HomeMy WebLinkAboutResolutions - 2004.11.18 - 27621November 18, 2004
REPORT (MISC. #04322)
BY: PERSONNEL COMMITTEE, GREGORY JAMIAN, CHAIRPERSON
RE: 52-1 DISTRICT COURT — FY 2005 BYRNE GRANT PROGRAM — FROM THE
MICHIGAN OFFICE OF DRUG CONTROL POLICY — CONTRACT
ACCEPTANCE
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson. Ladies and Gentlemen:
The Personnel Committee having reviewed the above referenced Resolution on
November 10, 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 a unanimous roll call vote with Hatchett and Coleman absent
MISCELLANEOUS RESOLUTION 104322 November 18, 2004
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: 52-1 DISTRICT COURT - FY 2005 BYRNE GRANT PROGRAM - FROM THE
MICHIGAN OFFICE OF DRUG CONTROL POLICY - CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Community Health, Office of Drug
Control Policy has awarded grant funding to the 52-1 District Court at Novi
in the amount of $74,391 with a grant period of October 1, 2004 through
September 30, 2005; and
WHEREAS the 52-1 District Court Sobriety Court program has received
continuation funding to deal with the problems of increasing recidivism,
increasing use of alcohol and illegal drugs, rising systems costs, and an
increase in jail days ordered; and
WHEREAS the 52-1 District Court Sobriety 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 52-1 Novi District Court is in the 3 rd year of grant funding
on a sliding scale match formula, requiring a 50/50-match requirement.
WHEREAS the 52-1 Novi District Court is awarded $74,391 which is 50% of
the total program budget of $148,782 and requires a 50% match expected to be
made up by SCAO Grant funding; and
WHEREAS this award creates one (1) new PTNE Office Assistant I position
and continues funding for one (1) Probation Officer I (32205-09903); 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 $148,782 which includes $74,391 from
Byrne and $74,391 as local match, which is funded from a pending concurrent
FY 2005 grant from the State Court Administrators Office (SCAO).
BE IT FURTHER RESCLVED 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 17 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 the SCAO Grant award will be used as
matching dollars for the Byrne Memorial Grant, per approval of the State
Court Administrator's Office.
Public Services Committee Vote:
Motion carried unanimously on a roll call vote.
Comm ttee Publig'Services Committee
BE IT FURTHER RESOLVED this award creates one (1) special revenue PTNE
Office Assistant I position and continues funding for one (1) FTE Probation
Officer I (32205-09903) position.
BE IT FURTHER RESOLVED that continuation of the positions associated
with this grant is contingent upon continuation of State and Federal funding.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
10 / I
Helen Hanger
From:
Sent:
To:
Subject:
Karen Agacinski [agacinskik@co.oakiand.mi.us]
Tuesday, November 09, 2004 10:27 AM
Greg Givens
FW: FY 05 Byrne Contract(s)
Original Message
From: Karen Agacinski [mailto:agacinskik@co.oakland.mi.us]
Sent: Friday, October 22, 2004 5:18 PM
To: Kevin Bertram; Greg Givens
Subject: FW: FY 05 Byrne Contract(s)
Talked with Larry Chambers a couple of times today. He was willing to draft
the following email, but he is the contract administrator, not the person
who would have the final say.
He indicates that he has brought the language about computer compliance to
the attention of whatever mysterious power drafts contracts, and has the
impression that they may be unwilling to change the language
(notwithstanding that it is not even a complete sentence.)
I told him I would call him again on Tuesday (the due date for these grants)
to see if we have made any progress.
any thoughts?
thanks
Karen
Original Message
From: Larry Chambers [mailto:ChambersL@michigan.gov]
Sent: Friday, October 22, 2004 3:20 PM
To: agacinskik@co.oakland.mi.us
Subject: Fwd: FY 05 Contract
>» Larry Chambers 10/22/2004 1:14:56 PM >>>
I am not sure my original email was successfully delivered so I am
resending.
As we discussed on the phone this morning, the language contained in
Part IT, Section I of the FY 05 Standardized DCH contract is intended to
ensure that software utilized by the Contractor (i.e. Oakland County)for
various products (databases, reports, stored data, etc.) is compatible
with that used by DCH.
As an example, ODCP utilizes MS Word and MS Excel for its reporting
requirements. It would be expected that the project in question use
software compatible with these programs so as to facilitate reporting.
The purchase of such software is an allowable grant expense to assist
projects with compliance and compatibility.
1
Prentiss Malone, Jr.
From: Greg Givens [givensg@co.oakland.mi.us]
Sent: Wednesday, October 27, 2004 10:07 AM
To: Doyle, Larry; Crane, Patricia
Cc: Malone, Prentiss; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary;
Hanger, Helen
Subject: CONTRACT REVIEW — 52/1 District Court
CONTRACT REVIEW - 32/1 District Court
GRANT NAME: FY 2005 Byrne - Sobriety Court
FUNDING AGENCY: Michigan Office of Drug Control Policy
DEPARTMENT CONTACT PERSON: Patricia Crane / 248/305-6453
STATUS: Acceptance
DATE: October 27, 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 from
Corporation Counsel. This correction should be made before submission
to the Board for acceptance.
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 (10/8/2004;
Department of Human Resources:
Approved. - Ed Poisson (10/26/2004)
Risk Management and Safety:
Approved. - Gerald Mathews (10/13/2004)
Corporation Counsel:
After reviewing this grant contract, there appears to be only one issue
that requires attention. In Part II (General Provisions), Section 1(I),
the first four lines do not make a full sentence. The phrase presently
reads: "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." I have discussed this section with the Larry Chambers, grant
advisor for the Office of Drug Control Policy, and received an email
from him regarding the likely interpretation of this section, which
appears acceptable. I have forwarded the email to Greg Givens and Kevin
Bertram for their records.
Mr. Chambers also indicates that it is unlikely that we will be
successful in having this phrase converted into a full sentence by those
who draft contracts for the State. But, based on his email, I suggest
that the Chairman cross out the "that" in the first line and initial the
change when he signs the contract. In the meantime, I will continue to
work with Mr. Chambers in the hopes of obtaining a corrected page.
Otherwise, there appear to be no outstanding legal issues that require
additional action or resolution at this time. - Karen Agacinski
(10/26/2004)
1
If you have any further questions, please Contact rue.
Si •
n A. Mock
State Court Ailministratnr
Feb-06-01 01:16P mackenzia
43-0S-41 11:47 fraOtA0 CENTRAL
248-306-9747 P.02
-- 5172732131 7-420 P.02/02 Jok-111
Michigan Suprinte Court
State Court Adralniatrative Offic.e
P.O. Sox
i Lansing, Mich! 4339G4
• • fltant(517) 1317
jahA D. Iresty,jr., &Me Adminbtraliw .
