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HomeMy WebLinkAboutResolutions - 2013.11.13 - 21107REPORT (MISC. #13294)November 13, 2013 BY: Human Resources Committee, John Scott, Chairperson IN RE: 52nd DISTRICT COURT/DIVISION IV (TROY) - 2014 MICHIGAN DRUG COURTGRANT 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 13294 November 13, 2013 BY: PUBLIC SERVICES COMMITTEE, BILL DWYER, CHAIRPERSONIN RE: 52nd DISTRICT COURT/DIVISION IV (TROY) - 2014 MICHIGAN DRUG COURT GRANT PROGRAM - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52nd District Court, Division IV (Troy) applied for and was awarded a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2013, through September 30, 2014; and WHEREAS the court intends to continue the Drug Court to assist in addressing the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; andWHEREAS the total program funding is $70,153, consisting of $13,000 in grant funding from SCAO, plus General Fund support of $57,153, with no required cash match; and WHEREAS the $57,153 General Fund support consists of $3,888 operating support and $53,265 personnel support; andWHEREAS the grant award of $13,000 will provide funding for drug and alcohol testing to monitor and ensure sobriety, the creation of a special revenue (SR) funding 520 hours per year part-time non- eligible (PTNE) General Clerical position to provide support, participant incentives, and Michigan Association of Drug Court Professionals' (MADCP) conference expenses for on-going education; and WHEREAS 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 Michigan Drug Court Grant Program (MDCGP) from the State Court Administrative Office (SCAO) in the amount of $13,000, for the period of October 1, 2013 through September 30, 2014. 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 to create one (1) SR funded 520 hours per year PTNE General Clerical position in the Probation Unit (#3020505) to provide support for program activities. 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 continuation of this grant program and associated positions is contingent upon continuation of State funding.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 the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. Nanc^Falardeau From: Sent: To: Subject: Attachments: West, Catherine <westca@oakgov.com> Monday, October 28, 2013 10:31 AM batesp@oakgov.com; 'Palulian, Jill'; 'Falardeau, Nancy' GRANT REVIEW SIGN OFF: 52nd District Court/Division IV (Troy) - 2014 Michigan Drug Court Grant Program - Acceptance Grant Acceptance Sign Off - 52-4.pdf; D52 4 REVISED 102513.pdf PLEASE NOTE: A revised grant contract is attached. GRANT REVIEW SIGN OFF - 52/4 District Court GRANT NAME: 2014 Michigan Drug Court Grant Program FUNDING AGENCY: State Court Administrative Office (SCAO) • DEPARTMENT CONTACT PERSON: Patricia Bates (248) 528-8584 STATUS: Grant Acceptance DATE: October 28, 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) tor grant acceptance by Board resolution. Department of Management and Budget: Approved. - Laurie Van Pelt (10/4/2013) Department of Human Resources: Approved. - Karen Jones (10/4/2013) Risk Management and Safety: Approved by Risk Management. - Robert Erienbeck (10/4/2013) 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) DEPARTMENT REVIEW COMPLIANCE 1 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.iisdoi.gov/BJA/grant/DnigCoi3rtR<T)p,fini-ngDC.pdf Health Insurance Portability and Accountability Act (42 CFR Part 2) http://www,access.gpo.gov/nara/cfr/waisidx 02/42cfr2 02.html Executive Order 12549 - Debarment and Suspension httD://www.archives.gov/federal-register/codification/executive-order/12549.htmi Michigan - Conflict of Interest - Contracts of Public Servants with Public Entities - "Act 317 of 1968" http://www.legislature.mi.gov/fuQ31xgeltmri5z55z2uiwv45Vmileg.aspx?paee=getobiect&obiectname=md-Act-317-of- 1968&auervid=14761946 Michigan - Standards of Conduct for Public Officers and Employees (Act 196 of 1973) http://www.iegislature.mi ¦go.v/(S(3Qeoca2irf3u2z55n2klztms)Vmileg.asDx?Dage=getObiect8tobiectName=mcl-15-341 Federal Office of Management and Budget (OMB) Circular No. A-133 http://www.whitehou5e.gov/omb/circulars/al33/al33.html Katie West Oakland County Fiscal Services Phone (248) S58-2384 Fax (248) 858-9724 westca Poakgov.com Work Schedule: Monday-Thursday 7:00AM -5:30PM 2 MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM FY 2014 CONTRACT Grantee Name: 52-4 District Court - Adult Federal ID Number: 38-6004876 Contract Number: 00322 Grant Amount: $13,000 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 52-4 District Court - Adult program. 1.02 This contract incorporates the Grantee's approved grant application request and final approved budget.1.03 This contract is for the MICHIGAN DRUG COURT 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. 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. PERFORMANCE AND BUDGET 5.01 The SCAO agrees to provide the Grantee a sum not to exceed $13,000 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.michigan.gOv/budget/0.1607,7-157- 13404 37161 -179392—.OO.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. . 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. 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 fiirtherance 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. 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. . 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. 0. 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 HTPAA, 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 m 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 DISCLOSURE12.01 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 sucn amounts as necessary to cover all claims arising out of the Grantee's operations under the terms of this contract, 14. INDEMNITY14.01 Unless § 14.02 applies, the Grantee agrees to indemnity, 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 borne 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, final 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 final 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 S ingle 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 INTEREST23 01 The Grantee presently has no personal or financial interest, and snail 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., MSA 4.1700(51) etseq., and 1973 PA 196, as amended, MCL 15.341 etseq., MSA4.1700 {IV) etseq. 24. DEBT TO STATE OF MICHIGAN 24.01 The Grantee covenants that it is not, and will not become, m 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 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 ot the parties. 