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HomeMy WebLinkAboutResolutions - 2000.06.15 - 26081s ' MISCELLANEOUS RESOLUTION #00151 June 15, 2000 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: PUBLIC SERVICES / COMMUNITY CORRECTIONS ACCEPTANCE OF FY 2000 GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Department of Public Services/Community Corrections Division applied to the Michigan Department of Corrections (MDOC) for grant funds in the amount of $3,001,301 for the period of October 1, 1999, through September 30, 2000; and WHEREAS, MDOC has awarded to Oakland County a 1999-2000 Community Corrections grant in the amount of $2,863,551; and WHEREAS, the award amount is less than 15% variance from application amount of $3,001,301, no County match is required; and WHEREAS, of the total grant award, $1,447,131 will fund the Community Corrections Plans and Services program, and $1,416,420 will fund the Probation Residential Services program; and WHEREAS, no additional personnel is required for this program; and WHEREAS, the contract has been approved by the Corporation Counsel, and the County Executive's Contract Review Process; and WHEREAS, acceptance of this grant does not obligate the County to any future commitment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1999/2000 Community Corrections Grant from the Michigan Department of Corrections in the amount of $2,863,551. BE IT FURTHER RESOLVED that the future level of service, including personnel (except the portion of Pretrial Services currently funded by the General Fund) will be contingent upon the level of funding available from the State. 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 is consistent with the original agreement as approved. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Coleman and Millard and Obrecht absent. $0 $0 • COMMUNITY CORRECTIONS GRANT FOR FY 2000 SUMMARY OF GRANT BUDGET ITEM BUDGET CATEGORY APPLICATION ACCEPTANCE VARIANCE COMMUNITY CORRECTIONS P LANS AND SERVICES PROGRAM PROGRAM EXPENDITURES: A. Community Service Placement 65,000 65,000 0 Work Crew 60.000 60.000 0 Sub-Total $125,000 $125,000 $0 B. Education Screening Assessments 13,000 13.000 Sub-Total $13,000 $13,000 C. Employment and Training Job Seeking Skills 103,887 103,887 o Job Placement 50,081 50,081 o Screening/Assessment 11.600 1t600 0 Sub-Total $165,568 $165,568 $0 D. Intensive Supervision Day Reporting 150.000 150.000 Sub-Total $150,000 $150,000 E. Pre Trial Services Screening/Assessment 425,071 425,071 o Supervision 45.531 45,531 0 Sub-Total $470,602 $470,602 $0 F. Case Management Case Management 244.527 244,527 0 Sub-Total $244,527 $244,527 $0 G. TOTAL PROGRAM EXPENDITURES $1,168,697 $1,168,697 $0 CCAB ADMINISTRATION: Personnel 211,402 211,402 0 Board Expense 3,700 3,700 o Contractual Services, Supplies, Main. 43,505 43,505 o Equipment 14,771 14,771 0 Public Education 2,080 2,080 o Training 0 o o Travel 2,976 2,976 o Other o o 0 H. TOTAL ADMINISTRATION $278,434 $278,434 $0 TOTAL PROGRAM & ADMIN. EXPENSES $1,447,131 $1,447,131 $0 PROBATION RESIDENTIAL SERVICES I. Residential Services Bed Slots J. Program Dollars GRAND TOTAL GRANT 109 90 19 $1,554.170 $1.416,420 ($137,750) tamanali $2.861551 (5131150) 06/01/200004:55 PM COMCGRt GRANT GRANT VARIANCE REQUEST ACCEPTANCE AMOUNT* ($$ AND %) 21 21 Oakland County Grant Application/Acceptance Summary Report Title of Grant Application for Community Corrections Funds pursuant to P.A.511 Grantor Agency Michigan Department of Corrections Title of Grant Funded Program community Corrections Notification Date March 1999 Submission/Acceptance Deadline may 15, 1999 Requesting Department/Program/Agency community corrections Division Grant being submitted is: New Renewal x Modified The maximum number of years for which this grant is available: • renewable annually This will be the 7 year of grant funding for this program. Is this program projected to extend beyond the current grant funding period? yes Briefly, describe any program changes since the most recent grant acceptance: GRANT SUMMARY Number of grant funded positions Total amount ($$) of grant Grant funded personnel costs Grant funded fringe benefits Grant funded program costs County match requirements County match funding source (Account No., OCA, PCA, Object Level 3) State & local match requirements (provide amount and percentage) Grant funding period (provide mrn/yy B mm410 re * Indicate any variance between the original grant application and the final grant acceptance (in dollar amounts and percentages). AGREElyIENT, BETWEEN THE STATE OF MICHIGAN DEPARTMENT OF CORRECTIONS Approved by the Michigan State Administrative Board on dezlizal 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, Department of Corrections, hereafter referred to as the STATE, and: Oakland County 1200 North Telegraph, Dept. 409 Pontiac, Michigan 48341-0409 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 Oalcland County 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 has approved the Comprehensive Corrections Plan and the award of Fiscal Year 1999-2000 Community Corrections funds for continued 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 forthin Act Number 511 of the Public Acts of 1988, the Fiscal Year 1999-2000 Appropriations Act, the Oakland County Comprehensive Corrections Plan, the Oakland County Fiscal Year 1999- 2000 program proposal and budget as approved by the STATE and incorporated herein by reference, and the terms and conditions included in Riders attached hereto. Agreement Between MDOC and Oakland County Page 2 a. The terms and conditions for the use of the Fiscal Year 1999-2000 Community Corrections funds awarded to the CONTRACTOR are more specifically described in Riders A, B and C. (1) Rider A prescribes minimum program and financial management standards. (2) Rider B prescribes terms and conditions applicable to funds awarded from the state appropriations for Community Corrections Plans and Services. Rider C prescribes specific terms and conditions applicable to services which are funded via the state appropriations for Probation Residential Services. b. Public Act 511 of 1988 states in part that Community Corrections Act funds are to be used to: encourage