Loading...
HomeMy WebLinkAboutResolutions - 2013.05.09 - 20800MISCELLANEOUS RESOLUTION #13096 May 9, 2013 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: MULTI-DEPARTMENTAL: PROSECUTING ATTORNEY, CIRCUIT COURT - FAMILY DIVISION, AND CHILDRENS VILLAGE — PROGRAM YEAR 2012 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) AMENDMENT ACCEPTANCE AND PROGRAM EXPANSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Human Services (DHS) has amended grant funding to the Juvenile Accountability Block Grant (JABG) for program year (PY) 2012 and extended the period of performance from April 1,2012 through March 31, 2014; and WHEREAS the DHS chose to amend and extend the PY 2012 award for one additional year; in lieu of a separate PY 2013 grant award; and WHEREAS this grant award also provides funding for the City of Pontiac; and WHEREAS Oakland County will serve as fiduciary and lead agency for the entire award; and WHEREAS an intergovernmental agreement has been drafted (as attached) by Oakland County Corporation Counsel and will be submitted to the City of Pontiac for signature; and WHEREAS this is the fifteenth (15th) year of grant acceptance for this program; and WHEREAS the PY 2012 grant award was accepted per MR. #12047; and WHEREAS the DHS has amended and awarded Oakland County $98,102 of additional funding for PY 2013; $88,292 as a Federal pass-through and a 10% required match of $9,810; and WHEREAS the required County match is included in the Fiscal Year 2013 Non-Departmental Adopted Budget; and WHEREAS the multi-departmental grant award provides project funding focusing on areas of opportunity to increase accountability for juvenile criminal offenses and increase accountability in the juvenile system; and WHEREAS the PY 2013 grant program consists of two projects: 1) Prosecutor Accountability— Teen Court program continuation and expansion to the City of Pontiac including Teen Court supplies and 2) Circuit Court Juvenile Drug Court Art Therapy program continuation; and WHEREAS the grant award continues funding for one (1) Probation Officer I position (4010201-09330) for the Teen Court Program; and WHEREAS the grant amendment has been reviewed and approved through the Grant Review Process; and WHEREAS due to the grantor's constrained timeframe within which the executed grant amendment must be returned to DHS, the amendment has been sent to the Board of Commissioners' Chairperson for signature prior to the completion of the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts PY 2013 grant funding from the Department of Human Services in the amount of $98,102 including grantor funds of $88,292 and County matching funds of $9,810 for the extended program year period of April 1, 2012 through March 31, 2014. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, and continuation of the special revenue position is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execul,z: the grant agreement and to approve any grant extensions or changes within fifteen percent (15%) of the original award, which is consistent with the original agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the.adoptioligf the foregoing resolution. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with Bosnic absent. Katie West From: Sent: To: Cc: Subject: Jones, Karen <jonesk@oakgov.com > Monday, March 25, 2013 2:51 PM 'West Catherine'; Davis, Patricia'; 'Secontine, Julie '; 'VanPelt, Laurie' 'McMurtry, Julie'; 'Howes-Evanson, Jacqueline'; 'Lisa Langton'; 'Malone, Prentiss'; 'Falarcieau, Nancy' RE: GRANT REVIEW: Multi-Departmentai - Prosecuting Attorney, Circuit Court - Family Division - PY 2012 Juvenile Accountability Block Grant (JABG)- Grant Amendment Approved. From: West, Catherine Innailto:westca0oakgov.corril Sent: Monday, March 25, 2013 9:31 AM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Cc: McMurtry, Julie; Howes-EvailbUil, Jacqueline; Lisa Langton; Malone, Prentiss; 'Falardeau, Nancy' Subject; GRANT REVIEW: Multi-Departmental - Prosecuting Attorney, Circuit Court - Family Division - PY 2012 Juvenile Accountability Block Grant (JABG)- Grant Amendment Please Note: DHS has issued an amendment to the PY2012 JABG grant extending it one year and including the 2013 funding in lieu of granting a new award for project year 2013. Please see Item S (Options to Renew) located on page 34 in the 2012 JABG award document. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Multi-Departmental - Prosecuting Attorney, Circuit Court Family Division PY 2012 Juvenile Accountability Block Grant (JABG) Michigan Department of Human Services 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 Commen : April 1, 2013 GRANT INFORMATION Date: March 25, 2013 Operating Department: Prosecuting Attorney, Circuit Court — Family Division Department Contact: Katie West, Fiscal Services Contact Phone: 248 858-2384 Document Identification Number: JAIBG-12-63001 REVIEW STATUS: Amendment to Current Contract over 15% Funding Period: April 1, 2012 through March 31, 2014 New Facility / Additional Office Space Needs: None GRANT REVIEW SIGN OFF — Multi-Departmental: Prosecuting Attorney, Circuit Court — Family Division, Children's Village GRANT NAME: PY 2012 Juvenile Accountability Block Grant (JABG) FUNDING AGENCY: Michigan Department of Human Services DEPARTMENT CONTACT PERSON: Katie West, Fiscal Services, 248 858-2384 STATUS: Amendment #1 to current contract over 15% DATE: March 27, 2013 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 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 (3125/2013) Department of Human Resources: Approved. — Karen Jones (3/25/2013) Risk Management and Safety: Approved by Risk Management. — Julie Secon e (3/26/2013) Corporation Counsel: There appear to be no unresolved legal issues that require action at this time. — Karen P. Agacinski (3/27/2013) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Federal Office of Management and Budget (OMB) Circular No. A-87, A-102, and A-133 hup://www.whitehouse.gov/omb/circularsiindex.html US Do.f 0,TP Financial Guide http://www .ojp .usdo j,g o vlfinancialgui de/in dex.htrn Department of Justice Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) Section 42.302 http://www . access. 