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HomeMy WebLinkAboutResolutions - 2004.12.09 - 27462MISCELLANEOUS RESOLUTION #04364 December 9, 2004 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: CIRCUIT COURT FAMILY DIVISION - FY 2005 BYRNE GRANT PROGRAM - FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY - GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health, Office of Drug Control Policy - Byrne Memorial Drug Court Grant has awarded grant funding to the Circuit Court Family Division in the amount of $155,971 with a grant period of October 1, 2004 through September 30, 2005; and WHEREAS the Circuit Court Family Division Juvenile Drug Court Program has received continuation funding to deal with the problems of increasing juvenile recidivism, increasing use of alcohol and illegal drugs, and rising systems costs, and WHEREAS the Circuit Court Family Division Juvenile Drug Court is currently funded by the Byrne Memorial Drug Court Grant, and partly by the State Court Administrative Office (SCAO) grant; and WHEREAS the Circuit Court Family Division - Juvenile Drug Court, was awarded $311,942 which includes $155,971 from Byrne, and a 50% match of $155,971 from the SCAO grant; and WHEREAS grant award provides continuation funding for one (1) FTE Youth and Family Caseworker II (35402-09835), which is also partly funded by the SCAO grant; and WHEREAS grant award also funds contractual substance abuse treatment services in support of this grant; 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 $155,971 with no cash matching funds required. BE IT FURTHER RESOLVED that the total program is partially funded by a pending concurrent FY 2005 grant from the State Court Administrators Office (SCAO). BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of the grant application Public Services Committee Vote: Motion carried unanimously on a roll call vote. shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that the SCAO Grant award will be used as matching dollars for the Byrne Memorial Grant, per approval of the State Court Administrator's Office. BE IT FURTHER RESOLVED one (1) FTE Circuit Court Youth and Family Caseworker II (35402-09835) position, and contractual substance abuse treatment services be continued. BE IT FURTHER RESOLVED that continuation of the position 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. Public Services Committee Prentiss Malone, Jr. From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Monday, November 15, 2004 10:19 AM To: Doyle, Larry; Langton, Lisa Cc: Cooperrider, John; Malone, Prentiss; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary; Hanger, Helen Subject: CONTRACT REVIEW — Circuit Court / Family Division - Byrne CONTRACT REVIEW - Circuit Court / Family Division ----- GRANT NAME: 2004-2005 Family Focused Juvenile Drug Court - Byrne FUNDING AGENCY: Michigan Department of Community Health - Office of Drug Control Policy / Byrne Grant DEPARTMENT CONTACT PERSON: Lisa Langton / 80950 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 (11/4/2004) 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 Adrriiiii P.O. Sex Michi Lavnirs, • • Plume (S17) 3ina13.1reey,ir..Szsie 'February me Court Ore _Office 42909 1313 Adobe:Amor 2001 • If you have any further questions, please eentaet me. Si • n A. Monk State Court Administrator F-06-01 01 : 16P, ma.ckanz ie FE14$411 12:47 FraeACAO CENTRAL , 248 -1;10S-9747 P . 02 5113731112 T-420 F.32/02 Ja-111 Honorable Brian MacKenzie 52" District Court 41110 Grand RiverAve. . Novi, MI 48374-1212 . Dear Judge MacKenzie: Pursuant to our con.versztion this móuth regarding the Michigan Drug Court Grant Program, I an providing information concerning Msurance #4 in the application materials. The assurances included in the Michigan Drug Court Grant application materials are the diec same as the assurances required to apply for and ept federal program funding for drug court prognirris. Assurance #4 calls for the appliCarIT provide assurance of a program's img to continue funding whether that be from local, 9 state, or federal sources of funding. The Michigan Drug Court Grant Program is a statc ,- • • • ilted program funded with limited general fund dollars: The iltncling is intended to assist in developing and implementing new programs and provide limited support to coutinuirig pro _. ..., . It is, however, the program's responsibility to avansuidly teak additional Sources Of funding.itThis should not be construed as a mandate for future funding of a program front the &riding tuit Contract #: 20050969 Gr_ant_Agreement Between Michigan Department of Community Health hereinafter referred to as the "Department" and County of Oakland 1200 N. Telegraph Rd. Pontiac, MI, 48053 Federal I.D.#. 38-6004876 hereinafter referred to as the "Contractor" for 6th Circuit Court, Family Division - County of Oakland Oakland County Family-Focused Juvenile Drug Treatm 72070-3-04-B Part I 1. Period of Agreement: This agreement shall commence on 10/1/2004 and continue through 9/30/2005 . 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 $ 311,942 . The Department under the terms of this agreement will provide funding not to exceed $155,971 . The federal funding provided by the Department: is approximately $155,971 or 100.00 (3/0; the Catalog of Federal Domestic Assistance (CFDA) number is 16.579 and the CFDA Title is Byrne Memorial Formula Grant federal agency name is United States Department of Justice ; the federal grant award number is 2004DBBX0052 fifle 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 to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of title. ; the and federal program C. Deviation Allowance A deviation allowance modifying an established budget category by $10,000 or 0 . ,11• I ^. - •IS • so • • -1 -es • - • '- Department. Any modification or deviations in excess of this provision, including any adjustment to the total amount of this agreement, must be made in writing and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories, subcontracts, equipment items or positions not shown in the attached Program Budget Summary and supporting detail schedules. 3. Purpose: The focus of the program is to: See Attachment 1 4. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in Attachment 2, which is 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 Agreement: The person acting for the Department in administering this agreement (hereinafter referred to as the Contract Manager) is: Nancy Bennett Name, Location/Building Title Telephone No. BeckerN@michigan.gov 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 Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. w 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. For the CONTRACTOR Thomas Law Authorized Official's Name Chair Person Board of Commissioners Title Part II General Provisions I. Responsibilities — Contractor The Contractor in accordance with the general purposes and objectives of this agreement WI)): A. Publication Rights 1. Where activities supported by this agreement produce books, films, or other such copyrightable materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the Department reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or modifications bearing acknowledgment of the Department's name must be approved by the Department prior to reproduction and use of such materials. Any publication (written, visual, or sound, including press releases, newsletters, and issue analyses) issued by the Contractor, or by a Subcontractor describing programs or projects funded in whole or in part with Federal funds, shall contain the following statement: "This project was supported by grant project # , awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice and administered in Michigan by the Michigan Department of Community Health/Office of Drug Control Policy. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 3. The Contractor shall give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein; the Department will do likewise. B. Fees Make reasonable efforts to collect 1st and 3rd party fees, where applicable, and report these as outlined by the Department's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by the Department at the • - - • ••_ ..,•• • • ••, •.! Ioi ts • • a T: 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 Department, Federal Grantor Agency, Comptroller General of the United States and State Auditor General, or any of their duly authorized representatives, to records, files and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule or regulation. G. 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 Department. 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 Audit reporting package and management letter, if issued, to the Department even if Federal funding received from the Department results in less than $500,000 in expenditures. The Contractor must assure that each of its subcontractors comply with the above Single Audit requirements, as applicable, and provide for other subcontractor moniioring procedures, as deemed necessary. The Contractor must also assure that the Schedule of Expenditures of Federal Awards includes expenditures for all federally funded grants. 2. Financial Statement Audit Contractors exempt from the Single Audit requirements that receive '. so su • no - •I • • is'e• en m- 11-...16-6 •N 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 Department 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 Department 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 Department 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 Department 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 Department. The Department may retain the amount withheld if the contractor is more than 120 days delinquent in meeting the filing requirements. 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 -ment Audit and management letter, if nne is issued, or the Audit Status Notification Letter must be forwarded to: Michigan Department of Community Health Office of Audit Quality Assurance and Review Section P.O. Box 30479* Lansing, Michigan 48909-7979 Or *Capital Commons Center 400 S. Pine Street Lansing, Michigan 48933 8. Management Decision The Department 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 Department 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 Department, in writing through the Department's electronic grants system, 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 Department'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 Department, or in programs which receive funding from or through the State of Michigan, to the Department's Human Subjects Committee for approval prior to the initiation of the research. II. Responsibilities — Department The Department in accordance with the general purposes and objectives of this agreempnt will. A. Reimbursement Provide reimbursement in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Contractor. B. Report Forms Provide any report forms and reporting formats required by the Department at the effective date of this agreement, and provide to the Contractor any new report forms and reporting formats proposed for issuance thereafter at least ninety (90) days prior to their required usage in order to afford the Contractor an opportunity to review and offer comment. Ill. Assurances The following assurances are hereby given to the Department: A. Compliance with Applicable Laws The Contractor will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this agreement. The Contractor will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. B. Anti-Lobbvinq Act The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of the Departments of Labor, Health and Human Services and Education, and Related Agencies Appropriations Act (Public Law 104-208). Further, the Contractor shall require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, the Contractor agrees not to discriminate against any employee or applicant for employment or service delivery and access, with respect to their hire, tenure, terms, conditions or privileges of employment, programs and services provided or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual's ability to perform the duties of the particular job or position or to receive services. The Contractor further agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrom will contain a provision requiring non-discrimination in employment, service delivery and access, as herein specified binding upon each subcontractor. This covenant is required pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq., and the •- as 111 •_,.•••!•_ _• • E •a• _ • s, 1•A•_..:•••:•, 14 _ 37.1101 et seq., and any breach thereof may be regarded as a material breach of the contract or purchase order. 2. Additionally, assurance is given to the Department that proactive efforts will be made to identify and encourage the participation of minority owned and women owned businesses, and businesses owned by handicapped persons in contract solicitations. The Contractor shall incorporate language in all contracts awarded: (1) prohibiting discrimination against minority owned and women owned businesses and businesses owned by handicapped persons in subcontracting; and (2) making discrimination a material breach of contract. D. Debarment and Suspension Assurance is hereby given to the Department that the Contractor will comply with Federal Regulation, 45 CFR Part 76 and certifies to the best of its knowledge and belief that it, including its employees and subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and 4. Have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. E. Federal Requirement: Pro-Children Act 1. Assurance is hereby given to the Department that the Contractor will comply with Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 6081 et seq, which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan or loan guarantee. The law also applies to children's services that are provided in inrinor_farilities_that are rrinstrurted, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary 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 Department upon written request within 30 days of execution of the agreement. 