participation in community corrections programs of offenders who would likely be sentenced to imprisonment in a state correctional facility or jail; reduce the state prison commitment rates within and among local communities; and maintain public safety. (Section 8) c. Section 802 of the Fiscal Year 1999-2000 Appropriations Act states in part that funds appropriated for comprehensive corrections plans are to be utilized for the implementation and operation of programs designed to: reduce admissions to prison of nonviolent offenders, including probation violators; improve utilization of jail facilities, the first priority of which is to open jail beds intended to house otherwise prison bound felons, and the second priority being to utilize jail beds so that jail crowding does not occur; open jail beds through increased utilization of pretrial release options; reduce readmissions to prison of parole violators; and reduce admission or readmission to prison of offenders, 'including probation and parole violators, for substance abuse violations. d. Funds appropriated for probation residential services are to be utilized to provide residential services for felony offenders. The following are minimum criteria for use of funds appropriated for probation residential services. Offender eligibility criteria. (a) Sentenced felony offenders with sentencing guideline scores must have sentencing guideline scores (SGL) minimum maximum of 9 or above. (b) Felony offenders without sentencing guideline scores must meet local target population criteria which indicate the offender is jail or prison bound. (c) Felony probation violators are eligible if there has been formal action regarding the violation (defined as any written approval by a judge) and the sentencing guideline minimum maximum was 6 or greater. (3) (1) Agreement Between MDOC and Oakland County Page 3 Probation violators with a sentencing guideline minimum maximum of 3 or less on the original charge are not eligible. (d) Referral of probation boot camp graduates must be in accord with the condition of sentence and the STATE policies for SAI aftercare services. (e) The STATE will issue minimum eligibility_ criteria for parole violators on or about October 1, 1999 following review by the State Community Corrections Board and acceptance by the STATE. The minimum eligibility criteria shall be distributed by the STATE to the CONTRACTOR under separate cover and made part of this agreement by reference. (2) Probation Residential Services shall be provided in accord with the Minimum Program Standards for Probation Residential Service Programs as adopted by the State Community Corrections Board on January 20, 1994. 2. The CONTRACTOR shall submit monthly fiscal reports and program data and mid-year and year end reports to the STATE. The format and content of the reports are prescribed within the Riders attached hereto. 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. Appoint a STATE liaison who will provide assistance to the CONTRACTOR and monitor progress of the CONTRACTOR during the term of the agreement. 2. Provide program and contract administration guidelines and standards. 32 Provide technical assistance and training. 4. Provide 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 other data systems maintained by the STATE. SECTION 4- PERIOD OF PERFORMANCE The term of the agreement is from October 1, 1999 through September 30, 2000. Agreement Between MDOC and Oakland County Page 4 SECTIONS- COMPENSATION The STATE agrees to provide payment to the CONTRACTOR for allowable costs incurred during the performance of this contract. The allowable costs and maximum amounts payable are specified in the Riders attached hereto. Payments are subject to, and contingent upon, availability of funding from the legislature and/or executive branches. Payments may be limited, discontinued, or eliminated if the legislature fails to appropriate sufficient funds, or if an executive order, directive, or departmental decision limits, discontinues, or eliminates the ability of the STATE to make such payments. The STATE shall make payments for all services specified in Riders B and C pursuant to the terms and conditions presented in the Riders. Any unexpended and non-encumbered funds shall be returned to the STATE within 30 days after the termination date of the contract. Returned funds shall be in the form of a check made payable to the STATE OF MICHIGAN and mailed to: Michigan Department of Corrections Office of Community Corrections Grandview Plaza Building P.O. Box 30003 Lansing, Michigan 48909 SECTION 6- CANCELLATION 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. SECTION 7- SUBCONTRACTING AND ASSIGNABILITY The CONTRACTOR shall not assign this agreement for the purpose of fulfilling 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. Agreement Between MDOC and Oakland County Page 5 SECTION 8- AMENDMENTS OR CHANGES IN AGREEMENT This instrument, including Riders, contains the entire agreement between the parties and no statements, 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. 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. SECTION 9- SEVERABILITY OF PROVISIONS If any part of this agreement is held by a Court having appropriate jurisdiction to be invalid, unconstitutional or beyond the authority of either the STATE or the CONTRACTOR to enter into or carry out, such part shall be deemed deleted and shall not affect the validity of the remainder of this agreement, which shall continue in full force and effect. If, however, the removal of such provision would result in the illegality and/or unenforceability of this agreement, this agreement shall terminate as of the date in which the provision was found to be invalid, unconstitutional or beyond the authority of the parties, and the STATE shall reimburse the CONTRACTOR for all . services provided under this agreement up to the effective date of termination. SECTION 10 - DEFAULT Default is defined as the failure of the CONTRACTOR to fulfill the obligation of the contract. The STATE will not consider the CONTRACTOR to be in default of this agreement if the CONTRACTOR is unable to perform the obligations set forth herein due to causes beyond