14P o.govinara/cfilwaisitix_ 01/28cfr42 01.1=1 US DoJ Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) htto://www.access.apo.govInara/cfrAvaisidx 04 /28cfr -v2 04.html Executive Order 13513 "Federal Leadership on Reducing Text Messaging While Driving" http://www.whitehouse.gov/the_press office/Executive-Order-Federal-Leadership-on-Reducing-Text-Messaging- while-Driving/ 0.11,1DP Grant Programs (28 CFR Part 31) http://ww w. access.gpo. go vinara/cfr/ wa isidx 01128cfr31 01.13tml Department of Justice Protection of Human Subjects (28 CFR Part 46) http ://ww w. access. gpo .vovinara/cfr/waisidx 04128cfr46 04.html Federal Funding Accountability and Transparency Act (FFATA) of 2006 (Public Law 109-282) littp:/iwww.gno.s.,,ov/fdsys/pkg/PLAW-109pubL282/pdf/PLAW-109pub1282.pdf Michigan State Constitution of 1963 (Excerpt), Article XI § 5 http://www.legislatureani.gov/(S(mwv gws45khv2g255solxhp55))/mile,g.aspx?page=getObject&obj ectNaine—Inc1- Article-XI-5 Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d) htto://wWW.usdoj ,govicrticor/coordltitlevistat.htm Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legislature.rni.gov/(uq3 lxgeltrat-15z55z2uiwv45)/rrtileg.aspx?page=getobj ect&oblectname----mcl-Act- 453-of-1976&quervid=14718540 The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101) http://frwebgate4.access.gpo.2ov/cgi -bin/waisgate.cgi?WAISdocID---42030427315+0+0+0&WAISaction—retrieve Michigan Persons with Disabilities Civil Rights Act — "Act 220 011976" http;//w ww.legislature.mi gov /(uq31 x veltmd5z55z2uiwv45)/mileg.aspx?pa(2e—getobj ectSzobjectnarne=m1-A c t - 220-of-1976&quervid=14718589 The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section '794) http://www.dol.govioasam/regs/statutesisec504.htm Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title H) http://www cms.hhs „govfliIP AAGenInfo/Downloads/HIPAAlaw de df Michigan —Freedom of Information Act 442 of 1976 (MCL 15.231) http://www.legislature.rci.gov/(S(mxubm5f1vb5ubayl cp3x0efl '0/naileg. aspx?paae=getObj ec ter objectName=mc1-15- 231 Services provided by charitable, religious, or private organizations (42 USC 604a) http://frwebQatc5.access.epo_,,govicgi -biniwaisgate.cgi?WAISdocID=993865208201±0 0-i-0&W AiSaz don—retrieve Restrictions on Lobbying (28 CFR part 69) http://www.access.gpo. ,2,v/naralrcfr/waisidx_04128cfr69 04.hunl Government-Wide Debarment and Suspension (28 CFR, Part 67) http ://www.access,gpo. v/nara/c fr/w aisidx_04128 c fr67_ 04 .htnal Michigan Executive Order 2003-1 - Procurement Of Goods And Services From Vendors In Compliance With State And Federal Law http://www.rnichigan.gov/gov10,1607.7 -168-21975_21977-58719--,00.htral Title IX, Education Amendments of 1972 (Title 20 U.S.C. Sections 1681 -1688) http:// www. dol. g.o v/oasamireg, s/stat-utes/tifieix, htm Age Discrimination Act of 1975 42 U.S.C. Sections 6101 -6107 htto://www . dol. go v/oasauVreg sista tut es/ ag e ac L.httn Equal Treatment for Faith Based Organizations (28 CFR Part 38) http://wl,vvr.usdoj4,Yovlovvv/doesiasgmemoreimplementationof28cfrpart38,pdf Tribal Colleges and Universities (Executive Order 13270) http ://ww w.doe.govisitesiprod/fi les1E0%2 0 13 270%20Triba1%20Co11e es%20and°/020 U niversiti es.pdf Omnibus Crime Control and Safe Streets Act of 1968 (42 USC 3789d) http://www.usdoi .2ov/crtisplit/42usc3 7 8 9 d.htm Juvenile Justice and Delinquency Prevention Act MVP° jdn.ncirs.oEgiabout/jj dpa2002 titiev.pdf Victims of Crime Act Administrative Provisions (42 USC Section 10604) http://www.usdoi.gov/ert/cor/byagency/doj 1 0604.htm Katie West From: Sent To: Cc: Subject VanPelt, Laurie <vanpeltl@oakgov,com> Monday, March 25, 2013 1:40 PM 'West, Catherine'; 'Davis, Patricia'; 'Jones, Karen'; 'Secontine, Julie ' 'McMurtry, Julie'; 'Howes-Evanson, Jacqueline'; 'Lisa Langton'; 'Malone, Prentiss'; 'Falardeau, Nancy' RE: GRANT REVIEW: Multi-Departmental - Prosecuting Attorney, Circuit Court - Family Division - PY 2012 Juvenile Accountability Block Grant (JABG)- Grant Amendment Approved. From West, Catherine [mailto:westca(@oakgov.corn] Sent: Monday, March 25, 2013 9:31 AM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Co: McMurtry, Julie; Howes-Evanson, Jacqueline; Lisa Langton; Malone, Prentiss; 'Falardeau, Nancy' Subject: GRANT REVIEW: Multi-Departmental - Prosecuting Attorney, Circuit Court - Family Division - PY 2012 Juvenile Accountability Block Grant (JABG)- Grant Amendment Please Note: DHS has issued an amendment to the PY2012 JABG grant extending it one year and including the 2013 funding in lieu of granting a new award for project year 2013. Please see Item S (Options to Renew) located on page 34 in the 2012 JABG award document. GRANT REVIEW FORIVI TO: REVIEW DEPARTMENTS — Laurie Van Pelt Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Multi-Departmental - Prosecuting Attorney, Circuit Court — Famil y