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Resolutions - 2011.11.02 - 18784
November 2, 2011 MISCELLANEOUS RESOLUTION #11267 BY: PUBLIC SERVICES COMMITTEE, JIM RUNESTAD, CHAIRPERSON IN RE: 52/3 DISTRICT COURT — 2012 SOBRIETY COURT TREATMENT GRANT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division III (Rochester Hills) applied for and was awarded a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1,2011 through September 30, 2012; and WHEREAS this is the second (2nd) year of grant funding for this program; and WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and jail overcrowding; and WHEREAS total program funding is $110,151, consisting of $21.000 in grant funding from the State Court Administrative Office (SCAO), plus $89,151 in-kind support from the General Fund, with no required cash match; and WHEREAS the grant award will provide funding for drug testing, professional Services, material and supplies, and travel. This grant does not fund any positions and the in-kind support is currently budgeted in the General Fund. WHEREAS the grant agreement has been reviewed and approved through the County Executive's Contract Review Process and the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 52/3 District Court 2012 Sobriety Court Treatment grant award in the amount of $21,000 for the period of October 1,2011 through September 30, 2012. BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Board Chairperson to sign the grant agreement for the total program amount of $110,151, which includes the grant award of $21,000 and the in-kind support from the General Fund of $89,151. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #3 of that year's grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully executed with the County's obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of this grant program is contingent upon continuation of State funding and other program costs associated with this grant are contingent upon future levels of grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote Nancy Wenzel From: Piir, Gaia <piirg©oakgov.com > Sent: Friday, October 21, 2011 4:07 PM To: gillertrgoakgov.com ; 'Falardeau, Nancy' Cc: 'Agacinski, Karen'; plotkowskia@oakgov.com Subject: GRANT REVIEW SIGN OFF - 52/3 District Court - 2012 Sobriety Court Treatment Grant (SCAO) - Grant Acceptance Attachments: Grant Accept sign off pkg.pdf; 052-3 DWI Revised.pdf Please Note: The requested contract modifications have been made and are included in the attached revised agreement. This version of the agreement should be included in all Board of Commissioner packets. GRANT REVIEW SIGN OFF — 52/3 District Court GRANT NAME: 2012 Sobriety Court Treatment Grant (SCAO) FUNDING AGENCY: State Court Administrative Office - Michigan Drug Court Program DEPARTMENT CONTACT PERSON: Renee S. Gillert STATUS: Grant Acceptance DATE: October 21, 2011 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be 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 (10/12/2011) Department of Human Resources: Approved. — Karen Jones (10/12/2011) Risk Management and Safety: Approved contingent upon modifications to contract as requested by Corporation Counsel. — Andrea Plotkowski (10/17/2011) Corporation Counsel: There appear to be no unresolved legal issues that require action at this time. — Karen Agacinski (10/20/2011) 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. ture.mi.Rov mri5z55z2uiwv45 milee.aspx? - Aobject&objectname=mcl-Act-317-of- http: .1eRis xRe 2011 PA 63 Drug Treatment Courts: The Ten Key Components http://www.ojp.usdoLgovji .1'"itlfl-antl.Drug.Tourts./Definind)C.pdf Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) http://www.cms.hhs.gov/HIPAAGeninfo/Downloads/HIPAAlawdetail.pdt Department of Health and Human Services Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR Part 2) http://www.access.gpo.gov/riara/cfr/waisidx 02/42cfr2 02.html Executive Order 12549— Debarment and Suspension http://www.archives,Epv/federal-register/codification/executive-order 12549.html Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities —"Act 317 of 1968" 1968&queryid=14761946 Michigan — Standards of Conduct for Public Officers and Employees (Act 196 of 1973) httpl/www.legislature.mi.RoyliK30eoca2irf3u2z55n2kIztms))/milegaspx?page=getObject&objectName=mcl-15-341 Gala V. Piir Grants Compliance and Programs Coordinator Oakland County Fiscal Services Division Phone (248) 858-1037 Fax (248) 858-9724 piirgeoakoov.com 2 Sineereti, , - Dawn A. Walk Deputy State Court Aatoini.strator • h -08 -01 01:16P mackenzie - FU-Ca-01 2;47 FroNSC/4 C-c2i7RAL • 245- 2105 -974-7 P.02 1173732112 - 7-42D F.22/D2 • Michigan StrarerneCourt sra.t Adzni4rdst-4tive Otce 5ax30048 Lansing, Ivrx.