Loading...
HomeMy WebLinkAboutResolutions - 2013.12.12 - 21136MISCELLANEOUS RESOLUTION #13317 December 12, 2013 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - FY 2014 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Public Services Community Corrections Division applied to the Michigan Department of Corrections (MDOC) for $1,911,028 in grant funds for the period of October 1, 2013, through September 30, 2014; and WHEREAS the MDOC has awarded Oakland County a 2013/2014 Community Corrections grant in the amount of $1,911,028 which is the same as the amount requested in the application; and WHEREAS the MDOC now holds the contracts for all residential services meaning that $210,240 of the $1,911,028 award has been allocated for Residential Services but will not be recorded as income; and WHEREAS the remaining amount of $1,700,788 is the County's responsibility as shown on Schedule A; and WHEREAS the grant funds the following Community Corrections Division positions: ten (10) Community Corrections Specialists II (positions #07425, 07426, 07429, 07432, 07433, 09243, 09247, 09291, 09648, 09649; one (1) PTNE Community Corrections Specialist II (position 09292), one (1) Office Assistant II (position #09295), and one (1) PTNE Community Corrections Specialist] (position #09397); and WHEREAS the grant also funds 50% of the following positions in Community Corrections one (1) Community Corrections Support Specialist (position #07834) and one (1) Supervisor-Community Corrections (position #09396), which are partially GF/GP funded; and WHEREAS the grant funds the following Sheriff's Department positions: three (3) Inmate Caseworkers (positions #07418, 07419, and 07420), one (1) PTNE Office Assistant II (position #07417), and one (1) FTE Inmate Substance Abuse Tech (position #07421); and WHEREAS the grant acceptance requires no additional personnel to fulfill the grant agreement; and WHEREAS there is no County match required with this grant; however, it should be noted that the FY2014 Budget of this grant includes two (2) positions (#1070403-07834 and #1070410-09396) partially General Fund/General Purpose funded in Community Corrections; and WHEREAS the grant agreement has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year 2014 Community Corrections grant from the Michigan Department of Corrections in the amount of $1,911,028. BE IT FURTHER RESOLVED that the County is financially responsible for $1,700,788 and that the State contracts directly for residential services of $210,240. The future level of service, including personnel (except the portion of Pretrial Services currently funded by the General Fund/General Purpose Fund) will be contingent upon the level of funding available from the State. BE IT FURTHER RESOLVED that the following Special Revenue (SR) positions be continued in Community Corrections: #1070402-07425, 07426, 07429, 07432, 07433, & 09247; 1070410-09243, 09291, 09648, 09649, 09292, 09295 & 09396; 1070403-07834; and 1070410-09397. BE IT FURTHER RESOLVED that the following SR positions be continued in the Sheriff's Office: #4030320-07417, 07418, 07419, 07420, and 07421. 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. GRANT REVIEW SIGN OFF — Community Corrections GRANT NAME: FY 2014 Michigan Department of Corrections Comprehensive Corrections Plans FUNDING AGENCY: Michigan Department of Corrections — Office of Community Corrections DEPARTMENT CONTACT PERSON: Barbara Hankey /451-2306 STATUS: Grant Acceptance DATE: November 20, 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 placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (9/25/2013) Department of Human Resources: Approved. — Karen Jones (9/26/2013) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (9/26/2013) Corporation Counsel: There appear to be no unresolved legal issues that require action at this time so long as the changes that were requested by corporation counsel and agreed to by the State are incorporated into the grant agreement. — Carmen Lyon (11/20/2013) COMPLIANCE The grant agreement references a number of specific federal and/or state regulations. Below is a list of these specifically cited compliance related documents for this grant. Community Corrections Act (Act 511 of 1988) http://www.legislature.mi.gov/(S(iiyel f3a4amtaliwqvnpge55))/mileg.aspx?page=GetObject&objectname=mcl-Act- 511-of-1988 Federal Office of Management and Budget (OMB) Circular No. A-133 btto://www.whitehouse.gov/o mb/circul ars/a 1 331a1 33.html Elliott Larsen Civil Rights Act (Act 453 of 1976) http://michigan.gov/documents/act 453 elliott larsen 8772 7.pdf Persons with Disabilities Civil Rights Act (Act 220 of 1976) http://www.legisi ature.m ov/(S(3 db4si 45zq gw2bb imfs2xi55))/rn ileg.aspx7page=getobi ect&obi ectrtam e—tn 220-of-I 976 State Contracts with Certain Employers Prohibited (Act 278 of 1978) http://www.legisiature.mi.ov/(S(xaxnj w45bikxnsvgwnfsnx55))/mileg.asox?page=GetObject&obiectname=mcl- Act-278-of-I 980 31 USC Section 1352 http://uscode.house.gov/uscode- cgi/fastweb.exe?getdoc-I-uscview+t29t32+1840+0+F%2731%2OUSC%20Sec.