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HomeMy WebLinkAboutResolutions - 2005.12.08 - 27813December 8, 2005 REPORT (misc. 105294) BY: PERSONNEL COMMITTEE, GREGORY C. JAMIAN, CHAIRPERSON RE: CIRCUIT COURT — 2006 BYRNE GRANT PROGRAM CONTINUATION — ADULT — FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY — CONTRACT 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 #05294 December 8, 2005 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: CIRCUIT COURT - 2006 BYRNE GRANT PROGRAM CONTINUATION - ADULT - FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY - CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Community Health, Office of Drug Control Policy has awarded grant funding to the Circuit Court in the amount of $105,000 with a grant period of October 1, 2005 through September 30, 2006; and WHEREAS the Circuit Court/Civil/Criminal Division Adult Drug Court has received continuation funding to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS the Circuit Court Adult Drug Court Program is currently funded by the Byrne Memorial Drug Court Grant and the State Court Administrative Office (SCAO) grant; and WHEREAS the Circuit Court/Civil/Criminal Division Adult Drug Court Program is awarded total program funds of $212,919, which includes $105,000 from Byrne and a matching grant of $107,919 from SCAO, which includes a required County cash match and carry forward funds; and WHEREAS the grant acceptance seeks continuation funding for one (1) Community Service Coordinator position (3010301-09837) and one (1) PTNE Technical Aide position (3010301-10319); and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts Michigan Department of Community Health, Office of Drug Control Policy grant, in the amount of $212,919, which includes $107,919 from the State Court Administrator's Office (SCAO) and $105,000 in Byrne Memorial Grant 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 the grant acceptance would continue funding for one (1) Community Service Coordinator position (3010301-09837) and one (1) PTNE Technical Aide position (3010301-10319). BE IT FURTHER RESOLVED that continuation of the positions associated with this grant is contingent upon continuation of State funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC 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: Friday, November 18, 2005 10:41 AM To: Doyle, Larry; Smith, Libby; Cooperrider, John; Malone, Prentiss Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam Subject: GRANT REVIEW — Circuit Court / Byrne GRANT REVIEW - Circuit Court GRANT NAME: FY 2006 Adult Treatment Court - Byrne FUNDING AGENCY: Administrated by the State Court Administrative Office (SCAO) DEPARTMENT CONTACT PERSON: Libby Smith / 2-2195 STATUS: Acceptance DATE: November 18, 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. Corporation Counsel has provided comment. The modifications and contract language currently being negotiated must be incorporated into the contract prior to contract execution by the Board Chair. 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 (10/27/2005) Department of Human Resources: Approved. - Nancy Scarlet (11/2/2005) Risk Management and Safety: Approved By Risk Management - Julie Secontine (10/29/2005) Corporation Counsel: The SCAO and the Court are currently negotiating language to establish the parameters of certain reporting requirements. I expect that the Court and SCAO will be able to agree upon language that is acceptable to both parties within the next week. All other issues with a legal component appear to have been satisfactorily resolved. - Karen Agacinski (11/18/2005) 1 If you have any ti.trther questions, plc= 011taCt me. • Si Dali(in A. Monk Deputy Sane Court Administrator .Feb-06-01 01:16P macklanzie • FEI-110-01 2:47 rot: ICAO CSPIAL • 248-309-9747 P . 02 - 5173732)12 - 7-420 P.22/02 Joir-1 l I Michigan Suprime Court State Court AdanintStratIve Office . P.C. Sax 1.2n5irs Michigan 4.11g09 • - Phone (5171 073-013D latmil.Tetry,it.SzatsCauk Admilikazier . February et, 2001 Honorable Brilta MacKenzie 5214 District Court 4.1] SO Gria River Ave. . Novi, MI 48374-1222 . Dear Judge MacKenzie: Pursuant to our conversation this .. ,.. ' , :. regarding the Meitigazt Drug Court Grant Program, I am providing information con=nting • - uranee if4 in the application materials_ The assurances included in the Michigan Drug Court Grant application materials arc the tiir.c satne as the assurances required to apply for and apt federal program funding for drug court programs. Assurance #.4 culls for the applicant provide assurance of a program's jigGig to continue funding whether that be from local, o state, or federal sources of futuiing. The iiroprt Michigan Drug Court Grant Program is a state 'awl prugittrn funded with limited gen eral fUnd dollatS. The Aim:lira is intended to assist in developing and implementing new programa and provide Limited support to continuing pro • It is, however, the program's responsibility to eventually seek additional sources of &calms.jt.This should not be canstrued id a mandate for future fuer:ling of a program from the filnding um MEMO TO: Prentiss Malone, Financial Analyst FROM: Greg Givens, Fiscal Services DATE: October 27, 2005 Circuit Court - FY 2006 Adult Treatment Court Byrne Grant - Administered by the State Court Administrative Office 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. RE: GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Nancy Scarlet — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Circuit Court FY 2006 Adult Treatment Court Byrne Grant - Administered by the State Court Administrative Office 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 27, 2005 Operating Department: Circuit Court Department Contact: Libby Smith Contact Phone: 248-452-2195 Other ID Number: Contract # SCAO 2006-006 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: $212,000 Prior Year Total Funding: $275,000 New Grant Funded Positions Request: None Continuation of Current Positions: Continuation of Coordinator - #35301-09837, Technical Aide - #35301-10319, Comm Corrections Spec - #35301-0318 Grantor Funds: $105,000 Total Budget: $212,000 Match and Source: 50% Match Required. Funded by: $30,000 FY 2006 SCAO Award, $41,000 FY 2005 SCAO Unspent Money Carried forward, and $34,000 Grant Match Line Item General Fund PROJECT SYNOPSIS The Adult Treatment Court provides non-violent criminal defendants, whose substance abuse leads them to commit crimes, a positive alternative of intensive probation and substance abuse treatment instead of long terms of incarceration. The ATC seeks to break the cycle of recidivism, and enhance public safety and participants' lives. Additionally, the use of jail/prison beds is reduced. Contract #: SCA0-2006-006 Grant Agreement Between Michigan Supreme Court State Court Administrative Office (hereinafter referred to as "SCAO") and County of Oakland, 6 th Circuit Court 1200 N. Telegraph Road Pontiac, MI 48341 Federal I.D.