Division PY 2012 Juvenile Accountability Block Grant (JABG) Michigan Department of Human Services 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 r e p l y ( t o all) of this email. Time Frame for Returned Comments: April 1, 2013 GRANT INFORMATION Date: March 25, 2013 Operating Department: Prosecuting Attorney, Circuit Court — Family Division Department Contact: Katie West, Fiscal Services Contact Phone: 248 858-2384 Document Identification Number: JAIBG-12-63001 REVIEW STATUS: Amendment to Current Contract over 15% Funding Period: April 1, 2012 through March 31, 2014 New Facility I Additional Office Space Needs: None Katie West From: Sent: To: Subject: Secontine, Julie <secontinej@oakgov.corn> Tuesday, March 26, 2013 9:22 AM 'West, Catherine' RE: GRANT REVIEW: Multi-Departmental - Prosecuting Attorney, Circuit Court - Family Division - PY 2012 Juvenile Accountability Block Grant (JABG)- Grant Amendment Approved by Risk Management. From: West, Catherine Ernailto:westcataoakgov.com] Sent: Monday, March 25, 2013 9:31 AM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Cc: McMurtry, Julie; Howes-Evanson, Jacqueline; Lisa Langton; Malone, Prentiss; 'Falardeau, Nancy' Subject: GRANT REVIEW: Multi-Departmental - Prosecuting Attorney, Circuit Court - Family Division - PY 2012 Juvenile Accountability Block Grant (JABG)- Grant Amendment Please Note: DHS has issued an amendment to the PY2012 JABG grant extending it one year and including the 2013 funding in lieu of granting a new award for project year 2013. Please see Item S (Options to Renew) located on page 34 in the 2012 JABG award document. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Multi-Departmental - Prosecuting Attorney, Circuit Court — Fair. Division PY 2012 Juvenile Accountability Block Grant (JABG) Michigan Department of Human Services 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: April 1, 2013 GRANT INFORMATION Date: March 25, 2013 Operating Department: Prosecuting Attorney, Circuit Court — Family Division Department Contact: Katie West, Fiscal Services Contact Phone: 248 858-2384 Document Identification Number: JAIBG-12-63001 REVIEW STATUS: Amendment to Current Contract over 15% Funding Period: April 1, 2012 through March 31, 2014 New Facility! Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None M/WDBE Requirements: Yes, compliance with OMB circular A-102 Katie West From: Sent: To: Subject: Agacinski, Karen <agacinskik@oakgov.com > Wednesday, March 27, 2013 3:37 PM 'West, Catherine'; Julie Secontine; Laurie VanPelt; Jones, Karen; McMurtry, Julie; Jackie Howes-Evanson; Langton, Lisa; Malone, Prentiss; 'Nancy Falardeau' Grant Review: Multi-Departmental - Prosecuting Attorney, Circuit Court - Family Division - PY 2012 Juvenile Accountability Block Grant (JABG) - Grant Amendment GRANT INFORMATION Operating Department: Prosecuting Attorney, Circuit COurt — Family Division Department Contact: Katie West, Fiscal Services Contact Phone: 248 858-2384 Document Identification Number: JAIBG-12-63001 Funding Period: April 1,2012 through March. 31. 2014 New Facility / Additional Office Space Needs: None II Resources (New Computer Hardware / Software Needs or Purchases): None MPWDBE Requirements: Yes, compliance with OMB circular A-IO2 Funding: Continuation Application Total Project Amount: $38,720.00 (Oakland County Program Year 2013 application) Prior Year Total Funding: $128,095.00 (Program Year 2011) New Grant Funded Positions Request: Continuation of Prosecutor Teen Court position number #4010201 - 0 9 3 3 0 Grantor Funds: $185,913.00 (Program Year 2012 is $97,621.00) Additional funding for Program Y e a r 2 0 1 3 i s $88,292.00 Total Budget $206,569.00 00 (Program Year 2012 is S108,467.00) Additional funding for Program Yea r 2 0 1 3 i s $98,102.00 Match and Source: $20,656.00, 10% required match is included in the General Fund Non-Departmental g r a n t m a t c h budget (Program Year 20112 is 510,846.00) Match for Program Year 2013 is $9,810,00 PROJECT SYNOPSIS The multi-departmental grant is focusing on two project areas of opportunity to increase accountability f o r j u v e n i l e criminal offenses and increase accountability in the juvenile justice system. The projects include: 1) Prosecutor Accountability - Teen Court program continuation, and 2) Circuit Court Juvenile Drug Court Art Therapy pro g r a m . continuation. Oakland County submitted an application requesting $34,848.00 of punt funding for program year 201 3 . T h e $ 3 4 , 8 4 8 . 0 0 would cover a portion of the probation officer position for the Teen Court Program and help fund the Art Th e r a p y Program. After the application was submitted, DHS informed the City of Pontiac they were eligible to receiv e $ 5 3 , 4 4 4 . 