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HomeMy WebLinkAboutResolutions - 2011.11.30 - 18814November 30, 2011 REPORT (MISC. #11288) BY: Human Resources Committee, John A. Scott, Chairperson RE: Circuit Court — 2012 Michigan Drug Court Grant Program (Juvenile Drug Court) Grant Agreement TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the aforementioned resolution on November 9, 2011 reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE HUMAN RESOURCES COMMITTEEVOTE Motion carried unanimously on a roll call vote with Bosnic and Nuccio absent November 30, 2011 MISCELLANEOUS RESOLUTION #11288 BY: PUBLIC SERVICES COMMITTEE, COMMISSIONER RUNESTAD, CHAIRPERSON IN RE: CIRCUIT COURT — 2012 MICHIGAN DRUG COURT GRANT PROGRAM (JUVENILE DRUG COURT) — GRANT AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a grant period of October 1,2011 through September 30, 2012; and WHEREAS the SCAO grant award, plus Child Care Fund funding, Local Cash, and General Fund support make up the total program funding for FY 2012; and WHEREAS the court intends to continue the Juvenile Drug Court to deal with the problems of increasing recidivism. increasing use of alcohol and illegal drugs, rising systems costs, and an increase in out of home placement days ordered; and WHEREAS the Juvenile Drug Court has a budget of $487,862 which includes a SCAO grant award of $40,000, Child Care Fund contributed funding of $423,719 (of which 50% is reimbursable), Local Cash of $3,125 (Defense Attorney Fees) and general fund support of $21,018; and WHEREAS the Juvenile Drug Court Program has one (1) special revenue (SR) full-time eligible (FTE) Youth and Family Caseworker II position (#3010402-09711) is partially funded by the Juvenile Drug Court Grant with the remaining costs funded by the Child Care fund; and WHEREAS one (1) SR FTE Youth and Family Caseworker II position (#3010402-09835) associated with the Program was deleted with the FY12 Budget process; and WHEREAS for additional support it is requested that one (1) SR part-time non-eligible (PTNE) 1,000 hours per year Youth and Family Caseworker II position be created in the Circuit Court/Family Division/Court Services and fully funded by the Juvenile Drug Court Grant; and WHEREAS one (1) Special Revenue (SR) full-time eligible (FTE) Youth and Family Caseworker Supervisor position (#3010402-09712) and one (1) SR FTE Technical Assistant position (#3010402-10677) providing administrative support to the Program are partially funded by the Child Care Fund; and WHEREAS the Manager Court Services position (#3010402-07512) functions as administrator of this program and the Child Care Fund allows for up to 20% reimbursement of this position; WHEREAS this program provides also funding for drug testing supplies and kits, office supplies, personal mileage, indirect costs, and individual, group, and family therapy; and 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 2012 Michigan Drug Court Grant Program (Juvenile Drug Court) Grant Agreement in the amount of $40,000 from the State Court Administrative Office (SCAO), 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 $487,862, which includes the SCAO grant award of $40,000, Child Care Fund contributed funding of $423,719, Local Cash of $3,125 (Defense Attorney Fees), and General Fund support of $21,018. 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 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 one (1) SR PTNE 1,000 hours per year Youth and Family Caseworker It position be created in the Circuit Court/Family Division/Court Services BE IT FURTHER RESOLVED that continuation of position #3010402-09711 and other position(s) associated with this grant is contingent upon continuation of state funding, and receipt of additional funding sources. 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 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 Runestad absent John Cooperrider From: Sent: To: Cc: Subject: Attachments: Piir, Gala <piirg@oakgov.com > Friday, October 28, 2011 3:57 PM 'Cooperrider, John'; 'Davis, Pamela'; 'Falardeau, Nancy' 'Agacinski, Karen'; 'Plotkowski, Andrea' GRANT REVIEW SIGN OFF - Circuit Court - FY 2012 Michigan Drug Court Grant Program (Juvenile Drug Court) - Grant Agreement C06 JUV Revised.pdf; Grant Accept sign off pkg.