HomeMy WebLinkAboutResolutions - 2004.12.09 - 27459Public Services Committee Vote:
Motion carried unanimously on a roll call vote.
PUBLIC SERVICES COMMITTEE A..... j
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MISCELLANEOUS RESOLUTION #04361 December 9, 2004
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: 52nd DISTRICT COURT, DIVISION IV — 2005 MICHIGAN DRUG COURT PROGRAM
CONTINUATION (SCAO) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 52nd 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 October 1,
2004 through September 30, 2005; and
WHEREAS the total program cost is $82,103 which includes $12,000 in State funding, $39,603 in
County's in-kind matching funds, required cash matching funds of $5,500 and carry forward of unspent
calendar year 2004 funds of $25,000; 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 (#32505-09716) shall be continued in the
Probation Unit, which will be covered by grant funds; 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; and
WHEREAS the grant funding period has been changed from a calendar year grant to a fiscal year
grant coinciding with the County's fiscal year.
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
$82,103, which includes $12,000 from the State, $39,603 in County in-kind match, carry forward of
unspent calendar year 2004 funds of $25,000 and $5,500 of required County cash matching funds.
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. 32505-09716) 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 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.
Prentiss Malone, Jr.
From: Greg Givens [givensg@co.oakland.mi.us ]
Sent: Wednesday, November 17, 2004 1:13 PM
To: Doyle, Larry; VerPloeg, James
Cc: Malone, Prentiss; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary;
Hanger, Helen; Agacinski, Karen
Subject: CONTRACT REVIEW - 52-4 District Court - Troy
CONTRACT REVIEW - 52-4 District Court - Troy
-----
GRANT NAME: FY 2005 Troy Drug Therapy Court - SCAO
FUNDING AGENCY: SCAO Michigan Drug Court Program / State Court
Administrative Office
DEPARTMENT CONTACT PERSON: Jim VerPloeg / 80406
STATUS: Acceptance
DATE: November 17, 2004
Pursuant to Misc. Resolution #01320, please be advised the captioned
grant materials have completed internal contract review. Below are the
comments returned by review departments. Please note the comment from
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.
Department of Management and Budget:
Approved.- Laurie Van Pelt (11/5/2004)
Department of Human Resources:
Approved. - Ed Poisson (11/5/2004)
Risk Management and Safety:
Approved. - Gerald Mathews (11/8/2004)
Corporation Counsel:
SCAO has made the contract revision about which subcontracts require
prior
approval by SCAO. There appears to be no other outstanding legal issues
which require resolution. - Karen Agacinski (11/16/2004)
1
If you have any Author questions, please Contact me. •
Si
11 A. Monk
State Colin Administrator
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• 'February irt. 2001
Honorable Brian MacKenzie
52'd District Court
43110 Grand River Ave.
. Novl, MI 48374-1222
Dear Judge MacKenzie:
Pursuant to our conversation this ,. ;,.! . . regarding the Michigan Drug Court Grant
Program, I am providing information concerning =nee #4 in the application materials.
The assurances included in the Michigan Drug Court Grant applicaticut materials are the
4tcc same as the assurances required to apply for and ept federal pingram funding for drug court
progriuns. A5343311270X #4 calls for the applicant provide ILIZuralice Of IL program's baga to
continuo funding whether that be from local, 9 state, or federal sources of funding. The
Michigan Drug Court Great Proem& is a state ated program funded with litnited general ;ropy!
fund dollars. - The fUnding is intended to assist in developing and implementing new programs
and provide limited support to Calitinuiug pro . It is, however, the program's responsibility
to eventually seek additional sources of furs:ling. This should not be construed as a mandate fec
future funding of a program front the finding
MICHIGAN SUPREME COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN DRUG COURT GRANT PROGRAM
2005
GRANT CONTRACT
52-4 District Court-Troy
Grantee
38-6007300
Federal ID Number
SCAO-2005-025
SCAO Grant Number
$12,000
Grant Amount
Public Act 339, effective October 1, 2004, provides funding for the Michigan Drug Court
Grant Program for FY 2005. This program is administered by the State Court Administrative
Office. The purpose of the Michigan Drug Court Grant Program is to provide funding assistance
to trial courts to help with planning new drug courts, implementing both new and existing drug
courts, and continuing funding for drug court programs no longer eligible to receive federal
funding.
