HomeMy WebLinkAboutResolutions - 2005.12.08 - 27811MISCELLANEOUS RESOLUTION #05292 December 8, 2005
BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON
IN RE: 52 nd DISTRICT COURT, DIVISION II - 2006 MICHIGAN DRUG COURT PROGRAM
GRANT CONTRACT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the 52nd District Court, Division II (Clarkston) 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 funding in the amount of
$95,299 of which $50,000 is grant funding, $36,535 of required general fund
matching dollars, and carry forward of unspent calendar year 2005 funds of
$8,764; and
WHEREAS adjustments were made to the program budget to operate within
the funding received; and
WHEREAS this is the second year of grant funding for the 52-2 Clarkston
Drug Court program, and is a stand-alone grant with no Byrne matching funds;
and
WHEREAS this drug court was instituted 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 initial funding will provide continuation funding for one (1)
special revenue, full-time eligible Probation Officer II position (3020305-
10317) in the Probation Unit to provide intensive probation supervision and
frequent alcohol testing of defendants; and
WHEREAS other program costs include professional services, travel and
conference, and testing supplies; and
WHEREAS the cash match funding of $36,535 for this program is required
by SCAO, and is available in the general fund. Alternative sources to fund
this requirement have been initiated; 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 $50,000, with a County Match
requirement of $36,535 and carry forward dollars of $8,764 for total funding
of $95,299.
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 one (1) special revenue, full-time eligible
Probation Officer II position (3020305-10317) be continued in the 52-2
District Court Probation Unit, and other related program costs including
professional services, travel, and testing supplies.
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 grant application
Public Services Committee Vote:
Motion carried on a roll call vote with Gregory absent.
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 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:
Sent:
To:
Cc:
Subject:
Greg Givens [givensg@co.oakland.rni.us ]
Monday, October 31, 2005 2:33 PM
Doyle, Larry; Rupe, Sharon; Malone, Prentiss
Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel,
Nancy; Johnston, Brenthy; Worthington, Pam
GRANT REVIEW — 52-2 District Court / Clarkston / SCAO
GRANT REVIEW - 52-2 District Court / Clarkston
GRANT NAME: FY 2006 Michigan Drug Court Program / 52-2 Sobriety Court
FUNDING AGENCY: Michigan State Court Administrative Office (SCAO)
DEPARTMENT CONTACT PERSON: Sharon Rupe 248/625-4999
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 (10/26/2005)
Department of Human Resources:
Approved. - 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 executed.
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
(10/28/2005)
Feb -06 -01 01:1P mckanzie
FED-DS-CI 12:47 frae:SCAC CENTRAL
248-305-9747 P . 02
5172732132 • , - ,7-420 P.D2/02 Jab-ill
MichiganSuprimeCourt
State Court Adrainisitrative Office .
tiax
Lansing. Michigan 411D0D
• Phone (517) 373-013U
pert D. Feerpjr..5aue Cauki Admietbizater
•February 2001
Honorable Brian 114aelCserthe
52" District Court
42150 Grand River Ave.
. Novi, MI 48374-1222 .
Dear Judge MatiCzeziat
Pursuant to our conversation this ,...... ' . ..., regarding the Kohigan Drug Court Grant
Program, I am providing information concerning • - urance #4 in the application materials.
The assurances includzd in the Kohigan Drug Court Grant application materials are the
same as the assurances requfred to apply for and apt fcclicral program funding for drug court
programs. Assurance #4 calls for the applicant provide assurance of a program's In= to
continue funding whether that he from local, o state, or federal sources of funding. The
thitcc
Michigan Drug Court Grant Program is a state-arrapriated pnviarn funded with lit:sited if eneml
fund dollars. The funding is intended to assist in developing and implementing rsmv programs
and provide limited support to continuing programs. It is, however, the program's reaportaibility
to eventually teak additional sources of funclins. jt,This should not be construed as a mandate for
future funding of a program from the fkmding uns
If you have any Anther questions, please eon= me. •
MEMO
TO: Prentiss Malone, Financial Analyst
FROM: Greg Givens, Fiscal Services
DATE: October 24, 2005
RE: 52-2 District Court / Clarkston FY 2006 Michigan Drug Court
Program / 52-2 Sobriety Court Program
Please be advised I am sending to you the above referenced grant contract. Today these
materials went into contract review. Please coordinate with your operating department in
putting together the appropriate grant package which should include: - a Board of
Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance
Committee Fiscal Note, and the final email from me containing grant review comments.