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 — Circuit Court GRANT NAME: FY 2012 Michigan Drug Court Grant Program (Juvenile Drug Court) FUNDING AGENCY: State Court Administrative Office (SCAO) DEPARTMENT CONTACT PERSON: Pamela Davis /John Cooperrider 80247 / 80256 STATUS: Grant Acceptance DATE: October 28, 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 (10/19/2011) Department of Human Resources: Approved. — Karen Jones (10/19/2011) Risk Management and Safety: Approved per FY2012 amended contract. — Andrea Plotkowski (10/27/2011) Corporation Counsel: There appear to be no unresolved legal issues that require action at this time. — Karen Agacinski (10/26/2011) COMPLIANCE The grant agreement references a number of specific federal and/or state regulations. Below is a list of the specifically cited compliance related documents for this grant. 2011 PA 63 1 MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2012 GRANT CONTRACT SCACY.Com rtAct -7.,,tunhcr, . Start Date: 10/01/2011 „ , , End Date: 9/30/2012 Grantee Name 6th Circuit Court - Juvenile Federal ID Number 38-6004876 Grant Amount $40,000 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 tettninated 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 DWI Courts; Juvenile Drug Courts: Strategies in Practice; or Family Dependency Courts: Addressing Child Abuse and Neglect Cases Using the Drug Court Model). Michigan Drug Court Grant Program — FY 2012 2 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 be 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 (IRB) 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 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 Michigan Drug Court Grant Program — FY 2012 3 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. B. 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 under the HIPAA 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 teimination of this contract in accordance with section 20. G. In accordance with HIPAA ancUor 42 CFR Part 2 requirements, the Grantee is liable for any claim, loss, or damage relating to unauthorized Michigan Drug Court Grant Program — FY 2012 4 use or disclosure of protected data and information 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 SCA° 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 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 debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." Michigan Drug Court Grant Program — FY 2012 5 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 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 SCAO. Failure of the Grantee to comply with the requirements of this section shall Michigan Drug Court Grant Program — FY 2012 6 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 onsite 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: 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 http:/courts.michigan.gov/scao/services/SpecialtyCourts/FormsReports.ht m. Please refer to Attachment A for allowable and disallowable expenses pertaining to your MDCGP grant. B. 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 Michigan Drug Court Grant Program — FY 2012 7 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 DCCMIS Data Exception Report: 1. Data Validation Report: The number of admissions, discharges, and open cases 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 following program implementation and for all subsequent quarters as required above for courts receiving operational funding. D. DCC1VEIS 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. Michigan Drug Court Grant Program — FY 2012 8 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. B. 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.cpexpress.state.mi.us . 19. 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 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 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 MDCGP. SCAO may extend an opportunity for the Grantee to demonstrate compliance. Notification of a funding hold or termination will be in writing. Michigan Drug Court Grant Program — FY 2012 9 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. 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 Michigan Drug Court Grant Program — FY 2012 10 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: 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 11 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 • Fines and Penalties (Court Fees, Driver's License Fees, Ignition Interlock, etc.) Michigan Drug Court Grant Program — FY 2012 12 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://courts.michigan.gov/scao/resources/otheriffc.