0 0 in JABG funding. The City of Pontiac signed a letter of intent with the option of electing Oakland County a s t h e i r fiduciary. The combined grant funds (Oakland County and Pontiac) for 2013 are $88,292.00. The City of Po n t i a c Wants to utilize their funding to expand the Teen Court Program into Pontiac. Instead of issning an award for Program Year 2013, DHS sent Oakland County an amendment to the 2012 JABG grant The amendment extends the grant period by one year, includes OC' s application amount for 2013 and Pontiac's funding for 2013, changes to the program description, and additional requirement changes. REVIEW STATUS: Amendment to Current Contract over 15% There appear to be no unresolved legal issues that require action at this time. Thank you, Karen P. Aaacinski, Assistant Corporation Counsel Department of COrporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3 rd Floor Pontiac, MI 48341 1 JABG Grant Number: 3A1BG12-63001 intergovernmental Agreement Between The County of Oakland and The City of Pontiac This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County), and the City of Pontiac, a Municipal Corporation, 47450 Woodward Avenue, Pontiac, Michigan 48342 (Pontiac). In this Agreement, the County and Pontiac may be referred to individually as "Party" or jointly as "Parties." In consideration of the mutual promises, obligations, representations and assurances in this Agreement, the Parties agree as f011ows:. Purpose of Azreem ent 1.1. The Juvenile Accountability Block Grant (JABG) program administered by the State Relations and Assistance Division of the Office of Juvenile Justice and Delinquency Prevention (0.1.1DP), Office of Justice Programs, U.S. Department of Justice, provides block grants to states for programs promoting greater accountability in the juvenile justice system. 2. The County of Oakland and the City of Pontiac are eligible for grant funds under the Juvenile Accountability Block Grant (JABG) for program year 2013. 1.3. Pursuant to the attached Michigan Department of Human Services Juvenile Accountability Block Grant Intent Form, Pontiac has indicated that it wishes to combine its direct JABG allocation with JABG funds that the County will receive. Pontiac has requested that the County, in the capacity of fiduciary, accept and expend the funds for Pontiac's benefit consistent with the goals, terms, and conditions of the grant and its amendment number 1. 1.4. The Parties enter into this Agreement to establish the terms and conditions for such a relationship for the purpose of administering JABG grant funds for the grant period which began on April 1, 2012 and extends through March 31, 2014. 2. Definitions 2.1. "Oakland County (County)" and "City of Pontiac (Pontiac)" each shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, volunteers andior any such persons' successors of the referenced governmental entity or unit ("Agents"). 2013 Intergovernmental Agreement Oakland County, Pontiac JABG Grant Number: JAfBG12-63001 3. Terms 3.1. The County will execute the amendment to Grant Contract Number: JAIGB-12- 63001 and return it to the Michigan Department of Human Services for the aggregate of JABG funds allocated to the Parties for the period specified in the grant amendment number 1. 3.2. The County will accept grant funds on its own and on Pontiac's behalf. 3.3. The County will act as the fiduciary for any funds granted to Pontiac for Grant number JA1BG12-63001. 3.4. The County will use any and all funds it receives under grant amendment number 1 only for expenses related to the programs described in the grant contract and grant amendment number I and only to serve the purposes defined in the grant. 3.5.- The County will complete reports and provide other information required to fulfill JABG grant requirements, 3.6, Pontiac shall comply with the County's reporting and fiscal management policies to the extent necessary to provide information required by the State of Michigan regarding use of grant funds and will 'provide any other information required pursuant to the grant application and/or grant agreement. 3,7. The County will pay grant program expenses for programs described in the grant and its amendment number 1 according to the County's purchasing and financial management policies and procedures. 3.8. Amount of Grant Funds. The funds granted to the Parties by the State of Michigan under the JABG program shall be combined and used for the operation of the programs, described in detail in the grant and its amendment number 1: 3.8.1. To the County of Oakland: the sum on; 132,469.00 3.8.2. To the City of Pontiac: the sum of $53,444.00 3.8.3, Total Grant Amount: the sum of $185,913.00 3.9, Duration. This Intergovernmental Agreement shall be for a term of the grant. 3.10. Termination. hither Party may terminate this Agreement on 7 days written notice for any reason provided such termination is not contrary to the terms and conditions of the JABG grant application and/or other conditions imposed upon the acceptance of grant funds, if any. 3.11. No Employee-Employer Relationship. Nothing in this Agreement shall be 2013 Intergovernmental Agreement Oakland County, Pontiac ABG Grant Number: A18612-63001 construed as creating an employer-employee relationship between the County (including any of its Agents) and Pontiac (including any of its Agents). 3.12. No Indemnification. Each Party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its Agents. Nothing in this Agreement shall be construed as creating an obligation to indemnify or defend the other Parties for any claim, damage or liability arising out of or stemming from the use of the grant funds managed by the County pursuant to this Agreement. 3.13. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation and/or any other right in favor of any other person or entity. 3.14. Reservation of Rights. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. 3.15. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by the Parties. 3.16. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supercedes all other. Ageements between the Parties governing the matters described here. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. 3.17. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained here. (Remainder of page intentionally blank) 2013 Intergovernmental Agreement Oakland County, Pontiac Date Date (print name) 1-a.1/5 - irk yi-2.2_1 JABG Grant Number: JAIBG12-63001 In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, and pursuant to the requirements of the Juvenile Accountability Block Grants (JABG) Program that in order to accept grant funds that are available, the Parties enter into this Agreement. For the City of Pontiac: 2013 Intergovernmental Agreement Ookla.nd County, Pontiac 4 Contract No.: JAIBG-12-63001 Amendment No.: 1 Grantee: Oakland County County: Oakland Method of Payment: Actual Cost 1st Year Amount: $97,621.00 2 Year Amount: $88,292.00 Total Contract Amount: $185,913.00 Check all contract years Yearl Year 2 El Year 3 affected by this amendment Year 4 Year 5 Year 6 STATE OF MICHIGAN DEPARTMENT OF HUMAN SERVICES WHEREAS, the Department of Human Services of the state of Michigan (hereinafter referred to as "DHS'') entered into a contractual Agreement effective April 1, 2012, with Oakland County (hereinafter referred to as "Grantee"), having a mailing address of 1200 N. Telegraph, Building 12E, Pontiac, MI 48341, for the provision of certain services as set forth therein; and, WHEREAS, it is mutually desirable to DHS and to the Grantee to amend the aforesaid Agreement. THEREFORE, in consideration of the promises and mutual covenants hereinabove and hereinafter contained, the parties hereto agree to the following amendment of said Agreement: Article I This amendment shall be effective from the date of DHS signature. Article It The maximum dollar amount of the Agreement shall be increased by $88,292.00 from $97,621.00 to $185,913.00 for the period April 1, 2012 to March 31, 2014. Rev. 12-12 From the total amount the maximum amount that may be expended during the following periods is: Agreement Period Amount April 1,2012 through March 31, 2013 $97,621.00 April 1, 2013 through March 31, 2014 $88,292.00 Payment shall be made in accordance with the attached budget. Article III In Section I., GRANTEE RESPONSIBILITIES, Item C., Location of Facilities, shall be amended to include the following locations: Pontiac School District Odell Nails Administration Building 47200 Woodward Avenue Pontiac, MI 48342 Stoney Creek High School 575 E. Tienken Rd. Rochester Hills, MI 48306 In Section I., GRANTEE RESPONSIBILITIES, Item H., Services to be Delivered shall be deleted and replaced with: Service #1 of 3: Teen Court 1. Activities the Grantee shall perform: The Grantee shall: a. Accept low level misdemeanor crime referrals from local law enforcement agencies and the Oakland County Prosecuting Attorney's Office for youth who have committed low level misdemeanor crimes. Provide a Probation Officer to oversee the Teen Court program. The Probation Officer's duties shall include, but are not limited to, the following: 1) Determine if referred youth are eligible to participate in Teen Court. Determination shall include the following activities: • Review case facts -2- Rev. 12-12 • Call Juvenile Intake to determine whether there are any previous diversion or other current actions pending • Cali Youth Assistance to determine whether there was any previous contact with family (may or may not involve juvenile Teen Court candidate) • Call officer-in-charge/assistant prosecutor to obtain additional inforrnation regarding the youth When a determination is made that a referred youth is eligible to participate in the Teen Court program the following actions shall be taken: • Assign a case number • Document acceptance in the Access database to track case • Create a physical case file • Prepare a letter of acceptance and send to the primary caregiver(s) • Schedule and conduct meetings with the primary caregiver(s) to communicate the Teen Court process and the expectations of juvenile candidates When a determination is made that a referred youth is not eligible to participate in the Teen Court program the following actions shall be taken: • Notify the referral source through a memorandum/letter a Document the determination in the youth's case file 2) Schedule a date and time for the Teen Court trial to occur. Prior to the Teen Court trial the following activities must occur: • Contact volunteer student attorneys and jurors by letter • Prepare individualized Teen Court protocol which includes: script, case summary, jury instruction, and sentencing standards which may include options such as restitution and community service • Distribute protocol to respective teen court participants • Confirm availability of judge for scheduled Teen Court date • Prepare and distribute an individualized session plan and case summary for volunteer student attorneys, bailiff, juror, and mentor roles • Coordinate schedule with paralegal 3) Perform the following activities on the day of the scheduled Teen Trial: • Ensure that the paralegal is available to provide assistance as needed on the day of the trial a Check-in Teen Court participants -3- Rev. 12-12 • Conduct individual pre-trial hearings with the student participants to confirm knowledge of their responsibilities and the case summary • After trial results and sentencing meet with student defendant to explain conditions of sentence and compliance requirements • Record results of trial in Access database 4) Perform post-sentence follow up for each youth to include the following activities: • Contact individuals and agencies whose support is required in order for the student defendant to comply with the conditions of the sentence and arrange for youth to participate in the agencies services and/or