#: 38-6004876 (hereinafter referred to as "Contractor") for Adult Drug Court Part I 1. Period of Agreement: This agreement shall commence on October 1, 2005, and continue through September 30, 2006. This agreement is in full force and effect for the period specified. 2. Program Budget and Agreement Amount A. Agreement Amount The total amount of this agreement is $ 210 000. SCAO, under the terms of this agreement, will provide funding not to exceed $ 105 000. The federal funding provided by SCAO is: $ 105,000 or approximately 50%; the Catalog of Federal Domestic Assistance (CFDA) number is 16.738 and the CFDA Title is Edward Byrne Memorial Justice Assistance Grant Program; the federal agency name is U.S. Department of Justice; the federal grant award number is 2005- DJ-BX-0020. The grant agreement is designated as a subrecipient relationship. B. Equipment Purchases and Title Any Contractor equipment purchases supported in whole or in part through this agreement must be listed in the supporting Equipment Inventory Schedule. Equipment means tangible, non-expendable, personal property having useful SCAO FY2006 9/05 1 of 15 life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with Contractor upon acquisition. SCAO reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that SCAO's proportionate interest in such equipment supports such retention or transfer of title. C. Deviation Allowance A deviation allowance modifying an established budget category by $10,000 or 15%, whichever is greater, is permissible without prior written approval of SCAO. Any modification or deviation in excess of this provision, including any adjustment to the total amount of this agreement, must be made in writing and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories, subcontracts, equipment items, or positions not shown in the attached Program Budget Summary and supporting detail schedules. 3. Purpose: The focus of the program is to: See Attachment A. 4. Statement of Work: Contractor agrees to undertake, perform, and complete the services described in Attachment A, which is part of this agreement through reference. 5. Pre-Approval: Contractor agrees to gain obtain pre-approval from SCAO before any program or budget changes are implemented during the grant period. 6. Financial Requirements: The financial requirements shall be followed as described in Part II of this agreement and Attachment D, which are part of this agreement through reference. 7. Performance/Progress Report Requirements: The progress reporting methods, as applicable, shall be followed as described in Attachment C, which is part of this agreement through reference. 8. General Provisions: Contractor agrees to comply with the General Provisions outlined in Part II, which is part of this agreement through reference. 9. Administration of the Agreement: The person acting for SCAO in administering this agreement (hereinafter referred to as Contract Manager) is: Phyllis Zold-Kilbourn, PhD, Management Analyst, 517 -373-7351, zoldpcourts.mi.goy 10. Special Conditions: A. This agreement is valid upon approval by the Governor's Office, as appropriate, and approval and execution by SCAO. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. SCAO will not assume any responsibility or liability for costs incurred by Contractor prior to signing this agreement. 11. Special Certification: The individuals or officers signing this agreement certify by SCAO FY2006 9/05 2 of 15 their signatures that they are authorized to accept this agreement on behalf of the responsible governing board, official, or Contractor. SCAO FY2006 9/05 3 of 15 Part ll General Provisions I. Responsibilities - Contractor Contractor, in accordance with the general purposes and objectives of this agreement, will: A. Publication Rights 1. Where activities supported by this agreement produce books, films, or other such copyrightable materials issued by ,Contractor„Contractor, may copyright such, but shall acknowledge that SCAO reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, and use such materials, and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or modifications bearing acknowledgment of SCAO's name must be approved by SCAO prior to reproduction and use of such materials. "This project was supported by grant project # , awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice and administered in Michigan by the State Court Administrative Office. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 3. Contractor shall give recognition to SCAO in any and all publications, papers, and presentations arising from the program and service contract herein; SCAO will do likewise. B. Fees Make reasonable efforts to collect 1 st and 3rd party fees, where applicable, and report these as outlined by SCAO's fiscal procedures. Any underrecoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures. C. Program Operation Provide the necessary administrative, professional, and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by SCAO at the effective date of this agreement, and provide SCAO with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. SCAO FY2006 9/05 4 of 15 E. Record Maintenance/Retention Maintain adequate program and fiscal records and files, including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. Assure that all terms of the agreement will be appropriately adhered to and that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than three (3) years from the date of termination, the date of submission of the final expenditure report, or until litigation and audit findings have been resolved. F. Authorized Access Permit, upon reasonable notification and at reasonable times, access by authorized representatives of SCAO, Federal Grantor Agency, Comptroller General of the United States, and State Auditor General, or any of their duly authorized representatives, to records, files, and documentation related to this agreement, to the extent authorized by applicable state or federal law, rule, or regulation. G. Audits This section only applies to Contractors designated as subrecipients. Contractors designated as vendors are exempt from the provisions of this section. 