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HomeMy WebLinkAboutResolutions - 2010.12.09 - 10050December 9, 2010 MISCELLANEOUS RESOLUTION # 10320 BY: PUBLIC SERVICES COMMITTEE. JIM RUNESTAD, VICE CHAIRPERSON IN RE: CIRCUIT COURT FY 2011 MICHIGAN MENTAL HEALTH COURT GRANT PROGRAM (PAMHCGP) — GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Mental Health Court grant program has awarded the 6th Circuit Court funding in the amount of $14,600 for the period of October 1, 2010 through September 30. 2011; and WHEREAS this is the 3rd year of grant acceptance for this program, and WHEREAS this award partially funds the Adult Drug Court's operations. The Court was established to deal with the problems of increasing recidivism, increasing use of alcohoi arid illegal drugs. and the increase in Jail days ordered: and WHEREAS the $14,600 award will be used to provide drug testing supplies and general support to the Adult Drug Court Program. There is no general fund financial obligation. WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the Michigan Supreme Court in the amount of $14,600 for the period of October 1. 2010 through September 30, 2011. 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 of changes, within 15% of the original award, which is consistent with the original agreement approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuations of the special revenue positions in the grant are contingent upon continued future levels of grant funding. Chairperson, on behalf of the Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE , Public Services Committee Vote Motion carried unanimously on a roll call vote t'age 1 or • Nancy Falardeau From: Piir, Gala jpiirg©oakgov.corni Sent: Thursday, November 04, 2010 3:23 PM To: 'Cooperrider, John': Davis. Pamela'; 'Falardeau, Nancy' Cc: 'Plotkowski, Andrea'; 'Karen Agacinski' Subject: GRANT REVIEW SIGN OFF - Circuit Court - FY 2011 Michigan Mental Health Court Grant Program (MMHCGP) - Grant Acceptance Please Note: The requested contract modifications have been made and are included in the aftaebed revised agreement. This version of the agreement should be included in all Board of Commissioner packets. GRANT REVIEW SIGN OFF — Circuit Court GRANT NAME: FY 2011 :Michigan Mental Health Court Grant Program (MMHCGP) FUNDING AGENCY: Michigan State Court Administrative Office DEPARTMENT CONTACT PERSON: Pamela Davis /John Cooperrider 8-0247 / 8-0256 STATUS: Grant Acceptance DATE: November 4, 2010 Pursuant to Misc. Resolution 401320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be 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 (10/18/2010) Department of Human Resources: Approved. — Cathy Shalla1 (10/18/2010) Risk Management and Safety: Approved per FY2011 contract modifications. — Andrea Plotkowski (11/2/2010) Corporation Counsel: There appear to be no unresolved legal issues in this grant contract. — Karen P. Agacinski (11/2/2010) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of the specifically cited compliance related documents for this grant. American Recovery and Reinvestment Act of 2009 (ARRA) iittp:/Avww,recovery.govi?cv=contgnt!Ilct Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) http://wwweems.hhs ,gov/HIPAAGenInfo/Pownloadsil-11PAAlawdetail.pdf Department of Health and Human Services Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR Part 2) 11/4/2010 fq STATE COURT ADMINISTRATIVE OFFICE MICHIGAN MENTAL HEALTH COURT GRANT PROGRAM FY 2011 GRANT CONTRACT SCAO Project Number I SCAO-2011-075 Start Date: 10/01/2010 End Date: 0013012011 Grantee Name 60 Circuit Court — Oakland County Federal ID Number 38-6004876 Grant Amount $14,600 CFDA Number 16.803 The Michigan Mental Health Court Grant Program (MMHCGP) is administered by the State Court Administrative Office (SCAO) to provide courts and community mental health services programs (CMHSP) funding to plan and implement mental health courts. Funding for the MMHCGP is provided by the American Recovery and Reinvestment Act (ARRA). MtV11-1CGP awards are based on the Grantee's agreement to comply with the policies and procedures set forth in the application, including the assurances and administrative requirements for the program, and this contract. 1. Contract This contract incorporates the Grantee's approved grant application request and final approved budget. 2. Contract Administration The State Court Administrator or his agent shall have full authority to act for the grantor in the administration of this contract consistent with the following provisions. 3. Term of Contract This contract shall be effective upon the signature of the State Court Administrator or Deputy State Court Administrator, and the signature of the Grantee's authorizing official and chief judge. The contract shall commence October 1, 2010, and shall terminate on September 30, 2011, unless terminated earlier according to provisions in section 20. Funding under this contract does not guarantee future funding from the MMHCGP. 