2. That any executed subcontract to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non-conflicting provisions not set forth in this agreement; b. Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the nppartmpnt: nr c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. 3. That the subcontract does not affect the Contractor's accountability to the Department for the subcontracted activity. 4. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. 5. That the Contractor will submit a copy of the executed subcontract if requested by the Department. 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. I. Health Insurance Portability and Accountability Act To the extent that this act is pertinent to the services that the Contractor provides to the Department under this agreement, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following: 1. The Contractor must not share any protected health data and information provided by the Department that falls within HIPAA requirements except to a subcontractor as appropriate under this agreement. 2. The Contractor must require the subcontractor not to share any protected health data and information from the Department that falls under HIPAA requirements in the terms and conditions of the subcontract. 3. The Contractor must only use the protected health data and information for the purposes of this agreement. 4. The Contractor must have written policies and procedures addressing the use of protected health data and information that falls under the HIPAA requirements. The policies and procedures must meet all applicable federal and state requirements including the 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 Department unauthorized use or disclosure of protected health data and information_tbat falls iinripr thP HIPAA rPritiirernents of which the Contractor becomes aware. 6. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Part II, Section V. Termination. 7. In accordance with HIPAA requirements, the Contractor is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information received by the Contractor from the Department or any other source. 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 Department based on the understanding that Department funds will be paid up to the total Department allocation as agreed to in the approved budget. Department funds are first source after the application of fees and earmarked sources unless a specific local match condition exists. B. Financial Status Report Submission Financial Status Reports (FSRs) shall be prepared and submitted through the Department's electronic grants system. 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 program expenditures, regardless of the source of funds. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. 9 or mu-ninan navmenrs as Hartrnr rin i ransrp rizCIP Fir-111'P C. Reimbursement Mechanism All contractors are encouraged to sign up through the on-line vendor registration (EFT)/Direct Deposits. D. Final Obligations and Financial Status Report Requirements 1. Preliminary Close Out Report A Preliminary Close Out Report, based on annual guidelines, must be submitted by the due date through the Department's electronic grants system using the format provided by the Department'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 Department'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 Department or treated in accordance with instructions provided by the Department. V. Agreement Termination The Department may cancel this agreement without further liability or penalty to the Department for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. C. This agreement may be terminated immediately if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section III.D. of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial, performance and other reports required as a condition of this agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as - _ • s . -• --11-1 a- 5- - • -s S l • •• I VII. Seyerability If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. VIII. Amendments Any changes to this agreement will be valid only if made in writing through the Department's electronic grants system and accepted by all parties to this agreement. Any change proposed by the Contractor which would affect the Department funding of any project, in whole or in part in Part 1, Section 2.C. of the agreement, must be submitted in writing through the Department's electronic grants system to the Department 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 Department, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the Department) or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the State, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. P A Pn MSA d 1 -inn P_171-317D lmfannea wi aS__21112_11121.P.E X. Conflict of Interest The Contractor and the Department are subject to the provisions of 1968 PA 317, as MCL 15.341 et seq, MSA 4.1700 (71) et seq. XI. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. XII. Confidentiality Both the Department and the Contractor shall assure that medical services to and information contained in medical records of persons served under this agreement, or other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals. ATTACHMENT 1 PURPOSE 72070-3-04-B The 6th Circuit Juvenile Drug Court program, a third-year project, will continue to reduce recidivism and decrease the use of expensive detention beds by providing a community-based, intensive treatment and supervison program to substance abusing youth and their families. ATTACHMENT 2 STATEMENT OF WORK 72070-3-04-B Project Description: This proposal describes a plan to continue a juvenile drug court in Oakland County. Entitled Options, this family-focused juvenile drug treatment court will serve up to 44 youth per year when fully operational. This post-adjudication program targets severely substance abusing youth that are non violent repeat offenders, charged with alcohol and controlled substance related violations. Clients are expected to participate in a 12-15 month program consisting of three, 12-week phases and an aftercare component. Specifics are outlined below. Mission: The mission of the Options program is to promote public safety and reduce juvenile drug crime by helping substance-abusing offenders and their families achieve drug free lifestyles and healthy relationships. The goals of the program are to maintain a non-adversarial team-based approach to intervention, to expedite case processing, and to provide comprehensive evaluation, treatment: and relapse prevention services, in order to reduce recidivism and drug use and improve youth and family