HomeMy WebLinkAboutResolutions - 2003.11.20 - 27266MISCELLANEOUS RESOLUTION #03316 November 20, 2003
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: CIRCUIT COURT FAMILY DIVISION - FY 2004 BYRNE GRANT PROGRAM - FROM
THE MICHIGAN OFFICE OF DRUG CONTROL POLICY - CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Community Health, Office of Drug
Control Policy has awarded grant funding to the Circuit Court Family Division
in the amount of $274,378 with a grant period of October 1, 2003 through
September 30, 2004; and
WHEREAS the Circuit Court Family Division Juvenile Drug Court program
has received continuation funding to deal with the problems of increasing
juvenile recidivism, increasing use of alcohol and illegal drugs, and rising
systems costs, and
WHEREAS the Circuit Court Family Division Juvenile Drug Court is
currently funded by the Byrne Memorial Drug Court Grant, and partly by the
State Court Administrative Office (SCAO) grant; and
WHEREAS the Circuit Court Family Division Juvenile Drug Court, was
awarded $274,378 which includes a 40% match of $109,500 to be funded by SCAO
Grant in-kind matching funds including one (1) FTE Community Service
Coordinator (35402-9712) SCAO funded in-kind match, and contractual substance
abuse treatment services in support of this grant, requiring no General
Fund/General Purpose funds; and
WHEREAS continuation funding is for one (1) FTE Youth and Family
Caseworker II (35402-09835) and one (1) PTNE Technical Aide (35402-09836; and
WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to
maintain proportionate funding for Federal, State and Private grants; and
WHEREAS the grant agreement has been processed through the County
Executive Contract Review Process and the Board of Commissioners Grant
Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts Michigan Department of Community Health, Office of Drug
Control Policy grant, in the amount of $274,378 which includes $164,878 from
the State and $109,500 as local match, which is funded from a pending
concurrent FY 2004 grant from the State Court Administrators Office (SCAO).
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
Public Services Committee Vote:
Motion carried unanimously on a roll call vote.
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 the SCAO Grant award will be used as
matching dollars for the Byrne Memorial Grant, per approval of the State
Court Administrator's Office.
BE IT FURTHER RESOLVED one (1) FTE Circuit Court Youth and Family
Caseworker II (35402-09835), and one (1) PTNE Technical Aide (35402-09836)
position be continued.
BE IT FURTHER RESOLVED that continuation of the positions associated
with this grant is contingent upon continuation of State funding.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
H
-1/64,V ‘/(4 -
Public iervices Committee
Prekitiss Malone, Jr.
From: Greg Givens [givensg@co.oakland.mi.us]
Sent: Friday, October 24, 2003 9:37 AM
To: Wedell, Harvey; Howitt, Pam; Malone, Prentiss
Cc: Frederick, Candace; Pardee, Mary
Subject: CONTRACT REVIEW— Circuit Court Family Division
CONTRACT REVIEW - Circuit Court Family Division
GRANT NAME: 2003-2004 Byrne Memorial Grant - Juvenile Drug Court
FUNDING AGENCY: Dr. Pam Howitt
DEPARTMENT CONTACT PERSON: 80247
STATUS: Acceptance
DATE: October 24, 2003
Pursuant to Misc. Resolution 401320, please be advised the captioned
grant materials have completed internal contract review. Below are the
comments returned by review departments.
Department of Management and Budget:
I cannot approve this grant until the funding for the local match is
supposed to be provided from a separate SCAO grant has been assured. -
Laurie Van Pelt (10/7/2003)
Department of Management and Budget, Additional Comments: Okay. I can
approve moving forward, however, with one condition. As all of you
might know after this afternoon's State Revenue Estimation Conference,
the State has a huge budget problem. There are $900 million short in
their revenues (11.5% of their general fund budget for this year).
There will be cuts coming. If the SCAO money does not come through,
then we're going to need a plan to downsize this program to live within
total funding available. I know that the most recent SCAO grant takes
us through to the end of this calendar year. If there is no match for
the other 9 months, we need to either cut or find another source of
matching funds (other than the general fund since we're expecting some
cuts to the County from the State - the amount and which programs might
be affected is unknown at this time). - Laurie Van Pelt (10/14/2003)
Personnel Department:
No comments received.
Risk Management and Safety:
Approval. - Gerald Mathews (10/8/2003)
Corporation Counsel:
After reviewing the grant contract, there appear to be no outstanding
legal issues that require additional action or resolution. I would
point out that the agreement can be terminated by either party on 30
days written notice stating the reasons for termination. Given the
current statewide financial crunch and concerns that matching funds may
become unavailable, it is important to be aware of this provision, and
if SCAO funds are reduced, to act promptly to provide written notice of
termination under this section.
Also, just a reminder that a number of contractual conditions must be
passed through to any subcontractor and that all subcontractors should
be engaged using the County's purchasing procedures. If you need
assistance with any of these matters, please contact our office. - Karen
Agacinski (10/21/2003)
.Pleas.e note the comments from both Management and Budget and Corporation
Counsel. The captioned grant materials and grant acceptance package
(which should include the Board of Commissioners' Liaison Committee
Resolution, the grant agreement/contract, Finance Committee Fiscal Note,
and this email containing grant review comments) may be requested to be
placed on the appropriate Board of Commissioners' committee(s) for grant
acceptance by Board resolution.
Greg Givens, Supervisor
Grants Administration Unit
Fiscal Services Division
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Contract it: 20040553
Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
6th Circuit Court - Family Division
1200 N. Telegraph, Pontiac, MI, 48341
Federal I.D.#.
hereinafter referred to as the "Contractor"
for
Oakland County Family-Focused Juvenile Drug Treatm
Part I
1. Period of Agreement: This agreement shall commence on 10/1/2003 and
continue through 9/30/2004 . This agreement is in full force and
effect for the period specified.
2. Program Budget and Agreement Amount
A. Agreement Amount
The total amount of this agreement is $ 274,378 . The
Department under the terms of this agreement will provide funding not to
exceed $164,627 . The federal funding provided by the
Department: is approximately $ 164,627 or 100. 00 %; the
Catalog of Federal Domestic Assistance (CFDA) number is
16.579 and the CFDA Title is
Byrne Formula Grant
the federal agency name is
Dept. of Justice
the federal grant award number is 9XD5VX0026
federal program title is
Byrne Formula Grant
B. Equipment Purchases and Title
Any contractor equipment purchases supported in whole or in part through
this agreement must be detailed in the supporting detail schedule.
Equipment means tangible, non-expendable, personal property having
useful life of more than one (1) year and an acquisition cost of $5,000 or
more per unit. Title to items having a unit acquisition cost of less than
$5,000 shall vest with the Contractor upon acquisition. The Department
reserves the right to retain or transfer the title to all items of equipment
having a unit acquisition cost of $5,000 or more, to the extent that the
Department's proportionate interest in such equipment supports such
retention or transfer of title.
and
C. Deviation Allowance
A deviation allowance modifying an established budget category by
$10,000 or 15%, whichever is greater, is permissible without prior written
approval of the Department. Any modification or deviations in excess of
this provision, including any adjustment to the total amount of this
agreement, must be made in writing and executed by all parties to this
agreement before the modifications can be implemented. This deviation
allowance does not authorize new categories, subcontracts, equipment
items or positions not shown in the attached Program Budget Summary
and supporting detail schedules.
3. Purpose: The focus of the program is to:
See Attachment 1
4. Statement of Work: The Contractor agrees to undertake, perform and complete
the services described in Attachment 2 which is attached and hereby made a
part of this agreement through reference.
5. Financial Requirements: The reimbursement process shall be followed as
described in Part II of this agreement and Attachments 3, 5 and 6, which are
hereby made a part of this agreement through reference.
6. Performance/Pro. ress Re • ort Re • uirements: The progress reporting
methods, as applicable, shall be followed as described in Attachment 4, hereby
made a part of this agreement through reference.
7. General Provisions: The Contractor agrees to comply with the General
Provisions outlined in Part II, hereby made part of this agreement through
reference.
8. Administration of Agreement: The person acting for the Department in
administering this agreement (hereinafter referred to as the Contract Manager)
will be:
Nancy Bennett
Name, Location/Building
Manager (517) 373-2952
Telephone No.
