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HomeMy WebLinkAboutResolutions - 2005.12.08 - 27810December 8, 2005 REPORT (misc. #05291) BY: PERSONNEL COMMITTEE, GREGORY C. JAMIAN, CHAIRPERSON RE: 52ND DISTRICT COURT, DIVISION I — 2006 MICHIGAN DRUG COURT PROGRAM CONTINUATION (SCAO) GRANT ACCEPTANCE TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on November 30, 2005 Reports to the Board with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on unanimous roll call vote with Rogers, Hatchett and Nash absent. MISCELLANEOUS RESOLUTION RESOLUTION #05291 December 8, 2005 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: 52 nd DISTRICT COURT, DIVISION I - 2006 MICHIGAN DRUG COURT PROGRAM CONTINUATION (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52'd District Court, Division I (Novi) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2005 through September 30, 2006; and WHEREAS the application requested total program funding in the amount of $79,189 of which $35,000 is awarded by SCAO, $30,000 is received from the Byrne Memorial Grant, required cash matching funds of $2,333 and carry forward of unspent calendar year 2005 funds of $11,856; and WHEREAS total SCAO funding of $49,189 serves as the required matching funds for the Byrne Memorial Grant, and the Byrne Memorial Grant serves as the match for the SCAO grant; and WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS this grant continues funding for one (1) special revenue full- time eligible Probation Officer I position (3020205-09903) in the Probation Unit, partially funded by the Byrne grant award of FY 2006, to provide administrative support, intensive probation supervision and frequent alcohol testing of defendants. Also, this contract no longer funds one (1) PTNE Office Assistant I position (3020205-10315) previously joint funded, which was deleted with the acceptance of the FY 2006 Byrne grant; and WHEREAS other program costs include testing supplies; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrative Office (SCAO), Michigan Drug Court Program Grant, in the amount of $35,000, along with the County cash match requirement of $2,333 and the carry forward of unspent calendar year 2005 funds of $11,586. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of that year's grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that one (1) full-time eligible special revenue Probation Officer I position (3020205-09903) be continued, and (1) Office Assistant I position (3020205-10315) is no longer funded and was deleted with the acceptance of the FY 2006 Byrne grant (Misc. Resolution #04322). Public Services Committee Vote: Motion carried on a roll call vote with Gregory absent. BE IT FURTHER RESOLVED that no positions may be filled nor expenditures authorized until a grant agreement is fully executed with the County's obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of the position associated with this grant is contingent upon continuation of State funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Prentiss Malone, Jr. From: Greg Givens [givensg@co.oakland.mi.us] Sent: Monday, October 31, 2005 2:09 PM To: Doyle, Larry; Crane, Patricia; Malone, Prentiss Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam Subject: GRANT REVIEW — 52-1 District Court / Novi / SCAO GRANT REVIEW - 52-1 District Court / Novi GRANT NAME: FY 2006 Michigan Drug Court Program / 52-1 Sobriety Court FUNDING AGENCY: Michigan State Court Administrative Office (SCAO) DEPARTMENT CONTACT PERSON: Patricia Crane / 248/305-6453 STATUS: Acceptance DATE: October 31, 2005 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the comments returned by review departments. Please note the comments from Corporation Counsel. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Department of Management and Budget: Approved.- Laurie Van Pelt (10/25/2005) Department of Human Resources: Approved. Needs to come to Personnel Committee - deletion of OA position. - Nancy Scarlet (10/25/2005) Risk Management and Safety: Approved By Risk Management - Julie Secontine (10/29/2005) Corporation Counsel: Upon review of this grant contract, there do not appear to be any unresolved legal issues that require additional action at this time. However, as I am noting in my review of all the SCAO drug court grants, the SCAO has rewritten several sections of this Contract and added additional requirements with which the Court must comply. These all appear to be new, standard requirements since they are appear in all of the 2005-2006 SCAO drug or sobriety court contracts that I am reviewing. I would like to highlight them briefly and recommend that each court review the 2005-2006 contract because some of the changes may require minor modifications in reporting and other operating procedures. 1. The contract specifically requires compliance with the drug treatment court statute, 2004 PA 224. 2. The contract imposes an obligation to operate according to the ten key components of drug courts. (previously, the obligation was to operate in compliance with the key components of drug courts.) 