-tig=4.139C19 • Priam (5i7) 373.,3130 yohnD_Ferryrjr,ScateCntrtAdministratpr FcbnizrY 6, 2001 Honnrable Brian ManIC.enzie • 52°4 District Court 42130 Grand Rivwe,• Novi, M148374-1222 Dear Judge ManIcitnzie: Pozsuant to our conversation this uuizning regear:ing the Michig= Drug Court Grant Pro,gara, I ani providing infer:nation conotrainz Assizanc:e #4 in t"•c 1112nICZia15. Tne ass=7Ances it-Lc-114:4itt1e iVilatigan Drug Court Grant application raatcriaLs are the sar-rt.a tiac .----s-ur-x.ces required to apply for 22ad ar..cept federal program funding for drug court program" Aaskzance #4 calls for the applicant to provide assurance of a Drop-am% intE2,i1 uouthluc f-,andirag whether that be from local, other atate, far fer*-2.1 our of funding. The Michigan Drug Court Grant Pragraua is st4ct;-€rppropriates! prpirrnm funcled with liraittd st -ttro1 furld duil=s. • The Aladin is intended ic> as.si5t in developing and implementing new *grams and provide Frnited support to conn.'nuing prograntS. It is, howeve; the program's rezponsibiiit7 to 'eventually szelazdaitIonni Nol-wacs of flint:tins. Mi.. thcluiri not hc --NTrirued z ndt for firbare fizeing of a program from the fortding If yau have any further questicms. pica= contact nie. MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2012 GRANT CONTRACT SCAO Contract Number Start Date: 10/01/2011 SCAO-2012-038 End Date: 9/30/2012 Grantee Name 52-3 District Court - DWI Federal ID Number 38-6004876 Grant Amount $21,000 Effective January 1, 2005, Michigan Compiled Laws (MCL) 600.1060 et. seq. authorizes the creation of drug treatment courts in circuit and district courts and the family division of circuit courts in Michigan. In addition, 2011 PA 63, effective June 21, 2011, provides funding for the Michigan Drug Court Grant Program (MDCGP) for 2012. Administered by the State Court Administrative Office (SCAO), the purpose of the MDCGP is to provide funding assistance to operational drug treatment courts and drug treatment courts in the planning stage. The grant agreement is designated as a subrecipient relationship. Funds from the MDCGP are awarded based upon the Grantee's agreement to comply with MCL 600.1060 et. seq., the policies and procedures set forth in the application assurances and administrative requirements for the program, and this contract. Michigan Drug Court Grant Program — FY 2012 1. Contract This contract incorporates the Grantee's approved grant 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, 2011, and shall terminate on September 30, 2012, unless terminated earlier according to provisions in section 21. Funding under this contract does not guarantee future funding from the MDCGP. 4. Contract Funding Upon approval of the Grantee's application and signing of this contract, SCAO agrees to provide funding from the MDCGP 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. 5. 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. Changes to the Mental Health Services line item of the approved budget are prohibited. B. The Grantee shall operate its drug court project in accordance with item #11 of the MDCGP Application Instructions (i.e., Drug Treatment Courts: the Ten Key Components; The Ten Guiding Principles of D WI Courts; Juvenile Drug Courts: Strategies in Practice; or Family Dependency Michigan Drug Court Grant Program FY 2012 2 Courts: Addressing Child Abuse and Neglect Cases Using the Drug Court Model), C. The Grantee shall comply with all applicable federal, state, and local laws, rules, and regulations. D. The Grantee agrees that funds awarded under this grant will not he used to support any inherently religious activities, such as worship, religious instruction, or proselytization. If the Grantee refers participants to, or provides, a nonfederally 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 nonfederally 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. 6. 