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HomeMy WebLinkAboutResolutions - 2006.12.14 - 28108MISCELLANEOUS RESOLUTION #06247 December 14, 2006 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: 52'd DISTRICT COURT, DIVISION I — 2007 MICHIGAN DRUG COURT PROGRAM CONTINUATION (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 52 nd District Court, Division I (Novi) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2006 through September 30, 2007; and WHEREAS the application requested total program funding in the amount of $88,750, of which $25,000 is awarded through the Michigan Drug Court Grant Program (MDCGP)/SCAO, plus $63,750 in- kind contribution from the general fund Sobriety Court revenue, and Drug Treatment Court Fee revenue, with no required cash match; 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 this grant no longer funds one (1) special revenue full-time eligible Probation Officer I position (3020205-09903) in the Probation Unit, and that position has been deleted; and WHEREAS one (1) general fund/general purpose (GF/GP) position was created per MR#06170 to be funded by an increase in sobriety court fees, to provide administrative support and intensive probation supervision and frequent alcohol testing of defendants; and WHEREAS this grant award funds other program cost of $25,000, which includes testing supplies and travel; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Drug Court Grant Program (MDCGP)/State Court Administrative Office (SCAO), Michigan Drug Court Program Grant, in the amount of $25,000; along with the County in-kind contribution of $63,750 for total program funding of $88,750. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of that year's grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that no expenditures are 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 this grant program is contingent upon continuation of State funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE PUBLIC SERVICES COMMITTEE VOTE: Motion carried on a roll call vote with Middleton, Suarez and Gershenson absent. Page 1 of 2 Prentiss Malone From: Greg Givens [givensg@oakgov.corn] Sent: Thursday, November 16, 2006 10:15 AM To: 'Doyle, Larry'; Crane, Patricia; 'Malone, Prentiss' Cc: 'Worthington, Pam'; 'Candace Frederick': Greg Givens; 'Hanger, Helen'; 'Johnston, Brenthy% 'Mitchell, Sheryl'; 'Pardee, Mary'; 'Smith, Laverne'; 'Wenzel, Nancy' Subject: GRANT REVIEW SIGN OFF - 52-1 District Court / Novi GRANT REVIEW SIGN OFF — 52-1 District Court / Novi GRANT NAME: FY 2007 Sobriety Court — Michigan Drug Court Program FUNDING AGENCY: Michigan State Court Administrative Office (SCAO) DEPARTMENT CONTACT PERSON: Patricia Crane - 248/305-6453 STATUS: Acceptance DATE: November 16, 2006 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below ire the returned review comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee R.esolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review -;omments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board -esolution. DEPARTMENT REVIEW Department of Management and Budget: kpproved. — Laurie Van Pelt (11/14/2006) Department of Human Resources: kpproved. — Nancy Scarlet (11/14/2006) Usk Management and Safety: kpproved By Risk Management — Julie Secontine (11/15/2006) :orporation Counsel: kfter reviewing this grant contract, there appear to be no outstanding legal issues that require additional action or resolution. — Karen kgacinski (11/14/2006) COMPLIANCE File grant contract references a number of specific federal and state regulations. Below is a list of these specifically cited :ompliance related documents for this grant. • Michigan Revised Judicature Act Of 1961 — 2004 PA 224; [Enter Act Number and Year} littp://www.lecrislature.mi.g,ov/(S almxilylardwuir55pkunbnmu))/mi1eg.aspx?pau-e=MCLPASearh • Michigan Human Subjects Regulation — hap: www.michigan.eov/mdclu0,1607,7-132-2945_32550-99784--.00.html, 11/27/2006 Page 2 of 2 • Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) http://www.cms.hhs.ov/H1PAAGen1nfo/Downloads/HIPAA1awdetai1.pdf • Federal - Debarment and Suspension - Executive Order 12549 - 51 F.R. 6370, February 18, 1986 http://www.ucop.edu/raohome/certs/eo12549.html • Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities — "Act 317 of 1968" [Enter Act Number and Year] http://www.leMslature.mi.tzov/(S(t1mxfivhrdwuir55nkunbnmu)),Thilea.aspx?page=MCLPASearch 11/27/2006 Feb-o-01 01:151= plackortzie • Fil-t1S-41 120 Fros:SCAO :STEAL 248-305-947 P.OZ - 5172722112 • T-420 P.11/02 Jsk-111 MichiganSuprimeCourt State Court Adrainisttrative Office Ea Sex Lansirs. Michipin 4S49 • Phone 014 374.41.1s D. Fetrpir.. tar Catait Achainksawar Fcbruir-A2001 • Hanorahia Brian /4=1(e:win 52" District Cart 4.1] 50 Grand River:Ave. . Novi, NCE 48374-1222 , Dear Judge MaelCnnals: Pursuanto cnzr =aver-swim this m•••=ing regarding the Mehigart Drug Court Grant Prnram, I am providing infonnation concerning 