts or grant agreements in compliance with OMB Circular A-133, Section .210 (f). 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 without 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. DCH-0665FY2006 2/05 (W) 7 of 15 11. 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-Lobbying Act The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of the Departments of Labor, Health and Human Services and Education, and Related Agencies Appropriations Act (Public Law 104-208). Further, the Contractor shall require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non -Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Contractor agrees not to discriminate against any employee or applicant for employment or service delivery and access, with respect to their hire, tenure, terms, conditions or privileges of employment, programs and services provided or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual's ability to perform the duties of the particular job or position 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, DCH-0665FY2006 2/05 (W) 8 of 15 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 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 DCH-0665FY2006 2/05 (W) 9 of 15 are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The Contractor also assures that this language will be included in any subawards, which contain provisions for children's services. 2. The Contractor also assures, in addition to compliance with Public Law 103-227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Contractor. If activities or services are delivered in facilities or areas that are not under the control of the Contractor (e.g., a mall, restaurant or private work site), the activities or services shall be smoke-free. F. Hatch Political Activity Act and Intergovernmental Personnel Act The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501- 1508, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act, Public Law 95-454, 42 USC 4728. Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally assisted programs. G. Subcontracts Assure for any subcontracted service, activity or product: 1. That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions to this policy may be granted by the Department upon written request within 30 days of execution of the agreement. 2. That any executed subcontract to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non-conflicting provisions not set forth in this agreement; b. Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or, DCH-0665FY2006 2/05 (W) 10 of 15 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 all copies of executed subcontracts to 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 1-1,PAA requirements of which the Contractor becomes aware. DCH-0665FY2006 2/05 (W) 11 of 15 6. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Part II, Section V. Termination. 7. In accordance with HIPAA requirements, the Contractor is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected heath 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 not to 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 method as follows: Reimbursement from the Department is based on the understanding that Department funds will be paid up to the total Department allocation as agreed to in the approved budget. Department funds are first source after the application of fees and earmarked sources unless a specific local match condition exists. B. Financial Status Report Submission Financial Status Reports (FSRs) shall be prepared and submitted to: MAGIC-Intelligrants www.michigan.gov/MAGIC 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. Attachment 5 contains the FSR form. The FSR form and instructions for completing the FSR form are available through your MAGIC-Intelligrants. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. DCH-0665FY2006 2/05 (W) 12 of 15 C. Reimbursement Mechanism All contractors must sign up through the on-line vendor registration process to receive all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits. Vendor registration information is available through the Department of Management and Budget's web site: • www.cpexpress.state,mi.us 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 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. The final FSR must be clearly marked "Final". 