I will forward to you the full review information when it is returned by the review
departments. At that point we can work together in getting the grant materials to the
operating departments to request the grant materials to be placed on the appropriate
Board of Commissioners' committee(s) for grant acceptance by Board resolution.
For our internal review, please also identify if any match requirement is already included
in the budget and, if so, what that account number is within the budget. Also please
identify if the match percentages have either stayed the same, increased, or decreased.
Time Frame: November 10, 2005
Thanks — call if questions / 84057.
i
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Nancy Scarlet — Julie Secontine —
Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — 52-2 District Court / Clarkston
FY 2006 Michigan Drug Court Program / 52-2 Sobriety Court Program
Michigan State Court Administrative Office (SCAO)
Please be advised the above mentioned grant information was put into contract review
today. A hard copy of these materials has been sent to you for review. Please provide
your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or
DISAPPROVAL, with supporting comments, via reply (to all) of this email.
Time Frame for Returned Comments: November 10, 2005
GRANT INFORMATION
Date: October 24, 2005
_Operating_Department _52-2 District
Department Contact: Contact: Sharon Rupe
Contact Phone: 248-625-4999
Other ID Number: SCAO-2006-035
REVIEW STATUS: Acceptance — Resolution Required
Funding Period: October 1, 2005 through September 30, 2006
New Facility / Additional Office Space Needs: None
IT Resources (New Computer Hardware / Software Needs or Purchases): None
Funding Continuation/New: Continuation
Application Total Project Amount: $86,535
Prior Year Total Funding: $75,482
New Grant Funded Positions Request: None
Changes to Current Positions: Continuation of position # 10317
Grantor Funds: $50,000
Total Budget: $86,535
Match and Source: $36,535. Matching funds are from the District Court continuation of
sobriety court cost fees.
PROJECT SYNOPSIS
The 52-2 District Court operates a Sobriety Court Program, based upon the National
Drug Court model. The program targets high-risk repeated drinking and driving
offenders, and places them in intensive supervision and treatment. Frequent judicial
interaction and application of incentives and sanctions creates abstinence from alcohol
and drug use, thus decreasing recidivism among this high-risk population.
MICHIGAN SUPREME COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN DRUG COURT GRANT PROGRAM
2006
GRANT CONTRACT
52-2 District Court
Contractor
38-6004876
SCAO-2006-035
$50,000
Federal ID Number
,SCAO Grant Number
—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.
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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: (I) 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-,
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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
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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
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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.
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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
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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.
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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.
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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
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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.cbexpress.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
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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 teiminated 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.
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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
SCAO Grant Request $49,999.90
SCAO Match - Local Cash (Minimum 5% of SCAO Giant Budget) $36,535.20
SCAO Match - Other Funding Sources
SCAO Match - Byrne Funds
Byrne Grant (ODCP/SCAO)
Other Funding Sources (describe)
1.
2.
3.
4.
5.
6.
0 Total All Funding Sources (sum lines G, H, I, K, L, and N) $86,535.10
Court Name: 52" District Court, 2"d Division, Sobriety C urt Program
1‘)UDGET SUMMARY
4vised September 2005
I Local Match SCAO In-Kind Not Other Funding Grant Total Cost Budget Category Covered by Byrne Grant Sources
Request Cash (100%) Byrne
A Personnel 27,389.00 19,033.00 46,422.00
B Fringe Benefits 13,572.10 1 9,430.00 23,002.10
Consultant/Contractual 5,900.00 115,075.00 10,975.00
Travel 250.00 1,800.00 2,050.00
E Supplies/Operating 2,888.80 1,197.20 4,086.00
F Total Project Cost by Funding 49,999.90 36,535.20 86,535.10
Source
Summary of Drug Court Funding Sources
SCAO Match - In-Kind
Total Other Funding Sources
Page 1
BUDGET NARRATIVE
The 52' District Court, 2' Division operates a high quality ' cost-effective Sobriety Court Program to the community.
