HomeMy WebLinkAboutResolutions - 2015.10.22 - 22052MISCELLANEOUS RESOLUTION ,#15264 October 22, 2015
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: 5211 DISTRICT COURT (NOVI) — FY 2016 MICHIGAN DRUG COURT GRANT PROGRAM —
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 52nd District Court, Division I (Novi) applied for and was awarded a grant with the State
Court Administrative Office (SCAO), Michigan Drug Court Grant Program (MDCGP) effective October 1,
2015 through September 30, 2016; and
WHEREAS the court has created a hybrid version of the Sobriety Court program to assist in addressing
the problems specifically related to illegal drugs excluding marijuana, increasing use of alcohol and illegal
drugs, use increasing recidivism, rising systems costs, and an increase in jail days ordered; and
WHEREAS the total program funding is $74,000 in grant funding from SCAO, with no required cash
match; and
WHEREAS the grant award of $74,000 will provide funding for the continuation of one (1) special revenue
(SR) full-time eligible (FTE) Probation Officer I position (#3020205-11415) to monitor the Drug Court
caseload, travel and graduation supplies; and
WHEREAS this grant is conditioned upon continued interpretation of the contract consistent with the
September 21, 2015 letter from the 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 approves the
2016 Michigan Drug Court Grant Program award from the State Court Administrative Office in the amount
of $74,000, for the period of October 1,2015 through September 30, 2016.
BE IT FURTHER RESOLVED to continue one (1) SR funded FIE Probation Officer I position in the
Probation Unit (#3020205-11415) to provide support for program activities.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment, and continuation of the special revenue position is contingent upon future levels of grant
funding.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant agreement and to approve any grant extensions or changes, within fifteen percent
(15%) of the original award, which are consistent with the original agreement as approved.
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.
GRANT REVIEW SIGN OFF — 52/1 District Court
GRANT NAME: FY 2016 Michigan Drug Court Grant Program
FUNDING AGENCY: State Court Administrative Office (SCAO)
DEPARTMENT CONTACT PERSON: Suzanne Garrett (248) 305-6071
STATUS: Grant Acceptance
DATE: September 24, 2015
Pursuant to Misc. Resolution 413180, 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 (9/21/2015)
Department of Human Resources:
HR Approved (No Committee) continues position — Lori Taylor (9/22/2015)
Risk Management and Safety:
Approved by Risk Management. — Robert Erienbeek (9/22/2015)
Corporation Counsel:
There appear to be no unresolved legal issues at this time. Heather L. Lewis (9/24/2015)
From:
To;
Cc:
Subject:
Date:
Van Pelt, Laurie M
West. Catherine A; Secontine, Julie L; Taylor, Lod; DavIs, Patricia G
forret, Suzanne Li, Black. Alexandra L; Eg2.12141,IntaLy_IS
RE: GRANT REVIEW: 52-1 District Court (Novi) - FY 2016 Michigan Drug Court Grant Program (MDCGP) -
Acceptance
Monday, September 21, 2015 5:49:00 PM
Approved.
From: West, Catherine A
Sent: Monday, September 21, 2015 4:38 PM
To: Secontine, Julie L; Van Pelt, Laurie M; Taylor, Lou; Davis, Patricia G
Cc; Garrett, Suzanne L; Black, Alexandra L; Elgrably, Kimberly K
Subject: GRANT REVIEW: 52-1 District Court (Novi) - FY 2016 Michigan Drug Court Grant Program
(MDCGP) - Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor — Julie Secontine — Pat
Davis
RE: GRANT CONTRACT REVIEW RESPONSE — 52-1 District Court-Drug Court
FY 2016 Michigan Drug 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 28, 2015
GRANT INFORMATION
Date: September 21, 2015
Operating Department: 52-1 District Court
Department Contact: Suzanne Garrett
Contact Phone: (248) 305-6071
Document Identification Number: 4640
REVIEW STATUS: Acceptance - Resolution Required
Funding Period: October 1, 2015 through September 30, 2016
Will you issue a sub award or contract: No
New Facility / Additional Office Space Needs: None
IT Resources (New Computer Hardware / Software Needs or Purchases): None
Funding Continuation/New: Funding Continuation
Application Total Project Amount: $74,000
Prior Year Total Funding: $64,998
New Grant Funded Positions Request: N/A
Grant Related Positions: Continue Position #11415, Probation Officer I
Grantor Funds: $74,000
Total Budget: $74,000
MICHIGAN SUPREME COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN DRUG COURT GRANT PROGRAM
FY 2016 CONTRACT
Grantee Name: 52-1 District Court - Adult District Drug Court
Federal ID Number: 38-6004876
Contract Number: 4640
Grant Amount: $74,000
1. GENERAL PROVISIONS
1.01 This contract is made between the State Court Administrative Office, Lansing,
Michigan (SCAO) and the 52-1 District Court - Adult District Drug 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 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 10/1/2015 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 perfoom 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 $74,000 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/0,1607,7457-13404 37161-179392--,00.htrnl.
