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HomeMy WebLinkAboutResolutions - 2004.12.09 - 27471December 9, 2004 REPORT (misc. 104373) BY: PERSONNEL COMMITTEE, GREGORY JAMIAN, CHAIRPERSON RE: 52" DISTRICT COURT, DIVISION I — 2005 MICHIGAN DRUG COURT PROGRAM CONTINUATION (SCAO) GRANT ACCEPTANCE TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above mentioned Resolution on December 1, 2004 Reports with the recommendation the Resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on unanimous roll call vote. REPORT (MISC. #04373) December 9, 2004 FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: 52km DISTRICT COURT, DIVISION I - 2005 MICHIGAN DRUG COURT PROGRAM CONTINUATION (SCAO) GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, recommends the resolution be amended as follows: BE IT FURTHER RESOLVED that one (1) full-time eligible special revenue Probation Officer I position (32205-099C3) be continued, and provideo the matching funding for one (1) new Office Assistant I position be created by the Byrne grant acceptance (Mioc. rcoolution 1t04322) in the 52nd District Court, Division I (Novi). Chairperson, on behalf of the Finance Committee I move acceptance of the foregoing report. FINANCE COMMITTEE C74.74z. FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Webster absent. MISCELLANEOUS RESOLUTION #04373 December 9, 2004 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: 52 nd DISTRICT COURT, DIVISION I - 2005 MICHIGAN DRUG COURT PROGRAM CONTINUATION (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52'i District Court, Division I (Novi) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program; and WHEREAS the application requested total program funding in the amount of $157,674 of which $50,000 is awarded by SCAO, $74,391 is received from the Byrne Memorial Grant, required cash matching funds of $3,333 and carry forward of unspent calendar year 2004 funds of $29,950; and WHEREAS total SCAO funding of $83,283 serves as the required 50% matching funds for the Byrne Memorial Grant, and the Byrne Memorial Grant serves as the match for the SCAO grant; and WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS this grant continues funding for one (1) special revenue full- time eligible Probation Officer I position (32205-09903) in the Probation Unit to provide administrative support and intensive probation supervision and frequent alcohol testing of defendants, and provides the matching funds for one (1) new Office Assistant I position created by the Byrne grant acceptance (Misc. Resolution #04322); and WHEREAS the grant funding period has been changed from a calendar year grant to a fiscal year grant coinciding with the County's fiscal year; 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 the State Court Administrative Office (SCAO), Michigan Drug Court Program Grant, in the amount of S50,000, along with the County cash match requirement of $3,333 and the carry forward of unspent calendar year 2004 funds of $29,950. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the Chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of the grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that one (1) full-time eligible special revenue Probation Officer I position (32205-09903) be continued, and provides the matching funds for one (1) new Office Assistant I position created by the Byrne grant acceptance (Misc. Resolution #04322) in 52'a District Court, Division I (Novi). Public Services Committee Vote: Motion carried unanimously on a roll call vote. BE IT FURTHER RESOLVED that no positions may be filled nor expenditures authorized until a grant agreement is fully executed with the County's obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of the positions associated with this grant is contingent upon continuation of State funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERV ICES C5M MITTEE , ' . ----?-0--€ Prentiss Malone, Jr. From: Greg Givens [givensg@co.oakland.mi.usj Sent: Wednesday, November 17, 2004 11:23 AM To: Doyle, Larry; Crane, Patricia Cc: _Malone, Prentiss; Smith, Laverne; Frederick, Candace; Worthington, Pam; Padreem@co.oakland.mi.us ; Hanger, Helen; Agacinski, Karen Subject: CONTRACT REVIEW — 52-1 District Court - Novi CONTRACT REVIEW - 52-1 District Court - Novi --- GRANT NAME: FY 2005 Sobriety Court - SCAO FUNDING AGENCY: SCAO Michigan Drug Court Program / State Court Administrative Office DEPARTMENT CONTACT PERSON: Patricia Crane / 248/305-6453 STATUS: Acceptance DATE: November 17, 2004 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Please note the comment from Corporation Counsel. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Department of Management and Budget: Approved.