1. Single Audit Provide, consistent with regulations set forth in the Single Audit Act Amendments of 1996, P.L. 104-156, and Section .320 of Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" (as revised), and a copy of the Contractor's annual Single Audit reporting package, including the Corrective Action Plan, to SCAO. The federal OMB Circular A-133 requires either a Single Audit or program-specific audit (when a Contractor is administering only one federal program) of agencies that expend $500,000 or more in federal awards during the Contractor's fiscal year. Contractors who have a Single Audit conducted as a result of $500,000 or more in expenditures of federal awards must submit the Single Audit reporting package, management letter (if issued), and Corrective Action Plan to SCAO even if federal funding received from SCAO results in less than $500,000 in expenditures. Contractor must also assure that the Schedule of Expenditures of Federal Awards includes expenditures for all federally funded grants. 2. Financial Statement Audit Contractors exempt from the Single Audit requirements that receive $500,000 or more in total funding from SCAO in state and federal grant funding must submit a copy of the Financial Statement Audit prepared in accordance with generally accepted auditing standards (GAAS) and SCAO FY2006 9105 5 of 15 management letter, if one is issued. Contractors exempt from the Single Audit requirements that receive less than $500,000 of total SCAO grant funding must submit a copy of the Financial Statement Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact SCAO-funded programs, including, but not limited to, fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. 3. Other Audits SCAO or federal agencies may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. 4. Notification When a Contractor is exempt from both the Single Audit requirements and the Financial Statement Audit requirements because funding is below the thresholds described above and there are no disclosures that may negatively impact SCAO funded programs, the Contractor must submit an Audit Status Notification Letter that certifies these exemptions. The Audit Status Notification Letter must be signed by the Contractor's financial director, or their designee. Attachment E contains the required Audit Status Notification Letter. Contractors should not send the completed letter to SCAO with their signed agreement, but should submit as directed in item 7. 5. Due Dates The Single Audit reporting package, management letter, if one is issued, and Corrective Action Plan; Financial Statement Audit and management letter, if one is issued; or Audit Status Notification Letter shall be submitted to SCAO within nine (9) months after the end of Contractor's fiscal year. 6. Penalty a. Delinquent Single Audit or Financial Statement Audit If Contractor does not submit the required Single Audit reporting package, management letter, and Corrective Action Plan, or the Financial Statement Audit and management letter, within nine months after the end of Contractor's fiscal year, SCAO may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $100,000) until the required filing is received by SCAO. SCAO may retain the amount withheld if the Contractor is more than 120 days delinquent in meeting the filing requirements. b. Delinquent Audit Status Notification Letter Failure to submit the Audit Status Notification Letter when required may result in withholding from the current funding an amount equal to one percent of the audit year's grant funding until the Audit Status Notification Letter is received. SCAO FY2006 9/05 6 of 15 7. Where to Send A copy of the Single Audit reporting package, management letter, if one is issued, and Corrective Action Plan; Financial Statement Audit and management letter, if one is issued; or the Audit Status Notification Letter must be forwarded to: Michigan Supreme Court State Court Administrative Office Hall of Justice 925 West Ottawa P.O. Box 30048 Lansing, Michigan 48909 Attn: Ms. Kathryn Van Asperen As an alternative to paper filing, the audit report and related documentation may be submitted to the above address on a CD-ROM in a Portable Document Format (PDF) compatible with Adobe Acrobat (read only). The audit report and related documentation should be assembled as one document in the following order: a. Financial Statement Audit Report/Single Audit Report, b. Corrective Action Plan or other information as applicable to MDCH grants, and c. Management Letter (Comments and Recommendations). Another alternative is to send notification to the above address that the required audit materials may be accessed, in Adobe PDF, from Contractor's website. 8. Management Decision SCAO shall issue a management decision on findings and questioned costs contained in Contractor's Single Audit within six months after the receipt of a complete and final audit report. The management decision shall include whether or not the audit finding is sustained; the reasons for the decision; and the expected Contractor action to repay disallowed costs, make financial adjustments, or take other action. Prior to issuing the management decision, SCAO may request additional information or documentation from Contractor, including a request for auditor verification of documentation, as a way of mitigating disallowed costs. H. SubrecipientNendor Monitoring Contractor must ensure that each of its subrecipients comply with the Single Audit Act requirements. Contractor must issue management decisions on audit findings of their subrecipients as required by OMB Circular A-133. Contractor must also develop a subrecipient monitoring plan to provide reasonable assurance that the subrecipient administers federal awards in compliance with laws, regulations, and the provisions of contracts, and that performance goals are achieved. The subrecipient monitoring plan should include a risk-based assessment to determine the level of oversight, and SCAO FY2006 9/05 7 of 15 monitoring activities such as reviewing financial and performance reports, performing site visits, and maintaining regular contact with subrecipients. Contractor must arrange for limited scope audits of subrecipients exempt from the Single Audit Act requirements if the subrecipient receives more than $25,000 in federal awards from Contractor. The limited scope audits must be conducted in accordance with either the AICPA's generally accepted auditing standards or attestation standards that address activities allowed or unallowed, and allowable costs/cost principle compliance requirements. The limited scope audits must be completed within nine months after the subrecipient's fiscal year. Contractor must ensure the subrecipient takes appropriate and timely corrective action on findings identified in the limited scope audit, and reimburse