the CONTRACTOR's reasonable control, which causes shall include, but are not limited to, acts of God, strikes, or inability to obtain labor or materials on time. In case of default by the CONTRACTOR, the STATE may cancel the contract immediately and hold the CONTRACTOR responsible for any excess costs. If the CONTRACTOR is unable to perform the obligations set forth herein due to causes beyond the CONTRACTOR's reasonable control, the completion of those obligations shall be rescheduled within a reasonable time by mutual agreement of the parties hereto. If it is not possible to reschedule within a reasonable time, this agreement may be canceled or terminated by the STATE upon thirty (30) days written notice. No payment shall be made by the STATE to the CONTRACTOR for goods or services not received or performed due to causes beyond the reasonable control of the CONTRACTOR. Agreement Between MDOC and Oakland County Page 6 SECTION II - NONDISCRIMINATION In connection with the performance of services under this agreement, the CONTRACTOR agrees to comply with the provisions of the Elliot-Larsen Civil Rights Act, 1976 Public Act 453, as amended, MCL 37.2101, et seq, and the Michigan Handicappers' Civil Rights Act, 1976 Public Act 220, as amended, MCL37.1101, et seq and specifically agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment because of a handicap that is unrelated to the individual's ability to perform the duties of a particular job position, or because of race, color, religion, national origin, age, sex, height, weight, or marital status. Breach of this covenant may be regarded as a material breach of this agreement. SECTION 12- PERFORMANCE BONDS AND INSURANCE The CONTRACTOR agrees to maintain appropriate insurance and shall provide proof of said insurance at any time upon demand by the STATE. SECTION 13- 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 14- RECORD RETENTION AND AUDIT 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 ten (10) years unless audited by the STATE before then. Each recipient of funds pursuant to this agreement shall cooperate with the STATE in any or all audits of books and accounts and records for the purpose of analyzing the fiscal integrity of the CONTRACTOR's and subcontractor's financial transactions and compliance with applicable program and administrative requirements. An audit of the financial records and books of accounts of the CONTRACTOR shall be conducted annually by a licensed independent accounting firm in accordance with generally accepted governmental auditing standards, STATE guidelines, and the Audit bulletin issued by the Local Government Audit Division of the Michigan Department of Treasury. Agreement Between MDOC and Oakland County Page 7 The CONTRACTOR shall ensure timely and appropriate resolution of negative audit findings and recommendations. One copy of the audit and the CONTRACTOR's response to audit findings and recommendations shall be furnished to the STATE. Audits will be available to the public under the Freedom of Information Act. SECTION 15- DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT (FOIA) This agreement shall be subject to disclosure under FOIA, (MCLA 15.231 et seq). SECTION 16 - CONFORMITY WITH STATE LAW This agreement shall be subject to and interpreted in accordance with the substantive law of the State of Michigan. SECTION 17- REPRODUCTION AND USE OF MATERIALS The STATE shall be granted permission in perpetuity to reproduce and distribute any copyright and other materials which are generated as a result of this agreement. Data which originates from this agreement shall be "works for hire," as defined by the U.S. Copyright Act of 1976, and shall be owned by the STATE. SECTION 18- CONFIDENTIALITY OF INFORMATION The CONTRACTOR shall comply with MDOC Policy Directive 02.01.120, Compliance by Consultants and Contractual Personnel with the Department's Regulation Concerning Confidentiality of Information, and 01.04.120, Research Involving Corrections Facilities and Clients. FOR THE STATE Ronald E. Kivi, Deputy Administrator Office of Community Corrections Department of Corrections P.O. Box 30003 Lansing, Michigan 48909 (517) 373-0415 (517) 373-9545 - Fax Agreement Between MDOC and Oakland County Page 8 SECTION 19 - PRINCIPAL CONTACTS The principal contacts for matters relating to this agreement shall be as follows: FOR THE CONTRACTOR George J. Miller, Manager Oakland County Community Corrections Division 1200 North Telegraph, Dept. 460 Pontiac, Michigan 48341-0460 (248) 858-5490 (248) 975-4472 - Fax FISCAL AGENT Robert Daddow, Director Department of Management and Budget Oakland County 1200 North Telegraph, Dept. 409 Pontiac, Michigan 48341-0409 (248) 858-0490 (248) 452-9172 - Fax 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. Ut:n— Bill Martin, Director Michigan Department of Corrections Grandview Plaza, P.O. Box 30003 Lansing, Michigan 48909 d55) Date Date Agreement Between MDOC and Oakland County Page 9 SECTION 20 - 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 agreement to be executed by their respective officers duly authorized to do so. OAKLAND COUNTY Authorized Eikniature John P. MOulloch Chair Oakland County Board of Commissioners Print/Type Name and Title MICHIGAN DEPARTMENT OF CORRECTIONS Date / L ,,, - .----7 ,.. )‹...... titirr-Ce .../ -,-., . J 'gm of Witness (Note: The only person authorized to execute an agreement for the Department of Corrections is the Director.) RIDER A MINIMUM PROGRAM AND FINANCIAL MANAGEMENT STANDARDS MINIMUM PROGRAM STANDARDS Local jurisdictions which are awarded Community Corrections Act funds from the STATE must: 1. Apply for funding pursuant to P.A. 511 of 1988, Section 8. 2. Demonstrate the likelihood of a reduction in prison admissions and changes in the utilization of the jail and other community-based sanctions and services. 