- Laurie Van Pelt (11/5/2604) Department of Human Resources: Approved. - Ed Poisson (11/4/2004) Risk Management and Safety: Approved. - Gerald Mathews (11/8/2004) Corporation Counsel: SCAO has made the contract revision about which subcontracts require prior approval by SCAO. There appears to be no other outstanding legal issues which require resolution. - Karen Agacinski (11/16/2004) If you have any Anther questions, please *met me. • n A. Monk State COD= AdralliStrailn 24s-30S-9747 5173732172 7-42D P .32/02 Jab-111 Feb-06-01 01;16P mackanzi . a nit-118.41 72:47 Fred:SCAO CEN,TRAL • Michigan Supr state court Malin! • P.0.5ox Lansing, !Add * now OM John D.Testy,Jr..51me 'February me Court tive _Office 43911O SZO Adaambaatar 2001 Honorable Brian MacICenzie . 52" District Court 41150 Grand litiVarAve. . Novi. MI 483741222 Dear Judge MacKenzie: Pursuant to our conversation this Efl0rn1fl regarding the Michigan Drug Court Grant Program, I an peoviding inform/don CQnCCm%U suan 4 in the application materials. i The assurances included in the Mielligen Drug Court GEM application materials are the same as the assurances requited to apply for and accept federal program funding for lrug court programs. Assurance #4 calls for the applicant to provide tocurrance of a program's bags to continue Binding whether that be from local, other state, or federal sources of funding. The grpri hfchison Drug Court Omit Program& is a stare awl program funded with Bruited general fluid dollars." The Apsding is intended to assist in developing and implementing riVi programs and provide limited support to continuing pro . It is, however, the program's responsibility to eventually seek additional =Lucas of Sulam' 5..c,This should not be construed as a coandaie for Atone funding of a program front the trains um Dawn A. Monk Deputy State Court Administraaor _Nlichioan Supreme Court State Court Administr2tjye Office Michigan Hail of Justice P.O. Box 30048 Lansing, MI 43909 Phone: (517) 373-0130 1—..rry, Jr.. Star.: Cour: A.2.rr;z:11::::or September 13, 2004 Honorable William F. POii,t Chief Judge 52nd District Court 520 W. Big Beaver Road Troy, MI 48084 Michigan Drug Court Grant Program Award Notification -- D5 3 -1 T.,,c7,00r; 2005 Grant Period: October 1, 2004— September 2.0, 3 005 Dear Judge As You are aware, the State Coart Administrative Office (SCAO) administers the Michigan Dri.Z.2 Court Grant Proarn, which provides limited finding for planning., implementation or continued operation of loc,al drug court programs in Nlichigan. In addition. the Office of Drug Control Policy (ODCP) provides funding from the Byrne Memorial Foundation to implement drug courts. In an effort to coorinate these fundinE SOLIT-CtS for drtio- co; in nrograms, the SC .A0 .anci thP (Thir)CP UI.i.i7rd the LOLei.ennine aWarCIS. jL 1-ci c; c.;‘,C1 v CU I,Utlilt,C.A•it,'11 111 ail a V!' tiun LiL (.11‘..,-;Ut L Lk.thr..rul 3.CS xc ,--,,fr.-;,n-us)riai Foundation Fundino 6e:6-11-11110. Octoloer 2064. vv e. ir pleased to111FOITI. thal in addition, your CalT1 has been awarded. a cTant the amount :7.1350.000 from the Michicar, Grant Program also beginning October 1. 2004. A cony of the ?.'ilic.hi‘-,ar Drug CCU', Grant Frogram contraot will be sent to the proieci: colliaci. that your court has identified on your gm.r anplication. Budget C.00UllielltS and buthzet detail forms will also be included with the contra.ct to be resubmitted to SCA() and must teti-t'.et the MD P aid i.i.aiut.111.E. D If You have an" oues-tion reo-ariti _ u1. 1 I ) this award or our !-)rocT17.irn, pleas , contact Dr. Phyllis Lrid cc: John D. Ferry, Jr. Phyllis Zold-Kilbourn Deborah Green, Regional Administrator Honorable Brian W. MacKenzie Eatriicia Crane, - Project Director/Contact Michelle L. Bilg-er, Court Ad_niinistrator MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE --MICHIGAN DRUG-COURT-GRANT PROGRAM 2005 GRANT CONTRACT 52-1 District Court-Novi Grantee 38-6004876 SCAO-2005-010 $50,000 Federal 1D Number SCAO Grant Number Grant Amount Public Act 339, effective October 1, 2004, provides funding for the Michigan Drug Court Grant Program for FY 2005. This program is administered by the State Court Administrative Office. The purpose of the Michigan Drug Court Grant Program is to provide funding assistance to trial courts to help with planning new drug courts, implementing both new and existing drug courts, and continuing funding for drug court programs no longer eligible to receive federal funding. Funds from the Michigan Drug Court Grant Program are awarded to grantees conditioned upon the grantee's agreement to comply with the policies and procedures set forth in the application guidelines and administrative requirements for the program and this grant contract. Michigan Drug Court Grant Program-2005 Page 2 Contr This contract incorporates grantee's approved grant request and final approved budget. 2. Contract Administration The State Court Administrator or his/her agent shall have full authority to act for the Grantor in the Administration of this contract consistent with the following provisions. . 