•Pcbruzey 2001
Honorable Brian MacICenzin
Srl District Court
42150 Grand RivarAve.
Novi, MI 48374-1222 .
Dear Judge MacKenzie:
Pm-august to our convorsation this mining regarding the Michigan MIS Court Grant
Program, I 11221 providing information concerning Assurance #4 in the applicalicm malerials.
The assurances included in the Michigan Drug Court Grant application Materials are the
same as the assurances required to apply for and pt **Tat program funding for thug court thiwee
programs. AMMO= #4 calls for the applicant provide 23.11UraTICD Of a proparn's haul to
continue fiseding whether that he from local, 0 state, or federal sources of funding. The
Michigan Drug Cowt Grant Program is tc-a.prcpriatcd program funded with limited gencoll
fmul dollars. The funding Is intended to assist ht develoPiza and huPlatoeuting 115W programs
and provide limited support to continuing pogranA. It is, however, the program's rP4portsi!ility
to eventually seek sidditional sources of funding. I This should not he construed as a mandate for
fIttufe funding of a program from the funding
Contract #: 20051224
Grant 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 1,D.#. 38-6004876
hereinafter referred to as the "Contractor"
for
52-1 Dist:ict Court - County of Oakland
Sobriety Court
72085-3-04-13
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 $ 148,782 . The Department under
the terms of this agreement will provide funding not to exceed
$ 74 , 391 . The federal funding provided by the Department: is
approximately $ 74,391 or 100.00 %; the Catalog of Federal Domestic
Assistance (CFDA) number is
16.575 and the CFDA Title is
Byrne Memorial Formu]a Grant
federal agency name is
United States Department of Justie ; the
federal grant award number is 2004DB13X0052 and federal program
title is Byrne Formula Grant •
B. Equipment Purchases and Title
Any contractor equipment purchases supported in whole or in part through this
agreement must be listed in the supporting Equipment Inventory Schedule.
Equipment means tangible, non-expendable, personal property having useful life
of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title
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
C. Deviation Allowance
A deviation allowance modifying an established budget category by $10,000 or
15%, whichever is greater, is permissible without prior written approval of the
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
Telephone No.
BeckerNmichian.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.
Title
C. The Department will not assume any responsibility or liability for costs incurred by
the Contractor prior to the signing of this agreement.
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, CertificaVons 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 Commissoney's
Title
D. Reporting
Utilize all report forms and reporting formats required by the Department at the
effective date of tnis agreement, and provide the Department with timely review
and commentary on any new report forms and reporting formats proposed for
issuance thereafter.
E. Record Maintenance/Retention
Maintain adequate program and fiscal records and files, including source
documentation to support program activities and all expenditures made under the
terms of this agreement, as required.
Assure that all terms of the agreement will be appropriately adhered to and that
records and detailed documentation for the project or program identified in this
agreement will be maintained for a period of not less than three (3) years from the
date of termination, the date of submission of the final expenditure report or until
litigation and audit findings have been resolved.
F. Authorized Access
Permit upon reasonable notification and at reasonable times, access by authorized
representatives of the Department, Federa! 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 monitoring procedures, as deemed necessary. The
Contractor must also assure that the Schedule of Expenditures of Federal
Awards includes expenditures for all federally funded grants.
Part ll
General Provisions
I. Responsibilities — Contractor
The Contractor in accordance with the general purposes and objectives of this agreement
will:
A. Publication Rights
1. Where activities supported by this agreement produce books, films, or other
such copyrightable materials issued by the Contractor, the Contractor may
copyright such but shall acknowledge that the 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.
2. Financial Statement Audit
Contractors exempt from the Single Audit requirements that receive
$500,000 or more in total funding from the Department in State and
Federal grant funding must submit a copy of the Financial Statement Audit
prepared in accordance with generaliy 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.
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 tne Single Audit reporting package and management letter, if one
is issued, Financial Statement Audit and management letter, if one is
issued, or the Audit Status Notification Letter must be forwarded to:
Michigan Department of Community Health
Office of Aud:t
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.
Responsibilities — Department
The Department in accordance with the general purposes and objectives of this
agreement will:
A. Reimbursement
Provide reimbursement in accordance with the terms and conditions of this
agreement based upon appropriate reports, records, and documentation
maintained by the Contractor.
B. Report Forms
Provide any report forms and reporting formats required by the 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 nereby 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 app'icabie 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
individuai'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
Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL
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 mace 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
indoor facilities that are constructed, operated, or maintained with such
federal funds. The law does not apply to children's services provided in
private residences; portions of facilities used for inpatient drug or alcohol
treatment: service providers whose sole source of applicable federal funds
is Medicare or Medicaid; or faciAies where Women, Infants, and Children
(WIC) coupons are redeemed. Faiiure 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 Interaovernmental 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 pol.tical 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 applicabie 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 wnere 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
Department; or
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 s:gnificant history of all purchases are maintained for a minimum of
three years after the end of the agreement period.
Health Insurance Portability and Accountability Act
To the extent that this act is pertinent to the services that the Contractor provides
to the 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:
The Contractor must not share any protected health data and information
provided by the Department that falls within H1PAA 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 healtn 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 fails 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 that falls under the HIPAA requirements of which the Contractor
becomes aware.
6. Failure to comply with any of these contractual requirements may result in
the termination of this agreement in accordance with Part 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.
C. Reimbursement Mechanism
All contractors are encouraged to sign up through the on-line vendor registration
process to receive all State of Michigan payments as Electronic Funds Transfers
(EFT)/Direct Deposits.
D. Final Obligations and Financial Status Report Requirements
1. Preliminary Close Out Report
A PrelirrMary 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. Unobliqated 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 I II.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 wili make
payments to the Contractor for allowable reimbursable costs not covered by previous
payments or other state or federal programs. The Contractor snail 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
a result of this agreement shall be resolved in the State of Michlgan.
VII. SeverabilitV
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, sucn 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.
X. Conflict of Interest
The Contractor and the Department are subject to the provisions of 1968 PA 317, as
amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended,
MCL 15.341 et seq, MSA 4.1700 (71) et seq.
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
72035-3-04-B
The 52-1 Sobriety Court, a third-year project, will continue to target repeat and
high-risk drunk driving offenders, who as a group, are at high risk of committing a
drinking and driving offense. The coal of sobriety court is to reduce alcohol related
offenses in this group and to reduce alcohol and drug use generally. The objectives of
sobriety court will be met though use of the drug court model and the Key Components of
Drug Courts.
