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HomeMy WebLinkAboutResolutions - 2005.12.08 - 27816December 8, 2005 REPORT (misc. 105297) BY: PERSONNEL COMMITTEE, GREGORY C. JAMIAN, CHAIRPERSON RE: CIRCUIT COURT/CIVIL/CRIMINAL DIVISION — FY 2006 MICHIGAN DRUG COURT CONTINUATION (SCAO) ADULT DRUG COURT GRANT ACCEPTANCE TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on November 30, 2005 Reports to the Board with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on unanimous roll call vote with Rogers, Hatchett and Nash absent. MISCELLANEOUS RESOLUTION #05297 December 8, 2005 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: CIRCUIT COURT/CIVIL/CRIMINAL DIVISION - FY 2006 MICHIGAN DRUG COURT CONTINUATION (SCAO) ADULT DRUG COURT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court 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 award from the SCAO is to be used as matching funds to the Byrne Memorial Grant award; and WHEREAS the total program budget of $212,919 which includes $107,919 funding for SCAO, and $105,000 for the Byrne Memorial grant; and WHEREAS the total SCAO program cost is $107,919 which includes $30,000 in State funding, $36,000 required cash matching funds, and carry forward of unspent fiscal year 2005 funds of $41,919; and WHEREAS the court intends to continue the Drug Court to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS grant acceptance continues funding for one (1) Community Corrections Specialist (3010301-10318), and deletes one (1) PTNE Court Service Officer II (3010301-10323) position; and WHEREAS in addition, this award provides funding for drug testing supplies and material, and contractual services for program evaluation and travel and conference; 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. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrators Office, Michigan Drug Court Program Grant in the amount of $107,919, which includes $30,000 from the State, $36,000 as the required County cash match, and $41,919 in carry forward funds. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract 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 the 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 this award continues funding for one (1) Community Corrections Specialist (3010301-10318), and deletes one (1) PTNE Court Service Officer II (3010301-10323) position. 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 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 2:10 PM 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 SCAO GRANT REVIEW - Circuit Court GRANT NAME: FY 2006 Michigan Drug Court Program / Adult Treatment Court (ATC) FUNDING AGENCY: Michigan State Court Administrative Office (SCAO) DEPARTMENT CONTACT PERSON: Libby Smith / 2-2195 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 (11/2/2005) Risk Management and Safety: Approved By Risk Management - Julie Secontine (10/29/2005) Corporation Counsel: Upon review of this grant contract, there do not appear to be any unresolved legal issues that require additional action at this time. However, as I am noting in my review of all the SCAO drug court grants, the SCAO has rewritten several sections of this Contract and added additional requirements with which the Court must comply. These all appear to be new, standard requirements since they are appear in all of the 2005-2006 SCAO drug or sobriety court contracts that I am reviewing. I would like to highlight them briefly and recommend that each court review the 2005-2006 contract because some of the changes may require minor modifications in reporting and other operating procedures. 1. the contract specifically requires compliance with the drug treatment court statute, 2004 PA 224. 2. the contract imposes an obligation to operate according to the ten key components of drug courts. (previously, the obligation was to operate in compliance with the key components of drug courts.) 3. the contract has very specific language that prohibits the contractor from supporting any inherently religious activities that are non-federally funded and requires that comparable secular alternatives must be available for those who object to religious activities. 4. the 5% cash match must come from local funds and cannot include federal or state dollars. 5. all subcontracts must be submitted to SCAO for review and approval 1 before they are executed. 6. all research involving human subjects must be submitted to the Michigan Department of Community Health's Institutional Review Board (IRB) for approval before the research is initiated. 7. the contract imposes new confidentiality requirements on the use of medical record information and requires compliance with HIPAA --to the extent that the statute applies. 8. the contract imposes new penalties for late reporting. 9. the contract gives SCAO the right to reduce future payments if it discovers earlier over-payments. 