HomeMy WebLinkAboutResolutions - 2009.05.07 - 9880May 7, 2009
REPORT MR #09105
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
RE: PROSECUTING ATTORNEY, CIRCUIT COURT — FAMILY DIVISION,
CHILDREN'S VILLAGE PY 2009 JUVENILE ACCOUNTABILITY BLOCK
GRANT (JABG) ACCEPTANCE
TO: Oakland County Board of Commissioners
Chairperson. Ladies and Gentlemen:
The Human Resources Committee having reviewed the above mentioned resolution on
April 29, 2009 Reports with the recommendation the resolution be adopted.
Chairperson. on behalf of the Human Resources Committee, I move the acceptance of
the foregoing Report.
HUMAN RESOURCES COMMITTEE
Human Resources Committee Vote:
Motion carried unanimously on a roll call vote with Capello. Coleman, Hatchett and
Jackson absent
May 7. 2009
MISCELLANEOUS RESOLUTION i #0'9105
BY: Public Services Committee. Jeff Potter. Chairperson
IN RE: PROSECUTING ATTORNEY, CIRCUIT COURT - FAMILY DIVISION, AND CHILDRENS VILLAGE —
PROGRAM YEAR 2009 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Department of Human Services has awarded grant funding to tie Prosecuting Attorney.
Circuit Court - Family Division. and Children's Village under the Juvenile Accountability BlocK Grant (JABG) for
the program year of Aprii 1.2009 througn March 31, 2010; and
WHEREAS this is tne eleventn (11th) year of grant acceptance for this program: and
WHEREAS the Department of Human Services approved the grant application as submitted, and awarded
Oakland County a grant totaling $113,889 of which $102,50C is from the State as a Federal pass-through. and
the balance of $11 389 is the County's match amount: and
WHEREAS the required 10% County match is included in the Fiscal Year 2009/Fiscal Year 2010 Adopted
Budget: and
WHEREAS the grant award provides funding for the following. Circuit Court Peer GI +Rips to address tile
problem of high recidivism. a Teen Court to provice a justice model within a peer setting, and Chilaren's
Village Juvenile Facrlity Enhancement (see fiscal attachments A. B1 and B2); ana
WHEREAS the grant award continues funding for one (1) Probation Officer I position (4010201-09330) but
discontinues one (1) 289 hour/year part-time non-eligible (PTNE) Assistant Prosecutor II position (4010201-
10418) in the Prosecutor's Office: and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant
funding from the Department of Human Services in the amount of $113,889, including County matching funds
of $11.389 for the period of April 1, 2009 through March 31, 2010
BE IT FURTHER RESOLVED that a 289 hour/year PTNE Assistant Prosecutor II position (4010201-10418) in
the Prosecutor's Office be deleted,
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment. and continuation of the special revenue positions is contingent upon future levels of grant
funding.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute
the grant agreement and to approve any grant extensions or changes within fifteen percent (15%) of the
original award, which [s consistent with the original agreement as approved.
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 with Potter absent
GRANT REVIEW SIGN OFF — Multi-Departmental: Prosecuting
Attorney, Circuit Court — Family Division, Children's Village
GRANT NAME: PY 2009 Juvenile Accountability Block Grant (JABO)
FUNDING AGENCY: Michigan Department of Human Services
DEPARTMENT CONTACT PERSON: Gaia Piir, Fiscal Services, 248 858-1037
STATUS: Grant Agreement
DATE: April IS, 2009
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 grantagreement/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 (4/8/2009)
Department of Human Resources:
Approved. — Cathy Shelia! (4/8 12009)
Risk Management and Safety:
Approved. - Andrea Plotkowski (4/15/2009)
Corporation Counsel:
After reviewing this grant application, there appear to be no unresolved legal issues that require
additional action at this time. Please note that there are new criminal background check
requirements for employees, contractors and volunteers, in certain circumstances. These are
listed in Part 1 (Grantee Responsibilities), Section 0. — Karen Agacinslci (4/13/2009)
COMPLIANCE
The grant agreement contains the following requirements which will impact Oakland County:
• Grant records need to be retiirmtl for six years after final payment
• ALL printing and publishing need prior written permission from the State of Michigan
• Any subcontracts with Oakland County must include the language in Section 0 of the agreement.
Additionally, 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, A-102, and A-133
Wp.//wva.whitehouse.govfornbicircularsiindex.html
Contractor Name: Contract #:
Oakland County JAIBG09-63001
Total Contract Amount:
$ 102,500.00
CS-138 #: Commodity Code: Mail Code:
NJ 94662 E00
Contract Administrator. Phone #:
Diana Peck (517) 335 3539
SS# or Fed. 1.D. # Award Status:
38-6004876 r Bid P Sole Source r Fair Market Rate
Begin day and month of Contractor's fiscal year:
1 day of October month of year
Audit Status: r Vendor r No Federal Funds Faith Based:
P Sub-recipient If checked, record CFDA. number(s) below r Yes P No
16.523
County(ies):
Oakland
Org. Type:
r Private. Nun-Profit p Private, Proprietary p- Public or Local t- University
Government
Payment Type:
P Actual Cost r Unit Rate r Fair Market Rate _
Contractor is a state employee: Contractor is a retired state employee:
r yes 17 No r Yes P No —
Index Code: 1PCA and percentages: AOC:
__
65250 47753 100.00% 6320
Contract # JAIBC709-63001 Date: 04)07/20D9
Contract/Grant No: JA1B009-63001
Contract/Grant Amount: $ 102,500.00
Method of Payment: Monthly Reimbursement
AGREEMENT
between
Michigan Department of Human Services Oakland County (hereinafter referred to as
(hereinafter referred to as "DHS") & the "Grantee" or "Contractor")
235 South Grand Ave 2100 Pontiac Lake Rd
P.O. Box 30037 Fiscal Services Division, Bldg #41W
Lansing MI 48909 Waterford, MI 48328 0403
This Agreement is effective from April 1, 2009, through March 31, 2010.