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 the SCAO. 7. 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 (IB) for approval prior to the initiation of the research. 8. Confidentiality Both SCAO and the Grantee shall assure that medical services to, and information contained in medical records of, persons served under this contract, or other such Michigan Drug Court Grant Program - FY 2012 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. It also 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. 9. Health Insurance Portability and Accountability Act and 42 CFR Part 2 To the extent that this act and these regulations are pertinent to the services that the Grantee provides under this contract, the Grantee assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2 requirements including the following: A. The Grantee must not share any protected health or other protected data and information provided by SCAO or any other source that falls within HIPAA and/or 42 CFR Part 2 requirements, except to a subcontractor as appropriate under this contract. The Grantee must require that the subcontractor not share any protected health or other protected data and information from SCAO or any other source that falls under HIPAA and/or 42 CFR Part 2 requirements in the terms and conditions of the subcontract. C. The Grantee must use the 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 the HIPAA and/or 42 CFR Part 2 requirements. The policies and procedures must meet all applicable federal and state requirements including HIPAA and 42 CFR Part 2 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 Michigan Drug Court Grant Program — FY 2012 4 under the H1PAA and/or 42 CFR Part 2 requirements of which the Grantee becomes aware. F. Failure to comply with any of these contractual requirements may result in the tel mination of this contract in accordance with section 20. G. In accordance with HIPAA andlor 42 CFR Part 2 requirements, the Grantee is liable for any claim, loss, or damage relating to unauthorized use or disclosure of protected data and infonnation received by the Grantee from SCAO or any other source. 10. 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. 11. 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 the 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, and not the responsibility of the Grantee, provided that nothing herein shall be construed as a Michigan Drug Court Grant Program FY 2012 5 waiver of the governmental immunity that has been provided to the SCAO or its employees by statute or court decision. 12. Debarment and Suspension The Grantee may not contract with or make any award of the SCAO drug court grant funds at any time to any party that has been deban -ed or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." 13. Acquisition, Accounting, Recordkeeping, and Inspection A. The Grantee agrees that all expenditures from this contract, including the 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 MDCGP. 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 Michigan Drug Court Grant Program — FY 2012 6 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 underpayment 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 SCA°. Failure of the Grantee to comply with the requirements of this section shall constitute a material breach of this contract upon which the SCAO may cancel, terminate, or suspend this contract. D. The Grantee's accounting system must maintain a separate fund or account that segregates MDCGP contract receipts and expenditures from other receipts and expenditures of the Grantee. 14. Accountability for Michigan Drug 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 Michigan Drug Court Grant Program, and will expend grant funds only during the period covered by this contract unless prior written approval is received from SCAO. 15. Program Review and Monitoring The Grantee shall give SCAO and any of its authorized agents access to the drug 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 onsitc visits; interviews of staff and drug court participants; and review of case records, receipts, monthly/quarterly statistical reports, and fiscal records. 