For smooth program operation, one full time probation offic'Fr (sobriety court supervision officer) supervises all program participants. This
officer, Mark Mathur, has completed the Federal Bureau of ifustice Drug Court Planning Initiative Operational Training Program and has been
instrumental in the creation and operation of the Sobriety C 'urt Program.
The program evaluator provides both process and outcome valuations of the Sobriety Court Program from detailed collection of data. For
2006, the program will have graduates which will be evalua 'ed on a follow-up basis. The analysis of evaluation data will allow the court to
determine the effectiveness of the program in relation to pa iicipants, overall operation, and cost effectiveness. The court completed an RFP
bid process to obtain evaluation services for FY 2005. The owest response was Evaluation Associates and Consultants, who also has worked
from the planning stages on this program. The other two rOponses returned estimates of $105,190 and $56,850 for one year contracts of
service. The 52/2 District Court has opted for what was by far the most economical option for evaluation services. I, 11
ADE Incorporated provides web-based software called the 9lient Tracking Program that is password protected and permission-based by each
client and by field. Team members can access the program for read and/or write capabilities, depending on their involvement with clients.
Treatment providers can access only their assigned cases. T i e program allows for case management as well as some reporting. As the state-
wide software becomes available, the program expects to p4 se out use of the Client Tracking Program.
We plan to send three team members to the MADCP conferOce offered by the State of Michigan to keep abreast of current trends concerning
the operation of Drug/Sobriety Court Programs. Conference l attendance also allows for networking among professionals in the field, which
can be valuable resources in program operation. The Sobriety Court Officer will also be conducting random home visits of the program
participants.
General supplies for the program will include file folders, toltier, forms, printing, stamps, and paper. Additional costs are expected for
incentives, graduation, and alcohol/drug testing supplies for participants.
Page 2
CIBUD 1ET DETAIL WORKSHEET
The budget detail worksheet may be submitted on plain she4ts of paper following the format below
1 A. Personnel 1
,
Name/Position Computation SCAO Giint Local Cash Local In-Kind Byrne Grant Other Total
Mark Mathur, Probation Salary grade 27,389.00 19,033.00 46,422.00
Officer II 10, Step 24
,
Personnel Total $27,389 $19,033.00 $ $ $ $46,422.00
B. Fringe Benefits
[X] Employer FICA 7.65% [X] Retirement 23.86% [X] Hospital insurance 13.95% [X] Dental insurance 1.58%
[X] Vision insurance .18% [X] Unemployment insura ce .18% [X] Workers' Compensation 1.36% [X] Life insurance .35%
[X] Other Disability .44% [ ] Other %
Composite Rate 49.55%
SCAO Gr4nt Local Cash Local In-Kind — Byrne Grant Other - Total
Fringe Benefit Total $13,572.101 $9,430.00 $ $ $ $23,002.10
Total Personnel and Fringe Benefits $40,961.101 $28,463.00 $ $ $ 1 $69,424.10 j
Page 3
,
C. Consultant/Contractual
Name of Consultant/ Computation of Cost _ SCAO Grant Local Cash _ Local In-Kind Byrne Grant Other Total
Evaluation Associates and Consultants 7,500.0a 2,500.00 10,000.00
Service Provided
Process and Outcome Evaluations for program analysis. Expenses bases on 2005 contract, and anticipated 200 hours at $50 per hour for the 2006 contract.
ADE Incorporated 975.00 975.00
, Service Provided
Software program for client case management. Software is secure, eb-based and accessible by Sobriety Court personnel, treatment providers and the program
evaluator. Fee based on $15 per client at 65 participants.
