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
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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