28. DELIVERY OF NOTICE28.01 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 Miss Patricia Bates, MP A, 52-4 District Court, 520 W. Big Beaver Road, Troy, MI 48084. 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: 52-4 District Court - Adult 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: Deputy State Court Administrator Date: ATTACHMENT A MICHIGAN DRUG COURT GRANT PROGRAM (MDCGP) FY 2014 REPORTING REQUIREMENTS October 1, 2013 through September 30,2014 DCCMIS DATA EXCEPTION REPORT DUE DATE NOTE February 15,2014 Courts will 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 I, 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. PROGRESS REPORTS DUE DATE NOTE April 30, 2014 Interim Report Courts will be reporting on progress made during the first half of the grant period - October 1, 2013, through March 31, 2014. October 30, 2014 Final Report Courts will be reporting on progress made during the second half of the grant period - April 1, 2014, through September 30,2014. From: Sent: Subject: MICHIGAN COURTS Om1 Courl ol' justicv 00004 - Michigan Drug Court Grant Program (MDCGP) - Fina! 00322 - Drug Therapy Court Grant Application 2014 Michigan Drug Court Grant Program (MDCGP) Status:Submitted Original Submitted Date: LastSubmitted Date: 06/21/2013 11:58 AM 10/03/2013 9:55 AM Primary Contact: Name:* Title: Email:* Address:* Address Line 2 Address Line 3 City* Phone:* Ms. Salutation Patricia First Name batesp@oakgov.com 520 W. Big Beaver Troy Michigan City State/Province248-528-8584 Phone Middle Name Bates Last Name 48084 Postal Code/Zip Ext. Organization Information Name:* Organization Type: Tax ID: Organization Website: Address:* 52nd District Court Fourth Division - Oakland County (D52-4) State Court Administrative Office 520 W. Big Beaver Road 1 Phone:'' Fax: TroyCity 248-528-0400 Michigan State/Province 48084 Postal Code/Zip Application Information is there an approved Local Administrative Order (LAO) ? Local Administrative Order y(LAO):* LAO Number: 2001-01 is there a current Memorandum of Understanding (MOU)? Memorandum of Understanding (MOD)* Effective Date: Expiration Date: Federal Tax ID:* What is the program capacity?* What is the current number of active participants?* How many years has the program been operational?* Type of Program* Court Name {Example: 100thCircuit Court)* Yes 01/01/2011 09/30/2014 38- 6004876 70 66 12 Contact Information Judges/Referees Judge/Referee 1 :* Judge/Referee's E-mail Address* Judge/Referee 2: Judge/Referee 3: Judge/Referee 4: Authorizing Official Name:* Title:* Phone Number:* Kirsten Nielsen Hartig hari;igk@oakgov.com Michael J. Gingell Chairman, Oakland County Board of Commissioners 248-858-0100 E-mail Address:* Fax Number: Mailing Address:* gingellm@oakgov.com 1200 North Telegraph Rd. 2 County Service Center, Building 12 East Pontiac Michigan 48341-0421 Project Director/Project Contact Name* Title:* Phone Number:* Patricia Bates Probation Supervisor/DTC Coordinator 248-528-8584 Ext. E-Mail Address:* Fax Number: Mailing Address:* 248-524-6454 52-4 District Court 520 W. Big Beaver Troy Michigan 48084 batesp@oakgov.com Financial Officer Name:* Title:* Phone Number:* Tim Soave Manager Fiscal Services 248-858-0807 Ext. E-Mail Address:* Fax Number: Mailing Address:* soavet@oakgov.com 1200 N. Telegraph Pontiac Ml 48341 Local DCCMIS (SCCM) Administrator Name Name:* E-Maii Address:* Victoria Nellis neliisv@oakgov.com Program Description Caseload Data:* 1.) The court's caseload data that substantiates the target population and the need for the drug/DWi court program. Include any changes or trends in the data that further demonstrates the need for the drug/DWi court program. The Fifty-Two Four District Court serves the communities of Troy and Clawson. The total population of 52-4's jurisdication is 94,157 perthe2010 census. The mission of the Drug Therapy Court is to provide a coordinated continuum of care of substance abuse services through judicial supervision, case management, and treatment while improving safety of the community and supplying offenders with the tools to pursue a life free of crime and substance abuse. The 52-4 implemented DTC to target high-risk, substance abusing, repeat offenders. Most are second or multiple offenders or are found to be drug/aicohol dependant and traditional probation is iess likely to be successful. In 2012, approximately 24% of the courts 20,237 cases were misdemeanor offenses and 26% of those were placed on probation. Each probation officer supervises over 200 probationers. The supervision included monthly meetings, monitoring 3 formal testing, overseeing counseling programs, support group meeting attendance, completion of classes such as Victim Impact or Driver Intervention, and completed community service. The large caseload prohibits intensive monitoring of high risk offenders which necessitates the need for an intensive setting such as Drug Therapy Court. The need for DTC has increased with the emergence of two alcohoi and polydrug trends adding to the complexity of probation cases. There is a rise in prescription drug abuse and marijuana use in our population. This furthers the need for more frequent drug testing, monitoring and more intensive counseling. If left unaddressed, a prescription drug use frequently leads to heroin use and subsequent addiction when prescription medications are no longer available or cost prohibitive. Case Dispositions Time Frame:* 2.) The time frame for case dispositions, include any delays. DTC eligible cases are disposed of in approximately four weeks, allowing for early supervision and treatment. Incarceration/Detention:* 3.) The degree to which the court uses incarceration/detention for the target population, or in the case of child abuse and neglect, the degree to which foster care and adoption is currently relied upon for the children of the participant. Formerly, jaii was routinely ordered on most Operating While Impaired 2nd of usually 15-30 days. With jail overcrowding and the option of DTC, jail may not be ordered at all at sentencing or just 7-15 days, depending mostly on former criminal history. Jail is now used in sanctions, depending on the type of violation and number of previous violations. Jail is used at the rate of 3 to 10 days, more if it is a case where they are being expelled from the program, Program Goals (Required) 4 Goal 1:* Reduce drug use during program participation The use of increased testing is one way DTC would work to reduce drug/alcohol use, with the goal of a 25% reduction