1A.SSITTBUDE #4 in the scpplication materials. Drug Court Grant application materials are the tccept fed=al program funding for drug court prnvidc assurance of a program's in= to slate, or federal sources of funding. The laud proirern funded with limited genetal deveioping and implementing naW prog,ratcs and provide limited support to continuing progrania. It is, however, the prograni's responsibility tsventusny seek Iiiiditt021111 sources of fuxuains.itThis should not be sonstrued II 1,112741,11; for future funding of a program from the tkutding The assurancgss induced in the Kdtigan same as the assurances =quit" ed to apply for and programs. Assurer= #4 calls for tits applicant continue funding whether that be from local. Michigan Drug Court Grant Propern is a state fund dollars. The &lading is intended to assist in If you have any further questions, Please 602=ct me- Sitazierelyt C71 -7 Dawn A. Monk Dciaty State Cour; Admix:fist:razor Page 1 of 2 Prentiss Malone From: Greg Givens [givensg@oakgov.corn] Sent: Monday, November 13, 2006 11:28 AM To: VanPelt, Laurie; Davis, Patricia; Scarlet, Nancy; Secontine, Julie Cc: Crane, Patricia; 'Malone, Prentiss'; Worthington, Pam; Bertram, Kevin; Cunningham, Judy; Doyle, Larry; Fournier, Nancy; Frederick, Candace; Greg Givens; Guzzy, Scott; Hanger, Helen; Johnston, Brenthy; Mason, Jennifer; Mitchell, Sheryl; Pardee, Mary; Plotkowski, Andrea; Ross, Dave; Shortley, Joellen; Smith, Laverne; Wenzel, Nancy; 'Johnson, Sandy'; 'Easterling' Subject: GRANT REVIEW - 52-1 District Court / Novi - SCAO GRANT REVIEW FORM CO: REVIEW DEPARTMENTS — Laurie Van Pelt — Nancy Scarlet — Julie Secontine — Pat Davis GRANT REVIEW — 52-1 District Court / Novi tTY 2007 Sobriety Court — Michigan Drug Court Program vlichigan State Court Administrative Office (SCAO) 'lease be advised the above mentioned grant information was put into contract review today. A hard copy of these materials has )een sent to you for review. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or )ISAPPROVAL, with supporting comments, via reply (to all) of this email. rime Frame for Returned Comments: November 21, 2006 GRANT INFORMATION )ate: November 13, 2006 Verating Department: 52-1 District Court )epartment Contact: Patricia Crane ;ontact Phone: (248) 305-6453 )ther ID Number: SCA0-2007-041 tEVIEW STATUS: Acceptance — Resolution Required (Application completed internal review on May 23, 2006 with a concern M&B related to the issue of sufficient funding to continue the position number 32205-09903 identified in the grant application.) unding Period: October 1, 2006 through September 30, 2007 dew Facility / Additional Office Space Needs: None T Resources (New Computer Hardware / Software Needs or Purchases): None 4/WBE Requirements: No 'unding Continuation/New: Continuation qlplication Total Project Amount: $50,000 'nor Year Total Funding: $77,333 dew Grant Funded Positions Request: None hanges to Current Positions: Position Number 32205 -09903 continued under other funding irantor Funds: $25,000 'otal Budget: $67,500 'Latch and Source: No local match required. Program support of $42,500 In-Kind from Sobriety Court Office Salary PROJECT SYNOPSIS be Sobriety Court targets repeat and high risk drunk driving offenders who, as a group, are at high risk of committing a drinking 1/13/2006 rage 2 or 2 and driving offense. The goal of Sobriety Court is to reduce alcohol related offenses in this group and to reduce alcohol and drug use generally. The objectives of Sobriety Court will be met through use of the drug court model and the Ten Key Components of Drug Courts. 11/13/2006 Michigan Supreme Court State Court Administrative Office Michigan Hall of Justice P.O. Box 30048 Lansing, Michigan 48909 Phone (517) 373-0128 Dawn A. Monk Deputy State Court Administrator September 22, 2006 Honorable William E. Bolle Chief Judge 52-1 District Court - DWI Drug Court 520 W. Big Beaver Road Troy, MI 48084 Re: FY 2007 Michigan Drug Court Grant Program Award Notification Dear Chief Judge BoIle: I am pleased to inform you that your court has been awarded a grant in the amount of $25,000 from the Michigan Drug Court Grant Program (MDCGP) administered by the State Court Administrative Office (SCAO). The award is for the grant period October 1, 2006, through September 30, 2007. Your MDCGP contract will be sent to the project contact person identified on your grant application. The original signed contract, along with a revised budget based on your FY 2007 award, must be returned to SCAO by October 31, 2006. Please pay particular attention to the conditions of acceptance and reporting requirements that will be detailed in your grant contract. Should you have any questions regarding this grant award, please contact Gary Secor at 517- 373-4854, or by e-mail at secorg®courts.mi.gov . Sincerely, Dawn A. Monk cc: Mr. Gary Secor Dr. Phyllis Zold-Kilbourn Deborah Green, Region I Administrator Ms. Patricia Crane, Drug Court Project Director Ms. Joyce A. Renfrow, Court Administrator Page 1 of 1 Prentiss Malone From: Greg Givens [givensg@oakgov.corn] Sent: Thursday, November 09, 2006 2:36 PM To: 'Malone, Prentiss' Cc: 'Laurie VanPelt' Subject: 52-4 District Court / Troy - FY 2007 Adult Drug Court - Drug Therapy Court MEMO TO: Prentiss Malone, Fiscal Services FROM: Greg Givens, Fiscal Services DATE: November 9, 2006 ZE: 52-4 District Court / Troy - FY 2007 Adult Drug Court — Drug Therapy Court VOTE — PRENITSS — THERE IS SOMETHING SERIOUSLY AMISS WITH VERPLOEG's BUDGET. SINCE NHEN DOES HE HAVE A BYRNE GRANT??? LET'S TALK. 