3. Term of Contract This contract shall be effective upon the signature of the State Court Administrator or Deputy State Court Administrator and the signature of the grantee's authorizing official and chief judge. The contract shall commence October 1, 2004, and shall terminate on September 30, 2005, unless terminated earlier. Funding under this contract does not guarantee future funding from the Michigan Drug Court Grant Program. 4. Contract Funding Upon approval of the grantee's application and signing of this contract, the State Court Administrative Office agrees to provide funding from the Michigan Drug Court Grant Program in an amount not to exceed the amount of the grant contract. In no event does this contract create a charge against any other funds of the State Court Administrative Office or the Michigan Supreme Court. 5. Conduct of the Project A. The Grantee shall abide by all terms and conditions imposed and required by the grant application guidelines and budget requirements. Michigan Drug Court Grant Program-2005 Page 3 13-:--The-Grantee shall operate-its drug-court-project-i ; -6 - - - - - e-key components of drug courts as outlined in the application guidelines. C. The Grantee shall comply with all applicable federal, state, and local laws, rules, and regulations. 6. Cash/In-Kind Match The state share of the grant project may not exceed 75% of the total State Court Administrative Office project cost. At least 25% of the total project cost is a required match and must come from a combination of local cash, in-kind, or other sources. Cash contributions must constitute at least 5% of the total project cost. 7. Assignments and Subcontracts All provisions and requirements of this contract shall apply to any subcontracts or agreements the grantee may enter into in furtherance of its obligations under this contract. The grantee shall provide copies of all subcontracts for services funded by this grant to the State Court Administrative Office for review and approval prior to entering into the subcontract agreement and shall be responsible for the performance of any subcontractor. 8. Independent Contractor Status A. Both parties to this contract will be acting in an independent capacity and not as an agent, employee, partner, joint venturer, or associate of one another. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose. B. The grantee understands and agrees that all persons furnishing services pursuant to this contract are, for purposes of workers' compensation liability or other Michigan Drug Court Grant Program-2005 Page 4 I • - I v:Tlerteilltri-OVCCS-C te Court Administrative Office or the Michigan Supreme Court. The grantee bears the sole responsibility and liability for furnishing workers' compensation benefits to any of its employees for injuries arising from or connected with services performed pursuant to this contract. 9. Indemnification Each party to this contract will remain responsible for any claims arising out of that party's performance of this contract as provided by the terms of this contract or applicable law. This contract is not intended to increase or decrease either party's liability for or immunity from legal claims. This contract is not intended to nor will it be interpreted as giving either party hereto a right of indemnification, either by contract or by law, for claims arising out of the performance of this contract. 10. Debarment and Suspension The grantee may not contract with or make any award of the State Court Administrative Office drug court grant funds at any time to any party that has been debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." 11. Acquisition, Accounting, Record Keeping & Inspection A. The grantee agrees that all expenditures from this contract, including the acquisition of personnel services, contractual services, supplies, and equipment, shall be in accordance with (1) the standard procedures of the grantee's unit of Michigan Drug Court Grant Program-2005 Page 5 administrative and-budget-r - - iehigarr Drug Court Grant Program. B. The grantee agrees to maintain accounting records following generally accepted accounting principles for the expenditure of funds for the purposes identified in the approved grant request, final approved budget, and any applicable approved contract addendum and/or budget amendment. C. The grantee agrees that the Michigan Supreme Court, State Court Administrative Office, the local government audit division of the Michigan Department of Treasury, the State Auditor General, or any of their duly authorized representatives, including program evaluators and auditors, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, books, accounts, data, time cards, or other records related to this contract. The grantee shall retain all books, records, including all pertinent cost reports, accounting and financial records, or other documents related to this contract, for five (5) years after final payment, at the grantee's