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HomeMy WebLinkAboutResolutions - 2014.12.11 - 21637REPORT (MISC. #14301) December 11,2014 BY: Human Resources Committee, John Scott, Chairperson IN RE: 52/4 DISTRICT COURT (TROY) — 2015 MICHIGAN DRUG COURT GRANT — PROGRAM - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on December 3, 2014, reports with the recommendation that 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 with Hatchett, Hof man and Runestad absent. MISCELLANEOUS RESOLUTION #14301 December 11, 2014 BY: PUBLIC SERVICES COMMITTEE, BILL DWYER, CHAIRPERSON IN RE: 52/4 DISTRICT COURT (TROY) — 2015 MICHIGAN DRUG COURT GRANT PROGRAM — ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52 nd 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, 2014 through September 30, 2015; 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; and WHEREAS the total program funding is $113,162, consisting of $70,000 in grant funding from SCAO, plus General Fund support of $43,162, with no required cash match; and WHEREAS the $43,162 General Fund support consists of $4,588 operating support and $38,574 personnel support; and WHEREAS the grant award of $70,000 will provide funding for the creation of one (1) special revenue (SR), part-time, non-eligible (PTNE) 1,000 hours per year Probation Officer I position (#3020505), the continuation of one (1) SR, PINE 500 hours per year General Clerical position (#3020505-11416), drug and alcohol testing to monitor and ensure sobriety, participant incentives, and Michigan Association of Drug Court Professionals' (MADCP) conference expenses for on-going education; and WHEREAS this grant is conditioned upon continued interpretation of the contract consistent with the July 31, 2014 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; and WHEREAS the grant award has been approved by the County Executive's review process in accordance with the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2015 Michigan Drug Court Grant Program (MDCGP) from the State Court Administrative Office (SCAO) in the amount of $70,000, for the period of October 1, 2014 through September 30, 2015. BE IT FURTHER RESOLVED to create one (1) SR, PINE 1,000 hours per year Probation Officer I position in the Probation Unit (#3020505) to provide support for program activities. BE IT FURTHER RESOLVED to continue one (1) SR, PTNE 500 hours per year General Clerical position (#3020505-11416) to provide support for program activities. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that continuation of this grant program and associated positions is contingent upon continuation of State funding and 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. GRANT REVIEW SIGN OFF — 52/4 District Court GRANT NAME: 2015 Michigan Drug Court Grant Program FUNDING AGENCY: State Court Administrative Office (SCAO) DEPARTMENT CONTACT PERSON: Patricia Bates (248) 528-8584 STATUS: Grant Acceptance DATE: November 18, 2014 Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be place on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (11/17/2014) Department of Human Resources: HR Approved (Needs HR Committee) — Lori Taylor (11/17/2014) Risk Management and Safety: Approved by Risk Management. —Robert Erlenbeck (11/17/2014) Corporation Counsel: There appear to be no unresolved legal issues that require action at this time. — Karen Agacinski (11/17/2014) COMPLIANCE The grant agreement and assurances reference 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.oio.usdoi.gov/13.1A/arant/DrugCourts/DefininaDC,pdf Health Insurance Portability and Accountability Act (42 CFR Part 2) http://www.access. • po. aov/nara/cfr/waisidx 02/42efr2 02.html Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities — "Act 317 of 1968" http://www.legislature.mi.gov/(uct3lxgeltmri5z55z2uiww15)/mileg.aspx?page-aetobject&objectname —mcl -Act-317-of-1968&queryid=14761946 Michigan — Standards of Conduct for Public Officers and Employees (Act 196 of 1973) htcp ://www.legislature, m aov/(S(30eoca2irf3u2z55n2k1 ztm s))/m il ea, asox?page ---aetOb i ect&objectName- mc1-15-341 From: To: Cc: Subject: Date: VanPelt, Laurie "West, Catherine"; "Julie Secontine"; "Lori Taylor"; "Pat Davis' bateso(Doaltgov.com ; "Paluilan, Jill"; "Falardeau, Nancy"; "Ralf, Bonnie" RE: GRANT REVIEW: 52/4 District Court - 2015 Michigan Drug Court Grant Program - Acceptance Monday, November 17, 2014 11:0523 AM Approved. From: West, Catherine [mailto:westca@oakgov.com] Sent: Monday, November 17, 2014 11:01 AM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: batesp@oakgov.com ; 'Palulian, Jill'; 'Falardeau, Nancy'; Scalf, Bonnie Subject: GRANT REVIEW: 52/4 District Court - 2015 Michigan Drug Court Grant Program - Acceptance GRANT REVIEW FORIVI TO: REVIEW DEPARTMENTS Laurie Van Pelt — Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — 52/4 Division District Court 2015 Michigan Drug Court Grant Program State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: November 24, 2014 GRANT INFORMATION Date: November 17, 2014 Operating Department: 52/4 Division District Court Department Contact: Patricia Bates Contact Phone: 248-528-8584 Document Identification Number: 2789 REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2014 through September 30, 2015 New Facility / Additional Office Space Needs: no IT Resources (New Computer Hardware! Software Needs or Purchases): no M/WBE Requirements: No Funding Continuation/New: Continuation Application Total Project Amount: $170,288 Prior Year Total Funding: $13,000 From: To: Cc: Subject: Date: Taylor. Lori "West, Catherine"; "Julie Secont3ne"; "Laurie VanPelt"; "Pat_Davis" Late.S.11.ftslEg.eyacgm; "Paluilan. Jill"; "ralardeau, Nancy"; "Snit, Bonnie" RE: GRANT REVIEW: 52/4 District Court - 2015 Michigan Drug Court Grant Program - Acceptance Monday, November 17, 2014 12:03:42 PM HR Approved (Needs HR Committee) Lori Taylor Manager-Human Resources Recruitment & Workforce Planning Oakland County Michigan 2100 Pontiac Lake Road Waterford, MI 48328 tayiorioPoakgov.com www.oakgovicomijobs Phone: 248-858-0548 Fax: 248-858-8391 From: West, Catherine [mailtovestca@oakgov.comj Sent: Monday, November 17, 2014 11:01 AM To Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: batesp@oakgov.com ; 'Palulian, Jill'; 'Falardeau, Nancy'; Scalf, Bonnie Subject: GRANT REVIEW: 52/4 District Court - 2015 Michigan Drug Court Grant Program - Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — 52/4 Division District Court 2015 Michigan Drug Court Grant Program State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: November 24, 2014 GRANT INFORMATION Date: November 17, 2014 Operating Department: 52/4 Division District Court Department Contact: Patricia Bates Contact Phone: 248-528-8584 Document Identification Number: 2789 From: To: Subject: Date: ,Erlenbeck. Robert 'Vest. Catherine"; "Julie SecontIne"; "Laurie VanPer; "Lori Taylor; "Pat Davis" hatemao.aligavzza; "Pafuller Jill"; "Falardeau. Nancy"; "Scalr, Bonnie" RE: GRANT REVIEW: 52/4 District Court - 2015 Michigan Drug Court Grant Program - Acceptance Monday, November 17, 2014 4:38:04 PM Approved by Risk Management. R.E. 11-17-14. 