HomeMy WebLinkAboutResolutions - 2013.11.13 - 21106REPORT (MISC. #13292)November 13, 2013
BY: Human Resources Committee, John Scott, ChairpersonIN RE: CIRCUIT COURT - 2014 URBAN DRUG COURT INITIATIVE (UDCI) GRANT
PROGRAM ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee, having reviewed the above referenced resolution on
November 13, 2013, reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, i move the acceptance of the
foregoing report.
HUMAN RESOURCES COMMITTEE
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION 13292 November 13, 2013
BY: PUBLIC SERVICES COMMITTEE, BILL DWYER, CHAIRPERSONIN RE: CIRCUIT COURT - 2014 URBAN DRUG COURT INITIATIVE (UDCI) GRANT PROGRAM - GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:WHEREAS the Circuit Court applied for and was awarded a grant with the State Court Administrative
Office (SCAO), Urban Drug Court Initiative (UDC!) Grant Program with a grant period of October 1, 2013
through September 30, 2014; and
WHEREAS this is 2nd year of the grant acceptance for this program: and
WHEREAS the total program funding is $420,320 which includes a SCAO grant award of $290,320 and
PA 511 Community Corrections funding support of $130,000, with no required cash match; and
WHEREAS the UDCI Grant Program will focus on high-risk, high-need offenders who have committed
criminal offenses within the city of Pontiac and who have been diagnosed with a substance abuse disorder; and
WHEREAS this program consists of three phases including varying types of treatment programs, court
appearances, incentives and sanctions, as needed with specific goals for graduation into the next phase and
ultimately graduation from the program; and
WHEREAS this grant provides for the continuation of one (1) Special Revenue (SR) full-time eligible
(PTE) Youth and Family Caseworker Supervisor position (#3010301-11294) and the creation of one (1) new
part-time non-eligible Technical Assistant position in the Circuit Court Civil/Criminal Services Criminal Case
Support area; andWHEREAS this program provides also funding for drug testing supplies and kits, interlock tethers for
participants, bus passes for participants, and individual and group therapy; andWHEREAS the grant award has been processed through the County Executive Contract Review
Process and the Board of Commissioners Grant Acceptance Procedures; and
WHEREAS this grant is conditioned upon continued interpretation of the contract consistent with the
September 27, 2013 letter from the Michigan State Court Administrative Office (SCAO), providing that
assurance #3 of this year's grant application and agreement shall not be construed as a mandate for future
funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
2014 Urban Drug Court Initiative (UDCi) Grant Program in the amount of $290,320 from the State Court
Administrative Office (SCAO), for the period of October 1, 2013 through September 30, 2014,
BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is fully
executed with the County's obligation limited to the grant funding period.
BE IT FURTHER RESOLVED that one (1) SR FTE Youth and Family Caseworker Supervisor position
(#3010301-11294) in the Circuit Court/Civil/Criminal Services/Criminal Case Support Unit be fully funded by the
Urban Drug Court initiative grant.
BE IT FURTHER RESOLVED that one (1) SR PTNE 1,000 hours per year Technical Assistant position
be created in the Circuit Court/Civii/Criminal Services/Criminal Case Support Unit (3010301) and be fully funded
by the Urban Drug Court Initiative grant.
BE IT FURTHER RESOLVED that continuation of these position(s) associated with this grant is
contingent upon continuation of state funding, and receipt of additional funding sources.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the contract agreement and that the chairperson may approve amendments and extensions up to
fifteen (15%) percent variance from the award, consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
GRANT REVIEW SIGN OFF - Circuit Court
GRANT NAME: 2014 Urban Drug Court Initiative (UDCI) Grant Program
FUNDING AGENCY: State Court Administrative Office (SCAO)
DEPARTMENT CONTACT PERSON: Rich Lynch/John Cooperrider 22171 / 80256
STATUS: Grant Acceptance
DATE: October 29, 2013
Pursuant to Misc. Resolution # 13180, please be advised the captioned grant materials have completed internal grant
review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison
Committee Resolution, the grant agreement/contract. Finance Committee Fiscal Note, and this Sign Off email containing
grant review comments) may be requested to be place on the appropriate Board of Commissioners' committee(s) for grant
acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. - Laurie Van Pelt (10/8/2013)
Department of Human Resources:
Approved. - Karen Jones (10/29/2013)
Risk Management and Safety:
Approved by Risk Management. - Robert Erlenbeck (10/8/2013)
Corporation Counsel:
"For all the drug courts, sobriety courts, mental health courts and the urban drug court initiative, for the 52nd district
court, the circuit court and the family division of the circuit court, there appear to be no unresolved legal issues that
require action at this time.
they can go to the BOC for approval and signature... ." - Karen Agacinski (10/26/2013)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of the specifically cited
compliance related documents for this grant.
Drug Treatment Courts: The Ten Key Components
http://www.oip.usdoi.gov/BJA/gTant/DrugCourts/DefiningDC.pdf
The Ten Guiding Principles of DWI Courts
http://www.dwicoiirts.org/learn/aboul-dwi-courts/-guiding-principles
Health Insurance Portability and Accountability Act (42 CFR Part 2)
http://www.access.gpo.aov/nara/cfr/waisidx 02/42cfr2_02.html
Executive Order 12549 - Debarment and Suspension
http://www.arcliives.gov/federal-register/codification/executive-order/12549.litml
Michigan - Conflict of Interest - Contracts of Public Servants with Public Entities - "Act 317 of 1968"
http://www.legislature.mi.gov/(uQ31xgeltmri5z55z2uiwv45Vinileg.aspx?page=getobiect&obiectnaine:=nicl-Act-317-of-
1968&quervid=l 4761946
Michigan - Standards of Conduct for Public Officers and Employees (Act 196 of 1973)
http://www.legislature.mi.gov/('S(30eoca2irf3u2z55n2klztms)Vinileg.aspx?pag:c=getObiect&obiectName=;mc]-15-34 i
Federal Office of Management and Budget (OMB) Circular No. A-133
http://www.'whitehoiise.gov/omb/circulars/al 33/al33.html
From:
To:
Cc:
Subject:
Date:
VanPelt. Laurie
"West. Catherine": "Julie Secontine": "Karen Jones": "Pat Davis"
"Cooperrider. John"; "Kevin Oeffner": "Richard Lvnch": "Faiardeau. Nanrv"
RE: GRAMT REVIEW: Circuit Court - 2014 Urban Drug Court Initiative (UDCI) Grant Program - Grant Acceptance
Tuesday, October 08, 2013 10:43:28 AM
Approved.
From; West, Catherine [mailto:westca@oakgov.com]
Sent: Monday, October 07, 2013 5:32 PM
To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis
Cc: Cooperrider, John; Kevin Oeffner; Richard Lynch; 'Faiardeau, Nancy'
Subject: GRANT REVIEW: Circuit Court - 2014 Urban Drug Court Initiative (UDCI) Grant Program - Grant
Acceptance
Please Note: The attached Assurance #3 Letter is addressed to the Novi District Court,
but applies to all SCAO Drug Court Grant applicants.
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Karen Jones - Julie Secontine - Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE - Circuit Court
2014 Urban Drug Court Initiative (UDCI) Grant Program
State Court Administrative Office
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: October 14, 2013
Date: October?, 2013
Operating Department: Circuit Court
Department Contact: Rich Lynch/John Cooperrider
Contact Phone: x22171/x80256
Document Identification Number: 00667
REVIEW STATUS: Acceptance - Resolution Required
GRANT INFORMATION
Funding Period: October 1, 2013 through September 30, 2014
New Facility / Additional Office Space Needs: N/A
IT Resources (New Computer Hardware /Software Needs or Purchases): N/A
From: Jones, Karen
To: "West Catherine"
Subject: RE: GRANT REVIEW: Circuit Court - 2014 Urban Drug Court Initiative (UDCI) Grant Program - Grant Acceptance
Date: Tuesday, October 29, 2013 8:49:48 AM
Approved.
From: West, Catherine [mailto:westca@oakQov.coml
Sent: Monday, October 07, 2013 5:32 PM
To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis
Cc: Cooperrider, John; Kevin Oeffner; Richard Lynch; 'Falardeau, Nancy'
Subject: GRANT REVIEW: Circuit Court - 2014 Urban Drug Court Initiative (UDCI) Grant Program - Grant
Acceptance
Please Note: The attached Assurance #3 Letter is addressed to the Novi District Court,
but applies to all SCAO Drug Court Grant applicants.