9. Contractor's Financial Contact for the Agreement:
The person acting for the Contractor on the financial reporting for this agreement
will be:
Timothy Soave Chief of Fiscal Services
Name Title
soavet@co.oakland.mi.us (248) 858-0807
E-Mail Address Telephone No.
Title
10. §i.ecial Conditions:
A. This agreement is valid upon approval by the State Administrative Board
as appropriate and approval and execution by the Department.
B. This agreement is conditionally approved subject to and contingent upon
the availability of funds.
C. The Department will not assume any responsibility or liability for costs
incurred by the Contractor prior to the signing of this agreement.
11. Special Certification:
The individual or officer signing this agreement certifies by his or her signature
that he or she is authorized to sign this agreement on behalf of the responsible
governing board, official or Contractor.
12. Signature Section:
For the MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Michael Ezzo, Ed.D., Chief Deputy Director
For the CONTRACTOR
Thomas Law
Name
Title
Signature Date
Date
Part II
General Provisions
I. Responsibilities — Contractor
The Contractor in accordance with the general purposes and objectives of this
agreement will:
A. Publication Rights
1. Where activities supported by this agreement produce books, films,
or other such copyrightable materials issued by the Contractor, the
Contractor may copyright such but shall acknowledge that the
Department reserves a royalty-free, non-exclusive and irrevocable
license to reproduce, publish and use such materials and to
authorize others to reproduce and use such materials. This cannot
include service recipient information or personal identification data.
2. Any copyrighted materials or modifications bearing
acknowledgment of the Department's name must be approved by
the Department prior to reproduction and use of such materials.
Any publication 'written, visual, or sound, including press releases,
newsletters, and issue analyses) issued by the Contractor, or by a
Subcontractor describing programs or projects funded in whole or
in part with Federal funds, shall contain the following statement:
"This project was supported by grant project # , awarded
by the Bureau of Justice Assistance, Office of Justice Programs,
U.S. Department of Justice and administered in Michigan by the
Michigan Department of Community Health/Office of Drug Control
Policy. Points of view or opinions contained within this document
are those of the author and do not necessarily represent the official
position or policies of the U.S. Department of Justice."
3. The Contractor shall give recognition to the Department in any and
all publications papers and presentations arising from the program
and service contract herein; the Department will do likewise.
B. Fees .
Make reasonable efforts to collect 1st and 3rd party fees, where applicable,
and report these as outlined by the Department's fiscal procedures. Any
underrecoveries of otherwise available fees resulting from failure to bill for
eligible services will be excluded from reimbursable expenditures.
C. Program Operation
Provide the necessary administrative, professional, and technical staff for
operation of the program.
•
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0. Reporting
Utilize all report forms and reporting formats required by the Department
at the effective date of this agreement, and provide the Department with
timely review and commentary on any new report forms and reporting
formats proposed for issuance thereafter.
E. Record Maintenance/Retention
Maintain adequate program and fiscal records and files, including source
documentation to support program activities and all expenditures made
under the terms of this agreement, as required.
Assure that all terms of the agreement will be appropr'itely adhered to
and that records and detailed documentation for the project or program
identified in this agreement will be maintained for a period of not less than
three (3) years from the date of termination, the date of submission of the
final expenditure report or until litigation and audit findings have been
resolved.
F. Authorized Access
Permit upon reasonable notification and at reasonable times, access by
authorized representatives of the Department, Federal Grantor Agency,
Comptroller General of the United States and State Auditor General, or
any of their duly authorized representatives, to records, files and
documentation related to this agreement, to the extent authorized by
applicable state or federal law, rule or regulation.
G. Single Audit
Provide, consistent with regulations set forth in the Single Audit Act
Amendments of 1996, 31 USC 7501 et seq, and Section .320 of Office of
Management and Budget (OMB) Circular A-133, "Audits of States, Local
Governments, and Non-Profit Organizations," a copy of the annual Single
Audit reporting package of the Contractor to the Department. The federal
OMB Circular A-133 requires either a Single Audit or program-specific
audit (when administering one federal program) of agencies that expend
$300,000 or more of federal grant funding during the Contractor's fiscal
year. The Single Audit reporting package and management letter must be
filed with the Department even if expenditures of federal funding from the
Department are less than $300,000. Contractors that fall below the Single
Audit threshold are exempt from the Single Audit requirements.
Contractors exempt from the Single Audit requirements that receive
$300,000 or more of total (State and Federal) Department grant funding
must submit a copy of the Financial Audit prepared in accordance with
generally accepted auditing standards (GAAS). Contractors exempt from
the Single Audit requirements that receive less than $300,000 of total
Department grant funding must submit a copy of the Financial Audit
prepared in accordance with GAAS if the audit includes disclosures that
may negatively impact MDCH-funded programs, including, but not limited
to, fraud, going concern uncertainties, financial statement misstatements,
and violations of contract and grant provisions. When a Contractor is
. •
exempt from both the Single Audit requirements and the Financial Audit
requirements, the Contractor must submit the audit status notification
letter. Attachment 6 contains the audit status notification letter.
The Single Audit reporting package and management letter, Financial
Audit, or audit status notification letter is due within nine months after the
end of the Contractor's fiscal year. The Single Audit reporting package
and management letter, or the Financial Audit must be filed with the
Department even if there are no findings reported in the audit pertaining to
Department programs. The Department or federal agencies, may also
conduct or arrange for "agreed upon procedures" or additional audits to
meet their needs. The Contractor's records must also be available for
review or audit by appropriate officials of the Department or federal
agencies (i.e., federal awarding agency or General Accounting Office.)
The Contractor must also assure that each of its subcontractors comply
with the above Single Audit requirements, as applicable, and provide for
other subrecipient monitoring procedures, as deemed necessary. A copy
of the Single Audit reporting package, Financial Audit, or the audit status
notification letter must be forwarded to:
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
P.O. Box 30479 (Capital Commons Center, 400 S. Pine Street)*
Lansing, MI 48909-7979
H. Notification of Modifications
Provide timely notification to the Department, in writing, of any action by its
governing board or any other funding source which would require or result
in significant modification in the provision of services, funding or
compliance with operational procedures.
Year 2000 Compatibility
The Contractor must ensure year 2000 compatibility for any software
purchases related to this agreement. This shall include, but is not limited
to: data structures (databases, data files, etc.) that provide 4-digit date
century; stored data that contain date century recognition, including but
not limited to: data stored in databases and hardware device internal
system dates; calculations and program logic (e.g., sort algorithms,
calendar generation, event recognition, and all processing actions that use
or produce date values) that accommodates same century and multi-
century formulas and date values; interfaces that supply data to and
receive data from other systems or organizations that prevent
noncompliant dates and data from entering any State system; user
interfaces (i.e., screens, reports, etc.) that accurately show 4-digit years;
and assurance that the year 2000 shall be correctly treated as a leap year
within all calculation and calendar logic.
'a
J. Human Subjects
The Contractor agrees to submit all research involving human subjects,
which is conducted in programs sponsored by the Department, or in
programs which receive funding from or through the State of Michigan, to
the Department's Human Subjects Committee for approval prior to the
initiation of the research.
II. Responsibilities — Department
The Department in accordance with the general purposes and objectives of this
agreement will:
A. Reimbursement
Provide reimbursement in accordance with the terms and conditions of
this agreement based upon appropriate reports, records, and
documentation maintained by the Contractor.
B. Report Forms
Provide any report forms and reporting formats required by the
Department at the effective date of this agreement, and provide to the
Contractor any new report forms and reporting formats proposed for
issuance thereafter at least ninety (90) days prior to their required usage
in order to afford the Contractor an opportunity to review and offer
comment.
III. Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
The Contractor will comply with applicable federal and state laws,
guidelines, rules and regulations in carrying out the terms of this
agreement. The Contractor will also comply with all applicable general
administrative requirements such as OMB Circulars covering cost
principles, grant/agreement principles, and audits in carrying out the terms
of this agreement.