%201352%27 From: To: Cc: Subject: Date: VanPelt, Laurie "West, Catherine"; "3ulle Secontine"; "Karen Jones"; "Pat Davis" "1-lankey. Barb"; elarablykftoakoov.corn RE: GRANT REVIEW: Community Corrections - FY14 Comprehensive Community Corrections Plan - Grant Acceptance Wednesday, September 25, 2013 4:07:30 PM Approved. From West, Catherine imairtomestca@oakgov.comi Sent: Wednesday, September 25, 2013 3:29 PM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: Hankey, Barb; eigrablyk@oakgov.com Subject: GRANT REVIEW: Community Corrections - FY14 Comprehensive Community Corrections Plan - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt—Karen Jones —Julie Secontine— Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Community Corrections FY14 Comprehensive Community Corrections Plan Michigan Department of Corrections - Office of Community Corrections Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to ail) of this email. Time Frame for Returned Comments: Oct. 2, 2013 GRANT INFORMATION Date: September 25, 2013 Operating Department: Community Corrections Department Contact: Barbara Hankey Contact Phone: (248) 451-2306 Document Identification Number: CPS-2014-1-63 REVIEW STATUS: Acceptance Resolution Required Funding Period: October 1, 2013 through September 30, 2014 New Facility/Additional Office Space Needs: no IT Resources (New Computer Hardware / Software Needs or Purchases): no M/WBE Requirements: no Signature ri-Ann Sherry Name STATE OF MICHIGAN DEPARTMENT OF CORRECTIONS OFFICE OF PAROLE AND PROBATION SERVICES COMMUNITY ALTERNATIVES P.O. BOX 30003 LANSING, MICHIGAN 48909 . GRANT NO. CPS-2014-I-63 between THE DEPARTMENT OF CORRECTIONS and GRANTEE NAME AND ADDRESS: Oakland County 250 Elizabeth Lake Rd. Ste. 1520 Pontiac, MI 48341 . GRANTEE CONTACT: Barb Hankey GRANTEE TELEPHONE: (517) 373-0415 GRANTEE FAX: (517) 373-9545 STATE-MDOC CONTACT: Linsey LaMontagne DESCRIPTION OF GRANT: Community Corrections — Provide program services that shall enhance jail utilization, reduce the prison commitment rate, and impact recidivism. GRANT PERIOD 1 Year FROM: TO: October 1, 2013 ' September 30, 2014 TERMS Net MISCELLANEOUS INFORMATION: In the event of any conflicts between the specifications, terms and conditions indicated by the State-MDOC and those indicated by the Grantee, those of the State-MDOC take precedence. The signatories warrant that they are empowered to enter into this Grant and agree to be bound by it. TOTAL AUTHORIZED BUDGET: $1,911,028.00 State Contribution: Comprehensive Plans and Services $1,457,440.00 Drunk Driver Jail Reduction Community Treatment $453,588.00 - FOR THE GRANTEE: Firm Name Authorized Agent Signature Authorized Agent (Print or Type) Date FOR nit. STATE: Deputy Director Title t4' Date 1 PART I — PROGRAM REQUIREMENTS 1.0 Statement of Purpose Funds provided through this Grant are intended for providing services pursuant to Public Act 511 of 1988; and are based upon a local Comprehensive Corrections Plan that has been developed that outlines local goals, objectives, and priorities to decrease prison admissions and increase utilization of commnrity-based sanctions and services for non-violent offenders, improve jail. utiii7ation; and the Michigan Department of Corrections (State-MDOC) has approved the Comprehensive Corrections Plan and the award of Community Corrections funds for continued implementation of the plan; this Grant defmes the roles and responsibilities of the Grantee and the State-MDOC and the ternas and conditions whichapply during the term of this Grant 1.1 Statement of Work The Grantee agrees to undertake, perform, and complete the following: The Grantee shall implement policies and procedures and deliver services to eli gible offenders in accord with the goals and objectives, standards and policies as set forth in Public Act 511 of 1988, the provisions of the State Appropriations Act, the Grantee's Comprehensive Corrections Plan and the Proposal for Community Corrections Funds (Attachment A) as approved by the State-MD OC. 1.2 Staffing Requirements Sex Offender Treatment Limitations - Victim Contact: The Grantee shall not encourage, initiate, or facilitate any written, verbal, or personal contact between offenders and victims for the purpose of providing any of the services specified in this Grant. Such contact is normally prohibited as a condition of parole or probation, and is expreSsly prohibited under the terms of this Grant, unless ordered by the court. Staffing Standards — Criminal Record: The Grantee shall only appoint employees if they do not have pending criminal prosecution, are not under the supervision of a criminal justice agency for a felony or misdemeanor, and. do not have any prior felony or misdemeanor convictions without prior written approval from the Grantee before performing any services under this Grant. Staff will be denied who have active warrants, are under criminal justice supervision, have been discharged from a felony sentence wifhin the last two years or are required to register as a sex offender. Felony offenders shall not be approved until they have been discharged from all sentences, including parole and probation supervision terms, for a minimum period of two years unless approved by the STATE. After each staff member has been approved or denied, the Contract Compliance Inspector shall forward the decision to the Grantee_ The Grantee shall document that no staff members assigned to the grant are related as an immediate family member to an offender being treated at their facility or at the institution to which they have been assigned by the Grantee_ This includes: spouse, parent, grandparent, mother-in-law, father-in-law, child, stepchild, stepbrother, stepsister, brother-in-law, sister-in- law, or other relation S by Wood or marriage. 2 Licensing: The Grantee shall ensure employees that provide substance abuse and mental health services are qualified and experienced in the contracted area of counseling as follows: Master's Degree or above and one year of experience in the contacted treatment area. Possession of a professional license or certification in substance abuse and or mental health as appropriate. OR Bachelor's Degree or above and three years of experience in the contracted treatment area. Possession of a professional license or certification in substance abuse and or mental health as appropriate. OR Other combinations of education and experience and Certification in Substance Abuse the State- MDOC considers adequate to perform the necessary tasks effectively and efficiently and which have been specifically approved by the State-MDOC. Such approval may be limited or provisional as to time or scope of practice. Other combinations of education and experience the State-MDOC considers adequate to perform the necessary task effectively and