HomeMy WebLinkAboutResolutions - 2008.08.21 - 9415tA
August 21, 2008
MISCELLANEOUS RESOLUTION #08162
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION 2008 JUVENILE DRUG COURT — JUVENILE JUSTICE AND
DELINQUENCY-PREVENTION ACT — GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Human Services (DHS), Bureau of Juvenile Justice (BJJ) Juvenile Justice and
Delinquency Prevention Act — Juvenile Justice Grant Unit (JJGU) has awarded grant funding to the Circuit Court Family
Division in the amount of $125,000 with a grant period of March 1, 2008 through February 08, 2009, With a two year
renewable option; and
WHEREAS this award represents continuation of program funding that targets youth with co-occurring disorders
(substance abuse and mental health) that are non-violent repeat offenders charged with alcohol and/or controlled
substance related offenses or charged with minor delinquency where substance abuse is a contributing factor; and
WHEREAS one of the barriers that has prevented identified youth from participating in the Oakland County Juvenile Drug
Court program has been lack of transportation, childcare and wraparound support; and
WHEREAS participation in this program will increase skill building and help to improve family relationships, reduce
dropout rate, and increase likelihood of success after completion of the program; and
WHEREAS this program is to insure that the Circuit Court Family Division Juvenile Drug Court is utilized to maximum
capacity throughout the year; and
WHEREAS the Circuit Court Family Division — Juvenile Drug Court, is awarded $125,000 in State funds with general
purpose Child Care Fund match support of $125,000, for a total program budget of $250,000; and
WHEREAS the grant award also funds contractual substance abuse and mental health treatment and consultation
services; training, training supplies, incentives, promotional supplies; also provide travel and transportation . in support of
this grant; and
WHEREAS MiscellaneouS Resolution #90004 established a fiscal policy to maintain proportionate funding fOr Federal,
State and Private grants; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and in
accordance with the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan
Department of Human Services Bureau of Juvenile Justice (BJJ) — Juvenile Justice Grant Unit (JJGU) grant, in the
amount of $250,000 with $125,000 matching funds from the Child Care Fund.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract
agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from
the award, consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract
consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing
that assurance #4 of the grant application shall not be construed as a mandate for future funding of the program from the
funding unit, said fetter attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this grant will fund contractual substance abuse, wraparound, child care services,
mental health treatment, and consultation services; training, training supplies, incentives, and promotional supplies; travel;
and transportation.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
Nancy Wenzel
rage i 01 _I
• From: ..Cooperrider, John [cooperriderj@oakgov.com ]
Sent: Monday, August 11, 2008 3:17 PM
To: Nancy Wenzel
Subject: • FW: Grant Sign Off: Circuit Court - Family Division - 2008 Juvenile Justice and Delinquency
Prevention Act - Grant Acceptance
Importance: High
Hi Nancy — we received the signoff package — how would you like us to handle this for the meeting tomorrow?
Original Message
From: Piir; Gala [mailto:piirg@oakgov.com]
Sent: Monday, August 11; 2008 2:23 PM
To: 'Cooperrider, John', 'Pamela L. Davis'; 'Riegal, Robert F
Subject: Grant Sign Off: Circuit Court - Family Division - 2008 Juvenile Justice and Delinquency Prevention Act -
Grant Acceptance
Importance: High
The complete sign off package is attached.
. GRANT REVIEW SIGN OFF — Circuit Court - Family Division
GRANT NAME: 2008 Juvenile Justice and Delinquency Prevention Act
FUNDING AGENCY: Michigan Department of Human Services, Bureau of Juvenile Justice, Juvenile
Justice .Grant Unit
'DEPARTMENT CONTACT PERSON: Pamela Davis / 80247
STATUS: Grant Acceptance
DATE: August 11,2008
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal
grant review. Below are the returned 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 (7/31/2008)
Department of Human Resources:
Approved. — Cathy Shallal (7/31/2008)
Risk Management and Safety:
Approved. - Andrea PlotkoNmski (8/6/2008)
Corporation Counsel:
After reviewing this grant contract, provided the State modifies the contract to note that subcontractors will be
handling the direct services as they have agreed to do, there appear to be no unresolved legal issues that require
additional action at this time. — Karen Agacinski (8/8/2008)
8/12/2008
- OE -01 01 16P1 rnastkenzia
FE-Q1 '2;4? rem:SCA-WM
248-305-9747 P02 1 5113732W 1T-420 P.32/02 Joir-111
Sincorcly,
<7.1
Dawn A. Monk
Deputy State Court Administrator
Michigan Supreme Court
State Court Administrative Office
P.O. Box .300411
LInsing, Mioltigan 48909
?twee (517) 373.0130
Nut D. Ferryjr... Staid Court A thninis =tar
February 6. 2001
Honorable Brian IsdaelCertzie
52nd District Court
41)50 Grand River Ave.
. Novi. MI 48314-222.
Dear Judge MacKenzie:
Pursuant to our conversation this noOrning regarding the Michigan Dnig Court Grant
Program, I am providing information concerning Assurance #4 in the application materials.
The assurances included in the Michigan Drug Court Grant application materials are the
same as the assurances required to apply for and ancept fedora1 program funding for arug court
programs. A33ttralCe #4 culls for the applicant to provide assurance of a program's intent to
continue f=incling whether that be from local, other state 1 or federal sources of funding. The
?vlielligen Drug Court Grant Program la a atatc-approprietcd program funded with limited general
fund dollars, The Amding is intended to assist in developing and implementing new programs
and provide limited support to continuing programa. It is, however, the program's responsibility
to eventually seek additional sources of funding. This should not be construed as a nundate for
filtalre funding of a program from the funding unit.
If you have any further questions, please contact me.
Michigan Department of Human Services — Office of Contracts and Rate Setting
13,1,1 — Grant Format (CM -F160)
Cover Sheet
Grantee Name: Grant #:
OAKLAND COUNTY CIRCUIT COURT-FAMILY DIVISION .3DMEIC- 08-63001
Amount: •
$250, 000.00 ri $125,000.00 $125,000.00
CS-138#: Expires: Commodity Code: Mail Code:
_Non-Juris 02/08/09 95243 025
Contract Administrator: Phone #:
Shirley M. Winston 517-335-6478
SS# or Fed. I.D. # Award Status:
38-6004875 _fl Bid gal Sole Source 0 Fair Market Rate
-Begin day and month of Grantee's fiscal year:
1 . day of month March month of year 2008
Audit Status: 0 Vendor fl No Federal Funds Faith Based:
1 Sub-recipient If checked, record CFDA numbers(s) below
Yes I No 16.540
Count(ies):
OAKLAND
Org. Type:
Private, Non-profit D Private, Proprietary El Public 0 University
Payment Type:
CLI Actual Cost Unit Rate 0 Fair Market Rate
Grantee is a state employee: Grantee is a retired state employee:
fl Yes A, No D Yes 1,... No
Index Code: PCA: AOC:
65210 47 827 6325
-
The contract administrator by submission of this document assures no changes have
been made to the contract General Provisions as stated in Article III of standard DHS
contract format.
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
A.
B.
C.
Grant No: JD MHC-08-63001
County: OAKLAND
Contract Amount: $125,000.00
Method of Payment: Actual Cost
AGREEMENT
between
Michigan Department of Human
(DHS) &
235 South Grand Avenue
P.O. Box 30037
Lansing, Michigan 48909
Services OAKLAND COUNTY CIRCUIT
COURT-FAMILY DIVISION
1200 North Telegraph Road
Pontiac Michigan 48341
This Agreement is effective from March 1, 2008 through February 08, 2009.