3. Work with offenders who: a. Are bound for prison (especially with short sentences), are jail inmates, or are bound for jail without program intervention; b. Have not demonstrated a pattern of violent behavior; and c. Do not have a criminal record which indicates a pattern of violent offenses. (P.A. 511 of 1988, Section 4, 8.2a) 4. Define policies, practices, and procedures pertaining to offender eligibility and utilization of community based sanctions and services. a. Offender eligibility for P.A. 511 sanctions and services: (1) Target populations. (2) Screening and eligibility determination procedures. b. Utilization of sanctions and services. (1) Program specific eligibility criteria. (2) Screening, assessment, and enrollment procedures and articulation of responsibilities. Policies which define the scope of services to be provided, duration of offender participation in programs(s), and impacts of offender participation in programs on length of jail sentence or prison admission. (4) Termination from program criteria. System of graduated sanctions. 5. Provide specific procedures to ensure program and fiscal accountability. (3) (5) Rider A Page 2 a. Maintain a complete client record management system which protects client confidentiality and provides a complete and total record of all program activity for each client. b. Provide for thorough compilation, analysis and reporting of offender profile and program participation data consistent with policies and procedures set by the Department of Corrections, Office of Community Corrections. c. Participate in program reviews as prescribed by the local advisory board and the Department of Corrections, Office of Community Corrections. d. Conduct a formal on-site assessment of each subcontractor's program operations and fiscal administration. At a minimum, the assessment measurements should include: (1) Compliance with agreement specifications. (2) Compliance with generally accepted accounting principles. Compliance with pertinent Department of Corrections, Office of Community Corrections Policies, Standards and Procedures. (4) Compliance with applicable licensure requirements. (5) Compliance with pertinent Federal and State statutes. (6) Progress in resolving corrective actions required by prior assessments. (7) Provide for data-based evaluation of program effectiveness in cooperation with the Department of Corrections, Office of Community Corrections. 6. Assure fair treatment of employees through approved personnel policies and procedures consistent with an affirmative action plan. 7. Provide written reports to subcontractors regarding the results of assessments, recommendations for improving performance, and a timetable for resolving outstanding issues. 8. Meet all requirements of the applicable guidelines set forth in all sections of this and other Department of Corrections, Office of Community Corrections policy documents. (3) Rider A Page 3 MINIMUM FINANCIAL MANAGEMENT STANDARDS 1. General Requirements: a. A budget shall be prepared and adopted by the CONTRACTOR in accordance with P.A. 621 of 1978, the "Uniform Budgeting and Accounting Act," issued by the Local Government Audit Division of the Michigan Department of Treasury. Any budget submitted in other than the prescribed form must contain the same information required in the prescribed form. b. Funds shall be utilized in accordance with the approved comprehensive plan for those services which are consistent with service definitions issued by the Department of Corrections, Office of Community Corrections and priority service needs identified by the comprehensive plan. c. There will be one fiscal agent responsible for the administration of community corrections funds. In a multi-jurisdictional program, one fiscal agent shall serve all participating local units of government. The fiscal agent shall be responsible for approving all financial expenditures and for providing required financial reports to the Department of Corrections, Office of Community Corrections. d. All funds, including interest earned, shall only be used for eligible offenders and services under P.A. 511. e. Each contractor or its fiscal agent shall maintain a financial management system which fully and accurately accounts for the use of funds it administers. At a minimum, the system shall provide for: Maintenance of separate funds for individual community corrections funds, with separate accounts for each program within the program/fund category. (2) A uniform accounting system which conforms to generally accepted accounting principles as prescribed by the Department of Corrections and the Michigan Department of Treasury. The system of records shall identify the source and application of funds for community corrections activities and contain information pertaining to authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. A system of source documentation to support disbursements and expenditures and proper allocation of costs in accordance with applicable cost principles. (4) Procedures to minimize the time between receipt of revenues from STATE and disbursement of payments to ensure that services can be provided without interruption. (1 ) (3) (5) Monthly reporting of the financial data in accordance with the Department of Corrections, Office of Community Corrections reporting requirements. Rider A Page 4 (6) Effective control over and accountability for all agreement funds and real property acquired. (7) Timely preparation of year-end close-out report(s) within 30 days of the expiration 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 procurement of equipment and supplies. Any reallocation of funds among programs included within an approved plan and budget requires the prior approval of the STATE. h. Financial obligations incurred after the effective termination date of the agreement will be the responsibility of the CONTRACTOR or the provider of services. 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. Financial records shall be maintained for a minimum of ten years. k. A record of all income derived from rent, fines, client contributions or other sources shall be maintained. The STATE shall issue procedures for recording program income in accordance with STATE policies and procedures. 1. All equipment or other personal property purchases in excess of $1,000, purchased with STATE monies, must receive the prior approval of the STATE. Such purchases shall revert to the State of Michigan in the event the programs funded pursuant to this agreement are discontinued. . m. All equipment shall be inventoried annually and a complete inventory, containing information prescribed by STATE, shall be submitted to the STATE thirty (30) days prior to the end of the term of the contract. 