4. Contract Funding Upon approval of the Grantee's application and signing of this contract, SCAO agrees to provide funding from the MIVINCGP in an amount not to exceed the amount of the grant contract. in no event does this contract create a charge against any other funds of SCAO or the Michigan Supreme Court. MMHCGP — FYI 1 Rev. 10-26-10 Page 1 TVIMI-CGP — FYI I Rev. 10-26-10 Page 2 1n1111 /10/1 5. Program Budget and Agreement Amount A. The total amount of this agreement is $14,600. The Catalog of Federal Domestic Assistance (CFDA) number is 16.803 and the CFDA Title is FY09 Recovery Act Edward Byrne Memorial Justice Assistance Grant; the federal agency name is United States Department of Justice; the federal grant award number is 2009-SU-B9-0017, and the federal program title is Recovery Act Byrne JAG 2009. The grant agreement is designated as a sub-recipient relationship. B. Any Grantee equipment purchases supported in whole or in part through this agreement must be listed in the supporting Equipment Inventory Schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit, Title to items having a unit acquisition cost of less than $5,000 shall vest with Grantee upon acquisition. SCAO 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 SCAO's proportionate interest in such equipment supports such retention or transfer of title. 6. Conduct of the Project A. The Grantee shall abide by all terms and conditions required by the application assurances, budget requirements, and the Grantee's approved program outline and budget. The Grantee must obtain prior approval from SCAO before any program changes or budget adjustments exceeding $1,000 are implemented during the grant period. B. The Grantee shall operate its mental health court project in accordance with the application assurances. C. The Grantee shall comply with all applicable federal, state, and local laws, rules, and regulations_ 0. The Grantee agrees that funds awarded under this grant will not be used to support any inherently religious activities, such as worship, religious instruction, or proselytizing. If the Grantee 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 a comparable secular alternative program or service. 7. Assignments and Subcontracts All provisions and requirements of this contract shall apply to any subcontracts or agreements the Grantee may enter into in furtherance of its obligations under this contract_ The Grantee shall provide copies of all subcontracts for services funded in whole or in part by this grant to SCAO for review. B. Human Subjects The Grantee must submit all research involving human subjects conducted in programs sponsored by SCAO, or in programs that receive funding from or through the state of Michigan, to the Michigan Department of Community Health's (MDCH) Institutional Review Board (IRB) for approval prior to the initiation of the research. 9. Confidentiality Both SCAO and the Grantee shall assure that medical services to, and information contained in the medical records of, persons served under the provisions of this contract, or other such recorded information required to be held confidential by federal or state law, rule, or i-egulation, in connection with the provision of services or other activity under this agreement, shall remain confidential. Such information 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, if the disclosure does not directly or indirectly identify particular individuals. 10. Health Insurance Portability and Accountability Act, 42 CFR Part 2, and Michigan Mental Health Code The Grantee assures that it is in compliance with the Health Insurance Portability and Accountability Act (H1PAA), 42 CFR Part 2, and applicable confidentiality provisions of the Michigan Mental Health Code, if and to the extent that they are applicable to the services that the Grantee provides under this contract. These requirements include: A. The Grantee must not share any protected health or other protected data and information provided by SCA° or any other source that falls within HIPAA, 42 CFR Part 2, andior the Michigan Mental Health Code requirements, except to a subcontractor as appropriate under this contract. B. The Grantee must require, in the terns and conditions of the subcontract that a subcontractor not share any protected health or other protected data and information from SCAO or any other source that falls under HIPM, 42 CFR Part 2, and/or Michigan Mental Health Code requirements. C. The Grantee must use protected data and information only for the purposes of this contract. D. The Grantee must have written policies and procedures addressing the use of protected data and information that falls under HIPAA, 42 CFR Part 2, and/or Michigan Mental Health Code requirements. The policies and procedures must meet all applicable federal and state requirements including HiPAA, 42 CFR Part 2, andtor Michigan Mental Health Code regulations. These policies and procedures must include restricting access to the protected data and information by the Grantee's employees. E. The Grantee must have a policy and procedure to report to SCAO unauthorized use or disclosure of protected data and information that falls under the HIPM, 42 MMHCGP — FY11 Rev. 10-26-10 Page 3 CFR Part 2, and/or Michigan Meotal Health Code requirements of which the Grantee becomes aware. F. Failure to comply with any of these contractual requirements may result in the termination of this contract in accordance with section 20. G. To the extent that HIPAA, 42 CFR Part 2, and/or Michigan Mental Health Code requirements may apply to the terms and conditions of this contract, the Grantee acknowledges that it may be liable for any claim, loss, or damage relating to its unauthorized use or disclosure of protected data and information received by the Grantee from SCAO or any other source. 