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HomeMy WebLinkAboutResolutions - 1994.04.28 - 23984MISCELLANEOUS RESOLUTION 94119 ' BY: LARRY CRAKE, COMMISSIONER DISTRICT #4 IN RE: COMMUNITY CORRECTIONS PLAN - FUNDING LEVEL REVISION AND CONTRACT APPROVAL TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, by Miscellaneous Resolution #94101, adopted April 14, 1994, the Oakland County Board of Commissioners approved funding for the Community Corrections Plan from the State Office of Community Corrections in the amount of $864,231 for the period April 1, 1994 through September 30, 1994, and WHEREAS, the resolution included the creation of a Community Corrections Administrator position, with support staff consisting of a Clerk III position and a Co-op Student position, and WHEREAS, the State Office of Community Corrections has submitted a contract to be signed by the Chairperson of the Board of Commissioners, and WHEREAS, the contract reflects a reduced level of funding in the amount of $786,264, due to a time lapse in the process of approving the Community Corrections Plan, which is detailed in the attached schedule, and WHEREAS this contract has been reviewed and approved in accordance with the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the contract and accepts funding for the Community Corrections Plan in the amount of $786,264. BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of funding available from the State for the Community Corrections Plan. Chairperson, I move the adoption of the foregoing resolution. 11/171/ I:\LAVE\CCP\REVFUNDS.RES ij L___ OAKLAND COUNTY, MICHIGAN COMMUNITY CORRECTIONS COMPREHENSIVE PLAN FUNDING FOR THE PERIOD 4/1/94 - 9/30/94 AS APPROVED BY THE STATE OFFICE OF COMMUNITY CORRECTIONS g. PROGRAM Comm. Serv. Prog. Employment & Training Pretrial Program Intake & Assessment Female Employment Pro Jail Expansion Administration Costs Computer Assessment APPROVED FUNDING (as of 4/14/94) $15,000 (6/mths.) 34,000 (6/mths.) 158,132 (4/mths.) 41,067 (4/mths.) 114,932 (4/mths.) 0 72,500 (5/mths.) 10,000 (l/mth.) REVISED FUNDING (per State Contract) $12,500 (5/mths.) 28,300 (5/mths.) 158,132 (4/mths.) 41,067 (4/mths.) 114,932 (4/mths.) 0 72,500 (5/mths.) 10,000 (1/mth.) VARIANCE ($2,500) (5,700) 0 0 0 0 0 TOTAL CP/S * Probation Residental Svc GRAND TOTAL $445,631 418,600 (6/mths.) $864,231 (s8,200) 348,833 (5/mths.) (69,767) ($77,967) $437,431 $786,264 * Comprehensive Plans and Services AGREEMENT BETWEEN THE STATE OF MICHIGAN OFFICE OF COMMUNITY CORRECTIONS AND OAKLAND COUNTY COMPREHENSIVE CORRECTIONS PLANS FEDERAL IDENTIFICATION NUMBER: 38-6004876 This agreement made and entered into on by and between the State of Michigan, Office of Community Corrections, hereafter referred to as the STATE, and: Oakland County 1200 North Telegraph Road Pontiac, MI 48341 hereafter referred to as the CONTRACTOR. WITNESSETH: In consideration of the mutual promises, covenants, and representations, herein contained, the parties hereto agree as follows: SECTION 1 - STATEMENT OF PURPOSE WHEREAS, a Community Corrections Advisory Board representing: Oakland County has been established pursuant to the provisions of Section 7 of Act 511 of the Public Acts of 1988; and whereas a local Comprehensive Corrections Plan has been developed which outlines local goals, objectives, and priorities to decrease prison admissions and increase utilization of community based sanctions and services for non-violent offenders; and whereas the State Community Corrections Board has approved the local Comprehensive Corrections Plan and the award of Fiscal Year 1993-1994 Community Corrections funds to the CONTRACTOR for implementation of the plan; this agreement defines the roles and responsibilities of the CONTRACTOR and the STATE and the terms and conditions which apply during the term of this agreement. SECTION 2 - STATEMENT OF WORK 1. The CONTRACTOR shall maintain policies and procedures and deliver services to eligible offenders in accord with the goals and objectives, standards and policies as set forth in Act Number 511 of the Public Acts of 1988, the Fiscal Year 1993-1994 Appropriations Act, the CONTRACTOR's Comprehensive Corrections Plan, the CONTRACTOR's Fiscal AGREEMENT BETWEEN THE OCC AND OAKLAND COUNTY PAGE 3 approval by a judge). Probation violators with a technical violation and a sentencing guideline score of 0-3 on the original charge are not eligible. (4) Referral of probation boot camp graduates will be in accord with the condition of sentence and Michigan Department of Corrections policies for SAI aftercare services. 2. The CONTRACTOR shall provide services and ensure program and fiscal accountability in accordance with the STATE'S MINIMUM PROGRAM AND FINANCIAL STANDARDS presented in Rider A. 3. The CONTRACTOR shall submit monthly fiscal reports to the STATE. The format and content of the reports are prescribed within the Riders attached hereto. 