2. Reporting: Each fiscal agent shall establish and maintain a financial monitoring procedure which will provide the financial information as required by the STATE. Contractors or their fiscal agent are required to provide the following information: a. A monthly report of the financial status of each component of the program in accordance with the STATE's reporting requirements. b. Comparison of actual expenditures with budgeted amounts. c. Year-end closeout reports. g. J. RIDER B COMMUNITY CORRECTIONS PLANS AND SERVICES CONTRACTOR: OAKLAND COUNTY The following are additional terms and conditions which apply to the Fiscal Year 1999-2000 Community Corrections Plans and Services funds which have been awarded to the CONTRACTOR by the STATE. 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 1999-2000 award of funds as approved by the STATE. The CONTRACTOR's policy and program plan for FY 1999-2000, was approved by the STATE as a transition plan with expectations that modifications, consistent with the objectives and priorities of P.A. 511 and the local comprehensive corrections plan, will be forthcoming during the fiscal year. These modifications are expected as the CONTRACTOR: 1. Utilizes data/information derived from monitoring/assessment of the impacts of statutory guidelines and other legislation. 2. Revises/updates target populations. 3. Revises/updates program specific eligibility criteria. 4. Utilizes data/information from the Correctional Program Assessment Inventory (CPAI) and other components of the Independent Evaluation to strengthen policies, processes, and programming. The CONTRACTOR's FY 2000 objectives and priorities include, but are not limited to, the following: 1. Continue to maintain low prison commitment rates. 2. Maintain jail population at 90% or less of the rated design capacity. 3. Continue to monitor/assess the impacts of statutory guidelines, felony thresholds, and drunk driving statutes. 4. Revise/update general eligibility criteria to establish greater consistency with sentencing guidelines. More emphasis may be placed on establishing a definition for "pattern of violent behavior" rather than eligibility being mainly charge driven. 5. Review and update program specific eligibility criteria and program design as appropriate. Rider B - Oakland County Page 2 6. Expand the Step Forward Program to a south Oakland County site. 7. Implement cognitive change components within Alternative Incarceration and day reporting programs. 8. Review program design and eligibility criteria for Alternative Incarceration Centers. 9. Standardize risk and need assessment processes and procedures within the Oakland County criminal justice system. 10. Installation of two reporting kiosks for low risk sentenced and pretrial defendants. This will allow for more clients to be monitored without compromising public safety. 11. Continue utilizing the Global Positioning System as a viable alternative for sentenced and pretrial defendants. Possibly expand the use beyond the current domestic violence and stalking defendants. The STATE shall: 1. Work with the County during a review and updating of target populations and general eligibility criteria. 2. Participate with the County in a review of the program design and eligibility criteria for all components of the Community Service Program. 3. Participate with the County and other counties in a review of PRS programming options and eligibility criteria. 4. Participate with the County in a review of the use of kiosks. - REPORTING REQUIREMENTS FY 2000 Action/Implementation Plan: The CONTRACTOR shall by October 15, 1999 update the Action/Implementation Plan included within the CONTRACTOR's FY 2000 proposal and application for funds. The updated Action/Implementation Plan shall at a minimum present specific tasks, subtasks, and time frames to address conditions, if any, delineated by the STATE with the approval of the award of funds. Monthly Expenditure Reports: 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 1. Rider B - Oakland County Page 3 programmatic basis, consistent with the attached Budget. The enclosed expenditure report form may be duplicated and used for the purposes of meeting the monthly reporting requirements. Alternatively, the CONTRACTOR may generate an internal form for that unit's convenience provided the approved budget categories are reflected on the internally generated form. Program Participation and Offender Profile Data: The CONTRACTOR shall submit program participation and offender profile data on a monthly basis: 1. Data pertaining to offender participation in all programs. 2. Selected characteristics of offenders determined eligible for and enrolled in programs. 3. Data are to be submitted by the 15th day of the month subsequent to the reporting period on forms or in the format provided by the STATE. Mid-Year and Year End Reports: A mid-year report is to be submitted by March 15, 2000. The report has four (4) parts: Narrative summary of: progress to date vis-a-vis FY 2000 objectives; factors which have/are contributing to or detracting from abilities to achieve objectives; and proposed changes. 2. Action Plan Update and Statistical Data. a. An updated FY 2000 Action/Implementation Plan to present the status of each task and subtask through the reporting period. b. Statistical data relative to objectives and priorities and components of the Action/Implementation Plan. 3. Analysis of financial status (planned versus actual expenditures, etc.) and any proposed changes. 