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Karen Jones-Julie Secontine - Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE - Circuit Court
2014 Urban Drug Court Initiative (UDCI) Grant Program
State Court Administrative Office
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: October 14, 2013
GRANT INFORMATION
Date: October 7, 2013
Operating Department: Circuit Court
Department Contact: Rich Lynch/John Cooperrider
Contact Phone: x22171/x80256
Document Identification Number: 00667
REVIEW STATUS: Acceptance - Resolution Required
Funding Period: October 1, 2013 through September 30, 2014
New Facility/Additional Office Space Needs: N/A
IT Resources (New Computer Hardware / Software Needs or Purchases): N/A
MWDBE Requirements: No
From:
To:
Cc:
Subject:
Date:
Erienbeck. Robert
"West. Catherine": "Julie Secontine": "Karen .lone?;": "Laurie VanPelt": "Pat Davis"
"Cooperrider. John": "Kevin Oeffner"; "Richard Lvnch": "Falardeau. Nancv"
R.E: GRANT REVIEW: Circuit Court - 2014 Urban Drug Court Initiative (UDCI) Grant Program - Grant Acceptance
Tuesday, October 08, 2013 10:57:01 AM
Approved by Risk Management. R.E. 10/08/13 RM13-0370
From: West, Catherine [mailto:westca@oakgov.com]
Sent: Monday, October 07, 2013 5:32 PM
To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis
Cc: Cooperrider, John; Kevin Oeffner; Richard Lynch; 'Falardeau, Nancy'
Subject: GRANT REVIEW: Circuit Court - 2014 Urban Drug Court Initiative (UDCI) Grant Program - Grant
Acceptance
Please Note: The attached Assurance #3 Letter is addressed to the Novi District Court,
but applies to all SCAO Drug Court Grant applicants.
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Karen Jones - Julie Secontine - Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE - Circuit Court
2014 Urban Drug Court Initiative (UDCI) Grant Program
State Court Administrative Office
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 ail) of this email,
Time Frame for Returned Comments: October 14, 2013
GRANT INFORMATION
Date: October 1, 2013
Operating Department: Circuit Court
Department Contact: Rich Lynch/John Cooperrider
Contact Phone:x22171/x80256
Document Identification Number: 00667
REVIEW STATUS: Acceptance - Resolution Required
Funding Period: October 1, 2013 through September 30, 2014
New Facility / Additional Office Space Needs: N/A
IT Resources (New Computer Hardware / Software Needs or Purchases}: N/A
From:
To:
Subject:
Date:
Agadnski. Karen
Catherine West
sobriety and drug treatment courts
Saturday, October 26, 2013 5:17:25 PM
Hi Katie,
I am out of the office until Wednesday, but wanted to let you know that 1 approve the grant contracts. However, I'm
not sure that 1 will be able lo get you my usual formatted sign off because working with webmail is not vejy easy
from home.
so, if you need something before I get back into the office on Wednesday (when I can sit at my office computer and
use the regular email to formal my sign off-please let me know, and I will figure something out.)
but, for all the drug courts, sobriety courts, mental health courts and the urban drug court initiative, for the 52nd
district court, the circuit court and the family division of the circuit court, there appear to be no unresolved legal
issues that require action at this time.
they can go to the BOC for approval and signature, as can the two intergovernmental agreements that John
Coopemder sent to you.
also, would you please let the folks from the 52nds know. I sent an email to Renee Gillert and one to John
Cooperrider, but have not been in touch with the other folks.
my home phone isÿif you need to reach me.
thanks
Karen
MICHIGAN SUPREME COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN URBAN DRUG COURT
INITIATIVE
FY 2014 CONTRACT
Grantee Name: 6th Circuit Court
Federal ID Number: 38-6004876
Contract Number: 00667
Grant Amount: $290,320
Project Title: N/A
Catalog of Federal Domestic Assistance (CFDA) Title:
N/A
CFDA Number: N/A
Federal Agency Name: N/A
Federal Grant Administered by N/A
Federal Grant Number: N/A
1. GENERAL PROVISIONS
1.01 This contract is made between the State Court Administrative Office,
Lansing, Michigan (SCAO) and the 6th Circuit Court.
1.02 This contract incorporates the Grantee's approved grant application
request and final approved budget.
1.03 This contract is for the MICHIGAN URBAN DRUG COURT
INITIATIVE GRANT PROGRAM.
1.04 In consideration of the mutual promises and covenants in this contract, and
the benefits to be derived from this contract, the parties agree as follows:
2. TERM OF CONTRACT
2.01 This contract becomes effective when it is signed by the parties, the State
Court Administrator or Deputy State Court Administrator, and the Grantee's authorizing
official.
2.02 This contract commences on 10/1/2013. This contract terminates on
9/30/2014, at 11:59 p.m.
3. RELATIONSHIP
3.01 The Grantee is an independent contractor, and it is understood that the
Grantee is not an employee of the SCAO. No employee, agent, or subcontractor of the
Grantee is an employee of the SCAO.
3.02 No liability or benefits, including, but not limited to, retirement benefits or
liabilities, pension rights or liabilities, insurance rights or liabilities, fringe benefits,
training, holiday pay, sick pay, vacation pay, or such other rights, provisions, or liabilities
arising out of an agreement of hire or employer-employee relationship, either express or
implied, shall arise or accrue to either party as a result of this contract. The Grantee is
not eligible for, and will not participate in, any such benefits.
3.03 The Grantee is responsible for payment of all taxes, including federal,
state, and local taxes arising out of the Grantee's activities in accordance with this
contract, including, but not limited to, income taxes, social security taxes, unemployment
insurance taxes, and any other taxes or fees.
3.04 The Grantee understands and agrees that all parties furnishing services
pursuant to this contract are, for purposes of workers' compensation liability or other
actions of employee-related liability, not employees of the SCAO. The Grantee bears the
sole responsibility and liability for furnishing workers' compensation benefits to any of
its employees for injuries arising from or connected with services performed pursuant to
this contract.
3.05 The Grantee shall not direct the work or commit the working time of any
SCAO employee under this contract. To the extent that the Grantee seeks the assistance
of any SCAO employee to perform the Grantee's responsibilities under this contract, the
Grantee must obtain prior written approval from the state court administrator or his
designee.
3.06 The Grantee does not, and shall not, have the authority to enter into
contracts on the SCAO's behalf.
4. SCOPE OF SERVICES
4.01 Upon approval of the Grantee's application and signing of this contract.
SCAO agrees to provide funding from the Grant in an amount not to exceed the amount
of this contract. In no event does this contract create a charge against any other funds of
SCAO or the Michigan Supreme Court.
4.02 The Grantee shall, during the contract term, use the Grantee's best efforts
and endeavors to promote the interests of the SCAO. The Grantee, and the Grantee's
employees or subcontractors, shall devote such time, attention, skill, knowledge, and
professional ability as is necessary to most effectively and efficiently carry out and
perform the services as described in this contract and in any amendments to this contract.
4.03 Commitment of state resources for the acquisition of goods and services,
and execution of purchase orders, contracts, and similar agreements, shall remain the sole
responsibility of the SCAO.
5. PERFORMANCE AND BUDGET
5.01 The SCAO agrees to provide the Grantee a sum not to exceed $290,320
for the court program operated pursuant to this contract.
5.02 The grant agreement is designated as a sub-recipient relationship.
5.03 Any Grantee equipment purchases supported in whole or in part through
this agreement must be listed in the supporting Equipment Inventory Schedule.
Equipment means tangible, non-expendable, personal property having useful life of more
than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items
having a unit acquisition cost of less than $5,000 shall vest with Grantee upon
acquisition. SCAO reserves the right to retain or transfer the title to all items of
equipment having a unit acquisition cost of $5,000 or more, to the extent that SCAO's
proportionate interest in such equipment supports such retention or transfer of title.
5.04 The Grantee agrees that it will not expend funds obtained under this
contract for any purpose other than those authorized in the administrative requirements
specified in the application and revised approved budget for the Grant, and will expend
grant funds only during the period covered by this contract unless prior written approval
is received from the SCAO.