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 III.D. of this agreement during the term of this agreement or any extension thereof. DCH-0665FY2006 2/05 (W) 13 of 15 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. Severabilitv If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. VIII. Amendments Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. Any change proposed by the Contractor which would affect the Department funding of any project, in whole or in part in Part 1, Section 2.C. of the agreement, must be submitted in writing to the Department through MAGIC- Intelligrants 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 DCH-0665FY2006 2/05 (W) 14 of 15 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. DCH-0665FY2006 2/05 (W) 15 of 15 ATTACHMENT 1 PURPOSE 72124-4-07-B The community-based central juvenile diagnostic center, referred to as the InStep program, provides services to the Pontiac area and enhances existing services available to the courts, community, and families by providing a one stop shop" approach with all services available under one roof. ATTACHMENT 2 STATEMENT OF WORK 72124-4-07-B The InStep program in Pontiac provides services from assessment through aftercare, all within one location, which is located at Pontiac Central High School. By providing a thorough risk and needs assessment and comprehensive services, we have shown a decrease in behavioral problems, a reduction in the use of illegal substances, improved academic performances, and improved family and peer relations. Appropriate referrals for InStep is adolescents age 12-18 that are suspected to have substance abuse, co-occurring disorders and/or behavioral/delinquent issues within the community school or home. In addition to the location at Central High School, Instep the program has expanded services to the Northern High School as well as three of the Junior High Schools. All assessments, counseling and groups are facilitated during the normal hours of the school day. This is to ensure a high participation rate. All adolescents referred to the program have an intake and assessment completed with the case manager, juvenile and parent/guardian. The assessment tools that are utilized are the MAYSI (Massachusetts Youth Screening Instrument) and the JASAE (Juvenile Automated Substance Abuse Evaluation). The MAYSI is a standardized 52 item true false screening. The MAYSI provides information on Alcohol/Drug Use, Angry-Irritable, Depressed-Anxious, Somatic Complaints, Suicide Ideation, Thought Disturbance, and Traumatic Experiences. The JASAE is a 107-item self-administered survey based on adolescent norms. It addresses alcohol/drug use based on DSM-IV and ASAM criteria, as well as attitude and life stress. The juvenile's treatment plan is developed using information gathered from the intake interview, the MAYSI, JASAE, and a strength-based assessment. Each participant is assigned a case manager. It is the responsibility of the case manager to ensure the participation of the juvenile and family with the treatment plan. The case manager meets with the adolescent and their family on an individual basis at their school. Family members are required to attend the intake session with the adolescent onsite at InStep. The parents/guardians of the youth sign a participation agreement to the affect that they will actively participate with the juvenile and their treatment. The family is required to attend counseling sessions with their child on an as needed basis to ensure meaningful involvement. Once the participants near completion of InStep, the case manager formulates an aftercare plan with the adolescent and their family. The client is also given the option of returning to InStep at any time that they feel it necessary for additional support and relapse prevention. The program in Pontiac offers the following services onsite at Pontiac Central and four other schools within the district: a Level One substance abuse education group and Level Two substance abuse treatment group, mental health counseling for individual and family therapy (for those that have mental health and/or co-occurring disorders), psychiatric services, teen girls and boys support group, anger awareness group, Say It Straight - Cognitive Behavioral Group, transportation and drug/alcohol testing. Participants also attend sentencing hearings at 50th District Court in Pontiac, tours of the Oakland County Jail and perform community service work hours. In addition to the above mentioned groups, nurses from the Health Department in Oakland County assist in educating the youth in HIV/AIDS, teen pregnancy, and infant mortality. ATTACHMENT 2 STATEMENT OF WORK InStep added the "Say It Straight" module last year. The goals of SIS training are prevention of risky or destructive behaviors, such as alcohol, tobacco, other drug (ATOD) use, violence, school drop-out, teen pregnancy, behaviors leading to HIV/AIDS; and promotion of wellness, personal and social responsibility, positive self-esteem and positive relationships. SIS is apnropriate for any age, gender or cultural/ethnic group. After SIS, youth are 3.7 times less likely to have substance abuse related school suspensions and 4.5 times less likely to have juvenile criminal police offenses such as assaults, vandalism, burglary, runaway, etc. compared to youth who did not have SIS training. Reductions in precocious sexual behavior and pregnancy, and fights that lead to violence