efficiently and which have been specifically approved by the State-MDOC. 1.3 Budget and Financial Reporting A. The Grantee agrees that all funds shown in the budget are to be spent as detailed in the budget and in accordance to the approved Grantee's Comprehensive Corrections Plan and the Proposal for Community Corrections Funds. B. Changes in the budget require approval of the State-MDOC. C. This Grant des not commit the State of Michigan (State) or the State-MDOC to approve requests for additional funds at any time. D. Travel reimbursement shall be allowed solely in compliance with the State of Michigan' standardized travel regulations. Travel rates authorized by the State may be found at www.michigan.govidmb. Reimbursement of Out-of-State travel costs requires pre- approval of the State-MDOC. 1.4 Payment Schedule Payments to the Grantee shall be made in accord with the following terms: A. The State-1VLDOC shall reimburse the Grantee for actual and incurred costs to support approved program and administrative activity. B. Payments are conditional upon the Grantee's submittal of all requiied monthly expenditure and program data, the midyear and year-end reports, and responses to financial audits. All reports shall be completed in the format provided by the State- MDOC. 3 C. All programs shall maintain 80% of the projected enrollment comprised of offenders from the primary target group or reimbursement for those programs may be prorated. Budgets may be adjusted accordingly to programs that fail to achieve 80% of expected utilization at midyear. D. Administrative costs shall not exceed 30% of the total costs submitted for reimbursement Reimbursement of all costs may be adjusted accordingly for administrative costs that exceed 30% of the total costs submitted for reimbursement. 1.5 Program Eligibility The Grantee shall ensure that offenders enrolled within community corrections programs funded through Comprehensive Plans and Services meet the eligibility requirements approved within the Comprehensive Community Corrections Plan. The Grantee shall ensure that offenders enrolled witbii programs funded through Drunk Driver Jail Reduction meet the following eligibility requirements: As used in this section, "felony drunk driver" means a felon convicted of operating a motor vehicle under the influence of intoxicating liquor or a controlled substance, or both, third or subsequent offense, under section 625(9)(c) of the Michigan Vehicle Code, 1949 PA 300, MCL 257.625, or its predecessor statute, punishable as a felony. A. Convicted felony drunk driver offenders that are intermediate or straddle cell offenders with a sentencing guideline of a maximum of 18 months and the prior record variable is less than 35 points. B. Are alcohol dependent or abusing. C. Have not caused serious injury in an alcohol or drug related crash. D. Do not have a violent felony conviction in the past ten years. E. Do not have more than one violent misdemeanor conviction in the past ten years. 1.6 Monitoring and Reporting Program Performance A. Monitoring: Data Program Participation and Offender Profile Data must be maintained -within the data management system approved by the State-MDOC and remain current throughout the term of the Grant. If applicable, the Grantee must upload P11 program participation and offender profile data to the data management system approved by the State-MDOC no later than the 15 th day of each month. The Grantee shall enter program participation and offender profile data throng)lout the term of this Grant. Data and information are to be submitted in a format provided by the State-MDOC that at a MitliMulla includes: 1. Data pertaining to offender participation in all programs. 2. Selected characteristics of offenders determined eligible for and enrolled in progams 4 B. Program Performance: The Grantee shall conduct a formal on-site assessment of each sub Grantee's program operations and fiscal administration. All on-site assessments completed by the Grantee shall be-forwarded to the State-MDOC. At a minimum, the assessment should include: 1. Compliance with Grant specifications. 2. Compliance with applicable licensure requirements. Compliance with pertinent Federal and State statutes. 4. Progress in resolving corrective actions required by prior assessments. C. Midyear and Year-End Reports: 1. A midyear report shall be submitted by March 15 th each year of the Grant. The report is to be submitted on forms or in a format provided by the State-MDOC. 2. A year-end report, as prescribed by the State-MDOC, shall be submitted by October 31' each year of the current Grant. The report is to be submitted on forms or in a format provided by the State-MDOC. D. CCAB Meeting Minutes: The Grantee shall provide the State-MDOC with copies of local CCAB meeting minutes within 30 days of being approved by the local CCAB Board. 5 PART U - GENERAL PROVISIONS 2.1 Project Changes The Grantee must obtain prior written approval for major project changes from the Grant Administrator 2.2 Record Retention The Grantee shall retain all financial records, supporting documents, statistical records, and all other pertinent records for a period of seven years or greater as provided by law following the creation of the records or documents. 2.3 Project Income To the extent that it can be determined that interest was earned on advances of funds, such interest shall be remitted to the State-MDOC. All other program income shall either be added to the project budget and used to further eligible program objectives or deducted from the total program budget for the purpose of determining the amount of reimbursable costs. The fmal determination shall be made by the Grant Administrator. 2.4 Purchase of Equipment The purchase of equipment not specifically listed in the Budget must have prior written approval of the Grant Administrator. Equipment is defined as non-expendable personal property having a useful life of more than one year. Such equipment shall be retained by the Grantee unless otherwise specified at the time of approval. 