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HomeMy WebLinkAboutResolutions - 2002.03.27 - 26894MISCELLANEOUS RESOLUTION #02079 March 28, 2002 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: 52nd DISTRICT COURT, DIVISION IV - 2002 MICHIGAN DRUG COURT CONTINUATION GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52'd District Court, Division IV (Troy) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a granting period of January 1, 2002 through December 31, 2002; and WHEREAS the grant awarded funding in the amount of $170,426 of which $50,000 is the State portion, $64,926 is the County's match and $55,500 will be derived from other sources of funding; and WHEREAS the award from the SCAO is for $50,000, $64,926 is the County's in-kind match, $5,500 will be funded from the City of Troy, and $50,000 from other sources for a total of $170,426 (a 12% variance from the application); and WHEREAS the contract will require a twenty-five percent (25%) County Match of $12,500 that must come from local or other sources and an undefined portion of that match must be cash; and WHEREAS the actual County Match will be an in-kind match of $64,926 and will not require an additional County appropriation; and WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS to provide intensive probation supervision and frequent drug testing of defendants, one (1) part-time non-eligible Probation Officer I position, be continued in the Probation Unit, which will be covered by grant funds; and WHEREAS the Court contracts with A.D.E. inc. for its NEEDS assessment instrument; and WHEREAS A.D.E. inc. has case management software and an outcome assessment instrument available that will meet data reporting requirements for the State and Federal government; and WHEREAS the cost of the case management software is $2.00 per case, with the outcome assessment instrument provided at no additional cost; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the contract has been approved in accordance with the County Executive's Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrative Office, Michigan Drug Court Program Grant in the amount of $170,426 which includes $50,000 from the State, $64,926 as the County's In-kind Match, $5,500 from the City of Troy and $50,000 from the Other sources. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of the grant application 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. BE IT FURTHER RESOLVED that one (1) part-time non-eligible special revenue Probation Officer I position (pos. #09716) be continued within the Probation Unit of the 52 nd District Court, Division IV (Troy). BE IT FURTHER RESOLVED that no positions may be filled nor expenditures authorized until a grant agreement is fully executed with the County's obligation limited to the grant funding period. BE IT FURTHER RESOLVED that the court utilize the case management and outcome assessment instruments available through A.D.E. inc. BE IT FURTHER RESOLVED that the Court report semi-annually to the Public Services Committee and the Finance Committee on the effectiveness of the grant program. BE IT FURTHER RESOLVED that continuation of the existing positions associated with this grant is contingent upon continuation of state funding. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTE Public Services Committee Vote: /-2 Motion carried unanimously on a roll call vote with Moffitt, Gallowdy, Sever and Coleman absent. Michigan Drug Court Grant Program-2002 Page Five 10. Indemnification Each party to this Contract will remain responsible for any claims arising out of that party's performance of this Contract as provided by this Contract or law. This Contract is not intended to increase or decrease either party's liability for or immunity from tort claims. This Contract is not intended to nor will it be interpreted as giving either party hereto a right of indemnification, either by contract or at law, for claims arising out of the performance of this Contract. 11. Debarment and Suspension A. Grantee may not contract with or make any award of the State Court Administrative Office Drug Grant funds at any time to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." 