16. Reports The Grantee agrees to provide reports as identified in the application assurances and administrative requirements for the MDCGP to SCAO as follows: Michigan Drug Court Grant Program — FY 2012 7 A. Financial Reports: Financial quarterly reports are due by January 20, April 20, July 20, and October 10. The financial report form template can be located on the Specialty Courts website at hapicourts.michigan.gov/scao/services/SpecialtyCourts/FormsReports.ht m. Please refer to Attachment A for allowable and disallowable expenses pertaining to your MDCGP grant. Progress Reports: Progress reports are due semi-annually. The reports are due April 30, and October 30. The progress reports will list the drug court program's goals and objectives, detail the status of accomplishments for each goal and objectives, discuss any changes in the program's goals and objectives as set forth in the application for grant funding, and describe program activities during the reporting period. The final report must provide a summary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award. C. DCCMIS Data Reports: Recipients of the MDCGP operational funding are required to submit quarterly to SCAO a Drug Court Case Management Information System (DCCMIS) Data Validation and DCCM1S Data Exception Report: 1. Data Validation Report: The number of admissions, discharges, and open eases for the quarter. 2. Data Exception Report: SCAO will provide to each court a list of cases in which data is either missing or appears to be incorrect. The court must review each case and correct the entry or advise SCAO of the reason(s) for the missing data or why the data submitted appears incorrect. These reports are due February 15, May 15, August 15, and November 15. Should a Grantee awarded funds for planning purposes become operational during the contract period, the Grantee will be responsible for submitting the appropriate Data Validation and Data Exception Report for the quarter immediately Michigan Drug Court Grant Program — FY 2012 8 following program implementation and for all subsequent quarters as required above for courts receiving operational funding. DCCMIS User Audit: Grantees awarded MDCGP operational funding are required to submit an annual DCCMIS User Audit Report. This report is due January 31. E. Reporting Compliance: The Grantee is responsible for the timely submission of each required report as outlined in sections A, B, C, and D above. If any report is thirty days past the due date, a delinquency notice will be sent out via e-mail notifying courts that they have fifteen days to comply with the reporting requirement. Forty-five days past the due date, a forfeiture notice will be sent out to courts via the U.S. Postal Service notifying them that their funding award has been rescinded due to contract noncompliance. 17. 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 drug 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. 18. 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 must 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 Technology, Management, and Budget's website at: http ://www .cpex press . state.mi .us . 19. Budget Modification Michigan Drug Court Grant Program — FY 2012 9 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 the Specialty Court website. Note, changes to the Mental Health Services line item of the approved budget are prohibited. 20. Funding Hold or Termination SCAO may place a funding bold 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 MDCGP. SCAO may extend an opportunity for the Grantee to demonstrate compliance. Notification of a funding hold or termination will be in writing. 21. 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 the 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 or this contract during the term of this contract or any extension thereof. Michigan Drug Court Grant Program — FY 2012 10 D. This contract may be terminated immediately without further financial liability to SCAO if funding for this contract becomes unavailable to SCAO. 22. 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) et seq. 23. State of Michigan Contract This is a State of Michigan contract and is governed by the laws of Michigan. 