11. Independent Contractor Status A. Both parties to this contract will be acting in an independent capacity and not as an agent, employee, partner, joint venturer, or associate of one another. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose. B. The Grantee understands and agrees that all persons furnishing services pursuant to this contract are, for purposes of workers' compensation liability or other actions of employee-related liability, not employees of SCAO or the Michigan Supreme Court. The Grantee bears the sole responsibility and liability for furnishing workers' compensation benefits to any of its employees for injuries arising from or connected with services performed pursuant to this contract. 12. Liability 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 Grantee in the performance of this contract shall be the responsibility of the Grantee, and not the responsibility of SCAO provided that nothing herein shall be construed as a waiver of the governmental immunity that has been provided to the Grantee or its employees by statute or court decision. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the SCAO in the performance of this contract shall be the responsibility of SCAO provided that nothing herein shall be construed as a waiver of the governmental immunity that has been provided to the SCAO or its employees by statute or court decision. 13. Debarment and Suspension The Grantee may not contract with or make any award of the MMHCGP funds at any time to any party that has been debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension," 14. Acquisition, Accounting, Recordkeeping, and Inspection A. The Grantee agrees that all expenditures from this contract. including the MMHOGP — FY11 Rev. 10-26-10 Page 4 acquisition of personnel services, contractual services, and supplies. shall be in accordance with: (1) the standard procedures of the Grantee's unit of government, and (2) the administrative and budget requirements of the MMHCGP. B. The Grantee agrees to maintain accounting records following generally accepted accounting principles for the expenditure of funds for the purposes identified in the approved grant request, final approved budget, and any applicable approved contract addendum and/or budget amendment. C. The Grantee agrees that the Michigan Supreme Court, SCAO, the local government audit division of the Michigan Department of Treasury, the State Auditor General, or any of their duly authorized representatives, including program evaluators and auditors, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, books, accounts. data, time cards, or other records related to this contract. The Grantee shall retain all books and records, including all pertinent cost reports, accounting and financial records, or other documents related to this contract, for five years after final payment at the Grantee's cost. Federal and/or state auditors, and any persons duly authorized by SCAO, shall have full access to and the right to examine and audit any of the materials during the term of this contract and for five years after final payment. If an audit is initiated before the expiration of the five-year period, and extends past that period, all documents shall be maintained until the audit is complete. SCAO shall provide audit findings and recommendations to the Grantee. SCAO may adjust future or final payments if the findings of the audit indicate over- or under-payment to the Grantee for the period audited, subject to the availability of funds for such purposes. If an audit discloses an overpayment to the Grantee, the Grantee shall immediately refund all amounts that may be due SCAO. Failure of the Grantee to comply with the requirements of this section shall constitute a material breach of this contract upon which SCAO may cancel, terminate, or suspend this contract. D. The Grantee's accounting system must maintain a separate fund or account that segregates MMHCGP contract receipts and expenditures from other receipts and expenditures of the Grantee. 