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HomeMy WebLinkAboutResolutions - 2009.10.29 - 9930October 29, 2009 MISCELLANEOUS RESOLUTION #09248 DY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: OAKLAND COUNTY SHERIFF'S OFFICE/CLEMIS 2009 CLEMIS LRMS APPLICATION SERVICES TECHNOLOGY ENHANCEMENTS BYRNE JAG STIMULUS ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff's Office, on behalf of CLEMIS ot Oakland County has solicited and received grant funding under the Michigan Department et Community Health in the amount of $500,000 for the period of July 1, 2009 through September 30, 2012; and WHEREAS the acceptance of this grant for Oakland County Sheriff's Office and CLEMIS of Oakland County proposes to enhance its law enforcement records T.anagement application services (IRMS) with grant funding to significantly improve performance and ease-of-use, especially for mobile users such as patrol officers. WHEREAS member agencies consider other enhancements to improve services to the public important and the LRMS enhancements are expected to be accomplished in three phases: Design and Planning; Development and Testing; Deployment and training; and WHEREAS the total amount of the CLEMIS LRMS Application Services Enhancement project is anticipated to be $3,357,000 which includes the three phases as stated above and future grants and appropriations are expected to be awarded to continue Phase II and Phase III; and WHEREAS the grant funding of $500,000 will permit completion of Phase : for the enhancements of Design and Planning which ',noludes: identifying a representative project team to participate; conduct user review/focus sessions; develop enhancement design aperifirAt'ene,; review prototype enhanced user interface, finalize user interface design specs; develop database design specs to support enhancements; document prelimary business rules; finalize user review and acceptance of the prototype; prioritize group dependent enhancements with the user project team and obtain CLEMIS Advisory Committee approval; and develop an enhancement roadmap for the enhancements based on established priorities; and WHERERAS the grant award has been processed through the County Executive's Contract Review Process and the Board of Commissioners Grant Application Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the grant funding from the Michigan Department of Community Health in the amount of $500,000 with no County match requirement; and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED the acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution Public Services Committee Public Services Committee Vote: Motion carried unanimously on a roll call vote with Taub absent a GRANT REVIEW SIGN OFF — Sheriffs Office / CLEMIS GRANT NAME: 2009 CLEIVIIS LRIVIS Application Services Technology Enhancements FUNDING AGENCY: Michigan Department of Community Health — Office of Drug Control Policy DEPARTMENT CONTACT PERSON: Jamie Hess 248-858-7674 STATUS: Grant Acceptance DATE: September 29, 2009 Pursuant to Misc. Resolution #01320, please be advised the captioned rant 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 place 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 (9/23/2009) Department of Human Resources: Approved. — Cathy Shallal (9/23/2009) Risk Management and Safety: Due to the limited time frame we were given for comments, Risk Management will approve with no modifications. In the future, the following modifications will need to be made to Section IX, Liability, Item A: All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor in the performance of this Contract shall be the responsibility of the Contractor, and not the responsibility ofthe Department, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, or anyone directly or indirectly employed by the Contractor, provided that nothing herein shall be construed as a waiver of governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. - Andrea Plotkowsisi (9/28/2009) Corporation Counsel: After reviewing the above-referenced Grant Agreement between the County and the Michigan Department of Community Health ("Department"), I found no legal issues that must be resolved before the Grant Agreement is executed. However, there are two sections of the Grant Agreement I would like to bring to your attention. Section LA.2 (Publication Rights) of Part II (General Provisions) provides that if activities under the Grant produce (..opylightable materials, then the Contractor/County may copyright such material, but the Department has a "royalty-free, non-exclusive and irrevocable license to reproduce, publish, and use such materials and to authorize others to reproduce and use such materials." Therefore, if enhancitg the law enfonxinent records management application involves new software applications, then the State is entitled to use these applications at no cost and can authorize others to do the same. Section V.A (Agreement Termination) of Part II (General Provisions) provides that either Party may terminate the Grant Agreement upon 30 days notice. — Jody 1-Ial; (9/28/2009) Contract #: 20093995 Grant Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and County of Oakland 1200 N. Telegraph Rd. Pontiac, MI 48341 Federali.D.#: 38-6004876 hereinafter referred to as the "Contractor" for Oakland County Sheriff's Department CLEMTS LRMS Application Services Technology Enhanc Part I 1. Period of Agreement: This agreement shall commence on 7/1/2009 and continue through 9/30/2012 . This agreement is in full force and effect for the period specified. 2. Program Budget and Agreement Arnoupt A. Agreement Amount The total amount of this agreement is $ 500,000 . The Department under the terms of this agreement will provide funding not to exceed $ 500,000 . The federal funding provided by the Department: is S 500,000 or approximately 100 00%: the Catalog of Federal Domestic Assistance (CFDA) number is 16 .933 and the CFDA Title is FY C9 Recovery Act Edward Byrne Memorial Jug' the federal agency name is u. s . Department of Justice , the federal grant award number is 2009-511-B9-0017 and the award phase is 2008 , The federal program title is Recovery Act Byrne JAG 2009 ,. The grant agreement is designated as a subrecipient relationship. The grant agreement is designated as. 121 Not a Research and Development project. B. Equipment Purchases and Title Any contractor equipment purchases supported in whole or in Part through this agreement must be listed in the supporting Equipment inventory Schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5.000 or more per unit. Da-1-0055 FY20095/08 (W)4 Page 1 of 16 Title to items having a unit acquisition cost of ;ess than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more to the extent that the Department's proportionate interest in such equipment supports such retention Or transfer of title. C. Deviation Allowance A deviation allowance modifyir.g an established budget category by $10.000 or 15%, whicnever is greater, is permissible without prior written approval of the Department. Any modification or deviations in excess of this provision, including any adjustment to the total amount of this agreement, must be made in writing and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories, subcontracts. equipment items or positions not shown in the attacned Program Budget Summary and supporting detail schedules. 3. Purpose: The focus of the program is to: See Attachment 1. 4. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in Attachment 2, which is part of this agreement through reference. 5. Financial Requirements: The financial requirements shall be followed as described in Part II of this agreement and Attachment 3 which are part of this agreement through reference, 6. Performance/Progress Report Requirements: The progress reporting methods, as applicable, shall be followed as described in Attachment 4, which is part of this agreement through reference. 7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in Part II, which is part of this agreement through reference. 