4. Fiscal Summary Report a. A summary of resources which are utilized to support community corrections programs. This is to include an identification of the STATE and other resources by program category. b. Data and information are to be submitted on forms or in a format provided by the STATE. A year end report is to be submitted within 30 days after the termination date of this agreement. The content and format of the year end report is the same as the mid-year report. Rider B - Oakland County Page 4 TERM OF AGREEMENT The terms and conditions pursuant to this agreement shall remain in effect from October 1, 1999 through September 30, 2000. COMPENSATION The STATE agrees to provide payment to the CONTRACTOR for allowable program and administrative costs incurred during the term of this agreement. The allowable program and administrative costs are identified in the Budget Summary attached hereto and herewith incorporated within this Rider. The maximum amount payable to the CONTRACTOR pursuant to this Rider is $1,447,131. Payments to the CONTRACTOR shall be made monthly and in accord with the following terms: 1. The STATE shall reimburse the CONTRACTOR for allowable program and administrative costs. 2. Payments are conditional upon the CONTRACTOR's submittal of all required monthly expenditure and program data and the mid-year report. ************************************************************************* FOR INTERNAL USE ONLY - The appropriation number, index, program cost account, and agency object to which program costs pursuant to this Rider will be charged: Appropriation Number: 19335 Index: 12150 Program Cost Account: 14011 Agency Object: 8108 RIDER C OAKLAND COUNTY The CONTRACTOR's Fiscal Year 1999-2000 proposal and application for Community Corrections funds included a request for funds from Fiscal Year 2000 Appropriations for Probation Residential Services. Pursuant to the CONTRACTOR's proposal and the award of funds as approved by the STATE, the following are terms and conditions which apply to Fiscal Year 2000 Probation Residential Services funds awarded for the purchase of residential services and residential substance abuse treatment services. The STATE payments of Probation Residential Services funds to the CONTRACTOR shall be utilized solely for the acquisition of residential services in accord with the terms and conditions of this Rider. Utilization of Probation Residential Services funds for costs incurred by the CONTRACTOR for the administration of the funds is prohibited. STATEMENT OF WORK The CONTRACTOR shall identify qualified providers of residential services and enter into written agreements with the providers. The agreements between the CONTRACTOR and providers shall specify the services to be provided, compensation, and the terms and conditions for use of the Probation Residential Services funds. Copies of the agreements between the CONTRACTOR and providers shall be transmitted to the STATE and made part of this Rider. The CONTRACTOR agrees to ensure each provider of Probation Residential Services undertakes, performs, and completes the following in accordance with the terms and conditions of this agreement: A. Each provider shall deliver, at a minimum, the following services to eligible felony offenders: 1. Room and Board (three meals per day). 2. Security and Supervision, 24 hours per day, for each day included within the term of this agreement. 3. Programming which is to include: a. Intake and Assessment b. Case Management c. Referral for Appropriate Rehabilitative and Other Services d. Appropriate Transportation Rider C - Oakland County Page 2 e. Recreational Opportunities f. Structured Scheduling of Activities g. Financial Management Counseling The provider agrees to assist residents who are employed or who receive funds from a legitimate source of income in the development of a personal budget. The establishment of a budget through financial counseling is to consider financial obligations to the court, supervision fees, work related transportation costs, child support, necessary work related and personal hygiene items, savings for living expenses upon program completion, spending 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 the provider agrees to ensure residents are provided or provided access to a variety of other services in accord with the terms and conditions of the referral for placement as those services are (or become) available through local agencies. 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 C. The following apply to providers of Residential Substance Abuse Treatment Services. 1. A detailed treatment plan for each eligible client shall be completed by the provider of residential substance abuse treatment services, within ten (10) working days after admission. The plan shall be based upon information obtained during the assessment and intake process. (1) Rider C - Oakland County Page 3 The treatment plan will include a diagnosis of substance abuse dependency, treatment goals, and the frequency and types of treatment services and supportive social services to be provided. 2. The treatment and rehabilitation regimen will include 30-40 hours or more of scheduled therapeutic activities each week for each client. The scheduled activities shall consist of individual and group counseling, educational, social, work, and planned recreational activities. a. A minimum of one (1) weekly individual therapy session between the client and the assigned primary therapist. b. A minimum of five (5) weekly group counseling sessions led by the primary therapist or other assigned program staff. c. Additional rehabilitative services necessary to the achievement and maintenance of a drug and alcohol-free lifestyle. These may include services such as personal growth workshops, life skills, motivation, parenting classes and exercise classes as appropriate. The CONTRACTOR and the provider shall address the client's educational and vocational needs and arrange for the client's participation in education classes (basic/GED), job training and job placement assistance when feasible. The CONTRACTOR and the provider shall encourage the client to participate in community service work consistent with their therapy and/or employment status. 3. The provider shall update each client's treatment plan every thirty (30) days. The update is to at a minimum include a review of: the client's attendance and participation in therapy; achievement of therapeutic goals; progress in daily living; interactions with other residents and staff; and adherence to house rules, curfew, and treatment plan stipulations; and an assessment of continued need for residential and/or other substance abuse treatment. Copies of the reviews conducted at the end of each 30 days shall be provided to the CONTRACTOR and appropriate probation or parole agent. 