ATTACHMENT 2
STATEMENT OF WORK
72085-3-04-B
Defendants are eligible for Sobriety Cour: it they have a prior alcohol related driving
conviction, if they are a high risk first offender and live in the jurisdiction of the
court. Eligibility is also possible at the time of a probation violation hearing when a
defendant has recidivated with drinking and driving offense. Additionally, a small number
of placements are available for youths (ape 17 through 20) who have been ticketed for
Minor in Possession a minimum of two times and who appear at high risk to commit a
drinking and driving offense. The final decision on a defendant's elipibility for
Sobriety Court is made at the time of sentencing when the judge reviews the presentence
investigation or alcohol assessment. Ail sentencing reports submitted by the court's
investigative unit and Probation officers indicate candidacy for Sobriety court. The
Needs assessment is given to all drunk driving offenders and provides ASAM criteria for
supervision and treatment placement. The criteria which deny eligibility are similar to
other drug courts and include: no telony drup delivery charges, no crimes of aggravated
assault and no offenses involving possession or use of a firearm. Offenders with a
history of mental illness will be denied entry if there is a history of refusal to comply
with treatment directives. Since eligibility and screening are based on established
written criteria, eligible participants are promptly advised about program requirements
and potential clients are screened for aJcohol and other drugs and suitability for
treatment, Key Component #3 is met.
Sobriety Court alters the time line of traditional supervision in the District Court_
When sentenced, the typical drunk driver is sentenced to probation. Typically, the first
probation appointment is six to eight weeks following sentencing. Given the high
recidivism rate of this population, it would often take almost three months before the
defendant made contact with a substance abuse counselor. Also, given the high caseload
of probation officers in the court, the individual officer is unable to provide the
scrutiny and supervision required by the addicted individual. Sobriety Court allowed for
intensive supervision in an expedited time frame. Given the characteristics of this
group, the timely referral to treatment, monitored treatment, regular AA attendance and
alcohol/drug testing are considered tbe :;ey components to reducing the recidivism rate.
Sobriety Court is a post-plea specialized court. It is a phase structured program of
eighteen months duration and is run on a point system. The eighteen month term is based
on the recognition that the longer the defendant is monitored and attending support
groups, the more likely a quality recovery program will be maintained. Upon entry into
Sobriety Court, the defendant is assigned an intensive probation officer and is placed on
the intensive track. :f the defendant noes no: progress in treatment. or comply with
sanctions, the intensive phase may be extended up to 12 months. Failure to graduate from
the Intensive Phase within 12 months will result in revocation of sobriety court status
and immediate sentencing. Each defendant who enters the 72-week program does so
voluntarily. Because these individuals dive up certain constitutional and privacy
rights, the agreement to enter Sobriety Court is based on a signed contract and a knowing
waiver on the record. The following are the phases of Sobriety Court:
Phase I :ntensive Phase 9 months to 12 months
Phase TT Step-Down 18 weeks cc 12 months
Phase III Aftercare 9 months to 24 months
ATTACHMENT 2
STATEMENT OF WORK
During the Intensive Phase, participants have to:
Report to Intensive Probation Officer weekly
Attend judicial review hearings monthly
Alcohol test daily for first 60 days (morning test only); After 60 days testing is
reduced:
5 times weekly and after 90 days to 4 times weekly
Drug testing a minimum of one time weekly
Attend substance abuse counseling a minimnm of one time weekly .
Attend AA a minimum of three times weekly
Curfew imposed for 10 p.m. for firs: 60 days and is increased after at discretion of the
team
After earning 112 points and good performance, participants move to Step-Down where:
Maintain counseling a minimum of one time weekly
Submit to drug testing two times monthly
Alcohol test three times weekly
Attend AA three times weekly
Provide proof of AA sponsor
Curfew is removed
Participants graduate when:
Earn 180 points
Have 90 consecutive sober/clean days
Met all conditions of Intensive Phase
Following graduation, participants move 'Jo Phase ITT, the Aftercare Phase. Aftercare is
a minimum of nine months duration but can be extended to twenty four due to relapse
issues. During the Aftercare phase, participants must:
Report two times monthly to the Sobriety Court Probation Officer
Attend AA three times weekly
Submit to random alcohol/drug testing
Relapse Prevention Plan
If relapse occurs in the Aftercare Phase, participants must follow the relapse prevention
plan, which continues for sixteen weeks. When relapse occurs, the participant works with
his counselor, probation officer and sponsor to define the behaviors, attitudes,
thoughts, feelings and situations that became the obstacle to recovery. Ti relapse occurs
ATTACHMENT 2
STATEMENT OF WORK
late in the aftercare phase, the defendant's probation may be extended uo to twenty four
months. While in relapse prevention, participants return to more intensive supervision
and:
Report weekly to the Probation OfEicer
Attend judicial review hearings one time per month
Complete an intensive alcohol/drug connselinc; program
Maintain weekly outpatient counseling sessions following intensive treatment
Attend 90 AN meetings in 90 days
Submit to alcohol/drug testing as directed by the Probation Officer
Earn a minimum of 96 points to return to Aftercare Phase
The point system is the following:
Categories to Gain Points Required Number of Points
Appointments with Probation Officer ;1 point; 26 minimum; 36 maximum
AA meetings (1 point) 72 minimum; 106 maximum
Substance abuse counseling session (1 point) 34 minimum; 68 maximum •
Impact Weekend 10 if completed w/in 3 mo.; 5 at any time thereafter
Sponsor/Family Member at judicial hearng 2x mandatory; 5 per visit
Obtainind AA sponsor 10 if completed w/in 2 months; 3 if completed after
Serve 30 days in N House 30 points
Serve 60 days in N House 40 points
Sanctioned/lost points Number of Points Lost
Missed AA meeting 5
Missed counseling appointment 5
Missed probation appointment 10
Missed Impact Weekend it
Missed judicial hearing 10
Falsified AA 10
Dishonesty 15
Missed/failed PE-2 cr urinalysis 20
-
ATTACHMENT 2
STATEMENT OF WORK
The following are the point reauirements for the Relapse Prevention Plan:
Categories to Gain Points Required Number of Points
Meetings with probation officer (1 point
AA meetinas (1 point) 48
Intensive counseling (1 poin= per session)
Outpatient counseling (1 point per session) 12
Alcohol/drag testing (1 point per test) 8 minimum
When Sobriety Court was implemented on Mat oh 5, 2001, there was no point system. Having
participated in the federal training offered by the Drug Court Program Office, the team
was particularly impressed by the use of the point system in the drug court in
Albuquerque, New Mexico. In mid-2001, the Sobriety Court team created the point system.
We have found that participants respond positively to the point system since they are
able to quantify their progress. Further, the point system became an equalizer in the
program. Conseduently, there have been no allegations of unfairness or partiality by the
team or the judge. Each participant is aware of how many points must be earned, ways to
increase points and each participant knows that others have lost points but were able to
graduate and recover from addiction.