8. Administration of the Agreement: The person acting for the Department in administering this agreement (hereinafter referred to as the Contract Manager) is: Nancy Bennett, Name Location/Building Title Telephone No. BeckerN@michioan.gov Ernai! Address DCH-0665 FY2009 5108 ;W)4 Page 2 of la (Meese print) Signature Section: For the CONTRACTOR Bill Bullard, Jr. Name Board ot Commissioners - Chairman Title 9. Special Conditions: A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. I. The Contractor is required by PA 533 of 2004 to receive payments by electronic funds transfer. 10. Special Certification: The individual or officer electronically accepting this Agreement certifies by his or her acceptance that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. The Authorized Official's typed name, in lieu of a signature, represents the Contractors legal acceptance of the terms of this Grant Agreement including certifications and Assurances agreed to prior to application submission. DCH-0665 FY2009 5/C8 (IN)4 Page 3 of 15 Part II General Provisions Responsibilities - Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Rights 1. Where activities supported by this agreement produce books, films, or other such copyrightable materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the Department reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or modifications bearing acknowledgment of the Department's name must be approved by the Department prior to reproduction and use of such materials. 3. The Contractor shall give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein: tne Department will do likewise. • B. Fees Make reasonable efforts to collect 1 st and 3rd party fees, where applicable, and report these as outlined by the Department's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by the Department at the effective date of this agreement, and provide the Department with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. E. Record Maintenance/Retention DCH-0665 FY2009 5108 (W)4 page 4 of 18 Maintain adequate program and fiscal records and files, including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. Assure that all terms of the agreement will be appropriately adhered to and that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than three (3) years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved. F. Authorized Access Permit upon reasonable notification and at reasonable times, access by authorized representatives of the Department, Federal Grantor Agency, Comptroller General of the United States and State Auditor General, or any of their duly authorized representatives, to records, files and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. G. Audits This section only applies to Contractors designated as subrecipients. Contractors designated as vendors are exempt from the provisions of this section. 1. Required Audit or Notification Letter Contractors must submit to the Department either a Single Audit, Financial Statement Audit, or Audit Status Notification Letter as described below. If submitting a Single Audit or Financial Statement Audit, Contractors must also submit a Corrective Action Plan for any audit findings that impact MDCH-funded programs, and management letter (if issued) with a response. a. Single Audit Contractors that expend $500,000 or more in federal awards during the Contractor's fiscal year must submit to the Department a Single Audit prepared consistent with the Single Audit Act Amendments of 1996, and Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," as revised. b. Financial Statement Audit Contractors exempt from the Single Audit requirements that receive $500000 or more in total funding from the Department in State and Federal DCH-5665 FY2009 5/08 (lA/}5 Page 5 of 1.5 grant funding must submit to the Department a Financial Statement Audit prepared in accordance with generally accepted auditing standards (GAAS). Contractors exempt from the Single Audit requirements that receive less than $500,000 of total Department grant funding must submit to the Department a Financial Statement Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact MDCH-funded programs including, but not limited to fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. c. Audit Status Notification Letter Contractors exempt from both the Single Audit and Financial Statement Audit requirements (a. and b. above) must submit an Audit Status Notification Letter that certifies these exemptions. The template Audit Status Notification Letter and further instructions are available at hitv.i/wvvw,rnichician govfmccli by selecting Inside Community Health — MUCH Audit. Due Date and Where to Send The required audit and any other required submissions (i.e. Corrective Action Plan and management letter with a response), or audit Status Notification Letter must be submitted to the Department within nine months after the end of the Contractor's fiscal year to: Michigan Department of Community Health Office of Audit Quality Assurance and Review Section P.O. Box 30479* Lansing, Michigan 48909-7979 *For Express Delivery: Capital Commons Center 400 S. Pine Street Lansing, Michigan 48933 Alternatives to paper filing may be viewed at httryiNvww.michican.covimdch by selecting Inside Community Health — MDCH Audit, 3. Penalty DCE-I-0865 FY2009 5/08 (W)6 Page 6 of 15 a. Delinquent Single Audit or Financial Statement Audit If the Contractor does not submit the required Single Audit reporting package, management letter (if issued) with a response, and Corrective Action Plan; or the Financial Statement Audit and management letter (if issued) with a response within nine months after the end of the Contractor's fiscal year and an extension has not been approved by the cognizant or oversight agency for audit, the Department may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $200,000) until the required filing is received by the Department. The Department may retain the amount withheld if the Contractor is more than 120 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. The Department may terminate the current grant if the Contractor is more than 180 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. b. Delinquent Audit Status Notification Letter Failure to submit the Audit Status Notification Letter, when required, may result in withholding from the current funding an amount equal to one percent of the audit year's grant funding until the Audit Status Notification Letter is received. 4. Other Audits The Department or federal agencies may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. H. SubrecioientiVendor Monitoring The Contractor must ensure that each of its subrecipients comply with the Single Audit Act requirements. The Contractor must issue management decisions on audit findings of their subrecipients as required by OMB Circular A-133. The Contractor must also develop a subrecipient monitoring plan that addresses "during the award monitoring" of subrecipients to provide reasonable assurance that the subrecipient administers Federal awards in compliance with laws, regulations, and the provisions of contracts, and that performance goals are achieved. The subrecipient monitoring plan should include a risk-based DCH-0565 FY200.9 5/08 (VV)7 Page 7 of 18 assessment to determine the level of oversight, and monitoring activities such as reviewing financial and performance reports, performing site visits, and maintaining regular contact with subrecipients. The Contractor must establish requirements to ensure compliance for for—profit subrecipients as required by OMB Circular A-133, Section .210(e) The Contractor must ensure that transactions with vendors comply with laws, regulations, and provisions of contracts or grant agreements in compliance with OMB Circular A-133, Section .210(f). Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source that would require or result in significant modification in the provision of services, funding or compliance with operational procedures. J. Software Compliance The Contractor must ensure software compliance and compatibility with the Department's data systems for services provided under this agreement including, but not limited to: stored data. databases, and interfaces for the production of work products and reports. All required data under this agreement shall be provided in an accurate and timely manner without interruption, failure or errors due to the inaccuracy of the Contractor's business operations for processing date/time data. K. Human Subjects The Contractor agrees that prior to the initiation of the research, the Contractor will submit institutional Review Board (IRB) application material for all research involving human subjects. which is conducted in programs sponsored by the Department or in programs which receive funding from or through the State cf Michigan, to the Department's IRB for review and approval, or the IRB application and approval materials for acceptance of the review of another IRB. All such research must be approved by a federally assured IRB, but the Department's IRB can only accept the review and approval of another institution's IRB under a formally-approved interdepartmental agreement. The manner of the review will be agreed upon between the Department's IRB Chairperson and the Contractor's IR B Chairperson or Executive Officer(s). II. Responsibilities - Department The Department in accordance with the general purposes and °Cleaves of this agreement will: DC H-0665 FY2009 5/08 ;VV)8 Page 8 of 18 A. Reimbursement Provide reimbursement in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation. maintained by the Contractor. B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and provide to the Contractor any new report forms and reporting formats proposed for issuance thereafter at least ninety (90) days prior to their required usage in order to afford the Contractor an opportunity to review and offer comment. III. Assurances The following assurances are hereby given to the Department: A. Compliance with Applicable Laws The Contractor will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this agreement. The Contractor will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. B. Anti-Lobbying Act The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 at seq, and Section 503 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies section of the FY 1997 Omnibus Consolidated Appropriations Act (Public Law 104-208). Further, the Contractor shall require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Contractor agrees not to discriminate against any employee or applicant for employment or service delivery and access, with respect to their hire, tenure, terms. conditions or privileges of employment, programs and services provided or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual's ability to perform the duties of the particular job or position or DCH-0655 FY2009 5108 (W)9 Page 9 of 18 to receive services. The Contractor further agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrorr will contain a provision requiring non-discrimination in employment, service delivery and access, as herein specified binding upon each subcontractor. This covenant is required pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37,2201 et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and any breach thereof may be regarded as a material breach of the contract or purchase order. 2. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned and women owned businesses, and businesses owned by persons with disabilities in contract solicitations. The Contractor shall incorporate language in all contracts awarded: (1) prohibiting discrimination against minority owned and women owned businesses and businesses owned by persons with disabilities in subcontracting; and (2) making discrimination a material breach of contract. D. Debarment and Suspension Assurance is hereby given to the Department that the Contractor will comply with Federal Regulation, 2 CFR part 180 and certifies to the best of its knowledge and belief that it, its employees and its subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction: violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civgly charged by a government entity (federal. state or ocal) with commission of any of the offenses enumerated in section 2, and; DC1-1-06b5 FY2009 5/08 (M10 Page 10 o4 18 4. Have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. E. Federal Requirement: Pro -Children Act I. Assurance is hereby given to the Department that the Contractor will comply with Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 6081 et seq, which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed. operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The Contractor also assures that this language will be included in any subawards which contain provisions for children's services. 2. The Contractor also assures, in addition to compliance with Public Law 103-227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Contractor. If activities or services are delivered in facilities or areas that are not under the control of the Contractor (e.g., a mall, restaurant or private work site). the activities or services shall be smoke- free. F. Hatch Political Activity Act and Interqovemmental Personnel Act The Contractor will comply with the Hatch Political Activity Act. 5 USC 1501-1508, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act, Public Law DCH-0665 FY2009 5/08 "11 Page 11 of 18 95-454. 42 USC 4728. Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. G. Subcontracts Assure for any subcontracted service, activity or product: 1. That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions to this policy may be granted by the Department upon written request within 30 days of execution of the agreement. 2. That any executed subcontract to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non-conflicting provisions not set forth in this agreement; b. Restates provisions of this agreement to afford The Contractor the same or substantially the same rights and privileges as the Department; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement, 3. That the subcontract does not affect the Contractor's accountability to the Department for the subcontracted activity. 4. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. 5. That the Contractor will submit a copy of the executed subcontract if requested by the Department. H. Procurement Assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accordance with the principles and requirements of OMB Circular A-102 as revised, implemented through applicable portions of the DCH 0665 FY2009 5/09 (W)12 Page 12 of 18 associated "Common Rule" as promulgated by responsible federal contractor(s), or 2 CFR, Part 215 (OMB Circular A-110) as amended, as applicable, and that records sufficient to document the significant history of all purchases are maintained for a minimum of three years after the end of the agreement period. Health Insurance Portability and Accountability Act To the extent that this act is pertinent to the services that the Contractor provides to the Department under this agreement, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following: 1, The Contractor must not share any protected health data and information provided by the Department that falls within HIPAA requirements except to a subcontractor as appropriate under this agreement. 2. The Contractor must require the subcontractor not to share any protected health data and information from the Department that falls under HIPAA requirements in the terms and conditions of the subcontract. 3. The Contractor must only use the protected health data and information for the purposes of this agreement. 4. The Contractor must have written policies and procedures addressing the use of protected health data and information that falls under the HIPAA requirements, The policies and procedures must meet all applicable federal and state requirements including the HIPAA regulations. These policies and procedures must include restricting access to the protected health data and information by the Contractor's employees. 5. The Contractor must have a policy and procedure to report to the Department unauthorized use or disclosure of protected health data and information that falls under the HIPAA requirements of which the Contractor becomes aware. 6. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Part II, Section V. Agreement Termination. 7. In accordance with HIPAA requirements, the Contractor is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information received by the Contractor from the Department or any other sou ice. DCH-0665 FY200S 5108 (VV)13 Page 13 of 18 IV. Financial Requirements A. Operating Advance An operating advance may be requested by the Contractor to assist with program operations. The request should be addressed to the Contract Manager identified in Part I, Item 8. The operating advance will be administered as follows: 1. The advance amount requested must be reasonable in relationship to the program's requirements, billing cycle, etc.; and in no case may the advance exceed the amount required for 60 days operating expense. Operating advances will be monitored and adjusted by the Department according to total Department agreement amount. 