Funds from the Michigan Drug Court Grant Program are awarded to grantees conditioned
upon the grantee's agreement to comply with the policies and procedures set forth in the
application guidelines and administrative requirements for the program and this grant contract.
Michigan Drug Court Grant Program-2005
Page 2
ConP.
This contract incorporates grantee's approved grant request and final approved budget.
2. Contract Administration
The State Court Administrator or his/her agent shall have full authority to act for the
Grantor in the Administration of this contract consistent with the following provisions.
3. Term of Contract
This contract shall be effective upon the signature of the State Court Administrator or
Deputy State Court Administrator and the signature of the grantee's authorizing official and
chief judge. The contract shall commence October 1, 2004, and shall terminate on September
30, 2005, unless terminated earlier. Funding under this contract does not guarantee future
funding from the Michigan Drug Court Grant Program.
4. Contract Funding
Upon approval of the grantee's application and signing of this contract, the State Court
Administrative Office agrees to provide funding from the Michigan Drug Court Grant Program
in an amount not to exceed the amount of the grant contract. In no event does this contract create
a charge against any other funds of the State Court Administrative Office or the Michigan
Supreme Court.
5. Conduct of the Project
A. The Grantee shall abide by all terms and conditions imposed and required by the
grant application guidelines and budget requirements.
Michigan Drug Court Grant Program-2005
Page 3
B. Thc Grantee shall operate its drug court project in accordance with the key
components of drug courts as outlined in the application guidelines.
C. The Grantee shall comply with all applicable federal, state, and local laws, rules,
and regulations.
6. Cash/In-Kind Match
The state share of the grant project may not exceed 75% of the total State Court
Administrative Office project cost. At least 25% of the total project cost is a required match and
must come from a combination of local cash, in-kind, or other sources. Cash contributions must
constitute at least 5% of the total project cost.
7. Assignments and Subcontracts
All provisions and requirements of this contract shall apply to any subcontracts or
agreements the grantee may enter into in furtherance of its obligations under this contract. The
grantee shall provide copies of all subcontracts for services funded by this grant to the State
Court Administrative Office for review and approval prior to entering into the subcontract
agreement and shall be responsible for the performance of any subcontractor.
8. Independent Contractor Status
A. Both parties to this contract will be acting in an independent capacity and not as
an agent, employee, partner, joint venture, or associate of one another. The
employees or agents of one party shall not be deemed or construed to be the
agents or employees of the other party for any purpose.
B. The grantee understands and agrees that all persons furnishing services pursuant
to this contract are, for purposes of workers' compensation liability or other
Michigan Drug Court Grant Program-2005
Page 4
actions of einployee-i elated liability; not employ
Administrative Office or the Michigan Supreme Court. The grantee bears the sole
responsibility and liability for furnishing workers' compensation benefits to any
of its employees for injuries arising from or connected with services performed
pursuant to this contract.
9. 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 the terms of this contract or applicable law.
This contract is not intended to increase or decrease either party's liability for or immunity from
legal 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 by law, for claims arising out of the
performance of this contract.
10. Debarment and Suspension
The grantee may not contract with or make any award of the State Court Administrative
Office drug court grant funds at any time to any party that has been debarred or suspended or is
otherwise excluded from or ineligible for participation in federal assistance programs under
Executive Order 12549, "Debarment and Suspension."
11. Acquisition, Accounting, Record Keeping & Inspection
A. The 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 the grantee's unit of
I • • • ••:;- - . 6 _
Michigan Drug Court Grant Program-2005
Page 5
Drug Court Grant Program.
B. The grantee agrees to maintain accounting records following generally accepted
accounting principles for the expenditure of funds for the purposes identified in
the approved grant request, final approved budget, and any applicable approved
contract addendum and/or budget amendment.