in all positive tests. Ail partipants drug and alcohol testing results are entered into the case management program, DCCMIS, which will meaure the progress toward this goal. Along with increased testing there would be consistent sanctions for any missed, late, positive or dilute tests. Regular review hearings occuring bi-weekiy in Phase I and then less frequently as the participant progresses through the phases, 3 minimum weekly support group meetings, counseling and case manager meetings bi-weekly or more in Phase I and less frequently as the participant progresses through the phases. Goal 2:* Retain participants in the drug court program This goal would be accomplished through intensive case management meetings and biweekly judicial hearings. This goal will be measured by program records with 60% of partipants successfully completing the program. Goal 3:* Reduce drug and alcohol related crime in the jurisdiction (may not be applicable to Family Dependency Courts) Requiring the participants to be in compliance with all program rules, completing prescribed treatment and maintaining a sober lifestyle for 24 months will reduce drug and alcohol crime in the jurisdiction with the following results: - 75% of program participants to have no new convictions while enrolled in DTC; measured by LEIN/SOS - 75% of program graduates will have no new convictions within 12 months of graduation; measured by ICHAT records - 65% of program graduates will have no new convictions within 24 months of 5 graduation; to be measured by ICHAT Goal 4:* Alleviate congestion of court dockets Acceptance into the DTC is an expediated process to ensure eligible participants are identifed and placed into the program promptly, clearing the docket for other cases and sanctions are handled during bi-weekly DTC hearing, eliminating the need to schedule separate probation violation hearings on court dockets. All sanction violation hearings are held during DTC and will be measured by program records. Goal 5:* Alleviate jail or detention overcrowding (if applicable) With DTC, initial incarceration at sentencing for a second offense is reduced or eliminated and often offset by by the use of electronic monitoring or Community Corrections Alternative Treatment to Incarceration 30 day residential which can be used in lieu of jail time. 80% of participants will not receive incarceration as an initial sentence while participating in DTC, to be measured by program records. Goal 6:* Retain participants in substance abuse treatment Attendance in prescribed substance abuse treatment will be monitored by the probation officer. The participant can not graduate until the prescribed treatment is completed. 100% of graduates will be complete the prescribed treatment; to be measured by program records and verified by probation officer. Program Goals (Optional) Goal 7: Reduce child abuse and neglect (if applicable) Goal 8: List other goal specific to your drug/DWi court program here Goal 9: List other goal specific to your drug/DWi court program here Goal 10: List other goal specific to your drug/DWi court program here Check all thai apply What is the target population^ Other, please explain: Describe how the above Information differs from previous years' procedures:* OWl, DrugOffender Currently,the DTC focus has shifted towards moreOWi 2nd cases. Describe the eligibility criteria:* The considered participant must have reliable transportation, including eligibiity for license with interlock device for OWI 2nd; the charge is not a violent offense, 17 years or older, alcohol/drug abuse or dependent and no diagnosis of severe mental health problem. 7 How are potential Judges, participants identified:* Parole Agent, Defense Attorney If Other, please describe: Screening:* Describe when screening occurs, who conducfs the screening, and who determines eligibility. After the plea is taken, the screening is performed at the time of Presentence Investigation is conducted by the probation officer/probation investigator. The report with the recommendation is then given to the probation supervisor/DTC program coordinator for approval and then sent to the Judge for final determination. Is a risk/needs assessment used to help identify high risk/high need offenders? Risk Assessement?:* Yes If answered yes to the above question, name the assessment tool used Assessment Tool: NEEDS instrument Describe how the above Participants information differs from were also previous years' identified by procedures:* Oakland County Community Corrections Pretrial Services investigator at time of arraignment or pretrial. jAssessments What is the name of the substance abuse assessment tool that is used? Substance Abuse NEEDS Assessment Tool:* instrument Does the assessment provide a Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) diagnosis? DSM-IV Diagnosis:* Yes if answered no to the above question, describe how the substance use diagnosis is determined How substance use diagnosis is determined: Assessment:* Describe when the assessment is conducted and who conducts the assessment 8 The drug/alcohoi assessment is conducted after plea and prior to sentencing, The assessment is conducted by a probation officer who utilizes testing instruments, the incident report, the BAC results, LEIN/SOS/JDW/CLEMIS records, drug and alcohol testing while on bond and face to face interview. Is the American Society of Addiction Medicine Patient Placement Criteria used to determine appropriate level of treatment? American Society ofAddiction Medicine Patient Yes Placement Criteria:* How treatment level is determined: If answered no to the above question, describe how the level of treatment is determined Describe how the above There has information differs from been no previous years' procedures:* chanae in this procedure. Treatment Continuum and Plan Substance Abuse Treatment Agencies:* List the substance abuse treatment agencies and the type of services available for drug/DWi court participants There are several agencies that provide counseling. The list includes Eastwood Clinics, Cetnro Multicultural La Familia, Oakland Family Services, Recovery Consultants Inc., Alternative to Incarceration 30-day stay treatment program that utilizes Community Programs Incorporated, Solutions to Recovery, Sequoia Recovery Services and Turning Point. Eastwood Clinic - education, outpatient, intensive outpatient Check all that apply Treatment is provided:* Determinedby the participant and/or insurance 9 If treatment is provided through a contracts), was there a competitive bid process? Competitive Bid