5.05 The Grantee must sign up through the online vendor registration process
to receive all state of Michigan payments as Electron Funds Transfers (EFT)/Direct
Deposits. Registration information is available through the Department of Technology,
Management, and Budget's website at: http://www.inichigan.gOv/budget/0.1607.7-l ST¬
OW 37161-179392--.00.html
5.06 All payments for the proper performance of the contract shall be made by
the SCAO quarterly, upon submission by the Grantee of financial reports for approval by
the SCAO on a form approved by the SCAO. The financial reports shall include a
specific amount of the hours worked, hourly salary, the detailed services provided by the
Grantee or Grantee's staff, and/or the specific amount expended on supplies or operating
costs necessary for program operation.
5.07 Requests for adjustments in expenditures within line items and between
line item categories must be made using a Contract Adjustment Request form, and
approved by the SCAO.
5.08 The Grantee shall make reasonable efforts to collect 1st and 3rd party fees,
where applicable, and report these as outlined in the SCAO's fiscal procedures. Any
under-recoveries of otherwise available fees resulting from failure to bill for eligible
services will be excluded from reimbursable expenditures.
6. CONDUCT OF THE PROJECT
6.01 The Grantee shall abide by all terms and conditions required in the
application assurances, budget requirements, and the Grantee's approved program outline
and budget.
6.02 The Grantee shall operate its grant-funded program in accordance with the
application assurances.
6.03 The Grantee agrees that funds awarded under this grant will not be used to
support any inherently religious activities, such as worship, religious instruction, or
proselytizing. If the Grantee refers participants to, or provides, a non-federally funded
program of service that incorporates such religious activities: (1) any such activities must
be voluntary for program participants, and (2) program participants may not be excluded
from participation in a program or otherwise penalized or disadvantaged for any failure to
accept a referral or services. If participation in a non-federally funded program or
services that incorporates inherently religious activities is deemed a critical treatment or
support service for program participants, the Grantee agrees to identify and refer
participants who object to the inherently religious activities of such program or service to
a comparable secular alternative program or service.
7. ASSIGNMENT
7.01 The Grantee may not assign the performance under this contract to
subcontract personnel except with the prior written approval of the SCAO.
7.02 All provisions and requirements of this contract shall apply to any
subcontracts or agreements the Grantee may enter into in furtherance of its obligations
under the contract.
7.03 The Grantee shall provide copies of all subcontracts for services funded in
whole or in part by this grant to SCAO.
8. CONFIDENTIAL INFORMATION
8.01 In order that the Grantee's employees or subcontractors may effectively
provide fulfillment of this contract to the SCAO, the SCAO may disclose confidential or
proprietary information pertaining to the SCAO's past, present, and future activities to
the Grantee. All such information is proprietary to the SCAO and Grantee shall not
disclose such information to any third party without prior approval from the SCAO,
unless disclosure is required by law or court order. If disclosure is required by law or
court order, SCAO will be notified of the request before disclosure. The Grantee agrees
to return all confidential or proprietary information to the SCAO immediately upon the
termination of this contract.
8.02 Both the SCAO and Grantee shall assure that medical services to, and
information contained in the medical records of, persons served under the provisions of
this contract or other such recorded information required to be held confidential be
federal or state law, rule, or regulation, in connection with the provision of services or
other activity under this agreement, shall remain confidential. Such information shall be
held confidential, and shall not be divulged without the written consent of either the
patient or a person responsible for the patient, except as may be otherwise required by
applicable law or regulation. Such information may be disclosed in summary, statistical,
or other form, if the disclosure does not directly or indirectly identify particular
individuals.
9. HUMAN SUBJECTS
9.01 The Grantee must submit all research involving human subjects conducted
in programs sponsored by the SCAO, or in programs that receive funding from or through
the state of Michigan, to the Michigan Department of Community Health's (MDCH)
Institutional Review Board (IRB) for approval prior to the initiation of the research.
10. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, 42
CFR PART 2, AND MICHIGAN MENTAL HEALTH CODE
10.01 The Grantee assures that it is in compliance with the Health Insurance
Portability and Accountability Act (HIPAA), 42 CFR Part 2, and applicable
confidentiality provisions of the Michigan Mental Health Code, to the extent that this act
and these regulations are pertinent to the services that the Grantee provides under this
contract. These requirements include:
A. The Grantee must not share any protected health or other protected data
and information provided by the SCAO or any other source that falls
within HIPAA, 42 CFR Part 2, and/or the Michigan Mental Health Code
requirements, except to a subcontractor as appropriate under this contract.
B. The Grantee must require, in the terms and conditions of any subcontract,
that the subcontractor not share any protected health or other protected
data and information from the SCAO or any other source that falls under
HIPAA, 42 CFR Part 2, and/or Michigan Mental Health Code
requirements.
C. The Grantee must use protected data and information only for the
purposes of this contract.
D. The Grantee must have written policies and procedures addressing the use
of protected data and information that falls under HIPAA, 42 CFR Part 2,
and/or Michigan Mental Health Code requirements. The policies and
procedures must meet all applicable federal and state requirements
including HIPAA, 42 CFR Part 2, and/or Michigan Mental Health Code
regulations. These policies and procedures must include restricting access
to the protected data and information by the Grantee's
employees.
E. The Grantee must have a policy and procedure to report to the SCAO
unauthorized use or disclosure of protected data and information that
falls under HIPAA, 42 CFR Part 2, and/or Michigan Mental Health
Code requirements of which the Grantee becomes aware.
F. Failure to comply with any of these contractual requirements may result in
the termination of this contract in accordance with section 20.
G. In accordance with HIPAA, 42 CFR Part 2, and/or Michigan Mental
Health Code requirements, the Grantee is liable for any claim, loss, or
damage relating to its unauthorized use or disclosure of protected data .
and information received by the Grantee from the SCAO or any other
source.
11. RIGHTS TO WORK PRODUCT
11.01 All reports, programs, manuals, tapes, listings, documentation, and any
other work product prepared by the Grantee under this contract, and amendments thereto,
shall belong to the SCAO and are subject to copyright or patent only by the SCAO. The
SCAO shall have the right to obtain from the Grantee original materials produced under this
contract and shall have the right to distribute those materials.
11.02 The SCAO grants the Grantee a royalty-free, nonexclusive license to use
anything developed in the course of executing this contract if the work product enters the
public domain.
11.03 The SCAO shall have copyright, property, and publication rights in all
written or visual material or other work products developed in connection with this contract.
The Grantee shall not publish or distribute any printed or visual material relating to the
services provided under this contract without the prior explicit permission of the SCAO.
12. WRITTEN DISCLOSURE
12.01 The Grantee and Grantee's employees or subcontractors shall promptly
disclose in writing to the SCAO all writings, inventions, improvements, or discoveries,
whether copyrightable, patentable, or not, which are written, conceived, made, or discovered
by the Grantee or the Grantee's employees or subcontractors jointly with the SCAO or
singly by Grantee or Grantee's employees or subcontractors while engaged in activity under
this contract. As to each such disclosure, the Grantee shall specifically point out the features
or concepts that are new or different.
12.02 The SCAO shall have the right to request the assistance of the Grantee and
Grantee's employees or subcontractors in determining and acquiring copyright, patent, or
other such protection at the SCAO's invitation and request.
12.03 The Grantee represents and warrants that there are at present no such
writings, inventions, improvements, or discoveries (other than in a copyright, copyright
application, patent, or patent application) that were written, conceived, invented, made, or
discovered by the Grantee or the Grantee's employees before entering into this contract, and
which the Grantee or the Grantee's employees desire to remove from the provisions of this
contract, except those specifically set forth by attachment hereto.
13. INSURANCE
13.01 The Grantee should carry insurance coverage or self-insurance in such
amounts as necessary to cover all claims arising out of the Grantee's operations under the
terms of this contract.
14. INDEMNITY
14.01 Unless § 14.02 applies, the Grantee agrees to indemnify, defend, save, and
hold harmless the SCAO, the Michigan Supreme Court, their agents, officers, and
employees from any liabilities, obligations, damages, penalties, claims, costs, fees, charges,
and expenses (including, but not limited to, fees and expenses of attorneys, expert witnesses,
and other consultants) that may be imposed upon, incurred by, or asserted against the SCAO
or the Michigan Supreme Court by reason of the Grantee's acts or services provided under
this contract. Indemnity is not limited by: (1) failure to procure and/or maintain insurance
for Grantee or Grantee's subcontractors; (2) failure to procure and/or maintain sufficient
insurance for Grantee or Grantee's subcontractors; or (3) by operation of insurance
deductibles, holdbacks, or minimums.