projects, i.e., restitution, community service, etc. • Distribute sentence compliance forms to appropriate agency/individuals • Follow-up with individuals and agencies included in youth's sentencing requirements to monitor youth's compliance with his/her sentence Arrange for drug testing as applicable to each youth • Schedule jury duty role in a future Teen Court for the youth • As part of satisfying a condition of sentence, schedule youth attendance at a violation of probation hearing to observe what happens at that hearing 5) Close the case files using the following guidelines: a. When a youth completes all components of their trial sentence: • Document completion in the youth's case file • Prepare and send a letter of completion to the juvenile and officer-in-charge • Record completion activities in the Access database b. When a youth does not complete all components of their trial sentence: Request a prosecutor order number to proceed with review for criminal action • Prepare memorandum and deliver to assistant prosecuting attorney to prepare petition • Contact the officer-in-charge and advise of youth's incompletion • Record action taken in the Access database 6) Promote awareness of the program to aid referrals of defendants by collaborating with local law enforcement, school liaison officers, local sheriff departments, mass mailing and presentations to professional organizations. -4- 7) Promote awareness of the program to aid referrals for student Teen Court by connecting with local schools including: students, administrators, teachers, parents, law day presentations, private attorneys, mass mailings, program information on Oakland County website, and presentations to professional organizations. 8) Continue ongoing program review by requesting an evaluation from all juvenile defendants and parents after each Teen Court session. The evaluation will be used to note participants' feelings on the program and to report the impact that the program had on the participants sense of responsibility and decision making skills. Additionally, the evaluatiOn will cover the juvenile's positive changes in behavior and awareness in realizing the negative consequences that their past behavior had on their community, primary caregiver(s), and family. The report is used internally to determine sites for Teen Courts sessions in subsequent years. The evaluation feedback allows the Probation Officer to identify schools and courts where the program is working most effectively and also assists in identifying ways to make the program more effective in other areas. 2. Volume of Service a. Clients — The estimated number of unduplicated eligible clients to be served during the period of this Agreement shall be: 62 Unit Definition(s): One unit equals one (1) hour of Grantee time implementing the Teen Court services to eligible youth and their families as described above. c. Units: The estimated number of units of service to be provided per term of Agreement shall be: 2080 Service #2 of 3: Art Therapy Program Activities the Grantee shall perform: The Grantee shall: a. Provide an Art Therapy Program as an alternative to group therapy treatment for youth ordered to complete drug court. b. Provide a Substance Abuse Therapist to manage and instruct the Art Therapy Program for eligible youth. The therapist shall: -5- Rev. 12-12 • Conduct two (2) art therapy workshops each consisting of 7-week sessions. Each weekly session shall last two (2) hours in duration for a maximum of 15 youth. • Arrange and schedule an art exhibition at the end of the program to display the projects completed by the program participants. • Obtain youth's agreement to participate in the Art Therapy Program and Art Exhibition. Obtain written consent from each youth's primary caregiver to allow his/her participation in the Art Therapy Program and Art exhibition. 2. Volume of Service: a. Clients — The estimated number of unduplicated eligible clients to be served during the period of this Agreement shall be: 15 b. Unit Definition(s): One unit equals one hour of Art Therapy Workshop provided by the Grantee. c. Units: The estimated number of units of service to be provided per term of Agreement shall be: 28 Service #3 of Fiduciary Services Activities the Grantee shall perform: The Grantee shall: a. Act as fiduciary for funds received under this Agreement, for purposes specified in this Agreement and administer Agreement funds for the purpose of managing a service delivery system and fulfilling oversight responsibilities. The Grantee as fiduciary shall ensure funds are expended in compliance with federal and state laws and with Agreement requirements. b. Make purchases, process invoices, and make payments to subcontractors in accordance with the Grantee's agency wide written purchase, contract, and competitive bid policies. The Grantee shall be exclusively restricted to purchases of those services and/or commodities that are reasonable and necessary to the prevision of services identified herein. c. Be specifically prohibited from subcontracting fiduciary responsibility under this Agreement, in whole or in part, to other entities. d. Determine reimbursement, authorize payments, and document subcontractors expenses. -6- Rev. 12-12 e. Comply with all Federal and state policies and rules to which the funds are subject including but not limited to fiscal and non-fiscal monitoring. f. Make prompt payment to all providers for services provided upon receipt of an approved billing statement. g. Perform the following activities with each subcontractor funded through this agreement. 