Loading...
HomeMy WebLinkAboutResolutions - 2004.12.09 - 27460December 9, 2004 REPORT (MISC. #04362) BY: PERSONNEL COMMITTEE, GREGORY JAMIAN, CHAIRPERSON RE: CIRCUIT COURT — 2005 BYRNE GRANT PROGRAM — ADULT — FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY — CONTRACT ACCEPTANCE TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above mentioned Resolution on December 1, 2004 Reports with the recommendation the Resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on unanimous roll call vote. MISCELLANEOUS RESOLUTION #04362 December 9, 2004 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: CIRCUIT COURT - 2005 BYRNE GRANT PROGRAM - ADULT - 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 in the amount of $165,000 with a revised grant period of October 1, 2004 through September 30, 2005; and WHEREAS the Circuit Court/General Jurisdiction Adult Drug Court has received continuation funding 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 the Circuit Court Adult Drug Court Program is currently funded by the Byrne Memorial Drug Court Grant, and the State Court Administrative Office (SCAO) grant; and WHEREAS the Circuit Court, General Jurisdiction Division Adult Drug Court Program is awarded total program funds of $275,000 which includes a match of $110,000 to be funded by SCAO Grant in-kind funds; and WHEREAS the Byrne grant award is in the amount of $165,000, the matching SCAO Grant funds of $110,000 includes a required County cash match, and carry forward funds; and WHEREAS grant acceptance seeks continuation funding for one Community Service Coordinator position (35301-09837), and would create: one PTNE Technical Aide position, and one FTE Community Corrections Specialist II positions; and, WHEREAS grant also funds contracted services for therapy for drug court clientele; 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 $275,000 which includes $110,000 from the State Court Administrators Office (SCAO), and $165,000 in Byrne Memorial Grant 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 Public Services Committee Vote: Motion carried unanimously on a roll call vote. the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that grant acceptance would continue funding for one Community Service Coordinator position (35301-09837), and would create: one PTNE Technical Aide position, and one FTE Community Corrections Specialist II positions. BE IT FURTHER RESOLVED that grant continues to fund contracted services for therapy for drug court clientele. 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. (L-A/ Publidt Services Committee Prentiss Malone, Jr. From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Monday, November 15, 2004 10:32 AM To: Doyle, Larry; Smith, Libby Cc: Cooperrider, John; Malone, Prentiss: Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary; Hanger, Helen Subject: CONTRACT REVIEW — Circuit Court / Byrne CONTRACT REVIEW - Circuit Court GRANT NAME: 2004-2005 Adult Treatment Court - Byrne FUNDING AGENCY: Byrne Grant Administered through the State Court Administrative Office DEPARTMENT CONTACT PERSON: Libby Smith / 22195 STATUS: Acceptance DATE: November 15, 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 comments 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 (11/8/2004) Risk Management and Safety: Approved. - Gerald Mathews (11/8/2004) Corporation Counsel: After reviewing this grant contract, there appear to be no unresolved legal issues that require additional action. However, a few grant requirements merit mention: 1. Any publication (written, visual, or sound, including press releases, newsletters and issue analyses) issued by the Contractor, or a Subcontractor describing the programs or projects funded in whole or in part with Federal funds, must contain the required notice/disclaimer found in Part II, Section 1A. 2. Research involving human subjects must be submitted to and reviewed by the Department of Community Health Institutional Review Board. 3. Subcontracts must carry the disclaimers and assurances that are specifically required by this contract. - Karen Agacinski (11/12/2004) 1 Michigan Supr State Court Adatint P.O. Sox Lansing. Michi • Phone OM Jahltalrermln,ftim Fchrussy me Court tive _Office 42909 1.1U AdoinOvelpr. 2001 • If you have any bother questions. please me. • Si ,1•CT 1 ..? n A. Monk State Con= Administrator . Feb-06-01 01:16P mackanzie Fil-aS-01 12:47 Prom: SCAO CENTRAL 48-306 1 9747 P . 02 5172732112 • 7-420 P.42/02 .16-111 Honorable Brian MacKenzie . 524 District Court 4110 Grand RiVerAve. Novl, MI 48374-1222 . Dear Judge MacKenzie: Pursuant to our conversation this m*ntin regarding the Michigan Drug Court Grant Program, I am providing information conccrniu surance #4 in the application materials. The assurances included in the Michigan Drug Court Grant application materials are the thicce same as the assurances required to apply for and I pt federal program runding for drug court programs. Assurance #4 calls for the applicant provide assurance of *program's haw to continue funding whether that be from local, o state, or federal sources of fimding. The Michigan Drug Court Grant Program is a state - - • - rued program funded with lintited gentne fund dollars. ' The funding is intended * assist in developing and implementing new programs and provide limited support to continuing pro _. •.., • h is, however, the program's responsibility to eventually seek additional acurcee of funding.itThia should not be construed as a mandate for future funding of a program front the flnuling uns Contract #: SCAO 05-044 Grant Agreement Between Michigan Supreme Court State Court Administrative Office hereinafter referred to as the "SCAO" and County of Oakland, 6th Circuit Court 1200 N. Telegraph Rd. Pontiac, MI 48341 Federal I.D.