4. The CONTRACTOR shall submit offender profile and program participation data to the STATE on a monthly basis. 5. Fiscal reports and program data are to be submitted by the 15th day of the month subsequent to the reporting period on the forms or in the format provided by the STATE. 6. The CONTRACTOR shall submit quarterly narrative reports to the STATE by the 15th day of the month following each quarter. The reports are to provide information and analyses relative to services established and/or provided, the utilization of services, and the impacts of the various policies programs on prison admissions and jail utilization. The narrative reports should also include proposed program or budget modifications, when appropriate. SECTION 3 - SERVICES TO BE PROVIDED BY THE STATE For the purpose of this agreement, the STATE agrees to perform and/or provide the following: 1. The STATE shall appoint a STATE liaison who will provide assistance to the CONTRACTOR and monitor progress of the CONTRACTOR during the term of the contract. 2. Program and contract administration guidelines and standards. 3. Technical assistance and training. 4. Reports of county and statewide program activity and analyses of program impact. The data and information to be included in the reports includes that which is derived from the Jail Population Information System, the Community Corrections Information System, and the Depart- ment of Corrections' data systems. AGREEMENT BETWEEN THE OCC AND OAKLAND COUNTY PAGE 5 The CONTRACTOR shall ensure timely and appropriate resolution of negative audit findings and recommendations. One copy of the audit shall be furnished to the CONTRACTOR and to the STATE. Audits will be available to the public under the Freedom of Information Act. SECTION 7 - TERMINATION This agreement shall continue in force and govern all transactions between the parties hereto until canceled or terminated by either party, but it is agreed that either party shall have the privilege, with or without cause, to cancel and annul this agreement at any time upon written notice to the other party. If notice is so given, this agreement shall terminate upon the expiration of thirty (30) days from the date of the notice and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination. The STATE may void this contract if the CONTRACTOR or any subcontractor, manufacturer, or supplier of the CONTRACTOR, appears in the register compiled by the Michigan Department of Labor pursuant to Public Act 278 of 1980, as amended, Contracts with Employers Engaging in Unfair Practices Act, (MCLA 423.321 et seq). SECTION 8 - SUBCONTRACTING AND ASSIGNABILITY The CONTRACTOR shall not assign this agreement for the purpose of ful- filling this agreement without the prior written permission of the STATE. The CONTRACTOR is authorized to enter into subcontracts for the purposes of implementing programs and services identified in the approved Plan. SECTION 9 - AMENDMENTS OR CHANGES IN AGREEMENT This instrument, including Riders, contains the entire agreement between the parties and no statement, promises, or inducements made by either party or agent of either party that are not contained in this written agreement shall be valid or binding; and this agreement may not be enlarged, modified or altered except in writing and except as to the administrative rules of the STATE at such time such rules are promulgated. Any mutually agreeable change to the terms of this agreement must be in the form of a written amendment to the agreement and signed by the signatories to this agreement prior to the implementation of the change. AGREEMENT BETWEEN THE OCC AND OAKLAND COUNTY PAGE 7 SECTION 13 - EMPLOYMENT OF RETIRED STATE EMPLOYEES The CONTRACTOR shall submit a monthly report to the STATE, not later than the fifth (5th) day of each month for the duration of this agreement, regarding employment of individuals who have retired from State service under the provisions of MCL 38.19a. This report shall identify those persons formerly employed by the State of Michigan who retired between June 2, 1984, and September 30, 1984, under the provisions of MCL 38.19a and who are currently receiving remuneration from the CONTRACTOR. The report shall include only the names of those persons under sixty-two (62) years of age who have performed a portion of the work required by this contract and have also received remuneration, therefore, during the time period covered by the report. If no such individuals are employed by the CONTRACTOR, a report is not required. Each report shall contain the following information: 1. Office of Community Corrections contract number. 2. Name of reporting CONTRACTOR. 3. Total original dollar amount of agreement. 4. Name and Social Security number of retiree(s) receiving remuneration. 