Process:* No Are participants linked to treatment providers based on individual differences? Treatment Providers:* Yes Treatment Process:* Explain the answer given to the above question, describing the process There are preferred treatment providers but other accredited treatment agencies can be accepted based on the defendant's special needs, transportation and insurance/financia! issues. They are given an approved list of provided based on their residence. Treatment Plan:* Who develops the treatment plan? How often is the treatment plan reviewed and by whom? At the time of assessment, the probation officer/investigator recommends level of care based on the PSI assessment which includes - criminal history/contacts, NEEDS results, level of BAG results; but it ultimately up to the treatment provider to determine level of care with input and review from the probation officer and DTC team. It is adjusted as needed and close communication from the providers is required. What ancillary services are available to the participants in the program? Check all that apply: Ancillary Services:* Educational, Mental Health, Career If Other, please describe: Participants are referred toGED/diploma programs, Community Network Services, Michigan Works!, WIC and Community Corrections. These programs can be ordered as part of DTC. 10 Describe how the above There has information differs from been no previous years' change in procedures:* procedure. Program Length What is the minimum length of the drug/DW! 18 months court program?* What is the maximum length of the drug/DWI 24 months court program?* Describe the factors used to determine the program length Program Length Factors:* The program is divided into four phases. The first three are four months long each and the last, after graduation, is 6 months long when they are considered to be on regular probation. The participant isthen discharged if they have been in compliance. How many phases does ^ the program consist of?* Describe what factors were They are used to determine the designed to length of each phase:* be a minimum of 4 months but can be extended based on violations or progress. In each phase, if the participant is stable, monitoring and testing is reduced. In Phase I if they are an 0W] 2nd the Driver Invention program must be completed, they must have a sponsor and submit weekly journals for 12 step attendance, and be in regular treatment, In Phase ll they must create a relapse prevention plan in additional to all previous requirements. In Phase ill to graduate they must have 6 months clean and completed counseling. If phases are not used, explain how a participant progresses through the program List the requirements for completing each phase:* e.g. the number, type, and frequency of drug tests, attendance at support groups, etc. Phase I - Report to probation officer in person bi¬ weekly as directed by probation officer, Attend substance abuse counseling as directed by treatment provider or statute, Submit to urinalysis and/or blood aicohol content tests as directed by probation officer or treatment provider, Attend Drug Therapy Court bi-weekly, Attend three closed twelve step-meetings per week with written documentation, Obtain a sponsor within 45 days and provide written verification once to Step 4, cannot move to Phase II without a sponsor, Submit written journal weekly, Family member, friend or sponsor must attend first DTC court date and then as directed, 12 Provide proof of employment and/or education, Considered for license after 45 days and once granted with interlock, downloaded every 10 days, Attend VIP (if applicable), Attend DIP if OWI 2nd conviction Phase II - Attend substance abuse counseling as directed by treatment provider, Create relapse prevention plan and complete by next appointment, Submit to urinalysis and/or blood alcohol content tests as directed by probation officer or treatment provider, Attend Drug Therapy Court 1x per month or as directed, Continue AA attendance and provide written documentation, Maintain sponsor and provide written verification monthly, Provide verification of new . activities/hobbies/interests, Have a family/friend member or sponsor attend as directed, Provide proof of employment and/or education, Interlock download reduced to every 15 days Phase III - Report to probation officer or DTC once per month or as directed, Attend and complete to graduate substance abuse counseling as directed by treatment provider, Submit to urinalysis and/or blood alcohol content tests as directed by probation officer or treatment provider, Attend three closed 12 step-meeting per week and provide written documentation, Maintain a sponsor and provide written verification monthly, Have a family member or sponsor attend DTC as directed, Provide proof of employment and/or education, Attend commencements with family member and/or sponsor, To advance to graduation, must have at least 6 months documented sobriety/sanction free Post Graduation Phase - Report to probation officer in person every 3 months or as directed by probation officer, Submit to urinalysis and/or blood alcohol content tests as directed by probation officer or treatment provider, Attend three closed 12 step- meeting per week and provide written documentation, Provide proof of employment and/or education, Complete DTC exit survey How is the phase in which a participant starts the program determined?* Describe how the above information differs from previous years procedures:* Every participant starts in Phase I. There has been no change in procedure. Case Management Case Management is Assigned provided by:* Case Managers, Co- coordinator, Probation Officers If other, please explain: What is the ratio of participants to the case manager (e.g. 50:1)? Case Manager Ratio:* 45:1 Case Manager Responsibilities:* How are the responsibilities and activities of the case managers) integrated with the activities of the treatment provider(s) and ancillary services provider(s) ? The case manager keeps in constant contact with treatment providers by way of telephone, email and written updates. The partciipants see their case manager/probation officer bi-weekly or weekly as necessitated. This can increase or decrease based on need and what phase they currenly in. The secondary case manager has 20-25 as well as the regular 225 probationers on the caseload. The program coordinator/probation supervisor also will take on a caseload.of DTC as needed. How frequently does the case manager have confacf with the participant? Check all that apply. Contact Frequency:* Biweekly, Bimonthly, Weekly, Monthly