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HomeMy WebLinkAboutResolutions - 2005.03.10 - 27908March 10. 2005 REPORT (misc. #05042) BY: PERSONNEL COMMITTEE, GREGORY C. JAMIAN, CHAIRPERSON RE: PROSECUTING ATTORNEY, CIRCUIT COURT/FAMILY DIVISION AND PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION — PROGRAM YEAR 2005 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) ACCEPTANCE TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on March 2, 2005 Reports to the Board with the recommendation the resolution 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. 4 MISCELLANEOUS RESOLUTION #05042 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: PROSECUTING ATTORNEY, CIRCUIT COURT/FAMILY DIVISION AND PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION — PROGRAM YEAR 2005 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Family Independence Agency has awarded grant funding to the Prosecuting Attorney, Circuit Court/Family Division and Community Corrections Division under the Juvenile Accountability Block Grant (JABG) for the period of April 1, 2005 through March 31, 2006; and WHEREAS this is the seventh (7th) year of grant acceptance for this program; and WHEREAS this grant award has been processed through the County Executive's Contract Review Process and the Board of Commissioners' Grant Application Procedures; and WHEREAS the Michigan Family Independence Agency approved the grant application as submitted, and awarded Oakland County a federal pass-through grant totaling $421,393 of which $379,255 is from the State as a Federal pass-through, and the balance of $42,138 is the County's match amount; and WHEREAS the required County match of $42,138 is included in the FY 2005/FY 2006 Adopted Budget. WHEREAS the grant award provides funding of the following: Prosecuting Attorney Teen Court and School Violence programs; a portion of the Circuit Court/Family Division's Juvenile Drug Court; and a portion of the Public Services/Community Corrections Division's InStep program (see attachments A, B, C and D); and WHEREAS the grant award provides funding for one (1) SR Paralegal (position number 41201- 09818), one (1) SR Probation Officer I (position number 41201-09330), and one (1) SR Social Worker I (position number 41101-09819 which will sunset on December 24, 2005) in the Prosecuting Attorney's Office; and WHEREAS the grant award provides funding for one (1) SR Youth & Family Caseworker II (position number 35402-09711) in the Circuit Court/Family Division Juvenile Drug Court; and WHEREAS the grant award provides funding for one (1) SR Community Corrections Specialist II (position number 17410-09820); and WHEREAS the grant discontinued funding (50%) for one (1) SR Supv.-Community Corrections (position number 17410-09396) in the Community Corrections Division as part of the FY 2005 Adopted Budget. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the Michigan Family Independence Agency in the amount of $421,393, including County match of $42,138 for the period of April 1, 2005 through March 31, 2006. BE IT FURTHER RESOLVED that one (1) SR Social Worker I (position number 41101-09819) in the Prosecuting Attorney's Office will sunset effective December 24, 2005. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which is consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, and continuation of the special revenue positions in the grant are contingent upon continued future levels of grant funding. BE IT FURTHER RESOLVED that future level of service, including personnel , will be contingent upon the level of funding available from the State for this program. 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. GRANT REVIEW — Multi Departmental GRANT NAME: PY 2005 Juvenile Accountability Block Grant (JABG) FUNDING AGENCY: Michigan Family Independence Agency DEPARTMENT CONTACT PERSON: Greg Givens, Fiscal Services / 84057 STATUS: Acceptance DATE: February 22, 2005 Pursuant to Misc. Resolution 401320, 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 both Human Resources and 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 (2/15/2205) Department of Human Resources: Approved. Position number 41101-09819 should be sunset on 12/31/05 in light of partial year funding. — Nancy Scarlet (2/21/2005) Risk Management and Safety: Approved. - Gerald Mathews (2/15/2005) Corporation Counsel: After reviewing this grant application, there appear to be no unresolved legal issues that require additional action. However, please be aware of the following provisions/requirements related to the County's performance under this contract, since they require some additional planning and lead time. FIA must approval of all subcontracts before they are executed. All subcontracts must include the non-discrimination and lobbying disclosure clauses. The contract contains language that permits FIA to change reporting requirements at any time. It also retains to FIA the right to review, in advance, all printed promotional materials, in advance of their dissemination. — Karen Agacinski (2/22/2005) 4. Award PY 2004 Application PY 05 Award PY 05 Variance PY 2004 Award to PY 05 Award 3 3 3 58,010 6,445 $ 64,455 $ 204,808 $ 73,538 $ 58,010 $ 8,171 6,445 $ 81,709 $ 64,455 $ 200,942 $ 204,808 (15,528) (1,726) (17,254) 3,866 $ 107,310 11,923 $ 119,233 $ 126,318 14,035 $ 140,353 $ 126,318 14,035 $ 140,353 19,008 2,112 21,120 $ 78,079 34,689 4,744 1,721 $ 119,233 $ 87,021 $ 46,867 4,744 1,721 $ 140,353 $ 87,021 46,867 4,744 1,721 140,353 8,942 12,178 0 0 21,120 Attachment A Prosecuting Attorney Juvenile Accountability Block Grant (JABG) Comparison of PY 2004 Award to PY 05 Grant Award Number of positions* Dept OCA PCA Obj Revenue Teen Court 41 501063 41800 113 Grants-Federal 41 501063 41800 167 Grant Match School Violence 41 501063 47100 113 Grants-Federal 41 501063 47100 167 Grant Match Total Expenditures Teen Court 41 401063 41800 2001 Salaries 41 401063 41800 2075 Fringe Benefits 41 401063 41800 6636 1.T. Operations 41 401063 41800 6675 Telephone Comm. School Violence 41 401064 47100 2001 Salaries 41 401064 47100 2075 Fringe Benefits Total 53,283 28,426 81,709 200,942 42,053 22,402 $ 64,455 $ 204,808 42,053 22,402 $ 64,455 $ 204,808 (11,230) (6,024) (17,254) 3,866 *School Violence position will sunset in December leaving 2 positions. 1 1 1 3,049 6,818 After Care (IRAP) 35 401062 65000 3348 Professional Services 8,000 (8,000) Attachment B Circuit Court/Family Division Drug Court Juvenile Accountability Block Grant (JABG) Comparison of PY 2004 Award to PY 05 Grant Award Award PY 2004 Application Award PY 05 PY 05 Variance PY 2004 Award to PY 05 Award Number of positions Dept OCA PCA Obj Revenue 35 501062 28000 113 Grants-Federal 35 501062 28000 167 Grant Match $ 180,950 $ 117,830 $ 117,830 20,105 13,092 13,092 $ 201,055 $ 130,922 $ 130,922 (63,120) (7,013) (70,133) Expenditures Drug Court 35 401062 35 401062 35 401062 35 401062 35 401062 28000 28000 28000 28000 28000 2001 Salaries 2075 Fringe Benefits 3292 Personal Mileage 3348 Professional Services 6636 I.T. Operations $ 49,680 20,954 1,250 46,867 2,304 $ 52,729 $ 52,729 $ 27,772 27,772 1,250 1,250 46,867 46,867 2,304 2,304 Stride Program 35 401062 66000 3348 Professional Services 72,000 (72,000) $ 201,055 $ 130,922 $ 130,922 $ (70,133) Number of positions 1.5 1 1 -0.5 Attachment C Community Corrections In-Step Progran Juvenile Accountability Block Grant (JABG) Comparison of PY 2004 Award to PY 05 Grant Awan Variance Award Application Award PY 2004 Award PY 2004 PY 05 PY 05 to PY 05 Award Dept OCA PCA Obj Revenue 17 501061 70500 113 Grants-Federal $ 113,074 $ 77,097 $ 77,097 $ (35,977) 17 501061 70500 167 Grant Match 12,563 8,566 8,566 (3,997) $ 125,637 $ 85,663 $ 85,663 $ (39,974) Expenditures 17 401061 70500 2001 Salaries $ 80,560 $ 52,347 $ 52,347 $ (28,213) 17 401061 70500 2075 Fringe Benefits 40,109 28,348 28,348 (11,761) 17 401061 70500 