5. Month during which remuneration was paid. 6. The report is to be legibly signed by a representative of the CONTRACTOR and dated. SECTION 14 - LIABILITY All liability, losses, or damages resulting from claims, demands, costs, or judgments arising out of personal and/or bodily injuries or property damage resulting from the acts, omissions or negligence of the CONTRACTOR, the CONTRACTOR's officers or employees in carrying out the obligations of the CONTRACTOR under this Agreement shall be the responsibility of the CONTRACTOR, and shall not be the responsibility of the STATE. It is, however, expressly understood and agreed that nothing herein shall be construed as a waiver of any governmental immunity the CONTRACTOR has as provided by statute or modified by Court decisions which shall be asserted to the maximum extent permissible. SECTION 15 - RECORD RETENTION The CONTRACTOR agrees to keep complete and accurate books of account and to make them available to the STATE for audit. All such records, documents, and financial statements pertinent to this agreement shall be retained for a period of six (6) years unless audited before then. AGREEMENT BETWEEN THE OCC AND OAKLAND COUNTY PAGE 9 However, it is expressly agreed and understood that these contact persons shall have no authority to legally bind the CONTRACTOR and the STATE unless expressly stated herein. SECTION 21 - CERTIFICATION The persons signing this Agreement on behalf of the STATE and the CONTRACTOR certify by said signatures that they are duly authorized to sign on behalf of said parties and that this Agreement has been authorized by said parties. IN WITNESS WHEREOF, the STATE and the CONTRACTOR have caused this agree- ment to be executed by their respective officers duly authorized to do so. OAKLAND COUNTY OFFICE OF COMMUNITY CORRECTIONS Authorized Signature Date Ronald E. Kivi Date Signature of Witness Date Signature of Witness Date R-A 2 9. Provide a complete client record management system which protects client confidentiality and provides a complete and total record of all program activity for each client. 10. Provide for thorough client statistic compilation, analysis and reporting consistent with administrative policies set by OCC. 11. Participate in complete program reviews as prescribed by the local advisory board and OCC. 12. Conduct a formal on-site assessment of each subcontractor's performance each fiscal year, addressing both program operations and fiscal administration of contractors. At a minimum, the assessment measurements should include: A. Compliance with contract specifications; B. Compliance with generally-accepted accounting principles; C. Compliance with pertinent OCC Rules, Policies, Standards and Procedures; D. Compliance with applicable licensure requirements; E. Compliance with pertinent Federal and State statutes; and F. Progress in resolving corrective actions required by prior assessments. 13. Provide a written report to OCC regarding any subcontractors who are out of compliance; recommendations provided to the agency for improving performance; and deadlines for implementation. The subcontractor must provide a written report to the contractor as to corrective actions taken to address the areas of non-compliance and a timetable for resolving outstanding issues identified by the contractor. 14. Meet all requirements of the applicable guidelines set forth in all sections of this and other OCC policy documents. R-A 4 (4) Procedures to minimize the time between receipt of revenues from OCC and disbursement of payments to ensure that services can be provided without interruption. (5) Monthly reporting of the financial status of each grant/contract in accordance with OCC's reporting requirements, including a comparison of actual expenditures with budgeted amounts for each grant/contract, projection of actual expenditures through contract closure; and processing requests for budget amendments prior to the third quarter of the contract's fiscal year. (6) Effective control over and accountability for all grant/contract funds and real property acquired. (7) Timely preparation of year-end close-out report(s) within 30 days of the termination date of the contract. F. Procedures for procurement shall be established which will avoid the purchase of unnecessary or duplicative items. When feasible and cost-effective, local agencies shall participate in state and/or local intergovernmental agreements for procurements of equipment and supplies. G. Any reallocation of funds in a county approved plan and a budget, within or between programs, requires the prior written approval of the STATE. H. Financial obligations incurred after the effective grant termination date will the responsibility of the CCAB or the nonprofit service provider. I. Community Corrections funds may be used as matching funds to acquire additional resources from both public and private sources. Those additional resources