functioning. Screening and Eligibility: Options is designed to serve documented substance abusers with a non-violent offense history, targeting repeat offenders, unless otherwise ordered by the court. Youth must be adjudicated for alcohol or drug violations, or charged with minor delinquency where substance abuse is a contributing factor (e.g. property crimes). Youth and their families should express an active interest in the program, and must be residents of Oakland County. Youth will be excluded who are charged with firearm crimes, CSCI, CSCII, CSCIII and Home Invasion I, or who have serious psychiatric impairment. Based on local statistics and our experience with drug court participants to date, most youth will be heavy users of alcohol and/or marijuana with some increasing use of heroin, cocaine and "club drugs" such as ecstasy. There are two tracks for referral to Options. In Track One, the intake referee identifies the case as a potential drug court referral, then forwards the complaint to the assigned juvenile prosecutor within 24 hours. Petitions are written and returned to Juvenile Intake within 48 hours, unless the complaint is denied. At intake, the intake supervisor obtains a judicial assignment and case file, and schedules the pretrial date for within two weeks. The intake worksheet is then labeled "Referral to Drug Court", and the casework supervisor is notified. A caseworker is then assigned to administer an ACDI-II (Adolescent Chemical Dependency Inventory - Corrections Version II) and conduct a face-to-face social history investigation. Following this initial assessment, the caseworker presents the case to the Out of Home Screening Committee, consisting of the Options coordinator, probation specialists, and the chiefs of Casework and Clinical Services. If the committee recommends referral to Options, the report is forwarded to the hearing officer. The caseworker attends the pretrial to present the recommendation of the Out of Home Screening Committee. The juvenile may enter a conditional plea at this *line, understanding that he/she may be ordered into the Options program. The will then be adjourned for a dispositional hearing before the drug court judge. During this interim period, a referral is made to ATTACHMENT 2 STATEMENT OF WORK the Office of Substance Abuse for further assessment. If at any time the juvenile does not meet criteria for inclusion, the plea may be withdrawn. A juvenile who elects not to enter a plea is scheduled for trial, and if found within the court's jurisdiction, is placed on the Options docket. The average length of time between arrest and first appearance at the Options program was expected to be six weeks, with enrollment in Intensive Treatment occurring within one week thereafter. Our independent evaluation results indicate we have achieved this performance measure 100% of the time. In fact, 85% of the eligible juveniles have been enrolled within 30 days, and all have had an initial treatment session within 48 hours of enrollment. For Track II cases (youth already on ploiJation), the process is initiated by the current probation officer. A Violation of Probation is filed and the case is brought before the Out of Home Screening Committee, where the process proceeds as in Track I. After screening and assessment are complete, the probation specialist schedules youth and family to appear before the Options judge. The juvenile confers with the defense attorney, who explains the juvenile's rights and options, and encourages cooperation with a plan suited to his/her needs. The judge then accepts the plea and enters a delayed disposition. Youth not suitable for inclusion are remanded to the assigned referee for further action. Upon successful completion of the program, the instant charge may be reduced, or eventually dismissed, if there are no further charges by his/her 19th birthday. Since its inception, through September, 2003, Options screened 87 youth for possible admission. Based upon findings of our independent evaluation, we are placing greater emphasis on enrolling minorities, females and youth living in the northern portion of the county. Our year-to-date statistics for the program year 2003-2004 indicate that we have increased the participation rate of females to 35% (up from 14% previously) and minority enrollment stands at just over 10%. Assessment: Upon entering a conditional plea, juvenile and family are ordered to participate in a more comprehensive clinical assessment conducted by PACE - Office of Substance Abuse, to further evaluate treatment needs. This assessment is typically conducted within 72 hours of the hearing, and uses the ASI (Addiction Screening Inventory). The family is questioned about the charges the juvenile is facing, school history, and the extent of negative peer involvement. A thorough review is made of family dynamics, youth and family strengths, motivation for treatment, and existence of any co-conditions, such as mental illness or ADHD. Youth are screened for gross medical problems provided with information on STDs and HIV, and referred for follow up with their family physician where appropriate, to rule out potentially confounding co-conditions. The PACE reviewer will inform the client, caseworker and assignment clerk if indicators surface that support exclusion. New participants are then scheduled for orientation with a probation specialist. At this session handbooks and other materials are provided emphasizing potential program ATTACHMENT 2 STATEMENT OF WORK benefits, the role of the probation specialist, treatment and court appearance requirements, and status review hearing elements. Motivation is assessed based on the participant's response to program requirements. Probation specialists, in consultation with the treatment team, then develop a family and individual treatment plan to address client strengths and treatment needs, with considerable emphasis on sobriety maintenance and improving family functioning. Educational needs are identified and specialists begin work with school districts to arrange appropriate support systems. The 6th Circuit Court Family Division is fortunate to also have an in-house Psychological Clinic, where youth can receive thorough psychological and psychiatric evaluations, if necessary. Service Delivery: The Options post-adjudication program consists of three phases and aftercare. Phases I, II and III are at least 12 weeks in duration. Aftercare length is individualized, lasting from 6 to 12 weeks. Graduation to a less restrictive phase is contingent upon performance and points earned. Up to 10 points per week can be earned for adherence to program requirements. Points are assigned for negative drug test results, conduct at school and/or work, attendance at school or work, attendance at AA or NA, treatment participation, compliance with home rules and completion of community service hours. See Incentive Record (Attachment A), and Phase System (Attachment