3324 Printing 844 844 844 17 401061 70500 6636 I.T. Operations 2,304 2,304 2,304 17 401061 70500 6675 Telephone Comm. 1,820 1,820 1,820 $ 125,637 $ 85,663 $ 85,663 _ $ (39,974) Number of positions Award Application PY 2004 PY 05 5.5 Award PY 05 5 Variance PY 2004 Award to PY 05 Award -0.5 5 Attachment D Juvenile Accountability Block Grant (JABG) JABG Grant Totals Comparison of PY 2004 Award to PY 05 Grant Award Obj Revenue 113 Grants - Federal 167 Grant Match $ 474,872 52,762 $ 527,634 $ 379,255 $ 379,255 42,138 42,138 $ 421,393 $ 421,393 (95,617) (10,624) $ (106,241) Expenditures 2001 Salaries 2075 Fringe Benefits 3292 Personal Mileage 3324 Printing 3348 Professional Services 6636 I.T. Operations 6675 Telephone Comm. $ 261,602 124,178 1,250 844 126,867 9,352 3,541 $ 527,634 $ 234,150 125,389 1,250 844 46,867 9,352 3,541 $ 421,393 $ 234,150 $ (27,452) 125,389 1,211 1,250 844 46,867 (80,000) 9,352 3,541 - $ 421,393 $ (106,241) • Michigan Family Independence Agency — Office of Contracts and Rate Setting BJJ/Accountability Block Grant Contract (CM-F158) — Actual Cost Cover Sheet Grantee Name: Grant #: Oakland County JAIBG-05-63001 Amount: $ 421,393.00(Total) $379,255.00 I (Federal) $42,138.00 (Local Match) CS-138#: Expires: Commodity Code: Mail Code: NJ N/A 92460 E00 Contract Administrator: Phone #: Sandy Buzzitta (517) 335-6139 SS# or Fed. I.D. # Award Status: 3 8- 6 0 04 8 7 6 Bid I Sole Source D Fair Market Rate Begin day and month of Contractor's fiscal year: 1st day of month October month of year Audit Status: Vendor No Federal Funds Faith Based: Sub-recipient If checked, record CFDA numbers(s) below Y 16.523 es No Count(ies): Oakland County Org. Type: Private, Non-profit Private. Proprietary Public Payment Type: [ElActual Cost Unit Rate Fair Market Rate Contractor is a state employee: Contractor is a retired state employee: IIII Yes No _ Yes I No Index Code: PCA: AOC: 65250 47760 6325 Services: Juvenile Accountability Contract Administrator's Checklist Indicate below which steps have been completed in the contracting process. Required documents must be on file in the local or program office or forwarded to OCRS as appropriate. Z Application (Program Plan) reviewed and approved by Program Office ZI Evaluation Summary (For renewal contracts) received by Program Office: Z Subcontract(s) (To be collected at site reviews) Cost Documentation (Indicate type of documentation) Z Application Budget Reviewed and approved by contract administrator on: Z Administrative Board Request (If contract exceeds $25,000 for total contract period) I affirm that the General Provisions, as contained in Article III of standard FIA contract format have not been changed in this Agreement. Signature of Contract Administrator: Date: Contract/Coordinator: r JAI BG-05-63001 Oakland $379,255.00 Actual Cost Grant No: County: Contract Amount: Method of Payment: AGREEMENT between Agency Michigan Family Independence (MFIA) 235 South Grand Avenue P.O. Box 30037 Lansing, Michigan 48909 Oakland County 1200 North Telegraph Road Fiscal Services Division Bldg. #34 Pontiac, Michigan 48341-0403 This Agreement is effective from April 1, 2005, through March 31, 2006. I. GRANTEE RESPONSIBILITIES A. Program Description Purpose Area #11 - Accountability - Teen Court: The plan of action is to directly address the identified needs in this area by continuing the program of Teen Court which was implemented by the Prosecutor's Office in January of 2000. The project provides enhanced system options using a restorative justice model within a peer setting. Teen Court is a term describing a voluntary diversion program for first-time juvenile offenders, which involves youth and the community in the justice system. Additionally, the Teen Court will increase the capacity to develop youth competence and responsibility. Cases are referred to the Teen Court by local law enforcement, the Family Court, the Prosecuting Attorneys Office, the City Attorneys Office, Parents and School Officials. Cases which may be considered for Teen Court are those involving lower-level misdemeanor crimes such as Minor in Possession of Alcohol, Possession of Marijuana, Possession of Tobacco, Assault & Battery, Retail Fraud II & Ill, Violation of Curfew, Reckless Driving, and Malicious Destruction of Property. If the referral is accepted, the juvenile may avoid having a delinquency record by offering a plea to the charges and appearing before the Teen Court Jury for sentencing. At the Teen Court session, the Jury, Prosecuting Attorney, Defense Attorney, Bailiff and Court Clerk are youth volunteers who have been previously trained by the Teen Court Staff. The Judge is a District or Family Court Judge or an adult attorney who has also volunteered his/her time to act as Teen Court Judge. Upon listening to a presentation of the facts by the Teen Prosecuting Attorney and Teen Defense Attorney, the Teen Jury deliberates and returns with a constructive sentence derived from a pre-approved list of sentencing alternatives. These alternatives may include community service, restitution, apologies, essays and future service on a Teen Court Jury. It is important to note that jurisdictions which have an operating Teen Court report less than a 10% recidivism rate following successful completion of the Teen Court program. The Teen Court Coordinator position has incorporated the Probation Officer duties and will continue the following job responsibilities: 1) Recruit, train and supervise youth volunteers from area schools 2) develop curriculum and agendas for school training's 3) Conduct training's with the support of the Teen Court Paralegal, if necessary 4) Receive and review referrals for eligibility and conduct diversion meetings, if necessary 5) If the case does not meet Teen Court's criteria for eligibility, follow up with referral source and juvenile offender's family for denial 6) Schedule Teen Court Session dates with the various local district courts 7) Select and schedule volunteers for session 8) Select and schedule juvenile defendants and defendant jurors for session 9) Create and post Teen Court session dates to recruit adult volunteers 10) Draft and mail letters to all victims regarding victim rights and restitution information 11)Confirrn volunteers and defendants 2-3 days prior to session 12) Schedule and confirm adult volunteer mentors for session 13) Create and copy protocol for session 14) Mentor at session, if necessary 15) Meet with parents and juvenile offenders at session to discuss courtroom procedures 16) Check in all teen volunteers at session 17) Meet with parents and juvenile offenders after session to discuss details of the imposed sentence 18) If the defendant failed to appear at session follow-up with phone calls to determine reason 19) Supervise the daily activities of the Teen Court Paralegal 20) Respond to and resolve difficult and sensitive cases, inquiries and evaluations 21) Perform public relations activities such as representing the Teen Court to youth, law enforcement and civic organizations 22) Perform related duties as assigned 23) Review all probation files weekly to monitor probationer's progress 24) Receive, file and verify documents from juvenile probationers regarding sentence completion 25) Draft and mail victim impact statement and restitution form to victims if relevant 26) Ensure restitution is given to victims 27) If the case is denied or if the defendants failed to complete their sentence, forward case information and petition to the Juvenile Warrants Division of the Oakland County Prosecutor's Office, where it will be reviewed for formal prosecution 28) Draft and send sentencing letters to defendants, cc: to investigating officer after a court session 29) Enters all sentencing information into Access database 30) Make random phone calls to enforce curfew (from home, on evenings and weekends) 31) Draft and mail completion letters to successful probationers and referring officer 32) Review all probation files weekly to monitor probationers' progress and ensure timely completion of sentence 33) Draft and send verification letters to probationer's regarding curfew, chores, reimbursement, etc 34) Draft and send "progress letters", related phone calls and visits to probationers if necessary 35) Coordinate specific sentences with outside agencies, and programs (MADD victim impact panel) random drug testing, educational programs and related referrals 36) Enter all current sentencing progress information into Access database 37) Close case per procedure, -2- updates database record/statistics including draft and mail completion letters to successful probationers and referring officer 38) Return all phone calls to parent's/probationers, regarding compliance and status questions, make adjustments to sentencing requirements if necessary 39) Read and review all probationers required essay and apology letters for compliance and appropriateness before filing or forwarding to a victim 40) Telephone and written letters to verify and confirm community service hours were performed. 