'lease be advised I have emailed to you the above referenced grant contract. Today these materials went into contract eview. Please coordinate with your operating department in putting together the appropriate grant package which should nclude: - a Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee 7iscal Note, and the final email from me containing grant review Sign Off comments. I will forward to you the full eview information when it is returned by the review depai talents. At that point we can work together in getting the grant naterials to the operating departments so they may request the grant materials to be placed on the appropriate Board of 7ommissioners' committee(s) for grant acceptance by Board resolution. or our internal review, please also identify if any match requirement is already included in the budget and, if so, what nat account number is within the budget. Also please identify if the match percentages have stayed the same, increased, .r decreased. Ime Frame: November 21, 2006 'hanks — call if questions / 84057. 1/13/2006 MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2007 GRANT CONTRACT 52-1 District Court - DWI Drug Court Contractor 38-6004876 Federal ID Number SCAO-2007-041 SCAO Grant Number $25,000 , 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 courts in Michigan. In addition, 2006 PA 345, effective August 16, 2006, provides funding for the Michigan Drug Court Grant Program (MDCGP) for FY 2007. This program is administered by the State Court Administrative Office (SCA0). The purpose of the MDCGP is to provide funding assistance to operational drug treatment courts and drug treatment courts in the planning stage. Funds from the MDCGP are awarded based upon the Contractor's agreement to comply with 2004 PA 224, the policies and procedures set forth in the application assurances and administrative requirements tbr the program, and this contract. M ich: gan Drug Court Grant Program - 2007 1. Contract This contract incorporates the Contractor's approved grant request and final approved budget. 2. Contract AC/Ministration 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 the Contractor's authorizing official and chief judge. The contract shall commence October 1,2006, and shall terminate on September 30, 2007, unless terminated earlier according to provisions in section 20. Funding under this contract does not guarantee future funding from the MDCGP. 4. Contract Funding Upon approval of the Contractor's application and signing of this contract, SCAO agrees to provide funding from the MDCGA in an amount not to exceed the amount of the grant contract. In no event does this contract create a charge against any other hinds of SCAO or the Michigan Supreme Court. 5. Conduct of the Project A. The Contractor shall abide by all terms and conditions required by the application assurances, budget requirements, and the Contractor's approved program outline and budget. The Contractor must obtain prior approval from SCAO before any program changes or budget adjustments Michigan Drug CouriGrant ProRrarn - ";007 exceeding $1,000 are implemented during the grant period. B. The Contractor shall operate its drug court project in accordance with the Ten Key Components of drug courts as outlined in the application assurances. C. The Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. D. The 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 the Contractor refers participants to, or provides, a non-tederally funded program or service that incorporates such religious activities: ( I) any such activities must be voluntary for program participants, and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non-federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program participants, the 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. Assignments and Subcontracts All provisions and requirements of this contract shall apply to any subcontracts or agreements the Contractor may enter into in furtherance of its obligations under this contract. The 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 Michigan Drug CourtGrant. Prugran - 2007 3 prior to entering into a subcontract agreement and shall be responsible for the performance of any subcontractor. 7. Human Subjects The 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. 