'Robert Erlenbeck, Risk Management Office: 243-858-1694 Cell: 248-421-91,21 Office schedule: Monday through Thursday 7M to 5:30 From: Sandy Johnson [mailto:JohnsonS©oakgov.com] Sent Monday, November 17, 2014 11:34 AM To: 'West, Catherine'; 'Julie Secontine'; 'Laurie VanPelt; 'Lori Taylor'; 'Pat Davis' Cc: tatesp©oakgov.com'; 'Palulian, Jill'; 'Falardeau, Nancy'; 'Scalf, Bonnie' Subject: RE: GRANT REVIEW: 52/4 District Court - 2015 Michigan Drug Court Grant Program - Acceptance Please be advised that your request for Risk Management's assistance has been assigned to Bob Erlenbeck (ext. 8-0403), If you have not done so already, please forward all related and future information, documentation, and correspondence to Terri Easterling and Sandy Johnson. Also, please include Risk Management's assignment number RM14-0403 regarding this matter. Thank you. From: West, Catherine [mailto:westca(@oakgov.com] Sent: Monday, November 17, 2014 11:01 AM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: batesp(aoakgov.com ; 'Palulian, 'Falardeau, Nancy'; Scalf, Bonnie Subject: GRANT REVIEW: 52/4 District Court - 2015 Michigan Drug Court Grant Program - Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — 52/4 Division District Court 2015 Michigan Drug Court Grant Program State Court Administrative Office Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: November 24, 2014 From: To: Cc: Subject: Date: AaacInski, Karen —West, Catherine; "Secontine, lute "; "VanPelt Laurie' Taylor Lori Falardeau, Nancy; batesp(aoalcgoy.com; $calfb@oakoov.com; palulianKaoakoov.com GRANT REVIEW: 52/4 District Court - 2015 Michigan Drug Court Grant Program - Acceptance Monday, November 17, 2014 5:22:22 PM GRANT INFORMATION Operating Department: 5214 Division District Court Department Contact: Patricia Bates Contact Phone: 248-528-8584 Document Identification Number: 2789 Funding Period: October 1, 2014 through September 30, 2015 New Facility! Additional Office Space Needs: no IT Resources (New Computer Hardware / Software Needs or Purchases): no M/VVBE Requirements: No Funding: Continuation Application Total Project Amount: $170,288 Prior Year Total Funding: $13,000 New Grant Funded Positions Request: create new PINE Probation Officer I position Changes to Current Positions: continue PINE general clerical position #11416 Grantor Funds: $70,000 Total Budget: $113,161.50 Match and Source: $43,161.50 OF/OP PROJECT SYNOPSIS SCAO provides funding assistance for drug courts through its Michigan Drug Court Grant Program (MDCGP). The MDCGP is modeled after the federal Drug Court Grant Program and requires compliance with the 10 Key Components of Drug Courts as outlined in the federal guidelines. REVIEW STATUS: Acceptance — Resolution Required There appear to be no unresolved legal issues that require action at this time. Thank you, Karen P. Agacinski, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3 rd Floor Pontiac, MI 48341 Phone Number: (248) 858-8677 Fax Number: (248) 858-1003 E-mail: agacinskikeoakgov.com PRIVILEGED AND CONFIDENTIAL — ATTORNEY CLIENT COMMUNICATION. This e-mail is intended only for those persons to whom it is specifically addressed, It is confidential and is protected by the attorney-client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in anyway. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM FY 2015 CONTRACT Grantee Name: 52nd District Court - Fourth Division - Adult Drug Court Federal ID Number: 38-6004876 Contract Number: 2789 Grant Amount: $70,000 1. GENERAL PROVISIONS 1.01 This contract is made between the State Court Administrative Office, Lansing, Michigan (SCAO) and the 52nd District Court - Fourth Division. 1.02 This contract incorporates the Grantee's approved grant application request and most recently 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 commences on 10/1/2014 and tetwinates on 9/30/2015, 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 does not, and shall not, have the authority, to enter into contracts on the SCAO's behalf. 4. SCOPE OF SERVICES 4.01 Upon signing of this contract, the SCAO agrees to provide funding from the Grant in an amount not to exceed the amount ofthis contract. In no event does this contract create a charge against any other funds of the SCAO or the Michigan Supreme Court. 4.02 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 SCA°. 5. PERFORMANCE AND BUDGET 5.01 The SCAO agrees to provide the Grantee a sum not to exceed $70,000 for the court program operated pursuant to this contract. 5.02 Grantee equipment purchases are prohibited. 5.03 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 most recently 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. 5.04 The Grantee must sign up through the online vendor registration process to receive payments as Electronic 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--,00.html. 5.05 All reimbursements for the proper performance of the contract shall be made by the SCAO quarterly, upon submission by the Grantee of claims for approval by the SCAO. The claims 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. 5.06 Requests for adjustments in expenditures within line items and between line item categories must be made using a Contract Amendment, within WebGrants, and approved by the SCAO. 5.07 The Grantee shall make reasonable efforts to collect 1st and 3rd party fees, where applicable, and report these as outlined in the SCAO's fiscal procedures. Any under-recoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. 6. CONDUCT OF THE PROJECT 6.01 The Grantee shall abide by all terms and conditions required in the application assurances, budget requirements, and the Grantee's approved program outline and most recently approved budget. 6.02 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 2 program or service to a comparable secular alternative program or service. 7. ASSIGNMENT 7.01 The Grantee may not assign the perfori lance under this contract to subcontract personnel except with the prior written approval_of the SCAO. 7.02 All provisions and requirements of this contract shall apply to any subcontracts or agreements the Grantee may enter into in furtherance of its obligations under the contract. 7.03 The Grantee shall provide copies of all subrecipient subcontracts for services funded in whole or in part by this grant to the SCAO. 8. CONFIDENTIAL INFORMATION 8.01 In order that the Grantee's employees or subrecipient 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 the 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, the 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 by federal or state law, rule, or regulation, in connection with the provision of services or other activity under this agreement, shall remain confidential. Such information shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form, if the disclosure does not directly or indirectly identify particular individuals. 9. HUMAN SUBJECTS 9.01 The Grantee must submit all research involving human subjects conducted in programs sponsored by the SCAO, or in programs that receive funding from or through the state of Michigan, to the Michigan Department of Community Health's (MDCH) Institutional Review Board (IRB) for approval prior to the initiation of the research. 10. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, 42 CFR PART 2, AND MICHIGAN MENTAL HEALTH CODE 10.01 To the extent applicable, the Grantee assures and certifies that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA), 42 CFR Part 2, and 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 fails HIPAA, 42 CFR Part 2, and/or the Michigan Mental Health Code requirements, except to a subrecipient subcontractor as appropriate under this contract. B. The Grantee must require, in the terms and conditions of any subcontract, that the 3 subrecipient 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 CPR Part 2, and/or Michigan Mental Health Code requirements. The policies and procedures must meet all applicable federal and state requirements including HIP.AA, 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 18. G. In accordance with HIPAA, 42 CFR Part 2, and/or Michigan Mental Health Code requirements, the Grantee is liable for any claim, loss, or damage relating to its unauthorized use or disclosure of protected data and information received by the Grantee from the SCAO or any other source. 11. RIGHTS TO WORK PRODUCT 11,01 All reports, programs, manuals, tapes, listings, documentation, and any other work product prepared by the Grantee under this contract, and amendments thereto, shall belong to the SCAO and are subject to copyright or patent only by the SCAO. The SCAO shall have the right to obtain from the Grantee original materials produced under this contract and shall have the right to distribute those materials. • 11.02 The SCAO grants the Grantee a royalty-free, nonexclusive license to use anything developed in the course of executing this contract if the work product enters the public domain. 