SCAO within six months of receipt of the limited scope audit for any unallowable costs identified. Contractor must monitor vendors for performance of contract requirements. Notification of Modifications Provide timely notification to SCAO, in writing, of any action by its governing board or any other funding source that would require or result in significant modification in the provision of services, funding, or compliance with operational procedures. J. Software Compliance Ensure software compliance and compatibility with SCAO's data systems for services provided under this agreement, including, but not limited to: stored data, databases, and interfaces for the production of work products and reports. All required data under this agreement shall be provided in an accurate and timely manner without interruption, failure, or errors due to the inaccuracy of Contractor's business operations for processing date/time data. K. Human Subjects 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. Responsibilities - SCAO SCAO, in accordance with the general purposes and objectives of this agreement, will: A. Reimbursement Provide reimbursement in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by Contractor. B. Report Forms Provide any report forms and reporting formats required by SCAO during the effective period of this agreement. SCAO FY2006 9/05 8 of 15 Ill. Assurances The following assurances are hereby given to SCAO: A. Compliance with Applicable Laws Contractor will comply with applicable federal and state laws, guidelines, rules, and regulations in carrying out the terms of this agreement. Contractor will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this agreement. B. Anti-Lobbying Act Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq., and Section 503 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act (Public Law 104-208). Further, Contractor shall require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non-Discrimination 1. In the performance of any contract or purchase order resulting herefrom, Contractor agrees not to discriminate against any employee or applicant for employment or service delivery and access, with respect to their hire, tenure, terms, conditions or privileges of employment, programs and services provided, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability unrelated to the individual's ability to perform the duties of the particular job or position or to receive services. Contractor further agrees that every subcontract entered into for the performance of any contract or purchase order resulting herefrom will contain a provision requiring non- discrimination in employment, service delivery, and access, as herein specified binding upon each subcontractor. This covenant is required pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2201 et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and any breach thereof may be regarded as a material breach of the contract or purchase order. 2. Additionally, assurance is given to SCAO that proactive efforts will be made to identify and encourage the participation of minority owned and women owned businesses, and businesses owned by persons with disabilities in contract solicitations. Contractor shall incorporate language in all contracts awarded: (1) prohibiting discrimination against minority owned and women owned businesses and businesses owned by persons with disabilities in subcontracting; and (2) making discrimination a material breach of contract. SCAO FY2006 9/05 9 of 15 D. Debarment and Suspension Assurance is hereby given to SCAO that Contractor will comply with Federal Regulation, 45 CFR Part 76, and certifies to the best of its knowledge and belief that it, its employees, and its subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor; 2. Have not, within a three-year period preceding this agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in section 2, and; 4. Have not, within a three-year period preceding this agreement, had one or more public transactions (federal, state, or local) terminated for cause or default. E. Federal Requirement: Pro-Children Act 1. Assurance is hereby given to SCAO that Contractor will comply with Public Law 103-227, also known as the Pro-Children Act of 1994, 20 USC 6081 et seq, which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development services, education, or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Contractor also assures that this language will be included in any subawards which contain provisions for children's services. 2. Contractor also assures, in addition to compliance with Public Law 103- 227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. SCAO FY2006 9/05 10 of 15 Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of Contractor. If activities or services are delivered in facilities or areas that are not under the control of Contractor (e.g., a mall, restaurant or private work site), the activities or services shall be smoke-free. F. Hatch Political Activity Act and Intergovernmental Personnel Act Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1508, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act, Public Law 95-454, 42 USC 4728. Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally assisted programs. G. Subcontracts Assure for any subcontracted service, activity, or product that: 1. A written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions to this policy may be granted by SCAO upon written request within 30 days of execution of the agreement. 2. Any executed subcontract to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non-conflicting provisions not set forth in this agreement, b. Restates provisions of this agreement to afford Contractor the same or substantially the same rights and privileges as SCAO; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded Contractor in this agreement. 3. The subcontract does not affect Contractor's accountability to SCAO for the subcontracted activity. 4. Any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. 5. Contractor will submit a copy of the executed subcontract if requested by SCAO. H. Procurement Assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accordance with the principles and requirements of OMB Circular A-102 as revised, implemented through applicable portions of the associated "Common Rule" as promulgated by SCAO FY2006 9/05 11 of 15 responsible federal contractor(s), or OMB Circular A-110 as amended, as applicable, and that records sufficient to document the significant history of all purchases are maintained for a minimum of three years after the end of the agreement period. I. Health Insurance Portability and Accountability Act and 42 CFR Part 2 To the extent that this act is 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: 1. 