12. Acquisition, Accounting, Record Keeping & Inspection A. Grantee agrees that all expenditures from this Contract including the acquisition of personnel services, contractual services, supplies, and equipment, shall be in accordance with (1) the standard procedures of Grantee's unit of government and (2) the Administrative and Budget Requirements of the Michigan Drug Court Grant Program. -5- Michigan Drug Court Grant Program-2002 Page Six B. Grantee agrees to maintain accounting records following generally accepted accounting principles for the expenditure of funds for the purposes identified in the Grant Application, Budget, and any applicable approved contract addendum and/or budget amendment. C. Grantee agrees that the Supreme Court, State Court Administrative Office, 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. Such materials, including all pertinent costs reports, accounting and financial records shall be kept and maintained by Grantee for a period of five (5) years after completion of this Contract or until all State Court Administrative Office audits are complete for the fiscal period, whichever is later. If an audit or review of grant records finds that funds were used for non-approved expenditures, the grantee is responsible for repayment of those funds. Failure of Grantee to comply with requirements of this section shall constitute a material breach of this Contract upon which the State Court Administrator may cancel, terminate, or suspend this Contract. D. The grantee's accounting system must maintain a separate fund or account which segregates the Michigan Drug Court Grant Program contract receipts and expenditures. 13. Accountability for Michigan Drug Court Grant Program Funds Grantee agrees that it will not expend funds obtained under this agreement for any purpose other than those authorized in the Administrative Requirements and specified in the -6- Michigan Drug Court Grant Program-2002 Page Seven Grant Application and Budget for the Michigan Drug Court Grant Program and will expend granted funds only during the period covered by the Contract unless prior written approval is received from the State Court Administrative Office. 14. Program Evaluation and Review Grantee shall allow appropriate Supreme Court and State Court Administrative Office representatives to evaluate, audit, inspect and monitor operation of the drug court. The inspection methods that may be used include: on-site visits; interviews of staff and drug court participants; and review of case records, receipts, monthly/quarterly statistical reports, and fiscal records. 15. Reports A. Grantee agrees to provide reports as identified in the Application Guidelines and Administrative Requirements for the Michigan Drug Court Grant Program to the State Court Administrative Office as follows: B. Financial Reports: Financial reports are due quarterly 30 days following each quarter of the calendar year with the exception of the 3rd quarterly report which will be due October 10, 2002 in order to meet fiscal year end reporting requirements. Therefore, quarterly reports will be due April 30, 2002; July 30, 2002; October 10, 2002, and January 30, 2003. Reimbursement for grant costs and future funding may be withheld if the progress and financial reports are -7- Michigan Drug Court Grant Program-2002 Page Eight delinquent. The State Court Administrative Office will provide copies of the financial report forms with grant contracts for each grant award made. C. Progress Reports: Progress reports are due semi-annually. The reports will be due on June 30, 2002 and one month after the end of the calendar year or January 30, 2003. The progress reports describe activities during the reporting period and the status of accomplishment of objectives as set forth in the application for grant funding. The final report must provide a summary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award. The State Court Administrative Office will provide copies of the progress report forms with the grant contract for each grant award made. D. Estimated Expenditure Report: An Estimated Expenditure Report will be due on October 10, 2002 reporting expenditures for the grant through September 30, 2002 and estimated expenditures through the end of the calendar year or December 31, 2002. If expenditures are substantially less than anticipated in the grant application the State Court Administrative Office may modify grant contracts accordingly so that funds may be reallocated to other jurisdictions in need of funding. E. Drug Court Grantee Data Collection Survey: Recipients of implementation, enhancement and continuation funding are required to submit to the SCAO the Drug Court Grantee Data Collection Survey developed by the federal Drug Court Grant Program 30 days -8- Michigan Drug Court Grant Program-2002 Page Nine after the end of the grant project or January 30, 2002. These data will capture baseline information on both drug courts and defendants. The data are intended to serve as a minimum data set for both local and national evaluation efforts. F. The State Court Administrative Office retains the right to reallocate grant funding if ongoing progress is not being made toward implementation of the drug court grant project. Reimbursement for grant costs and future funding may be withheld if the Financial Reports and/or Program Progress Reports are delinquent or the Drug Court Grantee Data Collection Survey is not completed. 