HomeMy WebLinkAboutResolutions - 2015.10.22 - 22050MISCELLANEOUS RESOLUTION #15262
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: CIRCUIT COURT — 2016 MICHIGAN MENTAL HEALTH DRUG COURT GRANT PROGRAM
(ADULT TREATMENT COURT) — GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Circuit Court applied for and was awarded a grant with the State Court Administrative
Office (SCAO), Michigan Mental Health Court Grant Program (MMHCGP), with a grant period of October
1, 2015 through September 30, 2016; and
WHEREAS the total program funding is $60,000, with no required grant match; and
WHEREAS this is the 8th year of grant acceptance for this program; and
WHEREAS this award would allow the Adult Treatment Court (ATC) to create the capacity to treat
offenders with co-occurring disorders (mental health and substance abuse); and
WHEREAS the award will be used to purchase contractual services from Community Mental Health in the
form of a Court Liaison position which is expected to serve and assist the ATC Team via assessments,
court testimonies, consultations, progress updates, crisis intervention, community referrals, and
coordinate care throughout Oakland County Community Mental Health Authority's (OCCMHA) network of
Core Provider Agencies (CPA), and bridge the gaps between the Court and Mental Health systems. It will
also be used to provide drug screens and bus passes for clients; and
WHEREAS the grant award has been processed through the County Grant Review Process in
accordance with the Board of Commissioners Grant Acceptance Procedures; and
WHEREAS this grant is conditioned upon continued interpretation of the contract consistent with the
September 21, 2015 letter from the Michigan SCAO, providing that assurance *3 of this year's grant
application and agreement shall not be construed as a mandate for future funding of the program from the
funding unit, said letter attached hereto and incorporated by reference herein.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
2016 Michigan Mental Health Court Grant Program (MMHCGP) from the State Court Administrative Office
(SCAO) in the amount of $60,000 for the period of October 1, 2015 through September 30, 2016.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the contract agreement and that the chairperson may approve amendments and extensions up to
fifteen (15%) percent variance from the award, consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any further
commitment.
Chairperson, on behalf of the Public Services Committee I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with Dwyer absent.
October 22, 2015
GRANT REVIEW SIGN OFF — Circuit Court
GRANT NAME: FY 2016 Michigan Mental Health Court Grant Program (MMEICGP)
FUNDING AGENCY: State Court Administrative Office
DEPARTMENT CONTACT PERSON: Jackie Howes-Evanson / John Cooperrider 2-2154 / 8-0256
STATUS: Grant Acceptance
DATE: September 28, 2015
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 (9/24/2015)
Department of Human Resources:
HR Approved (No Committee) — Lori Taylor (9/23/2015)
Risk Management and Safety:
Approved by Risk Management — Robert Brienbeck (9/23/2015)
Corporation Counsel:
There appear to be no unresolved legal issues at this time. — Heather L. Lewis (9/28)2015)
From: Van Pelt. Laurie M
To: West, Catherine A
Cc: Seccntine lulie L; Taylor, Lori.; Davis. Patricia G; C000errider, John L; ,Idgwes-EyansOn, 3acaueline A; ZigALy_,r I
Kimberly K; Metrick Tamm\L A
Subject: Re: GRANT REVIEW: Circuit Court - 2015 Michigan Mental Health Court Grant Program - Acceptance
Date: Thursday, September 24, 2015 2:07:12 PM
Approved.