41) Approve type of "community service" suggested by probationers to fulfill sentencing 42) Schedule Teen Court Jury duty for Teen Court Case Sessions for Probationers. The Teen Court Paralegal will continue the following job responsibilities: 1) Assist Coordinator with conducting school training's 2) Copy all documents for school training's per the Coordinator 3) Assist Coordinator in selecting and scheduling volunteers for Teen Court Sessions 4) Maintain an updated Microsoft Access database regarding Teen Court statistics including: sessions, volunteers, juvenile offenders and recidivism rate 5) Maintain current information on the evaluations of program i.e. defendants, parents of defendants, participating schools 6) Run criminal background checks on cases to determine eligibility 7) Create physical case files 8) Write case scenarios prior to diversion meetings 9) Conduct diversion meetings as scheduled by Coordinator 10) Mail out all volunteer, defendant and defendant jury duty letters 11) Attend and assist at all Teen Court sessions, mentor if necessary and assist Bailiff/Clerk 12) Draft and mail sentencing letters to juvenile defendants after session 13) Maintain all forms and records 14) Upon case denial, ensure that there is a Prosecutor's Order number issued by the Warrants Division for formal prosecution 15) Create power-point presentation in support of Teen Court Program. Purpose Area # 12 - Risk and Assessment - In Step Program: The In Step program was created based on concerns expressed regarding resources for juveniles with behavioral and substance abuse issues. Many juveniles were committing multiple delinquent behaviors over a period of time without experiencing any consequences from the juvenile justice system. Recognizing that the Family Court was not designed to accommodate all behavioral issues, the In Step program was created to provide systematic evaluation of adolescents with behavioral or substance abuse issues. The 1995 national statistics on juvenile court processing of all delinquency cases shows that close to half of those were informally processed (45 percent), and, of all informally and formally processed cases, large proportions were dismissed (37 percent) (Mears and Kelly, 1999). The In Step program was the first of its kind in Oakland County. There is no other program that provides a one-stop shop so that juveniles and their families can receive all needed treatment at one place. Prior to In Step, adolescents and their families have been expected to seek services from several different locations. -3- This would entail the parents having to make numerous appointments and travel throughout Oakland County to attend these agencies. Thus, creating a lot of frustration and ultimately not obtaining the treatment that their son or daughter needed. There is a large collaboration between several governmental and private agencies that are working with the In Step program. The local police departments (Troy, Waterford and Pontiac) and the School Districts are the primary referral source for the programs. Referrals are also made from the Family Court Probation Department, District Court, Youth Assistance, Collaborative Solutions, parents, and the juveniles themselves. All parties involved meet on a quarterly basis for case conferencing and brainstorming new ideas that could be implemented at In Step. The In Step program recently expanded to the Pontiac School District in December 2003. In Step - Pontiac is located in Pontiac Central High School. Two Community Corrections Specialists / Case Managers are assigned to the program, along with a full time mental health therapist from Family Mental Health - Easter Seals. The program hours mirror the hours of the high school (7 a.m. - 3:30 p.m.). During the business hours, intakes are conducted, groups are facilitated and intervention is provided to the students. In Step is available for immediate crisis intervention and is facilitating groups during the school day which has alleviated a lot of the transportation issues for participants and parents. Beginning this fall, a new Friday program is starting with Jefferson Junior High Alternative Education program. The students attending the altemative education program will also be attending In Step every Friday during their suspension. Students that are exhibiting substance abuse, mental health or anger management problems will attend Fridays and will receive treatment according to their needs so that when they return to their home school, they will be more successful in their transition. In both the Troy and Pontiac sites, In Step will be offering the following groups: Level One Substance Abuse Education -8 week didactic facilitate by JEC Counseling (Pontiac) and Catholic Social Services (Troy). The Oakland County Office of Substance Abuse funds this group. Anger/Emotional Awareness Group - A therapeutic group facilitated by a mental health therapist from Family Mental Health - Easter Seals. Individual and Family Counseling - Mental health clinician provided by Family Mental Health - Easter Seals. -4- Alternative to Suspension Smoking group - in lieu of suspension, a school may refer a student to attend this three-day group that discusses the hazards of smoking. Teen Girls Support Group - Co-facilitated group with mental health/public health nurse and In Step staff that discusses day to day pressures facing teenage girls today. Boys Support Group - Facilitated by Common Ground Sanctuary. Say It Straight - This group which is facilitated by In Step staff focuses on: Recognition of past behavior; awareness of present behavior; awareness of anticipated behavior; awareness of deepest wishes for positive behaviors; choosing behaviors congruent with one's deepest wish and implementing the new choices. This is a cognitive based program that works with youth to promote positive choice making and communication skills in all domains of their lives. Say It Straight has been recognized by the U.S. Department of Education and SAMHSA as a Promising Program for Safe Disciplined and Drug-Free Schools as a Science-Based Prevention Program. In addition, participants are provided: -Case management and supervision: The Community Corrections Specialists / Case Managers are assigned and they complete the initial intake and assessment along with the treatment plan with the adolescent and their parent/guardian. They are the liaison between all services that the adolescent receives while participating in In Step and the referral source. The Community Corrections Specialists / Case Managers document all happenings of the adolescent and provide monthly reports (or as needed) to the referral source. The Case Managers also act as a mentor/support staff to the family and