15. Accountability for Michigan Mental Health Court Grant Program Funds The Grantee agrees that it will not expend funds obtained under this contract for any purpose other than those authorized in the administrative requirements specified in the application and revised approved budget for the MMHCGP, and will expend grant funds only during the period covered by this contract unless prior written approval is received from SCAO. 16. Responsibilities — Grantee A. Publication Rights 1. When activities supported by this agreement produce books, films, or other such copyrightable materials issued by Grantee, the Grantee may copyright such materials, but shall acknowledge that the SCAO reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, MMHCGP -. FY11 Rev. 10-26-10 Page 5 publish, and use such materials, and to authorize others to reproduce and use such materials. This publication right does not include service recipient information or personal identification data. 2. Any materials bearing SCAO's name must be approved by SCAO prior to reproduction and use, 3. The grantee shall give recognition to SCAO in any and all publications, papers, and presentations arising from the program and service contract. B. Fees The Grantee shall make reasonable efforts to collect 1 s1 and 3 1 party fees, where applicable, and report these as outlined in SCAO's fiscal procedures. Any under- recoveries of otherwise available frees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. 17. Program Review and Monitoring The Grantee shall give SCAO and any of its authorized agent's access to the mental health court at any reasonable time to evaluate, audit, inspect, observe, and monitor the operation of the program. The inspection methods that may be used include, but are not limited to onsite visits, interviews of staff and mental health court participants, and review of case records, receipts, monthlyiquartedy statistical reports, and fiscal records. 18. Reports SCAO will provide report forms of all required reports. The Grantee agrees to submit timely, complete, and accurate reports as identified in this contract, and the application assurances and administrative requirements for the MMHCGP to SCAO as follows: A. ARRA Quarterly Personnel Report This report must be submitted via email by 5 p.m. on January 1, April 1. July 1, and October 1 of 201t B. ARRA Financial Status Report This report must be submitted on a monthly basis, no later than 14 days after the close of each calendar month. C. SCAO Financial Report This report is due by January 31, April 30, July 31, and October 10 of 2011. D. SCAO Progress Report This report is due on April 30 and October 20 of 2011, E. SCAO Data Reports Data Validation Reports and Data Exception Reports are due February 15, May 15, August 15, and November 15 of 2011. F. Minimum Standard Data This data for each participant who is screened and accepted into the program MMHCGP FY11 RRy. 10-26-10 Page 6 must be entered into the Mental Health Court module of the Specialty Court Case Management System. G. Reporting Compliance The Grantee is responsible for the timely, complete, and accurate submission of each required report and data as outlined in sections A, B, C, D, E. F, and G above. "There will be strict enforcement of adherence to the submission of ARRA reports. If any ARRA report is not submitted by the specified due date, a forfeiture notice will be sent to the Grantee via email notifying it that its funding award will be rescinded due to contract noncompliance if the missing report is not submitted within 48 hours. "lf any SCAO report is thirty days past the due date, a delinquency notice will be sent out via e-mail notifying the Grantee that it has fifteen days to comply with the reporting requirement. Forty-five days past the due date a forfeiture notice will be sent to the Grantee via the U.S. Postal Service notifying it that its funding award has been rescinded due to contract noncompliance. H. Grant Funding Reallocation SCAO retains the right to reallocate grant funding if ongoing progress is not being made toward achieving the program's goals and objectives and/or in the implementation of the mental health court grant project as defined in the approved grant request. Reimbursement for grant costs and/or future funding may be withheld or denied if any of the required reports in this section are received forty-five days past their due date. 19. Reimbursement A. Reimbursement from SCAO is based on the understanding that SCAO funds will be paid up to the total SCAO allocation as agreed to in the approved budget. The Grantee shall sign up through the online vendor registration process to receive all state of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits. Registration information is available through the Department of Management and Budget's website at: htto://www.michioan.govibudget/0,1607,7-157-13404 37161-179392--,00.html C. Any travel reimbursement will be paid based upon current State of Michigan travel practices. 