11.03 The SCAO shall have copyright, property, and publication rights in all written or visual material or other work products developed in connection with this contract. The Grantee shall not publish or distribute any printed or visual material relating to the services provided under this contract without the prior explicit permission of the SCAO. 12. WRITTEN DISCLOSURE 12.01 The Grantee and the Grantee's employees or subrecipient 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 subrecipient subcontractors jointly with the SCAO or singly by Grantee or Grantee's employees or subrecipient 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 subrecipient subcontractors in determining and acquiring copyright, patent, or other such protection at the SCAO's invitation and request. 4 12.03 The Grantee represents and warrants that there are at present no such writings, inventions, improvements, or discoveries (other than in a copyright, copyright application, patent, or patent application) that were written, conceived, invented, made, or discovered by the Grantee or the Grantee's employees before entering into this contract, and which the Grantee or the Grantee's employees desire to remove from the provisions of this contract, except those specifically set forth by attachment hereto. 13. INSURANCE 13.01 The Grantee should carry insurance coverage or self-insurance in such amounts as necessary to cover all claims arising out of the Grantee's operations under the terms of this contract. . 14. INDEMNITY 14.01 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. 14.02 All liabilities, obligations, damages, penalties, claims, costs, fees, pharges, 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. 14.03 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 the 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. 14.04 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 subrecipient subcontractors, used by the Grantee pursuant to the Grantee's performance under this contract. 14.05 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. 14.06 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 the Grantee deems appropriate. The Grantee retains sole authority and discretion to resolve and settle any such claims. 15. ACQUISITION, ACCOUNTING, RECORDICEEPING, AND INSPECTION 15.01 The Grantee agrees that all expenditures from this contract, including the 5 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, most recently 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 recoTrirnenciatiotiS to the Grantee The SCA() may adjust future or finFii pAyrrierlt 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 participants, and review of case records, receipts, monthly/quarterly statistical reports, and fiscal records. 17. REPORTS 17,01 The Grantee agrees to submit timely, complete, and accurate reports as identified in Attachment A. 17,02 The data for each participant who is screened and accepted into the program must be entered into the Drug Court Case Management Information System (DCCMIS). 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. 6 18. TERMINATION OR FUNDING HOLD 18.01 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, or failure to submit reports in a timely fashion. 18.02 This contract may be terminated immediately without further financial liability to the SCAO if funding for this contract becomes unavailable to the SCAO. 19. COMPLIANCE WITH LAWS 19.01 The Grantee shall comply with all applicable laws, ordinances, and codes of the federal, state, and local governments. 20. MICHIGAN LAW 20.01 This contract shall be subject to, and shall be enforced and construed under, the laws of Michigan. 21. CONFLICT OF INTEREST 21.01 The Grantee presently has no personal or financial interest, and shall not acquire any such interest, direct or indirect, that would conflict in any manner or degree with the performance of this contract. 21.02 The Grantee and the SCAO are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq., MSA 4.1700(51) et seq., and 1973 PA 196, as amended, MCL 15.341 et seq., MSA 4.1700 (71) et seq. 22. DEBT TO STATE OF MICHIGAN 22.01 The Grantee covenants that it is not, and will not become, in arrears to the state of Michigan or any of its subdivisions upon contract, debt, or any other obligation to the state of Michigan or its subdivisions, including real property, personal property, and income taxes. 23. DISPUTES 23.01 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. 23.02 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. 23.03 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. 7 24. ENTIRE AGREEMENT 24.01 Except for Grantee's approved grant application, application assurances, and most recently approved budget, 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. 25. AMENDMENT 25.01 This contract may be amended only upon written agreement of the parties. 26. DELIVERY OF NOTICE 26,01 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 Patricia Bates, 524 W. Big Beaver, Troy, MI 48084. B. The SCAO's contact person is Dr. Jessica Parks, State Court Administrative Office, Michigan RA. of Justice, P.O. Box 30048, Lansing, IVII 48909. 27. SIGNATURE OF PARTIES 27,01 This contract becomes effective when signed by the parties. 8 IN WITNESS WHEREOF, the SCAO and the Grantee have executed this contract: 52nd District Court - Fourth Division - Adult Drug Court 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 he a judge or other state employee. The authorizing official is normally from the Executive or Legislative Branch of the entity (e.g., City Manager, Mayor, Council President, Board Chairperson, Chief Financial Officer, etc.). STATE COURT ADMINISTRATIVE OFFICE By: Date: Deputy State Court Administrator 9 ATTACHMENT A MICHIGAN DRUG COURT GRANT PROGRAM (MDCGP) FY 2015 REPORTING REQUIREMENTS October 1, 2014 through September 30, 2015 DCCMIS DATA EXCEPTION REPORT DUE DATE NOTE February 15, 2015 Courts will be reviewing error reports reflecting data entered into DCCMIS for the time period of October 1,2014, through December 31, 2014. May 15, 2015 Courts will be reviewing error reports reflecting data entered into DCCMIS for the time period of January 1, 2015, through March 31, 2015. August 15, 2015 Courts will be reviewing error reports reflecting data entered into DCCMIS for the time period of April 1, 2015, through June 30, 2015. November 15, 2015 Courts will be reviewing error reports reflecting data entered into DCCMIS for the time period of July 1, 2015, through September 30, 2015. DCCMIS USER AUDIT REPORT DUE DATE January 31,2015 NOTE Courts will be confirming user access to DCCMIS, CLAIMS REPORTS , UE DATE NOTE January 10, 2015 Courts will be reporting on expenditures from October 1, 2014, through December 31, 2014, April 10, 2015 Courts will be reporting on expenditures from January 1, 2015, through March 31, 2015. July 10, 2015 Courts will be reporting expenditures from April 1, 2015, through June 30, 2015. October 10, 2015 Courts will be reporting expenditures from July 1, 2015, through September 30, 2015, PROGRESS REPORTS DUE DATE NOTE April 30, 2015 Interim Report Courts will be reporting on progress made during the first half of the grant period - October 1, 2014, through March 31, 2015. October 30, 2015 Final Report Courts will be reporting on progress made during the second half of the grant period - April 1, 2015, through September 30, 2015. 10 Application )2448 - Fiscal Year 2015 Michigan Drug Court Grant Program (MDCGP) - Final Application 02789 - Drug Therapy Court Grant Application 2014 Michigan Drug Court Grant Program (MDCGP) Status: Submitted Original Submitted 07/3112014 12:18 PM Date: Last Submitted Date: 10/27/2014 3:42 PM lpplicant Information Primary Contact: Name:* Ms. Patricia Bates Salutation First Name middle Name Last Name Title: Email:* batesp@oakgov.com Address:* 520 W. Big Beaver Address Line 2 Address Line 3 City* Troy Michigan 48084 City State/Province Postal Code/Zip Phone:* 248-528-8584 Phone 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 Phone:* Troy City 248-528-0400 Michigan statoprmoce 48084 Postal Code/Zip Fax: ,pplication information Is there an approved Local Administrative Order (LAO)? Local Administrative Order (LAO):* LAO Number: 2001-01 Is there a current Memorandum of Understanding (MOU)? Memorandum of Understanding (MOU)* Effective Date: 01/01/2011 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?