I GRANTEE RESPONSIBILITIES
A. Geographic Area
The Grantee shall provide services described herein in the following geographic
area:
Oakland County
B. Location of Facilities
The Contractor shall provide service described herein at the following locations(s):
45B Oak Park District Court 13600 Oak Park Blvd, Oak Park, MI 48237
52/1 Novi District Court 48150 Grand River Ave, Novi, MI 48374
51st Waterford District Court 5100 Civic Center Dr, Waterford, MI 48329
48th Bloomfield Hills District Court 4280 Telegraph Rd Bloomfield Hills, MI 48302
52/3 Rochester District Court 700 Barclay Circle Rochester Hills MI 48307
52/2 Clarkston District Court 5850 Lorac Dr., Suite 1 Clarkston MI 48347
Anderson Middle School 3205 Catalpa Berkley ; MI 48072
Clarkston High School 6093 Flemmings Lake Road Clarkston, MI 48346
Lakeland High School 1630 Bogie Lake Rd, White Lake MI 48383
Lake Orson High School 495 E. Scripps Road Lake Orion MI 48360
Norup Middle School 14450 Manhattan Oak Park, MI 48237
Novi H.S. 24062 Taft Rd Novi MI 48375
Novi Middle School 49000 11 Mile Road Novi Mr 48374
Rochester High School 180 S. Livernois Rd Rochester Hills, MI 48307
South Lyon High School 1000 N. Lafayette South Lyon, Michigan 48178
Waterford Kettering 2800 Kettering Drive Waterford MI 48329
Waterford Mott 1151 Scott Lake Road, Waterford MI 48328
West Bloomfield High School 4925 Orchard Lake Road West Bloomfield MI
Oakland Covrily Juvenk Acoounlability 8Iock Grant. 2009 Page 1 of 28 Version lit 1 0
Contract 4 JAIBG09-63001 Date: 0407/2009
48323
Oakland Family Services 114 Orchard Lake Road Pontiac, MI 48341
Oakland Family Services 2351 W. Twelve Mile Road Berkley, MI 48072
Oakland Family Services 2045 E. West Maple Road D-407 Walled Lake MI
48390-3801
Children's Village 1200 N Telegraph, Pontiac, MI 48341
C. Client Eligibility Criteria
1. Client Eligibility
Oakland County youth ages 9- 17 who are in the juvenile justice system as a
result of a court order, petition into the court for delinquent behavior, or
referral by a Youth Assistance caseworker or law enforcement.
2. Determination of Eligibility
The Grantee shall determine client eligibility.
D. Credentials
The Grantee shall assure that appropriately credentialed or trained staff shall
perform functions under this Agreement.
E. Substance Abuse Testing Policy
The Grantee shall maintain and enforce the substance abuse testing policy as
submitted by the Grantee in application for this Grant and as approved by DHS.
F. Local Juvenile Crime Enforcement Coalition
The Grantee shall establish and convene an advisory board a minimum of twice
yearly to recommend a coordinated enforcement plan outling how the Juvenile
Advisory Board Group funds will be used. The coalition shall include
representation from, if appropriate (1) The state or local police department; (2) the
local sheriff's department; (3) the state or local prosecutor's office; (4) the state or
local juvenile court; (5) the state or local probation office; (6) the state or local
educational agency; (7) the state or local social services agency; (8) a nonprofit,
nongovernmental victim advocacy organization; and (9) a nonprofit, religious or
community group.
G. Service Documentation
The Grantee agrees to maintain program service records required by DHS,
program statistical records required by DI-IS, and to produce program narrative
and statistical data at times prescribed by, and on forms furnished by, DHS.
H. Services to be Delivered
Service # 1 of 3 Probation Officer
The Grantee shall:
a. Provide a Probation Officer position whose duties include but are not
limited to the following:
Oakland County. Juvenile Accounlakslity Nook Grant - 2009 Page: 2 of 2 Version 1 0
Contract If JAIEIGD9-63001 Date: 04/0712009
1. Provide student jury volunteer training sessions two (2) times per year for
one year in a classroom setting for youth ages 9-18. Student jury volunteer
sessions will include:
A. Introduction to the Teen Court Program
i. How a Diversion Program Works
ii, Background of the Teen Court Program
iii. Goals
iv.Types of Cases Eligible for the Teen Court Program
v.Student volunteer Application
B. Introduction to Courtroom Etiquette
i. Judges
Dress Code
C. Introduction to Roles
i. Bailiff/Clerk
ii. Juror
iii. Juror Foreperson
iv. Prosecuting Attorney Roles and Guidelines
v. Defense Attorney Roles and Guidelines
D. Sentencing Information
i. Guidelines and Options
ii, Creative Sentences
iii. Confidentiality
2. Continue regularly held Teen Court sessions six (6) times per month for
one year at the various district court locations for a two (2) hour teen court
session for youth ages 9-16 who have been referred for delinquency. Teen
court sessions will include:
A. Judge opening remarks
B. Voir dire
C. Oath of Confidentially
D. Cross examination
E. Closing arguments
F. Sentencing recommendations
G. Oral apologies to parents in open court
H. Defendant testimony
I. Jury can ask question's of the defendant
I.Akland County. Juven le Accountability B6oa Gram • 2009 Page. 3 of 28 Version # 1 0
ContraG1# JAIBGD9-63001 Date: 04107/2009
3. Promote awareness of the program to aid referrals of defendants by
collaborating with local law enforcement, school liaison officers, local sheriff
departments, mass mailing, and presentations to professional organizations.
4. Promote awareness of the program to aid referrals of student teen court
volunteers by communicating with local schools including administrators,
teachers, parents, law day presentations, private attorneys, mass mailings,
program information on Oakland County website, and presentations to
professional organizations.
5. Continue ongoing program evaluation by requesting an evaluation from all
juvenile defendants and parents who utilized this program after each Teen
Court Session. This evaluation will be used to note participants feelings on
the program and to report the impact that the program had on the participants
sense of responsibility and decision making skills. Additionally, the evaluation
will cover the juvenile's positive changes in behavior and awareness in
realizing the negative consequences that their past behavior had on their
community, parents and family.