participant as they go through the program and if they are involved in juvenile court. They meet with the adolescent and/or their family members at a minimum of monthly to discuss their progress while involved in In Step. In addition, the Community Corrections Specialists / Case Managers also perform the following: -School and home visits and teacher contact -Drug and alcohol testing -Coordinate if needed - psychiatric and medication review -Life skills classes . . The In Step program is also saving taxpayer dollars by providing treatment And intensive supervision within the community, thus eliminating the need to lock up these troubled youth. Insteps program standard combined with the partnerships in the community are providing alternatives rather than petitioning the youth into the court system or removing them from their home. Purpose Area # 13 - Prosecutor-led Youth Violence - School Violence Program: The plan of action to combat school violence is in the area of hiring one grade 11, Social Worker to work with Oakland Schools to train and develop programs to reduce the incidences of school violence. The School Violence Program Coordinator would be the lead trainer in the Bully Proofing Your Schools program in the elementary and middle school setting. High school training is also being offered utilizing the extension of materials being written into the high school version of Bully-Proofing Your School. This individual would be responsible for scheduling and training staff throughout the district. This individual would also be responsible for reviewing pertinent literature and programs on school violence and act as a resource person for Oakland Schools and the Oakland County Prosecutors Office. Additionally, this staff may be called upon for presentations to PTAs and other community based groups. Because this problem has so many far reaching implications, it would not be unreasonable to have this position focus on truancy programs, teen violence and the coordination of a First Response team if necessary. Purpose Area #8 - Juvenile Drug Court: This program directly addresses the problem of high recidivism among juvenile offenders who abuse substances, by providing funds for intensive supervision and treatment. Based upon a national model, the juvenile drug court offers a community-based intervention strategy, with close monitoring, frequent judicial contact, regular drug testing, and a comprehensive array of assessment and treatment services. The mission of the Oakland County Family-Focused Juvenile Drug Court is to promote public safety and reduce juvenile drug crime rates by helping youths and their families achieve drug free life-styles and stronger family relationships. The goals are to reduce drug use, reduce recidivism, reduce the use of costly out-of-home placements, and improve the overall functioning of the youth and families. The target population is adjudicated youth who: have a non-violent offense history, have a documented substance abuse history requiring intensive outpatient treatment, are repeat offenders, unless otherwise ordered, and agree to participate, along with their parents, in drug court activities. Eligible youth who have been screened, and have received a comprehensive substance abuse evaluation through the Oakland County Office of Substance Abuse Services, enter a 10-12 month program. The program consists of three phases and an aftercare component. During each phase, the youth and family meet regularly with the -6- Juvenile Drug Court Judge, submit to frequent random drug testing, and participate in specialized substance abuse treatment. Tangible incentives are provided for clean drug screens and compliance with other program requirements, and there are sanctions in response to positive drug tests or other program infractions. Continuation of JABG funding will be used to fund one FTE Youth and Family Caseworker assigned to the role of Juvenile Drug Court Probation Specialist. Additionally, funds will pay for staff mileage, drug testing and substance abuse treatment for program participants. B. The Grantee shall maintain and enforce the substance abuse testing policy as submitted by the Grantee in application for this Grant and as approved by FIA. C. Local Juvenile Crime Enforcement Coalition: The board shall include representation from, if appropriate, (1) The State or local police department; (2) the local sheriff's department; (3) the State or local prosecutor's office; (4) the State or local Juvenile Court; (5) the State or local probation office; (6) the State or local educational agency; (7) the State or local social services agency; (8) a nonprofit, non-governmental victim advocacy organization; and (9) a nonprofit, religious or community group. D. Service Documentation The Grantee agrees to maintain program service records required by the HA, program statistical records required by the FIA, and to produce program narrative and statistical data at times prescribed by, and on forms furnished by, the FIA. E. Evaluation Reporting Requirements 1. The Grantee shall comply with all program and fiscal review reporting procedures established by the FIA. 2. The Grantee shall submit to the FIA all JABG Expenditure, Performance Measurement and Program Reports that indicate the status and effectiveness of activities performed under this Agreement as indicated: a. Performance Measurement Reports must be submitted on a monthly basis prior to submitting the monthly financial report. b. Submit the Monthly Financial Reports on a monthly basis by the 15 th of the month: Personnel, Fringes, Construction, Consultant/Contractual, Travel, Supplies/ Operating, and Equipment. -7- CFDA #16.523 FFP%90 c. Submit the Biannual Progress Reports on a biannual basis: Program Objectives and Narrative and Purpose Area Expenditures to date. d. Submit a year-end Final Expenditure and Program Report to contain the following information within 60 days after termination of this Grant Award: Program Objections and Narrative and Purpose area expenditures to date. e. These reports shall be submitted via the Michigan Automated Grant Information Connection (MAGIC) @ www.MAGlastate.mi.us/FIA: Michigan Family Independence Agency Bureau of Juvenile Justice Federal Grants Unit 235 South Grand Avenue, Suite 404 Lansing, Michigan 48909 F. Audit Requirements Subrecipient Relationship This Agreement constitutes a subrecipient relationship with F1A. The Grantee is required to comply with all federal regulations that related to the accounting and auditing of the federal award used to fund this contract. This includes, but is not limited to, compliance with OMB Circular A-133. Regulations applicable to funding sources are included in the Federal Catalog of Domestic Assistance (CFDA). The CFDA number and federal financial participation (FFP) rate FIA plans to use for this agreement are: FIA may change the CFDA # and/or FFP rate during the course of this agreement. CFDA numbers and FFP rates for this agreement shall be posted quarterly on the FIA web site. The Grantee is required to check the web site to obtain up to date information regarding the CFDA numbers. The Grantee may consult the following website address to obtain CFDA numbers, payments, and other audit information: http://www.mfia.state.mi.us/01A/CFDA-FFP-New.asp FIA agrees to participate in audit cost related to the audit as described in other sections of this contract. -8- Reporting Requirements If the grantee required per OMB Circular A-133 to have a Single Audit performed, the grantee must submit the Reporting Package and an Audit Transmittal Letter to the FIA Office of Internal Audit at the address that follows and in accordance with the time frame established in the Circular. Reporting Package includes: 1. Financial statements and schedule of expenditures of Federal awards 2. Summary schedule of prior audit findings 3. Auditor's report(s) 