are to be used to provide additional services to the targeted population. J. Financial records shall be maintained for a minimum of six years. K. A record of all income derived from rent, fines, client contributions or other sources shall be maintained. The OCC shall issue procedures for recording program income in accordance with OCC policies and procedures. L. All grant-related equipment or other personal property purchases in excess of $500, purchased with OCC grant monies, must receive the prior approval of the OCC. Such purchases shall revert to the State of Michigan in the event the programs funded by the grant are discontinued. RIDER B COMMUNITY CORRECTIONS PLANS AND SERVICES CONTRACTOR: OAKLAND COUNTY The following are additional terms and conditions which apply to the Fiscal Year 1993-1994 Community Corrections Plans and Services funds which have been awarded to the CONTRACTOR by the State Community Corrections Board. STATEMENT OF WORK The CONTRACTOR shall implement policies and procedures and deliver services to eligible offenders in accord with the goals and objectives, standards and policies as set forth in Public Act 511 of the Public Acts of 1988, the provisions of the State Appropriations Acts, the CONTRACTOR's Comprehensive Corrections Plan and the Fiscal Year 1993-1994 award of funds as approved by the State Community Corrections Board. Resolution of Conditions: The CONTRACTOR agrees to address the following special conditions which were stipulated in the State Community Corrections Board's award of Community Corrections Plans and Services funds to the CONTRACTOR. 1. Policies and procedures consistent with Public Act 511, the guidelines of the Office of Community Corrections, and the Oakland County Comprehensive Corrections Plan will be developed and in place prior to the expenditure of funds for new program operation. 2. Prior to expenditure of the funds for the assessment of computer needs, the CONTRACTOR must submit detailed information regarding the initiative; the request is approved for the time period of July 1 through August 1 so that the community corrections manager oversees the project. Financial Management Plan: The CONTRACTOR shall submit a detailed Financial Management Plan to the STATE within 30 days of the execution of this agreement. A. The Financial Management Plan shall identify the projected monthly expenditures during the term of this agreement. B. The Plan shall reflect the budget categories and allowable program and administrative costs included in the approved budget attached to and incorporated within this Rider. Reporting: The CONTRACTOR shall submit to the STATE a Monthly Expenditure Report on forms or in the format prescribed by the STATE detailing by budget category how funds provided pursuant to this Rider were spent during the preceding period. Data is to be maintained and reported on a programmatic basis, consistent with the attached Budget. The enclosed expenditure report form Rider B - Oakland County Page 3 B. Subsequent payments shall be based on the projected monthly expenditures as presented in the CONTRACTOR's Financial Management Plan and a reconciliation of advances and reported expenditures for prior months. C. Subsequent payments are also conditional upon the CONTRACTOR's submittal of all required monthly program data and quarterly narrative reports. ************************************************************************* FOR INTERNAL USE ONLY The account number and cost center to which this contract will be charged: Account Number: 110-47-2249 Cost Center: 6163 I ACCT. ACCOUNT DESCRIPTION ACTUAL ESTIMATED BUDGET FY 1993-1994 NO. PRIOR CURRENT YEAR YEAR FY 1991- FY 1992- PROG. OPER. ADMIN. TOTAL — 1992 1993 CCAB ADMINISTRATION l- — Personnel 42,100 42,100 _1 Board Expense 1,800 1,800 Contractual services, 1,100 1,100 supplies & maintenance Equipment 2,000 2,000 Public Education & Training 250 250 , Travel 250 , 250 I Assess Computer Needs 10,000 10,000 , N Consultant-Policy and 25,000 25,000 i procedure development 1 TOTAL CCAB 82,500 82,500 ADMINISTRATIVE EXPENSES _____________ TOTAL PROGRAM & 348,806 88,6255 437,431 ADMINISTRATIVE EXPENSES (1) Employment Services include: Employment Service through The Alternatives Center - $28,300 - 5 months Female Employment Program - $114,932 - 4 months (2) Pretrial Services include: Intake and Assessment - $41,067 - 4 months Pretrial Services - S158,132 - 4 months DESCRIPTION OF COMMUNITY APPROVED EXPENDITURES FOR YEAR-TO-DATE Y-T-D EXPENSES AS CORRECTION PROGRAM BUDGET REPORT MONTH EXPENDITURES A PERCENT OF (Operating and Program ANNUAL BUDGET (°/0) Administrative Expense) Travel 250 Assess Computer Needs 10,000 Consultant-Policy and Procedure 25,000 Development TOTAL CCAB ADMINISTRATIVE EXPENDITURES 82,500 TOTAL PROGRAM & ADMINISTRATIVE 437,431 EXPENDITURES GAUSERS\BARB194MONEXP.DOC 2 RIDER C - THE ALTERNATIVES