24. Disputes The Grantee and the SCAO agree that, with regard to any dispute between the parties, the parties shall attempt to resolve the dispute through mediation. Selection of a mediator will be by mutual agreement of the parties. The Grantee and the SCAO agree that, in the event that mediation is unsuccessful, any dispute shall be settled by arbitration. Selection of an arbitrator will be by mutual agreement of the parties. The decision of the arbitrator shall be binding on both parties. The award, costs, and expenses of the arbitration shall be awarded at the discretion of the arbitrator. A judgment of any circuit court shall be rendered upon the award made pursuant to submission to the arbitrator. 25. Entire Agreement This contract contains the entire agreement between the parties and supersedes any prior written or oral promises and representations. No other understanding, oral or otherwise, regarding the subject matter of this contract exists to bind either of the parties. 26. Amendment This agreement may be amended only upon written agreement of the parties. Authorized by: Michigan Drug Court Grant Program — FY 2012 11 State Court Administrative Office Date Acceptance by Grantee: Authorizing Official (Signature and Title) Date Authorizing Official (Please Print Name and Title) Chief Judge (Signature) Date Chief Judge (Please Print Name) Michigan Drug Court Grant Program — FY 2012 12 ATTACHMENT A Michigan Supreme Court — State Court Administrative Office FY 2012 Michigan Drug Court Grant Program Allowable Expenses (MDCGP) A. Personnel and Fringe Benefits: Allowable if documented with payroll reports or general ledger for the period. B. Contractual: Consultant fees must conform to federal guidelines and cannot exceed $450 per day or $56.25 per hour. Invoices provided for documentation must include description of service, unit cost, number of units, and dates of service. Allowable contractual expenses include: • Substance abuse and mental health treatment services • Drug testing • Initial assessment exams • Case management/monitoring • Contractual employees Disallowable contractual expenses include: • Attorney fees for indigent defense or prosecution • Follow-up/ongoing medical services • Fees for evaluation services • Evaluator services C. Supplies/Operating: Must be documented with copies of invoices or receipts. Allowable supply/operating expenses include: • Drug testing — Drug testing supplies • Participant incentives (Not to exceed $25) • Transportation expenses for participants (e.g., bus passes) • Registration fees only for the 2012 MADCP conference (up to 3 participants) • Graduation awards/gifts (not to exceed $25) Disallowable supply/operating expenses include: • Drug testing confirmations • Office supplies and equipment (computers, copiers, printers, furniture, paper, pens, folders, binders, ink cartridges, etc.) • Software (new software, maintenance fees, etc.) • Indirect and administrative fees • Gasoline expenses • Construction or renovation • Meals and refreshments (except for certain approved ceremonies such as graduation) • Lodging, mileage, and parking costs for the 2012 MADCP conference • In-state and out-of-state training • Memberships Michigan Drug Court Grant Program — FY 2012 13 • Fines and Penalties (Court Fees, Driver's License Fees, Ignition Interlock, etc.) D. Travel: Only travel for the purposes of transporting drug court participants to services, or conducting a home visit, are allowable travel expenses and must be documented with copies of Travel Vouchers/Expense Reports. All travel must adhere to the most recent approved Michigan Supreme Court Standardized Travel Rates for the Judicial Branch. http://eourts.michigan.gov/scao/resourceslother/ffc.htm#travel E. Miscellaneous: Lobbying, honorariums, unreasonable costs, and costs not directly related to the operations of the drug court are not allowable. Notes: A. If an item is NOT listed as allowable, SCAO considers it disallowed. B. All grant costs and billings will be reviewed by SCAO to ensure that they reflect costs generally recognized as ordinary and necessary for the operation of the drug court and reflect market prices for comparable goods or services. Additionally, grant expenditures must be for goods and services that are or will be utilized for the grant period or fiscal year (October 1 to September 30). Billings for goods, and services (i.e., purchase of gift cards, bus tokens, library materials, drug testing supplies on September 24) that could not reasonable be used up prior to September 30 will be denied