B. Anti-Lobbying Act
The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as
revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and
Section 503 of the Departments of Labor, Health and Human Services and
Education, and Related Agencies Appropriations Act (Public Law 104-
208). Further, the Contractor shall require that the language of this
assurance be included in the award documents of all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and
cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
C. Non-Discrimination
1. In the performance of any contract or purchase order resulting
herefrom, the Contractor agrees not to discriminate against any
employee or applicant for employment or service delivery and
access, with respect to their hire, tenure, terms, conditions or
privileges of employment, programs and services provided or any
matter directly or indirectly related to employment, because of race,
color, religion, national origin, ancestry, age, sex, height, weight,
marital status, physical or mental disability unrelated to the
individual's ability to perform the duties of the particular job or
position or to receive services. The Contractor further agrees that
every subcontract entered into for the performance of any contract
or purchase order resulting herefrom will contain a provision
requiring non-discrimination in employment, service delivery and
access, as herein specified binding upon each subcontractor. This
covenant is required pursuant to the Elliot-Larsen Civil Rights Act,
1976 PA 453, as amended, MCL 37.2201 et seq., and the Persons
with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL
37.1101 et seq., and any breach thereof may be regarded as a
material breach of the contract or purchase order.
2. Additionally, assurance is given to the Department that proactive
efforts will be made to identify and encourage the participation of
minority owned and women owned businesses, and businesses
owned by handicapped persons in contract solicitations. The
Contractor shall incorporate language in all contracts awarded: (1)
prohibiting discrimination against minority owned and women
owned businesses and businesses owned by handicapped persons
in subcontracting; and (2) making discrimination a material breach
of contract.
D. Debarment and Suspension
Assurance is hereby given to the Department that the Contractor will
comply with Federal Regulation, 45 CFR Part 76 and certifies to the best
of its knowledge and belief that it, including its employees and
subcontractors:
1. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered
transactions by any federal department or contractor;
2. Have not within a three-year period preceding this agreement been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal,
state, or local) transaction or contract under a public transaction;
violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
....................................................................................
3. Are not presently indicted or otherwise criminally or civilly charged
by a government entity (federal, state or local) with commission of
any of the offenses enumerated in section 2, and;
4. Have not within a three-year period preceding this agreement had
one or more public transactions (federal, state or local) terminated
for cause or default.
E. Federal Requirement: Pro-Children Act
1. Assurance is hereby given to the Department that the Contractor
will comply with Public Law 103-227, also known as the Pro-
Children Act of 1994, 20 USC 6081 et seq, which requires that
smoking not be permitted in any portion of any indoor facility owned
or leased or contracted by and used routinely or regularly for the
provision of health, day care, early childhood development
services, education or library services to children under the age of
18, if the services are funded by federal programs either directly or
through state or local governments, by federal grant, contract, loan
or loan guarantee. The law also applies to children's services that
are provided in indoor facilities that are constructed, operated, or
maintained with such federal funds. The law does not apply to
children's services provided in private residences; portions of
facilities used for inpatient drug or alcohol treatment; service
providers whose sole source of applicable federal funds is
Medicare or Medicaid; or facilities where Women, Infants, and
Children (WIC) coupons are redeemed. Failure to comply with the
provisions of the law may result in the imposition of a civil monetary
pc_ laity of up to $1,000 for each violation and/or the imposition of
an administrative compliance order on the responsible entity. The
Contractor also assures that this language will be included in any
subawards which contain provisions for children's services.
2. The Contractor also assures, in addition to compliance with Public
Law 103-227, any service or activity funded in whole or in part
through this agreement will be delivered in a smoke-free facility or
environment. Smoking shall not be permitted anywhere in the
facility, or those parts of the facility under the control of the
Contractor. If activities or services are delivered in facilities or areas
that are not under the control of the Contractor (e.g., a mall,
restaurant or private work site), the activities or services shall be
smoke-free.
F. Hatch Political Activity Act and Intergovernmental Personnel Act
The Contractor will comply with the Hatch Political Activity Act, 5 USC
1501-1508, and the Intergovernmental Personnel Act of 1970, as
amended by Title VI of the Civil Service Reform Act, Public Law 95-454,
42 USC 4728. Federal funds cannot be used for partisan political
purposes of any kind by any person or organization involved in the
administration of federally-assisted programs.
G. Home Health Services
If the Contractor provides Home Health Services (as defined in Medicare
Part B), the following requirements apply:
1. The Contractor shall not use categorical grant funds provided under
this agreement to unfairly compete for home health services
available from private providers of the same type of services in the
Contractor's service area.
2. For purposes of this agreement, the term "unfair competition" shall
be defined as offering of home health services at fees substantially
less than those generally charged by private providers of the same
type of services in the Contractor's area, except as allowed under
Medicare customary charge regulations involving sliding fee scale
discounts for low-income clients based upon their ability to pay.
3. If the Department finds that the Contractor is not in compliance with
its assurance not to use state local public health operations and
categorical grant funds to unfairly compete, the Department shall
follow the procedure required for failure by local health departments
to adequately provide required services set forth in Sections 2497
and 2498 of 1978, PA 368, as amended (Public Health Code), MCL
333.2497 and 2498, MSA 14.15 (2497) and (2498).
H. Subcontracts
Assure for any subcontracted service, activity or product:
1. That a written subcontract is executed by all affected parties prior to
the initiation of any new subcontract activity. Exceptions to this
policy may be granted by the Department upon written request
within 30 days of execution of the agreement.
2. That any executed subcontract to this agreement shall require the
subcontractor to comply with all applicable terms and conditions of
this agreement. In the event of a conflict between this agreement
and the provisions of the subcontract, the provisions of this
agreement shall prevail.
A conflict between this agreement and a subcontract, however,
shall not be deemed to exist where the subcontract:
a. Contains additional non-conflicting provisions not set forth in
this agreement;
b. Restates provisions of this agreement to afford the
Contractor the same or substantially the same rights and
privileges as the Department; or
c. Requires the subcontractor to perform duties and/or services
in less time than that afforded the Contractor in this
agreement.
3. That the subcontract does not affect the Contractor's accountability
to the Department for the subcontracted activity.
4. That any billing or request for reimbursement for subcontract costs
is supported by a valid subcontract and adequate source
documentation on costs and services.
5. That the Contractor will submit a copy of the executed subcontract
if requested by the Department.
Procurement
Assure that all purchase transactions, whether negotiated or advertised,
shall be conducted openly and competitively in accordance with the
principles and requirements of OMB Circular A-102 (as revised),
implemented through applicable portions of the associated "Common
Rule" as promulgated by responsible federal contractor(s), or OMB
Circular A-110, as applicable, and that records sufficient to document the
significant history of all purchases are maintained for a minimum of three
years after the end of the agreement period.
J. Health Insurance Portability and Accountability Act
To the extent that this act is pertinent to the services that the Contractor
provides to the Department under this agreement, the Contractor assures
that it is in compliance with the Health Insurance Portability and
Accountability Act (HIPAA) requirements including the following:
I. The Contractor must not share any protected health data and
information provided by the Department that falls within HIPAA
requirements except to a subcontractor as appropriate under this
agreement.
2. The Contractor must require the subcontractor not to share any
protected health data and information from the Department that
falls under HIPAA requirements in the terms and conditions of the
subcontract.
3. The Contractor must only use the protected health data and
information for the purposes of this agreement.
4. The Contractor must have written policies and procedures
addressing the use of protected health data and information that
falls under the HIPAA requirements. The policies and procedures
must meet all applicable federal and state requirements including
the H1PAA regulations. These policies and procedures must include
restricting access to the protected health data and information by
the Contractor's employees.
5. The Contractor must have a policy and procedure to report to the
Department unauthorized use or disclosure of protected health data
and information that falls under the HIPAA requirements of which
the Contractor becomes aware.
6. Failure to comply with any of these contractual requirements may
result in the termination of this agreement in accordance with Part
II, Section V. Termination.
7. In accordance with HIPAA requirements, the Contractor is liable for
any claim, loss or damage relating to unauthorized use or
disclosure of protected health data and information received by the
contractor from the Department or any other source.