20. Budget Modification Adjustments in expenditures up to $1,000 within line item categories in the approved budget and transfers up to $1,000 between line item categories in the approved budget may be made without the prior written approval of SCAO. Requests for adjustments in expenditures within line items and between line item categories exceeding $1,000 must be made using a Contract Adjustment Request form, which can be obtained from SCAO. MMHG:3P — FYI Rev. 10-26-10 Page 7 21. Audits This section only applies to Grantees designated as sub-recipients. Grantees designated as vendors are exempt from the provisions of this section. A. Required Audit or Notification Letter Grantees must submit to the SCAO a Single Audit, Financial Statement Audit. or Audit Status Notification Letter as described below. If submitting a Single Audit or Financial Statement Audit, Grantees must also submit a Corrective Action Plan for any audit findings that impact SCAO-funded programs and a management letter (if issued) with a response. 1. Single Audit Grantees that expend $500,000 or more in federal awards during the Grantee's fiscal year must submit to SCAO 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). 2. Financial Statement Audit Grantees exempt from the Single Audit requirements that receive $500,000 or more in total funding from SCAO in state and federal grant funding must submit to SCAO a Financial Statement Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact SCAO-funded programs including, but not limited to, fraud, financial statement misstatements, and violations of contract and grant provisions. 3. Audit Status Notification Letter Grantees exempt from both the Single Audit and Financial Statement Audit requirements (1. and 2. above) must submit an Audit Status Notification Letter that certifies these exemptions. B. Due Date and Where to Send The required audit and any other required submission (i.e., Corrective Action Plan and management letter with a response), or audit Status Notification letter must be submitted to SCAO within nine months after the end of the Grantee's fiscal year to: Michigan Supreme Court State Court Administrative Office Hall of Justice 925 West Ottawa P.O. Box 30048 Lansing, Michigan 48909 Attn: Ms. Kathryn Van Asperen C. Penalty 1, Delinquent Single Audit or Financial Statement Audit If the Grantee does not submit the required Single Audit reporting MMHCGP - FY11 Rev. 10-26-10 Page 8 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 Grantee's fiscal year, and an extension has not been approved by the cognizant or oversight agency for audit, SCAO 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 SCAO SCAO may retain the amount withheld if the Grantee 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. SCAO may terminate the current grant if the Grantee 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. 2. 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. D. Other Audits SCAO or federal agencies may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs, 22 Funding Hold or Termination SCAO may place a funding hold on contracted amounts not yet disbursed, or terminate this contract if it concludes that the Grantee is not in compliance with the conditions and provisions of this contract, the application assurances, and administrative requirements, or the budget requirements of the MMHCGP. SCAO may extend an opportunity for the Grantee to demonstrate compliance. Notification of a funding hold or termination will be in writing. 23. Contract Termination SCAO may cancel this contract without further liability or penalty to SCAO for any of the following reasons: A. This contract may be terminated by either party by giving thirty days written notice to the other party stating the reasons for termination and the effective date. B. This contract may be terminated on thirty days prior written notice upon the failure of either party to carry out the terms and conditions of this contract, provided the alleged defaulting party is given notice of the alleged breach and fails to cure tie default within the thirty-day period. C. This contract may be terminated immediately if the Grantee or an official of the Grantee is convicted of any activity referenced in section 12 of this contract during the term of this contract or any extension thereof. MMHCGP — FY11 Rev. 10-26-10 Page 9 D. This contract may be terminated immediately without further financial liability to SCAO if funding for this contract becomes unavailable to SCA°, 24. Conflict of Interest The Grantee and SCAO 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) at seq. 25. State of Michigan Contract This is a state of Michigan contract, governed by the laws of Michigan, and any litigation arising as a result of this contract shall be resolved in courts of the state of Michigan. Authorized By: State Court Administrative Office Date Acceptance by Grantee: Authorizing Official (Signature and Title) Date Authorizing Official (piease print name and title) Authorized Official: Must be a person who is authorized to enter into a binding contract for the entity receiving funds. The Authorized Official is normally from the Executive or Legislative Branch of the entity (e.g., City Manager, Mayor, Council President, Board Chairperson, Chief Financial Officer etc.). lnAMFICOF — FYI 1 Rev. 10-26-10 Page 10 J Supplies/Operating I Travel 1 Total Project Cost