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HomeMy WebLinkAboutResolutions - 2014.04.17 - 21278MISCELLANEOUS RESOLUTION #14081 April 17, 2014 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: Department of Public Services/Community Corrections Division-Contract with Waterford 51st District Court to provide Weekend and Weekday Alternative for Misdemeanants (WWAM) to offenders in the Veterans Court To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Weekend and Weekday Alternative for Misdemeanants (WWAM) program is a work program that may be used as an alternative to incarceration or in conjunction with some jail time; and WHEREAS the VVWAM program provides nonprofit and governmental agencies with "crews" of participants to perform a variety of work at no cost to the agency; and WHEREAS the Waterford 51st District Court has been operating a successful Veterans' Court; and WHEREAS the Waterford 51 st District Court would like to use the WWAM program in lieu of jail time and as a sanction for offenders in the Veterans' Court; and WHEREAS the VVWAM program charges offenders $15 per assigned day to be in the program to defray operational costs; and WHEREAS the Waterford 51 st District Court has secured a grant from the State Court Administrators Office (SCAO) to help fund such activities for court participants; and WHEREAS the court would like to enter into a contract with the county to provide these services. NOW THEREFORE BE IT RESOLVED that Oakland County Community Corrections is authorized to contract with the Waterford 51st District Court for the purpose of accepting Veterans Court participants into the VVWAM program. FURTHER BE IT RESOLVED that the revenue from this contract shall not exceed $500. 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. • 51s' District Court: FY 2014 Michigan Veterans Treatment Court Grant Program Grant Subcontract Summary : Oakland County Program Name: WWAM-Weekend & Weekday Alternatives for Misdemeanants Contractor Address: Community Corrections 250 Elizabeth Lake Rd, Suite 1520 City, State, Zip: Pontiac, MI 48341 Telephone: 248-451-2310 Email: hankeyb@oakgov.com Project # D51 MVTCGP 2014 Subrecipient Federal ID (if available) # Project Start Date Project End Date 10/1/2013 9/30/2014 Optional Budget Summary- Total Grant (Court) Category Amount Salary/Wages/Fringe N/A Travel. Supplies/Materials Equipment Contractual Subrecipient Project Official Project Director: Jennifer Thom Title: Court Administrator Department: Administration Address: 5100 Civic Center Dr, City, State, Zip: Waterford, MI 48329 Telephone: 248-618-7598 Fax: 248-674-4240 Subrecipient Financial Official Project Director: Janette Gtxrski Title: Financial Clerk Department: Administration Address: 5100 Civic Center Dr. City, State, Zip: Waterford, MI 48329 Telephone: 248-618-7630 Fax: 248-674-4240 Project Title; MSP Contract #: Federal Grant Award #: Grant Funds: CFDA #: Matching Funds: Total: Other: Total: We hereby accept this agreement in the amount of $500.00 and for the period shown above on the basis of the application, assurances and supporting documents submitted by the Court to the State Court Administrative Office (SCAO). This agreement becomes effective upon return of the executed Agreement to the Court. This award does not assure or imply continuation in funding beyond the funding period of this Agreement - - For the County For the Court Signature: Signature: Name: Name: JENNIFER THOM Date: Date: 2/27/2014 County Authorizing Official Project Director Signature: Court: 51 8T DISTRICT COURT Name: Department: ADMINISTRATION Date: Address: 5100 CIVIC CENTER DR. WATERFORD, MI County Project Official 48329 Signature: Name: Date: County Financial Official 1 Agreement between the 51 8T DISTRICT COURT and Oakland County For Community Corrections Services (OCCC) This is an Agreement between the 51ST DISTRICT COURT in conjunction with its funding unit, Waterford Township, and Oakland County, Michigan for the fiscal year beginning 10/1/2013 and ending on 09/30/2014. For the remainder of this document, Oakland County may also be referred to as the "County." The Court and County may be referred to individually as a Party or collectively as Parties. Purpose The 51 ST DISTRICT COURT wishes to procure and Oakland County agrees to provide weekend & weekday work program services for participants of the VETERANS' TREATMENT COURT PROGRAM through the Oakland County Community Corrections Weekend & Weekday Alternative for Misdemeanants Program (WWAM). Statement of Work The 51 ST DISTRICT COURT agrees to refer VETERANS' TREATMENT COURT participants to OCCC for Enrollment in the WWAM Program. Compensation The court will pay $15 per participant per day. OCCC will submit a bill for services provided. Each bill will include the sum due and contain any additional information that the court or county requires. The total sum to be paid to County under this agreement will not exceed $500. All compensation to be received by County for OCCC services is subject to the availability of funds from the State Court Administrative Office. Payment Policy First priority for funding OCCC services by VETERANS' TREATMENT COURT shall be given to clients who cannot pay for services directly, either through insurance coverage or self- pay. To receive payment, County must submit invoices to