if other, please describe: Phase I bi 14 Contacts are: Contact Type:* if other, please describe: Describe how the above information differs from previous years' procedures:* weekly Phase 1! and III Monthly Post Graduation every 3 months Face to Face This procedure has not changed from previous years. Judicial Supervision Status Review Hearings* How frequently does the participant appear before the judge for status review hearings? Drug Therapy Court sessions are scheduled on a bi-weekly basis. Phase i is before the judge bi-weekly, Phase II is monthly and Phase 11 is every 2-3 months until graduation. Status Review Hearing Case Manager, Participants:* Coordinator, Community Advocate, Defense Attorney, Treatment Providers, Peer Support/Mentor If Other, please describe: 42 CFR Part 2 and H1PAA:* What is the program's policy and/or procedure(s) for complying with 42 CFR Part 2 and HiPAA during the status review hearing? The participants sign a release of information specific to the DTC team. All DTC team meetings are closed. When do staffing Immediately meetings occur?* prior to the 15 status review hearing Check all that apply. Who attends the staffing Judges, meetings?* Defense Attorney, Treatment Providers, Case Managers, Coordinator, Peer Support/Mentor If Other, please describe: No Staffing Meeting: If no staffing meeting occurs prior to the status review hearing, explain the reason why. Explain the process for updating the team on each participant's status. Describe how the above information differs from previous years' procedures:* staff meetings were held on a weekly basis until 2012, they are now bi¬ weekly but always before DTC hearings Drug Testing Drug Test Frequency?* How frequently are participants required to submit to alcohol and/or drug testing? it varies per participant based on charge, history, risk factors, drug of abuse and phase placement. If they are on an interlock device in Phase I they test 4x per day with downloads every 10 days, if they get EtGs it is 1-3 times per week, SCRAM 24/7 and Soberiink/ln Horn 4 times a day. If they are drug screened it can be 2-4 times a week depending on drug of choice. As the participants proceed through the phases, testing is reduced. What type of drugs does the drug/DWl court program test for? Check all that apply. Drugs Tested?* Marijuana, Cocaine, Benzodiazepine, Opioids, Amphetamine, Other 16 If Other, please aicohol urine describe tests, EtGs. We have tested in the past for methadone and synthetic marijuana Does your program utilize a testing agency for drug and alcohol testing? Drug Testing Agency:* Yes If yes, list which DOTS, Results, agency(s) are being Onsite andutilized JAMS Does your drug/DWi court program perform alcohol and drug testing? Perform Alcohol and Drug Testing?* if yes, list who performs only agencies the testing: perform the testing except PBTs as needed Who is notified of the test results? How soon is notification made concerning positive test results? Test Result the caseNotification:* manager is notified of test results from 1 to 3 days, depending on the test. Dilute and missed have a 24 hour turn around. If they are interlock,SCRAM, Sober Link or In Horn and have a positive test they know they can then go submit to an EtG. What is the response to a positive alcohol or drug test result? Positive Result It depends on if Response?* it is a first time or not but generally the participant is given increased testing orSCRAM, increased counseling and or support group meeting, community service, sometimes jail - 17 Describe how the above information differs from previous years' procedures:* Incentives List Incentives your program uses List the reason an Incentive is used Who can award an Incentive and when does this happen gift cards - Target, Meijer, gas stations mugs with inspirational sayings,decreased testing and decreased case manager meetings/DTC sessions AA books progression to next Phase orranked as an All Star by DTC team The judge awards incentives at each phase progression at a DTC session as advised by the team. Sanctions List Sanctions your program uses List the reason a Sanction is used Who can administer a Sanction and when does this happen home confinement, SCRAM tether, interlock on vehicle with multiple per day testing, community service, jail, increased testing, increased probation appointments, community service, ATI, termination from program and increased counseling level. positive or missed drug/alcohol test, missed DTC session, new offense, missed DTC appointments, falsified AA, falsified community service, increased drug/alcohol testing and failure to attend AA/counseling/community service The judge administers the sanction during a DTC session. Increased testing can be at the discretion of the case manager is there is no DTC sessionwithin 3 days. Graduation Requirements Graduation Requirements:* Discuss the program's requirements for graduation. The participant must have six months sobriety/sanction free, completed counseling program, minimum 18 months in the program, a criminal history check by way of LEIN is completed and clear, community service completed and verified, fines and costs up to date or paid in full, a drug and aicohol test is submitted, appointment with case manager 1-2 weeks prior to graduation and completed graduation survey. Once graduation occurs:* the participant will be supervised againdepending on if it is a first positive. The Judge does not use the community work program, WWAM, as sanction. 18 on standard probation Describe how the above This information differs from procedure previous years' procedures:* ^as nQ{ changed from previous years. Expulsion Criteria Termination Criteria:* Explain the criteria for terminating a participant from the program. A participant can be discharged unsuccessfully from the program for incuriing new convictions or for a third program violation but is always open for team discussion. Jail is usually imposed but can be anywhere from 1 day to the maximum allowable on the charge. A participant can also request to released from the program. Describe how the above This information differs from procedure previous years' procedures:* ^as not changed from previous years. Sustainabiiity Plan:* Explain the plan for addressing program needs (i.e., treatment resources, team members, clinical and legal criteria, target population, program design, and funding) that are required to sustain the program when/if grant funds are no longer available. The 52/4 DTC is currently funded within the operating budget of the 52/4 District Court. All