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HomeMy WebLinkAboutResolutions - 2013.02.07 - 20706ES COMMITTEE MISCELLANEOUS RESOLUTION 1113024 February 7, 2013 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - FY 2013 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Public Services Community Corrections Division applied to the Michigan Department of Corrections (MDOC) for $2,005,574 in grant funds for the period of October 1, 2012, through September 30, 2013; and WHEREAS the MDOC has awarded Oakland County a 2012/2013 Community Corrections grant in the amount of $2,005,574, which is the same as the amount requested in the application; and WHEREAS the MDOC now holds the contracts for all residential services meaning that $208,771 of the $2,005,574 award has been allocated for Residential Services but will not be recorded as income; and WHEREAS the remaining amount of $1,796,803 is the County's responsibility as shown on Schedule A; and WHEREAS the grant funds the following Community Corrections Division positions: ten (10) Community Corrections Specialists II (positions #07425, 07426, 07429, 07432, 07433, 09243, 09247, 09291, 09648, 09649; one (1) PTNE Community Corrections Specialist II (position 09292), one (1) Office Assistant II (position #09295), one (1) Community Corrections Specialist III (position #07428), and one (1) PTNE Community Corrections Specialist I (position #09397); and WHEREAS the grant also funds 50% of the following positions in Community Corrections: one (1) Community Correction% Support Specialist (position #07834) and one (1) Supervisor-Community Corrections (position #09396), which are partially GF/GP funded; and WHEREAS the grant funds the following Sheriff's Department positions: three (3) Inmate Caseworkers (positions #07418, 07419, and 07420), one (1) PINE Office Assistant II (position #07417), and one (1) FTE Inmate Substance Abuse Tech (position #07421); and WHEREAS the grant acceptance requires no additional personnel to fulfill the grant agreement; and WHEREAS there is no County match required with this grant; however, it should be noted that the FY2013 Budget of this grant includes two (2) positions: (#1070403-07834 and #1070410-09396) partially General Fund/General Purpose funded in Community Corrections; and WHEREAS the grant agreement has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2013 Community Corrections grant from the Michigan Department of Corrections in the amount of $2,005,574. BE IT FURTHER RESOLVED that the County is financially responsible for $1,796,803, and that the State contracts directly for residential services of $208,771. The future level of service, including personnel (except the portion of Pretrial Services currently funded by the General Fund/General Purpose Fund), will be contingent upon the level of funding available from the State. BE IT FURTHER RESOLVED that the following Special Revenue (SR) positions be continued in Community Corrections: #1070402-07425, 07426, 07429, 07432, 07433, & 09247; 1070410-09243, 09291, 09648, 09649, 09292, 09295 & 09396; 1070403-07834; 1070401-07428, and 1070410-09397. BE IT FURTHER RESOLVED that the following SR pos -i,c!ons be ciontinued in the Sheriff's Office: il tirvInq9nr1 _74.17, 07418, 07419, 07490, and n-moi Chairperson, on behalf of the Public Services Committe0, I mAtbé adoption of the foregoing PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. resolution. resolution. GRANT REVIEW SIGN OFF — Community Corrections GRANT NAME: FY 2013 Michigan Department of Corrections Comprehensive Corrections Plans FUNDING AGENCY: Michigan Department of Corrections — Office of Community Corrections DEPARTMENT CONTACT PERSON: Barbara Hanley / 451-2306 STATUS: Grant Acceptance DATE: December 4, 2012 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 Con=issioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to he placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT 'REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (11/28/2012) Department of Human Resources: Approved. Karen Jones (11/29/2012) Risk Management and Safety: Approved by Risk Management with no modifications (should sub-contractors be hired in the future, modifications to the contract may be necessary). — Andrea Plotkowslci (12/03/2012) Corporation Counsel: There appears to be no unresolved legal issues that require action at that time. — Karen Agacinski (12/03/2012) COMPLIANCE The grant agreement references a number of specific federal and/or state regulations. Below is a list of these specifically cited compliance related documents for this grant. Community Corrections Act (Act 511 of 1988) http://wx*.legislaturedni.gov/(S(ij ye 1 f3 a4ann tal iwqvii.pge55))/rn ileg aspx?page ----CietObi ect&ob eetnarne=mcl-Act-511 -of-1988 Elliott Larsen Civil Rights Act (Act 453 of 1976) http://michigan.gov/documents/act 453_elliott larsen 8772_7.pdf Persons with Disabilities Civil Rights Act (Act 220 of 1976) 12.ttp ://www.1 egislature.mi v/( S (3 db4 si 45zqgw2bbinifs2 x155))/miletl. asp -x.? pa ae—gotobi ect&obi eetname—rmcl-act-220-of-1976 State Contracts with Certain Employers Prohibited (Act 278 of 1978) Utp_://wv.rw.legi slat ult. mi. ov/( Sf xaxnj w45bilans vgwafsnx55 ))/mile g. asp x ?pa ge—GetObj ect &o hied:name—in el -Act-278 -of-1980 31 USC Section 1352 littp ://uscode.house.goviuscocie- cgilfastw eh .exe?getdoc+usevi cw-11290 2+1840+0-1-1-%2731%2OUS C%20S ec.