3. The contract has very specific language that prohibits the contractor from supporting any inherently religious activities that are non-federally funded and requires that comparable secular alternatives must be available for those who object to religious activities. 4. The 5% cash match must come from local funds and cannot include federal or state dollars. 5. All subcontracts must be submitted to SCAO for review and approval 1 before they are exetuted.' 6. All research involving human subjects must be submitted to the Michigan Department of Community Health's Institutional Review Board (IRB) for approval before the research is initiated. 7. The contract imposes new confidentiality requirements on the use of medical record information and requires compliance with HIPAA --to the extent that the statute applies. 8. The contract imposes new penalties for late reporting. 9. The contract gives SCAO the right to reduce future payments if it discovers earlier over-payments. 10. The contract clarifies termination processes. Again, I do not see a problem with these changes, but think it is important for everyone to be aware of them. - Karen Agacinski (10/31/2005) Feb-06-01 0116P mackanzie • FE3-CS-C1 72:47 rall:SLAO CENTRAL 248-305-9747 P . 5173722112 • ' 7-420 PM/02 Jr4-111 Michigan SuprimeCourt State Court AdntiniStrative Office P.O. Sax Lansing. Went -mu )sen D. Ireemir.. tor CauO Aeuiathasuar . •February 2001 Honorable Brian MacKenzie 52" District Court 42/50 Grand River Ave. Novi. MI 48374-1222 . Dear Judge MacKenzie: Pursuant to our conversation this .. ;,.. ' . :: rcgarding the Michigan Drug Court Grant Program, I am providing information concerning • • urance #4 in the application materials. . . The assurances inchttled in the 14c:higan Drug Court Grant application materials are the same as the as=rances required to apply for and I apt federai program funding for drug court thitcc prevents. Assurance #4 culls for the applicant provide ussurPnce of a program's bagrg to continue funding whether that be from local, o state, or federal sources of fimding. The lvfichigan Drug Court Grant Program is a atete-ar iviniarecl program funded with limited general fund dollars. The fiutding is intended to assist in developing and intplementing new programs and provide limited support to coulinuing programa. h is, however, the program's responsibility to erventuany seek adaitioual sources of rundins.lt.This should not be construed as A mandate for future funding of a program from the fUnding um If you have any Anther questions, please Cora= me. Si= <71. De*rn A. Monk Deputy St= COWL A.artlilliStratin n MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2006 GRANT CONTRACT 52-1 District Court Contractor 38-6004876 Federal ID Number SCAO-2006-034 SCAO Grant Number $35,000 Grant Amount 2004 PA 224, effective January 1, 2005, authorizes the creation of drug treatment courts in circuit and district courts and the family division of circuit court in Michigan. In addition, 2005 PA 149, effective October 1. 2005, provides funding for the Michigan Drug Court Grant Program (MDCGP) for FY 2006. This program is administered by the State Court Administrative Office (SCAO). The purpose of the MDCGP is to provide funding assistance to trial courts to help with planning new drug courts, implementing both new and existing drug courts, and continuing funding for drug court programs no longer eligible to receive federal funding. Funds from the MDCGP are awarded to contractors conditioned upon Contractor's agreement to comply with 2004 PA 224, the policies and procedures set forth in the application guidelines and administrative requirements for the program and this grant contract. Michigan Drug Court Grant Program - 2006 Page 2 1. Contract This contract incorporates Contractor's approved grant request and final approved budget. 2. Contract Administration The State Court Administrator or his agent shall have full authority to act for the grantor in the administration of this contract consistent with the following provisions. 3. Term of Contract This contract shall be effective upon the signature of the State Court Administrator or Deputy State Court Administrator, and the signature of Contractor's authorizing official and chief judge. The contract shall commence October 1, 2005, and shall terminate on September 30, 2006, unless terminated earlier. Funding under this contract does not guarantee future funding from the MDCGP. 4. Contract Funding Upon approval of Contractor's application and signing of this contract, SCAO agrees to provide funding from MDCGP in an amount not to exceed the amount of the grant contract. In no event does this contract create a charge against any other funds of SCAO or the Michigan Supreme Court. 5. Conduct of the Project A. Contractor shall abide by all terms and conditions required by the grant application guidelines. budget requirements, and Contractor's approved program outline and budget. Contractor must obtain prior approval from SCAO before any program or budget changes are implemented during the grant period. Michigan Drug Court Grant Program - 2006 Page 3 B. Contractor shall operate its drug court project in accordance with the Ten Key Components of drug courts as outlined in the application guidelines. C. Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. D. Contractor agrees that funds awarded under this grant will not be used to support any inherently religious activities, such as worship, religious instruction, or proselytization. If Contractor refers participants to, or provides, a non-federally funded program or service that incorporates such religious activities: (1) any such activities must be voluntary for program participants, and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non-federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program participants, Contractor agrees to identify and refer participants who object to the inherently religious activities of such program or service to, or provide, a comparable secular alternative program or service. 6. Cash/In-Kind Match For courts receiving first- or second-year funding from the MDCGP, the state share of the grant project may not exceed seventy-five percent (75%) of the total SCAO project cost. At least twenty-five percent (25%) of the total project cost is a required match and must come from a combination of local cash, in-kind, or other sources. Cash contributions must constitute at least five percent (5%) of the total project cost. Cash contributions must be local cash and cannot include federal or state dollars. For courts receiving third-, 3 Michigan Drug Court Grant Program - 2006 Page 4 fourth-, or fifth-year funding, the state share of the project may not exceed sixty percent (60%) for the third year, with a required 40% match of which 10% must be cash; fifty percent (50%) for the fourth year, with a required fifty percent (50%) match of which fifteen percent (15%) must be cash; and forty percent (40%) for the fifth year, with a required sixty percent (60%) match of which twenty percent (20%) must be cash. 7. Assignments and Subcontracts All provisions and requirements of this contract shall apply to any subcontracts or agreements Contractor may enter into in furtherance of its obligations under this contract. Contractor shall provide copies of all subcontracts for services funded in whole or in part by this grant to the SCAO for review and approval prior to entering into a subcontract agreement and shall be responsible for the performance of any subcontractor. 8. Human Subjects Contractor must submit all research involving human subjects conducted in programs sponsored by SCAO, or in programs that receive funding from or through the State of Michigan, to the Michigan Department of Community Health's (MDCH) Institutional Review Board (IRB) for approval prior to the initiation of the research. 9. Confidentiality Both SCAO and 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 4 Michigan Drug Court Grant Program - 2006 Page 5 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. 10. Health Insurance Portability and Accountability Act and 42 CFR Part 2 To the extent that this act and these regulations are pertinent to the services that Contractor provides to SCAO under this agreement. Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2 requirements including the following: A. Contractor must not share any protected health or other protected data and information provided by SCAO or any other source that falls within HIPAA and/or 42 CFR Part 2 requirements, except to a subcontractor as appropriate under this agreement. B. Contractor must require the subcontractor not to share any protected health or other protected data and information from SCAO or any other source that falls under HIPAA and/or 42 CFR Part 2 requirements in the terms and conditions of the subcontract. C. Contractor must only use the protected data and information for the purposes of this agreement. D. Contractor must have written policies and procedures addressing the use of protected data and information that falls under the HIPAA and/or 42 CFR Part 2 requirements. The policies and procedures must meet all applicable federal and state requirements including HIPAA and 42 CFR Part 2 regulations. These 5 • le Michigan Drug Court Grant Program - 2006 Page 6 policies and procedures must include restricting access to the protected data and information by Contractor's employees. E. Contractor must have a policy and procedure to report to SCAO unauthorized use or disclosure of protected data and information that falls under the HIPAA and/or 42 CFR Part 2 requirements of which Contractor becomes aware. F. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Section 20. Termination. G. In accordance with HIPAA and/or 42 CFR Part 2 requirements, Contractor is liable for any claim, loss, or damage relating to unauthorized use or disclosure of protected data and information received by Contractor from SCAO or any other source. 11. Independent Contractor Status A. Both parties to this contract will be acting in an independent capacity and not as an agent, employee, partner, joint venturer, or associate of one another. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose. B. Contractor understands and agrees that all persons furnishing services pursuant to this contract are. for purposes of workers' compensation liability or other actions of employee-related liability, not employees of SCAO or the Michigan Supreme Court. Contractor bears the sole responsibility and liability for furnishing workers' compensation benefits to any of its employees for injuries arising from or connected with services performed pursuant to this contract. 6 • t Michigan Drug Court Grant Program - 2006 Page 6 policies and procedures must include restricting access to the protected data and information by Contractor's employees. E. Contractor must have a policy and procedure to report to SCAO unauthorized use or disclosure of protected data and information that falls under the HIPAA and/or 42 CFR Part 2 requirements of which Contractor becomes aware. F. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Section 20. Termination. G. In accordance with HIPAA and/or 42 CFR Part 2 requirements, Contractor is liable for any claim, loss, or damage relating to unauthorized use or disclosure of protected data and information received by Contractor from SCAO or any other source. 11. Independent Contractor Status A. Both parties to this contract will be acting in an independent capacity and not as an agent, employee, partner, joint venturer, or associate of one another. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose. B. Contractor understands and agrees that all persons furnishing services pursuant to this contract are, for purposes of workers' compensation liability or other actions of employee-related liability, not employees of SCAO or the Michigan Supreme Court. Contractor bears the sole responsibility and liability for furnishing workers' compensation benefits to any of its employees for injuries arising from or connected with services performed pursuant to this contract. Michigan Drug Court Grant Program - 2006 Page 7 12. Indemnification Each party to this contract will remain responsible for any claims arising out of that party's performance of this contract as provided by the terms of this contract or applicable law. This contract is not intended to increase or decrease either party's liability for, or immunity from, legal claims. This contract is not intended to, nor will it be interpreted as, giving either party hereto a right of indemnification, either by contract or by law, for claims arising out of the performance of this contract. 13. Debarment and Suspension Contractor may not contract with or make any award of the SCAO drug court grant funds at any time to any party that has been debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." 14. Acquisition, Accounting, Record Keeping, and Inspection A. Contractor agrees that all expenditures from this contract, including the acquisition of personnel services, contractual services, supplies, and equipment, shall be in accordance with (1) the standard procedures of Contractor's unit of government and (2) the administrative and budget requirements of MDCGP. B. Contractor agrees to maintain accounting records following generally accepted accounting principles for the expenditure of funds for the purposes identified in the approved grant request, final approved budget, and any applicable approved contract addendum and/or budget amendment. C. Contractor agrees that the Michigan Supreme Court, State Court Administrative Office, the local government audit division of the Michigan Department of 7 Michigan Drug Court Grant Program - 2006 Page 8 Treasury, the State Auditor General, or any of their duly authorized representatives, including program evaluators and auditors, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, books, accounts, data, time cards. or other records related to this contract. Contractor shall retain all books, records, including all pertinent cost reports, accounting and financial records, or other documents related to this contract, for five (5) years after final payment at Contractor's cost; federal and/or state auditors, and any persons duly authorized by SCAO, shall have full access to and the right to examine and audit any of the materials during the term of this contract and for five (5) years after final payment. If an audit is initiated before the expiration of the five-year period, and extends past that period, all documents shall be maintained until the audit is complete. SCAO shall provide audit findings and recommendations to Contractor. SCAO may adjust future or final payments if the findings of the audit indicate over- or under-payment to Contractor for the period audited, subject to the availability of funds for such purposes. If an audit discloses an overpayment to Contractor, Contractor shall immediately refund all amounts that may be due SCAO. Failure of Contractor to comply with the requirements of this section shall constitute a material breach of this contract upon which the State Court Administrative Office may cancel, terminate, or suspend this contract. D. Contractor's accounting system must maintain a separate fund or account that segregates MDCGP contract receipts and expenditures from other receipts and expenditures of Contractor. 