CENTER PAGE 2 (1) The establishment of a budget through financial counseling is to consider financial obligations to the court, super- vision fees, work related transportation costs, child sup- port, necessary work related and personal hygiene items, savings for living expenses upon program completion, spend- ing money, and resident contributions. (2) The PROVIDER shall have written policies and procedures governing the budgeting process and the handling of resident funds. Residents' earnings and savings shall not be commingled with program operational funds. B. In addition to the "CORE SERVICES" the PROVIDER agrees to provide or provide access to a variety of "NON-CORE SERVICES" as those services are (or become) available through local agencies. Subject to availability, the "NON-CORE SERVICES" will include but not be limited to: 1. Educational Services 2. Substance Abuse Screening and Treatment 3. Employment Related Services 4. Medical Evaluation and Treatment 5. Community Service Work Placement and Supervision 6. Monitoring of Resident Participation in Programming 7. After Care Services The PROVIDER shall provide data/information to the CONTRACTOR and the STATE relative to the availability of and offender participation in NON-CORE SERVICES. This data/information shall identify the services which are funded through the per diem payments and those which are funded through other sources. For services funded through other sources, a priority is on providing offenders with access to NON-CORE SERVICES through cooperative arrange- ments with local Job Training Partnership Act agencies, Substance Abuse Coordinating Agencies, intermediate and local school districts, community mental health and public health agencies, and other local service providers. C. The PROVIDER shall comply with all of the STATE's and CONTRACTOR's policies, procedures and standards for Probation Residential Services. D. The PROVIDER shall make available for inspection to the CONTRACTOR and the STATE all records pertaining to the residents and program operations. E. The PROVIDER shall allow free access to the physical facilities to authorized representatives of the Court, the CONTRACTOR and the STATE. RIDER C - THE ALTERNATIVES CENTER PAGE 4 9. Total charges for the month. 10. Total resident days for the month. 11. Total resident contributions for the month. The CONTRACTOR shall submit the Vendor Invoice as approved by the CONTRACTOR to the STATE by the 15th day after the end of each monthly billing period. K. For payment purposes, a bed day is defined as starting with the first day the resident is physically in the program and continues through the last day the resident is physically in the program. In the event of absence due to hospitalization, AWOL, or incarceration, per diem payments will be suspended the day following the client's absence from the program. L. The PROVIDER shall take or arrange for the taking of urine samples to monitor for substance abuse in accordance with a schedule agreed upon by the probation officer or designee. M. The PROVIDER shall maintain an inventory list of items provided to the program through the State of Michigan, Surplus and Salvage and transmit a copy of the inventory to the STATE. The CONTRACTOR and the PROVIDER, in conjunction with Department of Corrections probation officers and the STATE, shall develop and implement specific policies and procedures to ensure funding provided pursuant to this Rider shall be utilized only for eligible offenders. Criteria to be employed to determine the eligibility of offenders are as follows: A. Felony offenders with Sentencing Guidelines Scores (SGL) of 0-3 or 0-6 are not eligible for Community Corrections funded probation residential services. B. For sentenced felony offenders without SGLS or with SGLS of 0-9 or above, eligibility criteria shall be based on offender characteristics identified in the local Comprehensive Corrections Plan which indicate an offender is long term jail or prison bound. C. Probation violators are eligible if there has been formal action re- garding the violation (defined as any written approval by a judge). Probation violators with a technical violation and a sentencing guide- line score of 0-3 on the original charge are not eligible. D. Referral of probation boot camp graduates will be in accord with the condition of sentence and Michigan Department of Corrections' policies for SAI aftercare services. FOR THE STATE Michael Steely Office of Community Corrections Grandview Plaza Building P.O. Box 30003 Lansing, MI 48909 517-373-0415 - RIDER C - THE ALTERNATIVES CENTER PAGE 6 The PROVIDER is encouraged to collect Resident Contributions from adult felony probationers residing in the PROVIDER's facility. Resident contri- butions shall come solely from residents. A. Resident Contributions may not exceed 35% of the resident's gross income. B. Records