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 stag 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 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 Departinent of Health and Human Services' (MDIRIS)
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 ILEALTH 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 falls within HIPAA,
42 CFR Part 2, and/or the Michigan Mental Health Code requirements, except to a
subrecipient subcontractor as appropriate under this contract.
13. 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
CPR 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 ILLPAA, 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 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.
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 clahned 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
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
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. 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 Suzanne Garrett, 48150 Grand River Ave,
Novi, MI 48374.
B. The SCAO's contact person is Dr. Jessica Parks, State Court Administrative
Office, Michigan Hall of Justice, P.O. Box 30048, Lansing, MI 48909.
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:
524 District Court - Adult District 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 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
ATTACHMENT A
MICHIGAN DRUG COURT GRANT PROGRAM
FY 2016 REPORTING REQUIREMENTS
October 1, 2015 through September 30, 2016
" CMIS :DATA. EXCEPTION REPORT
DUE DATE NOTE
February 15,2016 Courts will be reviewing error reports reflecting data entered into DCCMIS 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 DCCMIS for the
time period of April J., 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.
• CCMIS USER-A ' ''"
DUE DATE NOTE
January 31,2016 Courts will be confirming user access to DCCMIS.
. iciArms'REpogrs.:
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.
July 10, 2016 Courts will be reporting expenditures from April 1, 2016, through June 30, 2016.
October 10, 2016 Courts will be reporting expenditures from July 1, 2016, through
September 30, 2016.
•OGRE:WREPOR : . , ..
DUE DATE NOTE
April 30, 2016
Interim Report
Courts will be reporting on progress made during the first half of the grant period -
October 1, 2015, through March 31, 2016.
October 30, 2016
Final Report
Courts will be reporting on progress made during the second half of the grant
period - April 1, 2016, through September 30, 2016.
Michigan Drug Court Grant Program
Allowable Expenses Lists
Fiscal Year 2016
Funding Provided by
State Court Administrative Office
FY 2016 SCAO MDCGP Program Allowable 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)
▪ Personnel and Fringe Benefits
• 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 (test cost only)
a Participant incentives not to exceed $25 per incentive)
• Transportation expenses for participants (such as bus
passes or mileage reimbursement)
• 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.
Maximum of $600 per month.)
• Transitional (also known as Three-Quarter) housing for
participants (not to exceed 60 days per participant)
• 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
• 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 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 services. Additionally, the grant expenditures must be for
goods and services that are or 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 purchased on
September 24) that could not reasonably be used up prior to September 30 will be denied for reimbursement.
FY 2016 SCA° MDCGP Program Allowable Expenses Page 2
This 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 its
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 he 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 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 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 2016 SCAO MDCGP Program Allowable Expenses Page 3
MICHIGAN DRUG 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 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 SCA°.
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 Case 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(c)3, 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 SCA° 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
Dox 30048
Lansing, Michigan 48909
Phone (517) 373-4835
Jennifer Warner
Director
September 21, 2015
Commissioner Michael Gingell
Chairperson of the Board of Commissioners
1200 N, Telegraph Rd, Bldg 12E
Pontiac, M1 48341-0475
Dear Mr. Gingen:
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@coutts.mi, goy,
Jessica Parks
-
FISCAL NOTE (MISC. #15264) October 22, 2015
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: 52/1 DISTRICT COURT (NOVI) — FY 2016 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 52 nd District Court, Division I (Novi) has received a grant award from the State Court
Administrative Office (SCAO), Michigan Drug Court Program in the amount of $74,000 for the
period of October 1, 2015 through September 30, 2016.
2. The total program budget is for $74,000 which includes $2,252 in operating expenses and
$71,748 in personnel costs.
3. The grant will provide continued funding for one (1) Special Revenue, full-time eligible Probation
Officer L position (#3020205-11415).
4. A FY 2016 budget amendment is recommended as follows:
FY 2016 FY 2016
Adopted Amendment Amended
Drug Court Dist 52 1 Probation (Fund #27151)
District Court 52-1 Novi
Grant #0R0000000661 Activity GLB, Analysis Type GLB, Bud Ref 2016
Revenue
3020205-121060-615571 Grants — State
Total Revenues
$ 64,998 $9,002 $74,000
$ 64,998 $9,002 $74,000
Expenditures
3020205-121050-702010
3020205-121050-722740
3020206-121050-730548
3020205-121050-731818
3020205-121050-732018
Salaries
Fringe Benefits
Drug Testing
Special Event Program
Travel and Conference
Total Expenditures
$34,896 $ 10,323
30,102 (3,573)
0 1,080
0 582
0 590
$64,298 $ 9,002
$45,219
26,529
1,080
582
590
$74,000
NCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kowall and Quarles absent.
Resolution #15264 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).
Jacp.„-c,0
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