the Court within thirty (30) days of the service provided. The Court agrees to pay County directly and the Court must then send invoices to the SCAO for reimbursement. Independent Contractor Status The Parties to this agreement are independent and separate public bodies. The County and its employees, servants and agents are not employees, servants or agents of the Court. Similarly the Court and its employees, servants and agents are not employees, servants or agents of County. Each Party shall carry workers' compensation insurance coverage for its employees, as required by law. Indemnification and Hold Harmless All liability to third parties, loss, or damage as a result of claims, demands, costs, or 2 judgments arising out of activities to be carried out by County in the performance of this contract shall be the responsibility of County, and not the responsibility of Court, if the liability, loss, or damage is caused by, or arises out of, actions or failure to act on the part of County, any subcontractor, anyone directly or indirectly employed by County, provided that nothing herein shall be construed as a waiver of any governmental immunity. All liability to third parties, loss or damage as a result of claims, demands, costs or judgments arising out of activities carried out by Court in the performance of this Agreement shall be the responsibility of Court, and not the responsibility of County, if the liability, loss, or damage is caused by, or arises out of, actions or failure to act on the part of Court, provided that nothing herein shall be construed as a waiver of any governmental imnr mity. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the County and-Court in fulfillment of their responsibilities under this contract, such liability, loss, or damage shall be borne by the County and Court in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity. Records Management County shall maintain appropriate records relating to service, client care, and financial information as directed by the Court. Records shall be available for review by the Court, or by the Court's external audit firm. County shall keep all records for 5 years after the termination of this agreement or as otherwise prescribed by law. Access to Books, Documents, Papers, and Records and Authority to Make Audits All books, documents, papers, records and files related to the services provided under this agreement must be maintained for the period required in the previous section of this agreement. Refusal to allow access of the listed individuals may result in termination of the agreement. The Court, the County, the SCAO, and the Federal Government are entitled to prepare quarterly and/or annual audits of all books, documents, papers, records and files pertaining to this agreement. County shall also comply with the audit requirements of the SCAO Grant Agreement, incorporated by reference into this agreement. Upon completion or termination of this agreement, copies of all records related to this agreement shall be turned over to the court. County shall retain the originals of all such materials as required by law. County retains all right, title and interest, including the right to copyright or otherwise protect any and all intellectual property developed for or in conjunction with the operation of any of its Community Corrections programs. Conflict of Interest County affirms that no principal, representative, agent, or other person acting on behalf of or legally capable of acting on behalf of County is currently a court member or employee. County 3 affirms that there is no such person privy to such information regarding the court that may cause a conflict of interest. Compliance with the Law Both Parties shall adhere to all applicable local, state, and federal laws, ordinances, and regulations. Compliance with SCAO Agreement This agreement is subject to the terms and conditions of the grant under the American Recovery and Reinvestment Act (AREA), entered into between the TOWNSHIP OF WATERFORD and SCAO. County shall comply with all applicable terms and conditions of the SCAO agreement, to the extent permitted by law and County's statutory privileges, duties, and obligations. The provisions of this agreement shall take precedence over the SCAO Agreement unless a conflict exists between this agreement and the provisions of the SCAO Agreement, in which case the provisions of the SCAO agreement shall prevail. These include, but are not limited to the following provisions and requirements. Standard Assurances and Non-Discrimination No employee or applicant for employment with County shall be subjected to discrimination with respect to hiring, recruitment, advancement, or discharge. County shall adhere to all applicable Federal, State and local laws, ordinances, rules and regulations, and policies prohibiting discrimination. Breach of any of the provisions of this section shall be regarded as a material breach of this agreement. County additionally assures and certifies compliance with the following: A. County has the legal authority to use federal funding and the institutional, managerial, and financial capability to provide the services described in the agreement. B. County will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organization conflict of interest or personal gain. Confidentiality and Compliance with Health Insurance Portability and Accountability Act of 1996 (HIPAA) To the extent required by law and as applicable, County, its personnel, and anyone it may contract with County to provide services under this agreement, shall comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Public Law 104-191, as amended). Unallowable Expenses and Activities County agrees to not spend grant money on unallowable expenses. Hatch Act and Intergovernmental Personnel Act County shall comply with the Hatch Act (5 USC §§1501-1508) and Intergovernmental Personnel Act of 1970, as amended by Title VI of Civil Service Reform Act (Public Law 95-454 §4728). 