1) Identify Federal awards made by informing each subcontractor of CFDA titleand number, award name and number, award year and name of federal agency. 2) Advise subcontractors of requirements imposed on them by Federal laws, regulations and the provisions of contracts as well as any supplemental requirements imposed by the Grantee. 3) Monitor the activities of subcontractors as necessary to ensure that Federal awards are used for the authorized purposes in compliance with laws, regulations and the provisions of contracts and that performance goals are achieved. 4) Ensure that subcontractors expending five hundred thousand doliars ($500,000.00) or more in Federal awards during the sub-contractors fiscal year have met the audit requirements for that fiscal year. 5) Issue a management decision on audit findings within six months after receipt of the subcontractors' audit report and ensure that the subcontractors take appropriate and timely corrective action. The management decision shall clearly state whether or not the audit finding is sustained, the reasons for the decision and the expected subcontractor action to repay disallowed costs, make financial adjustments or take other action. If the subcontractor has not completed corrective action, a timetable for follow-up shall be given. Prior to issuing the management decision, the Grantee may require additional information or documentation from the subcontractor including a requires for auditor assurance related to the documentation, as a way of mitigating disallowed costs. The management decision should describe any appeal process available to the subcontractor. 6) Consider whether subcontractor audits necessitate adjustment of the Grantee's own records. 7) Require each subcontractor to permit the Grantee and auditors to have access to the records and financial statements as necessary for the Grantee to comply to this part. -7- Rev. 12-12 Article IV In Section I., GRANTEE RESPONSIBILITIES, Item P., Federal Guidelines for Use of Juvenile Accountability Block Grant Funds, shall be amended to include the following: Based on the recent USDOJ Office of Civil Rights audit, all DHS USDOJ contracts must require any subgrantees or contractors to comply with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968(42 U.S.C. §3789d); the Victims of Crime Act (42 U.S.C. § 10604e); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672b); the Civil Rights Act of 1964(42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. §794); the Americans with Disability Act of 1990 (42 U.S.C. §12131-34); the Education Amendments of 1972 (20 U.S.C. §1681. 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §6101-07); Ex Order 13270 (equal organizations); and 28 C.F.R pt. 38 (U.S. Department of Justice Equal Treatment for Faith-Based Organizations). • Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin in the delivery of services (42 U.S.C. § 2000d), and the USDOJ implementing regulations at 28 C.F.R Part 42, Subpart c; The Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of race, color, national origin, religion, or sex in the delivery of services and employment practices (42 U.S.0 §3789d(c)(1)), and the USDOJ implementing regulations at 28 C.F.R. Part 42, Subpart D; Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (29 U.S.C. §794), and the USDOJ implementing regulations at 28 C.F.R. Part 42, Subpart G; Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (42 U.S.C. §121)2), and the- USD0j implemerlting regulations at '28' CA.FR Part 35; Title IX of the Education Amendments-of 1972, which prohibit discrimination on the basis of sex in educational programs (20 U.S.C. §1681), and the USDOJ implementing regulations at 28 C.F.R. Part 54; The Age Discrimination Act of 1975: which prohibits discrimination on the basis of age delivery of services (42 U.S.C. §6102), and the USDOJ implementing regulations at 28 C.F.R Part 42, Subpart I; The USDOJ regulations on the Equal Treatment for Faith-Based Organizations, which prohibit discrimination on the basis of religion in the delivery of services and prohibit organizations from using funding provided by the USDOJ on inherently religious activities (28 C.F.R. Part 38); -8- Rev. 12-12 • In accordance with Title VI Prohibition Against Origin Discrimination Affecting Limited English Proficient Persons (67 Fed. Reg. 41,455 (June 18, 2002)), the Michigan Department of Human Services must receive certification within 90 days that meaningful access to services, as outlined in this agreement, will be given to Limited English Proficient (LEP) persons; and In accordance with Federal civil rights laws, no action of retaliation should be taken against individuals taking action or participating in action to secure rights protected by these laws. In the event that a Federal or State court or a Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability, the sub- recipient should forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs and to the Michigan Department of Human Services. Article V DHS will exercise the first of two, one-year options to extend. Therefore, the ending date of the Agreement shall be changed from March 31, 2013 to March 31, 2014. Rev, 12-12 Oakland County ,Grarrtee irector or Authorized Designee • Print Name This Amendment shall be attached to the Agreement, said Agreement being hereby reaffirmed and made, a part hereof. The undersigned have the lawful authority to bind the Grantee and DNS to the terms set forth in this Agreement. DEPARTMENT OF HUMAN SERVICES Signature of Director or Authorized Designee Date Contract # JAIBG-12-63001 -10- Rev, 12-12 Line Item 1 ;Salary and Wages 1Direct Service ()ricer - Probation Officer for Teen Court 2 .tc quired Fringe Benefits El Unemployment Insurance !Worker's Compensation City! Rate1UnitslUOML 1.000148 534.000 0.000 , 1.0001 180.0000.000 1.000! 