2. The advance must be recorded as an account payable to the Department in the Contractor's financial records. The operating advance payable must remain in the Contractor's financial records until fully recovered by the Department. 3. The monthly Financial Status Report (FSR) reimbursement for actual expenditures by the Department should be used by the Contractor to replenish the operating advance used for program operations. 4. The advance must be returned to the Department within 30 days of the end date of this agreement unless the Contractor has a recurring agreement with the Department. and may not be held pending agreement audit. Subsequent Department agreements may be withheld pending recovery of the outstanding advance from a prior agreement. If the Contractor has a recurring agreement with the Department, the Department requires an annual confirmation of the outstanding operating advance. The Department may obtain the Michigan Department of Treasury's assistance in collecting outstanding operating advances. The Department will comply with the Michigan Department of Treasury's Due Process procedures prior to forwarding claims to Treasury. Specific Due Process procedures include the following: a. Department offer of a hearing to dispute the debt, identifying the time, place and date of such hearing. b. A hearing by an impartial official. c. An opportunity for the Contractor to examine department's associated records. DCH-013b5 F Y20C19 5[O8 (V14 Page 14 cf 18 d. An opportunity for the Contractor to present evidence in person or in writing. e. A hearing official with full authority to correct errors and make a decision not to forward debt to Treasury. f. Contractor representation by an attorney and presentation of witnesses if necessary. 5. At the end of either the agreement period or Department's fiscal year, whichever is first, the Contractor must respond to the Department's request for confirmation of the operating advance. Failure to respond to the confirmation request may result in the Department recovering all or part of an outstanding operating advance. B. Reimbursement Method The Contractor will be reimbursed in accordance with the staffing grant reimbursement method as follows: Reimbursement from the Department is based on the understanding that Department funds will be paid up to the total Department allocation as agreed to in the approved budget. Department funds are first source after the application of fees and earmarked sources unless a specific local match condition exists. C. Financial Status Report Submission Financial Status Reports (FSRs) shall be prepared and submitted to: Michigan Department of Community Health, Bureau of Finance Accounting Division, Expenditure Operations Section, P.O. Box 30720, Lansing, Michigan 48909 FSRs must be submitted on a monthly basis, no later than thirty (30) days after the close of each calendar month. The monthly FSRs must reflect total actual program expenditures. regardless of the source of funds. Attachment D contains the FSR form. The FSR form and instructions for completing the FSR form are available through your Contract Manager or the Department's web site: • httpliwww.rnichican.dovidocuments/DC1-1-0384- Financial Status Report 8214 7 pdf and • ittp.//www.michican.pcvidocuments/DCH-0384- Financial Status Report Instructions 8216 7 pot Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payment DCH-0665 FY2009 5/00 (4/4015 Page 15 of 18 D. Reimbursement Mechanism All contractors must sign up through the on-line vendor registration process to receive all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits, as mandated by PA 533 of 2004, Vendor registration information is available through the Department of Management and Budget's web site: • httry ifwww. cpe xpress.state rni.us, E. Final Obligations and Financial Status Report Requirements 1. Preliminary Close Out Report A Preliminary Close Out Report, based on annual guidelines, must be submitted by the due date using the format provided by the Department's Accounting Division. The Contractor must provide an estimate of total expenditures for the entire agreement period. The information on the report will be used to record the Department's year-end accounts payables and receivables for this agreement 2. Final FSRs Final FSRs are due sixty (60) days following the end of the fiscal year or agreement period. The final FSR must be clearly marked TinaIn. Final FSRs not received by the due date may result in the loss of funding requested on the Preliminary Close Out Report and may result in the potential reduction in the subsequent year's agreement amount F. Unobliqated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. V. Agreement Termination The Department may cancel this agreement without further liability or penalty to the Department for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. DCH-0665 FY2009 5/08 N)16 Page 16 e 18 C. This agreement may be terminated immediately if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section III.D, of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial, performance and other reports required as a condition of th:s agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII.Seve rability If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. VIII. Amendments Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. Any change proposed by the Contractor which would affect the Department funding of any project, in whole or in part in Part I, Section 2.C. of the agreement, must be submitted in writing to the Department for approval immediately upon determining the need for such change. IX. Liability A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor in the performance of this agreement shall be the responsibility of the Contractor, and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims. demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the responsibility of the CCH-0665 FY2009 5/08 (N)17 Page 17 of 18 Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the Department) or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the State, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. X. Conflict of Interest The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq. and 1973 PA 196, as amended, MCL 15,341 et seq, MSA 4.1700 (71) et seq. XI. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. XII.Co nfidentiality Both the Department and the Contractor shall assure that medical services to and information contained in medical records of persons served under this agreement, or other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals DCH-0665 FY2009 5100 fW)18 Page 18 e 18 ATTACH11ENT 1 PURPOSE 50069-1-09-B Oakland 0c,unty =XIS :J:rovideE application services/support to more than 93 law enforcement a7encies in sotbeast Michigan. With recent rapid growth cf membership, enhancements to the records management application services are badly needed to improve performance and ease of se while being easier and cheaper to maintan. ATTACHMENT 2 STATEMENT OF WORK 50069-1-09-S PRO:ELT 7,ESCI=tIPTION: Oakland County (CIEMIS proposes to enhance its law enfcfcement records management application services (LRMS) to significantly improve performance and ease-of-use, especially for motile users such as patrol officers. The member agencies alsc consider other enhancements to improve services to the public important. These LRMS enhancements are expected to be accomplished in essentially three phases: Design and Planning; Development and Testing; Deployment and Training. the current level of funding will permit completion of only the first phase which consLsts cf the following key design and planning activities: Identify a representative user project team to participate in the enhancement project Conduct user review/focus sessions to enumerate desired enhancements Develop enhancement design specifications Conduct user revicwjpresentation of the prototype