%201352%27 Katie Wes f.r,r^in'tEMEMPC.1 MENASIVM- 71- Md/ From: Sent: To: Cc: Subject: VanPelt, Laurie <vanpeltl@oakgovcorn> Wednesday, November 28, 2012 4:45 PM 'West, Catherine'; 'Davis, Patricia'; 'Jones, Karen'; 'Secontine, Julie ' 'Hankey, Barb'; 'Elgrably, Kimberly'; 'Shih, Julie' RE: Grant Review: Community Corrections - FY2013 Comprehensive Community Corrections Plan - Grant Acceptance Approved. From: West, Catherine 1mailto:westca4oakqov.com1 Sent: Wednesday, November 28, 2012 4:40 PM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Cc: F-iankey, Barb; Elgrably, Kimberly; Shih, Julie Subject: Grant Review: Community Corrections - FY2013 Comprehensive Community Corrections Plan - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt —Karen Jones—Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Community Corrections FY2013 Comprehensive Cornmunity Corrections Plan Michigan Department of Corrections - Office of Community Corrections Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: December 5, 2012 GRANT INFORMATION Date: November 27, 2012 Operating Department: Community Corrections Department Contact: Barbara Hankey Contact Phone: 248-451-2306 Document Identification Number: CPS-2013-1-63 REVIEW STATUS: Acceptance— Resolution Required Funding Period: October 1, 2012 through September 30, 2013 New Facility / Additional Office Space Needs: No IT Resources (New Computer Hardware / Software Needs or Purchases): No M/WBE Requirements: No Funding Continuation/New: Continuation Katie West SEEZ.OINS . From: Sent: To: Cc: Subject: Jones, Karen lonesk@oakgov.com > Thursday, November 29, 2012 9:21 AM 'West, Catherine'; 'Davis, Patricia'; 'Secontine, '; 'VanPet, Laurie' 'Hankey, Barb; 'Elgrably, Kimberly'; 'Shih, Julie RE: Grant Review: Community Corrections - FY2013 Comprehensive Community Corrections Plan - Grant Acceptance Approved. From: West, Catherine [mailto:westca@oakgov.com] Sent: Wednesday, November 28, 2012 4:40 PM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Cc: Hankey, Barb; Elgrably, Kimberly; Shih, Julie Subject: Grant Review: Community Corrections - FY2013 Comprehensive Community Corrections Plan - Grant Acceptance GRANT REVIEW FORM 1013n9 TO: REVIEW DEPARTMENTS — Laurie Van Pelt —Karen Jones—Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Community Corrections FY2013 Comprehensive Community Corrections Plan Michigan Department of Corrections - Office of Community Corrections Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: December 5, 2012 KlietapPIMISMOM GRANT INFORMATION Date: November 27, 2012 Operating Department: Community Corrections Department Contact: Barbara Hankey Contact Phone: 248-451-2306 Document Identification Number: CPS-2013-1-63 REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2012 through September 30, 2013 New Facility/ Additional Office Space Needs: No IT Resources (New Computer Hardware / Software Needs or Purchases): No M/WBE Requirements: No Funding Continuation/New: Continuation It Katie West IMERSVMEGMENIMEEZEMZENVIIAMMINESE ' From: Plotkowski, Andrea <plotkowskia@oakgov,com> Sent: Monday, December 03, 2012 4:48 PM To: 'West, Catherine' Cc: Karen Agacinski Subject: RE: Grant Review: Community Corrections - FY2013 Comprehensive Community Corrections Plan - Grant Acceptance - RM12-0295 (RM12-0296, RM11-0149) Approved by Risk Management with no modifications (should sub-contractors be hired in the future, modifications to the contract may be necessary). Andrea Plotkowski From: West, Catherine [nnailto:westcaoakgov.corn] Sent: Wednesday, November 28, 2012 4:40 PM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Cc: Hankey, Barb; Elgrably, Kimberly; Shih, Julie Subject: Grant Review: Community Corrections - FY2013 Comprehensive Community Corrections Plan - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt —Karen Jones—Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Community Corrections FY2013 Comprehensive Community Corrections Plan Michigan Department of Corrections - Office of Community Corrections Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: December 5, 2012 GRANT INFORMATION Date: November 27, 2012 Operating Department: Community Corrections Department Contact: Barbara Hankey Contact Phone: 248-451-2306 Document Identification Number: CPS-2013-1-63 REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2012 through September 30, 2013 New Facility / Additional Office Space Needs: No 1 Katie est WINIZENT7MTYPAM From: Agacinski, Karen <agacinskik©oal<gov,com> Sent: Monday, December 03, 2012 4:45 PM To: Laurie VanPelt; Julie Secontine; Jones, Karen; 'West, Catherine'; 'Hankey, Barb'; elgrablyk©oakgov.com ; 'Shih, Julie Subject: Grant Review: Community Corrections - FY2013 Comprehensive Community Corrections Plan - Grant Acceptance GRANT INFORMATION Operatiag Department: Community Con-ectiohs Department Contact: Barbara. Hankey Contact Phone: 248-451-2306 Document