GRANTEE RESPONSIBILITIES
Geographic Area
The Contractor shall provide services described herein in the following geo-
graphic area: Oakland County.
Location of Facilities
The Contractor shall provide services described herein at the following
location(s): Oakland County Circuit Court Family Division, 1200 North Telegraph
Road Pontiac Michigan 48341. Crossroads for Youth 930 E. Drahner Road
Oxford Michigan 48371 and Oakland Family Services 114 Orchard Lake Road
Pontiac Michigan 48341.
Client Eligibility Criteria
1. Youth 19 and under that have been court ordered to participate in the
juvenile drug/mental health court.
2. Determination of Eligibility
The grantee shall determine eligibility
D. Employee Credentials and Clearances
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
The Contractor shall assure that appropriately credentialed or trained staff shall
perform functions under this Agreement.
As a condition of this Agreement, each Grantee certifies the grantee will conduct
or cause to be conducted, for each applicant, employee, subcontractor,
agreement, an Internet Criminal History Access Tool (ICHAT) and for each
applicant, employee, subcontractor, subcontractor employee or volunteer who
works directly with clients under this agreement and who has not resided or lived
in Michigan for each of the previous (10) years, a National Crime Information Date
.(NCID) criminal record check and an (IC HAT) CHECK. The Grantee further
certifies that the Grantee shall not submit claims for or assign to duties under this
Agreement, any employee, subcontractor subcontractor employee, or volunteer
based on a determination by the grantee that the results of a positive (ICHAT) or
(NCID) response record make the individual ineligible to provide services.
Grantees may consider the. recency and type of crime when making this
determination. The Grantee must have a written policy describing the criteria on
which it is determinations shall be made. Failure to comply with this provision
may cause for immediate cancellation of this Agreement.
E. Services to be Delivered
Service #1 of 4: Mental Health Therapy
1. Activities the Grantee shall perform:
The Grantee shall:
a. Provide a minimum of 1 weekly 50 min. Mental Health Therapy
sessions, individual, family or group.
2. Volume of Service
Clients: The estimated number of unduplicated eligible clients to be served
during the period of this Agreement shall be: 15
3. Unit Definition(s): One unit equals one 50 min therapy session
4. Units: The estimated number of units of service to be provided per term of
agreement shall be: 780
5. From the total amount, the estimated number of units that may be expended
during the following period is:
Fiscal Year Estimated Number of Units
March 1, 2008 through September 30, 2008 255
-2-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
October 1, 2008 through February 08, 2009 - 525
Service #2 of4: Respite Care
1. Activities the Grantee shall perform:
The Grantee shall:
a. Provide Respite Care for youth and family; the services provided by
subcontractors, Oakland Family Services and Crossroads for Youth,
separate the parents from the youth. The youth is engaged in individual or
group therapy facilitated by therapists and counselors which can included
recreational or team building activities. At the end of the weekend respite a
family session is held and the parents and youth agree to have "time outs" at
home to de-escalate situations that may occur. Parents and youth devise a
plan that outlines how they will follow the plan, and both parties sign a
agreement and the family return to their homes.
2. Volume of Service
Clients: The estimated number of unduplicated eligible clients to be served .
during this period shall be 15.
3. Units Definition(s): One unit equals 1 weekend of respite care for youth and
family
4. The estimated number of number of units of service to be provided per term of
agreement shall be 45.
5. From the total amount, the estimated number of units . that maybe expended
during the following period is 675.
Fiscal Year Estimated number of Units
March 1, 2008 through September 30, 2008 281
October 1, 2008 through February 08, 2009 394
Services#3 of 4
1. Activities the Grantee shall perform: Child Care Services.
The Grantee shall:
-3-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
a. Provide Child Care for clients during Drug Court hearings and family
counseling sessions to allow parents to participate in drug court programs
and services.
2. Volume of Service
Clients-The estimated number of unduplicated eligible clients to be served during
the period of this Agreement shall be: 10
3. Units Definition (s): One unit equals Child Care Services for one drug court or
family counseling session.
4. The estimated number of units of service to be provided per term of Agreement
shall be 52.
5. From the total amount, the estimated number of units that may be expended
during the following period is 520
Fiscal Year Estimated Number of Units
March 1, 2008 through September 30, 2008 170
October 1, 2008 through February 08, 2009 350
Service #4 of 4
1. Activities the Grantee shall perform Wraparound Services.
-The Grantee shall:
a. Provide community based Wraparound Services to youth providing
guidance and positive activities. Few youth recognize their own talents and
interest. They require guidance to explore positive options and outcomes.
2. Volume of Service
Clients: The estimated number of unduplicated eligible clients to be served during
the period of this Agreement shall be 15.
3. Units: Definition(s): One unit equals 1 hour of Wraparound Services per youth.
4. The estimated number of units of service to be provided per term of agreement
shall be 52.
5. From the total amount, the estimated number of units that may be expended
during the following period is 780.
-4-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
Fiscal Year Estimated Number of Units
• March 1, 2008 through September 30, 2008 255
October 1, 2008 through February 08, 2009 525
F. Evaluation Reporting Requirements
The Grantee shall submit to DHS all JJDPA expenditure and Program Reports
that indicate the status and effectiveness of activities performed under this
Agreement as indicated:
1. Submit the Financial Status Reports on a monthly basis by the 10 11 of the
month: Personnel, Fringes, Construction, Consultant/Contractual, Travel,
Supplies/Operating and Equipment.
2. Submit the Monthly Program Reports: Program Goals, Objectives,
Narrative, Output and Outcome Measures.
3. Submit a year-end Final Expenditure and Program Report to contain the
following information within 60 days after termination of this Grant Award:
Program Objectives and Narrative and Purpose Area Expenditures to date.
G. Audit Language
1. Subrecipient Relationship
This Agreement constitutes a subrecipient relationship with DHS. The
Grantee is required to comply with all federal regulations related to the
accounting and auditing of the federal award used to fund this contract.
This includes, but is not limited to, compliance with OMB Circular A-133.
Regulations applicable to funding sources are included in the Catalog of
Federal Domestic Assistance (CFDA). The Federal Program Title, CFDA
number, and federal financial participation (FFP) rate DHS will use for this
Agreement are:
Federal Program Title CFDA # • FFP%
Juvenile Justice and 16.540 100%
Delinquency Prevention-
Allocation to States
-5-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
However, DHS may change the CFDA number and/or FFP rate during the
course of this Agreement. CFDA numbers and FFP rates for this
Agreement shall be posted quarterly on the DHS web site. The Grantee is
required to check the web site to obtain up to date information regarding the
DFDA numbers.
The Grantee shall consult the following website to obtain CFDA numbers,
payments, program updates, and other audit information:
http://vvww.michigan.gov/dhs/0,1607,7-124-5455 7199 8380—,00.html
DHS agrees to participate in audit cost related to the audit as described in
other sections of this contract.
2. Reporting Requirements
The Grantee must immediately report to the DHS Office of Internal Audit
accounting irregularities including noncompliance with contract provision.
If the Grantee is required per OMB Circular A-133 to have a Single Audit
performed, the Grantee must submit the Reporting Package and an Audit
Transmittal Letter to the DHS Office of Internal Audit at the address that
follows and in accordance with the time frame established in the Circular.