#: 38-6004876 hereinafter referred to as the "Contractor" for Adult Drug Court Part I 1. Period of Agreement: This agreement shall commence on October 1, 2004 and continue through September 30, 2005. 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 $ 275,000, The SCAO under the terms of this agreement will provide funding not to exceed $ 165,000. The federal funding provided by the SCAO: is approximately $ 165,000 or 60%; the Catalog of Federal Domestic Assistance (CFDA) number is 16.579 and the CFDA Title is Byrne Memorial Formula Grant; the federal agency name is United States Department of Justice; the federal grant award number is 2004DBBX0052 and 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 listed in the supporting Equipment Inventory 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 DCH-0665FY2005 4/04 (W) Page 1 of 15 to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The SCAO 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 - _-••' - .• - --• -e-•n ••-• •••• ___• retention or transfer of title. 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 SCAO. 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 A. 4. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in Attachment 2, which is 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 part of this agreement through reference. 6. Performance/Progress Report Requirements: The progress reporting methods, as applicable, shall be followed as described in Attachment 4, which is part of this agreement through reference. 7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in Part II and Attachment 7, which is part of this agreement through reference. 8. Administration of the Agreement: The person acting for the SCAO in administering this agreement (hereinafter referred to as the Contract Manager) is: Phyllis Zold-Kilbourn. PhD Management Analyst (517) 373-5596 zoldp@courts.mi.gov Name Title Telephone No. Email Address 9. Special Conditions: A. This agreement is valid upon approval by the State Administrative Board as appropriate and approval and execution by the SCAO. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. The SCAO will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. DCH-0665FY2005 4/04 (\N) Page 2 of 15 10. Special Certification: The Authorized Official's typed name, in lieu of a signature represents the Contractor's legal binding acceptance of the term of this Grant Agreement including the federal Non- supplanting provision, Certifications and Assurances agreed to prior to application submission and included in Attachment 7. Part ll General Provisions 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 SCAO 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 SCAO's name must be approved by the SCAO 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 SCAO in any and all publications papers and presentations arising from the program and service contract herein; the SCAO will do likewise. B. Fees Make reasonable efforts to collect 1 st and 3rd party fees, where applicable, and report these as outlined by the SCAO's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. DCH-0665FY2005 4/04 MO Page 3 of 15 C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by the SCAO at the effective date of this agreement, and provide the SCAO 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 appropriately 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 SCAO, 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. Audits Single Audit 1. Provide, consistent with regulations set forth in the Single Audit Act Amendments of 1996, P.L. 104-156, 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 SCAO. The federal OMB Circular A-133 requires either a Single Audit or program- specific audit (when a contractor is administering only one federal program) of agencies that expend $500,000 or more in federal awards during the Contractor's fiscal year. Contractors who have a Single Audit conducted as a result of $500,000 or more in expenditures of Federal funds must submit the Single Audi reporting package and management letter, if issued, to the SCAO even if Federal funding received from the SCAO results in less than $500,000 in expenditures. DCH-0665FY2005 4/04 (W) Page 4 of 15 The Contractor must assure that each of its subcontractors comply with the above Single Audit requirements, as applicable, and provide for other subcontractor monitoring procedures, as deemed necessary. The Contractor must also assure that the Schedule of Experitures of Federal Awards includes expenditures for all federally funded grants. 