The judicial review focuses on the progress of the defendant en treatmenf, the problems
associated with the achievement of duality sobriety and addresses the difficulty faced by
the offender at home, at work and in the community. Over the past two years, each of the
three Sobriety Court judges have developed a style of dealing with defendants in the more
informal drug court proceeding, Judicial Status hearings begin 30 days following
sentencing. At the first judicial hearing, the defendant is welcomed into the program.
After that, participants appear monthly, their progress is reviewed and appropriate
sanctions or incentives are imposed. All individuals within the program are held to a
standard of absolute responsibility. At the team meetings, the intensive probation
officer informs the team of the defendant's progress and/or in±eactions that have
occurred since the last court appearance and makes recommendations for rewards, reduction
of certain conditions or sanctions. It is the policy of Sobriety Court that all arguments
are resolved and there is full agreement on the action to be taken before the team
appears in court. At the time of the judIcial review, defendants who achieve program
goals and exhibit drug free behavior are rewarded and encouraged by the court through a
series of rewards. The incentives include the following: encouragement and praise, curfew
extensions, permission to travel out of state and tickets for sporting events and
concerts (based on availability). When there is a rule infraction, the defendant will
appear before the Court on the day following the infraction. Should a defendant fail to
appear for a judicial status hearing, the jedde issues a bench warrant with a request for
immediate pick up. Since Sobriety Court has regularly scheduled review dates to monitor
pareicipant compliance and the court applies appropriate incentives and sanctions to
match treatment progress, Sobriety Court meets Key Component #7.
Failure to follow treatment and/or supervisory requirements result in the imposition of
ATTACHMENT 2
STATEMENT OF WORK
sanctions. Common sanctions used by the court are increased testing or loll time. For
example, participants may be renuired to increase their breath tests from one test per
day to twice daily testing. Failure to be honest with the intensive officer results in a
three-day jail sentence. Honesty and accountability are considered the backbone of
Sobriety Court. If a defendant is honest with the probation officer, :here is often a
reduction in the number of jail days to be served as a sanction. The reduction of
sanctions, for owning up to a violation, demonstrates the ph:losonhy of participants
taking responsibility for their actions. Relapse, missed counseling sessions, late to
test, missed AA and falsified AA result in one or more of the following sanctions:
judicial warning, increased drug testing, increased AA attendance, community service,
tether, order to live in a X House and incarceration. Consideration of all sanctions
including the removal of the defendant from Sobriety Court occurs at the team meeting,
which cakes place in the judge's chambers prior to every judicial review hearing. Since
there is a coordinated response to good progress as well as non-compliance, a graduated
sanction schedule and regular communication regarding sanctions at team meetings,
Sobriety Court meets Key Component #6.
Graduation occurs when the participant has successfully completed all the requirements of
the intensive phase, served nine months in the program and has earned 180 points. An
informal ceremony occurs at the final ludicial review bearing, when the defendant is
given a certificate of graduation signed by the judges, a handshake and a court coffee
mug. Formal graduation ceremonies occur twice annually. Each graduate is given the
opportunity to speak at the graduation and each is asked to write a graduation letter.
The graduates talk about their experience in the program and how they have changed as a
result of it. The graduation letter is meant to provide feedback on the program and its
operation. At the formal graduation, each participant is given a motivational plague that
addresses the unique personality trait that the intensive officers felt most served them
while in the program. The ..52/1 District Court has conducted four formal graduation
ceremonies on December 12, 2001, June 6, 2032, December 3, 2002, and January 13, 2004.
Following the informal graduation, the participants are formal II' sentenced. In addition
requirement of 180 points, the following criteria are necessary for graduation:
Have a minimum of 90 continuous sober/clean days
Successful completion of treatment
Attend 72 AA/NA meetings
Have an AA sponsor
No criminal offenses
The Aftercare Phase follows graduation fiom the intensive Phase and consists of the
second nine months of the program. It was planned to be less rigorous but still allowed
the court to monitor the defendant. As participants graduated and moved into Aftercare,
the team had to deal with the problems of recovery. In the last Quarter of 2002, a
pattern of relapse was observed. In a team meeting which incinded representatives of AA,
it was suggested that relapse occurs when an individual gets too comfortable with
recovery and due to this relaxation, stops attending meetings or lessens. contact with a
sponsor. Based on this, we have learned that the relaxation in supervision folldwing the
intensive phase had to be gradiently adjusted. As relapse became an issue, changes in
case management of this phase were made. Following relapse, defendants appear before
the judge and judicial review hearings are re-instated. Participants must follow the
ATTACHMENT 2
STATEMENT OF WORK
relapse protocol and earn 96 points befote they can return to the Aftercare Phase.
Testing in the Aftercare Phase became an issue of some controversey. Participants
vocalized their dissatisfaction with random JAMS testing 6 times monthly. They
verbalized their perception that they were moving backward rather than forward in the
restrictions placed cm them. In the team meeting, the decision was made to impose
graduated testing. The following protocol was put in place in February 2004; testing 6
times per month for the first three months, testing 4 times per month for the second
three months and testing two times per month for the final three months of the program.
Since the program began, fourteen participants have failed in aftercare due to an
unwillingness to make a commitment to a disciplined recovery program.
Finally, as our participants have graduated and become active in helping others with
recovery, we have asked them to become mentors for those participants who are new in the
program. In response to this, we have created a Graduate Mentor Group, which is
collaborating with sponsors in AA. First Step, An Introduction to 12 Step Programs, is
a program run by this group. It is held hi-weekly as a forum for Sobriety Court graduates
who are committed to AA, community AA sponsors and current participants who want to learn
or reach out to others through AA. Many of the mentor graduates attend judicial review
hearings on their own initiative. They have been instrumental in their support for the
program and the participants. It should be noted that AA activists have questioned the
propriety of having AA sponsors lose their anonymity when appearing in open court. The
team responded that a sponsor makes a Personal choice to appear in court. that the
appearance of a sponsor is not required as part of the Sobriety Court protocol.
Revocation occurs when the defendant continues to relapse whlle in treatment coupled with
a failure to cooperate with Sobriety Court or treatment directives. Sobriety Court is
based on honesty and personal responsibility. The defendant has to demonstrate an
unwillingness to remain in treatment, continue to use alcohol or other drugs and maintain
a pattern of failure to report to prna:ion, treatment or judicial hearings. The
decision for revocation is made at the judicial review hearing through a vote by the
team. At the time of the final vote, the decision is based on the lack of honesty and
the unwillingness to be accountable following multiple relapses.