program requirements including personnel and public defenders are funded in the same manner as any other court operation. The primary DTC probation officer is part time. In addition to DTC she also monitors write-in probation, 2-4 presentence investigations per month and attends violation court hearings (approximately 25 probation violation files), once per month. The secondary officer supervises 19 approximately 225 cases in addition to her intensive DTC caseload of approximately 20-25 participants. The probation supervisor serves at the DTC coordinator and intregrates those two responsiblities. The judge schedules bi¬ monthly review hearings within their normal working day. The public defender presents at the review hearing and is paid from the court's budget. The treatment volunteer and support group member volunteer their time in connection with the DTC team. The repeat offender target population cases are identified by existing resources. Potential DTC cases are flagged by probation officers/investigator within the normal operations of the court. Given SCAO's most recent directive it is unlikely that the court will be able to utiiize any funds from a non-profit organizations. Additionally, given information that we have received from the funding unit it is not iikely the funding unit will be funding any portion of DTC. We have been utilizing existing resources and will in all likelihood have to continue to do so. Describe how the above Previous information differs from we have previous years' procedures:* received donations of gift cards form non-profits as incentives. Evaluation Plan Will your program be conducting a process Yes evaluation?* Will your program be conducting an outcome Yes evaluation?* Describe the evaluation: The team continually strives to make improvements in the program on an ongoing basis. Team meetings are held to discuss current practices and suggestions for improvement. The information learned at the annual MADCP conference is shared with the team during regular team meetings. A recidivism review for all participants discharged from the program since 2001 was conducted in May 2013. Participant surveys are given to all graduates at the time of discharge to monitor effectiveness. How does your program New define recidivism?* Conviction If Other, please describe: What type of charge(s) Any and/or conviction(s) misdemeanor, qualifies as recidivism?* felony If Other, please describe: Drug Court Team Who are the members of the drug/DWI court team?* If Other, piease describe: Judge, Coordinator, Defense Attorney, Parole/Probation Agent, Treatment Provider, Other long time support group attendee Check the mechanisms for communication that are used by the drug/DWI court team members. (Check ail that apply). Phone, Fax, Staffing meeting, E-mail Court Team Communication If Other, piease describe: Describe how the aboveinformation differs from No change from previous years' previous years procedures:* Program Income Will your court program earn program income as 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 $5; participation fees $250, etc.)? 21 Certification Form Authorizing Official By checking the box, I certify that the below referenced person is the Authorizing Official for the court program.* Authorizing Official Name:* Date:* Project Director By checking the box, I certify that the below referenced person is the Project Director for the court program:* Project Director Name:* Date:* Financial Officer By checking the box, 1 certify that the below referenced person is the Financial Officer for the court program:* Financial Officer Name:* Tim Soave Date:* 06/13/2013 Personnel Name Position Computation Request Other Grant Or Funding Sources Local Cash Contribution Local In-Kind Contribution Total Stacey Jansenvanvuren DTC Probation OfficerI 800x19.04 $0.00 $0.00 $0.00 $15,232.00 $15,232.00 Sarah Harmon DTC Probation OfficerII Asst 400x25.65 $0.00 $0.00 $0.00 $10,260.00 $10,260.00 Patricia Bates ProbationSupervisor/DTC iCoordinator 100x33.17 $0.00 $0.00 $0.00 $3,317.00 $3,317.00 iBrenda McGowan jClerical 100x10.84 $0.00 $0.00 $0.00 $1,084.00 $1,084.00 general clerical general clerical 11.0875x520 $5,765.50 $0.00 $0.00 $0.00 $5,765.50 |$5,765.50 $0.00 $0.00 $29,893.00 $35,658.50 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 grant application contains no request for personnel costs. In-kind costs include salary expense associated with the probation officers, clerical staff and Michael J. Gingell 06/13/2013 Yes Patricia Bates 06/13/2013 22 coordinator. AMEND - it is the desire of the DTC to redirect grant funds to a part time genreral clericai position at the rate of $11.0875 per hours and at 10 hours per week for 52 weeks Fringe Benefits Row Percentage Request Other Grant Or Funding Sources Local Cash Contribution Local In-Kind Contribution Total Employer FiCA 8.2%$84.00 $0.00 $0.00 $2,497.25 $2,581.25 Retirement 37.62%$144,00 $0.00 $0.00 $11,460.75 $11,604.75 Hospital Insurance 26.5%$0.00 $0.00 $0.00 $8,074.00 $8,074.00 Dental Insurance 1.76%$0.00 $0.00 $0.00 $534.75 $534.75 Vision Insurance 0.15%$0.00 $0.00 $0.00 $46.75 $46.75 iUnemployment 0.41%$19.00 $0.00 $0.00 $124.00 $143.00 Worker's Compensation 0.29%$78.00 $0.00 $0.00 $87.00 $165.00 Life insurance 0.31%$0.00 $0.00 $0.00 $95.75 j $95.75 Other 1.48%$0.00 $0.00 $0.00 $451.75 $451.75 Other 0%$0.00 $0.00 $0.00 $0.00 j $0.00 Other 0%$0.00 $0.00 $0.00 $0.00 $0.00 Other 0%$0.00 $0.00 $0.00 $0.00 I $0.00 Totals $325.00 $0.00 $0.00 $23,372.00 jS23,697.Q0 Fringe Benefits Justification Fringe Benefits Justification* Justify fringe benefit costs associated with the proposed project. These fringe benefits should tie back to the Budget Request Summary and Budget Detail worksheet The grant application contains no request for personnel costs. In-kind costs include fringe expense associated with the probation officers, clerical staff and coordinator. AMEND - it is the desire of the DTC to redirect grant funds to a part time genreral ciericai position - with PICA {1.45%), Retirement (2.5%), unempioyment (.32%) and Worker's Comp (1.32%) for a total of $325 in fringes 23 Contractual Contractor Computation Services to be Provided Request Other Grant or Funding Source Local Cash Contribution Local In-Kind Contribution Total DOTS/Onsite EtG ($25/test)and drugscreens ($15/test) for participants in financial need or as an incentive $25/test x 10 per month x12 months = $3000 $ 15/test x 11 per month x12 months = $1980 The grant contains contractual funding for drug testing. Testing Is fundamental in ensuring sobriety and remains a problem for DTC participants, many of whom are unemployed or underemployed. The probation offer willidentify which participants who do not have the funding for the ordered testing, with documentation..They will inform the coordinator who will authorize services based on the recommendation. There is not currently a contract fortesting but with awarded funding a bid process would then be initiated with at least four vendors to bid. $4,980.00 $0.00 $0.00 $0.00 $4,980.00 Public Defender $162x24 Public Defendant attendance at eachbi-weekly DTC hearing.