2. Financial Statement Audit Contractors exempt from the Single Audit requirements that receive $500,000 or more in total funding from the SCAO in State and Federal grant funding must submit a copy of the Financial Statement Audit prepared in accordance with generally accepted auditing standards (GAAS), and management letter, if one is issued. Contractors exempt from the Single Audit requirements that receive less than $500,000 of total SCAO grant funding must submit a copy of the Financial Statement 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. 3. Other Audits The SCAO or federal agencies may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. 4. Notification When a Contractor is exempt from both the Single Audit requirements and the Financial Statement Audit requirements because funding is below the thresholds described above and there are no disclosures that may negatively impact MDCH-funded programs, the Contractor must submit an Audit Status Notification Letter that certifies these exemptions. Attachment 6 contains a sample Audit Status Notification Letter. 5. Due Date The Single Audit reporting package and management letter, if one is issued, Financial Statement Audit and management letter, if one is issued, or Audit Status Notification Letter shall be submitted to the SCAO within nine months after the end of the Contractor's fiscal year. 6. Penalty a. Delinquent Single Audit or Financial Statement Audit If the Contractor does not submit the required Single Audit reporting package and management letter, or the Financial Statement Audit and management letter within nine months after the end of the Contractor's fiscal year, the SCAO may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $100,000) until the required filing is received by the SCAO. The SCAO may retain the amount withheld if the contractor is more than 120 days delinquent in meeting the filing requirements. DCH-0665FY2005 4/04 (W) Page 5 of 15 b. Delinquent Audit Status Notification Letter Failure to submit the Audit Status Notification Letter, when required, may result in withholding from the current funding an amount equal to one percent of the audit year's grant funding until the Audit Status Notification Letter is received. 7. Where to Send A copy of the Single Audit reporting package and management letter, if one is issued, Financial Statement Audit and management letter, if one is issued, or the Audit Status Notification Letter must be forwarded to: Michigan Supreme Court State Court Administrative Office P.O. Box 30048 (Hall of Justice, 925 West Ottawa) Lansing, MI 48909 8. Management Decision The SCAO shall issue a management decision on findings and questioned costs contained in the Contractor's Single Audit within six months after the receipt of a complete and final audit report. The management decision shall include whether or not the audit finding is sustained; the reasons for the decision; and the expected Contractor action to repay disallowed costs, make financial adjustments, or take other action. Prior to issuing the management decision, the SCAO may request additional information or documentation from the Contractor, including a request for auditor verification of documentation, as a way of mitigating disallowed costs. H. Notification of Modifications Provide timely notification to the SCAO, in writing to the SCAO, of any action by its governing board or any other funding source that would require or result in significant modification in the provision of services, funding or compliance with operational procedures. Software Compliance The Contractor must ensure that software compliance and compatibility with the SCAO's data systems for services provided under this agreement including but not limited to: stored data, databases, and interfaces for the production of work products and reports. All required data under this agreement shall be provided in an accurate and timely manner with out interruption, failure or errors due to the inaccuracy of the Contractor's business operations for processing date/time data. J. Human Subjects The Contractor agrees to submit all research involving human subjects, which is conducted in programs sponsored by the SCAO, or in programs which receive funding from or through the State of Michigan, to the SCAO's Human Subjects Committee for approval prior to the initiation of the research. DCH-0665FY2005 4/04 OM Page 6 of 15 II. Responsibilities - SCAO The SCAO 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 SCAO 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. Ill. Assurances The following assurances are hereby given to the SCAO: 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 DCH-0665FY2005 4/04 (W) Page 7 of 15 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 CM I- Rights Act, 1976 PA 220, as amended, MCL • I breach of the contract or purchase order. 2. Additionally, assurance is given to the SCAO 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 SCAO 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 SCAO 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 DCH-0665FY2005 4/04 (W) Page 8 of 15 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 • ay •- Yr • - .7,60 - -0 - : 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 penalty 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. 