10. the contract clarifies termination processes. Again, I do not see a problem with these changes, but think it is important for everyone to be aware of them. - Karen Agacinski (10/31/2005) Si 1. Dintin A. Monk Deputy State Court Administrator 246-30S-S747 P.02 5173732)12 • - P.02/02 Jo-111 'Fab-06-01 01:16P makianzie • Fa-OS-111 12:47 r at: SCAO CENTRAL Michigan Suprime Court 5:t: Court AdritizOtratIve Office . P.O. Box Lansing, Michigan 48909 • • Phone 017) 371441•13 • lottn D. Terry,Jr..tmei CounAthairdanicr Fein-wry 2001 Hormrahte Brien MacKenzie 52" District Court 41150 Grand River:kW. . Novi, MI 48374-1221 . Dear Judge MaelC.eraiet Purauallt to Our CCardcrsaliOn this - •••n ' . :, regarding the Kchistm Drug Court Greed PrOgram, I am providing information concerning • - uranoe 04 in the application caascriaLs. The assurances included in the Kchigan prug Court Grant application materials are the t4ro same as the assurances required to apply for and apt federal program funding for drug court programs. Assurance 04 calls for the applicant provide atnuraTICe Of a program's haw to continuo funding whether that be froto local, o state, or federal sources of funding. The Michigan Drug Court Grant Program is a state-airvi hued praginIn funded with iirmiteci general fund dollars. The Amding is intended to assist in deveicping and intplesnenting new program and provide limited support to continuing programs. It is, however, the program's responsibility to eventually tank additicaial sour oos of funding. This should not be construed as a mandate for future fizzling of a program from the tbriding um If you have any Archer questions, please IlaraCt rile. • MEMO TO: Prentiss Malone, Financial Analyst FROM: Greg Givens, Fiscal Services DATE: October 27, 2005 Circuit Court - FY 2006 Michigan Drug Court Program / Adult Treatment Court - Michigan State Court Administrative Office (SCAO) 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 Michigan Drug Court Program / Adult Treatment 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 27,2005 Operating Department: Circuit Court Department Contact: Libby Smith Contact Phone: 248-452-2195 Other ID Number: Contract # SCAO 2006-005 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: Continuation of Current Positions: Continuation of Coordinator - #35301-09837, Technical Aide - #35301-10319, Comm Corrections Spec - #35301-0318 Grantor Funds: $30,000 ( FY2006 SCAO) Total Budget: $212,000 Match and Source: 5% Cash Match County Funded ($2,000), with 20% In Kind Match, covered by Byrne Grant 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. MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2006 GRANT CONTRACT 6th Circuit Court - Adult Contractor 38-6004876 Federal ID Number SCA0-2006-005 SCAO Grant Number $30,000 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. 2 Michigan Drug Court Grant Program - 2006 Page 3 B. Contractor shall operate its drug court project in accordance with the Ten Key Components of drug courts as outlined in the application guidelines. C. Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. D. Contractor agrees that funds awarded under this grant will not be used to support any inherently religious activities, such as worship, religious instruction, or proselytization. If Contractor refers participants to, or provides, a non-federally funded program or service that incorporates such religious activities: (1) any such activities must be voluntary for program participants, and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non-federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program participants, Contractor agrees to identify and refer participants who object to the inherently religious activities of such program or service to, or provide, a comparable secular alternative program or service. 6. Cash/In-Kind Match For courts receiving first- or second-year funding from the MDCGP, the state share of the grant project may not exceed seventy-five percent (75%) of the total SCAO project cost. At least twenty-five percent (25%) of the total project cost is a required match and must come from a combination of local cash, in-kind, or other sources. Cash contributions must constitute at least five percent (5%) of the total project cost. Cash contributions must be local cash and cannot include federal or state dollars. For courts receiving third-, 3 Michigan Drug Court Grant Program - 2006 Page 4 fourth-, or fifth-year funding, the state share of the project may not exceed sixty percent (60%) for the third year, with a required 40% match of which 10% must be cash; fifty percent (50%) for the fourth year, with a required fifty percent (50%) match of which fifteen percent (15%) must be cash; and forty percent (40%) for the fifth year, with a required sixty percent (60%) match of which twenty percent (20%) must be cash. 7. Assignments and Subcontracts All provisions and requirements of this contract shall apply to any subcontracts or agreements Contractor may enter into in furtherance of its obligations under this contract. Contractor shall provide copies of all subcontracts for services funded in whole or in part by this grant to the SCAO for review and approval prior to entering into a subcontract agreement and shall be responsible for the performance of any subcontractor. 8. Human Subjects Contractor must submit all research involving human subjects conducted in programs sponsored by SCAO, or in programs that receive funding from or through the State of Michigan, to the Michigan Department of Community Health's (MDCH) Institutional Review Board (IRB) for approval prior to the initiation of the research. 