14.02 If the Grantee is a local unit of government, that is a-political subdivision and
instrumentality of the State of Michigan, or an office, department or agency thereof, the
following liability provisions apply:
A. All liabilities, obligations, damages, penalties, claims, costs, fees,
charges, and expenses (including, but not limited to, fees and expenses
of attorneys, expert witnesses, and other consultants) resulting from
claims, demands, costs, or judgments arising out of activities or services
carried out by the Grantee in the performance of this contract, shall be
the responsibility of the Grantee, and not the responsibility of the
SCAO. Nothing in this subsection is, nor shall be construed as, a
waiver of governmental immunity.
B. All liabilities, obligations, damages, penalties, claims, costs, fees,
charges, and expenses (including, but not limited to, fees and expenses
of attorneys, expert witnesses, and other consultants) resulting from
claims, demands, costs, or judgments arising out of activities or services
carried out by the SCAO in the performance of this contract, shall be
the responsibility of the SCAO, and not the responsibility of the
Grantee. Nothing in this subsection is, nor shall be construed as, a
waiver of governmental immunity.
C. In the event that liabilities, obligations, damages, penalties, claims,
costs, fees, charges, and expenses (including, but not limited to, fees
and expenses of attorneys, expert witnesses, and other consultants)
resulting from third party claims, demands, costs, or judgments arise as
a result of activities conducted jointly by the Grantee and SCAO in
fulfillment of their responsibilities under this contract, such liabilities,
obligations, damages, penalties, claims, costs, fees, charges, and
expenses shall be bome by the Grantee and SCAO in relation to each
party's responsibilities under these joint activities. Nothing in this
subsection is, nor shall be construed as, a waiver of governmental
immunity.
14.03 The SCAO is not responsible and will not be subject to any liability for any
claim related to the loss, damage, or impairment of Grantee's property and materials or the
property and materials of the Grantee's employees or subcontractors, used by the Grantee
pursuant to the Grantee's performance under this contract.
14.04 The Grantee warrants that it is not subject to any nondisclosure,
noncompetition, or similar clause with current or prior clients or employers that will
interfere with the performance of this contract. The SCAO will not be subject to any
liability for any such claim.
14.05 In the event any action or proceeding is brought against the Grantee by reason
of any claim due or claimed to be due to Grantee's performance covered under this contract,
the Grantee will, at the Grantee's sole cost and expense, resist or defend the action or
proceeding as Grantee deems appropriate. Grantee retains sole authority and discretion to
resolve and settle any such claims.
15. ACQUISITION, ACCOUNTING, RECORDKEEPING, AND INSPECTION
15.01 The Grantee agrees that all expenditures from this contract, including the
acquisition of personnel services, contractual services, and supplies, shall be in
accordance with: (1) the standard procedures of the Grantee's funding unit, and (2) the
administrative and budget requirements of the grant.
15.02 The Grantee agrees to maintain accounting records following generally
accepted accounting principles for the expenditure of funds for the purposes identified in
the approved grant request, fmal approved budget, and any applicable approved contract
addendum and/or budget amendment.
15.03 The Grantee agrees that the Michigan Supreme Court, the SCAO, the local
government audit division of the Michigan Department of Treasury, the State Auditor
General, or any of their duly authorized representatives, including program evaluators and
auditors, shall have access to and the right to examine, audit, excerpt, copy, or transcribe
any pertinent transaction, books, accounts, data, time cards, or other records related to this
contract. The Grantee shall retain all books and records, including all pertinent cost reports,
accounting and financial records, or other documents related to
this contract, for five years after fmal payment at the Grantee's cost. Federal and/or state
auditors, and any persons duly authorized by the SCAO, shall have full access to and the
right to examine and audit any of the materials during the term of this contract and for five
years after final payment. If an audit is initiated before the expiration of the five-year
period, and extends past that period, all documents shall be maintained until
the audit is complete. The SCAO shall provide audit findings and recommendations to the
Grantee. The SCAO may adjust future or final payments if the findings of the audit
indicate over- or under-payment to the Grantee for the period audited, subject to the
availability of funds for such purposes. If an audit discloses an overpayment to the
Grantee, the Grantee shall immediately refund all amounts that may be due to the
SCAO. Failure of the Grantee to comply with the requirements of this section shall
constitute a material breach of this contract upon which the SCAO may cancel,
terminate, or suspend this contract.
15.04 The Grantee's accounting system must maintain a separate fund or account
that segregates grant contract receipts and expenditures from other receipts and
expenditures of the Grantee.
16. PROGRAM REVIEW AND MONITORING
16.01 The Grantee shall give the SCAO and any of its authorized agents access to
the court at any reasonable time to evaluate, audit, inspect, observe, and monitor the
operation of the program. The inspection methods that may be used include, but are not
limited to onsite visits, interviews of staff and mental health court participants, and review
of case records, receipts, monthly/quarterly statistical reports, and fiscal records.
17. REPORTS
17.01 The SCAO will provide report forms for all required reports. The Grantee
agrees to submit timely, complete, and accurate reports as identified in this contract and the
application assurances and administrative requirements for the grant to the SCAO as listed
in Attachment A.
17.02 The data for each participant who is screened and accepted into the
program must be entered into the appropriate Case Management System.
17.03 The Grantee is responsible for the timely, complete, and accurate
submission of each required report and data as outlined above.
17.04 If any report is thirty days past due, a delinquency notice will be sent via
email notifying the Grantee that it has 15 days to comply with the reporting requirement.
Forty-five days past the due date, a forfeiture notice will be sent to the Grantee via the U.S.
Postal Service notifying it that its funding award has been rescinded due to contract
noncompliance.
18. DEBARMENT AND SUSPENSION
18.01 The Grantee may not contract with or make any award of grant funds at any
time to any third party that has been debarred or suspended or is otherwise excluded from,
or ineligible for, participation in federal assistance programs under Executive Order 12549,
"Debarment and Suspension."
19. AUDITS
19.01 This section only applies to Grantees designated as sub-recipients.
Grantees designated as vendors are exempt from the provisions of this section.
19.02 Grantees must submit to the SCAO a Single Audit, Financial Statement
Audit, or Audit Status Notification Letter as described below. If submitting a Single Audit
or Financial Statement Audit, Grantees must also submit a Corrective Action Plan for any
audit findings that impact SCAO-funded programs and a management letter (if issued) with
a response.
A. Single Audit: Grantees that expend $500,000 or more in federal awards
during the Grantee's fiscal year must submit to SCAO a Single Audit
prepared consistent with the Single Audit Act Amendments of 1996, and
Office of Management and Budget (OMB) Circular A-133, "Audits of
States, Local Governments, and Non-Profit Organizations," (as revised).
B. Financial Statement Audit: Grantees exempt from the Single Audit
requirements that receive $500,000 or more in total funding from
SCAO in state and federal grant funding must submit to SCAO a
Financial Statement Audit prepared in accordance with GAAS if the
audit includes disclosures that may negatively impact SCAO-funded
programs including, but not limited to, fraud, financial statement
misstatements, and violations of contract and grant provisions.
C. Audit Status Notification Letter: Grantees exempt from both the Single
Audit and Financial Statement Audit requirements (1. and 2. above) must
submit an Audit Status Notification Letter that certifies these exemptions.
19.03 The required audit and any other required submission (i.e. Corrective Action
Plan and management letter with a response), or audit Status Notification letter must be
submitted to the SCAO within nine months after the end of the Grantee's fiscal year to
Michigan Supreme Court, State Court Administrative Office, Hall of Justice, PO Box
30048, Lansing, Michigan, 48909, attention Kathryn Van Asperen.
19.04 If the Grantee does not submit the required Single Audit reporting package,
management letter (if issued) with a response, and Corrective Action Plan; or the Financial
Statement Audit and management letter (if issued) with a response within nine months after
the end of the Grantee's fiscal year, and an extension has not been approved by the
cognizant or oversight agency for audit, the SCAO may withhold from the current funding
an amount equal to five percent of the audit year's grant funding (not to exceed $200,000)
until the required filing is received by the SCAO . The SCAO may retain the amount
withheld if the Grantee is more than 120 days delinquent in meeting the filing requirements
and an extension has not been approved by the cognizant or oversight agency for audit. The
SCAO may terminate the current grant if the Grantee is more than 180 days delinquent in
meeting the filing requirements and an extension has not been approved by the cognizant or
oversight agency for audit.