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 SCAO 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 SCAO; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. DCH-0665FY2005 4/04 (VV) Page 9 of 15 3. That the subcontract does not affect the Contractor's accountability to the SCAO 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 SCAO. H. 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. Health Insurance Portability and Accountability Act To the extent that this act is pertinent to the services that the Contractor provides to the SCAO under this agreement, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following: 1. The Contractor must not share any protected health data and information provided by the SCAO 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 SCAO 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 HIPAA 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 SCAO 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. DCH-0665FY2005 4/04 (W) Page 10 of 15 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 SCAO or any other source. J. Supplanting The Contractor will comply with Federal requirements concerning supplanting. Funds must be used to supplement existing funds for program activities and no 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 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 SCAO based on the understanding that SCAO funds will be paid up to the total SCAO allocation as agreed to in the approved budget. SCAO 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 SCAO. FSRs must be submitted on a monthly basis, no later than thirty (30) days after the close of each calendar month. The monthly FSRs must reflect total actual •ro•ram ex•enditures, re•ardless of the source of funds. 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. DCH-0665FY2005 4/04 (W) Page 11 of 15 D. Final Obligations and Financial Status Report Requirements 1. Preliminary Close Out Report use Out Fieuon submitted by the due date to the SCAO using the format provided by the Michigan Department of Community Health's Accounting Division. The Contractor must provide an estimate of total expenditures for the entire agreement period. The information on the report will be used to record the SCAO's year-end accounts payables and receivables for this agreement. 2. Final FSRs Final FSRs are due sixty (60) days following the end of the fiscal year or agreement period. Final FSRs not received by the due date may result in the loss of funding requested on the Preliminary Close Out Report and may result in the potential reduction in the subsequent year's agreement amount. E. Unobligated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the SCAO or treated in accordance with instructions provided by the SCAO. V. Agreement Termination The SCAO may cancel this agreement without further liability or penalty to the SCAO 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 SCAO with all financial, performance and other reports required as a condition of this agreement. The SCAO 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 SCAO 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. DCH-0665FY2005 4/04 (VV) Page 12 of 15 VII. Severability If any provision of this agreement or any provision of any document attached to or incorporated bIL 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 through the SCAO's electronic grants system and accepted by all parties to this agreement. Any change proposed by the Contractor which would affect the SCAO funding of any project, in whole or in part in Part 1, Section 2.0. of the agreement, must be submitted in writing through the SCAO's electronic grants system to the SCAO for approval immediately upon determining the need for such change. 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 SCAO, 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 SCAO in the performance of this agreement shall be the responsibility of the SCAO, 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 SCAO employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the SCAO) 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 SCAO in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the SCAO 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 SCAO) or their employees, respectively, as provided by statute or court decisions. X. Conflict of Interest The Contractor and the SCAO 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. DCH-0665FY2005 4/04 (W) Page 13 of 15 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 SCAO 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. Authorized By: State Court Administrative Office Date Acceptance by Grantee: Authorizing Official Signature and Title Date Chief Judge (Signature) Date DCH-0665FY2005 4/04 (W) Page 14 of 15 ATTACHMENT 1 Purpose The 6th Cir cuit Court — Adult Treatment Court (ATC) p defendants, whose substance abuse leads them to commit crimes, a positive alternative of intensive probation & substance abuse treatment