fin funding source) $ 7.820 $ 6,780 S14.600 A Lc E I 17 Personnel Fringe .Benefits Contractual S $0 $0 $0 S 7,82Q S 6 780 514.600 I $ _ FYil MMHCGP Budget Summary (Revised) Court Name: sixth Circuit Court-Oakland County Contract Year: 201.1 Budget Summary MMHCGP Award (SCAO) Other Grant or Funding Sources (Specify) Cash Contributions Contributions TOTAL COST Budget Category Summary of Drug Cottrt Funding 1 G 1vIMHCGP Award (SCAO) , $14,600 H Other Grant or Fundinv Sources (identify) 3 Local Contributions (CASH) 1 $ J Local Contributions (in-Kind) $ K TOTAL for All Funding Sources $14,600 MMI-ICGP FY11 Rev. 10-26-10 Page 1 1 FY11 MNIFICGP Budget narrative (Revised) The budget narrative should justify all costs associated with the proposed project. Use additional pages as needed. A. Personnel: N/A B. Fringe Benefits: N/A C. Contractual: D. Supplies and Operating: Drug Screens: Assist up to 10 participants with drug screen expenses annually. Drug Screening panels at RESULTS costs 84.00. The average number of screens per participant is 4-5 drug and 4 PBT's per month at average costs of S90.00 a month. Assistance will be given for up to five and 1/2 months at a cost of approximately 8500.00 per participant/per six months for a total of approximately S5,000. Additional Supplies/Operating Costs Funds are requested for the purchase of program brochures/pamphlets, self-help materials, assessment and testing materials. It is anticipate that these expenses will total $2,820. E. Travel: Provide travel expenses to ATC-MHC core team members for trainings, conference expenses and mileage. It is estimated that 83,000 will be used for the mileage, conferences and other travel expenses. Transportation: Assist participants who experience transportation problems with 31-day bus passes at a cost of 866.00 each x 30 for a total of $1980. There are at least 10-12 participants at any given time who have no transportation and can utilize the bus system. Assist participants who have operational vehicles but who have not yet secured stable, gainful employment with gas cards. Approximately 10-15 participants fall into this category at any given time. Provide 60 gas cards at $30.00 each for a total of S1800. MMHCGP FYI 1 Rev. 10-26-10 Page 12 Namedlosition Computation (Hours/Rate) MMHCGP Award (SCAO) Other I Grant Or Cash Funding 1 Contributions Sources 1 In-Kind TOTAL 1 Contributions COST FY11 MMHCGP Budget detail worksheet (Revised) A. Personnel . B. Fringe Benefits Employer FICA c',,; Retirement % . -------9—n-- n Vision insurance 94, Unemployment insurance % ._ n Health insurance °A Worker's Compensation % • Dental insurance a Life Insurance /0 Other % Da Other Composite Rate MMHCGP I Other Grant or Cash In-Kind TOTAL Award Funding Contributions Contributions COST (SCAO) ' ,...— Fringe Benefits Total , 1 $ ' $ S - Total Personnel and ,5 $ , .s. .. "fritaiiii: Ii7:;44-ZT 47 '-'."-:::-:::'' ' _, : , , . • 1' : tr, Unit Cost of MMHCGP Other Cash In-Kind TOTAL ' Name of Contractor Service & Award Grant or 1 Contributions Contributions COST ' # of Units (SCAO) Funding I 1 1 CPI (Treatment) I 5 5 5 1 $ S Services to be provided: , . . S Services to be provided: 3. 5 Services to be provided: 4. S jT S . $ 1 Services to be Irovidecl: 1 Total Contractual . 1 .., D Supplies/Operating Unit Cost of Item & 1 MMHCG-P Other Cash 1 In-Kind 1 TOTAL 1 Item Award Gram or , # of Units ! (SCAO,) . Funding Contributions ; Contributions COST _Brocitures'Panipitlets ; S .40 (x 25001 , $1000 S S S 51000 Self-Help Materia:s $2000 (x 41J 1 $ 820 ,. $ S $ 820 _... Assessment Materials :s5000 ix 20) $1000 : , S : s . 51030 $90 (x 5. 5x10 $ $5000 Drug Screens $ $ ! Total k iog ! ,00 _) 5000 1. I 1 ; $ $ siali alturag 7.820 57.820.00 1 tvl11/11-1CGP — FYI1 Rev. 10-26-10 Page 13 Act No, 177 Public Acts of 2010 Approved by the Governor September 30, 2010 Filed with the Secretary of State September 30, 2010 EFFECTIVE DATE: September 30, 2010 STATE OF MICHIGAN 95TH LEGISLATURE REGULAR SESSION OF 2010 Introduced by Senators Switalski, Cherry and Bishop ENROLLED SENATE BILL No. 1354 AN ACT to amend 1961 PA 236, entitled An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and action; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions mid proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending sections 1062 and 1068 (leICL 600.1062 and 600.1068), section 1062 as amended by 2006 PA 620 and section 1068 as added by 2004 PA 1=4. The People of the State of Michigan oloct: Sec. 1062. (1) The circuit court in any judicial circuit or the district court in any judicial district may adopt or institute a drug treatment court, pursuant to statute or court rules, However, if the drug treatment court will include in its program individuals who may be eligible for discharge and dismissal of an offense, delayed sentence, or deviation from the sentencing guidelines, the circuit or district court shall not adopt or institute the drug treatment court unless the circuit or district ceurt enters into a memorandum of understanding with each participating