19.05 Failure to submit the Audit Status Notification letter, when required, may
result in withholding from the current funding an amount equal to one percent of the audit
year's grant funding until the Audit Status Notification letter is received.
19.06 The SCAO or federal agencies may also conduct or arrange for "agreed
upon procedures" or additional audits to meet their needs.
20. TERMINATION OR FUNDING HOLD
20.01 Each party has the right to terminate this contract without cause by giving
written notice to the other party of such termination at least thirty (30) days before the
effective date of such termination. Reasons for termination may include, but are not
limited to, failure to make ongoing progress toward the program's goals, failure to submit
reports in a timely fashion, or using a vendor suspended or debarred pursuant to section 18
of this contract.
20.02 This contract may be terminated immediately without further financial
liability to the SCAO if funding for this contact becomes unavailable to the SCAO.
21. COMPLIANCE WITH LAWS
21.01 The Grantee shall comply with all applicable laws, ordinances, and codes of
the federal, state, and local governments.
22. MICHIGAN LAW
22.01 This contract shall be subject to, and shall be enforced and construed
under, the laws of Michigan.
23. CONFLICT OF INTEREST
23.01 The Grantee presently has no personal or financial interest, and shall not
acquire any such interest, direct or indirect, that would conflict in any manner or degree
with the performance of this contract.
23.02 The Grantee and the SCAO are subject to the provisions of 1968 PA 317, as
amended, MCL 15.321 etseq.tMSh 4.1700(51) et seqand 1973 PA 196, as amended,
MCL 15.341 etseq., MSA 4.1700 (7.1) et seq.
24. DEBT TO STATE OF MICHIGAN
24.01 The Grantee covenants that it is not, and will not become, in arrears to the
state of Michigan or any of its subdivisions upon contract, debt, or any other obligation to
the state of Michigan or its subdivisions, including real property, personal property, and
income taxes.
25. DISPUTES
25.01 The Grantee shall notify the SCAO in writing of the Grantee's intent to
pursue a claim against the SCAO for breach of any term of this contract within seven
days of discovery of the alleged breach.
25.02 The Grantee and the SCAO agree that with regard to any and all disputes,
controversies, or claims arising out of or in connection with or relating to this contract; or
any claim that the SCAO violated any local, state, or federal ordinance, statute, regulation,
law, or common-law doctrine (including discrimination or civil rights claims); or
committed any tort; the parties shall attempt to resolve the dispute through mediation.
Selection of a mediator will be by mutual agreement of the parties.
25.03 The Grantee and the SCAO agree that, in the event that mediation is
unsuccessful, any disputes, controversies, or claims shall be settled by arbitration. Selection
of an arbitrator will be by mutual agreement of the parties. The decision of the arbitrator
shall be binding on both parties. The award, costs, and expenses of the arbitration shall be
awarded at the discretion of the arbitrator. This agreement to
arbitrate shall be specifically enforceable. A judgment of any circuit court shall be
rendered upon the award made pursuant to submission to the arbitrator.
26. ENTIRE AGREEMENT
26.01 This contract contains the entire agreement between the parties and supersedes
any prior written or oral promises and representations. No other understanding, oral
or otherwise, regarding the subject matter of this contract exists to bind either of the
parties.
27. AMENDMENT
27.01 This contract may be amended only upon written agreement of the parties.
28. DELIVERY OF NOTICE
28.01 Written notices and communications required under this contract shall be
delivered by electronic mail, regular mail, overnight delivery, or facsimile device to the
following:
A. The Grantee's contact person is Ms. Karen Koshen, 1200 N.
Telegraph Road, Pontiac, Ml 48341.
B. The SCAO's contact person is Dr. Jessica Parks, State Court
Administrative Office, Michigan Hall of Justice, P.O. Box 30048,
Lansing, MI 48909.
29. SIGNATURE OF PARTIES
29.01 This contract becomes effective when signed by the parties.
IN WITNESS WHEREOF, the SCAO and the Grantee have executed this contract:
6th Circuit Court - Urban Drug Court Initiative
By:
Authorizing Official (Signature and Title)
Authorizing Official (Please Print Name and Title)
Date:
Authorizing Official: Must be a person who is authorized to enter into a binding contract for the
entity receiving funds. The authorizing official may not be a judge or other state employee.
The authorizing official is normally from the Executive or Legislative Branch of the entity (e.g.,
City Manager, Mayor, Council President, Board Chairperson, Chief Financial Officer, etc.).
STATE COURT ADMINISTRATIVE OFFICE
By: Date:
Deputy State Court Administrator
ATTACHMENT A
URBAN DRUG COURT INITIATIVE (UDCI)
FY 2014 REPORTING REQUIREMENTS
October 1,2013 through September 30, 2014
DCCMIS DATA EXCEPTION REPORT
DUE DATE NOTE
February 15,2014 Courts will also be reviewing error reports reflecting data entered into DCCMIS
for the time period of October 1, 2013, through December 31, 2013.
May 15, 2014 Courts will be reviewing error reports reflecting data entered into DCCMIS for the
time period of January 1, 2014, through March 31,2014.
August 15,2014 Courts will be reviewing error reports reflecting data entered into DCCMIS for the
time period of April 1, 2014, through June 30, 2014.
November 15, 2014 Courts will be reviewing error reports reflecting data entered into DCCMIS for the
time period of July 1, 2014, through September 30,2014.
DCCMIS USER AUDIT REPORT
DUE DATE NOTE
January 31, 2014 Courts will be confirming user access to DCCMIS.
FINANCIAL REPORTS
DUE DATE NOTE
January 10, 2014 Courts will be reporting on expenditures from October 1, 2013, through
December 31, 2013.
April 10, 2014 Courts will be reporting on expenditures from January 1,2014, through
March 31, 2014
July 10, 2014 Courts will be reporting expenditures from April 1, 2014, through June 30,2014.
October 10, 2014 Courts will be reporting expenditures from July 1,2014, through
September 30, 2014.
WebGrants - Michigan Courts Page 1 of 16
sffef' MICHIGAN COURTS
- Oni' G^jrl c/' justsa-
Application
00011 - Urban Drug Court initiative Grant Application - Final
00667 - FY2014 Urban Drug Court.lnitiative - 6th Circuit Court
Urban Drug Court Initiative (UDCI)
Status: Submitted
Applicant information
OriginalSubmitted 08/29/2013 11:17 AM
Date:
LastSubmitted 09/27/2013 4:30 PMDate:
Primary Contact:
Name:*'
Title:
Email:"
Address:*
Address Line 2
Address Line 3
City*
Phone:*
Ms.
Salutation
Karen
First Name Middle Name
Court Resource and Program Specialist
koshenk@oakgov.com
Oakland County Circuit Court
1200 N. Telegraph Road, Dept. 404
Koshen
Last Name
Pontiac
City
248-858-0296
Phone
Michigan
State/Province
48341
Postal Code/Zip
Ext.
Organization Information
Name:* 6th Circuit Court - Oakland County (C06)
Organization Type: State Court Administrative Office
Tax ID:
Organization Website:
Address:* 6th Circuit Court, Courthouse Tower
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1200 N. Telegraph Rd.
Phone:"
Fax:
Pontiac
City
248-452-2154
248-858-2006
Michigan
State/Province
48341
Postal Code/Zip
Ext.
Preapplication UDCI
Is your program operating
in Detroit, Flint, Pontiac, Yes
or Saginaw, Michigan?"
Does your Urban Drug
Court Initiative program No
accept misdemeanants?*
Does your Urban DrugCourt Initiative program
accept only high risk yesparticipants with
diagnosed substance usedisorders?*
Application Information
Projected Program gg
Capacity:"
Do you have an approved Local Administrative Order (LAO)?
Local Administrative ^
Order (LAO)*
LAO#:
Do you have a current Memorandum of Understanding (MOUj?
Memorandum of k.-Understanding (MOU)*
Effective Date:
Expiration Date:
Number of Participants:* 55
Did the urban drug court
team complete federal NoDCP! Training?*
Date Completed:
If you answered NO to the above question, is the urban drug court team currently registered to attend the federal DCPI training?
Federal DCPI Training: No
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Projected Completion
Date:
If you answered NO to question both above questions, did you previously apply but were not accepted for the federal DCP! training?