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. 2. 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. 3. Contractor must only use the protected data and information for the purposes of this agreement. 4. 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 the HIPAA and 42 CFR Part 2 regulations. These policies and procedures must include restricting access to the protected data and information by Contractor's employees. 5. 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. 6. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Part II, Section V. Termination. 7. 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 health data and information received by Contractor from SCAO or any other source. J. Supplanting Contractor will comply with federal requirements concerning supplanting. Funds must be used to supplement existing funds for program activities and not to replace those funds which have been appropriated for the same purpose; potential supplanting will be the subject of application review, as well as pre- award review, post-award monitoring and audit. SCAO FY2006 9/05 12 of 15 Supplanting means to deliberately reduce state or local funds because of existence of federal funds (e.g., when state funds are appropriated for a stated purpose and federal funds are awarded for that same purpose, the state replaces its state funds with federal funds, thereby reducing the total amount available for the stated purpose). IV. Financial Requirements A. Reimbursement Method 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. Financial Status Report Submission Financial Status Reports (FSRs) shall be prepared and submitted to: Ms. Carol Knudsen State Court Administrative Office Hall of Justice P.O. Box 30048 Lansing, MI 48909 FSRs must be submitted on a monthly basis, no later than thirty (30) days after the close of each calendar month, 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 monthly FSRs must reflect total actual program expenditures, regardless of the source of funds. Attachment D contains the FSR form. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payments. C. Reimbursement Mechanism 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.m i. us. D. Final Obligations and Financial Status Report Requirements 1. Preliminary Close Out Report A Preliminary Close Out Report, based on annual guidelines, must be submitted by the due date using the format provided by the Michigan Department of Community Health's Accounting Division. Contractor must provide an estimate of total expenditures for the entire agreement SCAO FY2006 9105 13 of 15 period. The information on the report will be used to record SCAO's year-end accounts payables and receivables for this agreement E. Unobliqated Funds Any unobligated balance of funds held by Contractor at the end of the agreement period will be returned to SCAO or treated in accordance with instructions provided by SCAO. V. 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. C. This agreement may be terminated immediately if Contractor, an official of Contractor, or an owner is convicted of any activity referenced in Section III.D. of this agreement during the term of this agreement or any extension thereof. VI. Final Reporting Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination Contractor shall provide SCAO with all financial, performance, and other reports required as a condition of this agreement. SCAO will make payments to Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. Contractor shall immediately refund to SCAO any funds not authorized for use and any payments or funds advanced to Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII. Severabilitv If any provision of this agreement, or any provision of any document attached to or incorporated by reference, is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. VIII. Amendments Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. Any change proposed by Contractor which would affect SCAO funding of any project, in whole or in part, in Part 1, Section 2.C. of the SCAO FY2006 9/05 14 of 15 agreement must be submitted in writing to SCAO for approval immediately upon determining the need for such change. IX. Liability A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by Contractor in the performance of this agreement shall be the responsibility of Contractor, and not the responsibility of SCAO, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of Contractor, any subcontractor, or anyone directly or indirectly employed by Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to Contractor or its employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by SCAO in the performance of this agreement shall be the responsibility of SCAO, and not the responsibility of Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any SCAO employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the SCAO), or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by Contractor and SCAO in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by Contractor and SCAO in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by Contractor, the State, its agencies (the SCAO), or their employees, respectively, as provided by statute or court decisions. X. 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. Xl. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. SCAO FY2006 9/05 15 of 15 XII. 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 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. Authorized By: State Court Administrative Office Date Acceptance by Grantee: Authorizing Official Signature and Title Date Chief Judge (Signature) Date Drug Court Judge (Signature) Date SCAO FY2006 9/05 16 of 15 ATTACHMENT A STATEMENT OF WORK Contractor agrees to undertake, perform, and complete the additional services as described below. It is understood and agreed that all other conditions of the original agreement remain the same. 1. Contractor is required to submit copies of the Quarterly Program Reports that detail the progress of each drug court program funded. Contractor must submit such reports to SCAO by the following dates: January 20, 2006 April 20, 2006 July 20, 2006 October 20, 2006 2. Contractor shall target non-violent probation violators and other non-violent felony offenders, particularly straddle cell offenders who have a prior record variable of 35 points or more, who based upon local sentencing practices, are otherwise bound for prison. Subcontractors shall refer to the Violent Offender definition outlined in 2004 PA 224 and ensure that such offenders will be excluded from drug court programs. 