Sent from my iPhone
On Sep 23, 2015, at 7:33 AM, West, Catherine A <westca@oa gov.com > wrote:
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS —Laurie Van Pelt —Lori Taylor — Julie
Secontine — Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Circuit Court
2016 Michigan Mental Health Court Grant Program
State Court Administrative Office (SCAO)
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: September 30, 2015
GRANT INFORMATION
Date: September 23, 2015
Operating Department: Circuit Court
Department Contact: John Cooperrideraacqueline Howes-Evanson
Contact Phone: x80256/x22154
Document Identification Number: 4932
REVIEW STATUS: Acceptance — Resolution Required
Funding Period: October 1, 2015 through September 30, 2016
New Facility / Additional Office Space Needs: N/A
IT Resources (New Computer Hardware / Software Needs or Purchases): N/A
Funding Continuation/New: Continuation
Application Total Project Amount: $60,000
Prior Year Total Funding: $ 60,000
New Grant Funded Positions Request: N/A
Changes to Current Positions: N/A
Grantor Funds: $60,000
Total Budget: $60,000
Match and Source: N/A
MICHIGAN SUPREME, COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN MENTAL HEALTH COURT
GRANT PROGRAM
FY 2016 CONTRACT
Grantee Name: 6th Circuit Court - Adult Mental Health Court
Federal ID Number: 38-6004876
Contract Number: 4932
Grant Amount: $60,000
1. GENERAL PROVISIONS
1.01 This contract is made between the State Court Administrative Office, Lansing,
Michigan (SCAO) and the 6th Circuit Court - Adult Mental Health Court.
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 Mental Health 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 10/1/2015 and terminates on 9/30/2016 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 of this 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 SCAO.
5. PERFORMANCE AND BUDGET
5.01 The SCAO agrees to provide the Grantee a sum not to exceed $60,000 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.miehigangov/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
program or service to a comparable secular alternative program or service.
7. ASSIGNMENT
7.01 The Grantee may not assign the performance under this contract to subcontract
personnel except with the prior written approval of the SCAO.
7.02 All provisions and requirements of this contract shall apply to any subcontracts
or agreements the Grantee may enter into in furtherance of its obligations under the contract.
7.03 The Grantee shall provide copies of all 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 infomiation 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 infoimation
may be disclosed in summary, statistical, or other foini, 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 Health and Human Services' (MDHEIS)
Institutional Review Board (MB) for approval prior to the initiation of the research.
- ILO. 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 (FLIPAA), 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 falls within FITPAA,
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
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 CFR Part 2, and/or
Michigan Mental Health Code requirements. The policies and procedures must
meet all applicable federal and state requirements including HIPAA, 42 CFR Part
2, and/or Michigan Mental Health Code regulations. These policies and
procedures must include restricting access to the protected data and information by
the Grantee's employees.
E. The Grantee must have a policy and procedure to report to the SCAO
unauthorized use or disclosure of protected data and information that falls under
HIPAA, 42 CFR Part 2, and/or Michigan Mental Health Code requirements of
which the Grantee becomes aware.
F. Failure to comply with any of these contractual requirements may result in the
termination of this contract in accordance with section 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 subreeipient 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 detatmining and acquiring copyright,
patent, or other such protection at the SCAO' s invitation and request.
12.03 The Grantee represents and warrants that there are at present no such writings,
inventions, improvements, or discoveries (other than in a copyright, copyright application, patent,
or patent application) that were written, conceived, invented, made, or discovered by the Grantee
or the Grantee's employees before entering into this contract, and which the Grantee or the
Grantee's employees desire to remove from the provisions of this contract, except those
specifically set forth by attachment hereto.
13. INSURANCE
13.01 The Grantee should carry insurance coverage or self-insurance in such amounts
as necessary to cover all claims arising out of the Grantee's operations under the terms of this
contract.
14. INDEMNITY
14.01 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, charges, and
expenses (including, but not limited to, fees and expenses of attorneys, expert witnesses, and
other consultants) resulting from claims, demands, costs, or judgments arising out of activities or
services carried out by the SCAO in the performance of this contract, shall be the responsibility
of the SCAO, and not the responsibility of the Grantee. Nothing in this subsection is, nor shall be
construed as, a waiver of governmental immunity.
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 perfoiniance 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, RECORDKEEPING, AND INSPECTION
15.01 The Grantee agrees that all expenditures from this contract, including the
acquisition of personnel services, contractual services, and supplies, shall be in accordance with:
(1) the standard procedures of the Grantee's funding unit, and (2) the administrative and budget
requirements of the grant.