Service #2 of 3 FEMALE SUBSTANCE ABUSE RESILIENCY PROGRAM
The Grantee shall:
a. Conduct three (3) 10 week group Substance Abuse Resiliency Program
sessions for youth ages 9-16 consisting of 1-1/2 hour sessions 1 time per
week. These sessions will include but are not limited to:
1. Increasing communication skills
2. Elevating self-esteem and increasing self-image
3. Obtaining and maintaining positive relationships
Service #3 of 3 MALE SUBSTANCE ABUSE RESILIENCY PROGRAM
The Grantee shall:
a. Conduct three (3) 10 week group Substance Abuse Resiliency Program
sessions for youth 9-16 consisting of 1-112 hour sessions 1 time per week.
These sessions will include but are not limited to:
1. Mood and anger management
2. Establishing positive relationships
3. Effective communication, self-esteem
Oekktna County, Juyentle A0DconiatAty Block Grant - 2009 Page: 4 of 28 Version i2
Contract # JAIBG09-63001 Date: 04/07/2009
2. Volume of Service
Clients — The estimated number of unduplicated eligible clients to be served
during the period of this Agreement shall be:
Program/Service Clients
Probation Officer 105
Female Substance Abuse Resiliency Program 30
Male Substance Abuse Resiliency Program 30
3. Unit Definition(s): ,--
Prog ram/Service Unit Definition
Probation Officer One unit = One (1) hour of probation
officer time spent with One (1) youth
One (1) time per delinquency referral
for one year
Female Substance Abuse Resiliency One unit = One (1) - 1 1/2 hour female
Program substance abuse resiliency program
session per week for 10 weeks with a
minimum of 10 females completing
the program
Male Substance Abuse Resiliency One unit = One (1) - 11/2 hour male
Program substance abuse resiliency program
session per week for 10 weeks with a
minimum of 10 males completing the
program
4. Units:
The estimated number of units of services to be provided per term of
Agreement shall be; _
P rogram/Service Estimated #
of Units for
Apr. 1, 2009
— Mar. 31,
2010
Probation Officer 840
Female Substance Abuse Resiliency Program 3
Male Substance Abuse Resiliency Program 3
I. Evaluation Reporting Requirements
The Grantee shall submit to DHS monthly reports that indicate the status and
effectiveness of activities performed under this Agreement as indicated:
1. The Grantee shall comply with all program and fiscal review reporting
procedures established by DHS.
2. The Grantee shall submit to DHS all JABG Expenditure, Performance
Ciekiacia County. Juvenile AccoLniatiflity alock Grant - 2009 Page: 5 of a Version # 1 0
Contract * JAJI3009-53001 Date: 041DV2G09
Measurement and Program Reports that indicate the status and effectiveness
of activities performed under this Agreement as indicated:
a, Performance Measurement Reports must be submitted on a monthly
basis prior to submitting the monthly financial report.
b. Submit the Monthly Financial Reports on a monthly basis by the 15th of
the month: Personnel, Fringes. Construction, Consultant/ Contractual,
Travel, Supplies/Operating and Equipment.-
c. Submit the Biannual Progress Reports on a biannual basis: Program
Objectives and Narrative and Purpose Area Expenditures to date.
d. Submit a year-end Final Expenditure and Program Report to contain the
following information within 60 days after termination of this Grant Award:
Program Objections and Narrative and Purpose area expenditures to
date.
e. These reports shall be submitted via MI-Egrants at https://egrams -
mi.com/dhs
J. Audit Requirements
Subrecipient Relationship
This Agreement constitutes a subrecipient relationship with DI-IS. The
Grantee is required to comply with all federal regulations that relate to the
accounting and auditing of the federal award used to fund this grant. This
includes, but is not limited to, compliance with OMB Circular A-133.
Regulations applicable to funding sources are included in the Federal Catalog
of Domestic Assistance (CFDA). The CFDA number and federal financial
participati
However, OHS 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 DI-IS web site, The Grantee is required to
check the web site to obtain up to date information regarding the CFDA
numbers.
The Grantee may consult the following website address to obtain CFDA
numbers, payments, and other audit information:
http://www.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.
Federal Program CFDA# FFP% Title
Juvenile
Accountability 16.523 90%
Block Grant ,
Oakland County. Juvenile Accountadesty Black Gran: - 2009 Pagt' b of 26 Version I 0
Contfact #JAIBG09-039:11 Date. 0410712409
Reporting Requirements
The Grantee must immediately report to the DHS Office of Monitoring and
Internal Control accounting irregularities including noncompliance with grant
provisions.
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 DI-IS Office of Monitoring and Internal Control at the
address that follows and in accordance with the time frame established in the
Circular.
Reporting Package includes:
1. Financial statements and schedule of expenditures of Federal awards
2. Summary schedule of prior audit findings
3. Auditors report(s)
4. Corrective action plan, if applicable
Audit Transmittal Letter
The Grantee is responsible to identify in the Audit Transmittal Letter all
organizations it operates that administer DHS sub-recipient programs and the
different names the Grantee may use to contract with DHS. The Grantee 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:
1. Grantee's name as reported in the DHS Agreement(s)
2. Grantee's Federal Identification number(s) as reported on the DHS
contract(s).
3. Grantee's fiscal year end.
4. 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 Grantee must
still submit an Audit Transmittal Letter stating why a Single Audit was not
required and the Grantee's fiscal year to which the letter pertains. The Audit
Transmittal Letter should include items described above. The letter may be
mailed to the address below or faxed to (517) 373-8771.
Mailing address for all information:
Michigan Department of Human Services
Office of Monitoring and Internal Control
Grand Tower Suite 1112
PO Box 30037
Lansing, MI 48909
Oakland County. Juvonile Aomtunttio+tity Block Gram .2009 Page: 7 of 28 Ver64011 #
Contract # JAII3G09-63001 Date: 0410717909
Attention: William Addison, CPA
If the Grantee is a sub-recipient of OHS, but asserts it is not required to have
a Single Audit performed, the Grantee shall submit an audit transmittal letter
to the OHS Office of Monitoring and Internal Control 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.