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 Prop-am — FY 2012 13 Date SCAO Finance: Approved by (Signature) CONTRACT NUMBER Bupqa.Fotogi suforow COURT NAME: Oakland County 6th Circuit Court - Family Focused Projected Cost Per Participant (based on FY 2012 MDCGP request) ud et Surninary G 111 H2 . 11 1 ' - ' - 1 — —.... - MDCGP Award Byrne JAG Award Byrne JAG Award OHSP Award Other Grant or Funding Local Cash Local In-Kind Budget Category TOTAL COST (SCAO) (SCAO) (ARRA) (SCAO) Source (specify below) Contributions Contributions A Personnel 32,646 $ - $ - $ 152,844 $ - $ 13,418 $ 198,908 8 Fringe Benefits 7,354 - - $ 112,794 $ - $ 7,600 $ 127,748 ........__ C Contractual - $ - - - 104,000 $ - $ - $ 104,000 D Supplies/Operating $ - $ - $ - - 48,231 $ 3,125 $ - $ 51,356 E Travel $ - $ - $ - $ - $ 5,850 $ - $ - $ 5,850 F Total Project Cost 40,000 - $ - $ 423,719 $ 3,125 $ 21,018 $ 487,862 Summary of Drug Court Funding MDCGP Award (SCAO) 40,000 Bryne JAG Award funded by SCAO $ - Bryne JAG Award funded by ARRA $ - Office of Highway Safety Program (OHSP) by SAO - Other Grant or Funding Sources (identify: e.g., Child Caro Fund, BJA Discretionary Grant; etc: --12:" Child Care Fund 12 9 Local ContribUtions il Cash 3,125 .12 In-Kind $ 21,018 K Total Project Cost 487,862 Name of Person Completing Budget TO BE COMPLETED BY SCAO.FINANCE STAFF Date SCAO Finance: Approved by (Print Name) FootsitiotidEt.berAi(w000lgtr A. Personnel COMPUTATION Other Grant or MDCGP Award Byrne JAG Award OHSP Award Local Cash Local In-Kind Name/Position (hours worked on project X MAO) Byrne JAG Award (SCAO) (ARM) (SCAO) Funding Source TOTAL Contributions Contributions hourly rate) (12 in budget summary) - Jackie Howes-Evanson, Supervisor $ - $ - $- $ - $ 51,998 - - $ 51,998 Candace Sereno, Technical Assistant $ - $ - $ - $ -S - $ 29,948 $ - $ - $ 29,948 Megan Wentz, Youth & Family Casework& $- - 8,636 $ - $ 51,754 - $ - $ 60,390 Vacant, Youth & Family Caseworker $ 24,010 $ - $ - $ - $ 24,010 Mary Ellen Brennan, Circuit Judge 3,355 Marty Alvin, Juvenile Referee 10,063 , - Pamela Davis, Manager $ - $ - $- - $ 19,144 $ - $ - $ 19,144 Personnel Total $ 32,646 $ - $- - $ 152,844 $ - $ 13,418 $ 198,908 B..FrInge Benefits :e — PenfgrIPI,L. , i'l,,;-i"&i-eritigii 'Yc",' Per,olage . ] Employer FICA 8% U Vision Insurance 0% LI Other 0% 0 Retirement 30% 0 Unemployment 0% 0 Other 0% 0 Hospital Insurance 16% 0 Worker's Compensation 1% 0 Other DO 0 Dental Insurance 1% 0 Life Insurance 0% Li Other 0% COMPOSITE RATE 56% MDCGP Award Byrne JAG Award OtISP Award Other Grant or Funding Contributions Byrne JAG Award (SCAO) SCAO (ARRA) (SCAO) Sources (specify) TOTAL Cash In-Kind ringe BenefitTotal $ 7,354 $ - 112,794 $ 2,600 $ 127,748 Total Personnel and Fringe Benefits J 3,ODD $ - C. Contractual Name of Contractor Local Cash I Local In-Kind Contributions I Contributions OHSP Award (SCAO) Byrne JAG Award (ARRA) Byrne JAG Award (SCAO) MDCGP Award (SCAO) COMPUTATION (hours worked on project X hourly rate) Other Grant or Funding Source (12 in budget summary) JAMS S To provide drug tettiug '6i-irk6.t kr Frairi elpTiks-(TRiAit). , . 4,000 4,000 1 OSAS I $ "Services to b prriliiiiFitt killinr11511F6,iip;-'ariqlritiiiryttitfiOy.prOyiclecllo drut. cobri-filiiiticibb.nts by various 2 NORM Name (Enter Senjirr to b4,jiteiiii :here) 3 Name (Enter serviced tobe prouldad here) 4 Rarer 5 .service.to-b.h provided here „ - Name to he p -ovid_ed•herh 6 name (Enter SMiltes t6 be 'kiinMd-befe) - . 7 Total Contractual 04,000 ID. Supplies / Operating Item Byrne JAG Award (SCAO) Byrne JAG Award (ARRA) TOTAL COST 1 COMPUTATION MDCGP (Cost Per Unit X Award Number of Units) (SCAO) OHSP Award Other Grant or Local Cash Local In-Kind Funding Source (12 (SCAO) Contributions Contributions in budget summary) Personal Mileage Supplies Incentives Indirect Costs !Defense Attorney Fees I - I $ - $ - $ -Is "$. 15,796 1,000 4,000 27,435 3,125 415,796$ 27,435 $ 4,000 $ 1,000 $ -I$ -Is 3,125 $ - $ - $ - $ - $ I -I s -I $ -I s -Is -I s 51,356 -I s Total Supplies/Operating I $ - I 48,231 1 $ 3,125 I $ Conference/Travel Total Supplies/Operating 5,850 5,850 is s -Is -is E. Travel (mileage for participant ptirposes and/or MADCP registration) COMPUTATION (Cost Per Unit X Number of Units) MDCGP Award (SCAO) Byrne JAG I Award (SCAO) Byrne JAG I OHSP Award Award (ARRA) I (SCAO) Other Grant or Funding Source (12 in budget summary) Local Cash Contribution Local In-Kind Contributions Type of Travel Expense TOTAL COST $ - $ - $ - $ $ IEIIIIIIIIIIIMLIIIIIIIIIIIIEIIIIIIIIIIIIII $ 5,850 UlliallinallillIM 