9. Confidentiality Both SCAO and Contractor shall assure that medical services to, and information contained in medical records of, persons served under this agreement, or other such recorded information required to be held confidential by federal or state law, rule, or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the 4 Michigan Drug Court Grant Program - 2006 Page 5 patient, except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals. 10. Health Insurance Portability and Accountability Act and 42 CFR Part 2 To the extent that this act and these regulations are pertinent to the services that Contractor provides to SCAO under this agreement, Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2 requirements including the following: A. Contractor must not share any protected health or other protected data and information provided by SCAO or any other source that falls within HIPAA and/or 42 CFR Part 2 requirements, except to a subcontractor as appropriate under this agreement. B. Contractor must require the subcontractor not to share any protected health or other protected data and information from SCAO or any other source that falls under HIPAA and/or 42 CFR Part 2 requirements in the terms and conditions of the subcontract. C. Contractor must only use the protected data and information for the purposes of this agreement. D. Contractor must have written policies and procedures addressing the use of protected data and information that falls under the HIPAA and/or 42 CFR Part 2 requirements. The policies and procedures must meet all applicable federal and state requirements including HIPAA and 42 CFR Part 2 regulations. These 5 Michigan Drug Court Grant Program - 2006 Page 6 policies and procedures must include restricting access to the protected data and information by Contractor's employees. E. Contractor must have a policy and procedure to report to SCAO unauthorized use or disclosure of protected data and information that falls under the HIPAA and/or 42 CFR Part 2 requirements of which Contractor becomes aware. F. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Section 20. Termination. G. In accordance with HIPAA and/or 42 CFR Part 2 requirements, Contractor is liable for any claim, loss, or damage relating to unauthorized use or disclosure of protected data and information received by Contractor from SCAO or any other source. 11. Independent Contractor Status A. Both parties to this contract will be acting in an independent capacity and not as an agent, employee, partner, joint venturer, or associate of one another. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose. B. Contractor understands and agrees that all persons furnishing services pursuant to this contract are, for purposes of workers' compensation liability or other actions of employee-related liability, not employees of SCAO or the Michigan Supreme Court. Contractor bears the sole responsibility and liability for furnishing workers' compensation benefits to any of its employees for injuries arising from or connected with services performed pursuant to this contract. 6 Michigan Drug Court Grant Program - 2006 Page 7 12. Indemnification Each party to this contract will remain responsible for any claims arising out of that party's performance of this contract as provided by the terms of this contract or applicable law. This contract is not intended to increase or decrease either party's liability for, or immunity from, legal claims. This contract is not intended to, nor will it be interpreted as, giving either party hereto a right of indemnification, either by contract or by law, for claims arising out of the performance of this contract. 13. Debarment and Suspension Contractor may not contract with or make any award of the SCAO drug court grant funds at any time to any party that has been debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." 14. Acquisition, Accounting, Record Keeping, and Inspection A. Contractor agrees that all expenditures from this contract, including the acquisition of personnel services, contractual services, supplies, and equipment, shall be in accordance with (1) the standard procedures of Contractor's unit of government and (2) the administrative and budget requirements of MDCGP. B. Contractor agrees to maintain accounting records following generally accepted accounting principles for the expenditure of funds for the purposes identified in the approved grant request, final approved budget, and any applicable approved contract addendum and/or budget amendment. C. Contractor agrees that the Michigan Supreme Court, State Court Administrative Office, the local government audit division of the Michigan Department of 7 Michigan Drug Court Grant Program - 2006 Page 8 Treasury, the State Auditor General, or any of their duly authorized representatives, including program evaluators and auditors, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, books, accounts, data, time cards, or other records related to this contract. Contractor shall retain all books, records, including all pertinent cost reports, accounting and financial records, or other documents related to this contract, for five (5) years after final payment at Contractor's cost; federal and/or state auditors, and any persons duly authorized by SCAO, shall have full access to and the right to examine and audit any of the materials during the term of this contract and for five (5) years after final payment. If an audit is initiated before the expiration of the five-year period, and extends past that period, all documents shall be maintained until the audit is complete. SCAO shall provide audit findings and recommendations to Contractor. SCAO may adjust future or final payments if the findings of the audit indicate over- or under-payment to Contractor for the period audited, subject to the availability of funds for such purposes. If an audit discloses an overpayment to Contractor, Contractor shall immediately refund all amounts that may be due SCAO. Failure of Contractor to comply with the requirements of this section shall constitute a material breach of this contract upon which the State Court Administrative Office may cancel, terminate, or suspend this contract. D. Contractor's accounting system must maintain a separate fund or account that segregates MDCGP contract receipts and expenditures from other receipts and expenditures of Contractor. 