for reimbursement. C. MADCP registration will only be reimbursed if attendance at both days of the two day conference is verified by sign-in sheets. Michigan Drug Court Grant Program —FY 2012 14 ATTACHMENT A Michigan Supreme Court — State Court Administrative Office FY 2012 Michigan Drug Court Grant Program Allowable Expenses (MDCGP) A. Personnel and Fringe Benefits: Allowable if documented with payroll reports or general ledger for the period. B. Contractual: Consultant fees must conform to federal guidelines and cannot exceed $450 per day or $56.25 per hour. Invoices provided for documentation must include description of service, unit cost, number of units, and dates of service. Allowable contractual expenses include: • Substance abuse and mental health treatment services • Drug testing • Initial assessment exams • Case management/monitoring • Contractual employees Disallowable contractual expenses include: • Attorney fees for indigent defense or prosecution • Follow-up/ongoing medical services • Fees for evaluation services • Evaluator services C. Supplies/Operating: Must be documented with copies of invoices or receipts. Allowable supply/operating expenses include: • Drug testing -- Drug testing supplies • Participant incentives (Not to exceed $25) • Transportation expenses for participants (e.g., bus passes) • Registration fees only for the 2012 MADCP conference (up to 3 participants) • Graduation awards/gifts (not to exceed $25) Disallowable supply/operating expenses include: • Drug testing confirmations • Office supplies and equipment (computers, copiers, printers, furniture, paper, pens, folders, binders, ink cartridges, etc.) • Software (new software, maintenance fees, etc.) • Indirect and administrative fees • Gasoline expenses • Construction or renovation • Meals and refreshments (except for certain approved ceremonies such as graduation) • Lodging, mileage, and parking costs for the 2012 MADCP conference • 1n-state and out-of-state training • • Memberships • Fines and Penalties (Court Fees, Driver's License Fees, Ignition Interlock, etc.) D. Travel: Only travel for the purposes of transporting drug court participants to services, or conducting a home visit, are allowable travel expenses and must be Michigan Drug Court Grant Program FY 2012 12 documented with copies of Travel Vouchers/Expense Reports. All travel must adhere to the most recent approved Michigan Supreme Court Standardized Travel Rates for the Judicial Branch. http://courts.m i chi uan.aovlscaoiresou reesloth er/ffc .htm#travel E. Miscellaneous: Lobbying, honorariums, unreasonable costs, and costs not directly related to the operations of the drug court are not allowable. Notes: A. If an item is NOT listed as allowable, SCAO considers it disallowed. B. All grant costs and billings will be reviewed by SCAO to ensure that they reflect costs generally recognized as ordinary and necessary for the operation of the drug court and reflect market prices for comparable goods or services. Additionally, grant expenditures must be for goods and services that are or will be utilized for the grant period or fiscal year (October 1 to September 30). Billings for goods, and services (i.e., purchase of gift cards, bus tokens, library materials, drug testing supplies on September 24) that could not reasonable be used up prior to September 30 will be denied for reimbursement. C. MADCP registration will only be reimbursed if attendance at both days of the two day conference is verified by sign-in sheets. NI ichigan Drug Court Grant Program FY 2012 13 COURT NAME: 52-3 District Court - DWI Budget Summary 11 MDCGP Award (SCAO) 4,320 12,560 2,530 1,590 21,000 Byrne JAG Award (SCAO) Budget Category Personnel Fringe Benefits Contractual Mental Health Services Supplies / Operating Travel G !Total Project Cost A FY 2012 BUDGET SUMMARY Summary of Drug Court Funding MDCGP Award (SCAO) Bryne JAG Award funded by SCAO Bryne JAG Award funded by ARRA 11 !Office of Highway Safety Program (OFISP) by SCAO Other Grant or Funding Sources (identify: e.g., Child Care Fund, BJA Discretionary Grant, etc.) jz F50,7cip, sow-ce referEffteif io budg et SLIMMOryl Local Contributions K1 [Cash K2 In-Kind 12 Byrne JAG Award (ARRA) Total Project Cost $ 89,151 $ 110,151 11 12 .11 OFISP Award (SCAO) Project*. Cost • er Participant J2 Other