4 Debarment and Suspension County gives assurance to the township, THE 51 5T DISTRICT COURT and SCAO that County shall comply with 45 CFR §76 and certifies to the best of its knowledge and belief that it and its subcontractors: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. B. Have not within a three (3) year period preceding this agreement been: i. Convicted of or had a civil judgment rendered against them for commission of fraud; Convicted of a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; iii. Convicted of a violation of federal or state anti-trust statutes; or iv. Convicted of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in subsection B. D. Have not within a three (3) year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. The 51 ST DISTRICT COURT has verified that County is not on the General Service Administration's "Excluded Parties List System," found at www.epls.gov, or on the Michigan Department of Technology, Management and Budget Debarment List, found at http://www.michizan.gov/buymichiganfirst/0,1607,7-225-48677-20042--,00.html. Non-Supplanting County will not replace any lost state, local or tribal funds with the money received under this agreement. If County hires new positions (including filling existing vacancies that are no longer funded in your agency's budget), it must hire these additional positions on or after the official grant award start date, above its current budgeted level of positions. If County rehires personnel who have already been laid off at the time of application as a result of state, local or tribal budget cuts, it must rehire the personnel on or after the official grant award start date and. maintain documentation showing the date(s) that the positions were laid off and rehired. 5 County plans on maintaining personnel who are at the time of the application scheduled to be laid off on a future date as a result of state, local or tribal budget cuts, County must continue to fund the personnel with its own funds from the grant award start date until the date of the scheduled lay-off and maintain documentation showing the date(s) and reason(s) for the lay-off. Insurance County shall obtain and maintain insurance or self-insurance. Waivers No failure or delay by either Party in exercising any right shall operate as a waiver of the right. No single or partial exercise of any right will preclude other or further exercise of any other right. In no event shall the making by the township of any payment due constitute a waiver by the township of any breach of a provision of this agreement, and the making of any payment by the township while a breach exists does not impair any right or remedy available to the township. Termination This agreement may be terminated prior to the end of the agreement's term for any reason, including convenience, upon thirty (30) days prior written notice to the other party. Invalid/Unenforceable Provision If any clause or provision of this agreement is rendered invalid or unenforceable because of any State or Federal statute, regulation, or ruling by any tribunal of competent jurisdiction, that provision will be void, and will not affect the validity of the remainder of this agreement. Where the deletion of the invalid clause would result in the illegality or =enforceability of this agreement, this agreement will be considered to have terminated as of the date in which the clause or provision was rendered invalid or unenforceable. Disregarding Titles The titles of the sections set forth in this agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this agreement. Completeness of this Agreement This agreement contains all of the terms and conditions agreed upon by the parties and no other agreement regarding the subject matter of this agreement shall bind any of the parties. Disputes County shall notify JENNIFER THOM in writing of County's intent to pursue a claim against the Court for breach of any term in this contract within seven days of discovery of the alleged breach. County and the Court agree that with regard to any and all disputes, controversies, or claims 6 arising out of or in connection with or relating to this contract; or any claim that the sub recipient 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. Certification The persons signing on behalf of the Parties verify by their signatures that they are authorized to sign this agreement on behalf of the Parties. Signature of Court Agent Date: Print Name Signature of Oakland County Date: Print Name Community Corrections Contract Administrator Date: Print Name 7 Resolution #14081 April 17, 2014 The Chairperson referred the resolution to the Finance Committee. There were no objections.