4. Residential Substance Abuse Treatment Services may be provided for up to 90 days. 5. A discharge summary report will be prepared prior to the client's scheduled completion of the residential treatment program. The discharge summary shall include the initial diagnosis, treatment goals, summary of progress toward goals, and recommended follow up as appropriate. The recommendations may address need for follow up substance abuse treatment, other support services (educational, employment), monitoring (drug testing), or supervision. Rider C - Oakland County Page 4 A copy of the discharge summary report shall be provided to the CONTRACTOR and the client's probation or parole agent. The provider and the CONTRACTOR shall facilitate the transfer or referral of clients being discharged to follow up treatment or services as per the discharge plan. 6. The provider shall at all times maintain the appropriate State substance abuse license(s). D. The provider shall comply with all of the STATE's and CONTRACTOR's policies, procedures and standards for Probation Residential Services. E. The provider shall make available for inspection to the CONTRACTOR and the STATE all records pertaining to the residents and program operations. F. The provider shall allow free access to the physical facilities to authorized representatives of the Court, the CONTRACTOR and the STATE. G. The provider shall maintain a clean and habitable facility to be used for the provision of Probation Residential Services. H. The provider shall immediately notify the referring Probation or Parole Officer or designee and the appropriate law enforcement agencies when a resident leaves the program without authorization, or when the provider becomes aware that a resident has been arrested or has otherwise violated the conditions of probation. • The provider shall notify the CONTRACTOR, probation or parole 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. J. The provider shall maintain and compile Client Enrollment and Termination and offender profile data as required by the STATE and the CONTRACTOR. The provider shall submit complete and accurate data to the CONTRACTOR by the 10th day following the end of each month. K. The provider shall maintain records of and report all Resident Contributions. L. The provider shall prepare monthly Vendor Invoices. The Vendor Invoice shall be submitted to the CONTRACTOR by the 10th day after the end of each monthly billing period. Each Vendor Invoice must be reviewed and certified by the CONTRACTOR that the offenders listed on the Vendor Invoice are eligible felony offenders. At a minimum, the Vendor Invoice shall include the following information: 1. The name of the referring agent. - Rider C - Oakland County Page 5 2. The county where the offender was sentenced. 3. The name of the offender. 4. The circuit court docket number. 5. The offense, PACC code, and Sentencing Guideline Score (SGL) which resulted in the placement of the offender in the program. 6. The beginning and ending date of the offender's physical presence and participation in the program during the month. 7. The number of days in the time period identified by K-6 above. 8. The amount of resident contributions collected from each offender. 9. Total resident days for the month. 10. Total resident contributions for the month. The CONTRACTOR shall submit Vendor Invoices to the STATE by the 15th day after the end of each monthly billing period. For payment purposes, resident days start with the first day the resident is physically in the program and continue 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 offender's absence from the program. M. 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 or parole agent or the Department of Corrections liaison. N. 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 and parole 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. The State Community Corrections Board has adopted the following as minimum eligibility criteria. A. Sentenced felony offenders with sentencing guideline scores must have sentencing guidelines (SGL) minimum maximum of 9 or greater. B. For felony offenders without SGLs, eligibility criteria shall be based on offender characteristics identified in the local Comprehensive Corrections Plan which indicate an offender is jail or prison bound. Rider C - Oakland County Page 6 C. Probation violators are eligible if there has been formal action regarding the violation (defined as any written approval by a judge). Probation violators with a technical violation and a sentencing guideline score minimum maximum of 3 or less on the original charge are not eligible. D. Referral of probation boot camp graduates will be in accord with the condition of sentence and STATE policies for SAI aftercare services. E. The STATE will issue minimum eligibility criteria for parole violators on or about October 1, 1999 following review by the State Community Corrections Board and acceptance by the STATE. The minimum eligibility criteria shall be distributed by the STATE to the CONTRACTOR under separate cover and made part of this agreement by reference. PERIOD OF PERFORMANCE This Rider shall remain in effect from October 1, 1999 through September 30, 2000. COMPENSATION The STATE shall make payments for services provided on a per diem basis. The maximum payable by the STATE on the per diem basis during the term of this agreement is $1,416,420. STATE payments to the CONTRACTOR and the CONTRACTOR's payments to providers shall be in accordance with the following: A. The maximum per diem for eligible felony offenders including eligible SAT graduate probationers is $43. B. Terms and conditions relative to residential services for eligible SAI probationers: 1. Services shall be in accord with services specified in the STATE's agreements with providers of SAI aftercare services. The terms and conditions of the STATE agreements with providers of SAI aftercare services are hereby incorporated within this Rider by reference. 