8. Confidentiality Both SCAO and the Contractor shall assure that medical services to, and information contained in medical records of persons served under this contract, or other such recorded information required to be held confidential by federal or state law, rule, or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may' be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals. 9. Health Insurance Portability and Accountability Act and 42 ('FR Part 2 To the extent that this act and these regulations are pertinent to the services that the Contractor provides under this contract, the Contractor assures that it is in Michigan Drug CourtGrant Program - 20 ,97 4 compliance with the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2 requirements including the following: A. The Contractor must not share any protected health or other protected data and inthrmation 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 contract. B. The Contractor must require that the subcontractor not share any protected health or other protected data and information from SCAO or any other source that fails under HIPAA and/or 42 CPR Part 2 requirements in the terms and conditions of the subcontract. C. The Contractor must use the protected data and information only for the purposes of tins contract. D. The 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 reaulations. These policies and procedures must include restricting access to the protected data and information by the Contractor's employees. E. The Contractor must have a policy and procedure to report to SCAO unauthorized use or disclosure of protected data and information that falls Michigan Drug Court Gram Program - 2017 5 under the HIPAA and/or 42 CFR Part 2 requirements of which the Contractor becomes aware. F. Failure to comply with any of these contractual requirements may result in the termination of this contract in accordance with section 20. G. In accordance with HIPAA and/or 42 CFR Part 2 requirements, the Contractor is liable for any claim, loss, or damage relating to unauthorized use or disclosure of protected data and information received by the Contractor from SCAO or any other source. 10. 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. The 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. The 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. 11. Liability A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or Judgments arising out of activities. such as direct service delivery, Michigan Drug Court Grant Program - 2:107 6 to be carried out by Contractor in the performance of this agreement shall be the responsibility of Contractor, and not the responsibility of SCAO, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of Contractor, any subcontractor, or anyone directly or indirectly employed by Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to Contractor or its employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by SCAO in the performance of this agreement shall be the responsibility of SCAO, and not the responsibility of Contractor, if the liability, loss, or damage is caused by, or arises out of the action or failure to act on the part of any SCAO employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the SCA0), or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by Contractor and SCAO in fulfillment of their responsibilities under this agreement, such liability, loss, or damage shall be borne by Contractor and SCAO in relation to each party's responsibilities under these .joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by Michigan Drug Coat Grant Pro2rain - 2007 7 Contractor. the State. its agencies (the SCAO), or their employees, respectively, as provided by statute or court decisions. 12. Debarment and Suspension The 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." 13. Acquisition, Accounting, Recordkeeping, and Inspection A. The Contractor agrees that all expenditures from this contract, including the acquisition of personnel services, contractual services, and supplies, shall be in accordance with: (1) the standard procedures of the Contractor's unit of government, and (2) the administrative and budget requirements of the fV1DCG1). B. The 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. The Contractor agrees that the Michigan Supreme Court, State Court Administrative Office, the local government audit division of the Michigan Department of 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 Michigan Drug Court Grant Program - 2007 8 cards, or other records related to this contract. The Contractor shall retain all books and records, including all pertinent cost reports, accounting and financial records, or other documents related to this contract, for five years after final payment at the 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 live years after final payment. [fan 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 the Contractor. SCAO may adjust future or final payments if the findings of the audit indicate over- or under-payment to the Contractor for the period audited, subject to the availability of funds for such purposes. If an audit discloses an overpayment to the Contractor, the Contractor shall immediately refund all amounts that may be due SCAO. Failure of the 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. The Contractor's accounting system must maintain a separate fund or account that segregates MDCGP contract receipts and expenditures from other receipts and expenditures of the Contractor. 