Audit Cost
Cost of the single Audit can only be charged to this 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
by federal requirements to have a Single Audit.
No audit costs may be charged to DHS when audits required by this
Agreement have not been performed or have not been performed in
accordance with OMB Circular A-133 requirements. Late submission of the
Single Audit report is considered non-compliance with this section and may
be grounds to impose sanctions.
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 cases
of continued inability or unwillingness on the part of the Grantee to comply
with audit requirements, DHS may impose sanctions such as:
1. Withholding a percentage of Federal awards until the audit is complete
satisfactorily.
2. Withholding or disallowing overhead costs.
3. Suspending Federal awards until the audit is conducted,
4. Terminating the Federal award.
5. Recouping all federal payments made to the Grantee under this or any
other agreements between OHS and the Grantee.
K. Client Records
For each eligible client served under this Agreement, the Grantee shall maintain
client case records consisting of:
1. DHS provided forms which certify eligibility,
2. Date of contact with client.
3. Problem identification.
4. Methods of service delivery.
5. Significant contacts with client and significant events.
6. Other material as may be specified by the DHS.
L. Fiscal Requirements
1. The Grantee shall install and maintain an accounting system to identify and
Dakirinct County, .illY&146 Accountability Brock Gram 2009 Page: 8 of 29 Version # 1 0
Gontract # JAIBG09-63001 Date. 0410712009
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
2. The Grantee shall comply with all provisions of Office of Justice Programs'
"Financial Guide" (copy may be obtained from DNS' Bureau of Juvenile
Justice).
3. 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 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). -
4. The Grantee shall assure that funds from this Agreement will not be used to
supplant other state or local funds which provide services described in this
Agreement, and shall not use this Agreement to substitute or replace other
state or other local funds which would otherwise be used to provide the
services described in this Agreement.
5. The Grantee shall contribute a cash match of ten percent (10%) of the
program's total cost (other than costs of construction of permanent
corrections facilities, which require a fifty percent (50%) match).
6. The Grantee shall assure that funds received from any federal sources other
than those listed below will not be used as the cash match required for the
JAIBG Grant, (1) Funds from States and units of local government (2)
Housing and Community Development Act of 1974; (3) Appalachian regional
Development Act; (4) Equitable Sharing Program, a Federal asset forfeiture
distribution program to State and local officials; (5) Private funds; (6) Program
income and the related interest on that program income may be used as
match provided it is identified and approved: (7) Program income funds
earned from seized assets and forfeitures; (8) Funds appropriated by
Congress for the activities of any agency of a Tribal government or the
Bureau of Indian Affairs performing law enforcement function on Tribal lands:
(9) Otherwise authorized by law.
7. The Grantee sharl allow for no more than a maximum of five percent (5%) of
the total program costs to be allocated for administrative costs.
M. Billing Method
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Contract # JAIBG09-63001 gate: 0410712009
1. As used in this Agreement, "Cost Documentation" refers to the JABGN
budget detail and summary sheets attached hereto.
2. 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.
3. The Grantee shall follow and adhere to the budget. However, expenditures up
to a 10% increase or $3,000, whichever is greater, above the direct cost line
item budget categories are permissible provided the sum of all expenditures
does not exceed the total amount of the Agreement.
a. The Grantee must obtain prior written approval from DHS to increase any
line item by more than 10% or $3,000, whichever is greater. The Grantee
shall not be reimbursed for any expenditures incurred in budget line
items that do not include dollar amounts.
b. The DHS representative authorized to approve budget revisions is the
Director, Division of Contracts and Rate Setting.
c. 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.
4. For travel costs including mileage, meals, and lodging 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.michigen.govidmbi0 ,1607,7-150-9141_13132---,00.html
The Grantee can not charge DHS more for a provision of service than is charged
to other entities for whom the contractor provides services.
N. Billing Procedure
In order to receive payment Monthly Performance Measurement reports must be
submitted on EGRAMS prior to the submission of the Monthly Financial Reports.
The Grantee shall submit a monthly Financial Report in EGRAMS to DHS. This
report 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 fifteen
Oalitend Cuunty. Juvenile Acecuntakiiility Bluck Orgint - 2C/Q9 Page: 4,0 of 29 Versicri 4 1.0
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(15) 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 DHS make payment to the
Grantee for billings submitted more than 90 days after the end of a billing period.
Obligations incurred prior to or after the period covered by this Agreement shall be
excluded from the Grantee's monthly invoices.
a Criminal Background Check -
As a condition of this Agreement, the Contractor certifies that the Contractor shall,
prior to any individual performing work under this Agreement, conduct or cause to
be conducted for each new employee, employee, subcontractor, subcontractor
employee or volunteer who works directly with:
a. clients under this Agreement, or who has access to client information, an
Internet Criminal History Access Tool (ICHAT) check and a National and
State Sex Offender Registry check.
Information about !CHAT can be found at http://apps.michigan.gov/ichat.
The Michigan Public Sex Offender Registry web address is
http://www.mipsor.state.mi.us .
The National Sex Offender Public Website address is http://wvvw.nsopw.gov
b. children under this Agreement, a Central Registry (CR) check.
Information about CR can be found at http://wvvw ,mi.gov/dhs/0,1607,7-124-
5452i 119_48330-180331—,00, html.
The Contractor shall require each employee, subcontractor, subcontractor
employee or volunteer who works directly with clients or who has access to client
information, under this Agreement to timely notify the Contractor in writing of
criminal convictions (felony or misdemeanor) and/or pending felony charges or
placement on the Central Registry as a perpetrator.
Additionally, the Contractor shall require each new employee, employee,
subcontractor, subcontractor employee or volunteer who works directly with clients
under this Agreement or who has access to client information and who has not
resided or lived in Michigan for each of the previous ten (10) years to sign a waiver
attesting to the fact that they have never been convicted of a felony or identified as
a perpetrator, or if they have, the nature and recency of the felony.
The Contractor further certifies that the Contractor 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 Contractor
that the results of a positive ICHAT and/or a CR response or reported criminal
felony conviction or perpetrator identification make the individual ineligible to
provide the services.