C. The grantee agrees that the Michigan 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. The grantee shall retain all books, records, including all pertinent cost
reports, accounting and financial records, or other documents related to this
contract, for five (5) years after final payment, at the grantee's cost; federal and/or
state auditors, and any persons duly authorized by the State Court Administrative
Office, shall have full access to and the right to examine and audit any of the
materials during the term of this contract and for five (5) years after final
payment. If an audit is initiated before the expiration of the five-year period, and
extends past that period, all documents shall be maintained until the audit is
complete. The State Court Administrative Office shall provide audit findings and
recommendations to the grantee. The State Court Administrative Office may
adjust future or final payments if the findings of the audit indicate over-or under-
payment to the grantee for the period audited, subject to the availability of funds
Michigan Drug Court Grant Program-2005
Page 6
Dr sucn purposes. it an auart Discloses an overm
grantee shall immediately refund all amounts that may be due the State Court
Administrative Office. Failure of the grantee to comply with the requirements of
this section shall constitute a material breach of this contract upon which the State
Court Administrative Office may cancel, terminate, or suspend this contract.
D. The grantee's accounting system must maintain a separate fund or account that
segregates the Michigan Drug Court Grant Program contract receipts and
expenditures from other receipts and expenditures of the grantee.
12. Accountability for Michigan Drug Court Grant Program Funds
The grantee agrees that it will not expend funds obtained under this contract for any
purpose other than those authorized in the administrative requirements and specified in the grant
application and revised approved budget for the Michigan Drug Court Grant Program, and will
expend grant funds only during the period covered by this contract, unless prior written approval
is received from the State Court Administrative Office.
13. Program Review and Monitoring
The grantee shall give the State Court Administrative Office and any of its authorized
agents access to the drug court at any reasonable time to evaluate, audit, inspect, observe, and
monitor the operation of the program. The inspection methods that may be used include, but are
not limited to: on-site visits; interviews of staff and drug court participants; and review of case
records, receipts, monthly/quarterly statistical reports, and fiscal records.
Michigan Drug Court Grant Program-2005
Page 7
e
The 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:
A. Financial Reports. Financial reports are due quarterly, one month following
each quarter of the fiscal year, with the exception of the 4th quarterly report
which will be due October 10, 2005, in order to meet fiscal year-end reporting
requirements. The financial quarterly reports will be due January 31, 2005; April
30, 2005; July 31, 2005; and October 10, 2005. The State Court Administrative
Office will provide copies of the financial report forms upon request.
B. Progress Reports. Progress reports are due semi-annually. The reports will be
due on March 1, 2005, and September 1, 2005. The progress reports will list the
drug court program's goals and objectives, detail the status of accomplishments
for each goal and objective, discuss any changes in the program's goals and
objectives as set forth in the application for grant funding, and describe program
activities during the reporting period. 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.
C. Drug Court Grantee Data Reporting. Felony adult, DUI/OUI and juvenile
drug court recipients of implementation and continuation funding are required to
submit to the State Court Administrative Office on a quarterly cycle the Drug
Court Quarterly Program Report developed by the Office of Drug Control Policy.
Family dependency drug court recipients of implementation and continuation
funding are required to submit to the State Court Administrative Office the Drug
Michigan Drug Court Grant Program-2005
Page 8
•II &I 1;1 - • it I -sit " •" i • " • •-•-•" : • •
Office. The quarterly reports will be due January 31, 2005; April 30, 2005; July
31, 2005; and October 10, 2005. Should a grantee awarded funds for planning
purposes become operational during the contract period, the grantee will be
responsible for submitting the appropriate quarterly program reports for the
quarter immediately following program implementation as required above for
courts receiving implementation funding. The grantee is responsible for obtaining
the appropriate quarterly report forms.