_ Service Provided
Service Provided
Service Provided
Consultant/Contractual Total $7,500.00 $3,475.00 $ $ $10,975.00
Page 4
D. Travel
Location/Type of Expense Computation SCAO Graiit Local Cash Local In Kind Byrne Grant Other Total
MADCP Conference
Based on 2005 1,800.00 1,800.00
costs
Purpose of Travel 1 [
Three Sobriety Court Team Members to attend the annual conference, rilated to program operation. Case is estimated based on expense in 2005 for hotel, meals, and
mileage. L
Mileage for Home Visits of Based on 2005 250.00 250.00
Program participants by Sobriety rate of .485/mile
Court Officer
Purpose of Travel
Purpose of Travel
, Travel Total $250 1 $1,800.00 $2,050.00
E. Supplies/Operating I
Item Computation SCAO GraOt Local Cash Local In-Kind Byrne Grant Other Total
MADCP Conference Based on 2005 fees 525.00 I 0 525.00
Registration Fee (3 people) (3 x $175)
General Supplies 834.40 834.40 1668.80
Toner, paper, file folders, 1 forms, printing, toner, stamps, 1 etc.
Incentives 834.40 I 150.80 985.20
Graduation Supplies
Drug/Alcohol Tests and PBT 695.00 212.00 907.00
mouthpieces
_
Total Supplies/Operating 2,888.80 1,197.20 4086.00
Page 5
FISCAL NOTE (MISC. #05292) December 8, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: 52nd DISTRICT COURT, DIVISION II - 2006 MICHIGAN DRUG COURT PROGRAM GRANT
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 52nd District Court, Division II (Clarkston) 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 $50,000, along with the required General
Fund match of $36,535 and carry forward of FY 2005 unspent grant funds
of $8,764, for total program funding of $95,299.
3. This is the second year of grant funding of the 52-2 Clarkston Drug
Court program, and is a stand-alone grant with no Byrne matching
funds.
4. The required cash match is currently in the 52-2 District Court budget
under Filing Fees/DCU revenue.
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 contract includes the continued funding for one (1) special
revenue, full-time eligible Probation Officer II position (#3020305-
10317) for $69,424 within the Probation unit.
7. The grant also funds $10,975 of contracted services consultant costs,
$2,125 in travel and $12,775 of operating supplies, equipment and
incentives, for a total SCAO grant funded budget of $95,299.
8. In addition to the County match requirements, the County is expected
to incur administrative and support costs of $4,262 for FY 2006, which
has been included in the FY 2006 budget. This grant does not allow
for recovery of those costs.
9. A budget amendment is recommended as follows to recognize continued
funding from SCAO, for the 52-2 District Court Drug Court grant, and
to budget for the Drug Treatment Court Fee revenue created by Senate
Bill 470:
General Fund #10100 FY 2006
Revenues
3020301-121020-630721 Filing Fees/DCU ($ 30,000)
3020301-121020-630565 Drug Treatment Court Fee 30,000
3020301-113290-631596 Probation Fees 13,053
$ 13,053
Expenditure
3020301-121020-730800 Grant Match $13,053
$ 13,053
Special Revenue Fund #27160
Revenues
3020301-121050-620467 Grant Match $ 36,535
3020301-121050-615571 Grants-State 58,764
$ 95,299
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton and Woodward absent.
Expenditures
3020301-121050-702010
3020301-121050-722740
3020301-121050-731444
3020301-121050-732018
3020301-121050-750280
Salaries
Fringe Benefits
Consultant
Travel and Conference
Lab. Supplies
$ 46,422
23,002
10,975
2,125
12,775
$ 95,299
1
FINANCE COMMITTEE
Resolution #05292 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, KowaII, 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).
I HEREBY APPROVEAHE f13, BUM
*-
STATE OF MICHIGAN) 75 z,/3 /d
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.
Ruthn n; County Clerk