4. Corrective action plan Audit Transmittal Letter The grantee is responsible to identify in the Audit Transmittal Letter all organizations it operates that administer FIA subrecipient programs and the different names the grantee may use to contract with FIA. The grantee is responsible for proper completion and submission of the Audit Transmittal Letter. This letter, to be accurately processed by FIA, must include the following information: 1. Grantee's name as reported in the FIA contract(s) 2. Grantee's Federal Identification number(s) as reported in the FIA contract(s) 3. Grantee's fiscal year end 4. Identify other name(s) and other Federal Identification number(s) used by the contractor If a Single Audit is not required per OMB Circular A-133, the contractor must still submit an Audit Transmittal Letter stating why a Single Audit was not required and the grantee's fiscal year the letter pertains to. The Audit Transmittal Letter should include items stated in the section, "Audit Transmittal Letter," described above. The letter may be mailed to the address below or FAX to (517) 373-8771. Mailing address for all information: Michigan Family Independence Agency Office of Internal Audit 235 S. Grand Ave. Suite 1112 Lansing, MI 48909 Attention: William Addison, CPA -9- Audit Cost Cost of the Single Audit can only be charged to this agreement if there is a provision within this Agreement that allows payment for the Single Audit cost. No audit cost may be charged to this agreement if the Grantee is not required to have a Single Audit. No audit costs may be charged to FIA when audits required by this contract have not been performed or have not been performed in accordance with OMB Circular A-133 requirements. Late submission of the Single Audit report is considered non-compliance with this section and may be grounds to impose sanctions. Sanctions FIA may impose sanctions if the grantee fails to adhere to any of the audit requirements in the contract. In cases of continued inability or unwillingness to comply with audit requirements, FIA may recoup all federal payments made to the Grantee during the period that a single audit was required but not performed. Foster Care and Adoption Programs If the grantee administers an FIA funded Foster Care or Adoption program, the audit report will include a Schedule of Functional Expenses. This statement will be prepared in accordance with the FIA's Foster Care Accounting Manual (see 01A Web page for details). Fiscal Requirements 1. The Grantee shall maintain an accounting system to identify and support all expenditures billed to the F1A under this Agreement. The accounting system must record all income and expenses for the Grantee's total program of which services provided under this Agreement are a part. The accounting system, as a minimum, shall consist of a chart of accounts, cash receipts journal, cash disbursements journal, and general ledger. All expenditures and income must be supported by vouchers and receipts that detail the reason for the transaction 2. The Grantee shall comply with all provisions of Office of Justice Programs' "Financial Guide" (copy may be obtained from FIA's Bureau of Juvenile Justice). 3. The Grantee shall maintain, within the accounting system, salary and fringe benefits accounts that break out positions, hospitalization, retirement, -10- workmen's compensation and other fringe benefits. The Grantee shall establish and maintain payroll records for all employees. The Grantee, in establishing and allocating salary and wages for employees, shall support these charges by electing to establish either: a. An adequate appointment and workload distribution system, accompanied by monthly reviews showing the actual changes in the workload distribution of each employee i.e., an exception reporting system); or, b. A monthly after-the-fact certification system that requires persons in supervisory positions having first-hand knowledge of the services performed to report the distribution of effort (i.e., a positive reporting system). 4. The Grantee shall request advance approval from FIA for expenditures exceeding any budgeted line item in the Grant Application Budget by more than 10% or $3,000 whichever is less, or any proposed modification to the program services to be provided, as identified in this Agreement. 5. The Grantee shall assure that funds from this Agreement will not be used to supplant other state or local funds which provide services described in this Agreement, and shall not use this Agreement to substitute or replace other state or other local funds which would otherwise be used to provide the services described in this Agreement. 6. The Grantee shall contribute a cash match of ten percent (10%) of the program's total cost (other than costs of construction of permanent corrections facilities, which require a fifty percent (50%) match). The Grantee shall assure that funds received from any federal sources other than those listed below will not be used as the cash match required for the JAIBG Grant, (1) Funds from States and units of local government; (2) Housing and Community Development Act of 1974; (3) Appalachian regional Development Act; (4) Equitable Sharing Program, a Federal asset forfeiture distribution program to State and local officials; (5) Private funds; (6) Program income and the related interest on that program income may be used as match provided it is identified and approved; (7) Program income funds earned from seized assets and forfeitures; (8) Funds appropriated by Congress for the activities of any agency of a Tribal government or the Bureau of Indian Affairs performing law enforcement function on Tribal lands; (9) Otherwise authorized by law. 7. The Grantee shall allow for no more than a maximum of five percent (5%) of the total program costs to be allocated for administrative costs. -11- H. Billing/Payment Method 1. As used in this Agreement, "Cost Documentation" refers to the budget detail and summary sheets. 2. The Actual Cost Reimbursement Method shall be used in claiming reimbursement under this Agreement. The Cost Documentation is hereby made a part of this Agreement. The Grantee certifies that this budget has been prepared in accordance with the Budget Completion Instructions provided by the FIA. This document details the amount and object of expenditures for which the Grantee shall use funds paid under this Agreement. The Grantee is authorized to expend funds only for those resources indicated in the budget that are allowable, properly allocated and reasonable as defined in the Budget Completion Instructions. Only cost actually incurred may be billed to the FIA. 3. The Grantee shall follow and adhere to the budget. However, expenditures up to a 10% increase or $3,000, whichever is less, above the direct cost line item budget categories are permissible provided the sum of all expenditures does not exceed the total amount of the Agreement. a. The Grantee must obtain prior, written approval from the FIA to increase any line item by more than 10% or $3,000, whichever is less. The contractor cannot be reimbursed for expenses in line items that have a $0.00 (zero) amount in the current budget. b. The FIA representative authorized to approve budget revisions is the Office of Contracts and Rate Setting Director. c. The Grantee's request for the FIA's approval must contain sufficient information to allow the FIA to identify which budget line items are to be increased and which line items are to be decreased, staying within the originally approved budget total. I. Billing Procedure In order to receive payment, Monthly Performance Measurement reports must be submitted on MAGIC prior to the submission of the Monthly Financial Reports. The Grantee shall submit a monthly Financial Report or other BJJ form as identified by JABG unit to the FIA. This report shall indicate actual expenditures incurred