3. Contractor must comply with the Key Components of Drug Courts as specified by the U.S. Department of Justice, Drug Courts Program Office, and the National Association of Drug Court Professionals and as outlined by the following: Key Component #1 Drug courts integrate alcohol and other drug treatment services with justice system case processing. Key Component #2 Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights. Key Component #3 Eligible participants are identified early and promptly placed in the drug court program. Key Component #4 Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. Key Component #5 Abstinence is monitored by frequent alcohol and other drug testing. Key Component #6 A coordinated strategy governs drug court responses to participants' compliance. Key Component #7 Ongoing judicial interaction with each drug court participant is essential. Key Component #8 Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Key Component #9 Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations. DCH-0665FY2006 2/05 (W) Key Component #10 Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court effectiveness. 4. Contractors' budgets must reflect at least twenty-five percent (25%) hard cash match for first-year grants, a forty percent (40%) hard cash mach for second-year grants, a fifty percent (50%) hard cash match for third-year grants, and a sixty percent (60%) hard cash match for fourth-year grants. 5. In collaboration with the local Substance Abuse Coordinating Agency and consistent with the Memorandum of Understanding or agreement, a contractor receiving substance abuse treatment dollars through Byrne must use licensed and accredited substance abuse treatment providers. 6. Contractor must agree 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, the grantee 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. 7. Contractor must ensure that drug court participants are employed, seeking employment, or engaged in activities to enable them to be employed. 8. Contractor must ensure that a plea by participants is required; no deferred prosecution. 9. Contractor must ensure that treatment and rehabilitative services provided are based upon a comprehensive assessment of participant needs. Participation in cognitive behavioral and restructuring and 12-step programs are encouraged. 10. Contractor must ensure that participants make some payment toward drug court costs. Payments may be on a sliding fee scale, ability to pay basis. 11. The population served shall be targeted toward those as specified in # 2 of this attachment, as well as any additional criteria as determined through agreement with the Office of Drug Control Policy, the State Court Administrative Office, and the Department of Corrections. 12. Contractor agrees to obtain pre-approval from SCAO before any program or budget changes are implemented during the grant period. DCH-0665FY2006 2/05 (W) ATTACHMENT B.1 PROGRAM BUDGET SUMMARY View at 100% or Larger MICHIGAN SUPREME COURT-STATE COURT ADMINISTRATIVE OFFICE Use WHOLE DOLLARS Only PROGRAM DATE PREPARED Page Of CONTRACTOR NAME BUDGET PERIOD From: To: MAILING ADDRESS (Number and Street) BUDGET AGREEMENT AMENDMENT # ORIGINAL LI AMENDMENT n CITY STATE ZIP CODE FEDERAL ID NUMBER EXPENDITURE CATEGORY TOTAL BUDGET (Use Whole Dollars) 1. SALARIES & WAGES 2. FRINGE BENEFITS 3. TRAVEL 4. SUPPLIES & MATERIALS 5. CONTRACTUAL (Subcontracts/Subrecipients) 6. EQUIPMENT 7. OTHER EXPENSES 8. TOTAL DIRECT EXPENDITURES $0 $0 $0 $0 - (Sum of Lines 1-7) 9. INDIRECT COSTS: Rate #1 % INDIRECT COSTS: Rate #2 % 10. TOTAL EXPENDITURES $0 $0 $0 $0 SOURCE OF FUNDS 11. FEES & COLLECTIONS 12. STATE AGREEMENT 13. LOCAL 14. FEDERAL 15. OTHER(S) 16. TOTAL FUNDING $0 $0 $0 $0 AUTHORITY: P.A. 368 of 1978 The Department of Community Health is an equal COMPLETION: Is Voluntary, but is required as a condition of funding opportunity employer, services and programs provider. DCH-0385(E) (Rev 2-05) OM Previous Edition Obsolete. Also Replaces FIN-110 DCH-0665FY2006 2/05 (W) View at 100% or Larger Use WHOLE DOLLARS On! ATTACHMENT B.2 PROGRAM BUDGET - COST DETAIL MICHIGAN SUPREME COURT-STATE COURT ADMINISTRATIVE OFFICE Page Of PROGRAM BUDGET PERIOD DATE PREPARED From: To: CONTRACTOR BUDGET AGREEMENT ORIGINAL LII AMENDMENT AMENDMENT # 1. SALARY & WAGES POSITIONS COMMENTS TOTAL SALARY POSITION DESCRIPTION REQUIRED $0 $0 $0 $0 $0 _ $0 $0 1. TOTAL SALARIES & WAGES: 0 $ 0 2. FRINGE BENEFITS (Specify) • FICA • LIFE INS. •DENTAL INS COMPOSITE RATE • UNEMPLOY INS. •VISION INS. •WORK COMP AMOUNT 0.00°A •RETIREMENT •HEARING INS. •HOSPITAL INS. •OTHER (specify) _ 2. TOTAL FRINGE BENEFITS: $0 3. TRAVEL (Specify if category exceeds 10% of Total Expenditures) 3. TOTAL TRAVEL: $0 4. SUPPLIES & MATERIALS (Specify if category exceeds 10% of Total Expenditures) 4. TOTAL SUPPLIES & MATERIALS: $0 5. CONTRACTUAL (Specify Subcontracts/Subrecipients) Name Address Amount 5. TOTAL CONTRACTUAL: $0 6. EQUIPMENT (Specify items) 6. TOTAL EQUIPMENT: $0 7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures) 7. TOTAL OTHER: $0 8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) 8. TOTAL DIRECT EXPENDITURES: $ 0 9. INDIRECT COST CALCULATIONS Rate #1: Base $0 X Rate 0.0000 % Total $ 0 • Rate #2: Base $0 X Rate 0.0000 % Total $ 0 9. TOTAL INDIRECT EXPENDITURES: $ 0 10. TOTAL EXPENDITURES (Sum of lines 8-9) $ 0 AUTHORITY: PA. 368 of 1978 The Department of Community Health is an equal opportunity employer, services COMPLETION: Is Voluntary, but is required as a condition of funding and programs provider. , DCH-0386 (E) (Rev 2-05) (W) Previous Edition Obsolete. Also Replaces FIN-11 Use Additional Sheets as Needed DCH-0665FY2006 2/05 (W) Contractor Name: Contract #: Date: Contractor's Signature: Date: ATTACHMENT B.3 MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE EQUIPMENT INVENTORY SCHEDULE Please list equipment items that were purchased during the grant agreement period as specified in the grant agreement budget, Attachment B.2. Provide as much information about each piece as possible, including quantity, item name, item specifications: make, model, etc. Equipment is defined to be an article of non-expendable tangible personal property having a useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Please complete and forward to this form to SCAO's contract manager with the final progress report. Quantity Item Name Item Specification Tag Number Purchased Amount $ $ $ $ $ $ $ $ $ $ Total DCH-0665FY2006 2/05 (W) ATTACHMENT C PERFORMANCE / PROGRESS REPORT REQUIREMENTS A. Contractor shall submit the following reports