0111111111111111111111118111111111111111111111111111131111111111111111.11111111111 EIIIIIIIIIIIIIIIEIIIIMIIIIIMIIIIIIIEIIIIIIIIIIIIUIIIIIIIIIIIIIZIIIIIIIIIIIIIIIIEIIIIIIIIIIIIIIMIIIIIIIIIM 11111111.111111111111111111131111111.1111111 5 - BIIIIIIIIIIEIIIIIIIIIIIIIEIIIIIIIIIIIMUIIIIIIIIIIIIIIIEIIIIIIIIIIIII $ - $ - $ 5,850 $ - $ cinSO\ sEP 9 2" OFFICE OF COURT ADMINISTRATOR Michigan Supreme Court State Court Administrative Office Michigan Hall of Justice P.O. Box 30048 Lansing, Michigan 48909 Phone (517) 373-0128 Dawn A. Monk Deputy State Court Administrator September 14, 2011 Honorable Nanci J. Grant, Chief Judge 6th Circuit Court Courthouse Tower 1200 N. Telegraph Rd. Pontiac, MI 48341-0404 Re: FY 2012 Michigan Drug Court Grant Program Award Notification 6th Circuit Court - Juvenile Dear Chief Judge Grant: I am pleased to inform you that your court has been awarded a grant in the amount of $40,000 from the Michigan Drug Court Grant Program (MDCGP) administered by the State Court Administrative Office (SCA0). This award is for the grant period October 1, 2011, through September 30, 2012. Your MDCGP contract will be e-mailed to Pamela Davis. A revised budget based on your FY 2012 award should be returned to SCAO by October 14, 2011; the original signed contract must be returned to SCAO by November 30, 2011. Should you have any questions, please contact Jessica Parks at 517-373-6285, or by e-mail at parksj@courts.mi.gov . Sincerely, Dawn A. Monk cc: Richard Woods, SCAO Trial Court Services Deputy Director Jessica Parks, SCAO Management Analyst Deborah Green, Region I Administrator Kevin Oeffner, Court Administrator Pamela Davis, Drug Court Project Director 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 LEGIGLATURE PEGULAR 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 actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and 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 (MCL 600.1062 and 600.1068), section 1062 as amended by 2006 PA 620 and section 1068 as added by 2004 PA 224. The People of the State of Michigan enact: 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 court 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 also 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, 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 or district. The memorandum of understanding shall describe the role of each party. (2) 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 in 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 probation 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 memorandum 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) (4) 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 jurisdiction 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. (b) The attorney representing the defendant or respondent. (c) The judge of the transferring court and the prosecutor of the case. (d) The judge of the receiving drug treatment court and the prosecutor of a court funding unit of the drug treatment court. Sec. 1068. (1) 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, if an 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 of 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 1062. (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 780.884, 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 pled guilty or, in the case 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 take immediate effect. VT Secretary of the Senate Clerk of the House of Representatives Approved Governor 2 .h-O6-01 01:16P mackenzie FES-01-41 ;Z:47 Prov3CAO CENTRAL 248-305-9747 P.02 •5173732112 • 7-42D P.02/02 Michigan Supreine Conzt Sat e Court AdostiAlste-ative .Office 213. sox 300421 Lansing,Prichigan4.84139 • Mane WIZ 37541313 Jaflb.Vorrx.yo. Soto Court Attosinisoatar 'February 6, 2001 Honorable Brien Mari.en.zi 5214 District Court 441150 Grand River Ave. . Novi. Nfl 48374-1= . Dear Judge MariCenziel Persuent.to our convcrunion this waning regarding the Michigan Drug Court Graft PrOgrarn, I atn providing inforinadon concerning AS51,117=0 #4 in the applicatice The a.sseraoces included in the Aectrigmn Drug Court Grant application materials are the sax= as th; assuran=. regnired to apply for and accept fedural program funding for :tug court programs. Ms.trnc #4 calls for the appl, ice= to provide =um= of a program's intent to coot:arse funding whether that be from local„ other state, or federal sources of fmcling The Michigun Drug Court Grant Programa is. state.;-appropriett,d program funded with limited zeuzeal fund dollars. VThe