B) for more details. Successful participants are expected to graduate after 12 to 15 months of involvement. Our experience to-date indicates that the mean length of stay in the program is 14.5 months: Phase I is 15.5 weeks; Phase II, 18 weeks; Phase III, 14 weeks; Phase IV, just under 12 weeks. The family's role in the Options program is critical. A family member must sign a contract of cooperation on the family's behalf, at program outset. They must attend every court session and each scheduled treatment and probation appointment. Family members who are not party to the court's actions against the juvenile are nevertheless eligible for referral to treatment. The court has the authority to order parents to participate in additional counseling, attend AA meetings and discontinue recreational use of controlled substances. Parents are also eligible to receive rewards as incentives for their accomplishments. Transportation assistance is provided to families when needed, as resources are available. During this program year, we continued to observe that youth with the most troubled families were having the most difficulty with the program. As a result, we increased suppports for families in 2004 -05, requiring that all families in Phase II attend 12 weeks of individualized family treatment, which can be enhanced with individual treatment for parents, as needed. We are planning to add in-home services for the most stressed families. Our request for additional contractual treatment funding is related to this program change. Educational and Vocational Services: A commitment to educational and vocational goals is expected of each participant. School attendance and performance for youth enrolled in regular or alternative settings is monitored closely by the probation specialist who also advocates for clients in the event ATTACHMENT 2 STATEMENT OF WORK of threatened disciplinary actions for drug-related activities. School personnel and court staff work together to establish reasonable schedules and academic goals, and to ensure compliance with rules of conduct. The innovative JobLink Career Center (full description available on request) is a comprehensive school district-based work development program available to drug court participants. JobLink teaches work readiness skills and matches youth with willing employers who monitor and support their progress. This service is also extended to unemployed parents, who can access career market information, resume writing software and job search tools. Transportation is provided for anyone who could not otherwise participate. Results of our 2002-03 program evaluation indicate that 11 youth were assisted with these services while enrolled in Options. Substance Abuse Treatment and Mental Health Services: All agencies, public and private, currently licensed and approved by the Oakland County Office of Substance Abuse were given an opportunity to apply for participation on the Options provider panel. Eligible agencies were required to have therapists specifically trained in adolescent and family substance abuse issues, and culture and gender-sensitive therapy techniques. Currently, two providers offer an approved Intensive Outpatient model of treatment: Perspectives of Troy and Oakland Family Services, located in several communities throughout the county. Multi-site service availability allows us to address the access concerns that arose over time for Options participants. Therapeutic groups are provided by these agencies on the following themes: self esteem, life mapping, whole person recovery, boundaries, problem solving, listening, conflict resolution, anger management, the addiction cycle, triggers to use, gender specific issues, among others. Although, generally speaking, juvenile substance abusers do not manifest the severe disturbances of prolonged drug use commonly found in adults, an assessment may discover indications of ADHD or other psychiatric disorders that require additional treatment and/or medication. Since we were particularly cognizant of the high occurrence of dual -diagnosis among juvenile substance abusers, our treatment providers are required to offer psychiatric evaluation and psychotropic medication management where needed. Participants are also informed of the availability of mental health crisis services through Common Ground Sanctuary. In-patient treatment days used have increased dramatically during the course of Options operation, necessitating an increase in the professional services budget. In 2002-2003, 406 days were used by 15 youth. Kairos and Impact are the two programs currently providing in-patient detoxification and treatment for our juvenile population. We have been somewhat surprised to discover that fully 42% of our participants had utilized mental health treatment services prior to drug court enrollment. 40% have required in-patient services while in the program and over half required psychotropic medication to deal with mood disorders or hyperactivity, which can only be administered after the youth has been clean and sober for several weeks. ATTACHMENT 2 STATEMENT OF WORK Collateral Services: Probation specialists and the drug court coordinator, in consultation with the treatment team, conduct a weekly review of participant collateral service needs. These needs are then conveyed to the Drug Court Citizens Action Committee (DCCAC) for follow up. DCCAC is a countywide collaborative comprised of citizen volunteers and community stakeholders, drawn from local and intermediate school districts, health and social service agencies, community coalitions, faith institutions, Alcoholics Anonymous, private industry and the court itself. Their primary goal is to find and arrange transportation services, mentorships, family memberships to recreational facilities, incentives and other needed supports for program participants. Members guarantee that Options will be kept informed of relevant and emerging programs, and agree to explore new programs to support the initiative. Through DCCAC, school districts have ar_anged tutoring, a church group has offered free use of their recreational facilities, and Common Ground Sanctuary has provided emergency shelter services. In addition, the DCCAC helps to establish and sustain adolescent AA and NA programs and fellowship meeting sites in their communities. One DCCAC member has secured appropriate sponsors for youth unable to do so, and regularly verifies the appropriateness of selected home meeting locations. DCCAC has raised more than $14,000 in cash and $3,000 in gift certificates. These donations have significantly affected the incentive aspect of programming, providing rewards for the successful conduct of youth and parents alike. Free graphic art and printing services have also been acquired through this entity, and utilized to upgrade program materials to conform to the comprehension level of participants. The Circuit Court's Youth Assistance program has an