8 Michigan Drug Court Grant Program - 2006 Page 9 15. Accountability for Michigan Drug Court Grant Program Funds Contractor agrees that it will not expend funds obtained under this contract for any purpose other than those authorized in the administrative requirements and specified in the grant application and revised approved budget for the Michigan Drug Court Grant Program, and will expend grant funds only during the period covered by this contract unless prior written approval is received from SCAO. 16. Program Review and Monitoring Contractor shall give SCAO and any of its authorized agents access to the drug court at any reasonable time to evaluate, audit, inspect, observe, and monitor the operation of the program. The inspection methods that may be used include, but are not limited to: on- site visits; interviews of staff and drug court participants; and review of case records, receipts, monthly/quarterly statistical reports, and fiscal records. 17. Reports Contractor agrees to provide reports as identified in the application guidelines and administrative requirements for the Michigan Drug Court Grant Program to SCAO as follows: A. Financial Reports Financial reports are due quarterly, one month following each quarter of the fiscal year, with the exception of the 4th quarterly report which will be due October 10, 2006, in order to meet fiscal year-end reporting requirements. The financial quarterly reports will be due by January 31, 2006; April 30, 2006; July 31, 2006; and October 10, 2006. SCAO will provide copies of the financial report forms upon request. 9 Michigan Drug Court Grant Program - 2006 Page 10 B. Progress Reports Progress reports are due semi-annually. The reports will be due on April 30, 2006, and October 20, 2006. The progress reports will list the drug court program's goals and objectives, detail the status of accomplishments for each goal and objective, discuss any changes in the program's goals and objectives as set forth in the application for grant funding, and describe program activities during the reporting period. The final report must provide a summary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award. C. Drug Court Contractor Data Reporting All drug court recipients of implementation and continuation funding are required to submit to SCAO on a quarterly cycle the "Drug Court Data Collection Report." The quarterly reports will be due January 31, 2006; April 30, 2006; July 31, 2006; and October 20, 2006. Should a Contractor awarded funds for planning purposes become operational during the contract period, Contractor will be responsible for submitting the appropriate quarterly program reports for the quarter immediately following program implementation as required above for courts receiving implementation funding. Contractor is responsible for obtaining the appropriate quarterly report forms. D. Reporting Compliance Contractor is responsible for the timely submission of each required report as outlined in sections A, B, and C above. If any report is thirty (30) days past the due date, a delinquency notice will be sent out via email notifying courts that they have fifteen (15) days to comply with the reporting requirement. Forty-five (45) days past the due date, a forfeiture notice will be 10 Michigan Drug Court Grant Program - 2006 Page 11 sent out to courts via the U.S. Postal Service notifying them that their funding award has been rescinded due to contract noncompliance. E. Grant Funding Reallocation SCAO retains the right to reallocate grant funding if ongoing progress is not being made toward achieving the program's goals and objectives and/or in the implementation of the drug court grant project as defined in the approved grant request. Reimbursement for grant costs and/or future funding may be withheld or denied if any of the required reports in this section are delinquent or received thirty (30) days past their due date. 18. Reimbursement A. Method Contractor will be reimbursed in accordance with the staffing grant reimbursement method as follows: Reimbursement from SCAO is based on the understanding that SCAO funds will be paid up to the total SCAO allocation as agreed to in the approved budget. SCAO funds are first source after the application of fees and earmarked sources unless a specific local match condition exists. B. All Contractors should sign up through the online vendor registration process to receive all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits. Registration information is available through the Department of Management and Budget's web site at: http://www.cpexpress.state.mi.us . 