to prolonged periods of incarceration. The ATC seeks to break the cycle of recidivism, enhance both public safety and the participants' lives while saving jail/prison beds. ATTACHMENT 2 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, 2005 April 20, 2005 July 20, 2005 October 20, 2005 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 #1 Drug Courts integrate alcohol and other drug treatment services with justice system case processing. Key Component #2 Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights. Key Component #3 Eligible participants are identified early and promptly placed in the drug court program. Key Component #4 Drug Courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. Key Component #5 Abstinence is monitored by frequent alcohol and other drug testing. Key Component #6 A coordinated strategy governs drug court responses to participants' compliance. Key Component #7 Ongoing judicial interaction with each drug court participant is essential. Key Component #8 Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Key Component #9 Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations. Key Component #10 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. In collaboration with the local Substance Abuse Coordinating Agency and consistent with the Memorandum of Understanding or agreement, drug court programs receiving substance abuse treatment dollars through Byrne must use licensed and accredited substance abuse treatment providers. rug court partw) De employe°. seerthiu emulovi I lei a ur --elltraCrE971 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 cognitive behavioral and restructuring, 12-step, and 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. ATTACHMENT 3 Use y PROGRAM BUDGET SUMMARY - • - -Iv= - -eel" I I% • ' • e mr Program Date Prepared Page Of Contractor Name BUDGET PERIOD From: To: Mailing Address (Number and Street) Agreement: Amendment Number fl Original JAmendment u City State ZIP Code Federal ID Number TOTAL EXPENDITURE CATEGORY WillITIIIM 1. Salaries and Wages 2. Fringe Benefits 3. Travel _ 4. Supplies and Materials _ 5. Contractual (Subcontracts) 6. Equipment 7. Other Expenses: _ 8. Total Direct Expenditures $0 $0 $0 $0 (Sum of Lines 1-7) . 9. Indirect Costs: Rate #1 % Indirect Costs: Rate #2 % 10. TOTAL EXPENDITURES $0 $0 $0 $0 SOURCE OF FUNDS: 11. Fees and Collections 12. State Agreement 13. Local 14. Federal 15. Other(s): 16. TOTAL FUNDING $0 $0 $0 $0 AUTHORITY: P.A. 368 of 1978 COMPLETION: Is Voluntary, but is required as a condition of funding DCH-0385(E) (Rev 4-04) (W) Previous Edition Obsolete. Also Replaces FIN-110 The State Court Administrative Office is an equal opportunity employer, services and programs provider. ATTACHMENT 3 PROGRAM BUDGET - COST DETAIL Use VVhole Dollars Only MICHIGAN SUPREME COURT-STATE COURT ADMINISTRATIVE OFFICE Page PROGRAM BUDGET PERIOD DATE PREPARED — FROM TO CONTRACTOR ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER POSITIONS 1. SALARY & WAGES — POSITION REQUIRED TOTAL SALARY COMMENTS DESCRIPTION - Total Salaries and Wages 0 $0 2. FRINGE BENEFITS: (Specify) LI FICA LIFE INS. fl DENTAL INS COMPOSITE RATE • UNEMPLOY INS. VISION INS. Ij WORK COMP AMOUNT 0.00% fl RETIREMENT HEARING INS. fl HOSPITAL INS. OTHER TOTAL FRINGE BENEFITS $0 - 3. TRAVEL (Specify if any item exceeds 10% of Total Expenditures) TOTAL TRAVEL $0 4. SUPPLIES & MATERIALS(Specify if any item exceeds 10% of Total Expenditures) TOTAL SUPPLIES & MATERIALS $0 5. CONTRACTUAL (Subcontracts) Name Address Amount TOTAL CONTRACTUAL $0 6. EQUIPMENT (Specify) TOTAL EQUIPMENT $0 7. OTHER EXPENSES (Specify if any item exceeds 10% of Total Expenditures) $0 TOTAL OTHER 8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) TOTAL DIRECT EXPENDITURES $ 0 9. INDIRECT COST CALCULATIONS Rate #1: Base $0 X Rate 0.00 % Total $ 0 Rate #2: Base $0 X Rate 0.00 % Total $0 10. TOTAL EXPENDITURES (Sum of lines 8-9) $ 0 Of DCH-0386FY2005(E) (W) 4/2004 MPLETI Contractor Name: Contract #: Date: ATTACHMENT 3 MICHIGAN SUPREME COURT STATE COURT ADMNISTRATIVE OFFICE EQUIPMENT INVENTORY SCHEDULE Please list equipment items that were purchased during the grant agreement period as specified in the grant agreement budget, Attachment B.2. Provide as much information about each piece as possible, including quantity, item name, item specifications: make, model, etc. Equipment is defined to be a article of non-expendable tangible personal property having a useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Please forward to this agreement's contract manager. Quantity Item Name Item Specification Tag Number Budgeted Amount $ $ $ $ $ $ $ $ $ $ Total Contractor's Signature: Date: ATTACHMENT 4 PERFORMANCE / PROGRESS REPORT REQUIREMENTS A. The Contractor shall submit the following reports on the following dates: Program reports must be downloaded from the ODCP web site: www.michigan.gov/odcp, click on: Law Enforcement, click on: Forms. Reports are due quarterly and must be attached to MAGIC Intelligrants System and submitted to the State Court Administrative Office and the Office of Drug Control Policy no later than: January 20, 2005, April 20, 2005, July 20, 