extensive network of volunteers trained as youth mentors, who can provide adult guidance and companionship, as well as transportation. This same unit has trained staff in the restorative justice model of "Family Group Conferencing", wherein victims and offenders can review incidents in a group context, and collectively determine meaningful and restorative consequences. The Court also has an extensive array (more than 200) of available community service sites through our Youth Community Service unit, and conducts a weekly parent support program entitled CHOICE, to which parents can be assigned. Drug Testing: Clients are randomly drug and alcohol tested, according to the frequency established in the relevant phase of treatment. At a minimum, Phase I clients are tested twice weekly, Phase II and Phase III weekly, and Aftercare bi-weekly. Participants who demonstrate difficulty establishing and maintaining sobriety may have enhanced testing frequency.We also have the availability of PET home testing and visatel monitoring, for youth who abuse alcohol. Drug testing is conducted by the treatment provider, by an independent testing service, and/or by the probation specialist, depending on circumstances. The contracted vendor provides random on-site tests in homes, schools, and at the court. They confirm sample integrity with adulteration strips, and monitor drops to minimize adulteration, and will adapt testing panels to conform with suspected substances, upon request by the probation specialist. Efforts are made _o secure a concentration of tests on Monday ATTACHMENT 2 STATEMENT OF WORK mornings. Consideration for testing of family members is handled individually, in accordance with relevant Court Rules and Statutes. Youth and parents are not told in advance when they will be tested. Results are available the same day, and those sent for lab confirmation are received within 36 hours. Based on local use statistics, clients initially referred to drug court receive a nine panel drug screen, covering methamphetamines, barbiturates, diazepam, methadone, propoxiphine, PCP, cocaine, THC, opiates and alcohol. Thereafter, we test regularly for cocaine, THC, opiates and amphetamines, as well as alcohol. Our evaluation of Options found that youth and parents both rate drug testing as the most effective incentive to sobriety. Incentives and Sanctions: Graduated sanctions have been identified to respond to non-compliance with program requirements. Sanction options are listed below, from least to most restrictive. Any one sanction or combination thereof may be imposed, based on the extent of the infraction, as determined by the team at the weekly case conference. Guidelines considered include repetitiveness of the misconduct, honesty of the participant in admitting the infraction and extent of possible harm or inconvenience to others. Sanctions may include: 1) Admonishment by the judge 2) Verbal report of problem behaviors to peers at status review hearings 3) Written assignments (on the effects of alcohol and other drugs, the negative results of specific problem behaviors, the importance of drug counseling, etc.) 4) Letters of apology 5) Attendance at Adult Treatment Court or Criminal Call, and an essay about the experience 6) Extra Community service 7) Loss of privileges (such as curfew) 8) Increased attendance at NA or AA 9) Increased alcohol or other drug testing 10) Home detention 11) Electronic surveillance 12) Referral to STRIDE weekend program ( didactic groups, coping style inventories and physical challenge group work, with a par ,mt -child dinner component) 13) Weekend work detail at Crossroads for Youth ATTACHMENT 2 STATEMENT OF WORK 14) Short-term detention at Children's Village 15) Return to previous program phase 16) In-patient treatment 17) Discharge from the program A crucial and highly effective aspect oc drug court is the support, encouragement and rewards offered by the judge and treatment team at status review hearings. Participants and their parents are recognized for their accomplishments with verbal praise, public recognition and applause, as well as with more concrete items. Rewards and incentives are earned through an accumulation of points and dispensed as follows: * 10-point week: Public recognition, praise, applause, edible treat (selected from the "incentive basket"). * 3 or more consecutive 10 point weeks: Fast food certificate, release from home detention, curfew extension, and public recognition. * 85% of Phase I or Phase II points: Move to next phase PLUS certificate of recognition, PLUS gift certificate. * 90% of Phase III points: Move to Phase IV PLUS certificate of recognition, PLUS gift certificate. * 95% of Phase IV points: Graduation, including ceremony and certificate of recognition. * Family accomplished goals: Gift certificate for entire family, to be used at a restaurant or movie theatre. Youth may receive gift certificates for movies or CDs, meal or theatre vouchers or small gifts like tee shirts, or assistance with obtaining hobby supplies and lessons. To encourage improvements in self-discipline, release from home detention, curfew extensions, reductions in supervision requirements, and other rewards are also considered. Since graduation to the next phase is identified as a key incentive, graduation certificates are awarded to document this accomplishment. Group incentives are also used as a means of providing constructive replacement activities for drug abusing behaviors. These include field trips like bowling, indoor rock climbing or health club visits, or enrollment in classes in music, fine arts, and the like. Group activities usually include families as well. Whether the court response is a reward or a sanction, our goal is to deliver feedback in close temporal proximity to the precipitating event. Conduct which requires a court order will be addressed no later than one wee' (7 -(Alowing che incident. Roles and Reponsihiliries of the Options Team: Case Management: Each Options participant is assigned to a probation specialist who provides case management with the assistance of the coordinator. Case management involves monitoring compliance with court orders and providing supervision and counseling to youth and families, as well as logging client contacts, preparation of reports, and ATTACHMENT 2 STATEMENT OF WORK serving as liaison with treatment providers, schools and police. No more than 20 youth and families are assigned to each specialist, with the ideal caseload set at 15, depending on the stage of client progress. The probation specialist visits clients at home, school, work sites, temporary placements and other appropriate community locations. The frequency of contact is a minimum of twice weekly in Phase I, reduced to weekly or bi-weekly during later phases. Judicial Supervision: The Options Team meets weekly (on Tuesdays) from 4:30-5:30 p.m. to discuss participant progress prior to the review hearing. At this case