cost; federal and/or state auditors, and any persons duly authorized by the State Court Administrative Office, shall have full access to and the right to examine and audit any of the materials during the term of this contract and for five (5) years after final payment. If an audit is initiated before the expiration of the five-year period, and extends past that period, all documents shall be maintained until the audit is complete. The State Court Administrative Office shall provide audit findings and recommendations to the grantee. The State Court Administrative Office may adjust future or final payments if the findings of the audit indicate over-or under- payment to the grantee for the period audited, subject to the availability of funds Michigan Drug Court Grant Program-2005 Page 6 sucn p dillerge auan-tu-seifises grantee shall immediately refund all amounts that may be due the State Court Administrative Office. Failure of the grantee to comply with the requirements of this section shall constitute a material breach of this contract upon which the State Court Administrative Office may cancel, terminate, or suspend this contract. D. The grantee's accounting system must maintain a separate fund or account that segregates the Michigan Drug Court Grant Program contract receipts and expenditures from other receipts and expenditures of the grantee. 12. Accountability for Michigan Drug Court Grant Program Funds The grantee agrees that it will not expend funds obtained under this contract for any purpose other than those authorized in the administrative requirements and specified in the grant application and revised approved budget for the Michigan Drug Court Grant Program, and will expend grant funds only during the period covered by this contract, unless prior written approval is received from the State Court Administrative Office. 13. Program Review and Monitoring The grantee shall give the State Court Administrative Office and any of its authorized agents access to the drug court at any reasonable time to evaluate, audit, inspect, observe, and monitor the operation of the program. The inspection methods that may be used include, but are not limited to: on-site visits; interviews of staff and drug court participants; and review of case records, receipts, monthly/quarterly statistical reports, and fiscal records. Michigan Drug Court Grant Program-2005 Page 7 epurA The grantee agrees to provide reports as identified in the application guidelines and administrative requirements for the Michigan Drug Court Grant Program to the State Court Administrative Office as follows: A. Financial Reports. Financial reports are due quarterly, one month following each quarter of the fiscal year, with the exception of the 4th quarterly report which will be due October 10, 2005, in order to meet fiscal year-end reporting requirements. The financial quarterly reports will be due January 31, 2005; April 30, 2005; July 31, 2005; and October 10, 2005. The State Court Administrative Office will provide copies of the financial report forms upon request. B. Progress Reports. Progress reports are due semi-annually. The reports will be due on March 1, 2005, and September 1, 2005. The progress reports will list the drug court program's goals and objectives, detail the status of accomplishments for each goal and objective, discuss any changes in the program's goals and objectives as set forth in the application for grant funding, and describe program activities during the reporting period. The final report must provide a summary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award. C. Drug Court Grantee Data Reporting. Felony adult, DUI/OUI and juvenile drug court recipients of implementation and continuation funding are required to submit to the State Court Administrative Office on a quarterly cycle the Drug Court Quarterly Program Report developed by the Office of Drug Control Policy. Family dependency drug court recipients of implementation and continuation funding are required to submit to the State Court Administrative Office the Drug Michigan Drug Court Grant Program-2005 Page 8 Se 4 - • -Is 11 , 'ourt-Administrative Office. The quarterly reports will be due January 31, 2005; April 30, 2005; July 31, 2005; and October 10, 2005. Should a grantee awarded funds for planning purposes become operational during the contract period, the grantee will be responsible for submitting the appropriate quarterly program reports for the quarter immediately following program implementation as required above for courts receiving implementation funding. The grantee is responsible for obtaining the appropriate quarterly report forms. D. Grant Funding Reallocation. The State Court Administrative Office retains the right to reallocate grant funding if ongoing progress is not being made toward achieving the program's goals and objectives and/or in the implementation of the drug court grant project