Declined Training: No
Contact Information
Judges/ Referees
Judge/Referee
1:*
Judge/Referee's
E-mail
Address*
Judge/Referee2:
Judge/Referee3:
Judge/Referee4:
Hon. Phyllis C. McMiilen
mcmillenp@oakgov.com
Hon. Michael Warren
Hon. Daniel P. O'Brien
Hon. Shalina D. Kumar
Authorizing Official
Name:* Michael J. Gingell
Title:* Chair, Oakland County Board of Commissioners
248-858-0100Phone
Number:*
Ext.
E-mail
Address:*
Fax Number:
Mailing
Address:*
gingellm@oakgov.conn
1200 N, Telegraph Road, Dept. 404Pontiac, Ml 48341
Project Director/Project Contact
Name* Karen Koshen
Title:* Court Resource and Program Specialist
248-858-0296Phone
Number:*
Ext.
E-Mail
Address:*
Fax Number:
Mailing
Address:*
koshenk@oakgov.com
248-858-1999
1200 N. Telegraph Road, Dept. 404Pontiac, Ml 48341
Financial Officer
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Name:"
Title:*
Phone
Number:*
E-Mail
Address:*
Fax Number:
Mailing
Address:*
Timothy Soave
Manager, General Fiscal Services
248-858-0807
soavet@oakgov.com
248-452-2148
Executive Office Building
2100 Pontiac Lake Road
Waterford, Ml 48328
Ext.
Local DCCMIS (SCCM) Administrator Name
Name:* Candace Sereno
E-Mail
Address:'serenoc@oakgov.com
Program Design pt 1
Felony offenseoccurring Pontiac
within City of:*
Target Population*
• High Risk
• High Needs• Non-violent Offenders
• Diagnosed with a substance use disorder• Other
The target population includes defendants who commit a crime within the City of Pontiac that meet the
criteria of the Drug Court Statute and the requirements of this grant. A participant may not have a previous
conviction for an offense involving use or attempted use of force against another with the intent to cause
death or serious bodily harm. Participants must be diagnosed with a substance use disorder and score a 5
or higher as mandated by the SCAO on either the violence or redicivism scale on the COMPAS
assessment.
Screening, Eligibility and Assessments*
How are potential urban drug court participants identified?
Community Corrections will identify all legally eligible cases scheduled for a preliminary examination in the
50th District Court. Community Corrections will screen all defendants, whether in custody or on bond, for
potential eligibility. A request for screening may also come from the Court, the prosecuting attorney, law
enforcement or counsel for the defendant.
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Initial Eiigibility Screening"
When does the initial eligibility screening occur, who conducts the initial screening of offenders, and who determines eligibility?
Substance abuse assessments (and mental health assessments, if deemed necessary) are conducted at
the time of the preliminary examination in the 50th District Court by Community Corrections. Community
Corrections determines legal eiigibility for the program.
COMPAS Assessment*
Who conducts the COMPAS assessment and when does the assessment occur?
For those persons determined to meet legal eligibility by Community Corrections, a COMPAS assessment
is conducted by the case manager or Community Corrections within 72 hours of arrest, if in custody, or as
soon as permission is granted by the defense attorney and an appointment can be set up if the defendant
is not in custody.
Substance Abuse Assessments*
What type of substance abuse assessments are conducted, when are they conducted, who conducts the assessment, and what is thename of the assessment tool?
The NEEDS Assessment tool is administered for substance abuse disorders and, if needed, the LOCUS
for mental health disorders. These assessments are conducted by the case manager or Community
Corrections and will be followed by a psycho-social interview conducted by a person who is credentialed to
perform assessments.
Are Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) codes determined based on assessment tools used?
DSM-1V Codes* Yes
If No, how is it
determined?
Program Design pt. 2
Upon successful completion of the urban drug court program, charges are: (Please check all that apply)
Charges are:* Other
If you checked any of the boxes regarding case processing, please elaborate (e.g. DWI 3rd reduced to 2nd upon successfulcompletion).
Please
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elaborate on
the response NA
given above."
Please check all that apply
Treatment is Through direct contracts with individuai providers, Through contracts with iocal treatment
provided:* agencies and/or through a single contract with the Regional Substance Abuse
Coordinating Agency , Determined by the participant and/or insurance
Substance Abuse Treatment"
List the substance abuse treatment agencies and the range of services they have available for urban drug court participants in your
jurisdiction.
Oakland County Health Division Office of Substance Abuse Services (OSAS) has contracts with 11
organizations able to provide a continuum of care including: medical detox, enhanced outpatient,
outpatient and group therapy. Oakland County Community Mental Health Agency has contracts with three
agencies able to provide substance abuse and co-occurring services. Community Corrections provides
services including residential and outpatient substance abuse treatment, anger management and/or
domestic violence programs and mental health treatment to participants who are PA511 eligible.
Treatment Plan"
How often is each defendant's treatment plan reviewed?
The defendant's treatment plan will be reviewed on an ongoing basis at team meetings as outlined In each
phase and is adjusted in response to the defendant's progress. To assist a defendant who Is struggling
with the program, the treatment plan will be reviewed on a daily basis, if necessary, and adjustments will be
made accordingly.
Ancillary Services*
What ancillary services are available to participants (e.g.. career counseling, GED classes; etc.}?
Job training, literacy, parenting classes, housing assistance and GED classes are available to participants.
Program Design pt 3
Program Length*
How many phases constitute the program? If phases are not used, explain how a defendant progresses through the program?
There are three phases in the program.
Program Requirements*
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What are the requirements for completing each phase or progressing through the program (e.g. the number, type, and frequency ofdrug tests, attendance at support groups, etc,)?
Phase One - Participate in treatment sessions (including inpatient or residential treatment, if needed) as
established in the treatment plan approved by the Court. Submit to urine and breath screens as directed.
Meet with probation officer and case manager a minimum of one time weekly, Participate in support group
meetings as directed. Obtain an established sponsor within the first 90 days in the program. Follow through
with other referrals for specialized treatment or intervention programs. Participate in UDC review hearings
on a biweekly basis. Establish a payment plan for court-ordered financial obligation or begin service workto pay off fines and costs.
This phase is intended to last three to four months, depending on the individualized treatment plan.
Participants must maintain 90 consecutive days of sobriety after completing any residential treatment to
move to Phase Two, The UDC treatment team will decide when to move a participant to Phase Two.
Phase Two - A step down to the next level of treatment, i.e., intensive outpatient, outpatient or aftercare
treatment, upon recommendation by the treatment provider and the UDC team, Drug testing, including
breath and urine screens, continues as directed. Meet with probation officer/case manager at least once a
month. Participate in support group meetings as directed. Begin completing other terms of probation, such
as community service, parenting classes or referrals for other specialized treatment and intervention
programs. Attend one or more Drug Court review hearings per month as directed. If unemployed or
employed on a part-time basis, begin to seek full-time employment or enroll in school (high school, a GED
program, trade school or college) on a full-time basis. Remain current on payment plan for fines and costs,
Phase Two is designed to last three to six months, depending upon the participant's individualized
treatment plan. Treatment must be completed before moving to Phase Three, with the exception of people
who will engage in life-long counseling. At least one-half of court-ordered community service must be
completed prior to advancement to Phase Three. The decision to move a participant to Phase Three iswithin the discretion of and upon agreement of the UDC team.
Phase Three - Submit to random breath and urine screens as directed. Meet with probation officer/case
manager once per month or more often as directed, Continue support group attendance as directed.
Provide documentation of academic progress and/or employment, Complete community service and
payment of court-ordered financial obligations or establish a repayment plan with the Reimbursement unitfor the outstanding balance.
Phase Three is designed to last approximately six to 18 months, depending upon the participant's ability to
successfully complete the program within the period agreed to by the UDC team. The UDC team will
ultimately determine when a participant will graduate. The probation officer willl review the participant's
LEIN record to ensure that the participant has not been charged with a new offense prior to graduation.
Case Management*
Who is responsible for providing case management and what is the approximate caseload per case manager?
The case manager and the MDOC probation agent are responsible for case management, referral ofparticipants to the appropriate treatment providers, advocating for eligibility for services and public funding,
verifying the defendant has engaged in services and establishing a relationship with the treatment provider
in order to obtain progress reports. The target case load will depend on the distribution of responsibility.