2.5 Accounting The Grantee shall adhere to the Generally Accepted Accounting Principles and shall maintain records which will allow, at a minimum, for the comparison of actual outlays with budgeted amounts. The Grantee's overall financial management system must ensure effective control over and accountability for all funds received. Accounting records must be supported by source documentation including, but not limited to, balance sheets, general ledgers, timesheets and invoices. The expenditure of State funds shall be reported by line item and compared to the budget. Funds provided under this Grant shall be maintained or accounted for within a Special - Revenue Fund. 2.6 Audit The Grantee agrees th,at the State-MDOC may, upon 24-hour, notice, perform an audit and/or monitoring review at Grantee's location(s) to determine if the Grantee is complying with the requirements of the Grant. The Grantee agrees to cooperate with the State-A/JDOC during the audit and/or monitoring review and produce all records and documentation that verifies compliance with the Grant requirements. The State-MDOC may require the completion of an audit before final payment 6 If the Grantee is a governmental or non-profit organization, then Grantee is required to submit a single audit report to all agencies that provided Federal funds to the entity during the fiscal year being audited. If the Grantee is a commercial or for profit organization which is a recipient of Workforce Investment Act Title I funds and expends more than the minimum level specified in Office of Management and Budget (OMB) Circular A-133 ($500,000.00 as of June 27, 2003), then the Grantee must have either an organization-wide audit conducted in accordance with A-133 or a program-specific financial and compliance audit conducted. Section .320(a) of OMB Circular A-133 states the Single Audit report must be submitted to the State-NEDOC within 30 days after the completion of the audit, but no later than nine months after the end of the Grantee's fiscal year. 2.7 Competitive Bidding The Grantee agrees that all procurement transactions involving the use of State funds shall be conducted in a manner that provides maximum open and free competition. When competitive selection is not feasible or practical, the Grantee agrees to obtain the written approval of the Grant Administrator before making a sole source selection. Sole source contracts should be negotiated to the extent that such negotiation is possible. 2.8 Liability The State-NIDOC is not liable for any costs incurred by the Grantee before the start date or after the end date of this Grant. Liability of the State-MDOC is limited to the terms and conditions of this Grant and the grant amount. 2.9 Intellectual Property Unless otherwise required by law, all intellectual property developed using funds from this Grant, including copyright, patent, trademark and trade secret, shall belong to the Grantee. 3.0 Safety The Grantee, all Contractors, and subcontractors are responsible for insuring that all precautions are exercised at all times for the protection of persons and property. Safety provisions of all applicable laws and building and construction codes shall be observed. The Grantee, contractors, and every subcontractor are responsible for compliance with all Federal, State and local laws and regulations in any manner affecting the work or performance of this Grant and shall at all times carefully observe and comply with all rules, ordinances, and regulations. The Grantee, all contractors and subcontractors shall secure all necessary certificates and permits from municipal or other public authorities as may be required in connection with the perfounance of this Grant. 3.1 Indemnification Deleted — Not Applicable 7 3.2 Cancellation The State may terminate this Grant without further liability or penalty to the State, its departments, divisions, agencies, offices, commissions, officers, agents and employees for any of the following reasons: (a) Termination for Cause In the event that the Grantee breaches any of its material duties or obligations under this Grant or poses a serious and imminent threat to the health and safety of any person, or the imminent loss, damage or destruction of any real or tangible personal property, the State may terminate this Grant immediately in whole or in part for cause, as of the date specified in the notice of termination. (b) Termination for Convenience The State may terminate this Grant for its convenience, in whole or part, if the State determines that such a termination is in the State's best interest. Reasons for such termination shall be left to the sole discretion of the State and may include, but not necessarily be limited to (a) the State no longer needs the services or products specified in the Grant, (b) relocation of office, program changes, changes in laws, rules, or regulations make implementation of the services no longer practical or feasible. The State may terminate this Grant for its convenience, in whole or in part, by giving Grantee written notice at least thirty days prior to the date of termination. If the State chooses to terminate this Grant in part, the budget shall be equitably adjusted to reflect those reductions. (c) Non-Appropriation The Grantee acknowledges that continuation of this Grant is subject to appropriation or availability of funds for this Grant. If funds to enable the State to effect continued payment under this Grant are not appropriated or otherwise made available (including the Federal government suspending or halting the program or issuing directives preventing the State from continuing the program), the State shall have the right to terminate this Grant, in whole or in part, at the end of the last period for which funds have been appropriated or otherwise made available by giving written notice