Reporting Package includes:
a. Financial statements and schedule of expenditures of Federal awards
b. Summary schedule of prior audit findings
c. Auditor's report(s)
d. Corrective action plan, if applicable
3. Audit Transmittal Letter
The Contractor is responsible to identify in the Audit Transmittal Letter all
organizations it operates that administer DHS subrecipient programs and
the different names the Contactor may use to contract with DHS. The
Contractor is responsible for proper completion and submission of the Audit
Transmittal Letter. This letter, to be accurately processed by DHS, must
include the following information:
a. Grantee's name as reported in the DNS contract(s)
b. Grantee's Federal Identification number(s) as reported in the DHS
contract(s)
-6-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
c. Grantee's fiscal year end.
d. Identify other name(s) and other Federal Identification number(s) used
by the Grantee.
If a Single Audit is not required per OMB Circular A-133, the Contractor
must still submit an Audit Transmittal Letter stating why a Single Audit was
not required and the Contractor's fiscal year to which the letter pertains. The
Audit Transmittal Letter should include items stated in the section, "Audit
Transmittal Letter," described below. The letter may be mailed to the
address below or FAX to (517) 373-8771.
Mailing address for all information:
Michigan Department of Human Services
Office of Internal Audit
235 S. Grand Ave. Suite 1112
Lansing, MI 48909
Attention: William Addison, CPA
If the Grantee is a subrecipient of DHS, but asserts it is not required to have
a Single Audit performed, the Grantee shall submit an audit transmittal letter
to the DHS Office of Internal Audit stating the reason the Single Audit is not
required. Failure by the Grantee to submit the transmittal letter shall result in
invoking the same sanctions on the Grantee as failure to submit the Single
Audit report.
4. Audit Cost
Cost of the Single Audit can only be charged tot his agreement if there is a
provision within this Agreement that allows payment for the Single Audit
cost. No audit cost may be charged to this agreement if the Grantee is not
required to have a Single Audit.
No audit costs may be charged to DHS when audits required by this contact
have not been performed or have not been performed in accordance with
OMB Circular A-133 requirements. Late submission (as defined in OMB
Circular A-133) of the Single Audit report and/or Audit Transmittal Letter is
considered non-compliance with this section and may be grounds to impose
sanctions.
3. Sanctions
DHS may impose sanctions if the Grantee fails to adhere to any of the audit
requirements in this Agreement, including the audit transmittal letter. In
-7-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
cases of continued inability or unwillingness on the part of the Grantee to
comply with audit requirements, DHS may recoup all federal payments
made to the Grantee during the period for which a single audit was required
but not performed.
H. Client Records
For each eligible client served under this Agreement, the Grantee shall maintain
client case records consisting of:
DHS-provided forms which certify eligibility.
Date of contact with client.
Problem identification.
Methods of service delivery.
Significant contacts with client and significant events.
Other materials as may be specified by DHS.
I. Service Documentation
The Grantee agrees to maintain program records required by DHS, program
statistical records required by DHS, and to produce program narrative and
statistical data at times prescribed by, and on forms furnished by, DHS.
Fiscal Requirements
The Grantee shall install and maintain an accounting system to identify and
support all expenditures billed to DHS under this Agreement. The accounting
system must record all income and expenses for the Grantee's total program of
which services provided under this Agreement are a part. The accounting system,
as a minimum, shall consist of a chart of accounts, cash receipts journal, cash
disbursements journal, and general ledger. All expenditures and income must be
supported by vouchers and receipts that detail the reason for the transaction
The Grantee shall comply with all provisions of Office of Justice Programs'
"Financial Guide" (copy may be obtained from DHS' Bureau of Juvenile Justice).
The Grantee shall maintain, within the accounting system, salary and fringe
benefits accounts that break out positions, hospitalization, retirement, workmen's
compensation and other fringe benefits. The Grantee shall establish and maintain
payroll records for all employees. The Grantee, in establishing and allocating
salary and wages for employees, shall support these charges by electing to
establish either:
-8-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
1. An adequate appointment and workload distribution system, accompanied
by monthly reviews showing the actual changes in the workload distribution
of each employee (i.e., an exception reporting system); or,
2. A monthly after-the-fact certification system that requires persons in
supervisory positions having first-hand knowledge of the services performed
to report the distribution of effort (i.e., a positive reporting system).
K. Billing/Payment Method
As used in this Agreement, "Cost Documentation" refers to the CM-468 Total
Program Budget Summary, and the Contract Budget Statement Detail sheets
attached hereto.
The Actual Cost Reimbursement Method shall be used in claiming
reimbursement under this Agreement. The Cost Documentation is hereby made a
part of this Agreement. The Grantee certifies that this budget has been prepared
in accordance with the Budget Completion Instructions provided by DHS. This
document details the amount and object of expenditures for which the Grantee
shall use funds paid under this Agreement. The Grantee is authorized to expend
funds only for those resources indicated in the budget that are allowable, properly
allocated and reasonable as defined in the Budget Completion Instructions. Only
cost actually incurred may be billed to DHS. The Grantee shall follow and adhere
to the budget. However, expenditures up to a 5% increase or $1,500, whichever
is greater above the direct cost line item budget categories are permissible
provided the sum of all expenditures doe not exceed the total amount of the
contract. The Grantee shall not be reimbursed for any expenditures incurred in
budget line items that do not include dollar amounts. The Grantee must obtain
prior written approval from DHS to increase any line item by more than 5% or
$1,500, whichever is greater. The OHS representative authorized to approve
budget revisions is the Director, Office of Contracts and Rate Setting. The
Grantee's request for DHS approval must contain sufficient information to allow
DHS to identify which budget line items are to be increased and which line items
are to be decreased, staying within the originally approved budget total.
For travel costs, including mileage, meals, and lodging, incurred related to
services provided under this Agreement, the Grantee may bill DI-IS the premium
state rate, or Contractor's usual reimbursement rate for employees, whichever is
less. State of Michigan travel rates may be found at the following website:
http://vvvvw.michigan.gov/dmb/0,1607,7-150-9141 13132---,00.html
The Contractor can not charge DHS more for a provision of service than is
charged to other entities for whom the contractor provides services.
-9-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
I. Billing Procedure
The Grantee shall submit a monthly Financial Report to DHS. This Statement of
Expenditures shall indicate actual expenditures incurred broken out by category
of expense in the performance of this Agreement for the period being billed and
the units of service delivered. This Statement shall be submitted to DHS within
ten (10) days from the end of the billing period. For the month of September,
billings shall be submitted as reasonably directed by the contract administrator to
meet fiscal year end closing deadlines. In no event, shall the DHS make payment
to the Grantee for billings submitted more than 90 days after the end of a billing
period.
For mileage costs incurred related to services provided under this agreement, the
Grantee may bill DHS the State of Michigan premium travel rates or Grantee's
usual reimbursement rate for employees, whichever is less. State of Michigan
travel rates may be found at the following website:
http://www.michigan.gov/dmb/0,1607,7-150-9141 13132--00.html
Obligations incurred prior to or after the period covered by this Agreement shall
be excluded from the Grantee's monthly invoices.
M. Special Conditions
Evaluation
The Grantee shall:
1. Develop an evaluation that will be able to track the priority risk factors that
the Grantee identified as part of the three-year or five-year plan.
2. Document the process utilized in developing the plan and in implementing
the project.
3. Thru an outside consultant/subcontractor, develop an outcome specific
evaluation design as incorporated in the evaluation tools. Specific data on
individuals must remain confidential.
4. Make evaluation designs and instruments developed with funds under this
agreement shall be available to DHS and the general public. Evaluation
designs and instruments shall be considered in the public domain.