* 09/30/2015 38-6004876 70 67 13 ipplicant Contact Information Ext. Yes Yes Select your court* People served* County to Receive the Grant Award* Date that the program accepted or anticipates first participant* Please pick your program type* Is your court a tribal court?* Courthouse name (example: Frank Murphy Hall of Justice) Courthouse street add ressk Room/Floor City* State* Zip code* Judge: First Name" D52-4 (Troy) Oakland Men, Women Oakland 10/01/2014 520 W. Big Beaver Troy MI 48084 Kirsten Adult District Drug Court Is your program operational?* Yes No Judge: Last Name* Hartig Title* Judge Judge: E-mail Address* hartigk@oakgov.coni Judge: Phone Number* 248-528-0500 Judge's Mailing Address: Street* 520 W. Big Beaver Judge's Mailing Address: Room/Floor Judge's Mailing Address: City* Troy Judge's Mailing Address: State* MI Judge's Mailing Address: Zip Code* Judge 2: First Name Judge 2: Last Name Judge 2: Title Judge 2: E-mail Address Judge 2: Phone Number Judge 2 Mailing Address: Street Judge 2 Mailing Address: Room/Floor Judge 2 Mailing Address: City Judge 2 Mailing Address: State Judge 2 Mailing Address: Zip Code Judge 3: First Name Judge 3: Last Name Judge 3: Title Judge 3: E-mail Address Judge 3: Phone Number Judge 3 Mailing Address: Street Judge 3 Mailing Address: Room/Floor Judge 3 Mailing Address: City Judge 3 Mailing Address: State Judge 3 Mailing Address: Zip Code Judge 4: First Name Judge 4: Last Name Judge Ext. 48084 Judge Ext. Judge 4: Title Judge Judge 4: E-mail Address Judge 4: Phone Number Ext. Judge 4 Mailing Address: Street Judge 4 Mailing Address: Room/Floor Judge 4 Mailing Address: City Judge 4 Mailing Address: State Judge 4 Mailing Address: Zip Code Judge 6: First Name Judge 6: Last Name Judge 5: Title Judge Judge 5: E-mail Address Judge 6: Phone Number Ext. Judge 6 Mailing Address: Street Judge 6 Mailing Address: Room/Floor Judge 6 Mailing Address; City Judge 6 Mailing Address: State Judge 6 Mailing Address: Zip Code Judge 6: First Name Judge 6: Last Name Judge 6: Title Judge Judge 6: E-mail Address Judge 6: Phone Number Ext. Judge 6 Mailing Address: Street Judge 6 Mailing Address: Room/Floor Judge 6 Mailing Address: City Judge 6 Mailing Address; State Judge 6 Mailing Address: Zip Code Project Director (Main Program Contact): First Name* Patricia Project Director: Last Name* Bates Project Director: Title* Probation Supervisor/Drug Therapy Court Coordinator Project Director: E-mail Address* batesp@oakgov.com Project Director: Phone Number* 248-528-8584 Project Director Mailing Address: 524 W. Big Beaver Street* Project Director Mailing Address: Room/Floor Project Director Mailing Address: City* Project Director Mailing Address: State* Project Director Mailing Address: Zip Code* Financial Officer: First Name* Financial Officer: Last Name* Financial Officer: Title* Financial Officer: E-mail Address* Financial Officer: Phone Number* Financial Officer Mailing Address: Street Financial Officer Mailing Address: Room/Floor Financial Officer Mailing Address: City* Financial Officer Mailing Address: State* Financial Office Mailing Address: Zip Code* Troy MI 48084 Lynn Sonkiss Manager Fiscal Services sonkissl@oakgov.corn 248-858-0807 1200 N. Telegraph n Pontiac MI 48341 Authorizing Official: First Name* Mike Authorizing Official: Last Name* Gingell Authorizing Official: Title" Authorizing Official: E-mail Address* Chairman, Oakland Coutny Board of Commissioners gingellm@oakgov.com Authorizing Official: Phone Number* Authorizing Official Mailing Address: Street* Authorizing Official Mailing Address: Room/Floor Authorizing Official Mailing Address: City* 248-858-0100 1200 North Telegraph Pontiac Authorizing Official Mailing Address: State* .Authorizing Official Mailing Address: Zip Code* CCMIS Contact Information DCCMIS Administrator (The person responsible for reporting Patricia data to SCA0): First Name* DCCMIS Administrator: Last Name* DCCIVIIS Administrator: E-mail Address* DCCMIS Administrator: Ph one Number* Bates batesp@oakgov.com 248-528-8584 Ext, rogram 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/DW1 court program. The Fifty-Two Four District Court serves the communities of Troy and Clawson. The total population of 52-4's jurisclication is 94,157 per the 2010 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/alcohol dependant and traditional probation is less likely to be successful. In 2013, approximately 23% of the courts 24,195 cases were misdemeanor offenses and 20% of those were placed on probation. Each probation officer supervises over 200 probationers. The supervision included monthly meetings, monitoring 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 alcohol 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. MI 48341 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 negledt, he degree to which foster care and adoption is currently relied upon for the children of the participant. Formerly, jail 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. 'rogram Goals (Required) Goal 11* 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 eliminating failure to appear for testing due to financial reasons. All 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 o dilute tests. Regular review hearings occuring bi-weekly 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 providing financial assistance, through the grant, for those documenting a financial need with help in testing and counseling. Our program is designed to accept partipants in need of it and is not based on the jurisdiction in which they live. This has caused those not living in Oakland County to not be eligible for assistance in the forn of grants for counseling In addition to that there would be continued 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 an expected minimum of 90 days "reduced recidivism by 164%." Carey, supra AND Douglaw B. Marlowe, Research Update on Drug Courts. December, 1010. national Associatelon of Drug Court Professionals. 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. Traditionally second offenders would serve 15-30 days jail. In DTC it is 4-10 days, for a 60% saving of jail days, 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, 'rogram Goals (Optional) Goal 7: Reduce child abuse and neglect (if applicable) Goal 8: List other goal specific to your drug/OW/court program here Goal 9: List other goal specific to your drug/DW1 court program here Goal 10: List other goal specific to your drug/DWI court program here rarget Population Check all that apply What is the target population:* OWI, Drug Offender Other, please explain: Describe how the above information differs from Currently, the DTC focus has shifted towards more OWI 2nd cases. previous years' procedures:* ;creening and Eligibility Describe the eligibility criteria:* The considered participant must have reliable transportation, including eligiblity for license with interlock device for OW 2nd; the charge is not a violent offense, 17 years or older, alcohol/drug abusing or dependant and no diagnosis of severe mental health problem. How are potential participants identified:* Judges, Parole Agent, Defense Attorney If Other, please describe: Legal Eligibility Screening:* Describe when the legal eligibility screening occurs, who conducts 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: Describe how the above information differs from previous years procedures:* NEEDS instrument Participants were also identified by Oakland County Community Corrections Pretrial Services investigator at time of arraignment or pretrial. Issessrnents What is the name of the substance abuse assessment tool that is used? Substance Abuse Assessment Tool:* NEEDS instrument Does the assessment provide a Diagnostic and Statistical Manual of Mental Disorders (Osm) diagnosis? DSM Diagnosis:* Yes If answered no to the above question, describe how the substance use diagnosis is determined How substance use diagnosis is determined: Clinical Assessment:* Describe when the clinical