15.02 The Grantee agrees to maintain accounting records following generally accepted
accounting principles for the expenditure of funds for the purposes identified in the approved
grant request, 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 thicontract, for five years after final payment at
the Grantee's cost. Federal and/or state auditors, and any persons duly authorized by the SCAO,
shall have full access to and the right to examine and audit any of the materials during the term
of this contract and for five years after final payment. If an audit is initiated before the
expiration of the five-year period, and extends past that period, all documents shall be
maintained until the audit is complete. The SCAO shall provide audit findings and
recommendations to the Grantee. The SCAO may adjust future or final payment 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 or 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.
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.
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. ANIENDMIENT
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 Jacqueline Howes-Evanson, 1200 N.
Telegraph Rd., Pontiac, MI 48341.
B. The SCAO's contact person is Dr. Jessica Parks, State Court Administrative
Office, Michigan Hall of Justice, P.O. Box 30048, Lansing, M148909.
27. SIGNATURE OF PARTIES
27.01 This contract becomes effective when signed by the parties.
IN WITNESS WHEREOF, the SCAO and the Grantee have executed this contract:
6th Circuit Court - Adult Mental Health 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 be a judge or other state employee. The
authorizing official is normally from the Executive or Legislative Branch of the entity (e.g., City
Manager, Mayor, Council President, Board Chairperson, Chief Financial Officer, etc.).
STATE COURT ADMINISTRATIVE OFFICE
By: Date:
Chief Operating Officer
DUE DATE NOTE
DCCINTIS: USER ATJDIT
January 31,2016 Courts will be confirming user access to DCCMIS.
ATTACHMENT A
MENTAL HEALTH COURT GRANT PROGRAM FY 2016 REPORTING REQUIREMENTS
October 1, 2015 through September 30, 2016
DCCIVIES DATA EXCEPTION REPORTS
DUE DATE NOTE
February 15, 2016 Courts will be reviewing error reports reflecting data entered into DCC1VIIS for the
time period of October 1, 2015, through December 31, 2015.
May 15, 2016 Courts will be reviewing error reports reflecting data entered into DCCMIS for the
time period of January 1,2016, through March 31,2016.
August 15, 2016 Courts will be reviewing error reports reflecting data entered into DCCM[S for the
time period of April 1, 2016, through June 30, 2016.
November 15, 2016 Courts will be reviewing error reports reflecting data entered into DCCMIS for the
time period of July 1, 2016, through September 30, 2016. 1
CLAINIS REPORTS
DUE DATE NOTE
January 10, 2016 Courts will be reporting on expenditures from October 1, 2015, through
December 31, 2015.
April 10, 2016 Courts will be reporting on expenditures from January 1, 2016, through
March 31, 2016.
Jul 10,2016 Courts will be re sortin: e eenditures from A • ril 1,2016, throu!h June 30, 2016.
October 10, 2016 Courts will be reporting expenditures from July 1, 2016, through
Se a tember 30,2016.
PROGRESS REPORTS I.
DUE DATE NOTE
April 30, 2016
Interim Report
October 30, 2016
Final Report
Courts will be reporting on progress made during the first half of the grant period -
October 1, 2015, through March 31, 2016.
Courts will be reporting on progress made during the second half of the grant
period - April 1, 2016, through September 30, 2016.
Mental Health Court
Grant Program
Allowable Expense List
Fiscal Year 2016
Funding Provided by
State Court Administrative Office
FY 2016 SCAO Mental Health Court Program Allowable Expenses Page 1
Mental Health Court
ALLOWABLE
Mental Health Treatment*, including psychiatric and e Personnel
residential services • Contractual employee(s)/service(s)
• Clinical assessment* required for admission 6 Intentives (up to $25 per participant, per
• Case Ma nagernept* incentive)
• Peer Support* 0 Graduation award (up to $25 per participant)
• Substance Use Disorder 'Treatment*, including • Food/Beverage for graduation ONLY
residential services • Transportation for participants, including bus
• Cognitive behavioral services and programs passes, bus tokehs, mileage for home checks
• Drug testing and/or transporting participants to/from MHC
0 Drug testing supplies related attivities
* Monitoring devices: .GPS/cram/Tethers • Handbooks
* Medication*: 60 day supply) direcfy related to 0 Brochures
mental health disorder (All insurance options or 0 Emergency housing: 5 days, per participant, per
other sources of funding must be exhausted prior to dUarterl
spending.) 0 Transitional Housing: up to 60 days per
• Defense attorney fees-FOR ATTENDANCE AT participant; per FY contract
STAFFING MEETING AND REVIEW SESSION-NO 0 Mental health conference/training registration:
•INDIVIDUAL LEGAL SERVICE PROVIDED; not to exceed pre-approval required by SCAO
of $100 pet hoOr or a total of $600 per Calendar 0 GED tests ONLY
• month • Dental expenses-MUST RECEIVE PRIOR APPROVAL
• Defense attorney fees-assistance with pending legal FROM SAO FOR:EACH INVOICE
cases for active pa rticipants-MUST RECEIVE PRIOR • Basic Office Supplies (tip to $500 per year, pens,
APPROVAL FROM SCAO paper, or folders, No equipment or items related
• Participant supplies (day planners, folders, etc.) to equipment, sUch as to:ner, etc.)