prosecuting attorney in the circuit or district court district, a representative of the criminal defense bar, and a representative or representatives of community treatment providers. The memorandum of understanding a:se may include other parties considered necessary, such as any other prosecutor in the circuit or district court district, local law enforcement, the probation departments in that circuit or district, the local substance abuse coordinating agency for that circuit or district, domestic violence service provider program that receives funding from the state domestic violence prevention and treatment board, and community corrections agencies in that circuit or district. The memorandum of understanding shall describe the role of each party. 12) The family division of circuit court in any judicial circuit may adopt or institute a juvenile drug treatment court, pursuant to statute or court rules. However, if the drug treatment court will include in its program individuals who may be eligible for discharge or dismissal of an offense, or a delayed sentence, the family division of circuit court shall not adopt or institute a juvenile drug treatment court unless the family division of circuit court enters into a memorandum of understanding with each participating county prosecuting attorney ir. the circuit or district court district, a representative of the criminal defense bar specializing in juvenile law, and a representative or representatives of community treatment providers. The memorandum of understanding also may include other parties considered necessary, such as any other prosecutor in the circuit or district court district, local law enforcement, the proeation departments in that circuit, the local substance abuse coordinating agency for that circuit, a domestic violence service provider program that receives funding from the state domestic violence prevention and treatment board, and community corrections agencies in that circuit. The memoranduin of understanding shall describe the role of each party. A juvenile drug treatment court is subject to the same procedures and requirements provided in this chapter for drug treatment courts created under subsection (1), except as specifically provided otherwise in this chapter. (3) A court that is adopting a drug treatment court shall participate in training as required by the state court administrative office and the bureau of justice assistance of the United States department of justice. (78) E. Travel (mileage for participant purposes) . 1VIMHCGP . Other Cash In-Kind TOTAL Type of Travel Expense . Computation Award ' Grant or Contributions ' Contributions COST (SCAO) funding ! Conferences. Tranungs, 53,000 $3 000 S $ S. S3.000 , Mileage 1 Bos Passes (for 51980 51980 5 S 5 i 980 Participants) 1 Gas Cards (for 51800 51800 5 5 : S $1800 I , Participants) , 1 , C $ $ S $ S-6,7700 $ $ $$6,780 , Total Travel ' ...— -- $S 80 ' $6,780 ' S Date Person Completing Budget (Signature) Print Name Date To be completed by SCAO finance Approved by (signature) Print Name Date Contract Number MFAHCGP – FY11 Rev. 10-26-10 Page 14 (9) A court that has adopted a drug treatment court pursuant to this section may accept participants from any other jurisdiction in this state based upon either the residence of the participant in the receiving j urisdietion or the unavailability of a drug treatment court in the jurisdiction where the participant is charged. The transfer is not valid unless it is agreed to by all of the following: (a) The defendant or respondent. (Ill The attorney representing the defendant or respondent. (c) The judge of the transferring court and the prosecutor of the ease. (d) The judge of the receiving drug treatment court and the prosecutor of a court funding unit of the drug treatment court. Sec. 1068. (I) If the individual being considered for admission to a drug treatment court is charged in a criminal case or, in the case of a juvenile, is alleged to have engaged in activity that would constitute a criminal act if committed by an adult, his or her admission is subject to all of the following conditions: (a) The offense or offenses allegedly committed by the individual must be related to the abuse, illegal use, or possession of a controlled substance or alcohol. (b) The individual, [fan adult, must plead guilty to the charge or charges on the record. The individual, if a juvenile, must admit responsibility for the violation or violations that he or she is accused of having committed. (c) The individual must waive, in writing, the right to a speedy trial, the right to representation at drug treatment court review hearings by an attorney, and, with the agreement af the prosecutor, the right to a preliminary examination. (d) The individual must sign a written agreement to participate in the drug treatment court. (2) In the case of an individual who will be eligible for discharge and dismissal of an offense, delayed sentence, or deviation from the sentencing guidelines, the prosecutor must approve of the admission of the individual