K. Supplanting
The Contractor will comply with Federal requirements concerning
supplanting. Funds must be used to supplement existing funds for
program activities and not replace those funds which have been
appropriated for the same purpose; Potential supplanting will be the
subject of application review, as well as pre-award review, post-award
monitoring, and audit.
Supplanting means to deliberately reduce state or local funds because of
the existence of federal funds. (e.g., when state funds are appropriated for
a stated purpose and federal funds are awarded for that same purpose,
the state replaces its state funds with federal funds, thereby reducing the
total amount available for the stated purpose.)
IV. Financial Requirements
A. Reimbursement Method
The Contractor will be reimbursed in accordance with the staffing grant
reimbursement mechanism as follows:
Reimbursement from the Department based on the understanding that
Department funds will be paid up to the total Department allocation as
agreed to in the approved budget. Department funds are first source after
the application of fees and earmarked sources unless a specific local
match condition exists.
B. Financial Status Report Submission
Financial Status Reports (FSRs) shall be prepared and submitted to the
Michigan Department of Community Health, Budget and
Finance/Administration, Accounting Division, Expenditure Operations
Section, P.O. Box 30720, Lansing, Michigan 48909, on a monthly basis,
no later than thirty (30) days after the close of each calendar month. The
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monthly FSRs must reflect total actual program expenditures, regardless
of the source of funds. Attachment D contains the FSR form. The FSR
form and instructions for completing the FSR form are available through
your Contract Manager or the Department's web site:
• http://www.michigan.gov/documents/DCH-0384-
Financial_Status_Report_8214_7.pdf and
• http://www.michigan.gov/documents/DCH-0384-
Financial_Status_Report_Instructions_8216_7.pdf.
Failure to meet financial reporting responsibilities as identified in this
agreement may result in withholding future payments.
C. Reimbursement Mechanism
All contractors are encouraged to sign up through the on-line vendor
registration process to receive all State of Michigan payments as
Electronic Funds Transfers (EFT)/Direct Deposits.
E. Final Obligations and Financial Status Report Requirements
A report of estimated total agreement expenditures must be submitted
based on annual guidelines and deadlines issued by the Department.
Final FSRs are due sixty (60) days following the end of the fisca l year or
agreement period. The final FSR must be clearly marked "Final." Final
FSRs not received by the due date may result in a loss of funding
requested per the report of estimated total agreement expenditures and
may result in the potential reduction in the subsequent year's agreement
amount.
F. Unobliqated Funds
Any unobligated balance of funds held by the Contractor at the end of the
agreement period will be returned to the Department or treated in
accordance with instructions provided by the Department.
V. Agreement Termination
The Department may cancel this agreement without further liability or penalty to
the Department for any of the following reasons:
A. This agreement may be terminated by either party by giving thirty (30)
days written notice to the other party stating the reasons for termination
and the effective date.
B. This agreement may be terminated on thirty (30) days prior written notice
upon the failure of either party to carry out the terms and conditions of this
agreement, provided the alleged defaulting party is given notice of the
alleged breach and fails to cure the default within the thirty (30) day
period.
C. This agreement may be terminated immediately if the Contractor or an
official of the Contractor or an owner is convicted of any activity
referenced in Section III.D, of this agreement during the term of this
agreement or any extension thereof.
VI. Final Reporting Upon Termination
Should this agreement be terminated by either party, within thirty (30) days after
the termination, the Contractor shall provide the Department with all financial,
performance and other reports required as a condition of this agreement. The
Department will make payments to the Contractor for allowable reimbursable
costs not covered by previous payments or other state or federal programs. The
Contractor shall immediately refund to the Department any funds not authorized
for use and any payments or funds advanced to the Contractor in excess of
allowable reimbursable expenditures. Any dispute arising as a result of this
agreement shall be resolved in the State of Michigan.
VII. SeverabilitV
If any provision of this agreement or any provision of any document attached to
or incorporated by reference is waived or held to be invalid, such waiver or
invalidity shall not affect other provisions of this agreement.
VIII. Amendments
Any changes to this agreement will be valid only if made in writing and accepted
by all parties to this agreement.
IX. Liability
A. All liability to third parties, loss, or damage as a result of claims, demands,
costs, or judgments arising out of activities, such as direct service delivery,
to be carried out by the Contractor in the performance of this agreement
shall be the responsibility of the Contractor, and not the responsibility of
the Department, if the liability, loss, or damage is caused by, or arises out
of, the actions or failure to act on the part of the Contractor, any
subcontractor, anyone directly or indirectly employed by the Contractor,
provided that nothing herein shall be construed as a waiver of any
governmental immunity that has been provided to the Contractor or its
employees by statute or court decisions.
B. All liability to third parties, loss, or damage as a result of claims, demands,
costs, or judgments arising out of activities, such as the provision of policy
and procedural direction, to be carried out by the Department in the
performance of this agreement shall be the responsibility of the
Department, and not the responsibility of the Contractor, if the liability,
loss, or damage is caused by, or arises out of, the action or failure to act
on the part of any Department employee or agent, provided that nothing
herein shall be construed as a waiver of any governmental immunity by
the State, its agencies (the Department) or employees as provided by
statute or court decisions.
C. In the event that liability to third parties, loss, or damage arises as a result
of activities conducted jointly by the Contractor and the Department in
fulfillment of their responsibilities under this agreement, such liability, loss,
or damage shall be borne by the Contractor and the Department in
relation to each party's responsibilities under these joint activities,
provided that nothing herein shall be construed as a waiver of any
governmental immunity by the Contractor, the State, its agencies (the
Department) or their employees, respectively, as provided by statute or
court decisions.
X. Conflict of Interest
The Contractor and the Department are subject to the provisions of 1968 PA 317,
as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as
amended, MCL 15.341 et seq, MSA 4.1700 (71) et seq.
Xl. State of Michigan Agreement
This is a State of Michigan Agreement and is governed by the laws of Michigan.
Any dispute arising as a result of this agreement shall be resolved in the State of
Michigan.
XII. Confidentiality
Both the Department and the Contractor shall assure that medical services to
and information contained in medical records of persons served under this
agreement, or other such recorded information required to be held confidential by
federal or state law, rule or regulation, in connection with the provision of
services or other activity under this agreement shall be privileged
communication, shall be held confidential, and shall not be divulged without the
written consent of either the patient or a person responsible for the patient,
except as may be otherwise required by applicable law or regulation. Such
information may be disclosed in summary, statistical, or other form which does
not directly or indirectly identify particular individuals.
14WV&MO=A:nM:A4C!OVZ6v.iM
ATTACHMENT 1
72070-2-03-B
' The OCFFJDTC is a response to the complex illness of addiction as it effects the juvenile
justice system. We aim to interrupt the addiction and recidivism cycle and decrease the
use of expensive detention by providing a community-based, intensive, structured
treatment and consequence-based alternative to youth, with special emphasis on family
involvement.
Wea,
ATTACHMENT 2
STATEMENT OF WORK
72070-2-03-B
Project Description:
This proposal describes a plan to continue a juvenile drug court in Oakland County.
Entitled Options, this family-focused juvenile drug treatment court will serve up to 44
youth per year when fully operational. This post-adjudication program targets severely
substance abusing youth that are non violent repeat offenders, charged with alcohol and
controlled substance related violations. Clients are expected to participate in a 12-15
month program consisting of three, 12-week phases and an aftercare component. Specifics
are outlined below.
Mission:
The mission of the Options program is to promote public safety and reduce juvenile drug
crime by helping substance-abusing offenders and their families achieve drug free
lifestyles and healthy relationships. The goals of the program are to maintain a
non-adversarial team-based approach to intervention, to expedite case processing, and to
provide comprehensive evaluation, treatment and relapse prevention services, in order to
reduce recidivism and drug use and improve youth and family functioning.
Screening and Eligibility:
Options is designed to serve documented substance abusers with a non-violent
offense history, targeting repeat offenders, unless otherwise ordered by the court.
Youth must be adjudicated for alcohol or drug violations, or charged with minor
delinquency where substance abuse is a contributing factor (e.g. property crimes). Youth
and their families should express an active interest in the program, and must be
residents of Oakland County. Youth will be excluded who are charged with firearm crimes,
CSCI, CSCII, CSCIII and Home Invasion I, or who have serious psychiatric impairment.