Identification Number: CPS-2013-1-63 Funding Period: October 1, 2012 through September 30, 2013 New Facility Additional Office Space Needs: No a Resources (New Computer Hardware / Software Needs or Purchases): No 1V1/WBE Requirements: No Funding Continuation/New: Continuation Application Total Project Amount: $1,796,863 Prior Year Total Funding: $1,795,303 New Grant Funded Positions Request: none Changes to Current Positions: 7421, 7425, 7426, 7428, 7429, 7432, 7433, 7834 (.5), 9243, 9247, 9291, 9292 (PTNE), 9295, 9648, 9649, 9396 (.5), 7417 (PINE), 7418, 7419, 7420, 9397 (PINE) Grantor Funds: $2,005,574 ($1,796,863 County and $208,711 is reserved by the state for residential services). The state holds all of the contracts for residential services. Total Budget: $1,895,820 Match and Source: $98,957 GP/GF for the .5 of 7834 & 9396 PROJECT SYNOPSIS This is the acceptance for the annual MDOC grant for Community Corrections programs. A resolution approving the acceptance by the governing board of the County is required as part of Public Act 511. REVIEW STATUS: Acceptance — Resolution Required There appear to he no unresolved legal issues that require action at this time. Thank you, Karen P. Agacinski, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3' Floor Pontiac, MI 48341 Phone Number: (248) 858-8677 Fax Number: (248) 858-1003 E-mail: aclacinskikaoakclov.com PRIVILEGED AND CONFIDENTIAL — ATTORNEY CLIENT COMMUNICATION This e-mail is intended cnly for those persons to whom it is specifically addressed. It Is confidential and is protected by the attorney-client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in anyway. nd-ividuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, piease contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. FOR THE GRANTEE: FOR THE STATE: Authorized, Agent Signature Firm Name Signature Randall W. Treacher Name Date Date STATE OF NlICHIGAN DEPARTMENT OF CORRECTIONS OEFICE, OF PAROLE AND PROBATION SERVICES COMMUNITY ALTERNATIVES P.O. BOX 30003 LANSING, MICHIGAN 48909 GRANT NO. CPS-20134-63 between THE DEPARTMENT MENT OF CORRECTIONS and GRAM EL NAME AND ADDRESS: GRANTEE TELEPHONE: Oakland County (517) 373-0415 2300 Dixie Highway Suite 200 GRANTEE FAX: Waterford, MI 48328 (517) 373-9545 STATE-MDOC CONTACT: GRANTEE CONTACT: Barb Fhnkey Kevin J. Weissenborn DESCRIPTION OF GRANT: Community Corrections — Provide program services that shall enhance jail utilization, reduce the _prison commitment rate, and impact recidivism. GRANT PERIOD I Year FROM: TO: October 1, 2012 September 30, 2013 [-TERMS Net MISCELLANEOUSINFORMATION: In the event of any conflicts between the specifications, terms and conditions indicated by the State-:',41DOC and those indicated by the Grantee, those of the State-MDOC take precedence. The signatories warrant that they are empowered to enter into this Grant and agree to be bound by it. TOTAL ALT IJORIZED BUDGET: S2,005,574.00 , State Contribution: Comprehensive Plans and Services S1,551,986.00 Drunk Driver Jail Reduction Community Treatment $453,588.00 Deputy Director Title Authorized Agent (Print or 'rype) 1 PART I — PROGRAM REQUIREMENTS if Purm Funds provided through this Grant are intended for providing services pursuant to Public Act 511 of 1988; and are based upon a local Comprehensive Corrections Plan that has been developed that outlines local goals, objectives, and priorities to decrease prison admissions and increase utilization of community-based sanctions and services for non-violent offenders, improve jail utilization; and the Michigan Department of Corrections (State-MDOC) has approved the Comprehensive Corrections Plan and the award of Community Corrections funds for continued implementation of the plan; this Grant defines the roles and responsibilities of the Grantee and the State-MDOC and the terms and conditions which apply during the term of this Grant. Statement of Work The Grantee agrees to undertake, perform, and complete the following: The Grantee shall implement policies and procedures and deliver services to eligible offenders in accord with the goals and objectives„ standards and policies as set forth in Public Act 511 of 1988, the provisions of the State Appropriations Act, the Grantee's Comprehensive Corrections Plan and the Proposal for Community .Corrections Funds (Attachment A) as approved by the State-MDOC, Staffing Requirements Sex Offender Treatment Limitations - Victim Contact: The Grantee shall not encourage, initiate, or facilitate any written, verbal, or personal contact between offenders and victims for the purpose of providing any of the services specified in this Grant. Such contact is normally prohibited as a condition of parole or probation, and is expressly prohibited under the terms of this Grant, unless ordered by the court. Stalling Standards — Criminal Record: The Grantee shall only appoint employees if they do not have pending criminal prosecution, are not under the supervision of a criminal justice agency for a felony or misdemeanor, and do not have any prior felony or misdemeanor convictions without prior written approval from the Grantee before performing any services under this Grant. Staff will be