conference, the judge is apprised of recommendations for rewards or sanctions. The team determines through consensus what actions will be taken at hearing. Hearings are scheduled weekly (also on Tuesdays) from 6:00-7:30 p.m. Attendance expectations for juveniles and families vary by phase. Hearings are scheduled to maximize attendance, and do not interfere with most work and school demands. In addition to the judge, team attendees include probation specialists, interns, treatment representatives, defense attorney and prosecutor, coordinator, and other interested parties, such as mentors and school representatives. Specialists report on youth progress, therapists comment on treatment issues, school representatives offer information about JobLink and school performance, and attorneys address matters such as program violations requiring restrictive sanctions. An overview of team member duties is as follows: * Judge: Honorable Edward Sosnick presides at weekly status review hearings, and participates in pre-hearing conferences. * Prosecutor: Sandra Wells, Juvenile Unit of Oakland County Prosecutor's Office, reviews police complaints on youth potentially eligible for the Options Program, prepares petitions for court authorization, and attends all review hearings. * Defense Attorney: Eliot Zipser serves as defense representative to the team, and provides input on appropriate sanctions and rewards, protection of participants' rights and other key issues. He attends all review hearings. * Treatment Representatives: Marlene Hughes, Coordinator for Oakland County Office of Substance Abuse, serves as consultant to the team on issues of clinical assessment, treatment needs, and available community resources. Additionally, treatment providers involved in client care, including therapists from Perspectives of Troy and Nan Reynolds from Oakland Family Services present first-hand information on treatment progress. * School Representative: Terry Darling from Oakland Intermediate School District enrolls, monitors and reports on client progress in JobLink, special education programming and other ISD support services. * Coordinator: Corene Munro supports the probation specialists by providing case supervision. She also acts as liaison to treatment providers, participates in all meetings, oversees DCCAC, and performs other administrative duties as needed. * Drug Court Probation Specialists: Megan Abraham-Wentz and Jacqueline Howes-Evanson provide intensive probation supervision to participants and families, maintain contacts ATTACHMENT 2 STATEMENT OF WORK with school and police authorities, recold client progress, plan and participate in family group activities, etc. * Referee: Martin Alvin, Senior Referee of the 6th Circuit Family Division, is a quasi-judicial officer providing coverage for any absences of Judge Sosnick. He also 'clerks' at review hearings. * Project Leader: Dr. Pamela Howitt, Deputy Administrator, Sixth Circuit Court Family Division, supervises Options staff and manages program development and funding. She has grant administration responsibility. *Researcher/Evaluator/Management Information Specialist: After issuing an RFP for the evaluation project, Evaluation Associates and Consultants was chosen through competitive bid to conduct the program evaluation. * Data Entry Clerk: Carol Kowalewski maintains client files, enters program data into our database, and performs basic statistical analyses as needed. * Resource and Program Specialist: Karen MacKenzie researches funding streams, and prepares funding requests. The full team meets quarterly to review program goals and progress, and attends twice-yearly training sessions. Analysis of prior year's activities, and reasons for modifications: As our program evaluation indicates, we have achieved all of our process outcomes, with the exception of the number of clients served. We are attempting to address this issue, particularly focusing on accepting more females and minority participants. Our team functions cohesively, and we continue to educate ourselves about substance abuse and juvenile delinquency through regular lunch hour learning sessions. Additionally, both the probation staff and the coordinator have been to state and national trainings. As noted, we would like to provide more intensive family treatment as a modification to our program. We also have experienced communication difficulties with the agency contracted to perform drug tests and we will be rebidding the contract for those services in the next fiscal year. Regarding outcome data, we have met all of our objectives, and have 18 graduates to-date. Management Plan: 1. Continue to educate stakeholders and users about the Options Program. The coordinator will make presentations at supervisory group meetings and provide results of our program to-date. Timeline: 1st quarter of fiscal year 2004-2005. 2. Change vendors for drug testing and issue an RFP for competitive bids. Timeline: 2nd quarter, 2004-2005. 3. Expand the current capacity for family therapy by utilizing additional providers and adding in-home treatment component. Timeline: 1st quarter, fiscal year 2004-2005. 4. Establish a referral relationship with agencies providing supervised independent ATTACHMENT 2 STATEMENT OF WORK living for those youth whose families are too troubled to support recovery. Cost/Benefits of Program: A cost/benefit analysis of the program was completed in the program evaluation for 2002-2003. Results indicate that the cost of treating one youth in Options, including administrative costs, staff salaries and all treatment components is approximately $36 per day, or $13,000 per year. This compares very favorably with the costs of residential treatment facilities (Children's Village is $169 per day, or $61,685 per resident, per year; Crossroads for Youth is $130 per day, or $45,260 per resident per year.) ATTACHMENT 3 PROGRAM BUDGET SUMMARY BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT FY 2004 - 2005 Program: Date Prepared: Page: Of: Oakland uounty Family-Focused Juvenile 4/12/Z004 1 1 Contractor Name Budget Period: County of Oakland 10/1/2004 - 9/30/2005 Mailing Address: Budget Agreement: Amendment Number: 1200 N. Telegraph Rd. Ex- Original Amendment City: I State: ' Zip Code: Payee Federal ID Number: Pontiac MI 48053 38-6004876 EXPENDITURE CATEGORY STATE FUNDS LOCAL MATCH TOTAL BUDGET 1. Salaries and Wages $27,953 $96,937 $124,890 2. Fringe Benefits $6,893 $39,744 $46,637 3. Travel $0 _ _ 4. Supplies and Materials $0 5. Contractual (Subcontracts) $121,125 $19,290 $140,415 _ 6. Equipment $0 _ 7. Other Expenses $0 _ 8. TOTAL DIRECT EXPENDITURES $155,971 $155,971 $311,942 _ _ 9 Indirect Costs: 0% $0 $0 $0 _ 10. TOTAL EXPENDITURES $155,971 $155,971 $311,942 SOURCE OF FUNDS STATE FUNDS LOCAL MATCH TOTAL BUDGET _ L. 11. State Agreement $155,971 $155,971 _ 12. Fees and Collections $1,000 $1,000 13. Local $154,971 $154,971 14. Federal $0 $0 15. Other (s) $0 $0 16. TOTAL FUNDING $155,971 $155,971 $311,942 1 uthority: P.A. 368 of 1978 The Department of Community Health is an equal opportunity employer, Completion: Is Voluntary, but is required as a condition of funding. service, and programs provider. DCH-0385(E) (Rev. 6-02) (Excel) Previous Edition Obsolete. Also Replaces FIN-110 : 'ATTACHMENT 3 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH PROGRAM BUDGET COST DETAIL Page 3. of 1 PROGRAM CODE BUDGET PERIOD DATE PREPARED Oakland County Family-Focused 72070-3-04-B 10/1/2004 109/30/2005 4/12/2004 1:15 Juvenile Drug Treatment Court ORIGINAL BUDGET —AME—NZEIllaUZIGET AMENDMF-14-T—NUMBER--, 1. SALARY AND WAGES POSITIONS TOTAL COMMENTS REQUIRED SALARY Coordinator 1 $55,870 match funded through SCAO Probation Officer 1 $54,748 Clerk 0.5 $14,272 TOTAL SALARIES AND WAGES 2.5 $124,890 2. FRINGE BENEFITS (specify) X FICA X LIFE INS. Lx_ DENTAL INS COMPOSITE RATE Z UNEMPLOY INS. VISION INS. X WORK COMP AMOUNT % X RETIREMENT X HEARING INS. X HOSPITAL INS. OTHER $ $46,637 TOTAL FRINGE BENEFITS 3. TRAVEL (specify if any item exceeds 10% of Total Expenditures) None $0 $0 $0 4. SUPPLIES AND MATERIALS (specify if any item exceeds 10% of Total Expenditures) None 0 0 5. CONTRACTUAL (SUBCONTRACTS) NAME ADDRESS AMOUNT Drug Testing - TED $9,200 $0 Evaluators and Consultants, I $10,800 $0 $ $140,415 Office of Substance Abuse Ser $101,125 $19,290 6. EQUIPMENT (specify) None $0 $0 $ 7. OTHER EXPENSES (specify if any item exceeds 10% of Total Expenditures) None $0 $0 $0 8. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7) $311,942 9. INDIRECT COST CALCULATIONS Rate 0% $ 0 $0 10. TOTAL EXPENDITURES (sum of lines 8-9) $ $311,942 -0386 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 the MAGIC Intelligrants System and submitted to 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: 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 Department or its designee to visit and to make an evaluation of the project as determined by Contract Manager. FINANCIAL STATUS REPORT MICHIGAN DEPARTMENT OF COMMUNITY HEALTH ATTACHMENT 5 BPO Number I Contract Number Page i Of t i Local Agency Name Program Code Street Address Report Period Date Prepared Thru fl Final City, State, ZIP Code Agreement Period FE ID Number Thru Category Expenditures Agreement Current Period Agreement YTD Budaet Balance 1. Salaries & Wages 2. Fringe Benefits 3. Travel 4. Supplies & Materials 5. Contractual (Sub-Contracts) 6. Equipment 7. 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 R STATE USE ONLY Advance INDEX PCA A OBJ. CODE AMOUNT 1 Advance Outstanding Advance Issued or Applied Balance Message Authority: P.A. 368 of 1978 The Department of Community Health is an equal opportunity, Completion: is a Condition of Reimbursement employer, services, and programs provider. DCH-0384(E) (Rev. 3/04) (W) Previous Edition Obsolete ATTACHMENT 6 Audit Status Notification Letter (Contractor exempt from the Single Audit and Financial Audit Submission requirement) Date: To: MDCH Office of Audit Quality Assurance and Review Section P.O. Box 30479 Lansing, Michigan 48909-7979 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 Department 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 Department. If you have questions, please contact at . (Contractor's Representative) (phone) Sincerely, Signature Print Name of Contractor Representative/Title ATTACHMENT 7 CERTIFICATIONS AND ASSURANCES Non-Supplanting 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: 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. 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. 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 r11/1/P fVhere tho nrocn= Darucuztani_is_unanw EL-3E 41-1=kfT1F.TITR In Tr ATTACHMENT 7 CERTIFICATIONS AND ASSURANCES (cont'd) 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 ATTACHMENT 7 CERTIFICATIONS AND ASSURANCES (cont'd) -*- - •e — •e e - - 9 • • :eet._ _ _•et •• 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, guarantee, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 10. It 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. It will comply, and assure the compliance of all it sub grantees and contractors, with the applicable provisions of Title I 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. It 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. It 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- 9* • - ' • ATTACHMENT 7 CERTIFICATIONS AND ASSURANCES (cont'd) Disrrimination 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. It will provide an Equal Employment Opportunity Program if required to maintain one— the application is for $500,000 or more. 16. It 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. Special Revenue Fund 279 Revenue 1-35-279-100692-28000-0171 Expenditures 2-35-279-200612-28000-2001 2-35-279-200612-28000-2075 2-35-279-200612-28000-2560 Grants-State Salaries Fringe Benefits Consultant FY 2005 $155,971 $155,971 $ 27,953 6,893 121,125 $155,971 FISCAL NOTE (MISC. #04364) December 9, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: CIRCUIT COURT FAMILY DIVISION - FY 2005 BYRNE GRANT PROGRAM - FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY - 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 reviewed the above referenced resolution and finds: 1. The Circuit Court Family Division has received a grant from the Michigan Department of Community Health, Office of Drug Control Policy in the amount of $155,971, providing funding for a grant period of October 1, 2004 through September 30, 2005. including $155,971 in matching State court match for this Byrne must be reduced to partial funding of one (1) (FTE) Youth and Family and professional services County is $2,566 for This grant follows to accept the continuation of funding from the Byrne Memorial Grant, to the Circuit Court Family Division - Juvenile Drug Court: 2. The total program cost is for $311,942 Byrne grant funds and $155,971 in Administrator's Office (SCAO) funding. 3. Should the SCAO grant, which is used as Grant not be awarded, Byrne Grant expenditures the level of the Byrne Grant awarded. 4. The grant award includes the continued Special Revenue full-time eligible Caseworker II position (#35402-09835), of $121,125. 5. In addition to the County match requirements, the expected to incur administrative and support costs of 2005, which has been included in the FY 2005 budget. does not allow for recovery of those costs. 6. An amendment to the FY 2005 Budget is recommended as FINANCE COMMITTEE r tiete—z,c4- FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Webster absent. >2-101 Resolution #04364 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 resolLtions on the Consent Agenda, as amended, were adopted (with accompanying reports being accepted). I FEW APPROHE 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 tt)ip County of Oakland at Pontiac, Michigan this 9th day of December, 2004. . / )‹. G. William Caddell, County Clerk