Participant Contact*
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How frequently does the case manager have contact with the participant? Are the contacts direct (face-to-face) or indirect
(telephone)?
The frequency of contact varies, depending upon the phase and sobriety of the participant. ^ In Phase One,
the case manager and MDOC probation agent will have face-to-face contact with the participant on at least
a weekly basis. The level of face-to-face contact diminishes as the participant progresses in his/her
sobriety, but will be at least monthly throughout the program.
Status Review Hearings-
How frequently does the urban drug court participant appear before the judge for status review hearings?
In Phase One, a participant will meet with the Court on a biweekly basis. As the participant progresses
through the program and phases, this will be reduced to a monthly basis. Frequency can be increased as
needed to address challenges to the participant's sobriety and progress.
Please check all that apply
Who
participates inthe status Judge, Case Manager, Parole/Probation Agent, Treatment Provider
review
hearings?"
Other
Federal Confidentiality Laws*
What are the urban drug court program's policies and procedures to assure compliance with federal confidentiality laws regarding
treatment information?
The UDC subscribes to the confidentiality policy adopted for the ATC/MHC programs. "Ail ATC/MHC
contracted substance use disorder (SUD) treatment and mental health providers shall comply with the
Federal Drug and Alcohol Confidentiality Law (42 CFR, Part 2), the Health Insurance Portability andAccountability Act (H1PAA) of 1966-Privacy Standards (45 CFR, Parts 160 and 164), the Oakland CountyCommunity Mental Health Authority Policy No. RR 6,1, the Oakland County Circuit Court Administrative
Order 1998-03J (revised) and the Oakland County Community Mental Health Authority Rights Policies.
Program Design pt 4
Drug Testing*
How freouentlv are DarticiDants required to submit to drug and/or alcohol testing? What are they being tested for?
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Drug and alcohol testing schedules will be established based upon drugs of choice and the speed at whichthey are metabolized. Protocols recommended in the Michigan Association of Drug Court Professionals
Michigan Drug Testing Standards will be adhered to. At a minimum, a 5-panel test and FBI will be
completed 2-3 times per week and other drug testing will be added if there is a suspicion of use.
Administrator*
Who administers the drug and/or alcohol testing?
Testing will be done by outside agencies, namely JAMS and RESULTS, as they have existing offices in theCity of Pontiac and several others throughout Oakland County and southeastern Michigan.
Notification*
Who is notified of the result and how soon does this occur?
The agencies where drug testing is provided maintain websites where all test results are posted. Positive
test reports are given immediateiy to the case manager and MDOC probation agent. The case managerwill enter all test results into DCCMIS.
Positive Results?*
What is the response to a positive drug or alcohol test result?
The response is two-fold and depends upon the participant as the sanction response differs depending
upon whether the participant acknowledges that he/she will test positive. Typically there will be a court
sanction and a treatment response to address the aberrant behavior and redirect the participant towards
continued sobriety.
Program Design pt 5
Sanctions*
List the sanctions that are used.
Sanctions will be applied as an immediate and direct consequence of program failure. The UDC Judge
uses sanctions to assist participants in complying with the rules and regulations of the program, Sanctions
may include, but are not limited to: increased drug testing, increased frequency of court appearances
before the UDC Judge, participation in Community Corrections programming as directed, complete
community service, tether or incarceration.
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Incentives*
List the incentives that are used.
Incentives can be recommended by treatment staff and are granted at the UDC Judge's discretion for
particular accomplishments in treatment or phases. When the opportunity arises, the UDC Judge will seek
to support treatment through positive reinforcement, in-court acknowledgment, early calendaring and other
incentives as agreed to by the team. Other more specific incentives are given less frequently when a
participant has reached a treatment milestone.
Graduation Requirements*
Discuss the participant requirements for graduation.
When a participant completes all three phases of the UDC as outlined above, and upon recommendation of
the UDC team, he/she becomes eligible to graduate from the program. This includes; maintaining sobriety
and being clean and sober for a minimum of four consecutive months, successfully completing all
treatment goals and community service assignments, paying all court-ordered financial obligations,
successfully completing or progressing within an academic program or maintaining employment and having
an association with an aftercare-type support system.
Expulsion Criteria"'
Discuss the criteria for terminating a defendant from the program.
The decision to terminate someone from the UDC program will be made on a case-by-case basis.
Conduct demonstrating a refusal to comply with treatment plan and program rules will be grounds for
termination.
Who makes up the Urban Drug Court Team? (Please check all that apply)
Team"*OUI^ Judge, Case Manager, Parole/Probation Agent, Treatment Provider
Other
Program income
Will your court program
earn program income as No
defined above?*
Program Income Sources:
If yes, what are the program income sources and how much is charged for each program income source (e.g., drug tests 25;
participation fees $250. etc J?
At this early stage, the Court has established no program income. However, the Court is considering its
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options to offset costs with an eye to future sustainability of the program as it evaluates the participants'
progress.
Certification Form
Authorizing Official
By checking the box, Icertify that the below
referenced person is theAuthorizing Official for
the court program.*'
Authorizing Official
Name:*
Date:*
Project Director
By checking the box,!certify that the beiow
referenced person is tine
Project Director for the
court program:*
Project Director Name:*
Date:*
Financial Officer
By checking the box, I
certify that the beiow
referenced person is theFinancial Officer for the
court program:*
Financial Officer Name:*
Date:*
Yes
Michael J. Gingell
08/29/2013
Yes
Karen Koshen
08/29/2013
Yes
Timothy Soave
08/29/2013
Personnel
Name Position Computation Request
Other
Grant Or
Funding
Sources
Local Cash
Contribution
Local In-KindContribution Total
EbonyWlcCann
Youth andFamily
Casework
Supervisor
$55,882 x 1.02 (pro]pay increase} =$57,000x100%$26.86/hour
$57,000.00 $0,00 $0.00 $0.00 557,000.00
Vacant TechnicalAssistant(ptne)
$17.62/hourx 1,000hours = $17,620 $17,620.00 so.oo so.oo $0.00 $17,620.00
$74,620.00 $0.00 $0.00 $0,00 $74,620.00
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Personnel Justification
Personnel Justification*
Justify personnel (i.e., wages) associated with the proposed project These personnel costs should tie back to the Budget Request
Summary and Budget Detail worksheet.
The court requests a case manager/supervisor position. The job duties include coordination of weekly case
conferences, initial case screening for eligibility, liaison and contract oversight with service providers,
supervision of participants in the UDCI program, and preparation and maintenance of program procedure
manuals. Oakland County established the pay grade for this position as the equivalent of a Youth andFamily Casework Supervisor position. It is anticipated that the successful candidate will begin at the one-
year step of the salary grade, (Total cost $57,000) The court also requests funding for a ptne technical
assistant position who will be responsible for entering all case related data for participants into the DCCMIS
system, as well as, making calls, contacts, and other duties as assigned by the case manager. The funding
of the technical assistant position will enable the case manager to focus upon her primary duties while
ensuring that ministerial functions, data entry, and file maintenance are timely and accurately performed.
Oakland County established the pay grade for this position as the equivalent of a Technical Assistant
position. (Total cost $17,620)
Fringe Benefits
Row Percentage Request
Other Grant Or
Funding
Sources
Local Cash
Contribution
Local In-Kind
Contribution Total
Employer PICA 7.65%$4,478.00 $0.00 $0.00 $0.00 $4,478.00
Retirement 35.4%$20,860.00 " $0.00 $0.00"$0.00 -$20;860.00
Hospital
Insurance 0%$13,973.00 $0.00 $0.00 $0.00 $13,973.00
Dental Insurance 0%$762.00 $0.00 $0.00 $0.00 $762.00
Vision Insurance 0%$110.00 $0.00 $0.00 $0.00 $110.00
Unemployment 0.32%$182.00 $0.00 $0.00 $0.00 $182.00
Worker's
Compensation 1.38%$787.00 $0.00 $0.00 $0.00 $787,00
Life Insurance 0.3%$171.00 $0,00 $0.00 $0.00 $171,00
Other 1.37%$782.00 $0.00 $0.00 $0.00 $782.00
Other 0%$0.00 $0.00 $0.00 $0.00 $0.00
Other 0%$0.00 $0.00 $0.00 $0.00 $0.00
Other 0%$0.00 $0,00 $0.00 $0.00 $0.00
Totals $42,105.00 $0.00 $0.00 $0.00 $42,105.00
Fringe Benefits Justification
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Fringe Benefits Justification*
Justify fringe benefit costs associated with the proposed project. These fringe benefits should tie back to the Budget RequestSummary and Budget Detail worksheet.