Documents prepared through the process are public documents and are to
be provided by the grantee upon request.
-10-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
5. Submit final evaluation reports to DHS within sixty (60) days of the grants
end date. Failure by the Grantee to submit the final evaluation report may
result in the termination of the grant retroactive to the date of receipt of the
monthly report by DHS. If this occurs, DHS may also require re-payment of
• grant funds. Failure to comply with this requirement may also affect future
continuation grant consideration.
II. OHS RESPONSIBILITIES
A. Payment
DHS shall make payments to the Grantee within forty-five (45) days after receipt
by DHS of the Grantee's Financial Status Report detailing program related
budgeting expenditures as set forth in the Cost.
B. Maximum Amount
DHS hereby agrees to pay the Grantee an amount not to exceed One Hundred'
twenty five thousand dollars and 00 /100 ($125,000.00) for services performed in
accordance with these terms of this Agreement exclusively during the fiscal
period March 1, 2008 to February 08, 2009. Obligations incurred prior to or after
the period covered by this Agreement shall be excluded from the Grantee's
monthly invoices.
From the total amount, the maximum amount that may be expended during the
following periods is:
Fiscal Year Contract Amount
March 1, 2008 through February 08, 2009 $125,000.00
C. Evaluation Criteria
The services provided by the Grantee under this Agreement shall be evaluated
by DI-IS on the basis of the following criteria:
1. DHS shall review all Expenditure and Program Reports that indicate the
status and effectiveness of activities performed under this Agreement as
indicated under Grantee Responsibilities.
Ill. GENERAL PROVISIONS — PUBLIC
A. Conclusion, Termination, and Cancellation Terms
-11 -
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
1. DHS' Source of Funds-Termination
DHS' payment of Federal or State funds for purposes of this Agreement is
subject to and conditional upon the availability of those funds for such
purposes. No commitment is made by OHS to continue or expand activities
covered by this Agreement. Funding for services to be provided beyond the
end of the initial State fiscal year is dependent on legislative appropriation.
DHS may terminate this Agreement immediately upon written notice to the
Contractor at any time prior to the completion of this Agreement if, in the
sole discretion of OHS, funding becomes unavailable for this service or such
funds are restricted.
2. Cancellation of Agreement
DHS may cancel this Agreement upon thirty days written notice if DHS
determines that the Contractor, its agent, or its representative has offered or
given a gratuity, kickback, money, gift, or anything of value to an officer,
official, or employee of the State to obtain a contract or favorable treatment
under a contract. By signing this Agreement, the Contractor hereby certifies
that no funds have been given to any state officer, official, or state employee
for influencing or attempting to influence such officer, official, or employee of
the State.
Except as indicated below, DHS may cancel this Agreement without further
liability to DHS or its employees by giving the Contractor written notice of
such cancellation thirty days prior to the date of cancellation. The Contractor
may terminate this Agreement upon thirty days written notice to DHS at any
time prior to the completion of the Agreement period.
In case of default by the Contractor, OHS may immediately cancel this
Agreement without further liability to DHS or its employees, and procure the
services from other sources.
In addition, DHS may immediately cancel this Agreement without further
liability to DHS or its employees if the Contractor, an officer of the
Contractor, or an owner of a 25% or greater share of the Contractor is
convicted of a criminal offense incident to the application for or performance
of a State, public, or private contract or subcontract; or convicted of a
criminal offense including but not limited to any of the following:
• embezzlement, theft, forgery, bribery, falsification or destruction of records,
receiving stolen property, attempting to influence a public employee to
breach the ethical conduct standards for State of Michigan employees;
convicted under State or Federal antitrust statutes; or convicted of any other
-12-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
criminal offense which, in the sole discretion of OHS, reflects on the
Contractor's business integrity.
B. Closeout Responsibilities
1. Closeout
When this Agreement is concluded or terminated, the Contractor shall
provide DHS, within thirty (30) days of conclusion or termination, with all
financial, performance and other reports required as a condition of the
Agreement. OHS shall within the limit of this Agreement reimburse the
Contactor for allowable costs not previously reimbursed. The Contractor
shall immediately refund to DHS any payments or funds advanced to the
Contractor in excess of allowable reimbursable expenditures.
2. Fixed Assets
DHS reserves the right to obtain or transfer title to all fixed assets, real or
personal, included in the approved budget of this Agreement, billed in full or
in part to OHS by the Contractor, and not fully utilized at the conclusion of
the Agreement. Fixed asset costs billed to DHS shall be limited to straight-
line determination or a use charge pre-approved by OHS and shall be used
only for the performance of the Agreement unless another use is authorized
in writing by OHS.
At least 30 days prior to the end date of this Agreement (which includes
cancellation of the Agreement) the Contractor shall report to DHS the book
value of all fixed assets and non-consumables purchased with DHS funds
and request written instructions regarding the disposal of these fixed assets
and consumable and/or non-consumable supplies that have been acquired
with funds under this Agreement. Any gain on the sale or disposition of fixed
assets before completion of this Agreement must be immediately reported
and refunded to DNS.
No disposal, sale or transfer of fixed assets obtained under this contract in
whole or part, may occur without the express written consent of DHS.
3. Continuing Responsibilities
Termination, conclusion, or cancellation of this Agreement shall not be
construed as terminating the ongoing responsibilities of the Contractor or
rights of OHS contained in Section III, "Examination and Maintenance of
Records" and Section Ill, "Closeout" of this Agreement.
C. Compliance with Rules and Regulations
-13-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
1. Compliance with Federal and State Requirements
The Contractor shall comply with all Federal, State and local statutes,
regulations and administrative rules, and any amendments thereto, as they
may apply to the performance of this Agreement. This shall include, but
shall not be limited to, those laws and regulations that could have a material
effect on the Federal program.
In addition, the Contractor shall comply with all federal grant agreements,
provisions stated within the Catalog of Federal Financial Assistance, and
state and federal laws and other rules and regulations related to this funding
source.
The Contractor shall comply with the following Federal Office of
Management and Budget circulars:
• A-87 for cost principles, Relocated to 2 CFR, Part 225
• A-102 for administrative requirements, and
• A-133 for audit requirements
The Contractor shall keep informed of federal, state, and local laws,
ordinances, rules, regulations, orders, and decrees of bodies or tribunals
having any jurisdiction/authority that in any manner affects those engaged in
or employed on the work done under this Agreement or that in any manner
affects the conduct of the work done under this Agreement.
2. Civil Service Rules and Regulations
The State of Michigan is obligated to comply with Article XI, Section 5, of the
Michigan Constitution and applicable civil service rules and regulations.
Other provisions of this Agreement notwithstanding, the State personnel
director is authorized to disapprove contractual disbursements for personal
services if the State personnel director determines that the contract violates
Article XI, Section 5 of the Michigan Constitution or applicable civil service
rules and regulations.
3. Compliance with Civil Rights, Other Laws
The Contractor shall not discriminate against any employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of
employment, or a matter directly or indirectly related to employment,
because of race, color, religion, national origin, age, sex, height, weight or
marital status pursuant to 1976 Public Act 453, Section 209. The Contractor
shall also comply with the provisions of the Michigan Persons with
-14-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
Disabilities Civil Rights Act, 1976 Public Act 220, as amended (M.C.L.