16. Modification Program Modification: This Contract fully expresses the agreement between the parties. No modification of Grantee's Contract regarding the program can be made without prior written approval of the State Court Administrative Office using a Contract Adjustment Request Form included in the Grant Application packet. Budget Modification: Adjustments in expenditures within line item categories in the approved budget may be made up to $1,000 without prior written approval of the State Court Administrative Office. Modifications in line item categories in excess of $1,000 require prior written approval of the State Court Administrative Office and can be requested using a Contract Adjustment Request Form included in the Grant Application packet. -9- Michigan Drug Court Grant Program-2002 Page Ten 17. Funding Hold/Termination The State Court Administrative Office, may at its election, place a funding hold on contracted amounts not yet disbursed, or terminate the contract if the State Court Administrative Office concludes that the Grantee is not in compliance with the conditions and provisions of this Grant Contract, the Grant Application Guidelines and Administrative Requirements or the Budget Requirements of the Michigan Drug Court Grant Program. The State Court Administrative Office may extend an opportunity for the Grantee to demonstrate compliance. Notification of a funding hold or termination will be in writing. Authorized By: State Court Administrative Office Date Acceptance by Grantee: Authorizing Official (Signature) Date rizing Official/ Chief Judge (Signature) Date 1\ k • ( -2_ Name of Chief Judge (Printed) -10- •;..4 State Request (75% max) Local Match (25% min) Cash 5,500 • 50,000 • FISCAL YEA.R 2002 Budget Category Total Cost State Grant In-Kind Cash Other (100%) Match Match A. Personnel 68,376 22,000 46,376 —0— —0— B. Fringe Benefits 23,390 4,840 18,550 —0— —0— _ , , C. Consultant/ 7, Contractual 75,000 .20,000 5,000 50,000 . _ D. Travel 2,000 1,500 500 E. Consultant/ Contractual Travel —0— F. Supplies/Operating 1,660 • _ ,1,660 I c9 „co, c} > TOTAL PROJECT COSTS 17Q,426 In-Kind 64,926 Other Sources of Funding for Drug Court Program Subst. Ab. Coord. Agency State of viichig an Amount: 50,000 Amount: 11,796 Amount: (Attach additional paper if necessary for other sources of funding for the Drug Court Program) Note: At least 25% of the total project cost is a required match and must come from a combination of local cash and in-kind contributions. The percentage of cash for the local match is not defined. Please identify which categories are to be funded with state grant funds and which categories are to be funded as match funds or other funds. Equipment purchases may be recorded in the Supplies and Operating category but will be authorized for match expenditures only. BUDGET NARRATIVE JAN-28-2002 NON 0213 PM FAX NO. P. 01 FISCAL YEAR 2062 BUDGET NARRATIVE: The budget narrative should justify all costs associated with the proposed project. . . • Personnel: Judges salary - Judge Drury is currently a full time Judge serving in the Troy District Court, He will be devoting one day per week to the Drug Court function. Therefore, his salary is considered a .County/State match. Court Administrator - County salary match reflects the time the current Court Administrator will be allotting to supervise the Drug Court function. City Attorney - City match represents the commitment of the City of Troy to the Drug Court process. Estimated to be one full day per week to actively participate in the Drug Court process. Probation Officer - Represents 30% of an existing county probation officer's time for the proper supervision of sentenced Drug Court offenders. ' I Probation Officer - A part-time non-eligible position is requested to augment the above position and to assure strong case management with the sentenced offenders. Contractual Substance Abuse Treatment services - The Troy District Court (in conjunction with the Sixth Circuit Adult Drug Court), has developed a strong partnership with the Oakland County Substance Abuse Coordinating Agency. As the designed Coordinating Agency for this County, they have i agreed to share their financial and contractual resources and expertise with this project. The Troy District Court is requesting additional treatment dollars from this grant, to be managed by the Coordinating Agency for contract consistency, to supplement existing treatment services. The court would also like to use a portion of these funds to cover public defender fees, evaluation of the program, and drug testing. -Supplies and Material Drug Court Software - $10,000 is