The requested fringe benefits adhere to Oakland County's standard benefit package for a full-time
employee under the Oakland County Merit System. In addition to the rates listed above, which total
46.39%, there are annual direct charges for hospital, dental, and vision which are as follows: $13,973,$762, and $110 respectively. (Total cost for Supervisor position $41,287) The requested fringe benefit for
a part-time non-eligible employee is a flat 4.64% of salary. (Total cost for the technical assistant $818)
Contractual
Contractor Computation
Services to
be
Provided
Request
Other
Grant or
Funding
Source
Local Cash
Contribution
Loca! in-Kind
Contribution
Total
Solutions to
Recovery,
Sequoia, andCPI
$48.00/day
Residentialand transitionalhousing for
participants
$45,000.00 $50,000.00 $0.00 $0.00 $95,000.00
OSAS(includesWoodward
Counseling)
Varies from $65/day- $25/day
Substanceabusetreatment
optionsthrough Office
of SubstanceAbuse
Services anditsstakeholders.Includes
residential
treatment,
detox.options, .intensive
outpatient
therapy, andgroup andindividualtherapy
services.
320,000.00 $50,000.00 $0.00 $0.00 $80,000.00
OaklandCountyCommunityMental Health
Costs vary
depending on the
service
Adresses
treatment andsen/ices for
participants
with co-
occuringdisorders.
$10,000.00 $20,000.00 $0.00 so.oo $30,000.00
JAMS and
Results
$36/week/partictpant
x 30 particpants x 52weeks = $56,160
drug testingservices for
participants
$56,160.00 $0,00 $0.00 $0.00 $56,160.00
$131,160.00 $130,000.00 S0.00 $0.00 $261,160.00
Contractual Justification
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Contractual Justification*
Justify contractual costs associated with the proposed project. These contractual costs should tie back to the Budget Request
Summary and the Budget Detail Worksheet
These costs are for residential and transitional housing, various group and individual therapy, drug testing,
and other treatment options for participants.
Supplies
Item Computation Request
Other Grantor
Funding
Source
Local Cash
Contributions
Local In-KindContributions Total
Instant DrugTesting Kits
$7 x 55 participants x
9 tests $3,465.00 $0.00 $0.00 so.oo $3,465.00
Alcohol
Tether
$10 x 7 participants x90 days $6,300.00 $0.00 $0,00 $0.00 $5,300.00
$9,765.00 $0.00 $0.00 $0.00 $9,765.00
Supplies Justification
Supplies Justification*
Justify supply costs associated with the proposed project. These supply expenses should tie back to the Budget Request Summary
and Budget Detail worksheet.
Instantdrug testing kits.provideirnmediateieedback.on a participant's performance in the program. Therequested line item provides for 500 instant drug kits which averages nine tests per participant in a year
presuming full capacity from day one. The court also requests funding for an alcohol tether to ensure theUDCI pilot may offer a full range of sanction options to participants who relapse during the course of
completing the program. As identified above, the daily cost of tether is $10/day.
Travel
Type of
Travel
Expenses
Computation Request
Other
GrantorFunding
Source
Local Cash
Contributions
Local In-Kind
Contributions Total
Bus Passes S66 x 55 participantsx 9 months $32,670.00 $0,00 $0.00 $0.00 $32,670.00
$32,670.00 $0.00 £0.00 so.oo S32.670.00
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Travel Justification
Travel Justification*
Justify travel costs associated with the proposed project. The costs should tie back to the Budget Request Summary and the BudgetDetail worksheet.
Because many participants lack either a valid driver's license and/or a motor vehicle, bus
passes provide participants with effective transportation to attend court hearings, treatment sessions, and
other program requirements.
Other Sources of Funding
Other Sources of Funding"
N/A
Personnel Summary
Budget
Category Request Other Grant Or
Funding Source
Local Cash
Contributions
in-Kind
Contributions
Total
Cost
Personnel Total $74,520.00 $0,00 $0.00 $0.00 $74,620.00
Fringe Benefits Summary
Budget
Category Request Other Grant Or
Funding Source
Local CashContributions in-Kind
Contributions
Total
Cost
Fringe BenefitsTotal 542,105.00 so.oo so.oo $0.00 $42,105,00
Contractual Summary
Budget
Category Request Other Grant Or
Funding Source
Local Cash
Contributions In-KindContributions Total
Cost
Contractual Total $131,160.00 $130,000.00 $0.00 $0.00 $261,160.00
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Supplies Summary
Budget
Category Request Other Grant OrFunding Source
Local Cash
Contributions
In-Kind j Total
Contributions ( Cost
Supplies Total $9,765,00 $0.00 $0.00 $0.00 I $9,765.00
Travel Summary
Budget
Category Request Other Grant Or
Funding Source
Local Cash
Contributions
In-Kind
Contributions
Total
Cost
Travel Total $32,670.00 $0.00 $0.00 $0,00 $32,670.00
Total Budget
Budget
Category Request Other Grant Or
Funding Source
Local Cash
Contributions
In-Kind
Contributions
Total
Cost
Total $290,320.00 $130,000,00 $0.00 so.oo $420,320.00
Attachment
Attachment Description File Name Type File
Size
Attachment 6th Circuit Court - UDC Testing and Treatment
.F=ees •
6th Circuit UDCI - Testing and Treatment
.Rees.pdf pdf 1023 KB
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FISCAL NOTE (MISC. #13292) November 13, 2013BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSONIN RE: CIRCUIT COURT - 2014 URBAN DRUG COURT INITIATIVE (UDCI) GRANT PROGRAM - GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule Xil-C of this Board, the Finance Committee has reviewed the above referenced resolution and
finds:
1. The Circuit Court has received a grant award from the State Court Administrators Office (SCAO), for the
Urban Drug Court Initiative (UDCI) Grant Program in the amount of $290,320 for the period of October 1,
2013 through September 30, 2014.
2. This is the second (2nd) year of this grant award.
3. The total program budget is for $420,320 which includes an award from SCAO of $290,320 and PA 511
Community Corrections contributed funding of $130,000.
4. There is one (1) special revenue, full-time eligible Youth and Family Caseworker Supervisor position
(3010301-11294) that is fully funded by the Urban Drug Court Initiative SCAO funds totaling $98,287.
5. There is one (1) special revenue, part-time non-eligible 1,000 hours per year Technical Assistant position
(3010402-New) that is funded by Urban Drug Court Initiative SCAO funds of $18,438.
6. The remainder of the SCAO award wiii be used to fund drug screens, professional services and bus
passes for participants.
7. A FY 2014 budget amendment is recommended as follows:
Special Revenue Fund #27135 FY 2014 Amendment FY 2014
Circuit Court Civil/Criminal Services Adopted Amended
Project #GR0000000626 Activity GLB, Analysis Type GLB
Revenue
3010301-121200-615571 Grants State $247,229 $43,091 $290,320
Total Revenue $247,229 $43,091 $290,320
Expenditure
3010301-121200-702010 Salaries $72,721 $ 1,899 $74,620
3010301-121200-722750 Workers Compensation 902 106 1,008
3010301-121200-722760 Group Life 225 (54)171
3010301-121200-722770 Retirement 26,863 (6,008)20,855
3010301-121200-722780 Hospitalization 19,473 (6,111)13,362
3010301-121200-722790 Social Security 5,563 (745)4,818
3010301-121200-722800 Dental 1,135 (373)762
3010301-121200-722810 Disability 1,025 (244)781
3010301-121200-722820 Unemployment Insurance 269 (31)238
3010301-121200-722850 Optical 175 (65)110
3010301-121200-731458 Professional Services 69,708 61,452 131,160
3010301-121200-731997 Transportation of Clients 33,780 (1,110)32,670
3010301-121200-750280 Laboratory Supplies 15.390 (5.625')9.765
Total Expenditure $?47.??9 $ 43.091 $2.90.32.0
FINANCE COWIMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #13292 November 13, 2013
Moved by Crawford supported by Jackson {with fiscal notes attached) on the amended Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Runestad, Scott, 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 amended
Consent Agenda were adopted (with accompanying reports being accepted).
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 November 13,
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 13th day of November 2013.
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
Lisa Brown, Oakland County