2005, and October 20, 2005. B. Any such other information as specified in Attachment 2 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: State Court Administrative Office Michigan Hall of Justice PO Box 30048 Lansing, MI 48909 D. The Contract Manager shall evaluate the reports submitted as described in Attachment 4, Items A. and B. for their completeness and adequacy. E. The Contractor shall permit the SCAO or its designee to visit and to make an evaluation of the project as determined by Contract Manager. FINANCIAL STATUS REPORT ATTACHMENT 5 MICHIGAN SUREME COURT-STATE COURT ADMINISTRATIVE OFFICE BP° N umber Contract Number Page Of Local Agency Name - Program Code Street Address Report Peno. Thru II Final City, State, ZIP Code Agreement Period FE ID Number Thru Category Expenditures Agreement Current Period Aoreemen 1. Salaries & Wages 2. Fringe Benefits 3. Travel 4. Supplies & Materials 5. Contractual (Sub-Contracts) 6. Equipment . Other Expenses 8. TOTAL DIRECT 9a.Indirect Costs: Rate#1% 9b.Indirect Costs: Rate#2% 10. TOTAL EXPENDITURES SOURCE OF FUNDS: 11. State Agreement 12. Local 13. Federal 14. Other 15. Fees & Collections 16. 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 Telephone Number FOR STATE USE ONLY Advance INDEX PCA A OW. CODE AMOUNT i Advance Outstanding Advance Issued or Applied Balance , Message Authority: P.A. 368 of 1978 -r The State Court Administrative Office is an equal opportunity, Completion: is a Condition of Reimbursement employer, services, and programs provider. DCH-0384(E) (Rev. 3/04) (W) Previous Edition Obsolete ATTACHMENT 6 Audit-Status-Alotification_Latter (Contractor exempt from the Single Audit and Financial Audit Submission requirement) Date: To: Michigan Supreme Court State Court Administrative Office P.O. Box 30048 Lansing, MI 48909 From: Agency Name: Address: Federal ID Number: Re: Agency Fiscal Year Ended: The purpose of this letter is to comply with Michigan Department of Community Health grant contract audit requirements. I certify that the (Agency Name) agency expended less than $500,000 in federal awards, and received less than $500,000 in total SCAO funding. I also certify 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 Statement Audit to the SCAO. If you have questions, please contact at (Contractor's Representative) (phone) Sincerely, Print Name of Contractor Representative/Title Signature Attachment 7 CERTIFICATIONS AND ASSURANCES on—b-upptantrn-g The Byrne Memorial Formula Grant Program and Local Law Enforcement Block Grant require that federal funds not be used to supplant state or local funds. The applicant must assure that federal funds will not be used to replace or supplant state or local funds, but will be used to increase the amount of such funds that would, in the absence of federal funds, be made available for law enforcement activities. Certification Regarding Lobbying Each person shall file the most current edition of this certification and disclosure form, if applicable, with each submission that initiates agency consideration of such person for an award of a Federal contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more. This certification is a material presentation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 132, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any non-Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Official will complete and submit Standard Form #LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify and disclose accordingly. Certification Regarding Debarment This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as Part VIII of May 26, 1988 Federal Register (pages 19160-19211). The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Assurances The applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements —28 CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the applicant assures and certifies that: 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 P.L. 91-646, which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 3. It will comply with provisions of Federal law, which limit certain political actives of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in party by Federal grants. (5 USC 1501, et seq.) 4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 7. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with the flood insurance purchase requirements of Section 102 (a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102 (a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 10.1t will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-let seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.0) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 11.1t will comply, and assure the compliance of all it sub grantees and contractors, with the applicable provisions of Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars or regulations. 12.1t will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure, Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures, and Federal laws or regulations applicable to Federal assistance programs. 