broken out by category of expense in the performance of this Agreement for the period being billed and the units of service delivered. This Statement shall be submitted to the FIA within fifteen (15) days from the end of the billing period. -12- For the month of September, billings shall be submitted as reasonably directed by the contract administrator to meet fiscal year end closing deadlines. If the billing is not received as set forth above no payment shall be made by the FIA for that billing period unless FIA Director or his delegated representative specifically authorizes an exception. In no event, shall the FIA make payment to the Grantee for billings submitted more than 90 days after the end of a billing period. II. FIA RESPONSIBILITIES A. Payment FIA shall make payments to the Grantee approximately four weeks after receipt by the FIA of the Grantee's monthly financial reports detailing program related budgeting expenditures as set forth in the Cost Documentation attached to this Agreement. B. Maximum Amount The Grantee is eligible for up to Four Hundred, Twenty One Thousand, Three Hundred, Ninety-Three dollars and 00/100 ($421,393.00). Of that amount, FIA hereby agrees to pay the Grantee an amount not to exceed Three Hundred, Seventy Nine Thousand, Two Hundred, Fifty Five dollars and 00/100 ($379,255.00) for services performed under this Agreement exclusively during the fiscal period April 1, 2005 to March 31, 2006. Obligations incurred prior to or after the period covered by this Agreement shall be excluded from the Grantee's monthly invoices. C. Evaluation Criteria The services provided by the Grantee under this Agreement shall be evaluated by the FIA on the basis of the following criteria: Reduced juvenile crime and recidivism. III. GENERAL PROVISIONS A. FIA's Source of Funds-Termination The FIA's payment of funds for purposes of this Agreement is subject to and conditioned upon the availability of funds for such purposes, being Federal and/or State funds. No commitment is made by the FIA to continue or expand activities covered by this Agreement. The FIA may terminate this Agreement immediately upon written notice to the Grantee at any time prior to the completion of this -13- • Agreement if, in the opinion of the FIA, funding becomes unavailable for this service or such funds are restricted. B. Civil Service Rules and Regulations The State of Michigan is obligated to comply with Article XI, Section 5, of the Michigan Constitution and applicable civil service rules and regulations. Other provisions to this Agreement notwithstanding, the State personnel director is authorized to disapprove contractual disbursements for personal services if the State personnel director determines that the contract violates Article XI, Section 5 of the Michigan Constitution or applicable civil service rules and regulations. C. Fees and Other Sources of Funding The Grantee may not accept reimbursement from a client unless the Contract specifically authorizes such reimbursement in the "Grantee Responsibility" section. In such case, a detailed fee scale and criteria for charging the fee must be included. If the Grantee accepts reimbursement from a client in accordance with the terms of the contract, the Grantee shall deduct these fees from billings to the FIX Other third party funding sources, e.g., insurance companies, may be billed for contracted client services. Third party reimbursement shall be considered payment in full. No supplemental billing is allowed. Reporting The Grantee shall comply with all program and fiscal reporting procedures as are or may hereinafter be established by FIA. The Grantee shall also comply with all reporting procedures established by FIA in completion of progress reports at time intervals, on forms, in formats, and by means specified by FIX In particular, reports or billing documents denoting event dates shall record month, day and year as specified by FIA. In all electronic filings, four digits shall be used to designate century. Any additional reports as deemed necessary by FIA shall be made and submitted by the Grantee upon request. E. Examination and Maintenance of Records The Grantee shall permit the FIA or any of its identified agents access to the facilities being utilized at any reasonable time to observe the operation of the program. Further, the Grantee shall retain all books, records or other documents relevant to this Agreement for six years after final payment, at the Grantee's cost, and Federal auditors and any persons duly authorized by the FIA shall have full access to and the right to examine and audit any of said material during said period. If an audit is initiated prior to the expiration of the six-year period and -14- extends past that period, all documents shall be maintained until the audit is completed. The FIA shall provide findings and recommendations of audits to the Grantee. The FIA shall adjust future payments or final payment if the findings of an audit indicate over or under payment to the Grantee in the period prior to the audit. If no payments are due and owing the Grantee, the Grantee shall immediately refund all amounts which may be due the FIA. The Grantee shall assure, as a condition of any sale or transfer of ownership of the Grantee agency, that the new purchasers or owner maintains the above-described books, records or other documents for any unexpired portion of the six-year period after final payment under this Agreement or the Grantee shall otherwise maintain said records as the FIA may direct. If business operations cease, the Grantee shall maintain records as the FIA may direct. The Grantee shall, as a provision of the Agreement between the Grantee and the auditor, assure that the FIA may make reasonable inquiries of the auditor relating to audit workpapers and, furthermore, that the FIA may review the auditor's workpapers in support of the audit. F. Compliance with Civil Rights, Other Laws The Grantee shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight or marital status pursuant to P.A. 453 of 1976, Section 209. The Grantee shall also comply with the provisions of the Michigan Persons with Disabilities Civil Rights Act, P.A. 1976, No. 220, as amended (M.C.L. Section 37.1101 et. seq.) and Section 504 of the Federal Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 355, which states that no employee or client or otherwise qualified handicapped individual shall, solely by reason of this handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Further, the Contractor shall comply with the Americans with Disabilities Act of 1990 (ADA), P.L. 101-336, 104 Stat. 327, which prohibits discrimination against individuals with disabilities and provides enforcement standards. The Grantee shall comply with all other Federal, State or local laws, regulations and standards, and any amendments thereto, as they may apply to the performance of this Agreement. G. Publication - Approval and Copyright The State of Michigan shall have the right to review and approve, in advance, all printed promotional materials referencing the services provided under this Agreement. Such approval shall be timely and not unreasonably withheld. -15- Press releases issued by the Grantee referencing operational issues related to the services provided under this Agreement shall be approved in advance by the State of Michigan. The Grantee will advise the State of Michigan of inquiries by the press or citizenry regarding the relationship between the State and Grantee regarding services provided under this agreement. All materials created and/or reproduced by the Grantee, or an agent of the Grantee which meet the following criteria must include one of the statements referenced below, as they apply: Developed for consumption by the general public or as a general information tool, and Funded in whole or in part with State of Michigan funds Statements for