8 Michigan Drug Court Grant Program - 2006 Page 9 15. Accountability for Michigan Drug Court Grant Program Funds Contractor agrees that it will not expend funds obtained under this contract for any purpose other than those authorized in the administrative requirements and specified in the grant application and revised approved budget for the Michigan Drug Court Grant Program, and will expend grant funds only during the period covered by this contract unless prior written approval is received from SCAO. 16. Program Review and Monitoring Contractor shall give SCAO and any of its authorized agents access to the drug court at any reasonable time to evaluate, audit, inspect, observe, and monitor the operation of the program. The inspection methods that may be used include, but are not limited to: on- site visits; interviews of staff and drug court participants; and review of case records, receipts, monthly/quarterly statistical reports, and fiscal records. 17. Reports Contractor agrees to provide reports as identified in the application guidelines and administrative requirements for the Michigan Drug Court Grant Program to SCAO as follows: A. Financial Reports Financial reports are due quarterly, one month following each quarter of the fiscal year, with the exception of the 4th quarterly report which will be due October 10, 2006, in order to meet fiscal year-end reporting requirements. The financial quarterly reports will be due by January 31, 2006; April 30, 2006; July 31, 2006; and October 10. 2006. SCAO will provide copies of the financial report forms upon request. 9 Michigan Drug Court Grant Program - 2006 Page 10 B. Progress Reports Progress reports are due semi-annually. The reports will be due on April 30, 2006. and October 20, 2006. The progress reports will list the drug court program's goals and objectives, detail the status of accomplishments for each goal and objective, discuss any changes in the program's goals and objectives as set forth in the application for grant funding, and describe program activities during the reporting period. The final report must provide a summary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award. C. Drug Court Contractor Data Reporting All drug court recipients of implementation and continuation funding are required to submit to SCAO on a quarterly cycle the "Drug Court Data Collection Report." The quarterly reports will be due January 31, 2006; April 30, 2006; July 31, 2006; and October 20, 2006. Should a Contractor awarded funds for planning purposes become operational during the contract period, Contractor will be responsible for submitting the appropriate quarterly program reports for the quarter immediately following program implementation as required above for courts receiving implementation funding. Contractor is responsible for obtaining the appropriate quarterly report forms. D. Reporting Compliance Contractor is responsible for the timely submission of each required report as outlined in sections A. B. and C above. If any report is thirty (30) days past the due date, a delinquency notice will be sent out via email notifying courts that they have fifteen (15) days to comply with the reporting requirement. Forty-five (45) days past the due date, a forfeiture notice will be 10 Michigan Drug Court Grant Program - 2006 Page 11 sent out to courts via the U.S. Postal Service notifying them that their funding award has been rescinded due to contract noncompliance. E. Grant Funding Reallocation SCAO retains the right to reallocate grant funding if ongoing progress is not being made toward achieving the program's goals and objectives and/or in the implementation of the drug court grant project as defined in the approved grant request. Reimbursement for grant costs and/or future funding may be withheld or denied if any of the required reports in this section are delinquent or received thirty (30) days past their due date. 18. Reimbursement A. Method Contractor will be reimbursed in accordance with the staffing grant reimbursement method as follows: Reimbursement from SCAO is based on the understanding that SCAO funds will be paid up to the total SCAO allocation as agreed to in the approved budget. SCAO funds are first source after the application of fees and earmarked sources unless a specific local match condition exists. B. All Contractors should sign up through the online vendor registration process to receive all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits. Registration information is available through the Department of Management and Budget's web site at: http://www.cpexpress.state.mi.us . 