have also been reported. In 2001, the U.S. Department of Education, Expert Panel on Safe, Disciplined and Drug-Free Schools designated Say It Straight Training as a Promising Program for prevention of violence, substance abuse and other high-risk behaviors; and promotion of wellness, self-awareness, personal and social responsibility, good communication skills and positive relationships. After continuing evaluation of services offered, InSteb is in the process of further enhancing the program by adding a Behavioral Intervention Program Service (BIPS) by the Greater Detroit Michigan Chapter of Concerned Black Men, Inc. (GDMCBM). This will provide primary and secondary treatment to at risk students and adjudicated youth. BIPS specializes in treating juvenile delinquents and offenders who have been diagnosed with Oppositional Defiant Disorder and Conduct Disorders. Many juveniles have a minimal and confused sense of right and wrong, due to a lack of character education and the mixed messages in our culture. Something as basic as respect for the property of others may be totally missing from their knowledge and understanding. BIPS psychotherapeutic treatment character development modality is based on Moral Reconation Therapy (MRT). MRT was one of the first comprehensive and systematic attempts to treat offenders from a purely cognitive behavioral perspective. MRT is an objective and precise treatment system designed to enhance the ego, social, moral, and positive behavioral growth in a progressive, step by step fashion. MRT has twelve to sixteen steps and focuses methodically on eight basic treatment issues: 1) Confrontation of beliefs 2) Attitudes and behaviors 3) Assessment of current relationships 4) Reinforcement of positive behavior and habits 5) Positive identity formation 6) Enhancement of self-concept 7) Decrease in hedonism and development of frustration tolerance 8) Development of higher stages of moral reasoning With respect to African-American juvenile offenders, according to OJJDP data, African American youth are disproportionately confined in residential placement and juvenile detention facilities and over-represented at all points of the juvenile justice system. ATTACHMENT 2 STATEMENT OF WORK Most treatment services in the juvenile justice system, including diversion programs, have no culturally specific and relevant therapeutic intervention that would modify negative behaviors among African American juvenile offenders. At a minimum, the GDMCBM will be a partner in our current collaboration. Our partnerships with many community agencies continue to be strong. This is to ensure that meaningful services are provided to the Pontiac community. The partners include: Oakland County Family Court Division, Pontiac School District, Pontiac Police Department, Oakland County Office of Substance Abuse, Oakland County Community Mental Health Authority through its contracted provider Easter Seals-Family Mental Health Services, Pontiac Youth Assistance, Oakland County Health Division, JEC Counseling, Common Ground Sanctuary, Positive Male Role Models and Oakland County Community Corrections Division. The partnerships between the various agencies have brought unity, understanding and a reduction in replication of services. Over the past three years, each collaborative partner has gained insight about the challenges; obstacles and limitations that they have each faced. Cross system collaboration must form the basis for all solutions. Meetings are held with all of the above partners to discuss the program objectives. Concerns and ideas are brought to the table in order to maintain an effective collaboration. Easter Seals - Family Mental Health Services provides a full time therapist onsite. The therapist conducts individual and family therapy, as well as facilitates various groups, including the Anger Awareness sessions. The Office of Substance Abuse provides the dollars necessary so that a community based substance abuse agency (JEC counseling) facilitates the educational/therapeutic substance abuse groups. Common Ground Sanctuary and the Health Division assist in facilitating the boys and girls support groups. Coordination with school officials, Pontiac Police Department and the courts continues daily with regard to making appropriate referrals to InStep and corresponding with those agencies when appropriate sanctioning is necessary for non-compliance with mandated participation by the juvenile. The following tasks are still ongoing as part of the project: 1) continues various group components as needs of the adolescents and their families are identified 2) Coordination and facilitation of the MRT/ACR program 3) continue outcome studies as appropriate. By providing cross-system service assessment centers in the community, like InStep, we are able to integrate multidisciplinary perspectives on the client's needs, enhance