14. Accountability for Michigan Drug Court Grant Program Funds The Contractor agrees that it will not expend funds obtained under this contract for any purpose other than those authorized in the administrative requirements Michigan Drug Court Grant Program - 2007 9 specified in the 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. 15. Program Review and Monitoring The 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 onsite visits; interviews of staff and drug court participants; and review of case records. receipts, monthly/quarterly statistical reports, and fiscal records. Reports The Contractor agrees to provide reports as identified in the application assurances and administrative requirements for the Michigan Drug Court Grant Program to SCAO as fo1lows: 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, in order to meet fiscal year- end reporting requirements. The financial quarterly reports will be due by January 31. April 30, July 31, and October 10. SCAO will provide copies of the financial report forms upon request. B. Proaress Reports: Progress reports are due semi-annually. The reports will be due on April 30 and October 20. The progress reports will list the drug court programs goals and objectives, detail the status of accomplishments for each goal and objective, discuss any changes in the Michigan Drug Court Grant Program - 2007 1 0 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. Data Reports: Recipients of the MDCGP operational funding are required to submit to SCAO on a quarterly- cycle a "Drug Court Case Management Information System (DCCMIS) Data Validation Form." The validation form will replace the "Drug Court Data Collection Report." The data validation forms will be due January 31, April 30, .luly 31, and October 20. Should a Contractor awarded funds for planning purposes become operational during the contract period, the Contractor will be responsible for submitting the appropriate quarterly data validation form for the quarter immediately following program implementation and for all subsequent quarters as required above for courts receiving operational funding. D. Reporting Compliance: The 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 days past the due date. a delinquency notice will be sent on: via e-mail notifying courts that they have fifteen days to comply with the reporting requirement. Forty-five days past the due date, a forfeiture notice will be sent out to courts via the U.S. Postal Service notifying them that their funding award has been rescinded due to contract noncompliance. Michigan Drug Court Grant Program - 2007 I I 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 received forty-five days past their due date. /7. Reimbursement A. Reimbursement from SCAO is based on the understanding that SCAO funds will be paid up to the total SCA() allocation as agreed to in the approved budget. B. The Contractor 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 website at: http://www.cpexpress.state.mi.us . 18. 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 may be made without the prior written approval of SCAO. Requests for adjustments in expenditures within line items and between line item categories exceeding S1,000 must be made using a Contract Adjustment Request form which can be obtained from SCA°. Michigan Drug Court Grant Program - 2007 I 2 19. Funding Hold or Termination SCAO may place a funding hold on contracted amounts not yet disbursed, or terminate this contract if it concludes that the Contractor is not in compliance with the conditions and provisions of this contract, the application assurances and administrative requirements, or the budget requirements of the MDCGP. SCAO may extend an opportunity for the Contractor to demonstrate compliance. Notification of a funding hold or termination will be in writing, 20. Contract Termination SCAO may cancel this contract without further liability or penalty to SCAO for any of the following reasons: A. This contract may be terminated by either party by giving thirty days written notice to the other party stating the reasons for termination and the effective date. B. This contract may be terminated on thirty days prior written notice upon the failure of either party to carry out the terms and conditions of this contract, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the thirty day period. C. This contract may be