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The Contractor must have a written policy describing the criteria on which its
determinations shall be made and must document the basis for each
determination. The Contractor may consider the recency and type of crime when
making a determination. Failure to comply with this provision may be cause for
immediate cancellation of this Agreement. In addition, the Contractor must further
have a written policy regarding acceptable screening practices of new staff
members and volunteers who have direct access to clients and/or client's personal
information, which serve to protect the organization and its clients that is clearly
defined. The Contractor must also assure that any subcontractors have both of
these written policies.
If DHS determines that an individual provided services under this Agreement for
any period prior to completion of the required checks as described above, DNS
may require repayment of that individual's salary, fringe benefits, and all related
costs of employment for the period that the required checks had not been
completed.
II
DI-IS RESPONSIBILITIES
A. Payment
OHS shall make payments to the Grantee within forty-five (45) days after receipt
by DIAS of the Grantee's monthly financial reports detailing program related
budgeting expenditures as set forth in the Cost Documentation attached to this
Agreement
B. Maximum Amount
The Grantee is eligible for up to $ 113,889.00. Of that amount, DHS hereby
agrees to pay the Grantee an amount not to exceed $ 102,500.00 for services
performed in accordance with the terms of this Agreement exclusively during the
period April 1, 2009- March 31, 2010.
C. Evaluation Criteria
The services provided by the Grantee under this Agreement shall be evaluated by
the DHS on the basis of the following criteria:
. Youth who re-offend will decrease by one percent annually.
III GENERAL PROVISIONS - PUBLIC
A. Conclusion, Termination, and Cancellation Terms
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 DI-IS 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.
OHS 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 DH S, funding becomes unavailable for this service or such funds
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are restricted.
2. Cancellation of Agreement
DHS may cancel this Agreement upon thirty days written notice if DI -IS
determines that the Grantee, 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 Grantee 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, OHS may cancel this Agreement without further
liability to OHS or its employees by giving the Grantee written notice of such
cancellation thirty days prior to the date of cancellation. The Grantee may
terminate this Agreement upon thirty days written notice to OHS at any time
prior to the completion of the Agreement period.
In case of default by the Grantee, OHS may immediately cancel this
Agreement without further liability to 0I -1S or its employees, and procure the
services from other sources.
In addition, DHS may immediately cancel this Agreement without further
liability to OHS or its employees if the Grantee, an officer of the Grantee, or
an owner of a 25% or greater share of the Grantee 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 criminal offense which, in the sole discretion of OHS,
reflects on the Grantee's business integrity.
3. Stop Work Orders
DHS may, at any time, by written stop work order to the Contractor, require
that the Contractor stop all, or any part, of the work called for by the
Agreement for a period of up to ninety (90) calendar days after the stop work
order is delivered to the Contractor, and for any further period to which the
parities may agree. The stop work order shall be specifically identified as
such and shall indicate that it is issued under this section of the Agreement.
Upon receipt of the stop work order, the Contractor shall immediately comply
with its terms and take all reasonable steps to minimize the incurrence of
costs allocable to the work covered by the stop work order during the period
of work stoppage.
If a stop work order issued under this section of the Agreement is canceled or
the period of the stop work order or any extension thereof expires, the
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Contractor shalt resume wdrk. The parties shall agree upon an equitable
adjustment in the services to be delivered, the Agreement price, or both, arid
the Agreement shall be modified, in writing, accordingly, if: (a) the stop work
order results in an increase in the time required for, or in the Contractors cost
properly allocable to the performance of any part of this Agreement; and (b)
the Contractor asserts its right to an equitable adjustment within thirty (30)
calendar days after the end of the period of work stoppage, provided that, if
DHS decides the facts justify the action, DHS may receive and act upon a
Contractor billing submitted al any time before final payment under the
Agreement.
B. Closeout Responsibilities
1. Closeout
When this Agreement is concluded or terminated for any reason, the Grantee
shall provide OHS, 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
Grantee for allowable costs not previously reimbursed. The Grantee shall
immediately refund to OHS any payments or funds advanced to the Grantee
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 Grantee, and not fully utilized at the conclusion of the
Agreement. Fixed asset costs billed to DI-IS shall be limited to straight-line
determination or a use charge pre-approved by DHS and shall be used only
for the performance of the Agreement unless another use is authorized in
writing by OHS.
At least sixty (60) days prior to the end date of this Agreement (which
includes cancellation of the Agreement) the Contractor shall report to OHS
the book value of all fixed assets and non-consumables purchased with OHS
funds and not fully utilized by the end of the Agreement. The Contractor shall
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 OHS.
No disposal, sale or transfer of fixed assets obtained under this Agreement 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
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rights of DHS contained in Section III, "Examination and Maintenance of
Records" and Section III, "Closeout" of this Agreement.
C. Compliance with Rules and Regulations
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 shallinclude, 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 all Federal Office of Management and
Budget circulars, which apply to the federal funding provided under this
Agreement which include but are not limited to:
.A-87 Cost Principles for Government
.A-102 for administrative requirements
.A-133 for audit requirements
'Special Federal Grant Provisions
The Grantee shall keep informed of federal, state, and local Jaws, 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 this Agreement 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 Disabilities Civil
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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 strictly adhere to provisions of federal law and
regulation, including those found in 42 U.S.C. 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 OHS 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
OHS.
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 OHS may
be billed for the amount of the co-pay. No supplemental billing is allowed.
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E. Confidentiality
1. The Contractor and the State of Michigan (hereinafter referred to as the
State) each acknowledge that the other possesses and will continue to
possess confidential information that has been developed or received by it.
As used in this Section, "Confidential Information” of the Contractor must
mean all non-public proprietary information of the Contractor (other than
Confidential Information of the State as defined below) which is marked
confidential, restricted, proprietary or with a similar designation. "Confidential
Information" of the State must mean any information which is retained in
confidence by the State (or otherwise required to be held in confidence by the
State under applicable federal, state and local laws and regulations) or which,
in the case of tangible materials provided to the Contractor by the State under
its performance under this Agreement, is marked as confidential, proprietary
or with a similar designation by the State. "Confidential Information" excludes
any information (including this Agreement) that is publicly available under the
Michigan Freedom Of Information Act.