37.1101 et. seq.) and Section 504 of the Federal Rehabilitation Act of 1973,
P.L. 93-112, 87 Stat. 355, which states that no employee or client or
otherwise qualified handicapped individual shall, solely by reason of this
handicap, be excluded from participation, be denied the benefits of, or be.
subjected to discrimination under any program or activity receiving Federal
financial assistance. Further, the Contractor shall comply with the
Americans with Disabilities Act of 1990 (ADA), P. L. 101-336, 104 Stat. 327,
which prohibits discrimination against individuals with disabilities and
provides enforcement standards. The Contractor shall comply with all other
Federal, State or local laws, regulations and standards, and any
amendments thereto, as they may apply to the performance of this
Agreement.
4. Freedom of Information Act
All information in this Agreement is subject to the provisions of the Freedom
of information Act. 1976 Public Act 442, as amended, MCL 15.231, et seq.
5. Prohibition against Using Funds to Support Religious Activities
The Contractor shall not use financial funds administered by the State or
Federal government to support inherently religious activities, such as
worship, religious instruction, or proselytization. If the Contractor engages in
such activities, it must offer them separately, in time or location, from the
programs or services funded with State or Federal assistance, and
participation must be voluntary for the beneficiaries of the State or Federally
funded programs or services.
The Contractor shall follow guidelines in 42 USC 604a.
D. Fees and Other Sources of Funding
The Contractor guarantees that any claims made to DHS under this Agreement
shall not be financed by any source other than DHS under the terms of this
Agreement. If funding is received through any other source, the Contractor
agrees to deduct from the amount billed to DHS the greater of either the fee
amounts, or the actual costs of the services provided.
The Contractor may not accept reimbursement from a client unless the
• Agreement specifically authorizes such reimbursement in the "Contractor
Responsibility" section. In such case, a detailed fee scale and criteria for charging
the fee must be included. If the Contractor accepts reimbursement from a client in
accordance with the terms of the Agreement, the Contractor shall deduct these
fees from billings to DHS.
-15-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
Other third party funding sources, e.g., insurance companies, may be billed for
contracted client services. Third party reimbursement shall be considered
payment in full unless the third party fund source requires a co-pay, in which case
DHS may be billed for the amount of the co-pay. No supplemental billing is
allowed.
E. Confidentiality
The use or disclosure of personally identifying information concerning services,
applicants or recipients obtained in connection with the performance of this
Agreement shall be restricted to purposes directly connected with the
administration of the programs implemented by this Agreement. Disclosure shall
be made only when required by federal and state laws, including HIPAA, rules
and regulations, court orders and subpoenas, or subpoenas issued by a grand
jury. Such disclosures must conform to all state and federal confidentiality
provisions.
F. Examination and Maintenance of Records
The Contractor shall permit DHS or any of its authorized agents access to the
facilities being utilized at any reasonable time to observe the operation of the
program. Further, the Contractor shall retain all books, records or other
documents relevant to this Agreement for six years after final payment, at the
Contractor's cost. Federal auditors and any persons duly authorized by DHS shall
have full access to and the right to examine and audit any of said material during
said period. If an audit is initiated prior to the expiration of the six-year period and
extends past that period, all documents shall be maintained until the audit is
completed. OHS shall provide findings and recommendations of audits to the
Contractor. DHS shall adjust future payments or final payment if the findings of an
audit indicate over payment to the Contractor in any period prior to the audit. If no
payments are due and owing the Contractor, the Contractor shall refund all
amounts which may be due DHS within 30 days notice by DHS. The Contractor
shall assure, as a condition of any sale or transfer of ownership of the Contractor
agency, that the new purchasers or owner maintains the above-described books,
records or other documents for any unexpired portion of the six-year period after
final payment under this Agreement or the Contractor shall otherwise maintain
said records as DHS may direct. If business operations cease, the Contractor
shall maintain records as DHS may direct. The Contractor shall notify DHS when
and if the Contractor operations cease during the six-year period after final
payments and provide for appropriate storage of records at the Contractor's
expense.
The Contractor shall, as a provision of the Agreement between the Contractor
and the auditor, assure that OHS may make reasonable inquiries of the auditor
-16-
CM-Fl 60 (Rev. 9-07) Previous edition obsolete. MS Word
relating to audit workpapers and, furthermore, that DHS may review the auditor's
workpapers in support of the audit.
G. Reporting and Monitoring
1. Reporting
The Contractor shall comply with all program and fiscal reporting
procedures as are or may hereinafter be established by DHS. The
Contractor shall also comply with all reporting procedures established by
OHS in completion of progress reports at time intervals, on forms, in
formats, and by means specified by OHS. In particular, reports or billing
documents denoting event dates shall record month, day and year as
specified by OHS. In all electronic filings, four digits shall be used to
designate century. Any additional reports as deemed necessary by DHS
shall be made and submitted by the Contractor upon request.
2. Monitoring Requirements
DHS reserves the right to perform unscheduled on-site visits during normal
business hours, to monitor the Contractor's activities under this Agreement
at any time, either during the term, or within one year after termination of the
Agreement. The Contractor shall cooperate with DI-IS during the monitoring
process by making available all records, facilities, and other resources
necessary to perform the review.
If DHS detects noncompliance with this Agreement, and/or questioned
costs during the course of its review, these items shall be identified and
conveyed to the Contractor in an exit conference. OHS shall provide the
Contractor with a detailed written report of these findings within thirty (30)
days of the exit conference. The Contractor is required to address each item
in OHS' report by providing a Corrective Action Plan (CAP) to eliminate or
correct each issue of noncompliance. The Contractor shall submit the
Corrective action plan to DI-IS within thirty (30) days from issuance of DHS'
report.
If DHS identifies questioned costs that cannot be substantiated, OHS may,
at its discretion, and after consultation with the Contractor, require the
Contractor to submit revised DHS-3469, "Statement of Expenditures" to
reflect adjustment for disallowed costs. Submission of revised billings to
OHS shall be made within a time schedule established by DHS and the
Contractor. if the Contractor fails to comply with monitoring requirements as
set forth in this Agreement, and within allotted time frames mutually
established, DHS may, at its discretion, invoke sanctions on the Contractor,
-17-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
which may include, but are not limited to, actions to collect disallowed costs
and/or cancellation of the Agreements.
The Contractor shall complete and sign an annual monitoring questionnaire
for this Agreement within 90 days of the begin date of the Agreement and
yearly thereafter. The Contractor can locate the questionnaire at
wvvw.michigan.gov/dhs by clicking on "Doing Business with DHS", then
"Contractor Resources", then "Forms and Publications." The Contractor
shall submit the questionnaire to the DHS office to which billings are
submitted. If the Contractor bills electronically, the contractor shall submit
the completed and signed questionnaire to the DHS office where this
Agreement was initiated. The Contractor shall assure that an individual with
program oversight responsibility within the Contractor organization signs
each questionnaire. DHS shall suspend its authorization and payment of
billings if the Contractor fails to submit the questionnaire in a timely manner.
Billing authorization and payment shall not be resumed until the Contractor
has complied with the requirement. Continued failure on the part of the
Contractor to submit the questionnaire may result in termination of this
Agreement.
3. Audit Reports that Contain a Going Concern Statement
If an audit firm conducts an audit of the Contractor and issues an audit
report with a finding of a Going Concern, the Contractor must submit this
audit report to the DHS Office of Internal Audit within 10 days from the date
of the audit report. The submission of this audit report to OHS is required
regardless of whether an audit is required under this Agreement.