denied who have active warrants, are under criminal justice supervision, have been discharged from a felony sentence within the last two years or are required to register as a sex offender. .Felony offenders shall not be approved until they have been discharged from all sentences, including parole and probation supervision terms, for a minimum period of two years unless approved by the STATE. After each staff member has been approved or denied, the Contract Compliance Inspector shall foifward the decision to the Grantee. fhe Grantee shall document that no staff members assigned to the grant are related as an immediate family member to an offender being treated at their facility or at the institution to which they have been assigned by the Grantee. This includes: spouse, parent, grandparent, mother-in-law, father-in-law, child, stepchild, stepbrother, stepsister, brother-in-law, sister-in- law, or other relations by blood or marriage. Se r'isiii Ceti; 7allitZ all ensure employees that provide substance abuse and mental health ed and experienced in the contracted area of counseling as follows: Master's Degree or above and one year of experience in the contracted treatment area. Possession of a professional license or certification in substance abuse and or mental health as apprcipriate. OR Bachelor's Degree or above and three years of experience in the contracted treatment area. Possession of a professional license or certification in substance abuse and or menial health as appropriate. OR Other combinations of education and experience and Certification in Substance Abuse the State- MDOC considers adequate to perform the necessary tasks effectively and efficiently and which have been specifically approved by the State-MDOC. Such approval may be limited or provisional as to time or scope of practice. Other combinations of education and experience the State-MDOC considers adequate to perform the necessary task effectively and efficiently and which have been specifically approved by the S tate-MDOC. 1.3 Budget and Financial Reporting The Grantee agrees that all funds shown in the budget are to be spent as detailed in the budget and in accordance to the approved Grantee's Comprehensive Corrections Plan and the Proposal for Community Corrections Funds. Changes in the budget require approval of the State-MDOC. C. This Grant does not commit the State of Michigan (State) or the State-MDOC to approve requests for additional funds at any time. Travel reimbursement shall be allowed solely in compliance with the State of Michigan's standardized travel regulations. Travel rates authorized by the State may be found at www.miehigim.gdv/drub, Reimbursement of Out-of-State travel costs requires pre- approval of the State-MDOC. 1.4 Payment Schedule en ts to the Grantee shall be made in accord with the following temis: The State-MDOC shall reimburse the Grantee for actual and incurred costs to support ayiiprovicei program and administrative activity. Payments are conditional upon the Grantee's submittal of all required monthly expenditure and program data, the midyear and year-end reports, and responses to financial audits. All reports shall be completed in the format provided by the State- MDOC. All programs shall maintain 80'lt(") of the projected enrollment comprised of offenders from the nrimary target group or reimbursement for those programs may be prorated. Budgets may be adjusted accordingly to programs that fail to achieve 80% of expected pplization at midyear. D. Administrative costs shall not exceed 30% of the total costs submitted for reimbursement. Reimbursement of all costs may be adjusted accordingly for administrative costs that exceed 3000 of the total costs submitted for reimbursement. .5 Program Eligibility 'The Grantee shall ensure that offenders enrolled within community corrections programs funded through Comprehensive Plans and Services meet the eligibility requirements approved within the Comprehensive Community Corrections Plan. The Grantee shall ensure that offenders enrolled within programs funded through Drunk Driver Jail Reduction meet the following eligibility requirements: As used in this section, "felony drunk driver" means a felon convicted of operating a motor vehicle under the influence of intoxicating liquor or a controlled substance, or both, third or subsequent offense, under section 625(9)(c) of the Michigan Vehicle Code, 1949 PA 300, MCL 257.625, or its predecessor statute, punishable as a felony. A. Convicted felony drunk driver offenders that are intermediate or straddle cell offenders with a sentencing guideline of a maximum of 18 months and the prior record variable is less than 35 points. B. Are alcohol dependent or abusing. C. I have not caused serious injury in an alcohol or drug related crash. D. no not have a violent felony conviction in the past ten years. Do not have more than one violent misdemeanor conviction in the past ten years. 