Regular alcohol/drug testing is a strong component in the program. During the first 60
days following entry into Sobriety Court, participants are tested daily for alcohol use
at JAMS (Jail Alternatives for MiChignn Services). They are also drug tested weekly at
the time they report to the probation officer. The testing cup provides the result while
the defendant is in the office. After 60 days, the testing requirement may be decreased
to five times weekly and after 90 days to four times weekly. In the Step-Down Phase,
participants must alcohol test three times weekly and drug test two times a month.
Defendants who have retained their driving privileges are required to have Ignition
Interlock installed. Those defendants are breath tested each time they start :heir car
and at intervals when they are driving. Many defendants have been breath tested over
3,000 times. Finally, at the time of police home visits, the defendant may be tested. The
judge is immediately notified of a failed drag test, an altered test or failure to test.
A failed test, altered test or no test is considered a Positive test and is sanctioned
with a jail sentence of one to three jail days; the length of incarceration is determined
at the team staffing. It should be noted that breath tests and urine screens conducted
at the Probation Department are free of charge to participants as long as they test
negative. In the Aftercare Phase, the defendant continues to be alcohol/drug tested
ATTACHMENT 2
STATEMENT OF WORK
following a protocol of a gradient reduction in testing. In this protocol, testing is
reduced from 6 random tests per month to 4 tests per month after three months. During the
final three months of the Aftercare Phase, testing is reduced to 2 times per month. Since
the testing is based on established guidelines and since there is a prompt response to
non-compliance, Sobriety Court meets Key Component #5.
A full range of treatment services is provided to the Sobriety Court participant. In
addition to PACE, the Central Diagnostic and Referral (CDR) service for Cakland County
residents, the court works with a multitude of private substance abuse agencies. When
Sobriety Court began in March 2001, many of cur treatment providers were invited to
participate. On Feb. 16, 20C1, a select group of treatment providers were invited to the
court for the purpose of introducing them to the principles of drug court. The treatment
providers agreed to cooperate with the drug court protocol and use standardized progress
reports and agreed to the full disclosure of information. Some treatment providers were
unable to comply with the required reporting requirements and chose not to have clients
in the program.. :n Sobriety Court we also work closely with two k Rouses, Seqdoia House
and Solutions to Recovery. In fact, the owner of each hou s e has been present at a number
of team meetings. Finally, to help solve the problems we have experienced with recovery
issues, the Sobriety Court team organized treatment provider meetings seeking the advice
of the therapeutic community. Early in the development of Sobriety Court, we experienced
a high failure rate with women. As a team, we found this and the overall relapse rate
to be unacceptable. The goal of the meeting was to explore this problem with the
treatment providers and to formulate a consistent programmatic response. Following that
meeting, the Sobriety Court team created a proeocol for sanctions following relapse.
Consequently, the modaleties of intensive outpatient substance abuse counseling and
domicile treatment in the three quarter house have been utilized with greater frequency.
For the female group, we had to make adjustments in the treatment referral process since
:sexual abuse, co-dependency and self-eseeem issues needed to addressed as part of
recovery. Dual diagnosis issues were also found to be more prevalent in the female
pareicibant group. In the aftercare population, the probation offices needed to be more
attentive to indicators of relapse, such as increasing anxiety, panic attacks and an
observable discomfort with the sober lifestyle. The Sobriety Court has net Key Component
Ill in the collaboration of treatment providers and justice system processing as well as
in the active involvement of the stakeholders in the planning, implementation and
eoneinuing development of the program. since tne sobriety Court can provide a full
continuum of treatment services, since treatment providers are committed to the drug
court concept and since treatment providers are responsible for changes in the treatmen:
plan while communicating with the intensive officer, Key Component #4 is being met.
Sobriety Court is organized on a team approach and is dependent on the collaboration of
the three Sobriety Court judges, a retreseneaeive of the office of the Prosecutor, three
Sobriety Court defense advisors, two intensive probation officers, one aftercare phase
probation officer, a coordinator, the treatment provider and the Sobriety Court law
enforcement officer. This group is present at the team staffing meeting which occurs in
chambers prior to the review hearing. Also, the team staffing is open to the individual
treatment providers, members of the Advisory Board, the staff of other courts and
interested public.
When this model was developed, by design, the role of the probation officers was
ATTACHMENT 2
STATEMENT OF WORK
strengthened and empowered. Consequently, in our model, the probation officer is the
pivotal partner in the staffine review and in the courtroom. In the review in chambers,
the probation officers suggest the order in which participants wili be spoken to by tne
judge. This order is based on success; the participant who is doing the best is called
firs:. Additionally, the probation officer is the primary source of information regarding
the defendant's progress or problems experienced in Sobriety Court. Each team member
questions or responds to the summary offered by the he probation officer. Further, in
the courtroom, the probation officer orally reports on the Participant's progress and
point status. The judge speaks to each individual personally and addresses some more
personal aspect of the progresss in recovery. The more personal comments are drawn from
the reveiw in chambers. The dominant role of the probation officer is also reflected by
their position at the side of the judge in the courtroom. They stand beside the judge in
the space used by the law clerk. The udge listens and responds to the defendant. Again,
the position of the probation officer who visits with the probation officer weekly is
strengthened. The judge, who meets with the participant monthly remains more of a coach
or mentor. The empowered role of the probation officer is a distinctive feature of our
Sobriety Court.
In August 2002, the 52nd District Court submitted to a process evaluation conducted by
Western Michigan University. The researchers documented their finding that Sobriety Court
was in compliance with the 10 Key Combonents of Drug Courts. Further., the evaluation
noted that the Judges have embraced the principles of the team approach in the assessment
of client progress and that all members of the team are encouraged and supported in
contributing to client discussions. In conclusion, the evaluator stated "the result is a
program that is enthusiastic in toe best sense: there is a commitment to each client but
also to the concept of the program and making it as good as it can be". The Sobriety
Court team participated in the Federal Drug Court Planning Initiative in 2001 and
observed the drug court models in Fredericksberg, Virginia, Albuquerque, New Mexico and
Phoenix, Arizona. Additionally, each segment of the team has been represented at all
conferences hosted by the Michigan Association of Drug Court Professionals. Finally, the
Coordinator and Sobriety Court judge have each attended an annual National Drug Court
Conference. In 2003, budget restrictions precluded most training opportunities. However,
the most recent addition to the team, a third defense advocate, attended the Michigan
Conference for Drug Court Professionals in February 2004. Additionally, the probation
officers attended two local seminars on drugs and drug testing. Since the team has been
encouraged to attend training and has particibated in training since the planning process
began in 1999, Sobriety Court meets Key Component #5.