assessment is conducted and who conducts the assessment, The drug/alcohol 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 criteria used to determine appropriate level of treatment? American Society of Addiction Medicine Criteria:* Yes How treatment level is determined: If answered no to the above question, describe how the level of treatment is determined Describe how the above information differs from There has been no change in this procedure. previous years' procedures:* "reatment Continuum and Plan Substance Abuse Treatment Agencies:* List the substance abuse treatment agencies end 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, New Paths and Turning Point. Eastwood Clinic and Recovery Consultants - education, outpatient (individual and group), intensive outpatient Check all that apply Treatment is provided:* Determined by the participant and/or insurance If treatment is provided through a contract(s), 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: Reovery Consultants Inc. and Eastwood Clinic but other accredited treatment agencies can be accepted based on the defendant's special needs, transportation and insurance/financial issues. Treatment Plan:* Who develops the clinical treatment plan? Haw 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 BAC results; but it ultimately up to the treatment provider to determine level o f c a r e w i t h input and review from the probation officer and DTC team. It is adjusted as needed and close communication from the provi d e r s i s required. What ancillary services are available to the participants in the program? Check all that apply; Ancillary Services:* If Other, please describe: Describe how the above information differs from previous years procedures:* Educational, Mental Health, Career Participants are referred to GED/diploma programs, Community Network Services, Michigan Works!, WIC and Community Corrections. These programs can be ordered as part of DTC. There has been no change in procedure. 'rogram Length What is the minimum length of the drug/DWI court program?* What is the maximum length of the drug/DWI court program?* 18 months 24 months Describe the factors used to determine the program length Program Length Factors:* How many phases does the program consist of?* Describe what factors were used to determine the length of each phase:* If phases are not used explain how a participant progresses through the program 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 is then discharged if they have been in compliance. 4 They are designed to 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 OWL 2nd the Driver Invention program must be completed, they must have a sponsor and submit weekly journals for 12 step attendance, arid be in regular treatment. In Phase II 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. 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 alcohol 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 11 without a sponsor, Submit written journal weekly, Family member, friend or sponsor must attend first DTC court date and then as directed, Provide proof of emPloyment and/or education, Considered for license after 45 days and once granted with interlock with cellular and picture capability for imMediate notification, Attend VIP (if applicable), Attend DIP if OWL 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 ix 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 afamily/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. :ase Management Case Management is provided by:* if other, please explain: Assigned Case Managers, Co-coordinator, Probation Officers Whet is the ratio of participants to the case manager (e.g. 50:1)? Case Manager Ratio:* 57:1 Case Manager Responsibilities:* How are the responsibilities and activities of the case manager(s) 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, text, fax and written updates, The partclipants 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 10-'15 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 contact with the participant? Check all that apply. Contact Frequency:* If other, please describe: Contacts are: Contact Type:* If other, please describe: Describe how the above information differs from previous years procedures:* Biweekly, Bimonthly, Weekly, Monthly Phase I bi weekly Phase II and Ill Monthly Post Graduation every 3 months Face to Face This procedure has not changed from previous years. fudiciai 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 II is every 2-3 months until graduation. Description of Review Hearings* Please describe the status review hearings, Including how they operate and how each participant interacts with the court. Participants who are compliant approach the bench in groups of three, and are addressed individually by the judge. The judge spends several minutes talking with each participant, reinforcing abstinence behaviors and encouraging good decision-making. Participants that are new or have not been compliant are addressed Individually. Everyone is expected to stay for the duration of the session. Status Review Hearing Participants:* Case Manager, Prosecuting Attorney, Coordinator, Community Advocate, Program Director If Other, please describe: 42 CFR Part 2 and HIPAA:* What is the program's policy and/or procedure(s) for complying with 42 CPR 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 dosed. When do staffing meetings occur?* Immediately prior to the status 'review hearing Description of Staffing Meeting * Please describe the team meetings, including how they operate and how decisions regarding participants are made. The team meets an hours prior to DTC. Everyone receives a docket, describing the current status of each participant that is to be in court that day. For participants that are to be sanctioned, there is a more detailed packet with their history and current issues. Each case is discussed and a group decision is reached on the sanction. Check all that apply. Who attends the staffing meetings?* Judges, 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. Dest;iibe 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 Tug 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 and are on cellular units so ther is immediate notification of issues, if they get EtGs it is 1-3 times per week, SCRAM 24/7 and Soberlink/in 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/DWI court program test for? Check all that apply. Drugs Tested?* Marijuana, Cocaine, Benzodiazepine, ()plaids, Amphetamine, Other If Other, please describe alcohol urine 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 agency(s) are being utilized DOTS, Results, Onsite and JAMS Does your drug/DWI court program perform alcohol and drug testing? Perform Alcohol and Drug Testing?* No If yes, list who performs the testing: only agencies 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 Notification:* the case manager is notified of test results from 'I 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 Hem and have a positive test the participants knows they must then go submit to an EtG. What is the response to a positive alcohol or drug test result? Positive Result Response?