1.6 Monitoring and Reporting Program Performance A, Monitoring: Data Program Participation and Offender Profile Data must be maintained 'within the data management system approved by the State-MDOC and remain current throughout the term of the Grant. If applicable, the Grantee must upload all program participation and offender profile data to tlae data management system approved by the State-MDOC no later than the 15 th day of each nionth. The Grantee shall enter program participation and offender profile data throughout the term of this Grant. Data and information are to be submitted in a format provided by the State-MDOC that at a riTinimum includes: Data pertaining to offender participation in all programs. Selected characteristics of offenders determined eligible for and enrolled in pro grams . 4 5 Perforrnanees The Grantee shall conduct a l:omial on-site assessment of each sub Grantee's, program operations .fiscal administration. Al] on-site assessments completed by the Grantee shall be forwarded to the State-MDOC. At a minimum, the assessment should include: 1. Compliance with Grant specifications. 2. Compliance with applicable licensure requirements. 3. Compliance with pertinent Fccie.ral and State statutes. 4. Progress in resolving corrective actions required by prior assessments. C. IVEdyear and Year-End Reports: I. A midyear report shall be submitted by March 15 111 each year of the Grant. The report is to be submitted on forms or in a format provided by the State-MDOC. 2. A year-end report, as prescribed by the State-MDOC, shall be submitted by October 31'1 each year of the current Grant. The report is to be submitted on forms or in a format provided by the State-MIDOC. D. CCAB Mcetinc, Minutes: The Grantee shall provide the State-MDOC with copies of local CCAB meeting minutes within 30 days of being approved by the local CCAB Board. PART if - GENERAI, PROVISIONS 2,1 The Grantee must obtain prior written approval for major project changes from the Grant Administrator 2.2 Record Retention The Grantee shall retain all financial records, supporting documents, statistical records, and all other pertinent records for a period of seven years or greater as provided by law following the creation of the records or documents. . 2.3 Project Income To the extent that it can be determined that interest was earned on advances of funds, such interest shall be remitted to the State-MDOC. All other program income shall either be added to the project budget and used to further eligible program objectives or deducted from the total program budget for the purpose of determining the amount of reimbursable costs. The final determination shall be made by the Grant Administrator. 2.4 Purchase of Equipment The purchase of equipment not specifically listed in the Budget must have prior written approval of the Grant Administrator. Equipment is defined as non-expendable personal property having a useful life of more than one year. Such equipment shall be retained by the Grantee unless otherwise specified at the time of approval. 2.5 Accounting The Grantee shall-adhere to the Generally Accepted Accounting Principles and shall maintain records which will allow, at a minimum, for the comparison of actual outlays with budgeted amounts. The Grantee's overall financial management system must ensure effective control over and accountability for all funds received. Accounting records must be supported by source documentation including, hut not limited to, balance sheets, general ledgers, timesheets and invoices. 'Elie expenditure of State funds shall be reported by line item and compared to the budget. Funds provided under this Grant shall be maintained or accounted for within a Special Revenue Fund. 2.6 Audit The Grantee agrees that the State-MDOC may, upon 24-hour notice, perform an audit and/or monitoring review at Grantee's location(s) to determine if the Grantee is complying with the requirements of the Grant, The Grantee agrees to cooperate with the State-MDOC during the audit and/or monitoring review and produce all records and documentation that verifies compliance with the Grant requirements. The State-MDOC may require the completion of an audit before. final payment. If the Grantee is a governmental or non-profit organization, then Grantee is required to submit a single audii report to all EVI,C11CleS that provided Federal funds to the entity during the fiscal year being audited. If the Grantee is a commercial or for profit organization which is a recipient of Workforce Investment i'ket Title I funds and expends more than the minimum level specified in Office of 1\-4anagement and Budget (0MB) Circular A.-133 ($500,000.00 as of June 27, 2003), then the Grantee must h.ave either an organization-wide audit conducted in accordance with A-133 or a program-specific financial and compliance audit conducted. Section .320(a) of OMB Circular A-I.33 states the Single Audit report must be submitted to the State-MDOC within 30 days after the completion of the audit, but no later than nine months after the end of the Grantee's fiscal year. 2_7 Competitive Bidding The Grantee agrees that all procurement transactions involving the use of State funds shall be conducted in a manner that provides maximum open and fret competition. When competitive selection is not feasible or practical, the Grantee agrees to obtain the written approval of the Grant Administrator before making a sole source selection. Sole source contracts should be negotiated to the extent that such negotiation is possible. 