There are three full time probation officers dedicated to Sobriety Court. The Sobriety
Court intensive probation officers act as the case manager and monitor the participant
throughout the nine-month program. The maximum caseload for the intensive phase is 70
defendants, with each intensive officer limited to 35 clients. The intensive probation
officer opens the Sobriety Court file, reviews the Participant Guide, Sobriety Court
Contract and the release of information and explains the rules and regulations regarding
home visits, testing, graduation and revocation. The initial referrals are made to
Ignition Interlock, JAMS, substance abuse counseling and other Programs. Participants are
drug tested each time they report to Probation and through an outside agency (JAMS) while
in the intensive phase of the program. In addition to the hour spent weekly with each
participant, the intensive probation officers provide some degree of advocacy for their
participants. However, the hour in the office is also needed to scrutinize the
ATTACHMENT 2
STATEMENT OF WORK
activities of their clients, looking for any indicators of use. Since Sobriety Court
participants tend to falsify AA documentation while in the beginning stages of the
program, the intensive officers take the time to verify the AA contact listed on the
sheet. When necessary, they are able to have fees or the cost of the Impact Weekend
reduced or waived. The third Sobriety Court probation officer has the primary
responsibility of monitoring the defendants who have graduated and have been placed in
the Aftercare Phase.
Once an individual has officially entered Sobriety Court, an assignment is made to one of
three defense attorneys who will represent them while they are in the Program. At the
time they enter the program, participants waive the right to counsel of their choice.
The three defense advisors alternate their- appearances at review hearings, therefore,
they represent all individuals in the grogram. The assigned prosecutor attends team
meetings and Co.f", sessions. The prosecutor verbalizes the input of his office when a
participant requires a sanction. The defense and prosecuting attorneys have demonstrated
a commitment to the program. They provide a focused judicial presence in the informal
team meeting and illustrate the commitment ot a non-adversarial approach. The Sobriety
Court team works as a team and handles the dual responsibility of protecting public
safety and promoting the rights of the participants. Since its inception, the team has
voted on sanctions or revocation and has never taken an action without a vote by the
majority. This meets Key Component #2 of Drug Courts.
The Sobriety Court coordinator attends to Sobriety Court. funding issues and formulates,
with the team, the policies and procedures that govern the program. The coordinator
oversees the administration of Sobriety Court and ensures that the drug court protocol is
followed. The program coordinator and staff oversee the collection of statistical data
and the coordinator provides reports as requested. Finally, the drug court coordinator
provides the quarterly reports to the funding unit.
The 52nd District Court-First Division has demonstrated its commitment to collaboration
with community resources with the creation of the Sobriety Court Advisory Board. The
board is composed of individual citizens, community leaders and community groups such as
Mothers Against Drunk Driving, Parents of Murdered Children the Traffic Improvement
Association and the police departments within the jurisdiction of the court. The first
meeting of the Advisory Board was held on August 10, 2001. The role of the Sobriety Court
Advisory Board is to advise the court, offer feedback from a community perspective and
provide a monitor for continuous improvement, On September 12 2001, the Sobriety Court
Executive Board was created to lead the board and help with the establishment of
sub-committees. In October 2002, the executive committee created a 501(c)3, which
permitted the executive board to establish a bank account and allowed for donations of
money and gifts to the program. The donations fund the rewards given CO participants at
the review hearings. During the past year, the Executive Board has worked with some
members of the subcommittees to help with graduation and fundraising. The President of
the Executive Board, Michelle Compton, Dlrector of the Oakland County chapter of Mothers
Against Drunk Driving has worked diligently, in her roe as President of the Sobriety
Court Executive Board, to help and promote Sobriety Court. Since Sobrety Court relies on
strong community collaboration and partnershigs as indicated by the wide range of
agencies involved in the Sobriety Court Advisory Board, Sobriety Court meets Key
Component #10,
ATTACHMENT 2
STATEMENT OF WORK
Sobriety Court began with a strong police component. Home visits began on Thursday April
15, 2001, funded by a $27,530 grant from the Traffic Improvement Association. Initially,
home visits were scheduled for Thursday evenings and Saturday, times when most defendants
commonly drink or may have a blood alcohol level. Currently, the court contracts with
the Walled Lake Police Department for a part time Sobriety Court police officer. The
officer is provided a defendant information form for all program participants. The form
contains a picture of the defendant and pertinent information about the defendant and
locations where the participant may be found. Such information is essential should an
immediate pickup on a bench warrant be orderd. The intensive officers may accompany the
officer on any home visit. Sobriety Court participants are advised at the Sobriety Court
orientation that police home visits may occur at any time. Defendants are instructed to
remove alcohol, drugs, or paraphernalia from the home. This rule, per the contract,
applies also to other residents in the home. The Sobriety Court coot tact allows for
unlimited visits and search of the home, Furtherr, the officer has the right to order
defendants to submit to breath testing. Yinally, the home visit protocol was created so
that the police officer and the probation offcers had procedural guidelines for a
consistent response to program violations. When the graduates speak of their experience
with the police component, they indicated unanimously that the police presence gave the
program credibility and was pivotal to their compliance and success in the program. Many
of the participants commented that the random intense scrutiny of those visits reinforced
their own efforts to be sober. For a short period of time in early winter, the court
operated without the benefit of the Sobriety Court officerr. During that period, the
infraction rate and the risk taking behaviors of participants were observed to increase.
The Sobriety Court police officer remains an asset to the program and its participants.
The officer has been continued through funding by the Byrne and State Court
Administrative grants of 2003-4.
The ultimate uoal of Sobriety Court is to end a defendant's recidivistic drunk driving by
ending their dependence on alcohol and other drugs and thereby increase public safety.
IL is generally known that billions of dollars are spent in the battle of alcohol abuse
and dependence. Based on the recidivism study conducted within the court prior to the
implementation of Sobriety Court and studies conducted nationally, we know that over one
third of those convicted of drunk driving will commit a second, third or subsequent
offense. It is also generally known that rue cost to the community in terms of serious
injury, high medical expenses, insurance costs, property damage, and increasing costs to
the courts is significant. Sobriety Court-. was created to monitor and rehabilitate this
group of high risk offenders.
Sobriety Court, since its inception, has Crirected itself to the repeat offender. Since
the program began, eight participants have recidivated with an alcohol related driving
offense. This reflects a recidivism rate of 3%. The specific goal of Sobriety Court is to
reduce the current drunk driving recidivism rate of 16% to under 10%. Based on this, it
is clear that Sobriety Court is meeting program goals,
Sobriety Court statistics are ken: in an Access database. Basic statistics on
enrollments in the program, phase level, graduations, terminations and recidivism can be
tracked. As part of the Byrne Grant of 2003, a drug court software program was chosen
and documented in the budget. However, once it is in full use, the Sobriety Court team
will have quick access to case management data without having to conduct a manual review
ATTACHMENT 2
STATEMENT OF WORK
of the files. Since the program had been in existence for over two years prier to the
introduction of the software, it has been labor intensive to backload the data. With
grant funding in 2003-4, the court contracted with Evaluation Associates and Consultants,
LLC. They are currently working with the team to create the means of data collection and
the processes that will support an independent process and outcome evaluation. This meets
Key Component #8.