requested to purchase software that will assist the court in collecting the required data for evaluation purposes. The court is in active discussion with the Loryx System makers of the Transition software package. In the alternative to purchase digital camera equipment, flat board projection screen and other materials to assist in enhancing the Drug Court program. • Travel In-state travel costs are requested for one 3 day two night conference for six Drug Court Team members to attend. -2- BUDGET DETAIL WORKSHEET FISCAL YEAR 2002 Post-ir Fax Note 7671 Pate 1 hityl... I tptagedf n g... To G. 4e.., GIliti,s Prom Co.i0opt. 4 Co. JAN-28-2002 HON 02:14 PM 1 FAX NO. P. 02 1 computation 1 day/week 1 day/week 1 day/week 30% of 1 ET PTNE 1,000 caga x 52 weeks 16,852 x 52 weeks 8,192 x 52 weeks 7,260 E ' 14,072 hours 22,000 Narne/PositiQn District Ct. Judge Court Administator City Prosecuting Atty. Probatipn Officer Probatimn Ofacer • Personnel Totals 68,376 X FICA X Unemployment Insurance X Retirement J.S_ Hospital Insurance Other Life Insurance Vision Insurance Dental Insurance Worker's Compensation The Budget Detail Worksheet: The budget detail worksheet should include A thorough -. justification for all costs including the basis for computing these costs. The budget must be complete, reasonable, arid directly related to the activities proposed in the application. The Budget Detail Worksheet may be submitted on plain sheets following the format below: Indicate in each oategorywilat the funding source is for the category: • (State-grant, match or other.) • . • . _ •.: - . A. PERSONNEL,: List each position by title or name of employee if available. Show the annual salary rate and the percentage of time devoted to the project. B. FRINGE BENEFITS: Fringe benefits should be based on actual known costs or an established formula. Fringe benefits are only for the personnel listed in the budget and only for the percentage of time devoted to the project. Check the fringe benefits that apply and indicate the composite rate percentage. Composite Rate: 40 % ( PTNE @ 22%) Fringe Benefit Total S.n 1 390 TOTAL PERSONNEL & FRINGE BENEFITS 91 1 766 -3- C. CONSULTANT/CONTRACTUAL: For each consultant enter the name (if known), service to be provided, hourly or daily fee (8-hour day), and estimated time on the project. Consultant fees in excess of $250 per day require prior SCAO approval. (Note: Consultant Travel should be listed separately under category E). Contractual services for treatment, case management/monitoring and drug testing should be included in this section. Name of Consultant Service Provided Computation Cost Subst., Abuse Coord. Ag. Treattnent Services will vary depending on modality Consultant/Contractual Total S 75,000 D. TRAVEL: Itemize travel expenses of project personnel by purpose (ex. training etc.). Show the basis of computation. For training programs, travel and meals should be listed separately. Show the number of trainees, the unit costs involved, and the location of travel. Travel for consultants should be listed under Section E under Consultant Travel. All .travel must adhere to the Michigan Supreme Court Standardized Travel Rates for the Judicial Branch effective 10/01/01 which are included in the grant application kit. Approved travel expenses will be limited to in-state travel. Purpose Item of Travel. Location (Hotel Corn-outation Cost MADCP Detroit IVeills/Miltauel 200 each-reg. 200 x 6 1,200 Annual Conf. Misc. travel Conference & other Drug Courts 800. TOTAL PERSONNEL TRAVEL $ 2,000 E. CONSULTANT TRAVEL: List all travel expenses to be paid from the grant to consultants. Jtem Location Computation Cost TOTAL CONSULTANT TRAVEL 5 —0— TOTAL PERSONNEL TRAVEL AND CONSULTANT TRAVEL: s 2,000 -4- F. SUPPLIES/OPERATING: Supplies include any materials that are expendable or consumed during the course of the project. Training registration costs should be included under this section. 1 ' FAX NO. P. 01 MAR-07-2002 THU 11:04 AM FISCAL YEAR 2002 Budget Category Total Cost State Grant In-Kind Cash Othey (100%) Match Match A. Personnel 68,376 22,000 46,376 -0- -O- B. Fringe Benefits 23,390 4,440 18,550 -0- -0- C. Consultant/ Contractual 75,000 204000 5,000 50,000 D. Travel 2,000 1,500 500 E. Consultant/ Contractual Travel -0- F. Supplies/Operating 1,660 .116_60 TOTAL PROJECT COSTS 170,426 State Request (75% max) 50,000 Local Match (25% min) Cash 5,500 64,926 Other Sources of Funding for Drug Court Program subst. Ab. Coord. Agency Amount: 50,000 State of Michigan Amount: 11,796 Amount: (Attach additional paper if necessary for other sources of funding for the Drug Court Program) Note: At least 25% of the total project cost is a required match and mast come from a combination of local cash and in-kind contributions. The percentage of cash for the local match is not defined. Please identify which categories are to be funded with state grant funds and which categories are to be funded as match funds or other- funds. Equipment purchases may be recorded in the Supplies and Operating category but will be authorized for match expenditures only- -1 - Paat-ir Fax Note 7671 gas To ,..