2.8 Liability The State-MDOC is not liable fonany costs incurred by the Grantee before the start date or after the end date of this Grant. Liability of the State-MDOC is limited to the terms and conditions of this Grant and the grant amount. 2_9 Intellectual Property Unless otherwise required by law, all intellectual property developed using funds from this CZirant, including copyright, patent, trademark and trade secret, shall belong to the Grantee. 3.0 Safety '[he Grantee, all Contractors, and subcontractors are responsible for insuring that all precautions are exercised at all times for the Protection of persons and property. Safety provisions of all applicable laws and building and construction codes shall be observed. The Grantee, contractors, and every subcontractor are responsible for compliance with all Federal, State and local laws and regulations in any manner affecting the work or performance of this Grant and shall at all times carefully observe and comply with all rules, ordinances, and regulations. The Grantee, all contractors and subcontractors shall secure all necessary certificates and permits from municipal or other public authorities as may be required in connection with the performance of this Grant. ladetrmitication Deleted — Not Applica.ble lation nintie alai:" -terminate this Grant without further liability or penalty to the State, its the following reasons Termination for Cause in the event that the Grantee breaches any of its material duties or obligations under this Grant or poses a serious and imminent threat to the health and safety of any person, or the imminent loss, dainage or destruction of any real or tangible personal property, the State may terminate this Grant immediately in whole or in part liar cause, as of the date specified in the notice of termination. In the event that this Grant is terminated for cause, the Grantee shall be responsible for all legal remedies available to the State by law or equity or as ordered by a court of competent jurisdiction, which may include State administrative costs, reasonable attorneys' fees and court costs, and any reasonable additional costs the State may incur. (b) Termination -flir Convenience A:he State may terminate this Grant for its convenience, in whole or part, if the State determines that such a termination is in the State's best interest. Reasons for such termination shall be left to the sole discretion of the State and may include, but not necessarily be limited to (a) the State no longer needs the services or products specified in the Grant, (b) relocation of office, program changes, changes in laws, rules, or regulations make implementation of the services no longer practical or feasible. The State may terminate this Grant for its convenience, in whole or in part, by giving Grantee written notice at least thirty days prior to the date of termination. If the State chooses to ten-innate this Grant in part, the budget shall be equitably adjusted to reflect those reductions. Non-Appropriation_ lirantee acknowledges that continuation of this Grant is subject to appropriation or availability of funds for this Grant. If funds to enable the State to effect continued payment under this Grant are not appropriated or otherwise made available (including the Federal government suspending or halting the program or issuing directives preventing the State from continuing the program), the State shall have the right to terminate this Grant, in whole or in part, at the end of the last period for which funds have been appropriated or otherwise made available by giving written notice of termination to the Grantee. The State shall give the Grantee at least thirty days advance written notice of termination for non-appropriation or unavailability (or such time as is available if the State receives notice of the final decision less than thirty days before the funding cutoff). In the event of a termination under this section, the Grantee shall, unless otherwise directed by the State in writing, immediately take all reasonable steps to terminate its operations and to avoid and/or minimize further expenditures under the Grant. (d) Criminal Conviction -(11e State may terminate this Grant immediately and without further liability or penalty in the event Grantee, an otficier of Grantee, or an owner of a 25% or greater share of Grantee is convicted of a criminal offense incident to the application for, or performance of, a State, public or private contract or subcontract or grant; convicted of a criminal offense, including any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical' conduct standards for State of Michigan employees; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which in the sole discretion of the State reflects upon Grantee's business integrity. , agencies., offices, commissions, officers, agents and employees for an of 8 ) ,Appro vats Res° inded The State may terminate this Grant without further liability or penalty in the event any final administrative or judicial decision or adjudication disapproves a previously approved request for purchase of personal set-vices pursuant to Constitution 1963, Article 11, § 5, and Civil Service Rule 7-1, Termination may be in whole or in part and may he immediate as of the date of the written notice to Grantee or may be effective as of the date stated in such written notice. 