* Describe how the above information differs from previous years' procedures:* It depends on if it is a first time or not but generally the participant is given increased testing or SCRAM, increased counseling and or support group meeting, community service, sometimes jail - again depending on If it is a first positive. The Judge does not use the community work program, WWAM, as sanction. ncentives 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 and sticky pads with inspirational sayings, decreased testing and decreased case manager meetings/DTC sessions AA books progression to next Phase or ranked as an r All Star by DTC team The judge awards incentives at each phase progression at a DTC session as advised by the team. All Stars are put in a fish bowl drawing each session for a gift card, >anctions 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 if there is no DTC session within 3 days. 3raduation Requirements Graduation Requirements:* Discuss the program's requirements for graduation. The participant must have four 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 alcohol 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 on standard probation Describe how the above This requirement for sobriety time has been reduced to four months for graduation and but a information differs from previous years procedures:* total of ten months for discharge once graduated. pulsion Criteria Termination Criteria:* Explain the criteria for terminating a participant from the program. A participant can be discharged unsuccessfully from the program for howling new convictions or for a multiple 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 be released from the program. Describe how the above information differs from This procedure has not changed from previous years. previous years' procedures:* us.taiii -bility Plan Sustainability 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 attends violation court hearings (approximately 25 probation violation files), once per month or less. The secondary officer supervises approximately 225 cases in addition to her intensive DTC caseload of approximately 10 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 utilize any funds from a non-profit organizations. Additionally, given information that we have received from the funding unit it is not likely 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 information differs from Previous we have received donations of gift cards form non-profits as incentives. previous years' procedures:* 'valuation Plan Will your program be conducting Yes a process evaluation? Will your program be conducting Yes an outcome 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. It is the hope that a local university could take on the task of evaluating ail the 52's as there is no money to pay an evaluator. How does your program define recidivism?* If Other, please describe: What type of charge(s) and/or conviction(s) qualifies as recidivism?* if Other, please describe: New Conviction Any misdemeanor, Any felony )rug Court Team Who are the members of the drug/DWI court team?* If Other, please 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 all that apply). Court Team Communication:* Phone, Fax, Staffing meeting, E -mail If Other, please describe: Describe how the above No change from previous years, however in 2014 our other judge started sentencing OW1 information differs from 2nd defendants to the program but he does not participate. In January 2015 a new judge previous years' procedures:* will take the bench and it is highly likely they will participate in the program. 7rogram income Will your court program earn program income as defined No 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 $260, etc.)? ';ertification 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, I certify that the below referenced person is the Financial Officer for the court program:* Financial Of cc; Name:" Date:* By checking this box, I certify that the Chief Judge of this court supports our court applying for this grant opportunity.* Yes Michael J. Gingell 07/31/2014 Yes Patricia Bates 07/14/2014 Yes Lynn Z'›onkiss 07/31/2014 Yes )ersonnel Name Position Computation Request .. ._. - Other Grant Or Funding Sources Local Cash Contribution . , Local In-Kind Contribution Total Stac ey nvanvuren Janse DTC Probation Officer 1 r 1000x19.96 $0.00 $0.00 $0.00 $19,966.00 $19,966.00 Sarah Harmon OTC Probation Officer II Asst 1 220x26.95 $0.00 $0.00 $0.00 $5,929.00 $5,929.00 Patricia Elates Probation Supervisor/DTC Coordinator 110x34,85 $0,00 $9.00 $0.00 $3,833.50] $3,833.50 Probation Officer I Probation Officer I 23.78 x 1000 hours $23,780.00 $0.00 $0.00 $0.00 $23,780.00 general clerical general clerical 11.42 x 500 $5,710.00 $0,00 $0.00 $0.00 1 $5,710.00 Brenda McGowan Clerical 100 hours x $11.42 $0.00 $0.00 $0.00 i $1,142.00 $1,142.00 $29,490.00 $0.00 $0.00 $30,870.50 I $60,360.50 ersonnei Justification Personnel Justification* Justify personnel (i.e., wages) associated with the proposed project. These personnel costs should tie back to the Budget Requ e s t S u m m a r y a n d B u d g e t D e t a i l worksheet. The grant application requests two postions: one full time-Probation Officer II and the continued general clerical with increased h o u r s . A s i t e visit at 52-4 District Court DTC was conducted by SCAO was conducted April 30, 2014 and found the prograrn to be in full co m p l i a n c e w i t h the 10 Key Components. They did recommend, as quoted from the completed review May 27,2014, "Generally, best practices i n d i c a t e a 50:1 ratio of drug court participants to case manager. Due to a growing caseload, SCAO recommended creating a full-time p o s i t i o n f o r t h e case manager..." In January 1015, the judge who does not fully participate in the program will retire and a new judge will take the ben c h . Every indication points towards the new judge participating fully in the program, adding to the growth of the program and cas e l o a d . In-kind costs include salary expense associated with the probation officers, clerical staff and coordinator. AMEND - it is the desire of the DTC to direct grant funds to a part time General Clerical position at the rate of $11.42 per hour an d a t 1 0 hours per week for 52 weeks, and to a part time non-eligible Probation Officer I, 4th year rate of $23.78 per hour at 20 hours per week. 7ringe Benefits Row Employer FICA Percentage Request Other Grant Or Funding Sources ._ .__. ... ......__ Local Cash Contribution _. ._... „._,.._._ ,. Local In-Kind Contribution , Total ... 1.45% $427.61 $0.00 $0.00 $1,053.00 , $1,480.61 Retirement 2,5% $781.64 $0.00 $0.00 $3,380.00 I$4,161,64 Hospital Insurance 0% $0,00 $0.00 $0.00 $2,716.00 $2,716.00 Dental Insurance 0% $0.04 1 $0.00 $0.00 $197.00 $197,00 Vision Insurance 0% $0.00 $0.00 $0.00 $16.00 $16.00 Unemployment 0.32% $94.37 $0.00 $0.00 $99.00 $193.37 Worker's Compensation 0.22% 1 I $401,38 $0,00 - $0.00 $70.00 $471.38 Life Insurance 0% $0.00 $0.00 $0.00 $30.00 $30.00 Other 0% $0.00 $0.00 $0.00 $142.00 $142.00 Other 0% 1 $0.00 $0.00 $0.00 $0.00 $0.00 Other 0% $0.00 $0.00 $0,00 $0.00 $0,00 Other 0% $0.00 $0.00 1 $0.00 $0.00 $0.00 Totals , $1,705.00 $0,00 $0,00 $7,703.00 $9,408.00 "ring° Benefits Justification Fringe Benefits Justification* Justify fringe benefit costs associated with the proposed project. These fringe benefits should tie back to the Budget Request S u m m a r y a n d B u d g e t D e t a i l w o r k s h e e t . It is the desire of the DTC to direct grant funds to a full time Probation Officer II and part time general clerical position - Drug Court Supervisor: Fringe benefits are paid according to the Oakland County Merit System. The amount is projected base d u p o n a formula and the employee's actual expenditures. FICA, Retirement, Disability, Unemployment, Group Life/Accident, and Worker's Compensation are estimated' as a percentage (38.98% total) Medical ($14,163), Dental ($808), and Vision ($117) are direct contract charges AMEND - it is the desire of the DTC to redirect grant funds to a part time general clerical position and Probation Officer 1, 4th year - with FICA (1.45%), Retirement (2.62%), unemployment (.32%) and Worker's Comp (1.36%) for a total of $328.33 and $1376.36 fringes ($1702.69), ontractual Contractor Computation Services to be Provided Request Other Grant or Funding Source Local Cash Contributio Local In- Kind Total Contributio • Subrecipient ContractoriVendoi Results EtG drug screens ($15/test) for participants in financial need or as an incentive $20/ETG test x 500 per year = $10000 $10/test x 1011 per year = $20110 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 under employed. mployed. The probation offer will identify which p o art n 1 o ci t p h a a n v ts e w th h e o d 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 for testing but with awarded funding a bid process would then be Initiated with at least four vendors to bid. • $20,110.00 1 , $0.00 I $0.00 I I $0.00 $20,110.00 , No Yes Public Defender $162x24 Public Defendant attendance at $0.00 each