on the following dates: Quarterly Progress: Reports are due quarterly and must be submitted to SCAO no later than: January 31, 2006, April 30, 2006, July 31, 2006 and October 20, 2006. B. Any such other information as specified in the Statement of Work, Attachment A, shall be developed and submitted by Contractor as required by the contract manager. C. Reports and information shall be submitted to: Ms. Carol Knudsen State Court Administrative Office Michigan Hall of Justice P.O. Box 30048 Lansing, MI 48909 D. The contract manager shall evaluate the reports submitted as described in Attachment C, Items A. and B., for their completeness and adequacy. E. Contractor shall permit SCAO or its designee to visit and to make an evaluation of the project as determined by contract manager. DCH-0665FY2006 2/05 (W) FINANCIAL STATUS 'REPORT ATTACHMENT D MICHIGAN SUPREME COURT-STATE COURT ADMINISTRATIVE OFFICE Contract Number Page Of Local Agency Name Program Code Street Address Report Period Date Prepared Thru Final City, State, ZIP Code Agreement Period FE ID Number Thru Category Expenditures Agreement _ Current Period Agreement YTD Budget Balance 1. Salaries & Wages 2. Fringe Benefits 3. Travel 4. Supplies & Materials 5. Contractual (Sub-Contracts) 6. Equipment 7. Other Expenses 8. TOTAL DIRECT 9a.Indirect Costs Rate #1:_% 9b.Indirect Costs Rate #2:_% _ 10. TOTAL EXPENDITURES SOURCE OF FUNDS: 11. State Agreement 12. Local 13. Federal 14. Other 15. Fees & Collections 16. TOTAL FUNDING CERTIFICATION: I certify that I am authorized to sign on behalf of the local agency and that this is an accurate statement of expenditures and collections for the report period. Appropriate documentation is available and will be maintained for the required period to support costs and receipts reported. Authorized Signature Date Title Contact Person Name Telephone Number FOR STATE USE ONLY Advance INDEX PCA A OBJ. CODE AMOUNT Advance Outstanding Advance Issued or Applied Balance Message Authority: P.A. 368 of 1978 The State Court Administrative Office is an equal opportunity, Completion: is a Condition of Reimbursement employer, services, and programs provider. DCH-0384(E) (Rev. 4/04) OM Previous Edition Obsolete DCH-0665FY2006 2/05 ON) ATTACHMENT E AUDIT STATUS NOTIFICATION LETTER (Required for subrecipient contactors claiming exemption from audit submission requirements) Please provide the following information, sign after the statement below, and mail this form to: Michigan Supreme Court-State Court Administrative Office, Office of Audit, Quality Assurance and Review Section, P.O. Box 30479, Lansing, MI 48909, or fax it to: (517) 373-0974. This form is due to SCAO within nine months after the end of Contractor's fiscal year. Please do not submit this form with your signed agreement. Agency Name: Address: Federal ID Number: For Agency's Fiscal Year Ended (month/date/year): Agency Contact Person (Name, Title, Phone #): The purpose of this letter is to comply with SCAO grant contract audit requirements. I certify that the agency listed above expended less than $500,000 in federal awards from all funding sources, and expended less than $500,000 total SCAO funding. I also certify that our agency's financial statement audit did not include any disclosures related to current or prior years that could negatively impact SCAO-funded programs. Therefore, we are not required to submit either a Single Audit or Financial Statement Audit to SCAO. Signature Print Name/Title Date DCH-0665FY2006 2/05 (W) Awards In-Kind/Other Total Drug Court Match Program Bud,czet Determine Total Drug Court Program Budget Cash Match 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 Match may be Byrne funds, In-Kind contributions, or other In-Kind Match is not allowed for the Byrne grant. vice versa, so that must be taken into consideration when designing your drug court program budget. SCAO's In-Kind/Other local sources. SCAO's Cash Match requirement may be local cash only, no federal (such as Byrne) or state funds may be used. 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% $30,000.00 $10,000 $40,000 5% Cash 20% In-kind/Other $2,000 $8,000 Byrne Award Byrne Match Total Byrne Budget 50% 50% 100% $105,000 $105,000 $210,000 SCAO Grant Amount ($30,000 + $41,000 SCAO 2005) 71,000 5% SCAO Cash Match (.05 X Total SCAO Budget) 2,000 20% SCAO In-Kind/Other Match (.20 X Total SCAO Budget) 8,000 _ Byrne available to match SCAO In-Kind/Other ($137,500 available) (105,000) Byrne Grant Amount 105,000 50% Byrne Match (.50 X Total Byrne Budget) 105,000 SCAO available to match Byrne ($30,000 + $41,000 FY2005 available) (71,000) Totals 176,000 36,000 0.00 212,000 Note that all of the SCAO In-Kind/Other match requirement is met by the Byrne award in this case, but only a portion of the Byrne match requirement is met by the SCAO award. This means that, in addition to the $2,000 cash requirement for SCAO, an additional $75,000 of funding is required to satisfy the Byrne Match requirement, of which $41,000 is SCAO FY2005 Page 1 Court Name: 66 Circuit Adult Treatment Court Program BUDGET SUMMARY Match SCAO Match Not SCAO 2005 Grant Total Cost Budget Category Covered by Byrne Grant Carry Request SCAO Cash (100%) SCAO Forward A Personnel $ 14,000 $ 74,000 $ 28,000 $ 116,000 B Fringe Benefits $ 7,000 $ 31,000 $ 13,000 $ 51,000 C Consultant/Contractual $ 9,000 $ 34,000 $ $ 43,000 Consultant/Contractual Travel E Supplies/Operating $ 2,000 $ 2,000 F Total Project Cost by Funding $ 30,000 $ 2,000 $ 34,000 $ 105,000 $ 41,000 $ 212,000 Source Summary of Drug Court Funding Sources G SCAO Grant Request $ 30,000 H SCAO Match - Local Cash (Minimum 5% of SCAO Grant Budget) 2,000 I SCAO Match - In-Kind 8,000 J SCAO Match - Other Funding Sources $ K SCAO Match - Byrne Funds $ 105,000 L Byrne Grant (ODCP/SCAO) $ 105,000 M Other Funding Sources (describe) 1. SCAO FY2005 Carry Forward Funds $ 41,000 2. Other Match $ 34,000 3. $ 4• $ 5. $ 6. $ N Total Other Funding Sources 75,000 0 Total All Funding Sources (sum lines G, H, L, and N) $ 212,000 Page 2 BUDGET NARRATIVE The budget narrative should justify all costs associated with the proposed project: A. PERSONNEL 1 Technical Aide: The Technical Aide's primary responsibility is data entry, which includes treatment progress reports, probation progress reports, and drug screen data. The Technical Aide is also responsible for preparing the necessary papers for the drug court sessions, file maintenance, orientation packets for new clients, final entries for clients who graduate or who are terminated from the drug court and running final reports, shredding of confidential papers that are no longer needed, checking the fax