coordination of effort among service providers, afford an opportunity to assess youth immediately, and reduce duplication of assessment services (Bilchik, 1999). In accomplishing this, juvenile adjudication's, short term detention and long term residential placements will be reduced, thus saving tax payer dollars. Oakland County Community Corrections Division is the primary recipient and lead agency for controlling and completing all aspects and activities proposed in this grant application. Community Corrections Division will remain the lead agency for the duration of funding and will be the sole point of contact for all matters related to this proposal. The lead agency has the managerial and financial capability to ensure proper planning, management, and completion of the project described in this proposal. Oakland ATTACHMENT 2 STATEMENT OF WORK County Community Corrections has been in existence since 1994 and draws from a variety of funding sources. In 2006, Community Corrections had grant funding totaling in excess of $3.6 million. 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 Instep - Pontiac 7/11/2006 1 1 1 CONTRACTOR NAME BUDGET PERIOD County of Oakland 10/1/2006 - 9/30/2007 MAILING ADDRESS (Number and Street) BUDGET AGREEMENT AMENDMENT # 1200 N. Telegraph Rd. E.] ORIGINAL L1AMENDMENT n CITY STATE ZIP CODE FEDERAL ID NUMBER Pontiac MI 48341. TOTAL BUDGET 38-6004876 EXPENDITURE CATEGORY (Use Whole Dollars) 1. SALARIES & WAGES $43,996 $65,995 $109,991 2. FRINGE BENEFITS $21,999 $32,997 $54,996 3. TRAVEL $480 $720 $1,200 4. SUPPLIES & MATERIALS $2,600 $3,900 $6,500 5. CONTRACTUAL (Subcontracts/Subrecipients) 6. EQUIPMENT 7. OTHER EXPENSES 1 8. TOTAL DIRECT EXPENDITURES $69,075 $103,612 $172,687 (Sum of Lines 1-7) 9. INDIRECT COSTS: 0% $0 $ 0 $ 0 , 10. TOTAL EXPENDITURES $69,075 $103,612 $172,687 SOURCE OF FUNDS 11. FEES & COLLECTIONS I $103,612 $103,612 12. STATE AGREEMENT $69,075 $69,075 13. LOCAL $c $0 14. FEDERAL so s0 15. OTHER(S) $0 1 16. TOTAL FUNDING $69,075 8103,6121 $172,687 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- X 15 1 COMPOSITE RATE AMOUNT 50 % TOTAL FRINGE BENEFITS $54,996 $480 $720 $1,200 2,600 3,900 $6,500 $0 $ 0 Rate 0% 10. TOTAL EXPENDITURES (sum of lines 8-9) so so AtTACHMENT 3 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET COST DETAIL Page 1 of 1 PROGRAM CODE BUDGET PERIOD DATE PREPARED Instep - Pontiac 72124-4-07-B 10/1/2076 to 9/30/2007 7/11/2006 ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER 1. SALARY AND WAGES POSITIONS TOTAL COMMENTS REQUIRED SALARY Full Time Case Manager 2 $109,991 TOTAL SALARIES AND WAGES $109,991 2. FRINGE BENEFITS (specify) FICA X LIFE INS. Tx1 DENTAL INS UNEM PLOY INS. x I VISION INS. X WORK COMP FX—I RETIREMENT I HEARING INS. HOSPITAL INS, 0 OTHER 3. TRAVEL (specify if any item exceeds 10% of Total Expenditures) Travel for contact with clients; Conferences for training purposes 4. SUPPLIES AND MATERIALS (specify if any item exceeds 10% of Total Expenditures) Office Products/Assessment tools/drug testing supplies 5. CONTRACTUAL (SUBCONTRACTS) NAME 6. EQUIPMENT (specify) ADDRESS AMOUNT $0 7. OTHER EXPENSES (specify if any item exceeds 10% of Total Expenditures) 8. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7) 9. INDIRECT COST CALCULATIONS $0 $172,687 $1 7 2 687 DCH-0386FY2002(E) (W) 6/2001 COMPLETION IN A CONDITION OF FUNDING AUTHORITY: PA. 368 of 1978 Krinunambrr 4 PERFORMANCE / PROGRESS REPORT REQUIREMENTS A. The Contractor shall submit the following reports on the following dates: Program reports must be downloaded from the ODCP 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 to the MAGIC System. Directions for attaching Progress Reports are located on the MAGIC Help Screens. Reports are due to the Office of Drug Control Policy no later than: January 30, 2007, April 30, 2007, July 30, 2007, and October 30, 2007. Failure to submit timely, complete, and accurate progress reports may delay reimbursement and could result in grant closure. 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 A shall be developed and submitted by the Contractor as required by the Contract Manager. C. Reports and information shall be submitted to the Contract Manager at: 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 Agreement YTD Budget Balance 1. Salaries & Wages 2. Fringe Benefits 3. Travel — 4. Supplies & Materials ._ 5. Contractual (Sub-Contracts) 6. Equipment 7. Other Expenses _. 