enhanced user interface (IJI; - Finalize :II enhancement design specifications - Develop database design specifications, as needed, to support the enhancements - Document preliminary business rule changes, as needed, to support the - Finalize user review and acceptance of the prototype enhancements - Prioritize and group dependent enhancements with the user project team and obtain CLEM:S Advisory Committee approval and priorities - Develop an Enhancement Rcadmap for the enhancements based on established priorities ESTIMATED TIMELINF7 200 days - Analysis and Design phase - would Include involvement of the police departments / sheriff's offices in the identification of enhancements to the user interfaces and underlying processes. Technical staff will provide analysis and recommended enhancemente to improve technical performance. COST BENEFITS: As CLEXIS membership has expandea, performance haa been increasingly become an issue with the users. Preliminary review suggests that the enhancements should be able to improved system responsiveness 15% to 25% a: the users desktop, once all are implemented in this and future phases. With more than 8,400 users across more than ninety agencies. the time enhancements ATTACHMENT 2 STATEMENT OF WORK savings are expected to be sutstant1a1 although specific savings might be difficult to quantify. Methods to help gt:antify performance improvements will be a topic for this design/analysis phase. Once all of the proposed enhancements, in this and future phases, are fully implemented it is anticipated that dependence on vendor provided support can be significantly reduced with a estimated annual savings of more than $400,000. ATTACHMENT 3 PROGRAM BUDGET SUMMARY BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT FY 2008 - 2009 Pmpm aueftwma PagH. CLEM1S LRYS Application Services 6/18/2009 .,. i 1 cvnue,c;ci \ orr4 8ud2et Period: County of Oakland 7/1/2309 - 9;30/2012 A ddr I Budge.; Agreement: Amer .:.rneri: IN;LImbe:: 203 N. Telegraph R. E OrtMnal LL1 Amendment C;r... Szate Zip Code. Payee Federal ID Ntunber: Pontiac MI 4e341 3B-600487E EXPENDITURE CATEGORY' ' STATE FUNDS LOCAL MATCH 'TOTAL BUDGET i 1. Salaries and Wages 1 2. Fringe Benefits 3. Travel . 4. Supplies and Materials 1 5. Contractual (Subcontracts) $500. 000 $ 0 $500, 000. 6. Equipment 7. Other Expenses i — , —_ - TOTAL DIRECT EXPENDITURES $500,000 $503,000 _ 9 Indirect Costs: 0 ii - A) $0 $O $0 , 10. TOTAL EXPENDITURES $500,003 $500,000 SOURCE OF FUNDS STATE FENDS LOCAL MATCH TOTAL BUDGET , 11. State Agreement $500,000 , $500,000 12. Fees and Collections $0 i $0 , 13. Local $0 $`:',. 14. Federal $0 15. Other (s) , 16. TOTAL FUNDING $500,000 $0 I $500,000 ! Authority: P A 368 or 1978 Como letion: :s Voluntary but is lec,uired as a condition of funding. $ service. ano programs provider. LPCII-03$.5(E) (Rev !j-(2) (liv:4! Previous Edition Obsolete. Also Rcplacm FIN-I10 ' Tile Department of Community Health it on NMI Opp:T.:nay emp:oyer, of 1 Page 1 ATTACHMENT 3 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET COST DETAIL PROGRAM CODE BUDGET PERIOD DATE PREPARED CLEMIS LRMS Application i 50069-1-05-B 771/2009 to 9/30/2012 5/18/2009 Services Technology ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER Enhancements ; 1 SALARY AND WAGES POSITIONS TOTAL COMMENTS REQUIRED SALARY , , 1 / ,-. ' 70TAL SALARIES AND WAGES '2 FRINGE BENEFITS (specify) ET FICA III LIFE INS. 0 DENTAL INS D COMPOSITE RATE I,__/ UNEMPLOY INS. ri VISION INS. E WORK COMP AMOUNT % 0 RETIREMENT H HEARING INS. ri HOSPITAL INS, FT OTHER $0 TOTAL FRINGE BENEFITS $ — . a TRAVEL (specify if any item exceeds 10% of Total Expenditures) $ 0 r ay. - 4. SUPPLIES AND MATERIALS (specify d any item exceeds 10% of Total Expenditures) $0 5 CONTRACTUAL (SUBCONTRACTS) NAME ADDRESS AMOUNT I TBD - Enhancert!n7. Analys:L5/De $32C,00C SD TBD - Project :larldqement $SC,DOC $0 $ TBD - Techrucal Specs/Dcsign/ "L.D0,000. s0 ''' $530, 000 ' 6. EQUIPMENT (specify) 7, OTHER EXPENSES (specify if any item exceeds 10% of Total Expenditures) $0' B: TOTAL DIRECT EXPENDITURES (sum of Totals 1-7) $ $500, 000' 9. INDIRECT COST CALCULATIONS Rate ci So S; $ $0 10. TOTAL EXPENDITURES ;sum of lines 8-9) 5502 003 i AUTHORITY. PA 368 of 1978 COMPLETION IN A CONDITION OF FUNDING DCH-0386FY2002(E) OM 6/2001 munimacErr 4 PERFORMANCE I PROGRESS REPORT REQUIREMENTS A. The Contractor shall submit the following reports on the following dates: Program reports must be downloaded from the ODCP Law Enforcement Section web site: www.michiilan_yov/odtplawenforcement, click Byrne JAG Fundine, click Forms and select your program area report. You are required to submit (2) Program Reports for Byrne :AG Stimulus Drants on a quarterly basis. 1. Personnel Report: A Personnel Report must be completed and attached to your View Reports Screen in MAGIC. Personnel Reports are due (3) days at the end of eacn quarter. • October 5, 2009 • January 5, 2010 Financial Status Reports (FSR) must be submitted on a monthly basis, no later than thirty (3,7;) days after the close of each calendar month. Attachment 5 contains the FSR form. The Fsa form and instructions for completing the FSR form are available through your MAGIC system. Submission of timely, complete and accurate financial reports is absolutely mandatory. Delayed or missinc reports will cause stop payments for reimbursement and may result in grdat closure. Please plan ahead to avoid any non-submission issues or problems. B. Any such other information as specified in the Statement of Work, Attachment A shall be developed and submitted by the Contractor as required by the Contract Manager. C. Reports and information shall be submitted to the Contract Manager at: D. The Contract Manager shall evaluate the reports submitted as described in Attachment C, items A. and B. for their completeness and adequacy. E. The Contractor shall permit the Department or its designee to visit and to make an evaluation of the project as determined by Contract Manager . ATTACHMEN": 5 FINANCIAL STATUS REPORT RTMENT OF COMMUNITY HEALTH BPO Number C..ontract Number Page Of Local Agency Name Program Code , .' Street Redress Report Period Date Prepared Thru El Final City. State, ZIP Code Agreement Period FE ID Number Thru Expenditures Agreement Category Current Period . Agreement YTD Budget Balance 1. Salaries & VVaqes 2 Fringe Benefits 3: Travel 4. Supplies & Materials 5_ Contractual (Sub-Contracts) 6. Equipment 7. Other Expenses _ 8. TOTAL DIRECT - 9a.Indirect Costs: Rate#1% 9b.lndirect Costs: Rate#2% 10. TOTAL EXPENDFURES SOURCE OF FUNDS: 11. State Aoreernent 12. Local . 13. Federal 14. Other , , 15. Fees & Collections 16. TOTAL FUNDlNG I i CERTIFICATION: I certify that I am authorized to sign on behalf of the local agency and that this is an accsate statement of expenditures and collections for the report penoe. Appropriate documentation is available arid will be maintained for the required period to support costs ano recepts reported. Authorized Signature Date Title , Contact Person Name Telephone Number TE USE ONLY Advance INDEX PCA A DELL CODE AMOUNT i Advance Outstanding Advance Issued or Applied Balance 1 — Message Authority: P.A. 368 of 1970 The Department of Community Health is an equal opportunity, rinmnietinn• s R Crindition of Reimbursement employer, services, and programs provider DcH -0584( E) (Rev 4/04)',,Ar) Previous Edition Obsolete ATTACHMENT 6 AUDIT STATUS NOTIFICATION LETTER (Required for suorecipient Contactors claim rig exemption from audit submission requirements) Please fill in the following information, sign after the statement below and mail this form to: Michigan Department of Community Health, Office of Audit, Quality Assurance and Review Section, P.O. Box 30479, Lansing, MI 48909-7979 or fax it to: (517) 338-5443. Form is due to the Department within nine months after the end of the Contractor's fiscal year. Please do not submit this form with your signed agreement. Agency Name: Address: Federal ID Number: For Agency's Fiscal Year Ended (month/date/year): Agency Contact Person (Name, Title, Phone it): The purpose of this letter is to comply with Michigan Department of Community Health (MDCH) grant contract audit requirements. I certify that the agency listed above expended less than $500,000 in federal awards from all funding sources, and expended less than $500,000 total MDCH funding. I also certify that our agency's financial statement audit did not include any disclosures related to current or prior years that could negatively impact MDCH- funded programs. Therefore, we are not required to submit either a Single Audit or Financial Statement Audit to MDCH. Signature Print Name/Title Date STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372 (intergovernmental review of federal programs); and, 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements), The appl:caiit also specifically assures and certifies that 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds suffcient to nay any required non-federal share of project cost) to ensure proper planning, management, and competion of the project descrioed in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or pi eseriL LI uf personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the General Accounting Office, througn any authorized representative, access to and the right to examine all paper or electrork records related to the financial assistance. 