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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 http://micoiirts.dullestech.net/getApplicationPrintPreview.do?documentPk=l 374767451227 10/7/2013 WebGrants - Michigan Courts Page 2 of 16 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 http://inicourts.dullestech,net/getAppiicationPnntPreview.do?documentPk-1374767451227 10/7/201 Page 3 of 16 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 http://micoiirts.diiliestech.net/getAppIicationPrmtPreview.do?documentPk=1374767451227 10/7/2013 WebGrants - Michigan Courts Page 4 of 16 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. http://micourts.dullestech.net/getApplicationPrmtPreview.do7documenlPk-1374767451227 10/7/201 Page 5 of 16 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 http://miconrts.dullestech.netygetApplicatioiiPrintPreview.do?documentPlc=1374767451227 10/7/201 WebGrants - Michigan Courts Page 6 of 16 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* http://micoiirts.dullestech.net/getApplicationPrintPreview.do7docmnentPk-1374767451227 10/7/201 WebGrants - Michigan Courts Page 7 of 16 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* http://micourts.duUestech.net/getApplicationPrintPreview.do?documentPk=l 374767451227 10/7/2013 WebGrants - Michigan Courts 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? http://niicourts.dullestech.net/getAppHcationPrintPreview.do7documentPk-1374767451227 10/7/201 WebGrants - Michigan Courts Page 9 of 16 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. http://micourts.duliestech.net/getApplicationPrintPreview.do?dociimentPk=l 3 74767451227 10/7/2013 WebGrants - Michigan Courts Page 10 of 16 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 http://micourts.dullestech.net/getAppncationPriiitPreview.do?documentPk=l 374767451227 10/7/201 WebGrants - Michisan Courts Paae 11 of 16 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 http://micourts.dullestech.net/getApplicationPrintPreview.do?documentPk=1374767451227 10/7/2013 WebGrams - Michigan Courts Page 12 of 16 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 http://micourts.duIlestech.net/getApplicationPrintPreview.do7documentPk-1374767451227 10/7/201 WebGrants - Michigan Courts Page 13 of 16 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 http://micouns.dullestech.net/getAppIicationPrmtPreview.do ?documentPk=1374767451227 10/7/2013 WebGrants - Michigan Courts Page 14 of 16 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 http://micourts.diillestech.net/getAppIicationPrintPreview.do?docuinentPk—1374767451227 10/7/201 WebGrants - Michigan Courts Page 15 of 16 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 http://niicourts.dullestech.net/getApplicationPrmtPreview.do ?dociimentPk=1374767451227 10/7/2013 WebGrants - Michigan Courts Page 16 of 16 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 littp'.//micourts.dunestech.net/getApplicationPriiitPrevie-w.do?documentPk=l 3 74767451227 10/7/2013 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