Based on local statistics and our experience with drug court participants to date, most
youth will be heavy users of alcohol and/or marijuana with some increasing use of heroin,
cocaine and "club drugs" such as ecstasy.
There are two tracks for referral to Options. In Track One, the intake referee
identifies the case as a potential drug court referral, then forwards the complaint to
the assigned juvenile prosecutor within 24 hours. Petitions are written and returned to
Juvenile Intake within 48 hours, unless the complaint is denied. At Intake, the intake
supervisor obtains a judicial assignment and case file, and schedules the pretrial date
for within two weeks. The intake worksheet is then labeled "Referral to Drug Court", and
the casework supervisor is notified. A caseworker is then assigned to administer an
ACDI-II (Adolescent Chemical Dependency Inventory - Corrections Version II) and conduct a
face-to-face social history investigation.
Following this initial assessment, the caseworker presents the case to the Out of Home
Screening Committee, consisting of the Options coordinator, probation specialists, and
the chiefs of Casework and Clinical Services. If the committee recommends referral to
Options, the report is forwarded to the hearing officer. The caseworker attends the
pretrial to present the recommendation of the Out of Home Screening Committee. The
juvenile may enter a conditional plea at this time, understanding that he/she may be
ordered into the Options program. The matter will then be adjourned for a dispositional
hearing before the drug court judge. During this interim period, a referral is made to
ATTACHMENT 2
STATEMENT OF WORK
the Office of Substance Abuse for further assessment. If at any time the juvenile does
not meet criteria for inclusion, the plea may be withdrawn. A juvenile who elects not to
enter a plea is scheduled for trial, and if found within the court's jurisdiction, is
placed on the Options docket.
The average length of time between arrest and first appearance at the Options program was
expected to be six weeks, with enrollment in Intensive Treatment occurring within one
week thereafter. Our independent evaluation results indicate we have achieved this
performance measure 100% of the time. In fact, 80% of the eligible juveniles have been
enrolled within 30 days, and all have had an initial treatment session within 48 hours of
enrollment.
For Track II cases (youth already on probation), the process is initiated by the current
probation officer. A Violation of Probation is filed and the case is brought before the
Out of Home Screening Committee, where the process proceeds as in Track I.
After screening and assessment are complete, the probation specialist schedules youth
and family to appear before the Options judge. The juvenile confers with the defense
attorney, who explains the juvenile's rights and options, and encourages cooperation with
a plan suited to his/her needs. The judge then accepts the plea and enters a delayed
disposition. Youth not suitable for inclusion are remanded to the assigned referee for
further action.
Upon successful completion of the program, the instant charge may be reduced, or
eventually dismissed, if there are no further charges by his/her 19th birthday.
Since its inception, Options has screened 48 youth for possible admission, two short of
our goal of 50. Based upon findings of our recent self-evaluation, we plan to place
greater emphasis on enrolling minorities, females and youth living in the northern
portion of the county. (Most of our participants have been from central and southern
Oakland County).
Assessment:
Upon entering a conditional plea, juvenile and family are ordered to participate in a
more comprehensive clinical assessment conducted by PACE - Office of Substance Abuse, to
further evaluate treatment needs. This assessment is typically conducted within 72 hours
of the hearing, and uses the ASI (Addiction Screening Inventory). The family is
questioned about the charges the juvenile is facing, school history, and the extent of
negative peer involvement. A thorough review is made of family dynamics, youth and
family strengths, motivation for treatment, and existence of any co-conditions, such as
mental illness or ADHD. Youth are screened for gross medical problems provided with
information on STDs and HIV, and referred for follow up with their family physician where
appropriate, to rule out potentially confounding co-conditions. The PACE reviewer will
inform the client, caseworker and assignment clerk if indicators surface that support
exclusion.
New participants are then scheduled for orientation with a probation specialist. At this
session handbooks and other materials are provided emphasizing potential program
benefits, the role of the probation specialist, treatment and court appearance
ATTACHMENT 2
STATEMENT OF WORK
requirements, and status review hearing elements. Motivation is assessed based on the
participant's response to program requirements. Probation specialists, in consultation
with the treatment team, then develop a family and individual treatment plan to address
client strengths and treatment needs, with considerable emphasis on sobriety maintenance
and improving family functioning. Educational needs are identified and specialists begin
work with school districts to arrange appropriate support systems. The 6th Circuit Court
Family Division is fortunate to also have an in-house Psychological Clinic, where youth
can receive thorough psychological and psychiatric evaluations, if necessary.
Service Delivery:
The Options post-adjudication program consists of three phases and aftercare. Phases I,
II and III are at least 12 weeks in duration. Aftercare length is individualized,
lasting from 6 to 12 weeks. Graduation to a less restrictive phase is contingent upon
performance and points earned. Up to 10 points per week can be earned for adherence to
program requirements. Points are assigned for negative drug test results, conduct at
school and/or work, attendance at school or work, attendance at AA or NA, treatment
participation, compliance with home rules and completion of community service hours. See
Incentive Record (Attachment A), and Phase System (Attachment B) for more details.
Successful participants are expected to graduate after 12 to 15 months of involvement.
Our experience to date indicates that the mean length of stay in Phase I is 114 days (16
weeks); in Phase II, 116 days (16.5 weeks); in Phase III, 99 days (14 weeks) and in
Phase IV, just over 12 weeks.
The family's role in the Options program is critical. A family member must sign a
contract of cooperation on the family's behalf, at program outset. They must attend
every court session and each scheduled treatment and probation appointment. Family
members who are not party to the court's actions against the juvenile are nevertheless
eligible for referral to treatment. The court has the authority to order parents to
participate in additional counseling, attend AA meetings and discontinue recreational use
of controlled substances. Parents are also eligible to receive rewards as incentives for
their accomplishments. Transportation assistance is provided to families when needed, as
resources are available.
During this program year we began to observe a pattern that youth with the most troubled
families were having the most difficulty with the program. As a result, mid-year we
began requiring that all families in Phase II attend 12 weeks of individualized family
treatment, which can be enhanced with individual treatment for parents, as needed. Our
request for additional contractual treatment funding is related to this program change.
All participating parents are also expected to complete a free eight-week parenting
education class in Phase III.
Educational and Vocational Services:
A commitment to educational and vocational goals is expected of each participant. School
attendance and performance for youth enrolled in regular or alternative settings is
monitored closely by the probation specialist who also advocates for clients in the event
of threatened disciplinary actions for drug-related activities. School personnel and
court staff work together to establish reasonable schedules and academic goals, and to
ATTACHMENT 2
STATEMENT OF WORK
ensure compliance with rules of conduct.
An overwhelming majority of our participants to date have demonstrated improved grades,
and a recent program graduate was admitted to a local university,having overcome a
history of earlier truancy and failing grades.
The innovative JobLink Career Center (full description available on request) is a
comprehensive school district-based work development program available to drug court
participants. JobLink teaches work readiness skills and matches youth with willing
employers who monitor and support their progress. This service is also extended to
unemployed parents, who can access career market information, resume writing software and
job search tools. Transportation is provided for anyone who could not otherwise
participate.
Results of our program evaluation indicate that eight youth have been assisted with these
services while enrolled in Options. Additionally, two parents have been assisted with
job placement.
Substance Abuse Treatment and Mental Health Services:
All agencies, public and private, currently licensed and approved by the Oakland County
Office of Substance Abuse were given an opportunity to apply for participation on the
Options provider panel. Eligible agencies were required to have therapists specifically
trained in adolescent and family substance abuse issues, and culture and gender-sensitive
therapy techniques. Currently, two providers offer an approved Intensive Outpatient
model of treatment: Perspectives of Troy and Oakland Family Services, located in several
communities through out the county. Multi-site service availability allows us to address
the access concerns that arose over time for Options participants. Therapeutic groups
are provided by these agencies on the following themes: self-esteem, life mapping, whole
person recovery, boundaries, problem solving, listening, conflict resolution, the
addiction cycle, triggers to use, among others.