terminated immediately if the Contractor or an official of the Contractor is convicted of any activity referenced in section 12 of this contract during the term of this contract or any extension thereof Michigan Drug Court Grant Program - 2007 I 3 D. This contract may be terminated immediately without further financial liability to SCAO if funding for this contract becomes unavailable to SCAO. 21. Conflict of Interest The Contractor and SCAO arc subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq., MSA 4.1700(51) et seq.. and I 973 PA 196, as amended, MCL 15.341 et .veq., MSA 4.1700 (71) et seq. 22. State of Michigan Contract This is a state of Michigan contract and is governed by the laws of Michigan. Any litigation arising as a result of this contract 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 Michigan Drug Court Grant Program - 2007 I 4 Michigan Supreme Court State Court Administrative Office FY 2007 MDCGP and SCAO/Byrne Drug Court Grant Programs BUDGET WORKSHEET INSTRUCTIONS Note: Change to the MDCGP and the SCAO/Byrne Award Requirements There will be no local match requirement for FY 2007 AIDCGP or SCAO/Byrne Priority Population Awards. However, jurisdictions provide significant local resources to support drug courts, and the revised budget should include the amount of cash and in-kind resources that will be contributed to the program. Other changes for FY 2007 are noted in red below. General Instructions for Completing the Budget Form: The budget detail worksheets should include a thorough justification for all costs, including the basis for computing these costs. The budget must be complete, reasonable, and directly related to the activities proposed in the application. All budgeted expenditures should be split between available funding sources in the following categories: SCAO Grant Award; Local Cash Contribution; In-Kind Contribution; Byrne Grant (SCAO or ODCP); and All Other Grants and Funding Sources. The source of other funding sources must be identified (e.g., Child Care Fund, BJA Discretionary Grant etc.) The totals on the budget detail worksheets should tie back to the budget summary. Item A - Personnel: On the budget detail worksheet, list each position by title or name of employee, if available. In the computation column, show the annual salary rate and the percentage of time devoted to the project. These amounts should then be allocated to the funding sources that will be used. The amounts on the personnel total line should tie back to the amounts shown for personnel on the budget summary. Item B - Fringe Benefits: Fringe benefits should be based on actual known costs or an established formula. Fringe benefits are only for the personnel listed in the budget and only for the percentage of time devoted to the project. On the budget detail worksheet, check the fringe benefits that apply and indicate the composite rate percentage. The amount shown for fringe benefits should be equal to the personnel costs multiplied by the composite rate. Item C - Contractual: For each contract enter the name of the contractor or consultant, service to be provided, hourly or daily fee (eight hour day), and estimated time on the project. Consultant fees must conform to federal guidelines and cannot exceed $450 per day or $56.25 per hour. Contractual services for treatment, case management/monitoring, and drug testing should be included in this section. NOTE: Fees for evaluation services are NOT a MDCGP allowable expense beginning FY 2007. Item D — Supplies/Operating: Itemize each supply item and detail the computations (number of items and unit cost per item) for each item listed in this category. MDCGP: Allowable supply/operating expenses include: • Drug testing (not to exceed $10.00 per test) • Drug testing supplies • Participant incentives Page 1 • Transportation expenses for participants (e.g., bus passes) • Registration costs for the 2007 MADCP conference (up to three participants can be included under this section) MDCGP: Disallowable supply/operating expenses include: • Drug testing confirmations • Office supplies and equipment (computers, copiers, printers, furniture, paper, pens, folders, binders. ink cartridges, etc.) • Software (new software, maintenance fees, etc.) • Indirect and administrative fees • Gasoline expenses • Construction or renovation • Meals/Refreshments (except certain approved ceremonies such as graduation) SCAO/Byrne: Allowable supply/operating expenses include: • Drug testing (not to exceed $10.00 per test) • Drug testing supplies • Office supplies (e.g., pens, paper, folders, binders, printing, etc.) SCAO/Byrne: Disallowable supply/operating expenses include: • Drug test confirmations • Equipment (computers, copiers, printers, furniture) • Software (new software, maintenance fees, etc.) • Indirect and administrative fees • Gasoline expenses • Travel or conference registration • Construction or renovation • Meals/Refreshments Other disallowable