3.3 No State Employees or Legislators No member of the Legislature or Judiciary of the State of Michigan OT any individual employed by the State shall be permitted to receive benefits as a Grantee or as a subcontractor of this Grant. This section, however, does not preclude a member of the Legislature or Judiciary of the State of Michigan or an individual employed by the State from participating as an eligible offender in accord with the goals and objectives of the Grant. Non-Discrimination In the performance of the Grant, the Grantee agrees not to discriminate against any employee or applicant for employment, with respect to his or her hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability. Grantee further agrees that every subcontract entered into for the performance of this Grant will contain a provision requiring non-discrimination in employment, as here specified, binding upon each subcontractor. This covenant is required pursuant to the Elliott ,amen Civil Rights Act, 1976 PA 453, 1MCL 37.2101, et seq. and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and any breach of this provision may be regarded as a material breach of the Grant. 3.5 Unfair Labor Practices Pursuant to 1980 PA 278, MCL 423.231, et seq., the State shall not award a grant or subcontract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled pursuant to Section 2 of the Act. This information is compiled by the United States National Labor Relations Board. A Grantee, in relation to the Grant, shall not enter into a contract With a subcontractor, manufacturer, or supplier whose name appears in this register. Pursuant to section 4 of 1980 PA 278, MCL 423.324, the State may void any Grant if, subsequent to award of the Grant, the name of the State-MDOC as an employer or the name of the subcontractor, manufacturer or supplier of the State-MDOC appears in the register. '3(3 Certification Regarding Debarment Na Grantee certifies, by signature to this Grant, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Grant by any Federal or State department or agency. If the Grantee is unable to certify to any portion of this statement, the Grantee shall attach an explanation to this Grant, ,3.7 Illegal influence (a) The Grantee certifies, to the best of his or her knowledge and belief that: 9 ( bsio Federal appropriated hinds have been paid nor will be paid, by or on behalf of to any person for influencing or attempting to influence an officer or y agency, a member of Congress, an officer or employee of Congress, or (iimployee of a member of Congress in connection with the awarding of any Federal coritraet, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Grant, the Grantee shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Grantee shall require that the language of this certification be included in the award documents for all grants or subcontracts and that all subrecipients shall certify and disclose accordingly. The State has relied upon this certification as a material representation. Submission of this certification is a prerequisite for entering into this Grant imposed by 31 USC § 1352. Any person who fails to file the required certification shall be subject to a Civil penalty of not less than 510,000.00 and not more than S100,000.00 for each such failure. (I)) The Grantee certifies, to the best of his or her knowledge and belief that no State funds have been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any State agency, a member of the Legislature, or an employee of a member of the Legislature in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, - continuation, renewal, amendment, or modification of any State contract, grant, loan or cooperative agreement. 3.8 Governiny Law The Grant shall in all respects be governed by, and construed in accordance with, the substantive laws of the State of Michigan without regard to any Michigan choice of law rules that would apply the substantive law of any other jurisdiction to the extent not inconsistent with, or pre- empted by Federal law. 3.9 Compliance with Law's 171.1c Grantee shall comply with all applicable State, Federal, and local laws and ordinances (-applicable laws") in performing this Grant. 4,0 JUriSdiCti011 ,kny dispute arising, from the Grant shall be resolved in the State of Michigan. With respect to any claim between the parties, the Grantee consents to venue in Ingham County, Michigan, and irrevocably waives any objections it may have to such jurisdiction on the grounds of lack of personal jurisdiction of such court or the laying of venue of such court or on the basis of forum non Coriveniens or otherwise. The Grantee agrees to appoint agents in the State of Michigan to it service of process. 