of termination to the Grantee. The State shall give the Grantee at least thirty days advance written notice of termination for non-appropriation or unavailability (or such time as is available if the State receives notice of the final decision less than thirty days before the funding cutoff). In the event of a termination under this section, the Grantee shall, unless otherwise directed by the State in writing, immediately take all reasonable steps to terminate its operations and to avoid and/or minimize further expenditures under the Grant. (d) Criminal Conviction The State may terminate this Grant immediately and without further liability or penalty in the event Grantee, an officer of Grantee, or an owner of a 25% or greater share of Grantee is convicted of a criminal offense incident to the application for, or performance of, a State, public or private contract or subcontract or grant; convicted of a criminal offense, including any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which in the sole discretion of the State reflects upon Grantee's business integrity. 8 (e) Approvals Rescinded The State may terminate this Grant without further liability or penalty in the event any final administrative or judicial decision or adjudication disapproves a previously approved request for purchase of personal services pursuant to Constitution 1963, Article 11, § 5, and Civil Service Rule 7-1. Termination may be in whole or in part and may be immediate as of the date of the written notice to Grantee or may be effective as of the date stated in such written notice. 3.3 No State Employees or Legislators No member of the Legislature or Judiciary of the State of Michigan or any individual employed by the State shall be permitted to receive benefits as a Grantee or as a subcontractor of this Grant. This section, however, does not preclude a member of the Legislature or Judiciary of the State of Michigan or an individual employed by the State from participating as an eligible offender in accord with the goals and objectives of the Grant. 3.4 Non-Discrimination In the performance of the Grant, the Grantee agrees not to discriminate against any employee or applicant for employment, with respect to his or her hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability. Grantee further agrees that every subcontract entered into for the performance of this Grant will contain a provision requiring non-discrimination in employment, as here specified, binding upon each subcontractor. This covenant is required pursuant to the Elliott Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq. and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and any breach of this provision may be regarded as a material breach of the Grant. 3.5 Unfair Labor Practices Pursuant to 1980 PA 278, MCL 423.231, et seq., the State shall not award a grant or subcontract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled pursuant to Section 2 of the Act. This information is compiled by the United States National Labor Relations Board. A Grantee, in relation to the Grant, shall not enter into a contract with a subcontractor, manufacturer, or supplier whose name appears in this register. Pursuant to section 4 of 1980 PA 278, MCL 423.324, the State may void any Grant if, subsequent to award of the Grant, the name of the State-MDOC as an employer or the name of the subcontractor, manufacturer or supplier of the State-MDOC appears in the register. 3.6 Certification Regarding Debarment The Grantee certifies, by signature to this Grant, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Grant by any Federal or State department or agency. If the Grantee is unable to certify to any portion of this statement, the Grantee shall attach an explanation to this Grant. 3.7 Illegal Influence (a) The Grantee certifies, to the best of his or her knowledge and belief that: 9 (1) No Federal appropriated funds have been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contact, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any , agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Grant, the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Grantee shall require that the language of this certification be included in the award documents for all grants or subcontracts and that all subrecipients shall certify and disclose accordingly_ The State has relied upon this certification as a material representation. Submission of this certification is a prerequisite for entering into this Grant imposed by 31 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than. $100,000.00 for each such failure. , (b) The Grantee certifies, to the best of his or her knowledge and belief that no State funds have been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any State agency, a member of the Legislature, or an employee of a member of the Legislature in connection with the awarding of any State contract, the maldng of any State grant, the making of any State loan, the entering into of any cooperative zreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan or cooperative agreement. 3.8 Governing Law The Grant shall in all respects be governed by, and construed in accordance with, the substantive laws of the State of Michigan without regard to any Michigan choice of law rules that would apply the substantive law of any other jurisdiction to the extent not inconsistent with, or pre- empted by Federal law. 3.9 ' Compliance with Laws The Grantee shall comply with all applicable State, Federal, and local laws and ordinances ("applicable laws") in performing this Grant. 4.0 Jurisdiction Any dispute arising from the Grant shall be resolved in the State of Michigan. With respect to any claim between the parties, the Grantee consents to venue in Ingham County, Michigan, and irrevocably waives any objections it may have to such jurisdiction on the grounds of lack of personal jurisdiction of such court or the laying of venue of such court or on the basis of forum non conveniens or otherwise. The Grantee agrees to appoint agents in the State of Michigan to receive service of process. 