HomeMy WebLinkAboutResolutions - 2005.12.08 - 27812MISCELLANEOUS RESOLUTION #05 293 December 8, 2005
BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON
IN RE: 52nd DISTRICT COURT, DIVISION IV - 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 IV (Troy) applied for a grant
with the State Court Administrative Office (SCAO), Michigan Drug Court Grant
Program with a granting period of October 1, 2005 through September 30, 2006;
and
WHEREAS the total program cost is $90,246, which includes $35,000 in
State funding, $43,209 in County's in-kind matching funds, required cash
matching funds of $4,125 and carry forward of unspent calendar year 2005
funds of $7,912; and
WHEREAS the court intends to continue the Drug Court to deal with the
72/ problems /6 increasing recidivism, increasing use of alcohol and illegal
drugs, sing systems costs, and an increase in jail days ordered; and
HEREAS to provide intensive probation supervision and frequent drug
testing ing of defendants, one (1) part-time, non-eligible Probation Officer I
p sition (#3020505-09716), would be continued in the Probation Unit, which
ill be covered by grant funds; and
WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to
maintain proportionate funding for Federal, State and Private grants; and
WHEREAS the contract has been approved in accordance with the County
Executive's Review Process; and
WHEREAS other program costs include professional services and testing
supplies.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the State Court Administrative Office, Michigan Drug
Court Program Grant in the amount of $90,246 which includes $35,000 from the
State, $43,209 in County in-kind match, carry forward of unspent calendar
year 2005 funds of $7,912 and $4,125 of required County cash matching funds.
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 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) part-time, non-eligible special
revenue Probation Officer I position (pos. 3020505-09716) be continued within
the Probation Unit of the 52 nd District Court, Division IV (Troy).
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 existing positions
associated with this grant is contingent upon continuation of state funding.
Chairperson, on behalf of the Public Services Committee, I move
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on a roll call vote with Gregory absent.
Prentiss Malone, Jr.
From: Greg Givens [givensg@co.oakland.mi.us ]
Sent: Wednesday, November 16, 2005 2:39 PM
To: Doyle, Larry; verploegj@co.oakland.mi.us ; Malone, Prentiss Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel,
Nancy; Johnston, Brenthy; Worthington, Pam
Subject: GRANT REVIEW — 52-4 District Court / Troy SCAO
GRANT REVIEW - 52-4 District Court / Troy
GRANT NAME: FY 2006 Michigan Drug Court Grant Program - Drug Therapy
Court
FUNDING AGENCY: Michigan State Court Administrative Office (SCAO)
DEPARTMENT CONTACT PERSON: Jim VerPloeg / 248/528-0406
STATUS: Acceptance
DATE: November 16, 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 (11/16/2005)
Department of Human Resources:
Approved. - Nancy Scarlet (10/27/2005)
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 submit:ed 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)
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Honorable Brian MacKenzie
5244 District Conn
41750 Grand River Ave.
. Novi,. MI 48374-1222.
Dear Judge MacKenzie:
Pursuant to our conversation this .....n ' . :. regarding the Keitigto Drug Court Grant
Program, I am providing information concerning - .urance #4 in tbe application materials-
The assurances inchuded in the NVchtigan prug Court Grant application materials are the
thicc saute as the assurances required to apply for and apt federal program funding for drug court
programs. Assurance #4 calls for thc applicanr provide assurance of a prognun's In= to
continue funding whather that be from local, o state, or federal sources of funding. The
iigan Drug Court Grant Program is a statc-arrwptiated program funded with limited gene:al
fund dollars. The funding is intended to assist in developing and implementing new programs
and provide limited support to continuing programa. It is, however, the program's responsibaity
to eventually seek additional sources of fundins.itThis should eat be construed as a mandate for
future funding of a program front the flulding urn
If you have any Anther questions, please Cara= me. •
MEMO
TO: Prentiss Malone, Financial Analyst
FROM: Greg Givens, Fiscal Services
DATE: October 25, 2005
RE: 52-4 District Court / Troy - FY 2006 Michigan Drug Court
Grant Program - Drug Therapy Court
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.