„4.1.5F ttfilo..... 'From ---1 vs- V60-47 t.cE6 Co./Dept. Co. - Phone • Phone 4 l'ax*S5S— 1761i1 Fax 0 MAR-07-2002 THU 11:04 All FAX NO. P. 02 Purpose of Travel, MADCP Annual Conf. Loc,ation Detroit 1=a Computation 4 h-reg. 200 x 6 C.= 1 , 200 be listed separately under category E). Contractual services for treatment, case management/monitoring and drug testing should be included in this section. Name of Cwsultant Service Provided Comiatation Cut Subst. Abuse Coord. A g . Treatment Services will vary depending on modality Consultant/Contractual Total $ 75,000 D. TRAVEL: Itemize travel expenses of project personnel by purpose (ex. training etc.), Show the basis of computation. For training programs, travel and meals should be listed separately. Show the number of trainees, the unit costs involved, and the location of travel. Travel for consultants should be listed under Section E under Consultant Travel. All travel must adhere to the Michigan Supreme Court Standardized Travel Rates for the Judicial Branch effective 10/01/0 which are included in the grant application kit. Approved travel expenses will be limited to in-state travel. Misc. travel Conference & other Drug Courts 800. TOTAL PERSONNEL TRAVEL $ 2,000 . E. CONSULTANT TRAVEL: List all travel expenses to be paid from the grant to consultants. ittm Location Computation Cost TOTAL CONSULTANT TRAVEL $ -0- TOTAL PERSONNEL TRAVEL AND CONSULTANT TRAVEL: 5 2/000 F. SUPPLIES/OPERATING: Supplies include any materials that are expendable or consumed during the course of the project. Training registration costs should be included under this section. " 4 FAX NO. P. 03 MAR-07-2002 THU 11:05 AM .. S. r Supply terns/ Irainina Rezistration Costs Commtation CD= General Office Supplies (File folders, paper, calendars, 1,000 etc.) Postage 1000 letters @ .30 each 340 Duplicating 220 TOTAL SUPPLIES/OPERATING $ 1,660 -5- ' a 4 Supplv items/ Training Registration Costs General Office Supplies Pcistage Duplicating Computation (File folders, paper, calendars/ etc.) 1000 letters @ each Costs 1,000 340 220 TOTAL: SUPPLIES/OPERATING $ 1,660 $ 50,000 $ 50,000 $ 22,000 $ 4,840 $ 20,000 $ 1,500 $ 1,660 $ 50,000 Grants-State Salaries Fringe Benefits Professional Services Travel and Conference Office Supplies FISCAL NOTE (MISC. #02079) March 28, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: 52 nd DISTRICT COURT, DIVISION IV - 2002 MICHIGAN DRUG COURT CONTINUATION GRANT 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: The 52 nd District Court, Division IV has received a grant from the State Court Administrator's Office (SCAO), Michigan Drug Court Program, for the period of January 1, 2002, through December 31, 2002. 2. The award from SCAO is for $50,000. The total program effort is $170,426 including a $64,926 County in-kind match (utilizing current budgeted resources), a $5,500 in-kind match from the City of Troy and a $50,000 in-kind match from the State of Michigan. The in-kind matches, since they represent current budgeted resources, will not be included in the special revenue budget. 3. A County cash match is required. However, because the County has met the match obligation with the in-kind services, the contribution of $1 will constitute the required cash match. 4. The grant application included continuation of one (1) part-time non-eligible special revenue Probation Officer I position, to be housed within the 52 nd District Court, Division IV Probation Unit. 5. The Fiscal Year 2002 Special Revenue budget should be amended as follows for the continuation of the District Court, Division IV 1. Michigan Drug Court grant: Special Revenue Fund 279 Revenue 1-32-279-100411-28000-0171 Expenditures 2-32-279-200411-28000-2001 2-32-279-200411-28000-2075 2-32-279-200411-28000-3348 2-32-279-200411-28000-3756 2-32-279-200411-28000-4252 6. Program continuation, including personnel, is contingent upon continued grant funding. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Patterson absent. G. William Caddell, County Clerk Resolution #02079 March 28, 2002 Moved by Middleton supported by Douglas the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, ObreCht, Palmer, Patterson, Sever, Suarez, Webster, Amos. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). 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 March 28, 2002, 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 28th day of March, 2002.