2, The State and the Contractor will each use at least the same degree of care
to prevent disclosing to third parties the Confidential Information of the other
as it employs to avoid unauthorized disclosure, publication or dissemination of
its own confidential information of like character, but in no event less than
reasonable care. Neither the Contractor nor the State will (i) make any use of
the Confidential Information of the other except as contemplated by this
' Agreement, (ii) acquire any right in or assert any lien against the Confidential
Information of the other, or (iii) if requested to do so, refuse for any reason to
promptly return the other party's Confidential Information to the other party.
Each party will limit disclosure of the other party's Confidential Information to
employees and Subcontractors who must have access to fulfill the purposes
of this Agreement. Disclosure to, and use by, a Subcontractor is permissible
where (A) use of a Subcontractor is authorized under this Agreement, (B) the
disclosure is necessary or otherwise naturally occurs in connection with work
that is within the Subcontractor's scope of responsibility, and (C) the
Contractor obligates the Subcontractor in a written Contract to maintain the
State's Confidential information in confidence. At the State's request, any
employee of the Contractor and of any Subcontractor having access or
continued access to the State's Confidential Information 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 the Contractor or Subcontractor, as the case may
be, to protect the Confidential Information from unauthorized use or
disclosure.
Promptly upon termination or cancellation of this Agreement for any reason,
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the Contractor must certify to the State that the Contractor has destroyed all
State Confidential Information.
F. Examination and Maintenance of Records
The Grantee shall permit OHS 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 Grantee shall retain all books, records or other documents
relevant to this Agreement for six years after final payment, at the Grantee'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. DHS shall
provide findings and recommendations of audits to the Grantee. DHS shall adjust
future payments or final payment if the findings of an audit indicate over payment
to the Grantee in any period prior to the audit. If no payments are due and owing
the Grantee. the Grantee shall refund all amounts which may be due DHS within
sixty (60) days notice by DI-IS. The Grantee shall assure, as a condition of any
sale or transfer of ownership of the Grantee 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 Grantee shall otherwise maintain said records as DHS may direct. If
business operations cease, the Grantee shall maintain records as OHS may
direct, The Grantee shall notify OHS when and if the Grantee operations cease
during the six-year period after final payments and provide for appropriate storage
of records at the Grantee's expense.
The Grantee shall, as a provision of the Agreement between the Grantee and the
auditor, assure that DHS may make reasonable inquiries of the auditor 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 Grantee shall comply with all program and fiscal reporting procedures as
are or may hereinafter be established by OHS. The Grantee 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 DHS. 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 Grantee upon
request.
2. Monitoring Requirements
DHS reserves the right to perform scheduled and unscheduled on-site visits
during normal business hours, to monitor the Grantee's activities under this
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Agreement at any time, either during the term, or within three (3) years after
termination of the Agreement. The Grantee shall cooperate with DHS 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 Grantee in an exit conference. DHS shall provide the Grantee with a
detailed written report of these findings within sixty (60) days of the exit
conference. The Grantee is required to address each item in DHS report by
providing a Corrective Action Plan (CAP) to eliminate or correct each issue of
noncompliance. The Grantee shall submit the Corrective action plan to DHS
within sixty (60) days from issuance of DHS' report.
If DHS identifies questioned costs that cannot be substantiated, DNS may, at
its discretion, and after consultation with the Grantee, require the Grantee to
submit a revised financial status report in EGrAMS to reflect adjustment for
disallowed costs. Submission of revised billings to DI-IS shall be made within
a time schedule established by DHS and the Grantee. If the Grantee fails to
comply with monitoring requirements as set forth in this Agreement, and
within allotted time frames mutually established, OHS may, at its discretion,
invoke sanctions on the Grantee, which may include, but are not limited to,
actions to collect disallowed costs and/or cancellation of the Agreements.
3. Audit Reports that Contain a Going Concern Statement
If an audit firm conducts an audit of the Grantee and issues an audit report
with a finding of a Going Concern, the Grantee must submit this audit report
to the OHS Office of Monitoring and Internal Control 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 Grantee receiving a Going Concern must submit a financial plan to the OHS
Office of Monitoring and Internal Control no later than 25 days from the date
of the audit report issued by the audit firm. The financial plan must be
approved by DHS. Failure of the Grantee to either timely submit the audit
report with the Going Concern, or timely submit a financial plan, or DHS'
rejection of the Grantee's financial plan, are grounds for immediately
terminating this Agreement.
Mailing address for all audit information:
Michigan Department of Human Services
Office of Monitoring and Internal Control
Grand Tower Suite 1112
Lansing, MI 48909
H. Recoupment of Funding and Repayment of Debts.
1. Recoupment of Funding
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If the Grantee fails to comply with monitoring requirements as set forth in this
Agreement, or fails to submit a revised financial status report in EGrAMS
within allotted time frames established by OHS in consultation with the
Grantee, DHS may, at its discretion, recoup or require the Grantee to
reimburse payments made under this Agreement which DHS has determined
that the Grantee has been overpaid. The Grantee is liable for any cost
incurred by OHS in the recoupment of any funding.
Upon notification by OHS that repayment is required, the Grantee shall make
payment directly to 01-IS 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 Grantee.
If the Grantee fails to: (1) correct noncompliance activities identified by OHS,
(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 DHS'
agreements with the Grantee. DHS shall also report noncompliance of the
Grantee to Michigan's Department of Management and Budget. Such report
may result in the Grantee'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 Grantee agrees to honor all prior
repayment agreements established by DHS witti the Grantee or Grantee's
predecessors. If the Grantee has an outstanding debt due to DHS but does
not have a repay agreement, the Grantee agrees to make monthly payments
to OHS at an amount not less than 5% of any outstanding balance and to
begin on the date this Agreement is executed.
If the Grantee fails to honor prior repayment agreements, or the Grantee fails
to begin repayment on an obligation due OHS that is not subject to a
repayment agreement, DHS will initiate the administrative process to reduce
payments to the Grantee 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.