10 stgnineri Granicc shall not have the right to assign the Grant, or to assign or delegate any of us duties or obligations linder the Gram, to any other party (whether by operation of law or otherwise), \,vithout the prior written consent of the State-MDOC. Any purported assignment in violation of this section shall he null and void. Entire Grant The Grant, including any attachments, constitutes the entire Grant between the parties with respect to the Grant and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Independent Grantee Relationship The relationship between the State and Grantee is that of client and independent Grantee. No agent, employee, or servant of Grantee or any of its subcontractors shall be or shall be deemed to be an employee, agent or servant of the State for any reason. The Grantee will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of the Grant. 4.4 Conflicts In the event of a conflict between the terms of this Grant and any Federal or State laws or regulations. the Federal or State laws or regulations will supersede any contrary term contained in this Grant. 11 MICHiGAN DEPARTMENT OF CORRECTIONS OFFICE OF (0iViiVitINITY ALTERNAFFVES 1-`•( 2413 E•LE,ID[NC, PRopos-A, cr=,,K!..AND criuNinf Comprehensive Plans & Services , ! 1 T -;:al Funciipg Pmfar,arn Program Code • .':'J noir g Re Ci ClIZ A - Approved Funding Reserved Funding R,acomnaendatipn Comp...H:2 Service Al9 . Crew • Inmate A25 \225 k Crp‘..v - Comanurty .A26 - Group-B•a.ised Programs tdi ltion BOO _ . [:• 1.- ,a .ent f[15 12 [316 . i, iv 021 386,321 386,321 386,321 f ,53V[olence . COS • 't .i .b.ar COG - .n - 2thusp G'[.8 Co ••• (.133.,.up Services COO Supemision Programs ay Reporting DOLT . i•: '0 '101 D23 r1 '. itoring DO[3 .53,552 53,502 53,552 F23 144,4[1 144,481 144,481 or Services ...- -•nt 122 89,621 83,421 83,621 13, • E • ••:-ent [222 3812[323 384,5:33 384,523 Gatekeep: .:. vlomtor r 123 125 95,442 95,442 95,442 :a.103ement 124 304,284 304,284 304,284 ae Abuse Testing (517 '7 ZOO ..._ Program Total id52324 1,452,324 1„452,324 ... i _ 1 Administration Total i qP,r3E2 99,0E-2 -F 99,662 D..... _ _ ... • I rietal Comprehensive Plans & SerViCeS 1,551,986 1551,986 1,551,986 Drunk Driver Jail Reduction 1 Totail Ford 13 Program Program Code Funding E. qu, at Approved Funding Reserved Funding- Re.comPlencition • . • :1-,iiCe.S: -7 017. ' , • n i ii C [ 1 1 . . - FISCAL NOTE (MISC . #13024) February 7, 2013 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION — FY 2013 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Michigan Department of Corrections (MDOC) has awarded the Oakland County Community Corrections Division funding in the amount of $2,005,574 for the period of October 1, 2012, through September 30, 2013 which is the same amount as requested in the application. 2. Michigan Department of Corrections holds the contracts for all residential services, meaning $208,771 of the $2,005,574 award has been allocated for Residential Services but will not be recorded as income. 3. The remaining amount of $1,796,803 is the County's responsibility as detailed on Schedule A. 4. This is the eighteenth (18th) year of the grant award with the Michigan Department of Corrections, Office of Community Corrections. 5. The grant provides funding for positions in the Community Corrections Division and the Sheriff's Office. 6. The grant funds the following Community Corrections Division positions: ten (10) Community Corrections Specialists II (positions #07425, 07426, 07429, 07432, 07433, 09243, 09247, 09291, 09648, 09649, one (1) PINE Community Corrections Specialist ll (position 09292), one (1) Office Assistant II (position #09295), one (1) Community Corrections Specialist III (position #07428), and one (1) PTNE Community Correction Specialist I (position #09397). 7. The grant will also fund 50% of the following positions in Community Corrections: one (1) Community Corrections Support Specialist (position #07834) and one (1) Supervisor-Community Corrections (position #09396), which are partially GF/GP funded. 8. The grant funds the following Sheriff's Department positions: three (3) Inmate Caseworkers (positions #07418, 07419 and 07420), one (1) PTNE Office Assistant II (position #07417), and one (1) FTE Inmate Substance Abuse Tech (position #07421). 9. No County match is required with this grant; however, the FY2013 Budget of this grant includes two (2) positions: (#1070403-07834 and #1070410-09396) partially General Fund/General Purpose funded in Community Corrections. 10. The grant agreement has been approved by the County Executive's Contract Review Process. 11. The FY 201 3 Adopted Special Revenue (SR) budget is amended as detailed in the attached Schedule A to reflect the new grant award of $1,796,803 ($2,005,574 less allocation for residential services held by Michigan Dept of Corrections of $208,771) which is $5,500 less than the adopted budget of $1,802,303. FINANCE COMMITTEE ri A n A FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long and Quarles absent. /Ji /)3 Resolution 13024 February 7, 2013 Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. I HEREBY APPR9tIE THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 February 7, 2013, 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 7 th day of February, 2013. X-02x/ Lisa Brown, Oakland County