10 4.1 Assignment The Grantee shall not have the right to assign the Grant, or to assign or delegate any of its duties or obligations under the Grant, to any other party (whether by operation of law or otherwise), without the prior written consent of the State-MDOC. Any purported assignment in violation of this section shall be null and void. 4.2 Entire Grant The Grant, including any attachments, constitutes the entire Grant between the parties with respect to the Grant and supersedes all prior agreements, whether written or oral, with respect to such subject matter. 4.3 Independent Grantee Relationship The relationship between the State and Grantee is that of client and independent Grantee. No agent, employee, or servant of Grantee or any of its subcontractors shall be or shall be deemed to be an employee, agent or servant of the State for any reason. The Grantee will be responsible for its acts and the acts of its agents and employees. The Grantee will ensure performance of work assigned to subcontractors; this assurance is not to be construed as indemnification. 4.4 Conflicts In the event of a conflict between the terms of this Grant and any Federal or State laws or regulations, the Federal or State laws or regulations will supersede any contrary term contained in this Grant. 11 Michigan Department of Corrections Office of Community Corrections CEJ-269 06/2011 PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS - FY 2014 ICCAI5:1:Itnb.Mi.qikAWIL: Oakland Ct lEit atitkri::,I.3A.4:iant'.3;:i Barbara M. Hankey C ' '8X)-ia103,tia;"•i:411;1410 Honorable Phyllis McMillen 'Me-Mheri-;COVtitleyl.:CitieSi. ?; Oakland County May 23, 2013 ;L.IDCGr-ariC:C661',C.Iiiia't40:4Z7,. Linsey La M o ntagn e '.1i1 13 Community Corrections Comprehensive Plans and Services ApplicatiobType 1 1E1 Drunk D river Jail Reduction & Community Treatment El Residential Services jStke;B6&...aiReiViOi:H. — it,r5.:•:z August 15, 2013 Group 1 Offenses: Homicide, Robbery, CSC, Assault, Arson, Other Sex Offenses, Assaultive Other, Bur glary and Weapons. Group 2 Offenses: Larcen y, Fraud, Forgery/embezzle, Motor Vehicle, Malicious Destruction, Drugs, DUIL3rd Offenses, and Other Non-Assaultive Offenses. ..E.EL0N.Jr.MPosrrioN;ANALyp!:0012O/VIInAPAT Priligl'kjaaga,,,:gi:44,RaiStgalattilikSV 20 .. Drogi.rbi:4Teigt Or ".4 rr'.'i.,:g "0'7;6 .".:.,:::,31 % '.... fiRiaM.7eR, " WORMIS i-State.';',, PC' Arei-a11:1.Kk,;;Iil 18.7% - 1,028 prison dispositions out of 5,.500 dispositions Group .1: 31.4% - 549 prison dispositions out of 1,748 dispositions Group 2: 12.8% - 479 prison dispositions out of 3,752 dispositions r; iiddleiRCRiV'fi 28.1% -438 prison dispositions out of 1,560 dispositions Group .1:. 24.8% - 117 prison dispositions out of 471 dispositions . _Group 2: 29.5% -321 prison dispositions out of 1,089 dispositions Not Available :Ohê 0 Ul L 3 Straddle Cali: 25.3%-97 out of 383 dispositions iSdriiing:TO ...a-d taian'd iiaves "O. j ,1 ,I .,.,. r.g.'A f LI Total felony dispositions increased from 5,351 in FY 2011 to 5500 dispositions in FY 2012. Prison dispositions increased slightly from 957 to 1,028, and the overall prison commitment rate (PCR) increased slightly from 17,.9% in FY 2011 to 18.7% in FY 2012. The PCR remains below the State PCR of 20.7%. The straddle cell PCR also increased slightly from 26.5% in FY 2011 (389 prison dispositions) to 28.1% in FY 2012 (438 prison dispositions). The overall straddle cell PCR remains well below the State straddle cell PCR of 31.9%. It is noted that of the 321 Group 2 straddle cell prison dispositions, 133 )46 were not under MDOC supervision at the time of offense. The County's objectives are to 1. Maintain the overall PCRs at or below the State averages 2. Reduce the PCR of Group 2 straddle cell offenders not under M DOC at the time of offense 3. Maintain or reduce the 17.8% PCR of the SGL N/A category 4. Maintain the OUR. 3'd PCR to no more than 20% Page 1 of 5 Michigan Department of Corrections Office of Community Corrections CFJ-259 06/2011 PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS - FY 2014 ,..1A1C,AN4LYSIVREMARS:i ONMINSIM, agNijaigOVORVEMEOPIWAV:;0,6WMAIPAbgiApirf 130HliiieRM: The County does not accept boarders. : OW,OrnagfrigiSig FY 2012 CRP: $2455,975 .10Mai; i „... ' etiVif il No bed reductions Summary :.: , The County reports they continue to experience problems importing data into the PIS system. The atalan information provided is local data gathered from the jail management system and the data 0'.Ioje'pv,e warehouse. The jail has a rated design capacity (RDC) of 1,497 and operates at an average daily population (ADP) - ii1, of 95.7%. The un-sentenced population is estimated to be 48% and the sentenced population is at 52%. It is noted that this is the highest pretrial population that the County has experienced in the ''' last several years. The County will address the increase within the pretrial population with continued use of the pretrial assessment tool and pretrial services. ) Jail objectives include the following: 1. Maintain or reduce the current un-sentenced felony population with the use of the pretrial assessment and differential supervision options -,,- 2. Reduce the number of emergency releases required on a daily basis 3. Reduce the number of Group 2 felons and Technical Probation Violators receiving jail (! sentences The County is currently revising the bond recommendations within the local pretrial assessment tool. Current recommendations include a cash bond option, this will be removed to allow low risk offenders the opportunity to gain release without compromising public safety. .:J)31$10AtED*1.A.