Grant or Funding Source (cpe.ri(y belew) K1 Local Cash Contributions K2 Local In-Kind Contributions 52,246 34,115 2,100 180 510 89,151 TOTAL COST 52,246 34,115 6,420 12,560 2,710 2,100 110,151 -s" 21,000 Renee S. Gillert 10-12-11 Name of Person Completing Budget Date TO BE COMPLETED BY SCAO FINANCE STAFF SCAO Finance: Approved by (Signature) Date CONTRACT NUMBER SCAO Finance: Approved by (Print Name) WIDCGP Award SCAO Byrne JAG Award (SCAO) Byrne JAG Award (ARRA) OFISP Award (SCAO) Other Grant or Funding Sources (specify) TOTAL Cash Contributions IC- Kind 34,115 34,115 86,361 Fringe Benefit Total $ tinge Eenefits $ 1111== FY 2012 BUDGET DETAIL WORKSHEET A. Personnel COMPUTATION MUCGP Award Byrne JAG Award OHSP Award Other Grant or Local Cash Local In-Kind Natne/Position (hours worked on project X Byrne JAG Award (SCAO) Funding Source TOTAL ISCAO) ti (5CAO) (ARRA) Contributions Contributions hourly rate) (12 in lerriget encernary) Bukan/Sobltety Court CO Main 1,560 hrs X 529.766 $ $ $46,435 $ 45,435 Woltunicki/SC CO - Assist 104 his X $25,6514 $ $ $1,668 5 2,668 Keylon/Probation Clerical 52 his X $19,3091 $ $ $ $ 5 $1,004 $ 1,004 Gillert/5C Coordin tor 92 his S $41.14 $ - $ $ $ $ $ $2,139 $ 2,139 $ $ $ $ , . Persbnnel Total, $ $ $ - $ $ _ $ 52,246 $ 52,246 B. Fringe Benefits item ,..Percentage % - Item . Percentage % Item , Percentage % 11 Employer FICA 8% 0 Vision Insurance 0% 111 Other 0% o Retirement 35% 11 Unemployment 0% U Other 0% D hospital Insurance 19% U Worker's Compensation 0% 0 Other 0% — 0 Dental Insurance 2% 0 Life Insurance 0% 0 Other 0% . COMPOSITE RATE . 66% C. Contractual COMPUTATION (hours Other Grant or Funding DCGP Award Byrne MG Byrne JAG 01150 Local Cash Local In-Kind Name of Contractor worked on project X hourly Source (120 budget TOTAL COST (SCAO) Award (SCAO) Award (ARRA) Award (SCAO) Contributions Contributions rate) summary) JAMS Or Ac et 9120 000 4,320 4,320 Dru Te Provide 2 drug tests per month for 12 months for 15 prtfcIpants ata cost of 2 each lost Co ocar or Matthew Fedor 1 $175 X 12 S 2,100 $ 2100 Public Defender attenance at each month!y sobriety court hearing. --1--.----1------1.--- . Name (Enter services to be provided 11 ,1,1 Name -Is 5 Enter services to be provided here) Name F---- — Name Name -Is - 1$ I r 1$ Is Name 11111111.1111111111111.1111111111111.1.1=11 Naost I$IS IS Is Is is I IS Is Name 1$ -1$ -1$ -1$ -1$ -Is I Is Total Contractual I KVALIJE! 1 $ 4,120 Is - F$ -1$ - I $ 2,1001$ 0,420 O. Mental Health Services COMPUTATION (hours H Other Grant or Funding OCGP Award Byrne JAG Byrne JAG OSP Local Cash Local Imland worked on project X hourly rce (12 61 budget TOTAL COST rate) (SCAO) Award (SCAM Award (ARRA) A (SCAO) Contributions Contributions 5urotuary) Name Sequoia Recovery Services S200 x 10 00c ,000 Intensive Weekend Counseling Program ata soul of $200 pet Weehénd for 10 participants Name Sequoia, CPI,Turning Po $90 5 9,000 $ 9,000 Residential Treatment for 180 days at a cost Of $50 per day. State approved sub, abuse agency LILL 1,550 1,560 Outpatient serviceS for 24 individual sessions at a cost of $65 each. Name To - - Enter services rube provided here) Name nter so vices to be provided here) Name (Enter services to be provided here) Naive $ $ C 11.111111111118111111111111111111111 Name -Is -1$ -1$ -is -1$ -Is -I$ Name $ 1011111111.11111=11111111 111111111111111111111111111111111111311111111111111111 Name 1 . Nam Is - I $ -Is -I$ -Is - 1 Name I -Is - 1 $ -is -I$ -Is -Is $ To al Contractual VA UE! 12,560 1121111MMUNIIIIII -is 12,560 Revised Budget Nanative Fiscal Year 2012 (October 1, 2011 - September 30, 2012) Court Name 52-3 District Court - DWI Grant Program Michigan Drug Court Grant Program A. Personnel Justify personnel costs (i.e., wages) associated with the project. These personnel costs should tie back to Budget Request Summary and Budget Detail Worksheet. This grant contains no request for personnel costs. In-kind personnel costs include salary expense associated with the probation officers, clerical staff and coordinator. B. Fringe Benefits Justify fringe benefit costs associated with the project. These fringe benefit costs should tie back to Budget Request Summary and Budget Detail Worksheet. This grant contains no request for fringe benefit costs. The in-kind fringe benefit composite rate was calculated by using the actual Oakland County fringe benefit costs for the associated in-kind wages. 