4, It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63. 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of IlisLudL piuieit t s), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subgiailleesu Luntiaciors to eulaoly) with any applicable statotorily-'mposed lull sLIulIiIILiul requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C, § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and, the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith- based and community organizations). 7. If a governmental entity: a. It will comply with the requirements of the Uniform Relocation Assistance and Rea Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatineill uF per SUI1S dild d result of federal and federally-assisted programs; and, b. It will comply with requirements of 5 §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations efore completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug- Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. LOBBYING 1. 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 applicant certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, 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; b. 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 agency, 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; c. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under gr di lb di 11.1 cooperative agreements, and subcontracts) and that all sub- recipients shall certify and dIselese ciLcurdillyly. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 1. The applicant certifies that it and Its principals: a. Are not presently debarred, suspended, ptopu.sed foi derbai meet., declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judynierr.I ei idered ayainst 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 statutesaaa conTmlsston of embezzterrent, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of tne offenses enumerated in paragraph (1)(b) of this certification; d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and, e. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The appaaliit Ler Lifies that it will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an on-going drug-free awareness program to inform employees about a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; anc, d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a), 4. Notifying the emWoyee in the statement required by paragraph (a) that, as a condition of empioyment under tne grant, the employee will: a. Abide by the terms of the statement; and, b. Notify the employer in wilting of Fi i liei conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an ernployee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Deportment of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant, 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or, b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free wcrkplace tnrough implementation of paragraphs (a), (b), (c), (d), (e), and (f). 8. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. UNALLOWABLE EXPENSES AND ACTIVITIES: • Construction costs and/or renovation. • Costs in applying for this grant (e.g. consultants, grant writers, etc.). • Any expenses incurred prior to the date of the contract. • Indirect costs rates or indirect administrative expenses (only direct costs permitted). • Lobbying or advocacy for particular legislative or administrative reform. a Legal fees. • First class travel. • One-time events, prizes, entertainment (i.e., tours, excursions, amusement parks, sporting events). • Mairayei Tient ui administrative training, conferences (only pre-approved project -elated training). • Management studies or research and development (costs related to evaluation Is permitted). • Honorariums, • Fines and penalties. • Fund raising and any salaries ui txpei !SUS assuaialed with it. • Purchase of land. • Losses from uncollectible bad debts. • Memberships and agency dues, j nless a specific requirement of the project (prior approval required). • Contributions arid donations. • Compensation to federal or state empioyees for travel or consulting fees. • Military type equipment such as armored vehicles, explosive devices, and other items typically associated with the military arsenal. • Informant fees, rewards or buy money. • • Vehicles, vessels or aircraft. CONDITIONS ON EXPENSES Costs must be reasonable and necessary. If required by the parent agency, costs must be sustained by competitive bids. All contracts and subcontracts require prior approval by the Office of Drug Control Policy. If detailed information is not included pdrl of-the application process, the grantee must submit a request seeking approval once the subcontractors are identified. Individual consultant fees are limited to $450 (excluding travel, lodging and meal costs) per day, which includes legal, medical, psychological and accountant consultants. If the rate will exceed $450 for an eight-hour day, written approval is required from the Office of Drug Control Policy. Compensation for individual consultant services is to be responsible and consistent with that paid for similar services in the market place. Food and beverage costs require prior written approval, The written proposal must include a working agenda of planned activity. Breakfasts and dinners will generally not be paiC. PROGRAM INCOME The Department of Justice regulations allow grantees to keep funds (program income) derived from grant activities, so long as these funds are used for the same purposes as the grant project, In the absence of such regulations, these funds would be required to be returned to the Department of Justice. Asset forfeiture and la D fees are the most prominent program income derived from grant activity. Department of Justice regulations require that program income be held in the custody of a governmental entity, with reporting on those funds to the state agency administering the Byrne Justice Assistance Grants. Program Income Reports are to be filed quarterly, and are attached to the supplied Quarterly Progress Reports. ADDENDUM FOR DRUG TREATMENT COURTS (ONLY)* The Agency agrees to undertake, perform, and complete the additional services as described below. It is understood and agreed tnat all other conditions of the original agreement remain the same. 1. The Contractor is required to submit copies of the subcontractors' Quarterly Program Reports that detail the progress of each drug court program funded. Subcontractors must submit such reports to the Agency by the following dates: January 20, 2009 April 20, 2009 July 20, 2009 October 20, 2009 2. The Contractor shall refer to the Violent Offender definition outlined in the Michigan Public Act No. 224 and ensure that such offenders will be excluded from drug court programs. 