A Contractor receiving a Going Concern must submit a financial plan to the
DHS Office of Internal Audit no later than 25 days from the date of the audit
report issued by the audit firm. The financial plan must be approved by
OHS. Failure of the Contractor to either timely submit the audit report with
the Going Concern, or timely submit a financial plan, or DHS' rejection of
the Contractor's financial plan, are grounds for immediately terminating the
contract.
Mailing address for all audit information:
Michigan Department of Human Services
Office of Internal Audit
•235 S. Grand Ave., Suite 1112
Lansing, MI 48909
Attention: William Addison, CPA
H. Recoupment of Funding and Repayment of Debts.
-18-
CM-F160 (Rev. 9:07) Previous edition obsolete. MS Word
1. - Recoupment of Funding
If the Contractor fails to comply with monitoring requirements as set forth in
this Agreement, or fails to submit a revised DHS-3469, "Statement of
Expenditures" within allotted time frames established by DHS in
consultation with the Contractor, OHS may, at its discretion, recoup or
require the Contractor to reimburse payments made under this Agreement
which OHS has determined that the Contractor has been overpaid. The
Contractor is liable for any cost incurred by DHS in the recoupment of any
funding.
Upon notification by DHS that repayment is required, the Contractor shall
make payment directly to DHS within 30 days or DHS may withhold current
or future payments made under this or any other agreements, current or
future, between DHS and the Contractor.
If the Contractor fails to: (1) correct noncompliance activities identified by
DHS, (2) submit revised billings as requested as part of a Corrective Action
Plan when required; or (3) remit overpayments or make arrangements to
have the overpayments deducted from future payments within 30 days,
such failure shall constitute grounds to terminate immediately any or all of
DIAS' agreements with the Contractor. DHS shall also report noncompliance
of the Contractor to Michigan's Department of Management and Budget.
Such report may result in the Contractor's debarment from further contracts
with the State of Michigan.
2. Repayment of Debts and Other Amounts due DHS
By entering into this Agreement, the Contractor agrees to honor all prior
repayment agreements established by OHS with the Contractor or
Contractor's predecessors. If the Contractor has an outstanding debt due to
DHS but does not have a repay agreement, the Contractor agrees to make
monthly payments to DHS at an amount not less than 5% of any
outstanding balance and to begin on the date this Agreement is executed.
If the Contractor fails to honor prior repayment agreements, or the
Contractor fails to begin repayment on an obligation due DI-{S that is not
subject to a repayment agreement, OHS will initiate the administrative
process to reduce payments to the Contractor under this Agreement to
recoup the debt. The payment reduction will be made at the amount
originally established in the repayment agreement or at an amount not less
than 5% of any outstanding balance effective on the date this Agreement is
executed.
-19-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
I. Publication - Approval and Copyright
The State of Michigan shall have copyright, property and publication rights in all
written or visual material or other work products developed in connection with this
Agreement. The Contractor shall not publish or distribute any printed or visual
material relating to the services provided under this Agreement without prior
written permission of the State of Michigan.
If the Contractor or an agent of the Contractor creates and/or reproduces under
this Agreement materials which are developed for consumption by the general
public or as a general information tool and which are funded in whole or in part
with State of Michigan funds, the Contractor or its agent must include one of the
statements referenced below, as they apply:
This program is funded by the State of Michigan or
This program is funded in part by the State of Michigan
News releases (including promotional literature and commercial advertisements)
pertaining to this Agreement shall not be made without prior written DHS
approval, and then only in accordance with the explicit written instructions from
DHS. No results of the activities associated with the Agreement are to be
released without prior written approval of DHS and then only to persons •
designated.
J. Property Title
Equipment acquired with Juvenile Justice Act formula and Victims of Crime Act
Assistance (Formula) Funds (OJJDP & OVC). Equipment acquired under an
award shall be used and managed to ensure that the equipment is used for
criminal justice purposes. Standards and procedures governing ownership, use,
management, and disposition are asfollows:
1. Title
Title to equipment acquired under an award or subaward will vest upon
acquisition in the recipient or subrecipient subject to the obligations and
conditions set forth in 28 CFR Part 66.
2. Use
a. A State shall use equipment acquired under an award by the State in
accordance with State laws and procedures. The awarding agency
encourages the States to follow the procedures set forth in this Guide.
-20-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
b. Other .government recipients and subrecipients shall use equipment in
accordance with the following requirements:
1) Equipment must be used by the recipient or subrecipient in the
program or project for which it was acquired as long as needed,
whether or not the project or program continues to be supported
by Federal funds. When no longer needed for the original
program or project, the equipment may be used in other
activities currently or previously supported by a Federal agency.
The recipient or subrecipient shall also make equipment
available for use on other projects or programs currently or
previously supported by the Federal government, providing such
use does not interfere with the work on the projects or programs
for which it was originally acquired. First preference for other use
shall be given to other programs or projects supported by the
awarding agency. User fees should be considered and treated
as program income to the project, if appropriate.
Notwithstanding program income, the recipient or subrecipient
shall not use equipment acquired with funds to provide services
for a fee to complete unfairly with private companies that provide
equivalent services, unless specifically permitted or
contemplated by Federal statute.
4. When acquiring replacement equipment, recipients or
subrecipients may use the equipment to be replaced as a trade-
in or sell the equipment and use the proceeds to offset the cost
of the replacement equipment subject to the written approval of
the awarding agency.
K. Subcontracts
The Contractor shall not assign this Agreement or subcontract this Agreement to
other parties without obtaining prior written approval of the DHS Office of
Contracts and Rate Setting. OHS, as a condition of granting such approval, shall
require that such assignees or subcontractors shall be subject to all conditions
and provisions of this Agreement including Criminal Record and Central Registry
background checks when applicable. The Contractor shall be responsible for the
performance of all assignees or subcontractors.
If subcontracting, the Contractor must obligate the subcontractors to maintain the
confidentiality of OHS' client information in conformance with State and Federal
requirements. At DHS request, any employee of the Contractor and of any
subcontractor having access or continued access to DHS' confidential information
-21-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
may be required to execute an acknowledgment that the employee has been
advised of the Contractor's and the subcontractor's obligations under this section
and of the employee's obligation to DHS, the Contractor or subcontractor, as the
case may be, to protect such confidential information from unauthorized use of
disclosure.
L. Disputes
The Contractor shall notify DHS in writing of intent to pursue a claim against DHS
for breach of any terms of this Agreement. No suit may be commenced by the
Contractor for breach of this Agreement prior to the expiration of ninety (90) days
from the date of such notification. Within this ninety (90) day period, the
Contractor, at the request of OHS, must meet with the Director of OHS or
designee for the purpose of attempting resolution of the dispute.
M. Agreement Inclusiveness/Amendment
This Agreement contains all the terms and conditions agreed upon by the parties.
No other understanding, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto. The
Contractor shall, upon request of OHS and receipt of a proposed amendment,
amend this Agreement, if and when required in the opinion of DHS, due to the
revision of Federal or State laws or regulations. If the Contractor refuses to sign
such amendment within fifteen (15) days after receipt, this Agreement shall
terminate upon such refusal. This Agreement may otherwise be amended only by
the written consent of all the parties hereto.
N. Reporting of Retiree Employment
All other contract provisions notwithstanding, no reimbursement may be claimed
under this agreement for salary or subcontracting expense for any employee who
retired from the State of Michigan using the early retirement program authorized
by 2002 Public Act 93.