Although, generally speaking, juvenile substance abusers do not manifest the severe
disturbances of prolonged drug use commonly found in adults, an assessment may discover
indications of ADHD or other psychiatric disorders that require additional treatment
and/or medication. Since we were particularly cognizant of the high occurrence of
dual-diagnosis among juvenile substance abusers, our treatment providers were required to
offer psychiatric evaluation and psychotropic medication management where needed.
Participants are also informed of the availability of mental health crisis services
through Common Ground Sanctuary.
In-patient treatment days used have increased dramatically during the course of Options
operation. In the past year, Options staff worked closely with OSAS staff to find and
nurture the development of in-patient alternatives to Brighton Hospital, which has
closed. Kairos and Impact are the two programs currently providing in-patient
detoxification and treatment for our juvenile population.
We have been somewhat surprised to discover that fully 45% of our participants had
utilized mental health treatment services prior to drug court enrollment. Hence, many
(nine to date) have required inpatient services while in the program . Five others have
f
ATTACHMENT 2
STATEMENT OF WORK
required psychotropic medication to deal with mood disorders or hyperactivity, which can
only be administered after the youth has been clean and sober for several weeks.
Collateral Services:
Probation specialists and the drug court coordinator, in consultation with the treatment
team, conduct a weekly review of participant collateral service needs. These needs are
then conveyed to the Drug Court Citizens Action Committee (DCCAC) for follow up. DCCAC
is a countywide collaborative comprised of citizen volunteers and community stakeholders,
drawn from local and intermediate school districts, health and social service agencies,
community coalitions, faith institutions, Alcoholics Anonymous, private industry and the
court itself. Their primary goal is to find and arrange transportation services,
mentorships, family memberships to recreational facilities, incentives and other needed
supports for program participants. Members guarantee that Options will be kept informed
of relevant and emerging programs, and agree to explore new programs to support the
initiative.
through DCCAC, school districts have arranged tutoring, a church group has offered free
use of their recreational facilities, and Common Ground Sanctuary has provided emergency
shelter services. In addition, the DCCAC helps to establish and sustain adolescent AA and
NA programs and fellowship meeting sites in their communities. One DCCAC member has
secured appropriate sponsors for youth unable to do so, and regularly verifies the
appropriateness of selected home meeting locations. DCCAC has raised more than $14,000
in cash and $3,000 in gift certificates. These donations have significantly affected the
incentive aspect of programming, providing rewards for the successful conduct of youth
and parents alike. Free graphic art and printing services have also been acquired
through this entity, and utilized to upgrade program materials to conform to the
comprehension level of participants.
The Circuit Court's Youth Assistance program has an extensive network of volunteers
trained as youth mentors, who can provide adult guidance and companionship, as well as
transportation. This same unit has trained staff in the restorative justice model of
Family Group Conferencing", wherein victims and offenders can review incidents in a group
context, and collectively determine meaningful and restorative consequences. The Court
also has an extensive array (more than 200) of available community service sites through
our Youth Community Service unit, and conducts a weekly parent support program entitled
CHOICE, to which parents can be assigned.
Drug Testing:
Clients are randomly drug and alcohol tested, according to the frequency established in
the relevant phase of treatment. At a minimum, Phase I clients are tested twice weekly,
Phase II and Phase III weekly, and Aftercare bi-weekly. Participants who demonstrate
difficulty establishing and maintaining sobriety may have enhanced testing frequency.We
also have the availability of PET home testing and visatel monitoring, for youth who
abuse alcohol.
Drug testing is conducted by the treatment provider, by an independent testing service,
and/or by the probation specialist, depending on circumstances. The contracted vendor,
JAMS (Jail Alternatives of Michigan) provides random on-site tests in homes, schools, and
ATTACHMENT 2
STATEMENT OF WORK
ac the court. They confirm sample integrity with adulteration strips, and monitor drops
to minimize adulteration, and will adapt testing panels to conform with suspected
substances, upon request by the probation specialist. Efforts are made to secure a
concentration of tests on Monday mornings.
Consideration for testing of family members is handled individually, in accordance with
relevant Court Rules and Statutes.
Youth and parents are not told in advance when they will be tested. Results are available
the same day, and those sent for lab confirmation are received within 36 hours. Based on
local use statistics, clients initially referred to drug court receive a nine panel drug
screen, .covering methamphetamines, barbiturates, diazepam, methadone, propoxiphine, PCP,
cocaine, THC, opiates and alcohol. Thereafter, we test regularly for cocaine, THC,
opiates and amphetamines, as well as alcohol.
Our evaluation of Options found that youth and parents both rate drug testing as the most
effective incentive to sobriety.
Incentives and Sanctions:
Graduated sanctions have been identified to respond to non-compliance with program
requirements. Sanction options are listed below, from least to most restrictive. Any one
sanction or combination thereof may be imposed, based on the extent of the infraction, as
determined by the team at the weekly case conference. Guidelines considered include
repetitiveness of the misconduct, honesty of the participant in admitting the infraction
and extent of possible harm or inconvenience to others. Sanctions may include:
1) Admonishment by the judge
2) Making a verbal report of problem behaviors to peers at status review hearings
3) Written assignments (on the effects of alcohol and other drugs, the negative results
of specific problem behaviors, the importance of drug counseling, etc.)
4) Letters of apology
5) Attendance at Adult Treatment Court or Criminal Call, and an essay about the
experience
6) Extra Community service
7) Loss of privileges (such as curfew)
8) Increased attendance at NA or AA
9) Increased alcohol or other drug testing
10) Home detention
11) Electronic surveillance
12) Referral to STRIDE weekend program ( didactic groups, coping style inventories and
physical challenge group work, with a parent-child dinner component)
ATTACHMENT 2
STATEMENT OF WORK
13) Weekend work detail at Crossroads for Youth
14) Short-term detention at Children's Village
15) Return to previous program phase
16) In-patient treatment
17) Discharge from the program
A crucial and highly effective aspect of drug court is the support, encouragement and
rewards offered by the judge and treatment team at status review hearings. Participants
and their parents are recognized for their accomplishments with verbal praise, public
recognition and applause, as well as with more concrete items. Rewards and incentives
are earned through an accumulation of points and dispensed as follows:
* 10-point week: Public recognition, praise, applause, edible treat (selected from the
"incentive basket").
* 3 or more consecutive 10 point weeks: Fast food certificate, release from home
detention, curfew extension, and public recognition.
* 85% of Phase I or Phase II points: Move to next phase PLUS certificate of recognition,
PLUS gift certificate.
* 90%. of Phase III points: Move to Phase IV PLUS certificate of recognition, PLUS gift
certificate.
* 95% of Phase IV points: Graduation, including ceremony and certificate of recognition.
* Family accomplished goals: Gift certificate for entire family, to be used at a
restaurant or movie theatre.
Youth may receive gift certificates for movies or CDs, meal or theatre vouchers or small
gifts like tee shirts, or assistance with obtaining hobby supplies and lessons. To
encourage improvements in self-discipline, release from home detention, curfew
extensions, reductions in supervision requirements, and other rewards are also
considered. Since graduation to the next phase is identified as a key incentive,
graduation certificates are awarded to document this accomplishment. Group incentives
are also used as a means of providing constructive replacement activities for drug
abusing behaviors. These include field trips like bowling, indoor rock climbing or
health club visits, or enrollment in classes in music, fine arts, and the like. Group
activities usually include families as well.
Whether the court response is a reward or a sanction, our goal is to deliver feedback in
close temporal proximity to the precipitating event. Conduct which requires a court order
will be addressed no later than one week following the incident.
Roles and Responsibilities of the Options Team:
Case Management: Each Options participant is assigned to a probation specialist who
provides case management with the assistance of the coordinator. Case management
ATTACHMENT 2
STATEMENT OF WORK
involves monitoring compliance with court orders and providing supervision and counseling
to youth and families, as well as logging client contacts, preparation of reports, and
serving as liaison with treatment providers, schools and police. No more than 20 youth
and families are assigned to each specialist, with the ideal caseload set at 15,
depending on the stage of client progress. The probation specialist visits clients at
home, school, work sites, temporary placements and other appropriate community locations.
The frequency of contact is a minimum of twice weekly in Phases I, reduced to weekly or
bi-weekly during later phases.