13.1t will comply, and all its contractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 14. In the event of a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex or disability against a recipient of funds, the recipient will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs. 15.1t will provide an Equal Employment Opportunity Program if required to maintain one—the application is for $500,000 or more. 16.1t will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.), which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. BUDGET SUMMARY Local Match SCAO (Byrne) Other Funding Total Cost Grant Award Byrne Grant Budget Category Cash In-Kind Sources (100%) A Personnel $ 20,415 $ 117,072 See $ 137,487 B Fringe Benefits $ 1,837 $ 43,128 Previous $ 44,965 Consultant/Contractual $ 36,748 $ 18,173 $ 4,800 Column $ 25,694 $ 85,415 D Travel (Excluding Consultants) - $ 3,000 - $ 3,000 E Consultant/Contractual Travel Supplies/Operating $ 4,133 $ 4.133 G Total Project Cost by Funding $ 62,000 $ 22,306 $ 165,000 $ 25,694 $ 275,000 Source , StOnmary of Drug Court Funding Sources II I SCAO Grant Request 62,000 I Local Match (divide SCAO request by 3) 187,306 1. Cash (minimum 20% of Line I) 22,306 2. In-Kind (maximum 80% of Line I) 165,000 J SCAO Budget Total (sum Lines H & I) 249,306 K Byrne Grant (ODCP/SCAO) 165,000 L Other Funding Sources (describe) 1. FY2004 SCAO Monies Carried Forward 25,694 2. 3. ** NOTE: The $165,000 identified as Byrne Grant in Line K is already included $ 4 in Line J, so it is not added in again in the total in Line M. $ 5. $ 6. $ Total Other Funding Sources 25,694 Total All Funding Sources (sum Lines J, K and L) 275,000 Page 1 A. B. BUDGET NARRATIVE FISCAL YEAR 2005 PERSONNEL 1 Technical Aide: The Technical Aide's primary responsibility is data entry, which includes treatment progress reports, probation progress reports, and drug screen data. The Technical Aide is also responsible for preparing the necessary papers for the drug court sessions, file maintenance, orientation packets for new clients, final entries for clients who graduate or who are terminated from the drug court and running final reports, shredding of confidential papers that are no longer needed, checking the fax machine for client updates and entering that information into the computer, filing, and other duties as assigned. Coordinator: The coordinator performs the job duties of staff supervision and training, backup coverage for probation officers' caseloads in staff absence, coordination of weekly case conferences, initial case screening for eligibility, liaison and contract oversight with service providers, and preparation and maintenance of program procedural manuals. Oakland County established the pay grade for this position as the equivalent of a "Community Service Coordinator". The incumbent is a tenured employee who is paid at the top of the salary grade, based on her experience and qualifications. (FTE position) Case Manager/Assessor: The Case Manager/Assessor would administer substance abuse assessments, screenings and case management functions. Serve as a member of the treatment court team and consult with members to develop case plans, evaluation progress, monitoring treatment compliance. Attend sessions of court, maintain statistical data, and generate ad hoc and periodic reports. The Case Manager may also be required to work outside normal business hours in order to participate in law enforcement ride-alongs, evening meetings with offenders, jail visits and provide other collateral contact and verification within the community, as necessary. (FTE position) Court Service Officer: The Court Service Officer would locate individuals designated by the Court to serve orders to show cause, bench warrants, perform non-traditional (evening/weekend) visits to assure that the participant is complying with the terms of the program and may administer random drug/alcohol tests. (PTNE position) FRINGE BENEFITS Benefits are paid according to the Oakland County Merit System. The rate for full time employees is estimated at 41% of the salary. The rate for part-time non-eligible employees is estimated at 9%. Page 2 C. D. E. F. CONSULTANT/CONTRACTUAL Treatment: Individual and family treatment is provided to drug court participants as part of the step-down process. Program Evaluation: Process evaluation to describe/evaluate running history of the Adult Treatment Court program, and the extent to which the ATC is achieving program goals. Transitional Housing: Transitional housing is provided to drug court participants as a step-down from residential treatment, especially in cases where a participant has no family with which to reside, or the family home is considered an unstable situation. Art Experience: A Studio Fine Arts program for clientele of drug courts that provides a quality aesthetic experience through which individuals will increase artistic abilities and appreciation for the value of art in their lives, and in their recovery. TRAVEL (Excluding Consultants) Travel expenses represent costs of personal mileage for the staff CONSULTANT/CONTRACTUAL TRAVEL N/A SUPPLIES /OPERATING This line item will be used to purchase a fax/scanner/printer, urine test kits, and other supply items for the Adult Treatment court. Page 