2. Payments for residential services for SAT probationers shall be made for up to 30 days for each eligible SAT probationer. Extensions beyond 30 days require prior written approval of the local probation supervisor. C. The total authorized average daily population is 90. D. Payments are based on documented earnings. Actual earnings are based on bed days billed times the per diem. This data is derived from the monthly "Vendor Invoices." Rider C - Oakland County Page 7 E. The STATE will make payments to the CONTRACTOR upon receipt of proper documentation. Each provider is encouraged to collect resident contributions from adult felony probationers residing in the provider's facility. Resident contributions shall come solely from residents. A. Resident contributions may not exceed 35% of the resident's grass income. B. Records shall be maintained to provide complete accounting of all resident contributions received and the expenditure of those funds. C. Resident contribtitions shall be used for general operating expenses specifically related to services provided to residents. D. The provider shall issue pre-numbered receipts for all resident contributions. 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. ****************************************************************************** FOR INTERNAL USE ONLY: The appropriation number, index, program cost account, and agency object code to which program costs pursuant to this Rider will be charged: Account Number: 19333 Index Number: 12150 Program Cost Account: 14003 Agency Object Code: 8108 OAKLAND COUNTY BUDGET SUMMARY COMMUNITY CORRECTIONS PLANS AND SERVICES FUNDS FY 2000 NAME OF CCAB: FISCAL AGENT: OAKLAND COUNTY OAKLAND COUNTY BUDGET 2000 , FY 98 ACCOUNT ITEM XPENDITURES FY 99 BUDGET PROG OPER. ADMIN TOTAL E A. COMMUNITY SERVICE Placement 75,500.00 64,536.00 52,000.00 13,000.00 65,000.00 Work Crew 39,690.00 30,000.00 60,000.00 60,000.00 Sub-Total 115,190.00 94,536.00 112,000.00 13,000.00 125,000.00 B. EDUCATION Adult Basic Education GED Completion High School Completion Life Role Competencies Cognitive Change Screening/Assessments 13,000.00 13,000.00 Sub-Total 13,000.00 13,000.00 C. EMPLOYMENT AND TRAINING Job Seeking Skills 95,674.00 103,887.00 93,499.00 10,388.00 103,887.00 Job Training Job Placement 35,891.00 50,081.00 45,073.00 5,008.00 50,081.00 Screening/Assessment 37,604.00 11,600.00 11,600.00 11,600.00 Sub-Total 169,169.00 165,568.00 150,172.00 15,396.00 165,568.00 D. INTENSIVE SUPERVISION Day Reporting 1,239.00 50,000.00 150,000.00 150,000.00 Electronic Monitoring House Arrest Sub-Total 1,239.00 50,000.00 150,000.00 150,000.00 E. MENTAL HEALTH Day Activity - Intensive Outpatient Outpatient Residential Screening/Assessment Sub-Total F. PRE TRIAL SERVICES Screening/Assessment 387,187.00 425,071.00 382,571.00 42,500.00 425,071.00 Supervision 41,496.00 45,531.00 40,978.00 4,553.00 45,531.00 Sub-Total 428,683.00 470,602.00 423,549.00 47,053.00 470,602.00 G. SUBSTANCE ABUSE Detoxification Education Awareness Intensive Outpatient Monitoring/Testing Outpatient Residential Screening/Assessment Sub-Total Continued Budget Continued ., . CCAB NAME OAKLAND COUNTY BUDGET FY 2000 FY 98 ACCOUNT ITEM PENDITURES FY 99 BUDGET PROG OPER. ADMIN TOTAL EX , H. 24 HOUR STRUCTURED ' Boot Camp Probation/Residential Work Camp Sub-Total I. CASE MANAGEMENT 253,194.00 244,527.00 244,527.00 244,527.00 J. OTHER Jail Programs Sub-Total TOTAL PROGRAM EXPENDITURES 967,475.00 1,025,233.00 1,093,248.00 75,449.00 1,168,697.00 _ CCAB ADMINISTRATION Personnel 211,107.00 207,402.00 211,402.00 211,402.00 Board Expense 3,700.00 3,700.00 3,700.00 Contractual Services, Supplies, Main. 66,994.00 43,505.00 43,505.00 43,505.00 Equipment 14,771.00 14,771.00 - 14,771.00 Public Education 2,080.00 2,080.00 2,080.00 Training Travel 3,068.00 1,976.00 2,976.00 2,976.00 Other 5,000.00_ _ TOTAL CCAB ADMINISTRATIVE EXPENSES 281,169.00 278,434.00_ 278,434.00 278,434.00 TOTAL PROGRAM & , ADMINISTRATIVE EXPENSES 1,248,644.00 1,303,667.00 _ 1,093,248.00 353,883.00 1,447,131.00 COMMUNITY CORRECTIONS PLANS AND SERVICES MONTHLY EXPENDITURE REPORT FY 2000 OAKLAND COUNTY CONTACT: George Miller PHONE: 248-858-5490 FUND NUMBER: REPORT PERIOD: FISCAL AGENT: OAKLAND COUNTY - EXPENDITURES FOR YD EXPENSES AS A REPORT MONTH YEAR TO DATE ACCOUNT ITEM APPROVED BUDGET PERCENT OF ANNUAL • (OPERATING & PROGRAM EXPENDITURES BUDGET ADM. EXP) A. COMMUNITY SERVICE Placement 65,000.00 Work Crew 60,000.00 Sub-Total 125,000.00 B. EDUCATION Adult Basic Education GED Completion High School Completion Life Role Competencies Cognitive Change 13,000.00 Screening & Assessments Sub-Total 13,000.00 C. EMPLOYMENT AND TRAINING Job Seeking Skills 103,887.00 Job Training Job Placement 50,081.00 Screening/Assessment 11,600.00 Sub-Total 165,568.00 D. INTENSIVE SUPERVISION Day Reporting 150,000.00 Electronic Monitoring House Arrest Sub-Total 150 000.00 E. MENTAL HEALTH Day Activity Intensive Outpatient Outpatient Residential Screening/Assessment Sub-Total F. PRE TRIAL SERVICES Screening/Assessment 425,071.00 Supervision 45,531.00 Sub-Total 470,602.00 G. SUBSTANCE ABUSE Detoxification Education Awareness Intensive Outpatient Monitoring/Testing Outpatient Residential Screening/Assessment Sub-Total t PREPARER DATE DATE GCA8 MANAGER • I • 11 EXPENDITURES FOR YTD EXPENSES AS A REPORT MONTH YEAR TO DATE ACCOUNT ITEM APPROVED BUDGET PERCENT OF ANNUAL (OPERATING & PROGRAM EXPENDITURES BUDGET ADM. EXP) . .., H. 24 HOUR STRUCTURED Boot Camp Probation/Residential Work Camp _ Sub-Total • _ (.CASE MANAGEMENT 244,527.00 J. OTHER Deferred Prosecution Sub-Total _ TOTAL PROGRAM EXPENDITURES 1,168,697.00 _ - CCAB ADMINISTRATION Personnel 211,402.00 Board Expense 3,700.00 Contractual Services, Supplies, Main. 43,505.00 Equipment 14,771.00 Public Education 2,080.00 Travel 2,976.00 Other . TOTAL CCAB ADMINISTRATIVE EXPENSES 278,434.00 TOTAL PROGRAM & ADMINISTRATIVE EXPENSES 1,447,131.00 SIGNED: • THE FOREGOINS RF OLUTION I _ Date L. Brooks Patterson, county Executive Gi AP pp& • 4 SIn Resolution #00151 June 15, 2000 Moved by Douglas supported by Jensen the resolution be adopted. AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Coleman. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 June 15, 2000 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 15th day qf June, 2000. ,/ /.2 A G.'William Caddell, County Clerk