1 C. Contractual Justify contractual costs associated with the project. These contractual costs should tie back to Budget Request Summary and Budget Detail Worksheet. This grant contains contractual funding for drug testing. Drug testing is imperative to monitor the sobriety of the participants. Also included this line item is the in-kind public defender court contribution to fund a public defender at every Sobriety Court monthly hearing. D. Mental Health Services Justify costs for mental health services associated with the project. These contractual costs should tie back to Budget Request Summary and Budget Detail Worksheet. This grant contains contractual funding for outpatient and intensive weekend counseling and residential in-patient treatment. Treatment completion is a critical component of a participant's success in Sobriety Court. Treatment funding remains a problem for many in Sobriety Court. Approximate 50% of participants are unemployment and don't have healthcare. Employed participants often do not have healthcare benefits as well. If a participant is employed, they may exceed income guidelines but still can't afford treatment service. If a participant does have healthcare, they may have large insurance co-payments or they may require more treatment than their insurance company will authorize. 2 E. Supplies and Operating Justify supplies and operating costs associated with the project. These supply and operating expenses should tie back to Budget Request Summary and Budget Detail Worksheet. The supplies line item consists of 180, $10 gift card incentives for participants, graduation I gifts and participant birthday cards. Two graduation ceremonies are held annually in May and November. The supplies line item also includes refreshments for these ceremonies F. Travel and MADCP Conference Justify travel and MADCP Conference costs associated with the project. These costs should tie back to Budget Request Summary and Budget Detail Worksheet. Note that registration costs for the 2012 MADCP conference will be $2 75 per person. The travel line item includes funding three MADCP conference registration fees for Sobriety Court team members at a cost of $275 each. In-kind contributions of $510 will be available for associated travel expenses. This line item also includes mileage for 60 home visits averaging 25 miles per round trip visit to be reimbursed at the Oakland County approved mileage rate of $.51 per mile. 3 FISCAL NOTE (MISC. #11267) November 2, 2011 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: 52/3 DISTRICT COURT — 2012 SOBRIETY COURT TREATMENT GRANT AGREEMENT 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 52nd District Court, Division III (Rochester Hills) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program in the amount of $21,000 for the period of October 1, 2011, through September 30, 2012. 2. The total program budget is for $110,151 which includes an award from SCAO of $21,000 and $89,151 in General Fund support. 3. This is the second (2nd) year of SCAO grant funding for this program. 4. The grant funds of $21,000 are allocated as follows: Drug Testing $4,320, Professional Services $12,560, Material and Supplies of $2,530 and Travel and Conference of $1,590. 5. A budget amendment is recommended to the FY 2012 Special Revenue Fund to reflect funding from the SCAO, 52-3 District Court Drug Court grant: Drug Testing Professional Service Material and Supplies Travel Special Revenue Fund 27165 Project #GR0000000468 Activity A, Analysis Type GLB Revenues 3020405-121050-615571 Grants — State Expenditures 3020405-121050-730548 3020405-121050-731458 3020405-121050-750294 3020405-121050-732018 FY 2012 $ 21,000 $ 21,000 $ 4,320 12,560 2,530 1,590 21.000 FINANCE COMMITTEE FINANCE COMMITTEE: Motion carried unanimously on a roll call vote with Greimel absent. t-iPPROVEIHE FOREGOING RESOLUTION Resolution #11267 November 2, 2011 Moved by Dwyer supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (24) NAYS: None. (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). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 2, 2011, 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 2 nd day of November, 2011. Rue, Bill Bullard Jr., Oakland County