3 BUDGET DETAIL WORKSHEET budget detail worksheet may be submitted on plain sheets of paper following the format below _ A. Personnel Name/Position Computation SCAO Grant Local Cash Local In-Kind _ Byrne Grant Other Total 20 hr x 52 wks - Technical Aide x $14.5586/hr $ 15,162 See $ 15,162 40 hr x 52 wks Coordinator x $27.6663/hr _ $ 57,568 _ Previous 57,568 40 hr x 52 wks Case Manager/IPO x $21.3076/hr $ 44,342 Column $ 44,342 20 hr x 52 wks Cc urt Service Officer x $19.6298/hr $ 20,415 $ 20,415 _ _ Personnel Total $ 20,415 $ $ 117,072 $ $ $ 137,487 B. Fringe Benefits _ [ i Employer FICA 7.65% [ 1 Retirement 17.49% [ ] Hospital insurance 12.30% [ ] Dental insurance 1.53% [j Vision insurance .17% [ ] Unemployment insurance .08% [ ] Workers' Compensation 1.10% _ [ ] Life insurance .38% [ ] Other Disability .30% [ ] Other °A _ Composite Rate 41"/0 full-time rate 9.0% part-time non-eligible rate SCAO Grant Local Cash Local In-Kind Byrne Grant Other Total Fringe Benefit Total $ 1,837 $ $ 43,128 $ $ $ 44,965 Total Personnel and Fringe Benefits $ 22.252 $ $ 160,200 $ $ $ 182,452 Th Page 4 C. Consultant/Contractual Name of Consultant/ Computation of Cost SCAO Grant Local Cash Local In-Kind Byrne Grant Other Total The Art Experience $ 4,800 $ 4,800 _ Service Provided A Studio Fine Arts program for clientele of drug courts that provides a quality aesthetic experience through which individuals will increase artistic abilities and app eciation for the value of art in their lives, and in their recovery. Solutions for Recovery & Sequoia Recovery $ 7,500 $ 7,500 Service Provided Transitional housing expenditures for participants in the program. Technology Support $ Service Provided Put chase drug court case management system for the ATC. Evaluation Associates and Consultants $ 21,000 $ 21,000 Service Provided Provide for an evaluation of the Adult Treatment Court Office of Substance Abuse Serives providers and other providers i.e., Oakland Family Services $ 36,748 $ 10,673 $ 4,694 $ 52,115 Service Provided Various Treatment Providers Consultant/Contractual Total $ 36,748 $ 18,173 $ $ 4,800 $ 25,694 $ 85,415 , Page 5 D. Travel (Excluding Consultants) Location/Type of Expense Computation SCAO Grant _ Local Cash Local In Kind Byrne Grant _ Other Total 8220 miles x Personal Mileage .365 cents/mile $ 3,000 $ 3,000 , Purpose of Travel - Purpose of Travel Purpose of Travel Travel Total (Excluding Consultants) $ 3,000 $ 3,000 E. Consultant/Contractual Travel. Computation SCAO Grant Local Cash T Local In-Kind Byrne Grant Other Total Name of Consultant: Location/Type of Expense Purpose of Travel _ Name of Consultant: Location/Type of Expense Purpose of Travel Consultant/Contractual Travel Total $ $ $ $ $ $ age 6 • [ Tritvel Total $ $ $ $ $ F. 'Supplies/Operating Item Computation SCAO Grant Local Cash Local In-Kind Byrne Grant Other Total Urine Test Kits $ 4,133 $ 4,133 _ Total Supplies/Operating $ 4,133 $ 4,133 MP. Page 7 • to • FISCAL NOTE (MISC. #04362) December 9, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: CIRCUIT COURT - 2005 BYRNE GRANT PROGRAM - ADULT - 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 Michigan Department of Community Health, Office of Drug Control Policy has awarded the Oakland County Circuit Court/General Jurisdiction Byrne Memorial grant funding in the amount of $165,000 for the period October 1, 2004 through September 30, 2004 representing a change in funding period from calendar year to a fiscal year grant, coinciding with the County's fiscal year. 2. The total program cost is $275,000, which includes $165,000 in Byrne grant funding, and $110,000 in State Court Administrators Office (SCAO) grant funds. 3. The Byrne grant award of $165,000 requires no additional General Fund/General Purpose funds. 4. The grant award includes continued funding for one (1) Circuit Court/General Jurisdiction Community Service Coordinator position (#35301-09837), and the creation of one (1) PTNE Technical Aide position, and one (1) FTE Community Corrections Specialist II position 5. This grant also funds professional services treatment cost of $4,800. 6. The County is expected to incur administrative and support costs of $10,741 for 2005, which have been included in the FY 2005 budget. This grant does not allow for recovery of indirect costs. 7. According to the current agreement language, acceptance of this grant will not require the County to continue the program beyond the grant-funding period. 8. A budget amendment is recommended as follows: Special Revenue Fund 279 FY 2005 Revenue 1-35-279-100911-28000-0171 Grants-State $165,000 $165,000 Expenditures 2-35-279-200911-28000-2001 Salaries $117,072 2-35-279-200911-28000-2075 Fringe Benefits 43,128 2-35-279-200911-28000-3348 Professional Services 4,800 $165,000 FINANCE COMMITTEE c7( FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Webster absent. ' /1 G. William Caddell, County Clerk Resolution #04362 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, KowaII, 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 2.1 / 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 the County of Oakland at Pontiac, Michigan this 9th day of December, 2004.