into the drug treatment court in conformity with the memorandum of understanding under section 10(32. (3) An individual shall not be admitted to, or remain in. a drug treatment court pursuant to an agreement that would permit a discharge or dismissal of a traffic offense upon successful completion of the drug treatment court program. (4) In addition to rights accorded a victim under the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780,834, the drug treatment court must permit any victim of the offense or offenses of which the individual is charged, any victim of a prior offense of which that individual was convicted, and members of the community in which either the offenses were committed or in which the defendant resides to submit a written statement to the court regarding the advisability of admitting the individual into the drug treatment court. (5) An individual who has waived his or her right to a preliminary examination and has pied guilty or, in the ease of a juvenile, has admitted responsibility, as part of his or her application to a drug treatment court and who is not admitted to a drug treatment court, shall be permitted to withdraw his or her plea and is entitled to a preliminary examination or, in the case of a juvenile, shall be permitted to withdraw his or her admission of responsibility. This act is ordered to taice immediate effect. CAAA-P 6c-Lur- Secretary of the Senate Clerk of the House of Representatives Approved Governor 2 Michigan Supreme Court State Court Administrative Office Trial Court Services Division Michigan Hall of Justice P.O. Box 30048 Lansing, Michigan 48909 Phone (517) 3734835 Richaid Woods Deputy Direcior October 8, 2010 The Honorable Nancy J. Grant Chief Judge 6th Circuit Court Pontiac M148341 RE: FYI 1 Michigan Mental Health Court Grant Prop-am Grant Award Dear Chief Judge Grant: I am pleased to inform you that your court has been awarded a grant from the State Court Administrative Office (SCAO) in the amount of 514,600 from the Michigan Mental Health Court Grant Program (MMHCGP). Funding received from SCAO must be used for the cout operations listed in your grant budget and comply with the terms of the MMHCGP contract. The Michigan Department of Community Health will send notification of their award directly to your local community mental health services program. Your MMI-ICGP contract will be sent to the court project contact person identified on your grant application. Original signed contracts, along with a revised budget based on your 2011 award must be returned to SCAO by November 19, 2010. The award is for the grant period of October 1, 2010, through September 30, 2011. Should you have any questions, please contact me at 517-373-5623, or by e-mail at woodsr@courts.rni. Sincerely, Richard Woods FY11 Michigan Mental Health Court Grant Program Grant Award October 8, 2010 Page 2 cc: Dawn Monk, Deputy State Court Administrator Nancy Becker Bennett, Manager Grants Management Section Judge Joan E. Young, MHC Judge Judge Cotleen A. O'Brien, MHC Judge Kevin Oeffner, Court Administrator Pamela Davis, Project Coordinator Deb Green, Regional Administrator FISCAL NOTE (MISC . 110320) December 9, 2010 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: CIRCUIT COURT — FY 2011 MICHIGAN MENTAL HEALTH COURT GRANT PROGRAM (141MHCGP) GRANT ACCEPTANCE To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule Xll-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 6th Circuit Court has been awarded a grant in the amount of $14,600 from the Michigan Mental Health Court grant program to assist in funding the Court's Adult Drug Court. 2. This is the third year of this grant award. 3. The grant period is October 1, 2010 to September 30, 2011 4. There are no personnel costs associated with this grant and not grant match required. 5. The FY 2011 Special Revenue budget is amended as follows to recognize the grant award: Michigan Mental Health Court Grant FY 2011 FY 2011 FY 2011 Fund #27175 Grant #GR0000000423 Adopted Budget Amended Budget Amendment Budget Circuit Court -Civil Criminal Division Revenue 3010301-121200-615571 Grants State $ 0 $ 14,600 $ 14,600 Total Revenue $ 0 $ 14,600 $ 14,600 Expenditures 3010301-121200-750280 Lab Supplies $ 0 $ 7,820 $ 7.820 3010301-121200-732018 Travel and Conference 0 6 780 6,780 Total Expenditures $ 0 $ 14,600 $ 14,600 FINANCE COMAMiTTEE ( FINANCE COMMITTEE Motion carried unanimously on a roil call vote with Woodward absent. 71/i // Resolution #10320 December 9,2010 Moved by Middleton supported by Coleman the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Bullard, Burns, Coleman, Coulter. Douglas, Gershenson, Gingell, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash. Potts, Runestad, Schwartz, Scott, Taub, Woodward. Zack. (22) NAYS: (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). e•••• I HEREBY APPROVE THE FORM RESMTION 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 December 9, 2010, 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 9th day of December, 2010. Ruth Johnson, County Clerk