*ALL treatment/service rates must be based On the Community Mental Health Services Programs Report, 2013 and include
HPCPS codes for each treatment/service type. To account for inflation, budges may include up to a 5% increase to the
treatment/service rate referenced in the above listed report. Once the 2014 Community Mental Health Services Programs
Report is releated, a dontract amendment can be completed to adjust for any changes in the rates per service.
bISALLOWABLE
• Prosecution fees 0 Lohbying
• Evaluations or evaluator fees * Out of state travel
0 Rent • Management studies or research and
0 Any pense incurred prior to the date of contract development
• Indirect costs/rates or indirect administration 0 Honorariums
expenses (only direct costs permitted) 6 Fines/penalties
• Contributions and/or donations • Costs in applying for this grant
• Office equipment and accessoHes (computers, • Losses from uncollectable debts
copiers , phones, printers , faxes, tOner, etc.) 6 Memberships and/or agency clues
• Software or maintenance fees • Other costs not directly related to operations of a
mental health court
Note: if an item is NOT listed as an allowable supply or operating expense, SCAO considers it
disallowed,
FY 2016 SCAO Mental Health Court Program Allowable Expenses Page 2
CONDITIONS ON EXPENSES
Costs must be reasonable and necessary, All grant costs and billings will be revieWed by SCA()
to ensure that they reflect costs generally recognized as ordinary and necessary for the operation
of the problem-solving court and reflect market prices for comparable goods or serviees.
Additionally, the grant expenditures must be for goods and services that steer will be utilized
for the grant period or fiscal year (October 1, 2015 to September 30, 2016). Billing for goods
and services (i.e., bus tokens, library materials, drug testing supplies on September 24) that could
not reasonably be used up prior to September 30 will be denied for reirnbursement, The above
list of disallowable expenses is not exhaustive. Contact SCAO if you are not sure about an
expense. Tfrequired by the parent a.gency, 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 respansible and consistent with
that paid for similar services in the market place.
NON -SUPPLANTING
8CAO 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) }lire new positions (including filling existing vacancies that are no longer funded
in your agency's budget): It must hire these additional positions on or after the
official grant award start date, above its current budgeted (funded) level of
positions;
(b) Rehire personnel who have carecey been laid off (at time of the application) as a
result of state, local, or tribal budget cuts: ft 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 futzwe date as a result of state, local, or tribal budget guts: 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 rnay not be used to fund the personnel until October I, 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
AT 2016 SCAO Mental Health Court Program Allowable Expepses Page 3
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 he 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 depaitinental 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 2016 SCAO Mental Health Court Program Allowable Expenses Page 4
MICHIGAN MENTAL HEALTH COURT GRANT PROGRAM FY 2016
ASSURANCES
1. Applicants must provide assurance that there has been, and will continue to be,
appropriate consultation with all affected agencies ill planning and implementation of the
mental health court program_ Applicants are required to have a current Memorandum of
Understanding that should include the local prosecuting attorney and/or city attorney, a
public defense attorney, the CMHSP, the substance abuse coordination agency, as well as
other parties considered necessary to successful planning and implementation.