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Nancy Scarlet — Julie Secontine —
Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — 52-4 District Court / Troy
FY 2006 Michigan Drug Court Grant Program - Drug Therapy Court
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 25, 2005
Operating Department: 52-4 District Court / Troy
Department Contact: Jim VerPloeg
Contact Phone: 248-528-0406
Other ID Number: SCAO-2006-036
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: $87,335
Prior Year Total Funding: $37,500
New Grant Funded Positions Request: None
Changes to Current Positions: Continuation of 32505-09716
Grantor Funds: $35,000
Total Budget: $82,334
Match and Source: 5% local Cash Match of $4,125, and $24,459 In Kind, with $18,750
Other from Substance Abuse Coord. Agency.
PROJECT SYNOPSIS
The Troy Drug Therapy Court has been in existence since April of 2001 and as of the date of this
application has handled approximately 220 participants. Of those participants, 81 have
successfully graduated. The Troy Drug Therapy Court is not a charge specific program, but
handles any type of offense where the offender has a drug or alcohol addiction problem. The
funds requested in this grant will cover the cost of the 1 Probation Officer position and for
treatment for individuals who cannot afford treatment on their own. The balance, which is
minimal will go for basic supplies.
MICHIGAN SUPREME COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN DRUG COURT GRANT PROGRAM
2006
GRANT CONTRACT
52-4 District Court
Contractor
38-6004876
Federal ID Number
SCA0-2006-036
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.
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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: (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-,
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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.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
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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 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
N6(it6q7/7-'
Chief Judge (Signature
.12.4 Drug Court Judge (Signature)
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:
Date
/0 )
Date
/0/24 c°
Date
13
2006 SCAO BUDGET
BUDGET WORKSHEET INSTRUCTIONS
The following instructions relate to both the budget summary on page 13 and the budget detail
worksheets on pages 15 to 18 (which provide the detail to support the amounts shown on the budget
summary). The budget detail worksheets should include a thorough justification for all costs, including
the basis for computing these costs. The budget must be complete, reasonable, and directly related to
the activities proposed in the application. All budgeted expenditures should be split between available
funding sources in the following categories: SCAO Grant Request, Local Match; Cash, Local Match;
In-Kind; ODCP Byrne Grant; and Other Funding Sources. The totals on the budget detail worksheets
should tie back to the budget summary.
Unallowable grant expenditures are detailed on page three of the grant application.
Item A - Personnel: On the budget detail worksheet, list each position by title or name of employee,
if available. In the computation column, show the annual salary rate and the percentage of time
devoted to the project. These amounts should then be allocated to the funding sources that will be used.
The amounts on the personnel total line should tie back to the amounts shown for personnel on the
budget summary.
Item B - Fringe Benefits: Fringe benefits should be based on actual known costs or an established
formula. Fringe benefits are only for the personnel listed in the budget and only for the percentage of
time devoted to the project. On the budget detail worksheet, check the fringe benefits that apply and
indicate the composite rate percentage. The amount shown for fringe benefits should be equal to the
personnel costs multiplied by the composite rate.
Item C - Consultant/Contractual: For each consultant, enter the name (if known), service to be
provided, hourly or daily fee (eight hour day), and estimated time on the project. Consultant fees must
conform to federal guidelines and cannot exceed $450 per day or $56.25 per hour. Contractual
services for treatment, case management/monitoring, and drug testing should be included in this
section.
Item D — Travel: Itemize travel expenses of project personnel by purpose (e.g. home visit, MADCP
conference registration). Only travel for the purposes of transporting drug court participants to
services, conducting a home visit, or registrations for the Michigan Association of Drug Court
Professionals Conference (maximum of three) are allowable travel expenses. Show the basis of
computation. All travel must adhere to the most recent approved Michigan Supreme Court
Standardized Travel Rates for the Judicial Branch. Approved travel expenses will be limited to in-state
travel.