$0.00 $0.00 $0.00 $3,888.00 $3,888.00 $4,980.00 $0.00 $0.00 $3,888.00 $8,868.00 Contractual Justification 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. This grant contains contractual funding for drug testing. Testing is essential for monitoring sobriety and funding remains a problem in DTC. Many DTC participants are either unemployed or unemployed. The probation officer will identify which participants who do not have funding for the ordered testing, with documentation. The Coordinator will be informed and then authorize services based on this information. Also included in this section is the in-kind court contribution for the public defender. AMEND - WE WILL BE REDUCING THEAMOUNT FOR TESTING TO $4980 Supplies Item Computation Request Other Grantor Funding Source Local Cash Contributions Local In-Kind Contributions Total 24 incentives (participant incentives and graduation gifts) $5 x 30 =$150 $10 X 30 = 300 $15 X 30 = $450 graduation refreshments 204.50 $257 x 1 = $257 (graduation refreshments) $1,104.50 $0.00 $0.00 $0.00 $1,104.50 $1,104.50 $0.00 $0.00 $0.00 $1,104.50 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. This item includes 200 participant incentives including AA and sobriety written materia! such as Big Books and other motivational materials. Also included in this line item are gift cards. The value of each incentive will not exceed $10. This line itme includes funding for graduation gifts and refereshments as well as birthday and special occasion cards for participants. AMEND - WE WILL BE REDUCINGINCENTIVES AND GRADUATIONREFRESHMENTS TO $1104.50 Trave/ Type of Travel iCom tationExpenses | r Request Other Grantor Funding Source Local Cash Contributions Local In-Kind Contributions Total MADCP conference j3 x $275 $825.00 $0.00 $0.00 $0.00 $825.00 | $825.00 $0.00 $0.00 $0.00 $825.00 Travel Justification Travel Justification* Justify travel costs associated with the proposed project. The costs should tie back to the Budget Request Summary and the Budget Detail worksheet. The travel line item includes funding for three MADCP conference registration fees for DTC teammemebers at a cost of $275 each. Other Sources of Funding 25 Other Sources of Funding* No further sources of funding. Personnel Summary Budget Category Request Other Grant Or Funding Source Local Cash Contributions in-Kind Contributions Total Cost Personnei Total $5,765.50 $0.00 $0.00 $29,893.00 $35,658.50 Fringe Benefits Summary Budget Category Request Other Grant Or Funding Source Local Cash Contributions in-Kind Contributions Total Cost Fringe Benefits Totai $325.00 $0.00 $0.00 ' $23,372.00 $23,697.00 Contractual Summary Budget Category Request Other Grant Or Funding Source Local Cash Contributions In-Kind Contributions Total Cost Contractual Total $4,980.00 $0.00 $0.00 $3,888 00 $8,868.00 Budget Category Request Other Grant Or Funding Source Local Cash Contributions 1in-Kind Contributions jlotal Cost Supplies Total $1,104.50 $0.00 $0.00 $0.00 I S-,104.50 Travel Summary Budget Category Request Other Grant Or Funding Source Local Cash Contributions In-Kind Contributions Total Cost Travel Total $825.00 $0.00 $0.00 $0.00 $825.00 Total Budget Budget Category Request Other Grant Or Funding Source Local Cash Contributions In-Kind j Contributions Totai Cost Total $13,000.00 $0.00 $0.00 $57,153.00 $70,153.00 26 MICHIGAN DRUG COURT GRANT PROGRAM FY 2014 ASSURANCES Applicants must provide assurance that there has been, and will continue to be, appropriate consultation with all affected agencies in planning and implementation of the drug court program. Applicants are required to have a current Memorandum of Understanding with each local prosecuting attorney, a representative of the criminal defense bar, and a representative or representatives of community treatment providers, as well as any other parties considered necessary to successful planning and implementation. Applicants must provide assurancethat all treatment programs and providers used in the drug court program are licensed and/or accredited by appropriate state government or professional agencies. Applicants must provide assurance of the intention of the jurisdiction to continue the program after funding from the Michigan Drug Court Grant Program (MDCGP) has been exhausted. Applicants must provide assurancethat all recipients of funding under this grant program are required to comply with nondiscrimination requirements contained in various federal and state laws. Each applicant court should have a copy of their Equal Employment Opportunity plan on file and available for review by the State Court Administrative Office (SCAO) upon request. Applicants must assure that they and any subgrantees will not use funds from the MDCGP for lobbying and that they will disclose any lobbying activities related to the MDCGP. Recipients of funding under this grant agree that all expenditures, including personnel services, contractual services, and supplies, shall be in accordance with the standard procedures of their court. The grantee's accounting system must maintain a separate fund or account to support expenditures. Recipients of funding agree to maintain accounting records following generally accepted accounting principles forthe expenditure of funds for purposes identified in the budget and any budget amendments. State funds may not be used to replace (supplant) funds that have been appropriated forthe same purpose. Recipients of funding will assure 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 shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent financial transactions, accounting records, or other fiscal records related to this grant. Such records shall be maintained for a period of five years after completion of the grant project or until all SCAO audits are complete for the fiscal period, whichever is later. Recipients shall provide quarterly reports on the funds expended by the drug treatment court in the form required by the SCAO. Applicants agree to collect and provide program and participant