Inclusion: 1. This program is funded by the State of Michigan or 2. This program is funded in part by the State of Michigan H. Confidentiality The use or disclosure of information concerning services, applicants or recipients obtained in connection with the performance of this Agreement shall be restricted to purposes directly connected with the administration of the programs implemented by this Agreement. In all other cases, disclosure shall be made only as required by federal and state laws, court orders or subpoenas, or subpoenas by a grand jury. I. Property Title Equipment acquired with Juvenile Justice Act Formula and Victims of Crime Act Assistance (Formula) Funds (0JJDP & OVC). Equipment acquired under and award shall be used and managed to ensure that the equipment is used for criminal justice purposes. Standards and procedures governing ownership, use, management, and disposition are as follows: 1. Title Title to equipment acquired under an award or subaward will vest upon acquisition in the recipient or subrecipient subject to the obligations and conditions set forth in 28 CFR Part 66. -16- 2. Use a. A State shall use equipment acquired under an award by the State in accordance with State laws and procedures. The awarding agency encourages the States to follow the procedures set forth in this Guide. b. Other government recipients and subrecipients shall use equipment in accordance with the following requirements: 1) Equipment must be used by the recipient or subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a Federal agency. 2) The recipient or subrecipient shall also make equipment available for use on other projects or programs currently or previously supported by the Federal government, providing such use does not interfere with the work on the projects or programs for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. User fees should be considered and treated as program income to the project, if appropriate. 3) Notwithstanding program income, the recipient or subrecipient shall not use equipment acquired with funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted or contemplated by Federal statute. 4) When acquiring replacement equipment, recipients or subrecipients may use the equipment to be replaced as a trade- in or sell the equipment and use the proceeds to offset the cost of the replacement equipment subject to the written approval of the awarding agency. J. Subcontracts The Grantee shall hot assign this Agreement or enter into subcontracts to this Agreement with additional parties without obtaining prior written approval of the FIA. The FIA, as a condition of granting such approval, shall require that such assignees or subcontractors shall be subject to all conditions and provisions of this Agreement including Criminal Record and Central Registry background -17- checks. The Grantee shall be responsible for the performance of all assignees or subcontractors. K. Cancellation of Agreement The F1A may cancel the Agreement without further liability to the FIA or its employees by giving the Grantee written notice of such cancellation thirty days prior to the date of cancellation. The Grantee may terminate this Agreement upon thirty days written notice to the FIA at any time prior to the completion of the Agreement period. In case of default by the Grantee, the FIA may immediately cancel the contract without further liability to the FIA or its employees, and procure the services from other sources. L. Closeout When this Agreement is concluded or terminated, the Grantee shall provide the FIA, within sixty (60) days after conclusion or termination, with all financial, performance and other reports required as a condition of the Agreement. The FIA shall make payments to the Grantee for allowable reimbursable costs not covered by previous payments. The Grantee shall immediately refund to the FIA any payments or funds advanced to the Grantee in excess of allowable reimbursable expenditures. M. Continuing Responsibilities Termination, conclusion, or cancellation of this Agreement shall not be construed so as to terminate the ongoing responsibilities of the Grantee or rights of the FIA contained in Section III, "Examination and Maintenance of Records" and Section III, "Closeout" of this Agreement. N. Disputes The Grantee shall notify the FIA in writing of intent to pursue a claim against the FIA for breach of any terms of this Agreement. No suit may be commenced by the Grantee for breach of this Agreement prior to the expiration of ninety (90) days from the date of such notification. Within this ninety (90) day period, the Grantee, at the request of the FIA, must meet with the Director of the FIA or designee for the purpose of attempting resolution of the dispute. 0. Agreement Inclusiveness/Amendment This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this -18- Agreement shall be deemed to exist or to bind any of the parties hereto. The Grantee shall, upon request by the FIA and receipt of a proposed amendment, amend this Agreement, if and when required in the opinion of the FIA, due to the revision of Federal or State laws or regulations. If the Grantee refuses to sign such amendment within fifteen days after receipt, this Agreement shall terminate upon such refusal. This Agreement may otherwise be amended only by the written consent of all the parties hereto. P. Termination - Unfair Labor Practice The FIA may void this contract upon fifteen (15) days notice if the name of the Grantee, or the name of a subcontractor, manufacturer, or supplier of the Grantee, subsequently appears in the register compiled pursuant to Section 2 in P.A. 278 of 1980. This Act prohibits the State from entering into contracts with certain employers who engage in unfair labor practices; to prohibit those employers from entering into certain contracts with others; to provide for the compilation and distribution of a register of those employers; and to provide for the voiding of certain contracts. Q. Monitoring Requirements HA reserves the right to perform unscheduled on-site visits to monitor the Grantee's activities under this Agreement at any time, either during the term, or within one year after termination of the Agreement. The Grantee shall cooperate with the FIA during the monitoring process by making available all records, facilities, and other resources necessary to perform the review. If FIA detects noncompliance with this Agreement, and/or questioned costs during the course of its review, these items shall be identified and conveyed to the Grantee in an exit conference. FIA shall provide Grantee with a detailed written report of these findings within thirty (30) days of the exit conference. The Grantee is required to address each item in FIA's report by providing a Corrective Action Plan (CAP) to eliminate or correct each issue of noncompliance. The Grantee shall submit the Corrective action plan to FIA within thirty (30) days from issuance of FIA's report. If FIA identifies questioned costs that cannot be substantiated, FIA may, at its discretion, and after consultation with the Grantee, require the Grantee to submit revised, "Monthly Financial Report": to reflect adjustment for disallowed costs. Submission of revised billings to HA shall be made within a time schedule established by FIA and the Grantee. If the Grantee fails to comply with monitoring requirements as set forth in this Agreement, and within allotted time frames mutually established, FIA may, at its discretion, invoke sanctions on the Grantee, which may include, but are not limited to, actions to collect disallowed costs and/or cancellation of the Agreements. -19- R. Reporting of Retiree Employment ALL OTHER CONTRACT PROVISIONS NOTWITHSTANDING, no reimburse- ment may be claimed under this agreement for salary or subcontracting expense for any employee who retired from the State of Michigan using the early