D. Grant Funding Reallocation. The State Court Administrative Office retains the
right to reallocate grant funding if ongoing progress is not being made toward
achieving the program's goals and objectives and/or in the implementation of the
drug court grant project as defined in the approved grant request. Reimbursement
for grant costs and/or future funding may be withheld or denied if any of the
required reports in this section are delinquent or received thirty (30) days past
their due date.
15. Budget Modification
Adjustments in expenditures up to $1,000 within line item categories in the approved
budget and transfers up to $1,000 between line item categories in the approved budget may be
made without the prior written approval of the State Court Administrative Office. Requests for
adjustments in expenditures within line items and between line item categories exceeding $1,000
must be made using a Contract Adjustment Request Form which can be obtained from the State
Court Administrative Office.
. Termination/ Funding Hu
. 0.
Michigan Drug Court Grant Program-2005
Page 9
The State Court Administrative Office may, at its election, place a funding hold on
contracted amounts not yet disbursed or terminate this contract if it 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.
It is agreed that, if funding for this contract becomes unavailable to the State Court
Administrative Office, this contract may be canceled immediately upon notice to the grantee
without further financial liability to the State Court Administrative Office.
Authorized By:
State Court Administrative Office Date
Acceptance by Grantee:
Authorizing Official (Signature and Title) Date
Chief Judge (Signature) Date
. •
. •• Michigan Drug Court Graht Program-2004
Page 10
10
MICHIGAN DRUG COURT PROGRAM 2005
• am/.
FISCAL NOTE _OISC,40,4361)
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: 52nd DISTRICT COURT, DIVISION IV -
CONTINUATION (SCAO) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
December 9, 2004
reviewed
1.
the above referenced resolution and finds:
The 52nd District Court, Division IV (Troy) has received a grant
from the State Court Administrator's Office (SCAO), Michigan Drug
Court Program, for the period of October 1, 2004, through
September 30, 2005 representing a change in funding period from
coinciding with the County's calendar year to fiscal year grant,
fiscal year.
2. The award from SCAO is for $12,000, in addition to $39,603 in
County in-kind match, $5,500 cash match, and carry forward
funding of $25,000 from the 2004 calendar year SCAO grant. The
total program funding is $82,103.
3. The County in-kind match consists of $39,603 from District Court
General Fund/General Purpose personnel support.
4. The in-kind matches are currently budgeted in the General
Fund/General Purpose budget and therefore, no budget amendments
are necessary to cover these costs.
5. The grant contract includes the continued funding for one (1)
special revenue part-time non-eligible Probation Officer I
position (32505-09716), to provide administrative support and
intensive probation supervision and frequent alcohol testing of
defendants.
6. In addition to the County match requirements, the County is
expected to incur administrative and support costs of $4,783 for
2005, which have been included in the FY 2005 budget. This grant
does not allow for recovery of indirect costs.
7. A budget amendment to the FY 2005 budget is recommended as
follows to accept continued funding from the SCAO grant:
General Fund FY 2005
Expenditures
90-290000-25000-2872 Non-Dept. - Grant Match ($ 5,500)
32-505100-20006-2872 District Ct. - Grant Match 5,500
0
Special Revenue Fund 279
Revenue
1-32-279-100403-28000-0171 Grants-State $ 12,000
1-32-279-100403-28000-0167 Grant Match 5,500
$ 17,500
Expenditures
2-32-279-200403-28000-2001 Salaries 460
2-32-279-200403-28000-2560 Consultant 16,540
2-32-279-200403-28000-4156 Lab. Supplies 500
$ 17,500
FINANCE COMMITTEE
C k
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Webster absent.
-JL- Ir •
Resolution #04361 December 9, 2004
Moved by Bullard supported by Coulter the resolutions on the Consent Agenda, as amended, be adopted
(with accompanying reports being accepted).
AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowall, Law, Long,
McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Zack, Bullard.
(22)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were
adopted (with accompanying reports being accepted).
•
I HEREBY APPROVE THE FOREGOING RESOLUTION
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
December 9, 2004 with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of thp County of Oakland at
Pontiac, Michigan this 9th day of December, 2004.
G. William Caddell, County Clerk