- ,41:1:0$TAN,D0;04$,VAS5g50101WWirgitATIVIAMPIVS,PARMARIWATIMPagg Summary of the proposed use of COMPAS risk/need assessment for program targeting or eligibility: COMPAS is utilized pre-sentence and post-sentence for felons and misdemeanants. It is primarily used for case planning or program placement for participants within the Step Forward program. Summary of the proposed use of the FOA risk assessment: N/A Summary of the proposed use of substance abuse, mental health, or other assessments: The County utilizes a pretrial risk assessment tool for all pretrial offenders. Mental health assessments and substance abuse assessments are used to determine eligibility and level of care. Page 2 of 5 Michigan Department of Corrections Office of Community Corrections CFJ-259 06/2011 PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS — FY 2014 1, OFFICE OF COMMUNITY CORRECTIONS ASSESSMENT 'fZ:7;:.f,,=7*,...V'.....::: 6:0.01iiii .:-. iiii0di:bii.ST.laiif,400#40101§Mattlan.tUnNinal:!*100-411101Siiit.'..4r,:i4=Z03n'. The Oakland County plan proposes a continuation of programs from previous years. The overall prison commitment rates appear to be impacted by the County's strategic plan of targeting probation violators and probationers convicted of Group 2 offenses. The comprehensive plan includes pretrial services, including assessment and monitoring, to address jail operations. The plan also includes a variety of assessment tools and appropriate interventions to address the identified needs of the offenders. These interventions include the Step Forward wrap around case management program, cognitive behavioral groups, and specialized interventions for OWL 3rd and dually diagnosed offenders. '.febk13.i1.gR666411.ii6ilifiti8iiWiN?iPa',.2.;:j,..64g:&A4Alli,:.tifigq!.0gg'i5j4PKiOitffnagitEVIAta:ggigilV.F.G It is recommended that State Board continue supporting Oakland County's plan to reduce the prison commitment rate and improve jail utilization. Continued assessments, alternative sentencing options, and pretrial services are central in the success of the local Community Corrections Comprehensive Plan. :':j,..,0.M.VC-ggtaiiitatttialianditiOntS)V:Vagai:05,.:.,iailia:MIM:t14F!:::T.P0:00:14.414gik;0;Mt -rigargi:P 4:V:.:i':.;.;:-:1 None tAgnitedCaiiiiietlial:04641ii.61SMagt:1;:::::W:."!:V.0-a3PR:6 1d;'1:140,[0,it[101M:Ata,iigigaiNlgigifi:W[il,..:!.': 1. Reduce the PCR of Group 2 straddle cell offenders not under MDOC supervision at the time of offense. 2. Reduce the un-sentenced jail population through the use of the Pretrial Services Praxis and differential supervision options. II. TECHNICAL ASSISTANCE PLAN A. A. CCAB is encouraged to request technical assistance, as deemed necessary. Page 3 of 5 Michigan Department of Corrections Office of Community Corrections CFJ-259 06/2011 PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS - FY 2014 III. P12014 PROPOSED COMMUNITY CORRECTIONS PROGRAMS çclscöde -1,!Pr:ogrMil:5g .? VI ki 'as' :[ — 1-' ta '.. -,L.— m ping 'illiglEa fititE:k 4lakJr1=; lx-)Enl' .5,AVIC1 .P:„=ItifUjiS; :n;$10L tO..161j ;..4 . IA qilijit' :A ,: ,4,,,,• liwr "I: 1, .1 , "? + 'f '1 )"1 .' ., e; 7,1. I; ' ' ' •A 0 ii 4' j 4 0. V 14 1 mma I; ,4 .., :IA S .1 , .qt :. ,i' 1 l. 'S. ? . ii, '7r7 r,, , – 1 .'?, 1 h. • " 1 i 4 i .40 '.? ; ,tu. lu. 1 = 131 'CC = . ... .. CO1 Cognitive Programming Continuation Th inking Matters- Jail 372 218* Yes Targets incarcerated non-assaultive, felony, straddle cell offenders with a PRV of less than 35 points. COMPAS is used to determine eligibility. The program utilizes the Thinking Matters curriculum. . Yes' . • CO1 Cognitive Programming Continuation Thinking Matters- Community 400 218* Yes Targets offenders who are in the Step Forward program and who may benefit from cognitive programming. The CO MPAS assessment is used to determine program eligibility. The Thinking Matters curriculum is utilized. Yes • ' .. . D08 Electronic Monitoring Continuation retral Pi Electronic Monitoring 350 *1 Yes Targets pretrial defendants requiring more intensive supervision. The Praxis is used to determine risk level. Variety of electronic monitoring equipment is used, in addition to drug testing. . , • Yes F22 Pretrial Assessment Continuation Pretrial Assessment 8670 5 , 242* Yes Pretrial Assessment. All in-custody misdemeanants and felons awaiting arraignment. The Praxis risk assessment tool, developed by Luminosity, is used. Yes F23 Pretrial Supervision Modification Pretrial Services 2333 1 274* , Yes The Praxis used to determine levels of supervision that include telephone reporting, Offender Link, and field contacts. The program also provides drug/alcohol testing. . 'Yes • . GOD Other Group New Youthful Offender Group 100 N/A Yes The program targets Step Forward clients who are at risk of a violation. Participants must be male, age 17-26, and have a COMPAS recidivism score of five (5) or above. The program utilizes the Strategies forSelf-Improvement and Change curriculum_ ''. Yes • 122 Assessment Continuation Step orwar F Intake d 1100 624* N/A Targets high risk felons and misdemeanants with substance abuse issues, co-occurring disorders, or who are at a high risk of re-offending. COMPAS and NEEDS assessments are used. . . Yes 122 Assessment Continuation Assessments Drunk Driver, Delayed Sentence 125 624* N/A Targets incarcerated OUIL 3 rd offenders. COMPAS and NEEDS assessments will be used to determine the offender's needs and program eligibility. Yes 122 Assessment Continuation Step Forward Mental Health 190 624* N/A Targets step Forward Clients who exhibit mental health issues and high risk felons or misdemeanants. COMPAS scores and LOCUS instrument determines eligibility for Oakland County Community Mental Health Authority services, and level of treatment in the Step Forward Program. '!'' • .: •• ?:Yes:' :.. ' ,-,..,•.,,7::;, . Page 4 of 5 Michigan Department of Corrections Office of Community Corrections CFJ-259 06/2011 PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS — FY 2014 M ; - 0- , .,16- :;:,- m ri I.L1,1-2,h- CU.' .1 litdrelfe . '7,. 1 ," .2:„.,,, 'F.litnlig4 ;:y.R.J.•ii a, 4 ' i:I L I ,J 1 'f Summa , irg , d ..,,:il . ! t , ..