Judicial Supervision: The Options Team meets weekly (on Tuesdays) from 4:30-5:30 p.m. to
discuss participant progress prior to the review hearing. At this case conference, the
judge is apprised of recommendations for rewards or sanctions. The team determines
through consensus what actions will be taken at hearing. Hearings are scheduled weekly
(also on Tuesdays) from 6:00-7:30 p.m. Attendance expectations for juveniles and
families vary by phase. Hearings are scheduled to maximize attendance, and do not
interfere with most work and school demands. In addition to the judge, team attendees
include probation specialists, interns, treatment representatives, defense attorney and
prosecutor, coordinator, and other interested parties, such as mentors and school
representatives. Specialists report on youth progress, therapists comment on treatment
issues, school representatives offer information about JobLink and school performance,
and attorneys address matters such as program violations requiring restrictive sanctions.
An overview of team member duties is as follows:
* Judge: Honorable Edward Sosnick presides at weekly status review hearings, and
participates in pre-hearing conferences.
* Prosecutor: Robert Zivian, Juvenile Unit of Oakland County Prosecutor's Office, reviews
police complaints on youth potentially eligible for the Options Program, prepares
petitions for court authorization, and attends all review hearings.
* Defense Attorney: Eliot Zipser serves as defense representative to the team, and
provides input on appropriate sanctions and rewards, protection of participants il rights
and other key issues. He attends all review hearings.
* Treatment Representatives: Marlene Hughes, Coordinator for Oakland County Office of
Substance Abuse, serves as consultant to the team on issues of clinical assessment,
treatment needs, and available community resources. Additionally, treatment providers
involved in client care, including Dr. Harry Broomfield from Perspectives of Troy and Nan
Reynolds from Oakland Family Services present first-hand information on treatment
progress.
* School Representative: Margaret Kelly from Oakland Intermediate School District
enrolls, monitors and reports on client progress in JobLink, special education
programming and other ISD support services.
* Coordinator: Corene Munro supports the probation specialists by providing case
supervision. She also acts as liaison to treatment providers, participates in all
meetings, oversees DCCAC, and performs other administrative duties as needed.
ATTACHMENT 2
STATEMENT OF WORK
* Drug Court Probation Specialists: Megan Abraham and Jacqueline Howes provide intensive
probation supervision to participants and families, maintain contacts with school and
police authorities, record client progress, plan and participate in family group
activities, etc.
* Referee: Martin Alvin, Senior Referee of the 6th Circuit Family Division, is a
quasi-judicial officer providing coverage for any absences of Judge Sosnick. He also
'clerks' at review hearings.
* Project Leader: Dr. Pamela Howitt, Deputy Administrator of the 6th Circuit -Family
Division, initiated Options, and manages program development and funding, in addition to
other oversight responsibilities.
* Researcher/Evaluator/Management Information Specialist: After issuing an RFP for the
evaluation project, Evaluation Associates and Consultants was chosen through competitive
bid to conduct the program evaluation.
* Data Entry Clerk: Carol Kowalewski maintains client files, enters program data into our
database, and performs basic statistical analyses as needed.
* Resource and Program Specialist: Karen MacKenzie, researches funding streams, prepares
funding requests, handles public relations and inquiries about the Options Program, and
maximizes community supports for the project.
The full team meets quarterly to review program goals and progress, and attends
twice-yearly training sessions.
Analysis of prior year's activities, and reasons for modifications:
As our program evaluation indicates, we have achieved all of our process outcomes, with
the exception of the number of clients served. We are attempting to address this issue,
particularly focusing on accepting more females and minority participants. Our team
functions cohesively, and we continue to educate ourselves about substance abuse and
juvenile delinquency through regular lunch hour learning sessions. Additionally, both
the probation staff and the coordinator have been to state and national trainings. As
noted, we would like to place more emphasis on family treatment as a modification to our
program. We also have experienced communication difficulties with the agency contracted
to perform drug tests, and we are meeting regularly with them to resolve the issue.
Regarding outcome data, we have met all of our objectives, and have five graduates to
date.
Management Plan:
1. Market Options to the probation officers and their supervisors in the northern part of
Oakland County. The coordinator will make presentations at their supervisory group
meetings and provide results of our program to date. Timeline: 1st Quarter of FY
2003-2004.
2. Consider changing vendors for drug testing and issue an RFP for competitive bids if
necessary. Timeline: 1st Quarter of FY 2003-2004.
ATTACHMENT 2
STATEMENT OF WORK
3. Expand the current capacity for family therapy by utilizing additional providers.
Timeline: 1st Quarter, FY 2003-2004
Cost /Benefits of Program:
A cost/benefit analysis of the program was completed in the program evaluation this
fiscal year. Results indicate that the cost of treating one youth in Options, including
administrative costs, staff salaries and all treatment components is approximately
$13,000 per year. This compares very favorably with the costs of residential treatment
facilities (Children's Village is $61,685 per resident per year; Crossroads for Youth is
$45, 260 per resident per year.)
PROGRAM BUDGET SUMMARY
BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT
FY 2003 - 2004
"Program: Date •repare I: Page: Of:
Oakland County Family -Focused Juvenile 4/2/2003 1
Contractor Name: Budget Period:
6th Circuit Court - Family Division 10/1/2003 - 9/30/2004
Mailing Address: Budget Agreement: .Amendment Number: _
1200 N. Telegraph _x_ Original ri Arnendment
City: State: Zip Code: Payee Federal ID Number:
Pontiac MI 48341
EXPENDITURE CATEGORY STATE FUNDS LOCAL MATCH 414 TOTAL BUDGET la
1. Salaries and Wages $67,227 $53,965 $121,192
, 2. Fringe Benefits $22,100 $21,586 $43,686
3. Travel
. Supplies and Materials
5. Contractual (Subcontracts) $75,300 $34,200 $109,500
6. Equipment Ki?
. Other Expenses
. c
.
1 ,
8. TOTAL DIRECT EXPENDITURES $164,627 $109,751 $274,378
9 Indirect Costs: 0 oh $0 a $0 _
10. TOTAL EXPENDITURES $164,627 $109,751 $274,378
SOURCE OF FUNDS STATE FUNDS LOCAL MATCH N.," TOTAL BUDGET
11. State Agreement $164,627 $164,627 , ‘
12. Fees and Collections $2,000 $2,000
13. Local $107,751 $107,751
14. Federal $ L. $0
t. 15. Other (s)
$ $0
:.
'
16. TOTAL FUNDING $164,627 $109,751 $274,378
DCH-0385(E) (Rev. 6-02) (Excel) Previous Edition Obsolete. Also Replaces FIN-110
IAuthority: P.A. 368 of 1978
Completion: Is Voluntary, but is required as a condition of funding. C‘
The Department of Community Health is an equal opportunity employer,
service, and programs provider.
=MIA%
fv1ICHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM BUDGET COST DETAIL of 1 Page 1
DCH-0386FY2002(E) (W) 6/2001 COMPLETION I : 1-..A.
-PROGRAM CODE BUDGET PERIOD DATE PREPARED
Drug Court s 72070-2-03-B 10/1/2003 to 9/30/2004
ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER
1. SALARY AND WAGES POSITIONS TOTAL
REQUIRED SALARY COMMENTS
Juvenile Drug Court Coordinator 1 $53,965 match funded position
Probation Specialist
1 $52,891
Data Entry Clerk
0 .5 .$14 , 336
TOTAL SALARIES AND WAGES
2 . 5 $121,192
2. FRINGE BENEFITS (specify)
X FICA X LIFE INS. FX1 DENTAL INS X COMPOSITE RATE
X UNEMPLOY INS. X VISION INS. ril WORK COMP AMOUNT %
X RETIREMENT X HEARING INS.