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
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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 Agreetnent shall not be made without prior written DHS approval,
and then only in accordance with the explicit written instructions from OHS. 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. Subcontracts
The Contractor shall not assign this Agreement or subcontract this Agreement to
other parties without obtaining prior written approval of the DHS Division of
Contracts and Rate Setting (DCRS). DHS, 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 01-IS' confidential information
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 OHS, the Contractor or subcontractor, as the
case may be, to protect such confidential information from unauthorized use or
disclosure.
K. Disputes
The Contractor shall notify DHS in writing of intent to pursue a claim against OHS
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 DHS or
designee for the purpose of attempting resolution of the dispute.
L. 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 DHS 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
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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.
M. 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
DRS Division of Contracts and Rate Setting (DCRS) 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
DCRS.
N. Certifications Regarding Lobbying
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.
0. Certification Regarding Debarment, Suspension, and Other Responsibility Matters
The Contractor certifies 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
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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.
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 paragraph (1)(b) of this certification: 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 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
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Contract # JAI9G09-63001 Date. 04107/2009
any applicable state or federal law, rule, regulation, order, or decree.
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 ohs not
debarred, suspended, or proposed for debarment by the State of Michigan. The
Contractor shall then inform OHS 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.
P. Governing Law
This Agreement shall in all respects be governed by, and construed in accordance
with, the laws of the State of Michigan. Any dispute arising herein shall be
resolved in the State of Michigan,
0. Severability
Each provision of this Agreement shall be deemed to be severable from all other
provisions of this Agreement and, if one or more of the provisions of this
Agreement shall be declared invalid, the remaining provisions of this Agreement
shall remain in full force and effect.
Cialctanct County. Johynge Accountability Bkx:k Grant • 2009 Page: 24 of 28 version #
Contract /4 JA1BG09-63001 Date. 04/07120C9
IN WITNESS WHEREOF, the OHS 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.
- Dated at. MICHIGAN
This day of By
Dated at , MICHIGAN
This day of By
Contract # : JAIBG09-63001
Oakland County Juvenile Acuauntabekty Black Grani 290 Page 25 or 2B 1/sugar) # 1.0
Contract # JNBU09-63001 Date: 04/07/2009
Attachments
B1 Attachment B1 - Program Budget Summary
'PROGRAM DATE PREPARED
!Juvenile Accountabilit Block Grant - 200Y . 1 $19
CONTRACTOR NAME !BUDGET PERIOD
Oakland County From : 41112009 To: 3/31/2010
MAILING ADDRESS (Number and Street) , BUDGET AGREEMENT 17kIMENDMENT #
2100 Pontiac Lake Rd ' ' Original F.' Amendment Fiscal Services Division Mil #41W '
,CITY STATE IZIP CODE Contract Amount
'Waterford MI 1 48328-0403 102 500.00
I inn Item Total Grant Amount Cash
Salary & Wa0e$ 50,536.00 45,482.00 5.054.00
Frinae Benefits 31,747.00 28,574.00 3,173.00
I • . II 28.606.00 25,744.00 2.862,00
4 Communication 0.00 0.00 0.00
5 Sunolies/ODeratina Expenses 0,00 0.00 0.00
6 Eauiciment 0.00 0.00 0.00
7 Construction - Remodel 0_00 0.00 0.00
8 New Construction 0.00 0.00 0.00
9 Transportation 0.00 0.00 0.00
10 Consultants/Contractual Services 3,000.00 2,700.00 300.00
11 Specific Assistance 0.00 0.00 0.00
12 Miscellaneous 0.00 0.00 0.00
E 113,889.00 102,500.00 11,389.00
Oakland County Juvenile Accountability Boos Oram - 200g Page: 20 of 28 Version 1.9
COntraut # JA1BG09-63001 Date: 04/07/2009
B2 Attachment B2 - Program Budget Detail
Grant Line Item Qty , Rate Units UOM Total Amount Cash
1 Salary & Wages
Others-Probation Officer 1.000 50536.000 1.000 FTE 50.536.00 45,482.00 5,054.00
Notes : Probation Officer
1. Position #4010201-
09330. Salary from FY
2009 "Salary Forecast"
document estimate,
2 Required Fringe Benefits
FICA Sociai Security 0.000 6.200 50536.000 3,133.00 2.820.00 313,00
FICA Medicare 0,000 1.450 50536.000 733.00 660.00 73.00
Unemployment Insurance 0.000 0.200 50536.000 101.00 91.00 10.00
Worker's Compensation 0.000 0.227 50536.000 115.00 104.00 11.00
Total for Required Fringe Benefits 4,082.00 3,675.00 407.00
3 Optional Fringe Benefits
Health Insurance 1,000 11000.000 1.000 FTE 11 .000.00 9,900.00 1,100.00
Life Insurance 1.000 147.000 1.000 FTE 147.00 132.00 15.00
Retirement 1.000 15430.000 1.000 FTE 15,430.00 13,887.00 1,543.00
, Others-Dental Insurance 1.000 774.000 1.000 FTE 774.00 697.00 77.00
Others-Disability 1.000 192.000 1.000 FTE 192.00 173.00 19.00
Insurance
Others-Optical 1.000 122.000 1.000 FTE 122.00 110.00 12.00
Total for Optional Fringe Benefits 27,665.00 24,899.00 2,766.00
i 4 Occupancy
Others-Children's Village 1.000 28606.000 0.000 28.606.00 25,744.00 2,852.00
kitchen air condition -
5 Communication
6 Supplies/Operating Expenses
,7 Equipment
8 Construction - Remodel
9 New Construction
10 Transportation
11 Consultants/Contractual Services
Subcontraclors-Female 3.000 500.000 0.000 1,500.00 1,350.00 150.00
Substance Abuse
Resiliency
•
(Mound CQurity. JuvoniiQ Accounta*ty Block Grant • 2005 Pag• 27 of 28 Version # 1 a
Contract # JAIBG09-53001 Date: 04/0712309
Grant Line Item Qty Rate Units UOM Total A Cash mount
Notes : Project for 10
participants at $500 per
session (facilitator /
supplies / snacks, etc.) X 3
sessions per year. Cost
estimate based on bid
' contractual contracts for
services to be provided.