- . 1 . .L.:; ;= 6i.,.c.,,,, Tu .,7 ? 124 Community Based Case Management Continuation Step F orward 1100 512* Yes Targets high risk felons and misdemeanants with substance abuse or co-occurring disorders. COMPAS and bio-psychosocial assessments required to determine level of treatment. Case manager creates COM PAS treatment plans and monitors offenders a minimum of lx! month depending on needs. Monitoring includes drug testing, monthly appointments and program compliance. Yes 125 Gatekeeper Continuation Central Intake & Assessment 1100 ** N/A The Gatekeeper screens inmates to determine program eligibility in both PA. 511 and non PA. 511 programs. Yes H20-01 Continuation 5-Day Housing 308 N/A N/A Five (5) day jail reimbursement for OWL 3 rd offenders. Yes *Program Utilzation reported as of June 1,2013. It is noted that the utilization within the CO1 and 122 programs is a combination of all those with the same CM' code. **Data was not available within the CCI5 report. Page 5 of 5 MICHIGAN DEPARTMENT OF CORRECTIONS OFFICE OF COMMUNITY CORRECTIONS FY 2014 FUNDING PROPOSAL for OAKLAND COUNTY Comprehensive Plans & Services . • • • Program .' Pinrain Code : Funding Request • : . Approved • . . • [RserVed'Funding : Total Funding ' ' . ' : : • Recommendation Community Service ' ' Placement' : : : A19 - - •: Work Crew- inmate : . A25 - - :Work Crew.- Community A26 . _ .. Sub:FOtaf . .• - - - - Group-Based Programs : : Education . ', .. ' BOO - Employment • 1315 - Life Skills • :, /315 - • CO1 •.. cognitive: ' 381,139 381,139 381439 Domestic Violence :, COS. - - Sox Oftendei: ' ' COG • .• - - • Substance Ainiie ;„ GIB ' _ - Other Group Services .000 25,500 25,500 25,500 Sub-Total' P , ; 406,639 406,639 406,639 Supervision :Programs .. Day Reporting ; • DO4 - _. . Intensive SLiPqrVision.,,: 023 Electronit Monitoring 068 58,707 58,707 58,707 Pretrial Supervision : . ,F23 . 144,799 144,799 144,799 Sub-Total ' 203,506 203,506 _ 203,506 Assessment Services .. Actuarial Assessment . 122 79,333 78,333 79,333 Pretrial ASse'ssment • F22 • 281,635 281,635 281,635 SO •-Totar . 350,958 360,958 - 360,968 Gatekeeper :: . , . Jail Population Monitor 123 ..: - - Gatekeeper ' • • 125 • 95,455 95,455 55,455 Sub.Toial 96,455 95,455 - 95,455 Casq Management • 124 283,724 283,724 283,724- Substanee Abuse-Testing . 017 . - Other . ' : • ' . Program Total • 1,350,292 1,350,292 - 1,350,292 . . Administration Total . 107,148 107,148 107,148 Total Comprehensive Plans & Services 1,457,440 1,457,440 0 1,457,440 Drunk Driveriail Reduction : . . Program Program Code ,.. .. ., Funding Request Approved Funding Reserved Frinding ' :.:.: :::Tutal Funclill : •••• , • • . •• • • - • • : ,.. ,-• ••ReCommehdation' Assessment & Treatment Services 201 176,140 176440 175,140 5-Day in Jail Housing 202 57,208 67,208 67,208 Residential Servcices 203 210,240 210,240 210,240 Totals • 453,588 453,588 :0 , 453,588 FISCAL NOTE (MISC. #13317) December 12, 2013 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION — FY 2014 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Michigan Department of Corrections (MDOC) has awarded the Oakland County Community Corrections Division funding in the amount of $1,911,028 for the period of October 1,2013, through September 30, 2014 which is the same amount as requested in the application. 2. Michigan Department of Corrections holds the contracts for all residential services, meaning $210,240 of the $1,911,028 award has been allocated for Residential Services but will not be recorded as income. 3. The remaining amount of $1,700,788 is the County's responsibility as detailed on Schedule A. 4. This is the nineteenth (19th) year of the grant award with the Michigan Department of Corrections, Office of Community Corrections. 5. The grant provides funding for positions in the Community Corrections Division and the Sheriff's Office. 6. The grant funds the following Community Corrections Division positions: ten (10) Community Corrections Specialists II (positions #07425, 07426, 07429, 07432, 07433, 09243, 09247, 09291, 09648, 09649, one (1) PTNE Community Corrections Specialist II (position 09292), one (1) Office Assistant II (position #09295), and one (1) PTNE Community Corrections Specialist I (position #09397). 7. The grant will also fund 50% of the following positions in Community Corrections: one (1) Community Corrections Support Specialist (position #07834) and one (1) Supervisor-Community Corrections (position #09396), which are partially GF/GP funded. 8. The grant funds the following Sheriff's Department positions: three (3) Inmate Caseworkers (positions #07418, 07419 and 07420), one (1) PINE Office Assistant II (position #07417), and one (1) FTE Inmate Substance Abuse Tech (position #07421). 9. No County match is required with this grant; however, the FY2014 Budget of this grant includes two (2) positions: (#1070403-07834 and #1070410-09396) partially General Fund/General Purpose funded in Community Corrections. 10. The grant agreement has been approved by the County Executive's Contract Review Process. 11. The FY 2014-FY2016 Adopted Special Revenue (SR) budget is amended as detailed in the attached Schedule A to reflect the new grant award of $1,700,788 ($1,911,028 less allocation for residential services held by Michigan Dept of Corrections of $210,240) which is $1,469 less than the adopted budget of $1,702,257. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Scott and Matis absent. Resolution #13317 December 12, 2013 Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Zack, Bosnic, Crawford. (18) 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). HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY E.XECUTiVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) 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 December 12, 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 12 m day of December 2013, e'ee d//g7/L Lisa Brown, Oakland County