Finally, since Sobriety Court participants represent the "worst of the worst", the cost
benefit study of this program is already positive. Each of the 262 participants, based
on their prior record and seriousness of the current offense, were candidates for
incarceration. In the majority of these cases, the probation investigator who conducted
the alcohol assessment made a recommendation for some period, if not maximum
incarceration. Given the high cost of a jail day, the number of jail days saved by the
70% successful program retention rate is significant. In addition, to jail days saved,
the program has allowed the participants to maintain emp l oyment and to remain with their
families in the community. As in all programs, it is impossible to measure the
intangible; what would have occurred it these defendants did not have the opportunity to
participate in Sobriety Court and learn the tools that promote a quality sobriety. It is
interesting to note that recent record checks of those participants who were revoked from
Sobriety Court and sentenced to lail nad a recidivism rate considerably lower than the
30% recidivism rate that characterizes this population.
It has become increasingly clear that a process and outcome evaluation is necessary as an
independent monitor of the program's performance and as a means for the team to work on
continuous improvement. Additionally, the process evaluation conducted by Western
Vichigan University strongly suggests that all drug courts build in the variables and
structure to measure program outcomes. 5inoe that time, we have contracted with an
independent evaluator to create the process to support an independent. evaluation. The
evaluator has put in place a basic evaluation plan which includes a timetable for data
collection. We expect the final report to be generated by Jan. 15, 2C05.
ATTACHMENT 3
PROGRAM BUDGET SUMMARY
BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT
FY 2004 - 2005
Prograir,- DM:. )repr1: Pal2e! Or:
Sobriety Court 4/12/2 0 04
( ulltiaclor 5inc, BUL111,:t PCI'i(Id:
_ County of Oakland 10/1/2004 - 9/30/2005
Mailing. Address: 3udget Ageement: Amendment Numbet:
1200 N. Telegraph Rd. nngin;i1 I I Amendmem
City! State: Z:p ? 'odc: Payee Fedelid 19 NumIlers
Pontiac VI 4 8 053 38-6004876
EXPENDITURE CATEGORY STATE FUNDS LOCAL MATCH TOTAL BUDGET
1.1Salaries and Wages $25,305 826,305 852,610
2, Fringe Benefits $10,427 810,427 $20,854
3. Travel
4, Supplies and Materials $13,250 813,250 $20, 500
5. Contractual (Subcontracts) $24,409 $24,40:7: $48,818
6. Eviprnent
7. Other Expenses
8. TOTAL DIRECT EXPENDITURES 774,391 $74,351 $148,782
9 Indirect Costs: 0 0,i, $0 $0 $0
—
0. TOTAL EXPENDITURES $74,391 $74,391 $142,782
SOURCE OF FUNDS STATE FUNDS LOCAL AIATCH TOTAL BUDGET
_
11. State Affeernent $74 , 391 $74 , 391
12. Fees and Collections $0 . $0
—
13. Local 074,391 574,391
14. Federal $0 $3
5, Other (s) $0 $0
16, TOTAL FUNDING 574,391 $74,392 $148,782
A1101(11.4: P. A. 368 of 1978
Completion; Is Vi.minti-y, but is required as a conmtion of fundinu.
Tile Der:Jr:mem (.4-Community I ccliii is an equal oppoininity employer.
service, and nan!rions pros ider.
DCII-0385(E) (Rev. 6-02) (Excel) Previous Edition ObA:lete A1,0 kemdc,::, NN-110
of 1 Page 1
$52,610:
[xi
AMOUNT
COMPOSI IF RATE
$20,854 TOTAL FRINGE BENEFITS
i,909 !-:,48,818
$0
ATTACHMENT 3 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM BUDGET COST DETAIL
PROGRAM I CODE BUDGET PERIOD DATE PREPARED
Sobriety Court I72085-3-C4-E 10/1/2004 to 9/30/2005 4/12/2004 7 :11 t
ORIGINAL BUDGET ' AMENDED BUDGET 1 AMENDMENT NUMBER
I
i 1. SALARY AND WAGS POSITIONS ' TOTAL COMMENTS REQUIRED SALARY
Sobliet Court Probation OffIcer i $3 9 ::,eill-it- .495%
_
$0. _
ce As n fi sisr,an: fo, daza etrv d $12 , 8101 i'l=7li 1:<,-ie 1:i tt. 9%
colie:2zior,
Ix
TOTAL SALARIES AND WAGES
2. FRINGE BENEFITS (specify)
Lii RCA X LIFE INS -,[71 DENTAL INS 0 UNEMPLOY INS. VISION INS. WORK COMP
X RETIREMENT HEARING INS.
IX I
HOSPITAL INS pi OTHER
3. TRAVEL (specify if any item exceeds 10% of Total Expenditures)
4. SUPPLIES AND MATERIALS (specify if any item exceeds 10% of Total Expenditures)
Drug test cups and standrd office .supplis 3, 30 13,n0
$
$26,500
5. CONTRACTUAL (SUBCONTRACTS)
NAME ADDRESS AMOUNT
Evaluation Associates and Ccn Drive Rochecrel: fliilc,
walld Lake P-'lace Deparzment Easu :aple Road; Post Office ;;01,9
6 EQUIPMENT (specify)
7. OTHER EXPENSES (specify if any item exceeds 10% of Total Expenditures)
8 TOTAL DIRECT EXPENDITURES (sum of Tctais 1-7)
$0
$148,782
9 INDIRECT COST CALCULATIONS
Rate 01
10, TOTAL EXPENDITURES (sum of lines 8-9)
$0
$148,782
COMPLETION IN A CONDITION OF FUNDING AUTHORITY: P.A. 368 of 1978 DC.-3386FY2002(E) (W) 6/2001
ATTACHMENT 4
PERFORMANCE / PROGRESS REPORT REQUIREMENT'S
A. The Contractor shall submit the following reports on the following dates:
Program reports must be downloaded from the ODCP wen site: www.michigan.gov/odcp, click
on: Law Enforcement, click on Forms. Reports are C;G:=: qmar:erly und must be attached to
the MAGIC Intelligrants System and submitted to the Offce of 1 -)ug Control Policy no
later than: January 20, 2005, April 20, 2005, July 20, 2005, an! October 20, 2005.
B. Any such other information as specified in Attachment 2 shall be oeveloped 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 Contract Number Page Of
Local Agency Name R-ogram Code
Street Address Report Period Date Prepared
Thru E Final
City, State, ZIP Code Agreement Period FE ID Number
Thru
Category Expenditures Agreement
Current Period Agreement YTD Budget 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. Loca!