The Contractor shall provide written notification within fifteen (15) days of hiring to
DHS Office of Contracts and Rate Setting (OCRS) the name, social security
'number, and work site of any employee who retired from the State of Michigan
using the early retirement program authorized by 2002 Public Act 93. Failure to
notify the OCRS within the allotted time period may result in the disallowance of
all costs related to this Agreement up to the time the proper notification is
received by OCRS.
0. Certifications Re:larding Lobbying
-22-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
As required by section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the Contractor certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any persons influencing or attempting to
influence an officer or employee of an department, a member of Congress,
an officer or employee of Congress, or an employee of a member of
Congress in connection with the making of any Federal grant, the entering
into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative
agreement.
2. If any funds other than 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 department, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with this Federal grant or cooperative agreement, the
undersigned shall 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 sub-awards at all tiers (including
sub-grants, contracts under grants and cooperative agreements, and
subcontracts) and that all sub-recipients shall certify and disclose
accordingly.
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters
The Contractor certifies that they and their principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal
court, or voluntarily excluded from covered transactions by any Federal or
State department or agency.
2. Have not within a three-year period preceding this agreement been
convicted of or had 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.
-23-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in 28 CFR 67, et sec.
4. Have not within a three-year_ period preceding this Agreement had one or
more public transactions (Federal, State or local) terminated for cause and
default.
Where the parties are unable to certify to any of the statements in this
certification, the Contractor shall attach an explanation to this Agreement.
The Contractor shall promptly notify DHS of any criminal litigation, investigations
or proceeding which may have arisen or may arise involving the Contractor or any
of the Contractor's subcontractors, or any of the foregoing entities then current
officers or directors during the term of this Agreement and three years thereafter.
All notices shall be provided in writing to DHS within fifteen business days after
the Contractor learns about any such criminal or civil investigations and within
fifteen days after the commencement of any proceeding, litigation, or arbitration,
as otherwise applicable. Details of settlements, which are prevented from
disclosure by the terms of the settlement, shall be annotated as such. However,
the Contractor shall disclose if any terms of such settlement would impede the
Contractor's performance of this Agreement. The Contractor may rely on similar
good faith certifications of its subcontractors, which certification shall be available
for inspection at the option of DHS.
The Contractor certifies to the best of its knowledge that within the past three (3)
years, the Contractor has not;
1. Failed to substantially perform a state contract or subcontract according to
its terms, conditions, and specifications within specified time limits.
2. Refused to provide information or documents required by a contract
including, but not limited to information or documents necessary for
monitoring contract performance.
3. Failed to respond to requests for information regarding contract compliance,
or accumulated repeated substantiated complaints regarding performance
of a contract.
4. Failed to perform a state contract or subcontract in a manner consistent with
any applicable state or federal law, rule, regulation, order, or decree.
-24-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
The Contractor shall include Section 0. (Certification Regarding Debarment,
Suspension, and Other Responsibility Matters) language as written above in all
subcontracts with other parties.
The Contractor shall require each primary subcontractor, whose subcontract will
exceed $25,000, to disclose to the Contractor, in writing, whether at of the time of
the award of the subcontract, the subcontractor, or its principals, is or is not
debarred, suspended, or proposed for debarment by the State of Michigan. The
Contractor shall then inform DHS of the subcontractor's status and reasons for
the Contractor's decision to use such subcontractor, if the Contractor so decides.
If it is determined that the Contractor knowingly rendered an erroneous
certification under this provision, in addition to the other remedies available to the
state, DHS may immediately terminate this Agreement.
If the state finds that grounds to debar exist, it shall send notice to the Contractor
of proposed debarment indicating the grounds for proposed debarment and the
procedures for requesting a hearing. if the Contractor does not respond with a
written request for a hearing within twenty (20) calendar days, the state shall
issue the decision to debar without a hearing. The debarment period may be of
any length up to eight (8) years. After the debarment period expires, the
Contractor may reapply for inclusion on bidder lists through the regular application
process by authority of Executive Order 2003-1.
-25-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
i
IN WITNESS WHEREOF, the DHS and the Grantee have caused this Agreement to be
executed by their respective officers duly authorized to do so.
The Undersigned has the lawful authority to bind the Grantee to the terms set forth in this
Agreement.
• OAKLAND COUNTY 119.7-f
Dated at , Michigan - - - CHAIRPERSON
(Grantee)
-
this day of , By:
Witness:
Dated at , Michigan DEPARTMENT OF HUMAN SERVICES
this day of , By:
Director
Witness:
Grant #: JDMHC-08-63001
-26-
CM-F160 (Rev. 9-07) Previous edition obsolete. MS Word
MICHIGAN DEPARTMENT OF HUMAN SERVICES
BUREAU OF JUVENILE JUSTICE-JUSTICE GRANT UNIT
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT
(APPLICATION)
i 1. Applicant Agency 3, Federal 1.D. Number
OAKLAND COUNTY CIRCUIT COURT - FAMILY DIViSION 38-6004876
- Address 5. Application Status 5A. [ ] First [ ] Other
' 1200 NORTH TELEGRAPH ROAD [ ] New [ ] Second
_ [XX] Continuation [ XX] Third
City Zip 5B. Previous JJGU Project # OCRS Number
PONTIAC 48341
2. Implementing Agency 6. Start Date End Date
OAKLAND COUNTY CIRCUIT COURT - FAMILY DIVISION JANUARY 1, 20078 DECEMBER 31, 2008
i
4. Project Title (Maximum of 2 lines130 characters each) 7. Program Area •
FAMILY-FOCUSED JUVENILE DRUG COURT PROGRAM SUBSTANCE ABUSE/MENTAL HEALTH
8. Civil Rights Contact Person in Applicant Agency Telephone
NANCY SCARLETT 248-858-053715211
Address
1200 N. TELEGRAPH RD., PONTIAC, MICHIGAN 48341
•
9. Certification: We certify that the program proposed in this application meets applicable requirements of the Juvenile Justice And
Delinquency Prevention Act of 1992, that all information presented is correct, and that the applicant agency will comply with the provisions of
the Act and all other applicable federal laws.
_ _
Project Director (Name and Title) ' Signature Date
Pamela L. Davis
Manager - Court Services
Address City Zip Telephone , 1200 N. TELEGRAPH ROAD PONTIAC 48341 248-858-0247
Fax E-mail
248-858-1126 i davisplgoakgov.com
_ - •
Financial Director (Name and Title) Signature Date
John Cooperrider,
Business Division Administrator
Address City Zip Telephone
1200 N. TELEGRAPH ROAD PONTIAC 48341 248-858-0247
I Fax 1 E-mail
• (248) 858-1999 Cooperriderj@oakgov.com
_
Authorized Official (Name and Title) ' Signature Date
Bill Bullard Jr., Chair, Oakland County Bd. Of
Commissioners
Address City Zip Address
1200 N. Telegraph Rd. Pontiac, MI 48341 1200 N. Telegraph Rd.
Fax E-mail
. (248) 858-1572 Bullardb@oakgov.corn I
"'The Authorized Official must be duly authorized to sign contracts on behalf of the applicant agency.
By authority of the Federal Juvenile Justice and
Delinquency Prevention Act of 1992, submission of
this application isrequired to participate in this
program. JJGU/201
10. Jurisdiction
10a. County(ies) in which the project will operate
Oakland
10b. Senate District(s) 10c. Representative District(s)
13, 14, 15, 16, 28 15, 34, 46
10d. U.S. Congressional District(s) 10e. Population to be served
8,9,11,12 1.5 Million
-
11. Service Impact
If awarded, these funds will [ ] Create a new service or activity
[ ] Enhance or expand an on-going service or activity
12. Budget Summary
LINE ITEM FEDERAL AMOUNT LOCAL SHARE TOTAL AMOUNT
Personnel 0 0
Consultant/Contractual $102,800 $125,000 $227,800
Travel $ 9,766 $** $ 9,766
_ Supplies/Operating $ 12,434 $** $ 12,434
Equipment 0 $** 0
TOTAL $250,000 $ $250,000*
Authorized Official* Date
, • •
The Authorized Official must be duly authorized to sign contracts on behalf of the applicant agency.