19. Budget Modification Adjustments in expenditures up to $1,000 within line item categories in the approved budget and transfers up to $1,000 between line item categories in the approved budget 11 Michigan Drug Court Grant Program - 2006 Page 12 may be made without the prior written approval of SCAO. Requests for adjustments in expenditures within line items and between line item categories exceeding $1,000 must be made using a Budget Amendment Request form which can be obtained from SCAO. 20. Funding Hold or Termination SCAO may, at its election, place a funding hold on contracted amounts not yet disbursed, or terminate this contract if it concludes that Contractor is not in compliance with the conditions and provisions of this grant contract, the grant application guidelines and administrative requirements, or the budget requirements of the MDCGP. SCAO may extend an opportunity for Contractor to demonstrate compliance. Notification of a funding hold or termination will be in writing. 21. Agreement Termination SCAO may cancel this agreement without further liability or penalty to SCAO for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. 12 Michigan Drug Court Grant Program - 2006 Page 13 C. This agreement may be terminated immediately if Contractor, an official of Contractor, or an owner is convicted of any activity referenced in Section 13 of this agreement during the term of this agreement or any extension thereof. D. This agreement may be terminated immediately without further financial liability to SCAO if funding for this contract becomes unavailable to SCAO. 22. Conflict of Interest Contractor and SCAO are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq., MSA 4.1700(51) et seq., and 1973 PA 196, as amended, MCL 15.341 et seq., MSA 4.1700 (71) et seq. 23. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any litigation arising as a result of this agreement shall be resolved in courts of the State of Michigan. Authorized By: State Court Administrative Office Date Acceptance by Contractor: Authorizing Official (Signature and Title) Date Chief Judge (Signature) Date Drug Court Judge (Signature) Date 13 • FISCAL NOTE (MISC. #05291) December 8, 2005 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: 52nd DISTRICT COURT, DIVISION I - 2006 MICHIGAN DRUG COURT PROGRAM CONTINUATION (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 52'd District Court, Division I (Novi) has received a grant from the State Court Administrative Office (SCAO), Michigan Drug Court Program, for the period of October 1, 2005, through September 30, 2006. 2. The award from SCAO is for $35,000 requiring $2,333 in County cash match, and carry forward funding of $11,856 from the 2005 calendar year SCAO grant, for a total SCAO program funding of $49,189. 3. This is the fourth year of grant funding for the 52-1 Novi Drug Court program, and is matched by funds from the Byrne Memorial Grant in the amount of $30,000. 4. The required SCAO cash match is budgeted in the 52-1 District Court budget. 5. A budget amendment is recommended to reappropriate the Senate Bill 470 designation of $5 of the Filing Fees/DCU revenue into a new account (#630565), titled as Drug Court Funding. 6. The grant includes continued funding for one (1) special revenue, full-time eligible Probation Officer I position (#3020205-09903) to provide administrative support, intensive probation supervision and frequent alcohol testing of defendants. 7. The grant no longer provides funding for one (1) new Office Assistant I position (#3020205-10315), which was deleted by the Byrne grant acceptance (Misc. Resolution #05271). 8. The new SCAO grant award also funds $22,173 of operating supplies, equipment and incentives, for a total SCAO grant funded budget of $49,189. 9. In addition to the County match requirements, the County is expected to incur administrative and support costs of $2,258 for FY 2006, which has been included in the FY 2006 budget. This grant does not allow for recovery of those costs. 10. A budget amendment is recommended as follows to recognize continued funding from the SCAO, 52-1 District Court Drug Court grant, and to budget for the Drug Treatment Court Fee revenue created by Senate Bill 470: General Fund 10100 Revenues 3020201-121020-630721 Filing Fees/DCU 3020201-121020-630565 Drug Treatment Court Fee 3020201-113290-631596 Probation Fees Expenditures 3020201-121020-730800 Grant Match FY 2006 ($ 40,000) 40,000 2,333 $ 2,333 $ 2,333 $ 2,333 Special Revenue Fund 27160 Revenues 3020201-121050-620467 Grant Match $ 2,333 3020201-121050-615571 Grants-State 46,856 $ 49,189 Expenditures 3020201-121050-702010 Salaries $ 19,545 3020201-121050-722740 Fringe Benefits 7,471 3020201-121050-750280 Lab. Supplies 22,173 $ 49,189 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Melton and Woodward absent. FINANCE COMMITTEE 4 .44 I HEREBY APPROVE fOREGONG RESOLUTION *11±1-e191Rut1444,44n ri. County CII RuT144464441ri, oounty Clerk Resolution #05291 December 8, 2005 Moved by Gregory supported by Douglas the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, Kowall, Long, Melton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard, Coulter. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda, as amended, were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 8, 2005, 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 8th day of December, 2005.