data in the form and manner required by the SCAO, and to participate in follow-up and evaluation activities. Applicants receiving awards from SCAO agree to utilize the SCAO Drug Court Case Management Information System (DCCMIS) to manage drug court cases and report all data to SCAO pursuant toMCL 600.1078. Applicants who receive funding from the MDCGP must plan, design, and operate their programs according to one of the following models: Drug Treatment Courts: The Ten Key Components, The Ten Guiding Principles ofDWI Courts, Juvenile Drug Court: Strategies in Practice, or Family Dependency Drug Courts: Addressing Child Abuse and Neglect Cases Using the Drug Court Model. Additionally, applicants agree to follow all applicable state laws, court rules, and administrative orders pertaining to the operation of drug courts and adjudication of related cases. Applicants agree to participate in SCAO required training including the Bureau of Justice Assistance's Drug Court Planning Initiatives (DCPl). Courts that apply to DCPI training, but are not selected, must agree to participate in DCPI training if provided by the SCAO during the funding year. All recipients of funding under this grant program will ensure that violent offenders, as defined in MCL 600.1062(g), will be excluded from the drug court programs. a. "Violent offender" means an individual who meets either of the following criteria: i. Is currently charged with or has pied guilty to, or if a juvenile, is currently alleged to have committed or has admitted responsibility for, an offense involving the death of, or a serious bodily injury to any individual, orthe carrying, possessing, or use of a firearm or other dangerous weapon by that individual, whether or not any of these circumstances are an element of the offense, or is criminal sexual conduct of any degree. ii. Has one or more prior convictions for, or if a juvenile has one or more prior findings of responsibility for, a felony involving the use or attempted use of force against another individual with the intent to cause death or serious bodily harm. Applicants agree that if a federal 501(c)3 exists or is developed for drug court purposes, or if the drug court develops a partnership with an existing 501(c)3, that no employee of the court will be directly involved in the operations of the 501(c)3. The SCAO may suspend funding in whole or in part or terminate funding for the following reasons: a. Failure to comply with the requirements of the grant program, which includes the submission of financial reports, quarterly data reports, the annual DCCMIS User Audit, and biannual progress reports within the required time periods. b. Failure to make satisfactory progress toward the goals or strategies set forth in this application. c. Failure to adhere to the requirements in the grant contract. d. Proposing or implementing substantial program changes to the extent that the application would not have been selected for funding. e. Filing a false certification in this application or other report or document. f. Other good cause shown. The individuals with express authority to act in the name of the applicant in the positions of project director, financial director, and authorizing official should be the grant signatories. The signatures commit the applicant to the terms and conditions of the grant contract and attest to the accuracy of all information the applicant has supplied. The project director is responsible for directing the implementation of the drug court grant project. The financial officer is the individual who is fiscally responsible for this project, and is responsible for accountability for the state grant funds. The authorizing official is the individual authorized by the court to enter into this agreement, The SCAO prohibits the same individual from signing in more than one capacity. Michigan Supreme Court State Court Administrative Office Michigan Hall of Justice P.O.Box 30048 Lansing, Michigan 48909Phone (517) 373-0128 Dawn A. Monk Deputy State Court Administrator September 27,2013 Ms. Alexandra Black 52-1 District Court 48150 Grand River Avenue Novi, MI 48374 Dear Ms, Black: I am providing information about Assurance #3 in the fiscal year 2014 grant application materials. The assurance states that applicants must provide assurance of the intention of the jurisdiction to continue program operations if tunding through the State Court Administrative Office (SCAO) is no longer available, which may include pursuing local, other state, or federal sources of funding. The assurance is also required to apply for and accept federal program fonding for problem- solving court programs. This should not be construed as a mandate for future iunding of a program through your local funding unit. If you have any questions, please contact me by phone at 517-373-6285 or by e-mail at parksj @courts .mi. go v. Sincerely, Jessica Parks Problem-Solving Courts Manager FISCAL NOTE (MISC. #13294) November 13, 2013BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSONIN RE: 52nd DISTRICT COURT/DIVISION IV (TROY) - 2014 MICHIGAN DRUG COURT GRANTPROGRAM - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule Xll-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 52nd District Court, Division IV (Troy) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program in the amount of $13,000 for the period of October 1, 2013 through September 30, 2014. 2. The total program budget is for $70,153 which includes an award from SCAO of $13,000 and General Fund support of $57,153 ($3,888 operating support and $53,265 personnel support). 3. The grant award of $13,000 will be used to fund one (1) special revenue, part-time non- eligible 520 hours per year General Clerical position (3020505-New) as well as funding for drug testing, professional services, incentives and travel. 4. A FY 2014 budget amendment is recommended as follows: Special Revenue Fund 27167 FY 2014Project #GR0000000660 Activity GLB, Analysis Type GLB Revenues 3020505-121050-615571 Grants-State $ 13.000 S 13.000 Expenditures 3020505-121050-702010 Salaries $5,766 3020505-121050-722750 Workers Compensation 78 3020505-121050-722770 Retirement 144 3020505-121050-722790 Social Security 84 3020505-121050-722820 Unemployment Insurance 19 3020505-121050-730548 Drug Testing 4,980 3020505-121050-732018 Travel and Conference 825 3020505-121050-750245 Incentives 1,104$13.000 FINANCE COMMITTEE FINANCE COWIWIITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #13294 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 MCL45.559A (7) Lisa Brown, Oakland County