retirement program authorized by PA 93 of 2002. The grantee shall provide written notification within fifteen (15) days of hiring to the FIA Office of Contracts and Rate Setting (OCRS) the name, social security number, and work site of any employee who retired from the State of Michigan using the early retirement program authorized by PA 93 of 2002. Failure to notify the OCRS within the allotted time period may result in the exclusion as disallowance of all costs related to this agreement up to the time the proper notification is received by OCRS. S. Certifications Regarding Lobbying As required by section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the Grantee certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard form — LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shah require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. -20- T. Certification Regarding Debarment, Suspension, and Other Responsibility Matters As required by Executive Federal order 12549, Debarment and Suspension, and implementation at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510. The Contractor certifies they and their principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three-year period preceding this agreement been convicted of or had civil judgement 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 for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; 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 and default; and 5. Where the parties are unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. Grantee shall include above language in all subcontracts with other parties. U. Recoupment of Funding If the Grantee fails to comply with monitoring requirements as set forth in this Agreement, or fails to submit revised "Monthly Financial Report" within allotted time frames established by FIA in consultation with the Grantee, FIA may, at its discretion, recoup or require the Grantee to reimburse payments made under this Agreement with FIA has determined that the Grantee has been overpaid. Upon notification by FIA that repayment is required, the Grantee shall make payment directly to FIA within 30 days or FIA may withhold current or future -21- payments made under this or any other agreements, current or future, between FIA and the Grantee. If the Grantee fails to: (1) correction noncompliance activities identified by F1A, (2) submit revised billings as requested as part of a Corrective Action Plan when required; or (3) if the Grantee doesn't remit overpayments or make arrangements to have the overpayments deducted from future payments within 30 days, such failure shall constitute grounds to terminate immediately any or all of FIA's agreements with the Grantee. F1A shall also report noncompliance of Grantee to Michigan's Department of Management and Budget. Such report may result in Grantee's debarment from further contracts with the State of Michigan. V. Compliance with Federal and State Requirements The Grantee shall comply with all Federal, State or local statutes, regulations and administrative rules, and any amendments thereto, as they may apply to the performances of this Agreement. • • , „t ir I this day of Witness: By: 2005 2005 this day of Witness: By: Director IN WITNESS WHEREOF, the FIA and the Grantee have caused this Agreement to be executed by their respective officers duly authorized to do so. The Undersigned has the lawful authority to bind the Grantee to the terms set forth in this Agreement. Dated at Pontiac , Michigan Oakland County (Grantee) Dated at Lansing , Michigan FAMILY INDEPENDENCE AGENCY Contract #: JABG-05-63001 ($42,138) $ 14,035 6,445 13,092 8,566 FISCAL NOTE (MISC. 105042) BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: PROSECUTING ATTORNEY, CIRCUIT COURT/FAMILY DIVISION, AND PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - PROGRAM YEAR 2005 JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) 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 Michigan Family Independence Agency has awarded grant funding to the Prosecuting Attorney, Circuit Court/Family Division and Public Services/Community Corrections Division under the Juvenile Accountability Block Grant (JABG) for the period of April 1, 2005 through March 31, 2006. 2. The grant award of $421,393 provides funding to the following: Prosecuting Attorney's Teen Court and School Violence programs; a portion of the Circuit Court/Family Division's Juvenile Drug Court; and a portion of the Public Services/Community Corrections Division's InStep program. 3. The State contribution is $379,255 (90 96) and the County grant match is $42,138 (10W). 4. In addition to the County match requirements, the County is expected to incur administrative and support costs of $30,908, which have been included in the FY 2005/FY 2006 budget. This grant does not allow for recovery of those costs. 5. The grant award provides funding for five (5) positions. One (1) SR Social Worker I (position number 41101-09819) in the Prosecuting Attorney's School Violence Program will sunset on December 24, 2005. 6. The grant discontinued funding (50W) for one (1) SR Supv. - Community Corrections (position number 17410-09396) in the Community Corrections Division as part of the FY 2005 Adopted Budget. 7. Acceptance of this grant does not obligate the County to future commitments and continuation, including personnel, is contingent upon future grant funding. 8. The grant match amount of $42,138 is included in the FY 2005/FY 2006 Adopted Budget Non-departmental grant match line item. 9. A budget amendment is recommended to transfer the funds to the Prosecuting Attorney, Circuit Court/Family Division and Community Corrections grant match line items. The Fiscal Year 2005 Budget is amended as follows: March 10, 2005 General Fund 90-290000-25000-2872 41 211000-41800-2872 41 211000-47100-2872 35 230000-28000-2872 17 402200-70500-2872 Grant Match Grant Match Grant Match Grant Match Grant Match FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Rogers absent. $126,318 $ 14,035 $ 58,010 $ 6,445 $117,830 $ 13,092 $ 77,097 $ 8,566 $421,393 Grants - Federal Grant Match Grants - Federal Grant Match Grants - Federal Grant Match Grants - Federal Grant Match Fund 270 Revenue 41 501063-41800-0113 41 501063-41800-0167 41 501063-47100-0113 41 501063-47100-0167 35 501062-28000-0113 35 501062-28000-0167 17 501061-70500-0113 17 501061-70500-0167 Total Revenue Expenditures Prosecuting Attorney Teen Court Program 41 401063-41800-2001 Salaries 41 401063-41800-2075 Fringe Benefits 41 401063-41800-6636 Info Tech Operations 41 401063-41800-6675 Telephone Comm. Sub-Total Pros. Atty. Teen Ct. Program Prosecuting Attorney School Violence Program 41 401064-47100-2001 Salaries 41 401064-47100-2075 Fringe Benefits Sub-Total Pros. Atty. School Violence Prog. Circuit Court Drug Court 35 401062-28000-2001 Salaries 35 401062-28000-2075 Fringe Benefits 35 401062-28000-3292 Personal Mileage 35 401062-28000-3348 Professional Services 35 401062-28000-6636 I.T. Operations Sub-Total Cir. Ct. Drug Court Community Corrections In-Step Program 17 401061-70500-2001 Salaries 17 401061-70500-2075 Fringe Benefits 17 401061-70500-3324 Printing 17 401061-70500-6636 Info Tech Oper. 17 401061-70500-6675 Telephone Comm. Sub-Total Comm. Corr. In Step Program Total Expenditures $ 87,021 $ 46,867 $ 4,744 $ 1,721 $140,353 $ 42,053 $ 22,402 $ 64,455 $ 52,729 $ 27,772 $ 1,250 $ 46,867 $ 2,304 $130,922 $ 52,347 $ 28,348 844 $ 2,304 $ 1,820 $ 85,663 $421,393 -0- FINANCE COMMITTEE qazt Ruth 55hMsorT, County Clerk Resolution #05042 March 10, 2005 Moved by Molnar supported by Melton the resolutions on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). ,1•01111nn I HEREBY APPROVE TIE FOREGONE RESOLUTION 04:7 ....„-ar.-.. 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 March 10, 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 10th day of March, 2005. /MAI