2, Applicants must provide assurance that all treatment programs and providers used in the
mental health court program are licensed and/or accredited by the 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 Mental Health Court Grant Program
"(MMITCGP) 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. Bach applicant court should have a copy of their Equal Employment
Opportunity plan on tile 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
MMHCGP for lobbying and that they will disclose any lobbying activities related to the
MIMHCGP.
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 find
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 havp been appropriated for
the same purpose.
NOTE: With regard to funding for CivITISP mental health treatment, the s'efunds are
intended to supplement CMBSP capacity for treatment services. As a condition of
award, CMHSP must commit to use of these Ands as last source after coordination of
benefits (including Medicaid) and utilizing CMHSP funds for the treatment costs of
participants that represent priority populations based on the mental health code.
8. Recipients of funding will assure that the Michigan Supreme Court, the SCAO, the local
government audit division of the Michigan Depal talent of Treasury, the State Auditor
General, or any of their duly sworn 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 mental health 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 Drug Court Case
Management Information System (DCCM1S) to manage mental health court cases and
report all data to the SCAO.
11. Applicants who receive funding from the M=MHCGP must plan, design, and operate their
programs according to the Essential Elements of a Mental Health Court. Additionally,
applicants agree to follow all applicable state laws, court rules, and administrative orders
pertaining to the operation of a mental health court and adjudication of related cases.
12. Applicants agree to participate in required training as scheduled and/or recommended by
SCAO.
13. Applicants agree that if a federal 501(0)3 exists or is developed for mental health court
purposes, or if the MHC court develops a partnership with an existing 501(c)3, that no
employee of the court will be directly involved in the operations of the 501(0)3.
14. The SCAO may suspend funding in whole or in part or terminate funding for the
following reasons:
a. Failure to comply substantially with the requirements of the grant program, which
includes the submission of the required reports submitted within the time frames
listed on page four.
b. Failure to make satisfactory progress toward the goals or strategies set forth in
this application.
c. Failure to adhere to the requirements of the grant contract.
d. Proposing or implementing substantial plan 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.
15. 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 mental health court
grant project. The financial officer is the individual who is fiscally responsible for this
project, and is responsible for accountability for the grant funds. The authorizing
official is the individual authorized by the court to enter into this agreement. The SCAO
prohibits the same individual from signing in more than one capacity.
Michigan Supreme Court
State Court Administrative Office
Trial Court Services Division
Michigan Hail of Justice
P.O. Box 30048
Lansing, Michigan 48909
Phone (517)373-4835
Jennifer Warner
Director
September 21, 2015
Commissioner Michael Gingell
Chairperson of the Board of Commissioners
1200N. Telegraph Rd, Bldg 12E
Pontiac, M148341-0475
Dear Mr. Gingell:
I am providing information about Assurance #3 in State Court Administrative Office
(SCAO) grant application materials. The assurance states that applicants must provide assurance
of the intention of the jurisdiction to continue program operations if funding through the SCAO
is no longer available, This intention may include pursuing local funding, or other state or
federal grant funds. This assurance is also required to apply for and accept federal program
funding for problem-solving courts programs. This should not be construed as a mandate for
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-mail at
parksj @co urts.rai, gov.
Jessica Parks
FISCAL NOTE (MUG . /15262)October 22, 2015
BY: Finance Committee, Thomas 'Middleton, Chairperson
IN RE: CIRCUIT COURT - 2016 MICHIGAN MENTAL HEALTH DRUG COURT GRANT PROGRAM
(ADULT TREATMENT COURT) - GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Circuit Court has received a grant from the State Court Administrative Office (SCAO) in the
amount of $60,000 for the period of October 1,2015 through September 30, 2016.
2. This is the eighth (8 th) year Circuit Court has received this grant award.
3. The grant award of $60,000 will be used to fund drug screens, professional services and bus
passes for participants.
4. The FY 2016 budget reflects the $60,000 award; therefore no budget amendment is required.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kowall and Quarles absent.
Resolution #15262 October 22. 2015
Moved by Spisz supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gingell, Gosselin, Hoffman, KowaII, Long, Matis, McGillivray, Middleton,
Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
,530 3
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A(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 October 22,
2015, 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 22nd day of October 2015.
Lisa Brown, Oakland County