3. The Contractor must comply with the Key Components of drug courts as specified by the U.S. Department of Justice, Drug Courts Program Office and the National Association of Drug Court Profebsiulials end cis outlined by the following: • Key Component #1: Drug Courts integrate alcohol and other drug treatment services with justice system case processing. • Key Component #2; Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights. • Key Component#3: Eigible participants are identified early and promptly placed in the drug court program. • Key Component #4: Drug Courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. • Key Component #5: Abstinence is monitored by frequent alcohol and other drug testing. • Key Component #6: A coordinated strategy governs drug court responses to participants compliance. • Key Component #7: Ongoing judicial interaction with each drug court participant is essential. • Key Component #8: Monitoring and evaluation measure the achievement of program goals and gauge effectiveness, • Key Component #9: Continuing interdisciplinary education promotes effective drug court planning. implementation. and operations. • Key Component #10: Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court effectiveness. In collaboration with the local Substance Abuse Coordinating Agency and consistent with the Memorandum of Understanding or agreement, contractors receiving substance abuse treatment dollars through the Byrne Justice Assistance Grant must use licensed and accredited substance abuse treatment providers, 4, The Contractor agrees that funds awarded under this grant will not be useo to support any inherently religious activities, such as worship, religious instruction, or proselytzation. If the Contractor refers participants to, or provides, a non-Federally funded program or service that incorporates such religious activities, (1) any such activities must be voluntary for program participants, and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non-Federally funded program or service that incorporates Inherently religious activities is deemed a critical treatment or support service for program participants, the grantee agrees to identify and refer participants who object to the inherently religious activities of such program or service to, or provide, a comparable secular alternative program or service. 5. The Contractor must ensure that drug court participants are employed, seeking employment, or engaged in activities to enable them to be employed. 6. The Contractor must ensure that a plea by participants is required; no deferred prosecution. 7. The Contractor must ensure that treatment and rehabilitative services provided are based upon a comprehensive assessment of pa,ticinI. Participation in cognitive behavioral and restructuring, 12-step, and other faith-based programs is encouraged. 8. The Contractor must ensure thdl. pwLiLipiItS mdke some payment toward drug court costs. Payments may be on a sliding fee scale, ability to pay basis. * Byrne 3AG funded Drug Treatment Courts through MDCH Office of Drug Control Policy ADDENDUM for DRUG TREATMENT COURTS (ONLY1 The Agency agrees to undertake, perform, and complete the additional services as described below. It is understood and agreed that all other conditions of the original agreement remain the same 1. The Contractor is required to submit copies of the subcontractors' Quarterly Program Reports that detail the progress of each Drug Court program funded, Contractors must submit such reports to the Department by the following dates: January 30, 2008 April 30, 2008 July 30. 2008 October 30, 2008 2. The Contractor shall refer to the Violent Offender definition outlined in the Michigan Public Act No. 224 and ensure that such offenders will be excluded from drug court programs. 3. The Contractor must comply with the Key Components of Drug Courts as specified by the U.S Department of Justice, Drug Courts Program Office and the National Association of Drug Court Professionals and as outlined by the following: Key Component #1 Drug Courts integrate alcohol and other drug treatment services with justice system case processing. Key Component #2 Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights. Key Component #3 Eligible participants are identified early and promptly placed in the Drug Court program. Key Component #4 Drug Courts provide access to a continuum of alcohol. drug, and other related treatment and rehabilitation services. Key Component #5 Abstinence is monitored by frequent alcohol and other drug testing. Key Component #6 A coordinated strategy governs drug court responses to participants' compliance. Key Component #7 Ongoing judicial interaction with each Drug Court participant is essential. Key Component #8 Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Key Component #9 Continuing interdisciplinary education promotes effective Drug Court planning, implementation, and operations. Key Component #10 Forging partnerships among Drug Courts, public agencies, and community-based organizations generates local support and enhances Drug Court effectiveness. In collaboration with the local Substance Abuse Coordinating Agency and consistent with the Memorandum of Understanding or agreement, contractors receiving substance abuse treatment dollars through the Byrne Just .ce Assistance Grant must use licensed and accredited substance abuse treatment providers. 5. The Contractor agrees that funds awarded under this grant will not be used to support any inherently religious activities, such as worship, religious instruction, or proselytization. If tine Contractor refers participants to. or provides, a non-Federally funded program or service that incorporates such religious activities, (1) any such activities must be voluntary for program participants. and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non-Federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program participants. the Contractor agrees to identify and refer participants who object to the inherently religious activities of such program or service to, or provide, a comparable secular alternative program or service. The Contractor must ensure that Drug Court participants are employed, seeking employment, or engaged in activities to enable them to be employed. 7. The Contractor must ensure that a plea by participants is required; no deferred prosecution. B. The Contractor must ensure that treatment and rehabilitative services provided are based upon a comprehensive assessment of participant needs. Participation in cognitive behavioral and restructuring. 12-step, and other faith-based programs is encouraged. 9. The Contractor must ensure that participants make some payment toward Drug Court costs. Payments may be on a sliding fee scale, ability to pay basis. *Byrne JAG funded Drug Treatment Courts through MDCH Office of Drug Control Policy Byrne Justice Assistance Grant American Recovery and Reinvestment Act of 2009 Non-Supplanting and Reporting Reauirements ODCP Project Title: CLEV.15 LRiviS Application Services Technolonv Enhancement. ODCP Project Number: 5C06g-l-C9 -B Please note that the non-supplanting and reporting requirements also apply to all subcontracts that are awarded from your funding. The contractor is responsible for ensuring subcontractor compliance to the following information. Nory-Supplanting The Byrne ivlemoria . Formula Justice Assistence Grant (Byrne JAG) Program reauires tnat federa funds not be used Co suoniart state or local funds. The contractor must assure that federal funds v‘till not be used to rep:ace or suppiant state or local funds, Out will be used to increase the amount of stcn funds that wouid, in trre -a-trs-e-rferf-ferceral funds, be made available for crirninai jusvce activit.es . It is imperative !