as defined in the approved grant request. Reimbursement for grant costs and/or future funding may be withheld or denied if any of the required reports in this section are delinquent or received thirty (30) days past their due date. 15. Budget Modification Adjustments in expenditures up to $1,000 within line item categories in the approved budget and transfers up to $1,000 between line item categories in the approved budget may be made without the prior written approval of the State Court Administrative Office. Requests for adjustments in expenditures within line items and between line item categories exceeding $1,000 must be made using a Contract Adjustment Request Form which can be obtained from the State Court Administrative Office. Michigan Drug Court Grant Program-2005 Page 9 erminaliont Funding The State Court Administrative Office may, at its election, place a funding hold on contracted amounts not yet disbursed or terminate this contract if it concludes that the grantee is not in compliance with the conditions and provisions of this grant contract, the grant application guidelines and administrative requirements, or the budget requirements of the Michigan Drug Court Grant Program. The State Court Administrative Office may extend an opportunity for the grantee to demonstrate compliance. Notification of a funding hold or termination will be in writing. It is agreed that, if funding for this contract becomes unavailable to the State Court Administrative Office, this contract may be canceled immediately upon notice to the grantee without further financial liability to the State Court Administrative Office. Authorized By: State Court Administrative Office Date Acceptance by Grantee: Authorizing Official (Signature and Title) Date Chief Judge (Signature) Date - ' Michigan Drug Court Grarit Progiam-2004 Page 10 10 Special Revenue Revenue 1-32-279-100303 1-32-279-100303 Fund 279 -28000-0171 -28000-0167 -28000-2001 -28000-2075 -28000-2560 -28000-4156 $ 50,000 $ 3,333 $ 53,333 $ 19,900 $ 9,850 $ 11,400 $ 12,183 $ 53,333 Expenditures 2-32-279-200303 2-32-279-200303 2-32-279-200303 2-32-279-200303 Grants-State Grant Match Salaries Fringe Benefits Consultant Lab. Supplies FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Webster absent. &t-L CC 15 )1,C-0-0- cf Li1ic124,z t. FISCAL NOTE (MISC. #04373) December 9, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: 52ad DISTRICT COURT, DIVISION I - 2005 MICHIGAN DRUG COURT PROGRAM CONTINUATION (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 52 District Court, Division I (Novi) has received a grant from the State Court Administrator's Office (SCAO), Michigan Drug Court Program, for the period of October 1, 2004, through September 30, 2005 representing a change in funding period from calendar year to fiscal year grant, coinciding with the County's fiscal year. 2. The award from SCAO is for $50,000 requiring $3,333 in County cash match, $74,391 in Byrne Memorial grant funds, and carry forward funding of $29,950 from the 2004 calendar year SCAO grant. The total program funding is $157,674. 3. The grant includes continuation funding of one (1) special revenue full-time eligible Probation Officer I position (32205- 09903) to provide administrative support and intensive probation supervision and frequent alcohol testing of defendants, and provides matching funding for one (1) new Office Assistant I position created by the Byrne grant acceptance (Misc. Resolution #04322). 4. In addition to the County match requirements, the County is expected to incur administrative and support costs of $1,827 for 2005, which have been included in the FY 2004/FY2005 budget. This grant does not allow for recovery of those costs. 5. The FY 2005 budget should be continued funding from the SCAO, grant: amended as follows to accept 52-1 District Court Drug Court General Fund Expenditures 90-290000-25000-2872 Non-Dept, - Grant Match 32-201100-20006-2872 District Ct. - Grant Match FY 2005 ($ 3,333) $ 3,333 0 FINANCE COMMITTEE Resolution #04373 December 9, 2004 Moved by Crawford supported by Potter the resolution be adopted. Moved by Crawford supported by Gregory the Personnel Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Crawford supported by Bullard the Finance Committee Report be accepted. A sufficient majority having voted therefore, the report was accepted. Moved by Crawford supported by Bullard the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted therefore, the resolution as amended, was adopted. Vote on resolution, as amended: AYES: Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Moffitt, Palmer, Patterson. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolution, as amended, was adopted. OEM, I HEREBY APPROVE THE FORMS RESCAUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 9, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 9th day of December, 2004. /a1:46efLe,*‘ G. William Caddell, County Clerk