X HOSPITAL INS. OTHER
TOTAL FRINGE BENEFITS $ $4 3 , 686
3. TRAVEL (specify if any item exceeds 10% of Total Expenditures)
$
4. SUPPLIES AND MATERIALS (specify if any item exceeds 10% of Total Expenditures)
$ $0
5. CONTRACTUAL (SUBCONTRACTS)
NAME ADDRESS AMOUNT
Office of Substance Abu Elizabeth bake Road Pontiac , Mich $55,000 $34,200
Jail Alternatives of Mi 32580 Grand River Farmington Hills $9,500 $0 $ $109,500
_Evaluators and Consulta 1060 Hickory Hill Drive Rochester, $10,800 $0
6. EQUIPMENT (specify)
$ $ 0
7. OTHER EXPENSES (specify if any item exceeds 10% of Total Expenditures)
$ $0
8. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7)
$ $274,378
9. INDIRECT COST CALCULATIONS
Rate 0% $ 0 $0 $ $0
10. TOTAL EXPENDITURES (sum of lines 8-9)
$ $274,378
ATTACHMENT 4
ATTACHMENT C
PERFORMANCE / PROGRESS REPORT REQUIREMENTS
A. The Contractor shall submit the following reports on the following dates:
The instructions for completing the automated quarterly program reports will be provided
under separate cover.
The instructions for completing the automated monthly financial status reports will be
provided under separate cover.
B. Any such other information as specified in Attachment A shall be developed and submitted
by the Contractor as required by the Contract Manager.
C. Reports and information shall be submitted to the Contract Manager at:
All progress and financial reports will be submitted electronically through the MAGIC
system.
D. The Contract Manager shall evaluate the reports submitted as described in Attachment C,
Items A. and B. for their completeness and adequacy.
E. The Contractor shall permit the Department or its designee to visit and to make an
evaluation of the project as determined by Contract Manager.
FINANCIAL STATUS REPORT
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
ATTACHMENT 5
BP° Number Contract Number Page Of
Local Agency Name Program Code
Street Address Report Period Date Prepared
Thru E Final
City, State, ZIP Code Agreement Period FE ID Number
Thr_u
a ' > :r.ExpieriditUr4 _ .0010
(Ctirrent Pei*, ' !'Agreement .Y.T , lEt.uclget Oar*,
1. Salaries & Wages
2. Fringe Benefits
3. Travel
4. Supplies & Materials
5. Contractual (Sub-Contracts)
6. Equipment
7. Other Expenses
8. TOTAL DIRECT
9. Indirect Costs: Rate %
10. Other Cost Distributions
11. TOTAL EXPENDITURES
SOURCE OF FUNDS:
12. State Agreement
13. Local
14. Federal
15. Other
16. Fees & Collections
17. TOTAL FUNDING
CERTIFICATION: I certify that I am authorized to sign on behalf of the local agency and that this is an accurate statement of expenditures and collections for
the report period. Appropriate documentation is available and will be maintained for the required period to support costs and receipts reported.
Authorized Signature Date Title
Contact Person Name
FOR STATE USE ONLY
AdvanCe ' Itill:.1.EX ::..P CA.. OBDE AmouNt
Advance Outstanding
Advance Issued or Applied _
Balance
Message
Authority: PA. 368 of 1978 The Department of Community Health is an equal opportunity,
Completion: is a Condition of Reimbursement employer, services, and programs provider.
DCH-0384 (Rev. 4/01) (W) Previous Edition Obsolete
ATTACHMENT 6
Audit Status Notification Letter
(Contractor exempt from the Single Audit or Financial Audit requirement)
Date:
To: Office of Audit
Quality Assurance and Review Section
Re: Period/ Fiscal Year:
The purpose of this letter is to comply with Michigan Department of Community
Health grant contract Audit requirements. I certify that the
(Name of Contractor)
expended less than $300,000 in federal awards, and received less than $300,000 in
total Department funding. Please be advised that our agency's audit did not address
any findings related to current or prior years, that negatively impact MDCH-funded
programs. Therefore, we are not required to submit either a Single Audit or Financial
Audit to the Department.
If you have questions, please contact at
(Contractor's Representative)
(Telephone number).
Sincerely,
(Contractor Representative/ Title)
Key Component #1
Key Component #2
•
ATTACHMENT A
STATEMENT OF WORK
The Agency agrees to undertake, perform, and complete the additional services as described
below. It is understood and agreed that all other conditions of the original agreement remain the
same.
1. The Agency is required to submit four Quarterly Program Reports that detail the progress
of each drug court program funded. Program Reports are due:
January 20, 2004
April 20, 2004
July 20, 2004
October 20, 2004
2. The Contractor agrees to comply with the Key Components of Drug Courts as specified
by the U.S. Department of Justice, Drug Courts Program Office and the National
Association of Drug Court Professionals. The 10 key components are as follows:
Key Component #3
Key Component #4
Key Component #5
Key Component #6
Key Component #7
Key Component #8
Key Component #9
Key Component #10
Drug Courts integrate alcohol and other drug treatment services
with justice system case processing.
Using a non-adversarial approach, prosecution and defense counsel
promote public safety while protecting participants' due process
rights.
Eligible participants are identified early and promptly placed in the
drug court program.
Drug Courts provide access to a continuum of alcohol, drug, and
other related treatment and rehabilitation services.
Abstinence is monitored by frequent alcohol and other drug
testing.
A coordinated strategy governs drug court responses to
participants' compliance.
Ongoing judicial interaction with each drug court participant is
essential.
Monitoring and evaluation measure the achievement of program
goals and gauge effectiveness.
Continuing interdisciplinary education promotes effective drug
court planning, implementation, and operations.
Forging partnerships among drug courts, public agencies, and
community-based organizations generates local support and
enhances drug court effectiveness.
In addition, the Contractor will comply with the following requirements:
1. Drug court programs receiving treatment dollars funded through Byrne must use licensed
and accredited substance abuse treatment providers contracted through the Substance
Abuse Coordinating Agencies.
2. Drug court participants must be employed, seeking employment or engaged in activities
to enable them to be employed. Juvenile drug court participants should be engaged in
educational and/or vocational endeavors.
3. A plea by participants is required; no deferred prosecution.
4. Both adult and juvenile drug courts should provide treatment and rehabilitative services
based upon a comprehensive assessment of participant needs. Participation in 12-step
and other faith-based programs is encouraged.
5. Participants are to be required to make some payment toward drug court costs. Payment
may be on a sliding scale, ability to pay basis.
FISCAL NOTE #03316 November 20, 2003
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: CIRCUIT COURT FAMILY DIVISION - FY 2004 BYRNE GRANT PROGRAM - FROM
THE MICHIGAN OFFICE OF DRUG CONTROL POLICY - CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Circuit Court Family Division has received a grant from the
Michigan Department of Community Health, Office of Drug Control
Policy in the amount of $274,378, providing funding for a grant
period of October 1, 2003 through September 30, 2004.
2. The contract award is for $274,378 including $164,627 in State
funds and $109,751 in Local match.
3. The Local match of $109,751 is met by the 2004 SCAO grant,
requiring no General Fund/General Purpose funds.
4. Should the SCAO grant used as match for this Byrne Grant not be
awarded, Byrne Grant expenditures must be reduced to the level of
the Byrne Grant awarded.
5. The grant award includes the continued funding of one (1) Special
Revenue full-time eligible (FTE) Youth and Family Caseworker II
position (#35402-09835) and (1) Special Revenue part-time non-
eligible (PTNE) Technical Aide position (#35402-09836), and
contracted services of $75,300.
6. An amendment to the FY 2004 Budget is recommended as follows to
accept the continuation of funding from the Byrne Memorial Grant,
to the Circuit Court Family Division - Juvenile Drug Court grant:
Special Revenue Fund 279 FY 2004
Revenue
1-35-279-100692-28000-0171 Grants-State $164,627
$164,627
Expenditures
2-35-279-200612-28000-2001 Salaries $ 67,227
2-35-279-200612-28000-2075 Fringe Benefits 22,100
2-35-279-200612-28000-2560 Consultant $ 75,300
$164,627
FINANCE COMMITTEE
("4(-11-7 /k61
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Moffitt and Crawford
absent.
G. William Caddell, County Clerk
4 • •
Resolution #03316 November 20, 2003
Moved by Wilson supported by Hatchett the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long,
McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster,
Wilson, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
1.•••
I HEREBY ANNE THE FOREGONG RESOLUTIM
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
November 20, 2003 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 20th day of November, 2003.