Item E — Supplies/Operating: Supplies include any materials that are expendable or consumed
during the course of the project. Training registration costs should be included under this section.
Item F — Total Project Cost by Funding Source: The total should be all costs associated with the
drug court for FY 2006.
Page 1
Item G — SCAO Grant Request: The award amount requested from the Michigan Drug Court Grant
Program.
SCAO Match: At least 25% of the SCAO budget is required to be local match, of which at least 5%
must be cash (Item H below), and the remaining 20% may be provided by other sources (Items I, J, &
K below.)
Item H — SCAO Match, Local Cash: At least 5% of the SCAO budget must be a cash match. The
cash match must be local cash and cannot include federal or state dollars.
Item I — SCAO Match, In-Kind: In-kind match may be used to satisfy all or a portion of the
remaining SCAO 20% match requirement.
Item J — SCAO Match, Other Funding Sources: Other funding sources such as child care fund,
foundations grants, Juvenile Accountability Block Grant (JABG), etc., may be used to satisfy all or a
portion of the remaining SCAO 20% match requirement. (These sources are individually listed in Item
M.)
Item K — SCAO Match, Byrne Funds: Byrne funds may be used to satisfy all or a portion of the
SCAO 20% Match Requirement.
Item L — Byrne Grant: This is the amount of any Byrne grant received directly from ODCP or
SCAO.
Item M — Other Funding Sources: Please list any other funding sources with a brief description of
the source. (i.e. child care fund, foundation grants, JABG, etc.)
Item N — Total Other Funding Sources: Total of Lines 1 through 6 above.
Item 0 — Total All Funding Sources: Total of SCAO Grant Request, Local Cash Match, In-Kind
Match, Byrne Grant and Other Funding Sources. This is your total Drug Court Program Budget.
Page 2
DISALLOWABLE EXPENSES
The following expenditures are not allowable grant expenses and should not be included in the
grant application budget request. However, expenses not allowed by the MDCGP can be used as part
of the grant match requirement and are to be reflected accordingly in the budget section of the
application.
• Equipment (computers, copiers, printers, furniture, etc.) Equipment purchases may be shown
in the supplies and operating category but will be authorized for match expenditures only.
• Construction and Renovations
* Software (new software, maintenance fees, etc.)
* Administrative/Indirect Costs
* Attorney Fees for indigent defense or prosecution
* Travel (Drug court staff transporting participants to services or to
conduct home visits is an allowable expense. In addition, the grant will support
three registration fees for the 2006 Michigan Association of Drug Court
Professionals conference.)
• Gasoline expenses (Allowable mileage will be reimbursed at .405/mile.)
• Meals/Refreshments (except certain approved ceremonies such as graduation)
• Lobbying
• Honorariums
• Memberships
• Other costs not directly related to operations of a drug court
Page 3
Calculating Match and Budgets
Match is not a percentage of your award, rather it is a percentage of your total budget. For instance, if 25% match is required, that means that 75% of your costs are covered by the award and
you must cover at least 25% of your costs yourself.
To calculate your total budget, simply divide your award by the percentage your award covers. Then multiply your total budget by the match percentage to calculate match dollars required.
For instance, if 25% match is required, that means that 75% of your budget is covered by the award. Divide your award by .75 to calculate your total budget, and multiply your total budget
by .25 to calculate your match dollars.