19. Budget Modification Adjustments in expenditures up to $1,000 within line item categories in the approved budget and transfers up to $1,000 between line item categories in the approved budget 11 Michigan Drug Court Grant Program - 2006 Page 12 may be made without the prior written approval of SCAO. Requests for adjustments in expenditures within line items and between line item categories exceeding $1,000 must be made using a Budget Amendment Request form which can be obtained from SCAO. 20. Funding Hold or Termination SCAO may, at its election, place a funding hold on contracted amounts not yet disbursed, or terminate this contract if it concludes that Contractor is not in compliance with the conditions and provisions of this grant contract, the grant application guidelines and administrative requirements, or the budget requirements of the MDCGP. SCAO may extend an opportunity for Contractor to demonstrate compliance. Notification of a funding hold or termination will be in writing. 21. Agreement Termination SCAO may cancel this agreement without further liability or penalty to SCAO for any of the following reasons: A. This agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on thirty (30) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty (30) day period. 12 Michigan Drug Court Grant Program - 2006 Page 13 C. This agreement may be terminated immediately if Contractor, an official of Contractor, or an owner is convicted of any activity referenced in Section 13 of this agreement during the term of this agreement or any extension thereof. D. This agreement may be terminated immediately without further financial liability to SCAO if funding for this contract becomes unavailable to SCAO. 22. Conflict of Interest Contractor and SCAO are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq., MSA 4.1700(51) et seq., and 1973 PA 196, as amended, MCL 15.341 et seq., MSA 4.1700 (71) et seq. 23. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any litigation arising as a result of this agreement shall be resolved in courts of the State of Michigan. Authorized By: State Court Administrative Office Date Acceptance by Contractor: Authorizing Official (Signature and Title) Date Chief Judge (Signature) Date Drug Court Judge (Signature) Date 13 Awards Match Determine Total Drug Court Program Budget Cash Match Program Budget 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% $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 In-Kind/Other Total Drug Court 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: 6th 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 D 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 DruE Court FundinE Sources 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 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 [I Employer FICA 7.65% [ ] Retirement 23.86% [ ] Hospital insurance 13.95% [ 1 Dental insurance 1.58% [ ] Vision insurance 0.18% [ ] Unemployment insurance 0.18% [ 1 Workers' Compensation 1.36% [ ] Life insurance 0.35% II] Other Disability 0.44% [ ] 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 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 Total Printing/Supplies/Incentives $ 2,000 $ 2,000 Total Supplies/Operating $ 2,000 Page 7 $ 36,000 71,919 $107,919 Grant Match Grants-Federal FY 2006 Juror Fee & Mileage Grant Match ($ 36,000) $36,000 $ 0 FISCAL NOTE (MISC. #05297) BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: CIRCUIT COURT/CIVIL/CRIMINAL DIVISION - FY 2006 MICHIGAN DRUG COURT CONTINUATION (SCAO) ADULT DRUG COURT 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 Circuit Court/General Jurisdiction Adult Drug Court has received a grant award from the State Court Administrators Office (SCAO), for the Adult Drug Court, in the amount of $30,000 providing funding for the grant period of October 1, 2005 through September 30, 2006. 2. The total program cost is $212,919, which include $107,919 in SCAO funds and $105,000 from the Byrne Memorial grant. 3. The total SCAO program funds are $107,919, which include $30,000 in SCAO grant funding, $36,000 in required County cash match, and $41,919 in carry forward calendar year 2005 SCAO grant funds. 4. The grant award provides continued funding of one (1) FTE Community Corrections Specialist position (#3010402-10318), and discontinues funding for one (1) PTNE Court Services Officer II position (#3010402-10323), for total personnel cost of $62,000. The grant award also funds $43,000 for professional services and $2,919 in laboratory and drug testing supplies. 6. In addition to the County match requirements, the County is expected to incur administrative and support costs of $3,856 for 2006, which has been included in the FY 2006 budget. This grant does not allow for recovery of these costs. 7. According to the current agreement language, acceptance of this grant will not require the County to continue the program beyond the grant-funding period. 8. An amendment to the FY 2006 Budget is recommended as follows to recognize the continued funding from SCAO to the Circuit Court Family Division - Juvenile Drug Court, and to transfer projected favorable budget variance in Juror Fees and Mileage to cover the Grant Match: December 8, 2005 5. General Fund #10100 Expenditures 3010301-121200-731010 3010301-121200-730800 Special Revenue Fund #27140 Revenues 3010301-121200-620467 3010301-121200-610313 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Melton and Woodward absent. Expenditures 3010301-121200-702010 3010301-121200-722740 3010301-121200-731444 3010301-121200-732018 3010301-121200-750280 Salaries Fringe Benefits Consultant Travel and Conference Lab. Supplies $ 42,000 20,000 43,000 0 2,919 $107,919 FINANCE COMMITTEE I HEREBY • THE FOREGOING RESOLUTION / /21/ /0 Resolution #05297 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). 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. Rut sialineetunty Clerk