figidirtz is 'intended to assis- t in developing and imPlettenting new Prniganla end provide limited support to caw:awing programi. It is, however, the pro -grarn's responeihaity te everaivally seek sarkitiozza sourram of funclins. This sb.ossizi not be etatrtruecl as sonsadet .e for future fuadirsg of a. program from the funding unit. Ifyouhave any furtherg°213,Picase cortracttnc. • - . Sincerely, Dawn A.. Monk V - !Deputy State Co= Aihninistrator FISCAL NOTE ,(MISC . #11288) November 30, 2011 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: CIRCUIT COURT - 2012 MICHIGAN DRUG COURT GRANT PROGRAM (JUVENILE DRUG COURT) - 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 Circuit Court has received a grant award from the State Court Administrators Office (SCAO), Michigan Drug Court Program (MDCGP), for the Juvenile Drug court, in the amount of $40,000 for the period of October 1,2011 through September 30, 2012. 2. Total program budget is for $487,862 which includes an award from SCAO of $40,000, Child Care Contributed funding of $423,719 and General Fund support of $24,143 ($21,018 personnel support and $3,125 operating support). 3. There are four (4) positions that are partially funded by the Juvenile Drug Court program totaling $275,328. These positions are funded as follows: - One (1) special revenue, full-time eligible Youth and Family Caseworker II position (3010402-09711) with total the personnel costs of $101,664. This position is funded as follows: Juvenile Drug Court SCAO funds totaling $9,690 and Child Care Funds of $91,974. - One (1) special revenue, full-time eligible Youth and Family Casework Supervisor position (3010402- 09712) with total personnel costs of $93,342 that are funded by Child Care Funds. - One (1) special revenue, full-time eligible Technical Assistant position (3010402-10677) with total personnel costs of $48,528 that are funded by Child Care Funds. - One (1) General Fund/General Purpose, full-time eligible Manager of Court Services position (3010402- 07512) with total personnel costs of $31,794 covered by the Child Care Fund. The approval of the Child Care Fund per MR #09198 authorized the Court to charge 20% of this position to the Child Care Fund. The remaining 80% is funded by the General Fund. 4. One (1) special revenue, part-time non-eligible, 1,000 hours per year Youth and Family Caseworker II position (3010402-New) with total personnel costs of $30,310 is fully funded by Juvenile Drug Court SCAO funds. 5. The General Fund personnel support is estimated to be $21,018 for FY 2012. This amount is derived by estimating Judges' time and Support staffs time spent on the drug courts. Please note the Judges salaries are reimbursed by the State. The General Fund personnel support is included in the FY 2012 Adopted Budget. 6. Operating costs for the Juvenile Drug Court Program are $161,206 and are allocated as follows: Personal Mileage $15,796, Supplies $1,000, Incentives $4,000, Indirect Costs $27,435, Professional Services $104,000 and Travel and Conference $5,850, which are funded by the Child Care Fund, and Defense Attorney Fees $3,125, which are General Fund operating support. 7. The Special Revenue Fund budget is amended for FY 2012 to reflect funding from the SCAO Circuit Court Juvenile Drug Court grant award as follows: Special Revenue Fund #27140 FY 2012 Project #GR0000000236 Activity A, Analysis Type GLB Adopted FY 2012 Amendment Amended Grants-State $10,000 Total Revenue Ad] $10,000 Revenue 3010402-121200-615571 Expenditures 3010402-121200-702010 3010402-121200-722750 3010402-121200-722760 3010402-121200-722770 3010402-121200-722780 3010402-121200-722790 3010402-121200-722800 3010402-121200-722810 3010402-121200-722820 3010402-121200-722850 Salaries Workers Compensation Group Life Retirement Hospitalization Social Security Dental Disability Unemployment Insurance Optical Total Expenditure Ad] $ 6,500 43 15 2,038 1,051 268 56 11 15 3 $10,000 $30,000 $40,000 $30,000 $40,000 $26,146 $32,646 30 73 25 40 2,010 4,048 1,461 2,512 175 443 70 126 28 39 30 45 25 28 $30,000 $40,000 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Long and Runestad absent. Resolution #11288 November 30, 2011 Moved by Weipert supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Zack, Bosnic. (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 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 30, 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 30 th day of November, 2011. OI d94, Bill Bullard Jr., Oakland County