25% Minimum Match Required (yrs1-2)
40% Minimum Match Required (year 3)
50% Minimum Match Required (year 4)
60% Minimum Match Required (year 5)
Match % Award %
0.25 0.75
0.40 0.60
0.50 0.50
0.60 0.40
Divide award by .75 for total budget, multiply total budget by .25 for match dollars required
Divide award by .60 for total budget, multiply total budget by .40 for match dollars required
Divide award by .50 for total budget, multiply total budget by .50 for match dollars required
Divide award by .40 for total budget, multiply total budget by .60 for match dollars required
SCAO grant funds may be used to match Byrne grants, and vice versa, so that must be taken into consideration when designing your drug court program budget. SCAO's In-Kind/Other
Match may be Byrne funds, In-Kind contributions, or other local sources. SCAO's Cash Match requirement may be local cash only, no federal (such as Byrne) or state funds may be used.
In-Kind Match is not allowed for the Byrne grant.
Example: SCAO award of $10,000 with a minimum total match requirement of 25%, consisting of 5% cash and 20% in-kind or other, and a
Byrne award of $30,000 with a 40% match requirement.
Calculate Match
& Total Budgets
SCAO
Award Request SCAO Match Total SCAO Budget _
75% 25% 100%
$10,000.00 $3,333.34 $13,333.34
5% Cash 20% In-kind/Other
$666.67 $2,666.67
Byrne Award Byrne Match Total Byrne Budget
60% 40% 100%
$30,000 $20,000 $50,000
Awards Determine Total Drug Court Program Budget Cash Match
In-Kind/Other
Match
Total Drug Court
Program Budget - _
SCAO Grant Amount 10,000.00
5% SCAO Cash Match (.05 X Total SCAO Budget) 666.67
20% SCAO In-Kind/Other Match (.20 X Total SCAO Budget) 2,666.67
Byrne available to match SCAO In-Kind/Other ($30,000 available) (2,666.67)
Byrne Grant Amount 30,000.00
40% Byrne Match (.40 X Total Byrne Budget) 20,000.00
SCAO available to match Byrne ($10,000 available) (10,000.00)
Totals 40,000.00 10,666.67 0.00 50,666.67
Note that all of the SCAO In-Kind/Other match requirement is met by the Byrne award in this case, but only half of the Bryne match requirement is met by the SCAO award. This means
that, in addition to the $666.67 cash requirement for SCAO, an additional $10,000 of funding is required to satisfy the Byrne Match requirement.
Page 4
Court Name: 52-4 District Court
BUDGET SUMMARY
Local Match SCAO In-Kind Not Other Funding Grant Total Cost Budget Category Covered by Byrne Grant Sources Request Cash (100%) Byrne
Personnel 22,249 10,547 32,796
Fringe Benefits 1,162 13,912.50 15,524.50
C Consultant/Contractual 10,500 3,750 18,750 33,000
D Consultant/Contractual Travel
E Supplies/Operating 639 375 1,014
F Total Project Cost by Funding 35,000 4,125 24,459.50 18,570 82,334.50
Source
Summary of Drug Court Funding Sources
G SCAO Grant Request $ 35,000
H SCAO Match - Local Cash (Minimum 5% of SCAO Grant Budget) $ 4,125
I SCAO Match - In-Kind $ 24,459.50
J SCAO Match - Other Funding Sources $ 18,750
K SCAO Match - Byrne Funds $
L Byrne Grant (ODCP/SCAO) $ 0
M Other Funding Sources (describe)
I. $
2. $
3. $
4. $
5. $
6. $
N Total Other Funding Sources $ 18,750
0 Total All Funding Sources (sum lines G, H, I, K, L, and N) $ 82,334.50
Page 5
BUDGET NARRATIVE
The budget narrative should justify all costs associated with the proposed project:
BUDGET DETAIL WORKSHEET
The budget detail worksheet may be submitted on plain sheets of paper following the format below
A. Personnel
Name/Position Computation SCAO Grant Local Cash Local In-Kind Byrne Grant Other Total
100 4,037 4,037
James A. VerPloeg hrs/40.37/hr
200 6,510 6,510
Patricia Bates hrs/32.55/hr
22,249 22,249
Ann Geary