109.00010.000 98.00 .00 11.00 Retirement Life Insurance Disability Insurance Total for Optional Fringe Beru. 4, !Occu ri y SuppliesiZ.,peratino Expenses ;General Consumable Supplies 7 ;Equipment 8 Construction/Remodel 1Subcontractors - Subcontractors - Facilitator for Art Therapy Program Page 1 of 2 7 - 10. Budget Details and Summari s 3udget Detail for Juvenile Accountability Block Grant - 2013 Agency: Oakland County Application: Juvenile Accountability Block Grant - 2013 FICA Medicare Dental Insurance !Optical EXPENDITURES 1.0001 704.000;0,000i 704.001 634.001 70.00 1.0001 3,009.000' 0 0001 3.009.00 2.708.001 1. 4,002.00, 3,602.001 400.00 1 000113.973.00010.000i 1397300 1 12,576.00, 1,397.00 1.0001 762.000 0.000': ' 762.00, 76.00 : 1.000 1 67.00010.000J 1 67.00 60,00 7,00 1.000 `; ,346.000 i.00O1 1 8,346.00' 16.511.00 i.15,00 1.000, 149.000 0.000 149.001 134.00 - 15.00 1.0001 703.000113.0001 703.00; 633.00 -0.00 34,000.001 30,600.00 9,568.0001 1.00010,000i 9,566.001 8,309.001 00.7.00 1.0001 2,000.00010.000 1: 2,000.00 1 1,800.001 200.00 ,102,00! 88,292.001 9,810,00 age 2 of 2 Budget Summary for Juvenile Accountability Block Grant - 2013 Agency: Oakland County Application: Juvenile Accountability Block Grant - 2013 Line item 1 Total Grant Fede a! Ant2nt. Local Amount 4, Salary and Wages 48,534.00 43,681.00' 4,853.00 Fringe Benefits 33,002.00 1 34202.00.; 3,800.00 lOccupancy 0.00 , 0.01 0.00 1 Communication 0,00F 0.00k 0.00 :Supplies/Operating Expenses 9,566.00 8,609.001 957.00 Equipment 1 0.00 0.00 0.00 Construction/Remodel 0.00 [ 0.00 0.00 New Construction 0.001 0.00 0.00 Transportation 0.00. 0.00; 0.00 ;Consultants/Contractual Services 2,000.00 1,800.00 200 00 ...... pecific Assistance 0.00 , 0,0:.; 0.00 0.00 0.00 I ittiCscellaneous 0.00i, TOTAL EXPENDITURES 98, 02.00 88292.00j 9,810.00 FISCAL NOTE ,(1,11SC #13096) May 9, 2013 BY: Finance Committee, Tom Middleton, Chairperson IN RE: MULTI-DEPARTMENTAL: PROSECUTING ATTORNEY, CIRCUIT COURT - FAMILY DIVISION, AND CHILDRENS VILLAGE — PROGRAM YEAR 2012 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) AMENDMENT ACCEPTANCE AND PROGRAM EXPANSION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Human Services has awarded grant funding to the Prosecuting Attorney, Circuit Court-Family Division, and Children's Village under the Juvenile Accountability Block Grant (JABG) for the period of April 1,2012 through March 31, 2014. 2. The amended grant award budget of $206,569 (Program Year 2012 was $108,467) with additional funding for Program Year 2013 of $98,102 which includes grantor funds of $88,292 (90%) and County matching funds of $9,810 (10%). 3. This amended award provides funding for the following projects: 1) Prosecutor Accountability — Teen Court program continuation and expansion cost of $96,102 and 2) Circuit Court Juvenile Drug Court Art Therapy program continuation of $2,000. A The grant amendment expands the Prosecuting Attorney Teen Court Program into the City of Pontiac; funding of $53,444 was awarded with Program Year 2013 to fund this effort; with Oakland County acting as the fiduciary and lead agency for the City of Pontiac. 5. The County grant match is included in the General Fund Non-departmental grant match line item in the Fiscal Year 2013 Adopted Budget. 6. In addition to the County match requirements, the County is expected to incur administrative and support costs of $4,018, which is included in the Fiscal Year 2013 budget. This grant does not allow for recovery of those costs. 7 The grant continues funding for one (1) FTE Probation Officer I (position number 4010201- 122060-09330) to perform Teen Court activities and purchase supplies. The award also provides funding for contractual services for a facilitator for Art Therapy in the Circuit Court. 8. A budget amendment is recommended as follows: GENERAL FUND (#10100) 9090101-196030-730800 Grant Match 3010401-121240-788001-27365 Transfer Out 4010201-122060-788001-27365 Transfer Out Total General Fund Amended Budget FY 2013 ($9,810) 200 9,610 -0- JABG GRANT FUN[I#27365j Grant Number: GR0000000631 Revenue 4010201-122060-610313 Grants — Federal $ 86,492 4010201-122060-695500-10100 Transfer In 9,610 3010401-121240-610313 Grants - Federal 1,800 3010401-121240-695500-10100 Transfer In 200 Total Revenue $ 98,102 Expenditures Prosecuting Attorney Teen Court Program 4010201-122060-702010 Salaries $ 48,534 4010201 -1 22060-722740 Fringe Benefits 38,002 4010201-122060-750294 Material and Supplies 9,566 Sub-Total Pros. Atty. Teen Ct. Program $ 96,102 FINANCE COMMITTEE '-4;> Circuit Court Drug Court 3010401-121240-730373 Contracted Services $ 2,000 Sub-Total Circuit Court Drug Court $ 2,000 Total Expenditures $ 98 102 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long absent. Resolution #13096 May 9, 2013 Moved by Long supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted and appointments being confirmed). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted and appointments being confirmed). HEREBY APPROVE 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 May 9, 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 9th day of May, 2013. Lisa Brown, Oakland County