shall be maintained to provide complete accounting of all resident contributions received and the expenditure of those funds. C. Resident Contributions shall be used for general operating expenses specifically related to CORE and NON-CORE SERVICES. D. The PROVIDER shall issue pre-numbered receipts for all resident contri- butions. One copy is to be given to the resident. The PROVIDER is to retain copies of all receipts for six years. E. Resident Contributions are to be recorded on the monthly "Vendor Invoice" report. PRINCIPAL CONTACTS The principal contacts for matters relating to the terms and conditions of the Rider are: FOR THE CONTRACTOR Robert Daddow Dept. of Management & Budget Oakland County 1200 North Telegraph Road, Dept. 409 Pontiac, MI 48341-0409 810-858-1074 FOR THE PROBATION RESIDENTIAL CENTER Christopher L. Poole Executive Director The Alternatives Center 210 North Perry Pontiac, MI 48342 313-334-4330 RIDER-C-02 COMMUNITY PROGRAMS, INC. PROBATION RESIDENTIAL SERVICES Federal Identification Number: 38-2233166 The CONTRACTOR's Fiscal Year 1993-1994 proposal and application for Community Corrections funds included a request for funds from Fiscal Year 1993 Appropriations for Probation Residential Services. Pursuant to the CONTRACTOR's proposal and application, the services are to be provided by the above referenced provider of Probation Residential Services hereafter referred to as the PROVIDER. The following are terms and conditions which apply to the services to be provided and the use of Fiscal Year 1994 Probation Residential Services funds. STATEMENT OF WORK The CONTRACTOR agrees to ensure the provider of Probation Residential Services referenced herein undertakes, performs, and completes the following in accordance with the terms and conditions of this agreement: A. The PROVIDER agrees to provide a 3-6 month substance abuse treatment program for eligible felony offenders in accordance with the following terms. 1. Residential substance abuse residential treatment services shall be provided at 1435 North Oakland Boulevard, Waterford, Michigan 48323. 2. Up to 40 beds shall be made available for 24 hours, seven days a week for residential and treatment services. The treatment and rehabilitation regimen will consist of appropriate therapeutic techniques and services. 3. Substance abuse counseling shall be provided to eligible clients. As part of the counseling program, the following will be provided: a. An assessment of each client referred by the Department of Corrections shall be completed within five (5) working days of the referral. A treatment plan (if not previously prepared by the PROVIDER) shall be completed within ten (10) working days after admission. A summary of the treatment plan will be submitted to the client's assigned agent for final approval. The assessment will include a substance abuse diagnosis, treatment goals, treatment modality and service frequency. b. A discharge summary will occur at the end of the program and shall include the initial diagnosis, treatment goals, summary of progress toward goals, significant strengths and weaknesses of the client, and a recommended course of treatment for the RIDER C - COMMUNITY PROGRAMS, INC. Page 3 5. The PROVIDER shall address the client's educational and vocational deficiencies and include educational classes (basic/GED), job training and job placement assistance. 6. The PROVIDER shall encourage the client to participate in community service work consistent with their therapy and/or employment status. B. The PROVIDER shall provide three meals per day for each client in residence. Bagged lunches will be provided for employed residents at their request. All meals will meet the minimum nutritional standards as promulgated by the STATE. C. The PROVIDER shall provide 24-hour staff security coverage including client room checks, personal patdowns and random telephone verifications of client's employment and evening and weekend destinations. D. The PROVIDER shall provide a program orientation session which will explain program policies, expectations and consequences of rule violations. Trained personnel shall conduct these sessions. E. The PROVIDER shall at all times during this agreement, maintain the appropriate State substance abuse license(s). F. The PROVIDER shall comply with all of the STATE's and CONTRACTOR's policies, procedures and standards for Probation Residential Services. G. The PROVIDER shall make available for inspection to the CONTRACTOR and the STATE all records pertaining to the residents and program operations. H. The PROVIDER shall allow free access to the physical facilities to authorized representatives of the Court, the CONTRACTOR and the STATE. I. The PROVIDER shall maintain a clean and habitable facility to be used as a Probation Residential Center. J. The PROVIDER shall immediately notify the referring