Program is divided into
equal male and female
program to conform to
Proposition 2 compliance. , ,
' Subcontractors-Male 3.000 500.000 0.000 1,500.00 1,350.00 150.00
Substance Abuse
Resiliency
Notes : Project for 10
participants at $500 per
session (facilitator /
supplies / snacks, etc.) X 3
sessions per year. Cost
estimate based on bid
contractual contracts for
services to be provided.
Program is divided into
equal male and female
program to conform to
Proposition 2 compliance_ i —
Total for ConsultantsiContractual Services 3.000.00 2,700.00 300.00
inlimilaoiflc Assistance
—
13 Miscellaneous —
TpTAL EXPENDITURES 1 113,889.001 102,500-00 11,389.00
Oaktand County Juvenile Accrountalailay BICK:k Grant - 2409 Page: 28 or 28 Verson # 1 0
FISCAL NOTE (misc iL09 I_ )0-) May 7.2009
BY: Finance Committee, lom miodleton, Chairperson
IN RE: PROSECUTING ATTORNEY, AND CIRCUIT COURT - FAMILY DIVISION, AND CHILDRENS
VILLAGE — PROGRAM YEAR 2009 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) 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 Michigan Department of Human Services has awarded grant funding to the Prosecuting
Attorney. Circuit Court-Family Division, and Children's Village under the Juvenile
Accountability Block Grant (JABG) for the period of April 1, 2009 through March 31, 2010.
2. The grant award of $113,889 provides funding for the following: Circuit Court Peer Groups to
address the problem of high recidivism, a Teen Court to provide a justice model within a peer
setting, and Children's Village Juvenile Facility Enhancement (see fiscal attachments A, 81
and B2).
3. The State contribution is $102,500 (90%) and the County grant match is $11,389 (10%),
which is included in the general fund Fiscal Year 2009/2010 Adopted Budget Non-
departmental grant match line item.
4. In addition to the County match requirements, the County is expected to incur administrative
and support costs of $7,985, which have been included in the Fiscal Year 2009/Fiscal Year
2010 budget. This grant does not allow for recovery of those costs.
5. The grant continues partial funding for one (1) FTE Probation Officer I (position number
4010201-09330), and deletes one (1) PTNE Assistant Prosecutor II (position number
401 0201-1 0418 for 289 hours) in the Prosecutor - Administration Division.
6. Funding of $28,606 to be transferred to the Project Work Order Fund, to fund air conditioning
of the Children's Village Kitchen Area project.
7. A budget amendment is recommended as follows:
Adopted Adjusted Amended
GENERAL FUND (#10100) FY 2009 FY 2009 FY 2009
9090101-196030-730800 Grant Match $ -0- ($ 11.389) ($11,389)
4010201-122030-788001-27365 Transfer Out -0- 8,227 8,227
3010401-121240-788001-27365 Transfer Out -0- 2,862 2,862
1060501-131010-788001-27365 Transfer Out -0- 300 300
Total General Fund Transfers $ -0- $ -0- $11,389
JABG GRANT FUND (#27365)
Revenue
4010201-122060-610313 Grants - Federal $81,354 ($ 7,298) 574,056
4010201-122060-695500-10100 Transfer In 9.039 ( 812) 8.227
3010401-121200-610313 Grants-Federal 5,400 ( 5,400) 0
3010401-121200-695500-10100 Transfer In 600 ( 600) 0
3010401-121240-610313 Grants-Federal 0 2,700 2,700
3010401-121240-695500-10100 Transfer In 0 300 300
1060501-131010-610313 Grants - Federal 0 25,744 25.744
1060501-131010-695500-10100 Transfers In 0 _262 2,862
Total Revenue $ 96,393 $ 17,496 $113,889
Expenditures
Prosecuting Attorney Teen Court Program
4010201-122030-702010 Salaries 59,289 (8,753) 50 536
4010201-122030-722740 Fringe Benefits 31 104 643 31 747
Sub-Total Pros. Atty. Teen Ct. Program $ 90,393 ($ 8,11D) $ 82,283
Circuit Court Drug Court
3010401-121200-750399 Office Supplies 900 ( 900) 0
3010401-121200-750154 Exp Equip Expense 200 ( 200) -0-
Sub-Total Circuit Court Drug Court $ 1,100 ($ 1,100) $ 0
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter and Coulter absent.
Circuit Court Peer Groups
3010401-121240-730373 Contracted Services $ 4,900 ($ 1,900) $ 3.000
Sub-Total Circuit Court Peer Groups $ 4,900 ($ 1,900) $ 3.000
Children's Village SC H Building
1060501-1 31010-788001-40400 Transfer Out $ 0 $28,606 $ 28,600
Sub-Total Children's Village $ 0 $ 28,606 $ 28.606
Total JABG Grant Fund Expenditures $ 96,393 $ 17,496 $113,889
PROJECT WORK ORDER FUND (#40400)
Revenue
1040101-141000-695500-27365 Transfer In $ 0 $28,806 $ 28 606
Sub-Total Project Work Order Fund $ 0 $ 28,606 $ 28,606
Expense
1040101-141000-796500 Budgeted Equity Adjust $ 0 $28606 S 26,606
Sub-Total Project Work Order Fund $ 0 $ 28,606 $ 28,606
FINANCE COMMITTEE
I HEREBY APPROVE THE FOREGOING RESOLUTION
51/ I/67
ire 11.
Resolution #09105 May 7, 2009
Moved by Middleton supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett. Jackson, Jacobsen, McGillivray, Middleton, Nash, Potter, Runestad, Schwartz, Scott,
Woodward, Zack, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda
were adopted (with accornpanying reports being accepted).
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 May 7, 2009, with
the original record thereof now remaining in my office.
In Testimony Whereof, have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 7th day of May, 2009.
adt
Ruth Johnson, County Clerk