bi-weekly OTC hearing. $0.00 $0.00 $3,888.00 $3,888.00 Eastwood Clinic and Recovery Consultants $68 individual treatment (52 minutes plus)x 221 sessions for out county outpatient counseling, intake $15,000.00 assessment $0.00 $0.00 $0.00 $15,000.00 No Yes Inc. and don't have : insurance (also $68) $35,110.00 1 $0.00 $0.00 $3,888.00 $38,998.00 ;ontractual Justification Contractual Justification* Justify contractual costs associated with the proposed project. These contractual costs should tie back to the Budget Reque s t S u m m a r y a n d t h e B u d g e t D e t a i l Worksheet. This grant contains contractual funding for drug testing. Testing is essential for monitoring sobriety and funding remains a prob l e m i n D T C , Many DTC participants are either unemployed or unemployed. The probation officer will identify which participants who d o n o t h a v e f u n d i n g l for the ordered testing, with documentation. The Coordinator will be informed and then authorize services based on th i s i n f o r m a t i o n . A l s o included in this section is the in-kind court contribution for the public defender. DTC is not limited to jurldicition and there are currently 22 participants who live outside of Oakland County and not eligible f o r g r a n t f u n d i n g for treatment through OSAS. The amount quoted of $68/session if the same amount OSAS pays the vendors. AMEND TESTING; we will be utilizing RESULTS but have also started the bid process for other testing agencies to pay for EtG, U A a n d PBTs. $21,000 AMEND TREATMENT; we are starting the bid process for treatment for Intensive OF and residential programs as PACE m o n e y ( s u b s t a n c e abuse treatment funding unit in Oakland County) must be utilized first and then we can start using grant funding. $15,000 Supplies Item Computation Request Other Grantor Funding Source • . Local Cash Local In-Kind Contributlonsi Contribution Total incentives ' (participant incentive - gift cards: Meijer, Target etc) $5 x 51 = $255 (all-star random draw) $10 x 75 = $750 phase advancement $10.27 x 20 = $205 support group rneeng Big Books $20 X 80 = $1600 (graduates - mugs, sticky notes) $2,810.00 $0.00 $0.00 $0.00 $2,810,00 $2,810.00 $0.00 $0,00 $0.00 $2,810.00 ;upplies Justification Supplies Justification* Justify supply costs associated with the proposed project, These supply expenses should tie back to the Budget Request Summary and B u d g e t D e t a i l w o r k s h e e t . This item includes 200 participant incentives including AA and sobriety written material such as Big Books and other m o t i v a t i o n a l m a t e r i a l s . Also included in this line item are gift cards. The value of each incentive will not exceed $10. This fine itme includes funding for gr a d u a t i o n gifts and refereshments as well as birthday and special occasion cards for participants. AMEND: reducing the amount to $2285 rravel Type of Travel Expenses Computation Request Other Grantor Funding Source Local Cash Contributions Local In-Kind Contributions Total MAOCP conference 3 x $295 $885.00 $0,00 $0.00 $700.00 $1585.00 $885.00 1 $0.00 $0.00 $700.00 $1,585,00 'ravel Justification Travel Justification* Justify Uwef costs assoititcci with the proposed project. The co,3ts should tic back to the Budget Reque;315urninary and The Budget Detail worksheet, The travel fine item includes funding for three MADCP conference registration fees for DTC teammemebers at a cost of $295 each. In-Kind includes hotel, meals and mileage for the conference. ther Sources of Funding Other Sources of Funding* No further sources of funding. ersonnei Summary Budget Category Request Other Grant Or Funding Source Local Cash Contributions l ir In-Kind Contributions Total Cost Personnel Total $29,490.00 $0.00 $0,00 $30,870.50 $60,360.50 ringe Benefits Summary In-Kind Contributions Total Cost $7,703.00 1--$74-0 Budget Category / Request / Other Grant Or Funding Source Fringe Benefits Total $1,705.00 Local Cash Contributions $0,00 r $0.00 Total Cost' Budget Category I Request Other Grant Or Funding Source Local Cash Contributions In-Kind Contributions $38,998,00 $0.00 $0.00 up plies Summary Other Grant Or Funding Source I Local Cash Contributions In-Kind Contribution s T o t a l C o s t ! Budget Category Request Sup!)4es Total $2,810.00 $0.00 $0,00 $0.00 $2,810.00 Contractual Total $35,110.00 $3,888.00 Local Cash Contributions i In-Kind Contributions I Total Cost Total $70,000.00 $0.00 moo $43,161.50 $113,161.50 Budget Category Request Other Grant Or Funding Source ;ontractual Summary ravel Summary Budget Category Request Other Grant Or Funding Source Local Cash Contributions I In-Kind Contributions Total Cost Travel Total $885.00 $0,00 $0,00 $700,00 $1,585.00 rota! Budget Michigan Drug Court Grant Pro .'Tam 1 Allowable Expenses Lists Fiscal Year 2015 Funding Provided by State Court Administrative Office FY 2015 SCA° MDCGP Program Aflowable Expenses Page 1 ALLOWABLE/DISALLOWED LIST MDCGP Allowable • Substance use disorder treatment services • Mental health treatment services • Cognitive behavioral services and programs • Drug testing services • Drug testing supplies • Graduation awards (not to exceed $25 per award) • Refreshments for pre-approved graduation ceremonies (not to exceed $150 per graduation ceremony) o Personnel and Fringe Benefits O Consultant/Contractor not to exceed $450 per day • Police overtime for purposes of home or employment checks only (must be overtime, cannot pay regular shift time) • Up to $500 of basic office supplies (such as paper, pens, folders, calendars, or binders). This does NOT include cell phones and related expenses or equipment such as computers and printers. • GED Tests (up to 5 tests at $25 each, per participant) • Participant incentives (i.e., not to exceed $25 per incentive) • Transportation expenses for participants (such as bus passes or mileage) • Registration fees only for the MADCP conference (up to three participants) • Defense Attorney fees for the purposes of participating in team meetings and review hearings only (no individual legal services; not to exceed $100/hour or $600/month) • Transitional (also known as Three-Quarter) housing for participants (not to exceed 60 days) • Fees for obtaining birth certificate in order to get state ID or social security card, and to complete benefits forms and other legal documents (not to exceed $36 per participant) • Fees for obtaining Michigan ID (not to exceed $12 per participant) Disallowed • Drug testing confirmations • Office equipment (such as computers, copiers, printers,, cell phones and related costs, etc.) • Software (such as new software, upgrade costs, maintenance fees, etc.) • Indirect and administrative fees • Gasoline expenses • Construction or renovation a Meals and refreshments (except for approved graduation ceremonies) • Lodging, mileage, and parking costs for MADCP conference • In-state and out-of-state training, including national conferences • Memberships • Fines and Penalties (such as court fees, driver's license fees, etc.) • Lobbying • Honorariums • Attorney fees for indigent defense or prosecution • Other costs not directly related to operation of a drug court • Evaluation or evaluator expenses Note: If an item is NOT listed as an allowable expense, SCAO considers it disallowed. CONDITIONS ON EXPENSES Costs must be reasonable and necessary. All grant costs and billings will be reviewed by SCAO t o e n s u r e t h a t they reflect costs generally recognized as ordinary and necessary for the operation of the problem-sol v i n g c o u r t and reflect market prices for comparable goods or services. Additionally, the grant expenditures m u s t b e f o r goods and services that are or will be utilized for the grant period or fiscal year (October 1, 2014 to Septe m b e r 30, 2015). Billing for goods and services (i.e., bus tokens, library materials, drug testing supplies p u r c h a s e d o n September 24) that could not reasonably be used up prior to September 30 will be denied for reimbur s e m e n t . FY 2015 SCAO MDCGP Program Allowable Expenses Page 2 The following list of disallowable expenses is not exhaustive. Contact SCAO