13. Federal ..-1
14. Other _
15. Fees & Collections —
16. TOTAL FUNDING
CERTIFICATION: I certify that I am authorized to sign on bultalt of the local agency and teat this is an accurate statement of expencitures and collections for
the report penoc. Appropriate documentation is available one vv,I, be maintained for tne required period to support costs and receipts reportec.
' Authorized Signature Date The
Contact Person Name Telephone Number
Advance INDEX • PCA A OBI CODE: AMOUNT
Advance Outstanding
Advance Issued or Applied I
Balance 1
Message
Authority: PA. 368 of 1978 The Department uf Community Health is an equal opportunity,
Completion: is a Condition of Reimbursement employer, services, and p;oorarns provider.
DCH.0384(E) (Rev. 3/04) (VV) 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
reiated 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 pad 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 tne 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
ATTACHMENT 7
CERTIFICATIONS AND ASSURANCES (cont'd)
Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Assurances
The applicant hereby assures and certifies compliance with all Federal statutes, regulations,
policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128,
A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative
Agreements — 28 CFR, Part 66, Common Rule, that govern the application, acceptance and use
of Federal funds for this federally-assisted project. Also the applicant assures and certifies that:
1. It possesses legal authority to apply for the grant; that a resolution, motion or similar
action has been duly adopted or passed as an official act of the applicant's governing
body, authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with the application and to
provide such additional information as may be required.
2. It will comply with requirements of the provisions of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 P.L. 91-646, which provides for fair and
equitable treatment of persons displaced as a result of Federal and federally-assisted
programs.
3. It will comply with provisions of Federal law, which limit certain political actives of
employees of a State or local unit of government whose principal employment is in
connection with an activity financed in whole or in party by Federal grants. (5 USC 1501,
et seq.)
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 shail be
utilized in the accomplishment of the project are not listed on the Environmental
Protection Agency's (EPA) list of Violating Facilities and that A 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)
Federal Activities indicating that a facility to be used in the project is under consideration
for listing by the EPA.
9. It will comply with the flood insurance purchase requirements of Section 102 (a) of the
Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved
December 31, 1976, Section 102 (a) requires, on and after March 2, 1975, the purchase
of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for
use in any area that has been identified by the Secretary of the Department of Housing
and Urban Development as an area having special flood hazards. The phrase "Federal
financial assistance" includes any form of loan, grant, 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 AcIrnin ,strative 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 tne 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); Tite IX of the Education
Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-
•
ATTACHMENT 7
CERTIFICATIONS AND ASSURANCES (cont'd)
Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
14. In the event of a Federal or State court or Federal or State administrative agency makes
a finding of discrimination after a due process hearing on the grounds of race, color,
religion, national origin, sex or disability against a recipient of funds, the recipient will
forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs.
15. 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 (Pl. 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.
00T-07-2004 THU 09:49fiN * FAX NO, . P, 01
Michigan Supreme Court
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, MI 48909
non:: (517) 373-0130
John 0. Ferry, Jr,, State Court Administrator
September 13, 2004
Honorable William E. Bolle
Chief Judge
52nd District Court
Troy, MI 48084
Re: Michigan Drug Court Grant Program Award Notification — D52-1
2005 Grant Award Amount: $50,000
2005 Grant Period: October 1, 2004 — September 30, 2005
Dear Judge Bone:
As you are aware, the State Court Administrative Office (SCAO) administers the Michigan
Drug Court Grant Program, which provides limited funding for planning, implementation or continued
operation of local drug court programs in Michigan. In addition, the Office of Drug Control Policy
(ODCP) provides funding from the Byrne Memorial Foundation to implement drug courts. In an effort
to coordinate these funding sources for drug court programs, the SCAO and the ODCP utilized the
application for Byrne Memorial Foundation funds to determine total program awards.
You have received notification of an award from the Office of Drug Control Policy for the
Byrne Memorial Foundation Funding beginning October 1, 2004. We are pleased to inform you that in
addition, your court has been awarded a grant in the amount of $50,000 from the Michigan Drug Court
Grant Program also beginning October 1, 2004.
A copy of the Michigan Drug Court Grant Program contract will be sent to the project contact
that your court has identified on your grant application. Budget documents and budget detail forms will
also be included with the contract to be resubmitted to SCAO and must reflect the IiMCGP and -Byrne award amount_
If you have any questions regarding this award or our program, please contact Dr. Phyllis Zold-Kilboum at (517) 373-5596.
Sincerely, ttlerA.4f
6fAa
Dawn A. Monk
Deputy State Court Administrator
cc: John D. Ferry, Jr.
Phyllis Zold-Kilbourn
Deborah Green, Regional Administrator
Patricia Crane, Project Director/Contact
Michelle L Bilger, Court Administrator
FISCAL NOTE (MISe. #04322) November 18,2004
BY: FINANCE LOMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: 52-1 DISTRICT COURT - FY 2005 BYRNE GRANT PROGRAM - FROM THE MICHIGAN
OFFICE OF DRUG CONTROL POLICY - CONTRACT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The 52'd District Court, Division I (Novi) has received a grant
from the Michigan Department of Community Health, Office of Drug
Control Policy in the amount of $74,391.
2. The contract award and total program funding is for $148,782,
including $74,391 (50 96) in State funds and $74,391 (50%) in Local
match.
3. The Local match of $74,391 (50%) is met by the 2005 SCAO grant,
which requires $4,959 of required cash match from the General
Fund.
4. If the SCAO grant used as match for the Byrne Grant is not
awarded, the Drug Court Program expenditures must be reduced to
the level of the Byrne Grant awarded.
5. The grant award includes the continued funding of one (1) Special
Revenue full-time eligible (FTE) Probation Officer I position
(#32205-09903) and the creation one (1) PTNE Office Assistant I
position.
6. The grant period is from October 1, 2004 through September 30,
2005.
7. An amendment is recommended to the FY 2005 Budget as follows:
Special Revenue Fund 279 FY 2005
Revenue
1-32-279-100303-28000-0171 Grants-State $ 74,391
Expenditures
2-32-279-200303-28000-2001 Salaries $ 26,305
2-32-279-200303-28000-2075 Fringe Benefits 10,427
2-32-279-200303-28000-2560 Consultant 24,409
2-32-279-200303-28000-4156 Lab. Supplies 13,250
$ 74,391
0
FINANCE COMMITTEE
(1/-tc:/(
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #04322 November 18, 2004
Moved by Wilson supported by Hatchett the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coleman, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law,
Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Webster, Wilson, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
.1n••nn
I HEREBY APPROVE THE FOREGOING SOLUTION
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
November 18th, 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 18th day of November, 2004.
.4/
G. William Caddell, County Clerk