machine for client updates and entering that information into the computer, filing, and other duties as assigned. (PTNE position) Coordinator: The coordinator performs the job duties of staff supervision and training, backup coverage for probation officers' caseloads in staff absence, coordination of weekly case conferences, initial case screening for eligibility, liaison and contract oversight with service providers, and preparation and maintenance of program procedural manuals. Oakland County established the pay grade for this position as the equivalent of a "Community Service Coordinator". The incumbent is a tenured employee who is paid at the top of the salary grade, based on her experience and qualifications. (FTE position) Case Manager/Assessor: The Case Manager/Assessor would administer substance abuse assessments, screenings and case management functions. Serve as a member of the treatment court team and consult with members to develop case plans, evaluation progress, monitoring treatment compliance. Attend sessions of court, maintain statistical data, and generate ad hoc and periodic reports. The Case Manager may also be required to work outside normal business hours in order to participate in law enforcement ride-alongs, evening meetings with offenders, jail visits and provide other collateral contact and verification within the community, as necessary. (FTE position) B. FRINGE BENEFITS Benefits are paid according to the Oakland County Merit System. The rate for full time employees is estimated at 49% of the salary. The rate for part-time non-eligible employees is estimated at 9%. Page 3 C. CONSULTANT/CONTRACTUAL Treatment: Individual and family treatment is provided to drug court participants as part of the step-down process. Transitional Housing: Transitional housing is provided to drug court participants as a step-down from residential treatment, especially in cases where a participant has no family with which to reside, or the family home is considered an unstable situation. Technology Support: A Management Information System developed by ADE Corporation is the database to store all participant information. It is used in conjunction with the NEEDS assessment. A Scantron machine (Scanmark 2260) is the conduit for entering the assessment information into the MIS and setting up the initial information on a new participant. Art Experience: A Studio Fine Arts program for clientele of drug courts that provides a quality aesthetic experience through which individuals will increase artistic abilities and appreciation for the value of art in their lives, and in their recovery. D. TRAVEL (Excluding Consultants) Travel expenses represent costs of personal mileage for the staff. E. CONSULTANT/CONTRACTUAL TRAVEL N/A F. SUPPLIES /OPERATING This line item will be used to purchase urine test kits, and other supply items for the Adult Treatment court. Page 4 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 SCAO Cash Other Match Byrne Grant SCAO 2005 Total Technical Aide $ 15,303 $ 15,303 Coordinator $ 58,697 $ 58,697 Case Manager/IPO $ 14,000 $ 28,000 $ 42,000 Personnel Total $ 14,000 $ $ $ 74,000 $ 28,000 $ 116,000 B. Fringe Benefits [1 Employer FICA 7.65% I [ 1 Retirement 23.86% I [ 1 Hospital insurance 13.95% I [ ] Dental insurance 1.58% [ ] Vision insurance 0.18% [ ] Unemployment insurance 0.18% [ ] Workers' Compensation 1.36% H Life insurance 0.35% [I Other Disability 0.44% [j Other % Composite Rate 49.55% SCAO Grant SCAO Cash Other Match Byrne Grant SCAO 2005 Total Fringe Benefit Total $ 7,000 $ $ $ 31,000 $ 13,000 $ 51,000 Total Personnel and Fringe Benefits $ 21,000 $ $ $ 105,000 $ 41,000 $ 167,000 Page 5 C. Consultant/Contractual Name of Consultant/ Computation of Cost SCAO Grant SCAO Cash Other Match Byrne Grant SCAO 2005 Total Service Provided A Studio Fine Arts program for clientele of drug courts that provides a quality aesthetic experience through which individuals will increase artistic abilities and appreciation for the value of art in their lives, and in their recovery. Solutions to Recovery & Sequoia Recovery $ 9,000 $ 9,000 Service Provided Transitional housing expenditures for participants in the program. Office of Substance Abuse Serives providers and other providers i.e., Oakland Family Services $ 34,000 $ 34,000 Service Provided Various Treatment Providers 1 1 I I 1 1 I I I 1 Service Provided Service Provided Consultant/Contractual Total $ 9,000 $ $ 34,000 $ 43,000 Page 6 D. Travel Location/Type of Expense Computation SCAO Grant Local Cash Local In Kind Byrne Grant Other Total Purpose of Travel Purpose of Travel Purpose of Travel Travel Total $ $ $ $ $ $ E. Supplies/Operating Item Computation SCAO Grant SCAO Cash Local In-Kind Byrne Grant Other I Total Printing/Supplies/I ncen fives $ 2,000 $ 2,000 Total Supplies/Operating $ 2,000 Page 7 FY 2006 Grants-Federal Salaries Fringe Benefits $105,000 $105,000 $ 74,000 31,000 $105,000 FISCAL NOTE (MISC. #05294) December 8, 2005 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: CIRCUIT COURT - 2006 BYRNE GRANT PROGRAM CONTINUATION - ADULT - FROM THE MICHIGAN OFFICE OF DRUG CONTROL POLICY - CONTRACT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Community Health, Office of Drug Control Policy has awarded the Oakland County Circuit Court/Civil/Criminal Division Byrne Memorial grant funding in the amount of $105,000 for the period October 1, 2005 through September 30, 2006. 2. The total program cost is $212,919, which include $105,000 in Byrne grant funding and $107,919 in State Court Administrators Office (SCAO) grant funds. 3. The Byrne grant award of $105,000 requires no additional General Fund/General Purpose matching funds. 4. The grant award include continued funding for one (1) Community Service Coordinator position (43010301-09837) and one (1) PTNE Technical Aide position (43010301-10319), for a total personnel cost of $105,000. 5. The County is expected to incur administrative and support costs of $6,793 for 2006, which have been included in the FY 2006 budget. This grant does not allow for recovery of these costs. 6. According to the current agreement language, acceptance of this grant will not require the County to continue the program beyond the grant-funding period. 7. A budget amendment is recommended as follows: Special Revenue Fund 427190 Revenue 3010301-121200-610313 Expenditures 3010301-121200-702010 3010301-121200-722740 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Melton and Woodward absent. RufrJohndin, County Clerk Resolution #05294 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 APPROVE THE FOAMING RESOLUTION 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.