if you are not sure about an expense. If required by the parent agency, costs must be sustained by competitive bids. Individual consultant fees are limited to $450 (excluding travel, lodging and meal costs) per day, which includes legal, medical, psychological and accountant consultants. If the rate will exceed $450 for an eight-hour day, written approval is required from the State Court Administrative Office. Compensation for individual consultant services is to be responsible and consistent with that paid for similar services in the market place. NON-SUPPLANTING SCAO requires that funds not be used to supplant state, local or tribal funds. The grantee must assure that funds will not be used to replace or supplant state, local or tribal funds, but will be used to increase the amount of such funds that would, in the absence of grant funds, be made available for criminal justice activities. This means that if your court plans to: (a) Hire 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 us current budgeted (funded) level of positions; (b) Rehire personnel who have already been laid off(at time of the 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 dates(s) that the positions were laid off and rehired; (c) Maintain personnel who are (at the time of application) currently scheduled to be laid off on a future date as a result of state, local, or tribal budget cuts: It must continue to fund the personnel with its own funds from the grant award start date until the date of the scheduled lay-off (e.g., if the lay-off is scheduled for October 1, then funds may not be used to fund the personnel until October 1, the date of the scheduled lay-off), and maintain documentation showing the date(s) and reason(s) for the lay-off. [Please note that as long as your agency can document the date that the lay-off would occur if the grant funds were not available, it may transfer the personnel to the grant funding on or immediately after the date of the lay-off without formally completing the administrative steps associated with a lay-off for personnel.] Documentation that may be used to prove that the scheduled lay-offs are occurring for local economic reasons that are unrelated to the availability of grant funds may include (but are not limited to) council or departmental meetings, memoranda, notices, or orders discussing the lay-off; notices provided to the individual personnel regarding the date(s) of the layoff; and/or budget documents ordering departmental and/or jurisdiction-wide budget cuts. These records must be maintained with your court's grant in the event of an audit, monitoring, or other evaluation of your grant compliance. FY 2015 SCAO MDCGP Program Allowable Expenses Page 3 FY 2015 SCAO MDCGP Program Allowable Expenses Page 4 MICHIGAN DRUG COURT GRANT PROGRAM FY 2015 ASSURANCES 1. 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. 2. Applicants must provide assurance that all treatment programs and providers used in the drug court program are licensed and/or accredited by appropriate state government or professional agencies. 3. 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. 4. Applicants must provide assurance that 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. 5. 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., 6. 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 for the expenditure of funds for purposes identified in the budget and any budget amendments. 7. State funds may not be used to replace (supplant) funds that have been appropriated for the same purpose. 8. 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. 9. 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. 10. Applicants receiving awards from SCAO agree to utilize the SCAO Drug Court Cate'Management Information System (DCCMIS) to manage drug court cases and report all data to SCAO pursuant to MCL 600.1078. 11. 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 of DWI 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. 12. Applicants agree to participate in SCAO required training including the Bureau of Justice Assistance's Drug Court Planning Initiatives (DCPI). 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. 13. 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 pled 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,,or the 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. 14. Applicants agree that if a federal 501(03 exists or is developed for drug court purposes, or if the drug court develops a partnership with an existing 501(03, that no employee of the court will be directly involved in the operations of the 501(03. 15. 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. 16. 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. Cit OP Michigan Supreme Court State Court Administrative Office Trial Court Services Division Michigan Hall of Justice P.O. Box 30048 Lansing, Michigan 48909 Phone (517) 3734835 Jennifer Warner Director July 31, 2014 Commissioner Michael Gingell Chairperson of the Board of Commissioners 1200 N. Telegraph Rd, Bldg 12E Pontiac, MI 48341-0475 Dear Mr, Gingell: I am providing information about Assurance #3 in State Court Administrative Off i c e (SCAO) grant application materials. The assurance states that applicants must provide assurance of the intention of the jurisdiction to continue program operations if funding thr o u g h t h e S C A O is no longer available. This intention may include pursuing local funding, or other s t a t e o r federal grant funds. This assurance is also required to apply for and accept feder a l p r o g r a m funding for problem-solving courts programs. This should not be construed a s a m a n d a t e f o r future funding of a program through your funding unit If you have questions, please contact me by telephone at 517-373-6285 or by e - m a i l a t parksj@courts,mi.gov . Sincerely, Jessica Parks FISCAL NOTF KMISC . #14301) December 11, 2014 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: 52/4 DISTRICT COURT (TROY) — 2015 MICHIGAN DRUG COURT GRANT PROGRAM - 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. 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 $70,000 for the period of October 1,2014 through September 30, 2015. 2. The total program budget is for $113,162 which includes an award from SCAO of $70,000, General Fund support of $43,162 which consists of $4,588 operating support and $38,574 personnel support. 3. The grant award of $70,000 will be used to provide funding for the creation of one (1) Special Revenue (SR), part-time non-eligible (PTNE) 1,000 hours per year Probation Officer I position (#3020505-New), the continuation of one (1) SR, PINE 500 hours per year General Clerical position (#3020505-11416) and provide funding for drug testing, incentives and travel. 4. A FY 2015 budget amendment is recommended as follows: Special Revenue Fund 27167 Project #GR0000000660 Activity GLB, Analysis Type GLB, Bud Ref 2015 Revenues 3020505-121050-615571 FY 2015 FY 2015 FY 2015 Adopted Amendment Amended Grants — State $ 13,000 $ 57,000 $ 70,000 $ 13,000 $ 57,000 $ 70,000 Expenditures 3020505-121050-702010 3020505-121050-722750 3020505-121050-722770 3020505-121050-722790 3020505-121050-722820 3020505-121050-730548 3020505-121050-732018 3020505-121050-750245 Salaries Workers Compensation Retirement Social Security Unemployment Insurance Drug Testing Travel and Conference Incentives 5,766 $ 23,724 78 323 144 638 84 344 19 75 4,980 30,130 825 60 1,104 1.706 $ 29,490 401 782 428 94 35,110 885 2 810 $ 13,000 $ 57,000 $ 70,000 FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long and Quarles absent. Resolution #14301 December 11, 2014 Moved by Crawford supported by McGillivray the resolutions (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, Spisz, Taub, VVeipert, Woodward, Zack, Bosnic, Crawford. (20) 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). V/J7/ (71 HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45559A (7) 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 December 1 1 th, 2014, 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 1 l th day of December 2014, Lisa Brown, Oakland County