Probation Officer or designee and appropriate local law enforcement agencies whenever a resident leaves the program without authorization, or whenever the PROVIDER becomes aware that a resident has been arrested or has otherwise violated the conditions of probation. Additionally, the PROVIDER shall notify the CONTRACTOR, probation agent, or the Department of Corrections liaison of a resident's scheduled termination from the program at least two (2) weeks prior to the scheduled termination. The purpose of this notification is to advise the CONTRACTOR, the agent or liaison of the scheduled termination and to review the progress of the resident while in the program and follow up programming considerations. K. The PROVIDER shall maintain and compile Client Enrollment and Termination and offender profile data as required by the CONTRACTOR and the STATE. The PROVIDER shall submit complete and accurate data to the CONTRACTOR by the 10th day following the end of each month. , RIDER C - COMMUNITY PROGRAMS, INC. Page 5 Q. The CONTRACTOR and the PROVIDER, in conjunction with Department of Corrections probation officers and the STATE, shall develop and implement specific policies and procedures to ensure funding provided pursuant to this agreement shall be utilized only for eligible offenders. Criteria to be employed to determine the eligibility of offenders are as follows: 1. Felony offenders with Sentencing Guidelines Scores (SGL) of 0-3 or 0- 6 are not eligible for Community Corrections funded probation residential services. 2. For sentenced felony offenders without SGLs or with SGLs of 0-9 or above, eligibility criteria shall be based on offender characteristics which indicate an offender is long term jail or prison bound. 3. Probation violators are eligible if there has been formal court action regarding the violation (defined as any written approval by a judge). Probation violators with a technical violation and a sentencing guideline score of 0-3 on the original charge are not eligible. 4. Referral of probation boot camp graduates will be in accord with the condition of sentence and Michigan Department of Corrections' policies for SAI aftercare services. PERIOD OF PERFORMANCE This agreement shall remain in effect from May 1, 1994 to September 30, 1994. COMPENSATION Payments will be made for services provided and are contingent upon the receipt by the STATE of proper documentation. This Rider governs the payment of funds by the STATE and the utilization of funds from the STATE and contributions from residents. The STATE shall make payments on a per diem basis. The maximum payable by the STATE on the per diem basis for the period May 1, 1994 to September 30, 3.994 is $201,960. The estimated Resident Contributions for the period May 1, 1994 to September 30, 1994 are $10,000. The total amount of the agreement is $211,960. STATE payments to the CONTRACTOR and the CONTRACTOR's payments to the PROVIDER shall be in accordance with the following: A. The per diem is $33 for eligible felony probationers. B. The authorized average daily population is 40. C. Earnings are based on bed days billed times the per diem. This data is derived from the monthly "vendor Invoices." RIDER C - COMMUNITY PROGRAMS, INC. * Page 7 CERTIFICATION The persons signing this agreement on behalf of the STATE, and the CONTRACTOR certify by said signatures that they are duly authorized to sign on behalf of said parties, that the execution of this agreement has been authorized by said parties, and that they agree to all terms and conditions of the agreement between the CONTRACTOR and the STATE. IN WITNESS WHEREOF, the STATE and the CONTRACTOR have caused this agreement to be executed by their respective officers duly authorized to do so. Oakland County Office of Community Corrections Authorized Signature DATE Ronald E. Kivi DATE Witness DATE Witness DATE Community Programs, Inc. Authorized Signature DATE Witness DATE ******************************************************************************** FOR INTERNAL USE ONLY The account number and cost center to which program costs pursuant to this agreement will be charged: 110-47-2251 6206 Account Number Cost Center Resolution #94119 April 28, 1994 Moved by McCulloch supported by Aaron the resolution be adopted. AYES: Jensen, Johnson, Kingzett, McCulloch, McPherson, Oaks, Palmer, Pernick, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Huntoon. (16) NAYS: Kaczmar, Miltner, Moffitt, Obrecht, Powers, Garfield, Gosling. (7) A sufficient majority having voted therefor, the resolution was adopted. '3E.GOING RESOLUTION k arq if iv a Date STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, 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 April 28, 1994 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and County of Oakland at Pontiac, Michigan this 28th day o ixed the seal of the D. Allen, County Clerk