expenses for both the MDCGP and SCAO/Byrne Awards that should NOT be included in the grant award budgets: • Lobbying • Honorariums • Memberships • Attorney Fees for indigent defense or prosecution • Other costs not directly related to operations of a drug court Item E — Travel: Itemize travel expenses of project personnel by purpose (e.g. home visit, MADCP conference registration. Only travel for the purposes of transporting drug court participants to services, conducting a home visit, or registrations for the Michigan Association of Drug Court Professionals Conference (maximum of three) are allowable travel expenses. Show the basis of computations. All travel must adhere to the most recent approved Michigan Supreme Court Standardized Travel Rates for the Judicial Branch. (Note: these are NOT SCAO/Byrne allowable expenses) Page 2 Item F — Total Project Cost by Funding Source: The total should be all costs associated with the drug court program for FY 2007. Item G — MDCGP Grant Award: The award amount granted by SCAO from the Michigan Drug Court Grant Program. Item H — Byrne Grant Award: The award amount granted by either ODCP or SCAO from the federal Byrne Memorial Justice Assistance Grant program. Item I — Other Grant or Funding Sources: List all other sources of funding that contribute to the operation of your drug court program that include; other grants, foundation funding, endowments, etc. (examples include; BJA Discretionary Grant Program, Juvenile Accountability Block Grant, Child Care Fund, etc.). Item J — Local Contributions: List all sources of local cash and in-kind contributions that are used to operate your drug court program. It is important to include these funding sources to show the actual operations and costs of the total drug court program. Page 3 Person Completing Budget (Signature) SCAO Finance: Approved By (Signature) Date Date Court Name: 52-1 District Court; Contract Year 2007 BUDGET SUMMARY Budget Summary G H I. 1 I. 2 J MDCGP Award Byrne Award Other Grant or Other Grant or Contributions Bud get Cate or SCAO SCAO or Funding Sources Funding Sources Total Cost 2006 or 2007 ODCP Cash In Kind (Circle one) (Circle One) (Specify) (Specify) A Personnel $ $ $42,500 $42,500 B Fringe Benefits $ $ $ $ $21,250 $21,250 C Contractual $ $ $ $ $ $ $ D Supplies/Operating $24,475 $ $ $ $ $ $24,475 E Travel $525 $ $ $ $ $ $525 F Total Project Cost $ 25,000 $ $ $ $ $63,750 $88,750 (by Funding Source) Summary of Drug Court Funding G MDCGP Award SCAO $25,000 H Byrne Award = Granted by: SCAO or ODCP (circle one) $ Other Grant or Funding Sources (Identify: e.g., Child Care Fund, WA Discretionary Grant, etc.) 1. 2. $ 3. Local Contributions 1. Cash $ 2. In Kind (Sobriety Court Probation Officer Salary funded under Oakland County General Fund begin $63,750 October 1, 2006.) $ Total All Funding Sources $88,750 Contact Number SCAO Finance: Print Name Page 4 Print Name Contact Number BUDGET NARRATIVE The budget narrative should justify all costs associated with the proposed project. Use additional pages as needed. A. Personnel B. Fringe Benefits C. Contractual: D. Supplies and Operating: Alcohol and DrugTesting: This line item supplies testing cups by American Bio Medica Corporation. The testing cup is a 12 panel test which provides an immediate result. The cup tests for Barbiturates, Benzodiazepine, Cocaine, MDMA, Methadone, Methamphetamines, Opiates, Oxycodone, Phenecyclidine, Propoxyphene,TIIC and adulterants. The cup costs $9.20 and is sold in boxes containing 25 cups. The cost of the box is $230. At the present time, 110 participants are tested weekly when reporting to the probation officer and testing a second time prior to the monthly judicial review hearing. This results in 220 tests per month or an estimated 2,640 in a year. Consequently, the cost of testing annually is 24,288. The court is requesting $16,000 in funding for testing cups. The program utilizes Ignition Interlock for those participants who have retained driving privileges. The cost of Ignition Interlock is $705 for the nine month period. This includes the cost of installation, removal and the cost of downloading. $705 x 5 participants = $3525. Incentives: We anticipate 32-40 participants will take part in the April 2007 graduation ceremony. There are 70 participants currently in the Intensive Phase who may receive incentives at review hearings. Given the number of participants currently enrolled and scheduled to graduate, the court is requesting $71 to cover the costs of incentives and awards. 