_I,:act,u,s/subcontractors understand that the non-supplanting requirement mandates that Byrne JAG funds may be used only to Supplement (ircrease.) a grantee's bucget and may not supplant (rep:ace) state, local or tribe 1 funds that a grantee otherwise would have spent on positions if t had not received a Byrne JAG award. This means that if your agency vans to: (a) rilre new positions (including fiflng existinc VaCaIILie iat are no longer funded in yo:r agency's nudget): must hire these additprial positions on or after the official grant award start date, above its current budgeted (funded) level of Positions; (h) Rehire personae! who have already been laid off (at the time of application) as a result of state, iccel OF tribal budget cuts! It must rehire the personnel on or after the official grant award start date and maintain documentation showing the date(s) that the positions were laid off and rehired; (c) maintL:ir personnel who are at the time of application) currently scheduled to be laid off on d future date as a resut of state, local cr tribal budget cuts: It must continue to kind the personnel with its own funds from the grant award start date until the date of the scheduled lay-off (e.g., if he Byrne JAG award start date is July 1 and the fay-off is scheduled for Cotober 1, then the Byrne JAG funds may not be used tc fund trio personnel until October 1, the date of the scheduled layoff), end maintain documentation showing the date(s) and reason(s) for the lay-off. [Please note that as long as your DQcncy can document the date that the lay-off(s) would Occur if the Byrne JAG funds were not aN.,allab,e, it may transfer the Personnel to the Byrne JAG funding on or immediately after the date of the .ay-off w i thout formally como!eting the administrative cibsoLidWd with a lay-off for personnei.1 Docun.entfitiull tilat lay be used to prove that scheduled lay-offs are oco..irring for locai economic reasons that are unreiate.d to the availability of Byrne JAG grant fends may include (but are not iirnfted to!) council or departmental meeting minutes, memoranda, notices, or orders discussing the fay-offs; notices provided to the individual personnel regarding the date(s) of the layoffs; and/or budget documents ordering departmental and/or'jurisdiction-wide budget cuts. These records FiLlSt be maintained with your agency's Byrne JAG grant records during the grant period and for three years fbilowing the officio! closeout of t'le. Byrne JAG grant in the event of an audit, monitoring, or other evaluatlon of yo.,r grant compliance. 5 Byrne Justice Assistance Grant American Recovery and Reinvestment Act of 2009 Non-Supolantinq and ReDortino Reouirernents Reporting Dates You arc required to submit (2; Program Reports for 5rne JAG Stimulus Tants on a quarte::y ond a monthly f;nanerai report, subrnssion of timely, complete and accurate progress and financia reuorts is absolutely rnardatory. Delayed or missing reports wiJ cause stop payrnern.s ftr - re:mbursernent and may result in grant closure. Please plan ahead to avoid any non-submission es or problems. Program reports must be downloaded from the ODCP Law Enforcement Section web site: w,,vw.Trichigar.covdcplay..ie.nforeernerit, click Byrne JAG Fund:rg, click Forrrs ane select your program area re;:.-icrt.. Reuorts wiil be ciltcl.Wed to the view reports screen ir iv.AGIC. 1, Pe.-sonnei Reocrt: Personnel Reports are due within (5) days after the end of each quarter. • October 5, 2005 • January 5, 2010 • April 5, 2:110 • July 5, 2010 • October 5, 2010 • January 5, 20:1 • April 5, 2011 • July 5, 2011 • October 5, 2011 • January 5, 2012 • April 5, 2012 • :uly 5, 2012 • Octo:Der 5, 2012 2. Program Reports: Program Reports are due within (20) days after the end of each quarter. • October 20, 2005 • January 20, 2010 • April 20, 2010 • 3u,y 20, 201.0 • October 20, 2010 • January 20„ 2011 • A' prii 20, 2011 • July 20, 211 • October 20. 2011 • :January 20, 2012 • April 20, 2012 • July 20, 2012 • Oc:ober 20, 2012 Finarciai Status 1;,':e.:,orts (TSP.) must be submitted on a monthly ba5,‘,', no lEter than thirty (30) cloys afte- the close of each calendar month. The FSR form and tn-e FSR crm are availaple thru;ugh MAGIC, P4.3.;P o' r'- 01)4 t-3 Sigrilürlof Project Director D-ci Date: I (r' /r/ t Signature of Autnorizc.d Official Date: Byrne Justice Assistance Grant American Recovery and Reinvestment Act of 2009 Non-Supplantina and Reporting Requiremg= ODCP Project Title; CLEVlIS LRMS Application Services Teel-n:110ov Eniancemen% ODCP Project Number; 500E9-1 09-5 1/we certify that I/we have read and understand the attached Non-Supplanting and Reporting requirements. We understand that this also applies to any subcontracts awarded from our funding. Our signatures below represent our commitment to comply with these requirements. Date: Printed Name of Project Direc:tor • 7) / Sir` re or Finan:-ial Officer i,;t:67"..i. et 2 1 A.,,,--Z., 1,1 •.i.,' ) - \ 1 1)) j .-- CA.,' '7. Q-- II n:.--,p. i 2 r7nted Name of Financial Offer Printed Name of Authorized Offfrztal Retirl form `,-o 0Mce of DrLs, Control Policy Att7: Lew Enforcement Section St' F;., Lewis Cass Buildirig 320 5. Wahut l:pnsirg, MI 48913 Fax: (517) 373-2963 beckernamichigan.gcv "'NOTE: Until this form is signed and returned to the Office of Drug Control Policy, funds will not be available to your agency. grant Pd.g.:2 3 Df 3 Subject: Michigan Department of Community Health/Office of Drug Control Policy (MDCH/ODCP) FY 2009 ARRA Byrne JAG (Stimulus) Grant Agreement Message: Congratulations on your FY 2009 ARRA Byrne JAG (Stimulus) grant award! Due to the on-line application process where the authorized official is required to submit the application for consideration as well as any amendments that need to be made to the application, the contract process does not require your organization to sign a Grant Agreement and send it to MDCH/ODCP for signature. Your Authorized Official has already agreed to the terms of receiving a grant and must now electronically Accept the Contract. Note: This is a reimbursable grant, meaning you must encumber the money or pay expenses first and then request reimbursement through the MAGIC sys tern. If your organization requires a signed Grant Agreement by the MDCH/ODCP, or if your organization declines the grant award, please notify your grant advisor by email. The following are instructions for you to download and Accept the Grant Agreement. Please retain this document in your files, as you are accountable for implementing the project according to the Grant Agreement requirements. If you have any questions or difficulty downloading the Grant Agreement, please contact your grant advisor. GRANT AGREEMENT DOWNLOAD - INSTRUCTIONS 1. Login to Magic: www.michigan.gov/magic 2, At the Main Menu, scroll down to your Application 3. Click on the shaded bar titled "Contract History", and then click on "Contract" The Grant Agreement will be created in pdf and viewed on the screen. To print the Grant Agreement, please click on the printer icon. 4. After viewing and downloading the contract, the Authorized Official must electronically accept the contract by either clicking on "Application Menu" or "View Application" at the top of the page there is a highlighted button 'Accept Contract". - 0 - FISCAL NOTE (MISC. . 109248) October 29, 2009 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: OAKLAND COUNTY SHERIFF'S OFFICE/CLEMIS 2009 CLEWS LRMS APPLICATION SERVICES TECHNOLOGY ENHANCEMENTS BYRNE JAG STIMULUS 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 Community Health has awarded $500,000 in federal pass through grant funds as part of the American Recovery Reinvestment Act of 2009 to the Oakland County Sheriffs Office and CLEMIS of Oakland County to enhance its law enforcement records management application services (LRMS). 2. The LRMS enhancement project will be developed in three phases which utilize grants funds of $500,000 for contractual services to complete Phase I - Design and Planning. 3. The total amount of the CLEMIS LRMS Application Services Enhancement project is estimated to be $3.357,000 for the three phases of the project and future grants and appropriations are anticipated to be awarded to continue Phase II and Phase ill of the enhancements. 4. The grant funding for Phase I is a three year grant period starting July 1, 2009 through September 30, 2012. 5. There is no county match or additional positions required. 6. A budget amendment to the Fiscal Year 2010 Special Revenue Budget is recommended to recognize the grant award as follows: GRANT FUND #27342 FY 2010 Revenue 1080305-116150-610313 Federal Operating Gt $500,000 Total Grant Fund Revenue $500,000 Expense 1 080305-1 16150-731458 Professional Svcs $500,000 Total Grant Fund Expense $500,000 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #09248 October 29, 2009 Moved by Jacobsen supported by Coulter the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: CapeHo, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad. Schwartz, Scott, Taub, Woodward, Zack, Burns. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda. were adopted (with accompanying reborb being accepted). I HEREBY APPROVE THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 29, 2009, 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 29th day of October, 2009. eat Ruth Johnson, County Clerk