Personnel Total $ 22,249 $ $ 10,547 $ $ $ 32,796
B. Fringe Benefits
[ x] Employer FICA % [x ] Retirement % [ x] Hospital insurance % [x ] Dental insurance %
[x ] Vision insurance 0/0 [x ] Unemployment insurance % [x ] Workers' Compensation [x ] Life insurance % %
[ x] Other PTNE
22 % 1] Other %
Composite Rate 4 %
SCAO Grant Local Cash Local In-Kind Byrne Grant Other Total
Fringe Benefit Total $ 1,162 $ $ 13,912.50 $ $ $ 15,524.50
Total Personnel and Fringe Benefits $ 1,612 $ $ 13,912.50 $ $ 15,524.50
Page 7
C. Consultant/Contractual
Name of Consultant/ Computation of Cost SCAO Grant Local Cash Local In-Kind Byrne Grant Other Total
Substance Abuse Coord. Agency 10,500 3,750 18,750 33,000
Service Provided
Service Provided
Service Provided
Service Provided
Service Provided
Consultant/Contractual Total $ 10,500 $ 3,750 $ $ $ 18,750 $ 33,000
Page 8
D. Travel
Location/Type of Expense Computation SCAO Grant Local Cash Local In Kind Byrne Grant Other Total
-0-
Purpose of Travel
Purpose of Travel
Purpose of Travel
Travel Total $ $ $ $ $ $ -0-
E. Supplies/Operating
Item Computation SCAO Grant Local Cash Local In-Kind Byrne Grant Other Total
Supplies, etc. 639 375 1,014
Total Supplies/Operating 639 375 1,014
Page 9
FISCAL NOTE (MISC. it05-29 3 ) December 8, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: 52nd DISTRICT COURT, DIVISION IV - 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 nd District Court, Division IV (Troy) 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, along with the required
General Fund cash match of $4,125, in-kind matching funds of
$43,209 and carry forward of FY 2005 unspent grant funds of
$7,912, for a total program funding of $90,246.
3. This is the third year of grant funding the 52-4 Troy Drug Court
program, and is a stand-alone grant with no Byrne matching funds.
4. The required cash match is currently in the 52 nd District Court-
Division IV 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 continued funding of $48,321 for one
(1) special revenue part-time, non-eligible Probation Officer I
position (#3020505-09716) within the Probation unit.
7. The grant also funds $33,000 of contracted services consultant
costs, and $8,926 of operating supplies, equipment and
incentives, for a total SCAO grant funded budget of $90,246.
8. In addition to the County match requirements, the County is
expected to incur administrative and support costs of $3,011 for
FY 2006, which are included in the FY 2006 budget. This grant
does not allow for recovery of those costs.
9. A budget amendment is recommended as follows to recognize
continued funding from SCAO, for the 52-4 District Court Drug
Court grant, and to budget for the Drug Treatment Court Fee
revenue created by Senate Bill 470::
General Fund #10100 FY 2006
Revenues
3020501-121020-630721 Filing Fees/DCU ($ 25,000)
3020501-121020-630565 Drug Treatment Court Fee 25,000
3020501-113290-631596 Probation Fees 4,125
$ 4,125
Expenditure
3020501-121020-730800 Grant Match $ 4,125
$ 4,125
Special Revenue Fund #27160
Revenues
3020501-121050-620467 Grant Match $ 4,125
3020501-121050-615571 Grants-State 42,912
$ 47,037
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton and Woodward
absent.
•
Expenditures
3020501-121050-702010 Salaries $ 22,249
3020501-121050-722740 Fringe Benefits 1,612
3020501-121050-731444 Consultant 22,162
3020501-121050-750280 Lab. Supplies 1,014
$ 47,037
FINANCE COMMITTEE
I HEREBY APPROVE )HE FOREGOING RESOLUTION
11•••••n•
0 NC
Resolution #05293 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).
'Mee.
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.
RUttliginVon, County Clerk