8. TOTAL DIRECT 9a.Indirect Costs: Rate#1% 9b.Indirect Costs: Rate#2% 10. TOTAL EXPENDITURES SOURCE OF FUNDS: 11. State Agreement 12. Local 13. Federal 14. Other 15. Fees & Collections 16. TOTAL FUNDING CERTIFICATION: I certify that I am authorized to sign on behalf of the local agency and that this is an accurate statement of expenditures and collections for the report period. Appropriate documentation is available and wid be maintained for the required period to support costs and receipts reported. Authorized Signature Date Title Contact Person Name Telephone Number FOR STATE USE ONLY Advance INDEX PCA A OBJ. CODE AMOUNT Advance Outstanding Advance Issued or Applied Balance Message Authority: P.A. 368 of 1978 The Department of Community Health is an equal opportunity, Completion: is a Condition of Reimbursement emoloyer, 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 CERTIFICATIONS, ASSURANCES & DRUG COURT ADDENDUM Non-Supplantinq 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, "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. ATTACHMENT 7 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 Administrative Requirements for Grants and Cooperative Agreements —28 CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the applicant assures and certifies that; 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 P.L. 91-646, which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 3. It will comply with provisions of Federal law, which limit certain political actives of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in party by Federal grants (5 USC 1501, et seq.). 4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 7. It will comply with all requirements imposed by the Federal-sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. d' ATTACHMENT 7 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. 10.1t 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 Park 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 its subgrantees 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. 12.1t 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. 13.1t 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. 14.1n 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. % ATTACHMENT 7 15.1t will provide an Equal Employment Opportunity Program if required to maintain one. 16.1t will comply with the provisions of the Coastal Barrier Resources Act (Pl. 97-348) dated October 19, 1982 (16 USC 3501 et seq.), which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 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 part 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. ,S • I I. ATTACHMENT 7 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. .1 . i ATTACHMENT 7 • ADDENDUM for DRUG TREATMENT COURTS (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. Contractors must submit such reports to the Department by the following dates: January 30, 2007 April 30, 2007 July 30, 2007 October 30, 2007 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 Forglng partnerships among Drug Courts, public agencies, and community-based organizations generates local support and enhances Drug Court effectiveness. • - 0 4. 4. In collaboration with the 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 Contractor 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. 6. 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 4*- FISCAL NOTE (MISC. #06222) November 30, 2006 BY: Finance Committee, Chuck Moss, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - FISCAL YEAR 2007 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 the Byrne Memorial Grant - Michigan Office of Drug Control Policy for the Pontiac In-Step Grant in the amount of $69,075, which is the amount requested in the original application. 2. The total cost of the program is $172,687, with $69,075 (40%) of the cost from Federal funds and $103,612 (60%) as the grant match from the County's General Fund. 3. The grant period is October 1, 2006 through September 30, 2007. 4. This is the fourth year of this grant, and is a community-based central juvenile diagnostic program used to supplement existing services. 5. The grant funds two (2) Community Corrections Specialist IT positions (#9332 and #9401), travel, material and supplies, and subcontractors. 6. An amendment to the FY 2007 Adopted special revenue budget of $191, as detailed in Schedule A, is requested to reflect the new grant award of $172,687 for FY 2007. 7. Also, a budget amendment is recommended to transfer the grant match funds from the Non-Departmental Grant Match account to the Community Corrections grant match line item as follows: GENERAL FUND (410100) Expenditure 9090101-196030-730800 Non-Dept-Grant Match 1070402-113260-788001-27385 Transfer to Grant FY 2007 ($103,612) 103,612 $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Melton, Wilson and Jamian absent. -12.-A-106 November 30, 2006 Resolution #06222 Moved by Suarez supported by Molnar the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jacobsen, Jamian, KowaII, Long, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voting in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGONG REMOTION 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 November 30, 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 30th day of November, 2006. Ruth Johnson, County Clerk