70 participants x $71 = $4950. E. Travel and MADCP Conference: The court is requesting funding for three individuals to attend the MADCP Conference. Given the 2006 conference fee of $175, conference attendance will cost $525. Page 5 a) co BUDGET DETAIL WORKSHEET A. Personnel Contributions MDCGP Byrne Award Other Grant Other Grant Computation Total Name/Position Award SCAO-ODCP or Funding or Funding (Hours/Rate) SCAO (circle one) Cash In Kind Probation Officer — $$42,500 $42,500 Lauryn Ferro Grade 9 Step 24 Personnel Total _ B. Fringe Benefits [ ] Employer FICA % [ ] Retirement % [ 1 Hospital insurance % [ ] Dental insurance % [J Vision insurance % [ ] Unemployment insurance % 1 ] Workers' Compensation % [J Life insurance % [ ] Other % [ 1 Other % Composite Rate _50.5 % MDCGP Byrne Award Other Grant Other Grant Contributions Award SCAO-ODCP or Funding or Funding Total SCAO _ (circle one) _ Cash In Kind — _ Fringe Benefit Total $ $ $ $ $ $21,500 $21,500 Total Personnel and Fringe Benefits $ $ $ $ $ $63,750 $63,750 Page 7 C. Contractual Unit Cost of MDCGP Byrne Award Other Grant Other Grant Contributions Name of Contractor Service & Award SCAO-ODCP or Funding or Funding # of Units SCAO (circle one) Cash In Kind Total - , Contractor $ $ $ $ $ $ $ Services to be Provided Contractor $ $ $ $ $ $ $ $ Services to be Provided Contractor $ $ $ $ $ $ $ Services to be Provided Contractor I $ I $ $ , $ I $ I $ I $ $ Services to be Provided , Contractor $ $ $ $ $ $ $ . $ Services to be Provided Contractor Is Is Is Is Is is Is , $ Services to be Provided Total Contractual $ $ $ $ $ $ $ $ Page 8 D. Supplies/Operating Unit Cost of MDCGP Byrne Award Other Grant Other Grant Contributions Item & Award SCAO-ODCP or Funding or Funding Total Item # of Units SCAO (circle one) Cash In Kind Bio Modica Test Cups $9.20/cup $16,000 $$ $ $ $ $16,000 Ignition Interlock $705/unit $3525 $ $ $ $ $ $3525 Incentives $71170 $4950 $ $ $ $ $ $4950 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Supplies/Operating $24,475 24,475 $ $ $ $ $24,475 E. Travel (mileage for participant purposes and/or MADCP registration) MDCGP Byrne Award Other Grant Other Grant Contributions Computation Award SCAO-ODCP or Funding or Funding Total Type of Travel Expense SCAO (circle one) Cash In Kind MA DCP Conference $525 $ $ $ $ $ $525 $175x3 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Travel $525 $ $ $ $ $ $525 Page 9 Grant Match Grants-State ($ ($ ($ FISCAL NOTE (MISC. #06247) December 14, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: 52nd DISTRICT COURT, DIVISION I - 2007 MICHIGAN DRUG COURT PROGRAM CONTINUATION (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 52nd District Court, Division I (Novi) has received a grant from the State Court Administrative Office (SCA0), Michigan Drug Court Program in the amount of $25,000; for the period of October 1, 2006, through September 30, 2007. 2. The total program budget is for $88,750 which includes an award from SCAO of $25,000 with $63,750 in general fund in-kind support and no required County cash match. 3. This is the fifth year that the 52-1 Novi Drug Court has been awarded grant funding from SCAO. 4. The Byrne grant matching funding has expired as of this year and in-kind support has increased, enabling the drug court program to continue. 5. The required in-kind general fund support is currently budgeted in the 52-1 District Court budget, under account Drug Treatment Court Fee (630565), and Court Cost Sobriety (630105). 6. The grant continues funding of testing supplies of $24,475 and travel of $525 for a total grant award of $25,000. 7. This grant no longer funds one (1) special revenue full-time eligible Probation Officer I position (3020205-09903) which was deleted as a special revenue position, and a new position created as general fund/general purpose per MR#06170, which is funded by an increase in sobriety court fee revenue. 8. The County cash match requirement was discontinued, and the County is contributing in-kind drug court program support of $63,750. 9. The County is not expected to incur administrative and support costs for FY 2007, as no positions are funded by this grant. 10. A budget amendment is recommended to the FY 2007 Special Revenue Fund as follows to accept continued funding from the SCAO, 52-1 District Court Drug Court grant: Special Revonue Fund 27150 Project #GR0000000239 Activity A, Analysis Type GLE Revenue 3020201-121050-620467 3020201-121050-615571 FY 2007 14,189) 10,000) 24,189) Expenditures 3020201-121050-702010 3020201-121050-722740 3020201-121050-732018 3020201-121050-750280 Salaries Fringe Benefits Travel and Conference Lab. Supplies ($ 24,595) ( 12,421) 525 12,302 ($ 24,189) $ FINANCE COMMITTEE FINANCE COMMITTEE Motion carried on a roll call vote with Rogers, Melton, Palmer, Coulter and Woodward absent, Ruth Johnson, County Clerk Resolution #06247 December 14, 2006 Moved by Molnar supported by Gregory the resolutions (with fiscal notes attached) Agenda, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jacobsen, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Zack, Bullard. (23) NAYS: None. (0) on the Consent Jamian, KowaII, Suarez, Wilson, A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, 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 14, 2006, 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 14th day of December, 2006.