BUDGET DETAIL
(USE WHOLE DOLLARS ONLY)
PERSONNEL
I A.Salaries & Wages
Hourly or Daily Hours or Days
Name and Position Title Salary Rate Devoted Amount
,
Salaries & Wages Subtotal _ $
B. Fringe Benefits*
Description and Calculation $
FICA $
Unemployment $ .
Workers Comp $
Fringe Benefits Subtotal $
Total Personnel $
CONSULTATION/CONTRACTUAL SERVICES
Hourly or Daily Hours or Days
Name/Affiliation Rate Devoted Amount
Mental Health Treatment* 15 fam. @ $1751wk 52 weeks $136,500 Theraov: individual. and family /home based)
Respite Care* for 15 families $400/weekend 46 weekends $ 18,000 _
Child Care* _ $3,500 per family 10 families $ 35,000
Wrap around services:* Details found on 15 fam. @ $2,553 $ 38,300 Camp, team memberships, classes, etc. pages 7 & 12 per year
_ _
Total Consultant/Contractual Services $227,800*
I
BUDGET DETAIL
(USE WHOLE DOLLARS ONLY)
Travel
Travel costs are allowed for project personnel only. List lodging and meals separately. Use rates set by the
applicant agency for project personnel.
Description Description Description Description Total
Training: National Drug Court Conference $1,600 (est. $1,440.00 $ 2000.00 (reg. $ 5,040.00
F 4 plane fare for (lodging for 4 for 4 staff x or staff 4 staff x $400 staff x 120 per $500 per staff)
per staff) _ night x 3 nights)
Training: MADCP Conference $ 315.25 $ 1100 (2 nights $ 100 (Dinner $ 1515.00
F 5 Staff (Mileage to for 5 staff for 5 staff at or Lansing for 5 @$110 per $20.00/ meal)
staff x 130 night)
miles round
trip per staff =
650 miles x
$.485 per mile
= $315.25) _
Other Trainings as Required/ $ 1261 (.485 $ 800 ($100 per $ 150 (meals $ 3211.00
Recommended (e.g. those offered by FIA estimate: 4 - night; estimate & gratuity for 4
Children's Bureau & Bureau of Juvenile trainings in 2 nights for 4 staff)
Justice, Michigan Dept. of Community Lansing; 4 staff.)
Health, Michigan Council on Crime & staff per
Delinquency, the State Court Admin Office, training; 130 $ 1000.00 (reg.
& Mich Assoc of CMH Boards; includes miles per trip fees for 4 staff
local trainings) - $1,000 for registration fees. per staff) @ $2501 staff) _
• Total Travel $ 9,766.00
Supplies/Operating Expenses
_
_Item Explanation Unit Price Amount
t
Training supplies Training Materials NIA 11000
Copying N/A N/A $1000 _
Incentives Athletic & Recreational 15 youth $5434
Equipment (musical instruments, @$362.26* (*Ave. amount spent on sanctions/ art supplies, etc), Drivers' each youth per incentives per youth/ per year) Training, etc. year ,
Art Through Photography Program Art Framing Supplies, disposable 10 youth @ $2,000.
Supplies cameras, printing supplies, etc. $10/per youth
Promotional Supplies: Brochures, pamphlets, N/A $3,000
Promotional Videos, etc.
Total Operating Expenses $12,434
Equipment
Monthly Lease
Quantity Purchase Price If Applicable Amount Item _
$ $ $
_$ $ $
Total Equipment $
Federal Share $125,000.00
Local Share $125,000.00*
. TOTAL PROJECT COST $250,000.00
Authorized Official Date
*Please refer to Budget Narrative located on pages 6 & 7.
**We will continue to use local Juvenile Drug Court staff, county facilities and equipment paid for through the
SCAO grant and Child Care Fund dollars, as well as through in-kind matches provided by Oakland County to
implement this project.
%
6,217
$ 62,500 $ 62,500
FISCAL NOTE (MISC. #08162) August 21, 2008
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: CIRCUIT COURT/FAMILY DIVISION 2008 JUVENILE DRUG COURT - JUVENILE JUSTICE AND
DELINQUENCY PREVENTION ACT - 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. The Circuit Court Family Division has received a grant from the Michigan
Family Independence Agency Bureau of Juvenile Justice (BJJ) - Juvenile
Justice Grant Unit (JJGU) in the amount of $125,000, providing funding for a
grant period of March 1, 2008 through February 8, 2009.
2. The total program cost is $250,000 representing State grant funding of
$125,000, funding from the Child Care State funds in the amount of $62,500
and Child Care County match funds of $62,500.
3. The program funds contractual substance abuse and mental health treatMent and
consultation services, training, training supplies, incentives, and
promotional supplies, travel and transportation in support of this grant.
4. The County is expected to incur administrative and support costs of $1,280
over the grant funding period, which this grant does not allow for recovery
of these costs.
5. The FY 2008 Special Revenue Budget for Bureau of Juvenile Justice and
Delinquency reflects total BJJ grant funding of $152,794, of which $125,000
is from the March 1, 2008 to February 8, 2009 BJJ grant award and the carried
over amount of $27,794 from the previous award.
6. FY 2009 and FY 2010 estimated grant budgets are reduced by 50% from $125,000
to $62,500 to reflect a decline in future year funding.
7. The following budget amendments are recommended to adjust the FY 2008, FY
2009 and FY 2010 Special Revenue Budgets to the current FY 2009 BJJ Grant
Award less any future funding estimations:
SPECIAL REVENUE FUND (#27195)
Revenue
3010402-121200-615571 Grants-State
Total Revenue
Expenditures
3010402-121200-702010
3010402-121200-722750
3010402-121200-722760
3010402-121200-722790
3010402-121200-722820
3010402-121200-730373
3010402-121200-731458
3010402-121200-732018
3010402-121200-732165
3010402-121200-750154
3010402-121200-750245
3010402-121200-750280
3010402-121200-776661
Salaries Regular
Workers Compensation
Group Life
Social Security
Unemployment Insurance
Contracted Services
Professional Services
Travel and Conference
Workshops and Meetings
Expendable Equipment
Incentives
Laboratory Supplies
Motor Pool
FY2008
($97,206) $ 62,500 $ 62,500
($97,206) $ 62,500 $ 62,500
($15,198)
(690)
(40) -
(1,163) -
(30) -
(63,533) 51,400 51,400
25,213 -
(234) 4,883 4,883
384
(44,810)
658
7,434 6,217
(5,197)
($97,206) Total Expenditures
FY2009 FY2010
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Zack and Potter absent.
Resolution #08162 August 21, 2008
Moved by Long supported by Burns the resolutions (with fiscal notes attached) on the Consent Agenda,
be adopted (with accompanying reports being accepted).
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott,
Spector, Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROg THE figEGOING RESOLUTION
, • 6."
•
STATE OF MICHIGAN) \-----"-FV72--.? /a I
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 August
21, 2008, 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 21st day of August, 2008.
t
Ruth Johnson, County Clerk