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HomeMy WebLinkAboutResolutions - 2006.11.30 - 28281November 30, 2006 REPORT (MISC. #06223) BY: Personnel Committee, Gregory C. Jamian, Chairperson RE: Circuit Court/Family Division — 2007 Michigan Drug Court Continuation (SCAO) Juvenile Drug Court Grant Acceptance TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Personnel Committee having reviewed the above referenced resolution on November 15, 2006 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on a unanimous roll call vote with Jam ian, Coleman and Scott absent. MISCELLANEOUS RESOLUTION #06223 November 30, 2006 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: CIRCUIT COURT/FAMILY DIVISION - 2007 MICHIGAN DRUG COURT CONTINUATION (SCAO) JUVENILE DRUG COURT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court, Family Division, applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a grant period of October 1, 2006 through September 30, 2007; and WHEREAS the application requested total program funding in the amount of $453,667, but the subsequent program budget was for $493,493 including $80,000 in SCAO funding, $325,000 in Child Care Fund funding, $50,000 of Other Grant funding from the Department of Human Services/Bureau of Juvenile Justice Grant (DHS/BJJ), $32,493 of In-kind matching General Fund support, and $6,000 in contributed cash matching funds; and WHEREAS that cash and in-kind matching funds are no longer required, and are now designated as contributed funding. WHEREAS the Circuit Court Juvenile Drug Court program in previous years was funded jointly by the SCAO and the Byrne Memorial Drug Court Grant, which the court has exhausted its four years of eligibility; and WHEREAS the Circuit Court/Family Division has received permission from DHS/SCAO to use $325,000 in Child Care Fund funding program support, of which 50% is reimbursable; 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 out-of-home placement days ordered; and WHEREAS to provide coordination and supervision of the grant program, one (1) full-time eligible (FTE), special revenue SCAO funded Community Service Coordinator position (3010402-09712) (Juvenile Drug Court Coordinator) will be continued within the Family Division of the Circuit Court, which is proportionately funded by 27% SCAO grant and 73% Child Care funds; and WHEREAS (1) FTE Youth and Family Caseworker II position (3010402-09711) (formerly JABG funded); and (1) FTE position (3010402-09835) Youth and Family Caseworker II, and (1) PTNE position (3010402-09836) Technical Aide (both formerly Byrne Grant funded), are being changed to 27% SCAO and 73% Child Care Fund funding; and WHEREAS in addition, this award provides funding for drug testing supplies, contractual services for drug testing; individual, group, and family treatment therapy services; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the contract has been approved in accordance with the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrative Office (SCAO), Michigan Drug Court Program Grant, in the amount of $493,493, which includes $80,000 from SCAO, $325,000 of contributed Child Care Funds, $50,000 of Other Grant Funding from the (DHS/BJJ) grant award, $32,493 of In-kind matching General Fund support and $6,000 in contributed cash matching funds. PUBLIC SERVICES COMMITTEE VOTE: Motion carried on a roll call vote with Scott, Gregory and Gershenson absent. BE IT FURTHER RESOLVED that the Circuit Court Juvenile Drug Court program in previous years was funded jointly by the SCAO and the Byrne Memorial Drug Court Grant, which the court has exhausted its four years of eligibility. BE IT FURTHER RESOLVED that the total program cost of $493,493 is for personnel cost, other program costs, such as contractual services and drug testing supplies. BE IT FURTHER RESOLVED that cash and in-kind matching funds are no longer required and are now designated as contributed funding. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued interpretation of the contract consistent with the February 6, 2001, letter from the Michigan Supreme Court, State Court Administrative Office, providing that assurance #4 of that grant application shall not be construed as a mandate for future funding of the program from the funding unit, said letter attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that one (1) (FTE) special revenue Community Service Coordinator (Juvenile Drug Court Coordinator) position (3010402- 09712) be continued within the Family Division of the Circuit Court with proportionate funding of 27% SCAO and 73% Child Care Fund funding. BE IT FURTHER RESOLVED that one (1) (FTE) special revenue position (3010402-09711) (formerly JABG funded); and (1) (FTE) special revenue position (3010402-09835) Youth and Family Caseworker II, and one PTNE Technical Aide position (3010402-09836) (both formerly Byrne Grant funded) are being changed to 27% SCAO and 73% Child Care Fund funding. BE IT FURTHER RESOLVED that all positions and other program costs are contingent on continuation of State grant funding. 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. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Page 1 of 2 Pam Worthington From: Greg Givens [givensg@oakgov.conn} Sent: Friday, November 03, 2006 3:10 PM To: Doyle, Larry; 'John Cooperrider'; 'Pamela Davis'; 'Malone, Prentiss' Cc: 'Timothy Soave'; 'Worthington, Pam'; 'Candace Frederick', Greg Givens; 'Hanger, Helen'; 'Johnston, Brenthy'; 'Mitchell, Sheryl'; 'Pardee, Mary'; 'Smith, Laverne'; 'Wenzel, Nancy' Subject: GRANT REVIEW SIGN OFF - Circuit Court / Family Division GRANT REVIEW SIGN OFF — Circuit Court / Family Division GRANT NAME: FY 2007 Family Focused Juvenile Drug Court — Michigan Drug Court Grant Program FUNDING AGENCY: Michigan State Court Administrative Office (SCAO) DEPARTMENT CONTACT PERSON: John Cooperrider / 8-0256 STATUS: Acceptance DATE: November 3, 2006 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned review comments. 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 Sign Off 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 REVIEW Please note the comment from Risk Management. This issue has been resolved. Department of Management and Budget: Approved. — Tim Soave (11/3/2006) Department of Human Resources: Approved. —Nancy Scarlet (10/30/2006) Risk Management and Safety: Approved by Risk Management with the following comment: I noted that the "Indemnification" provision from the previous contract has been changed to a "Liability" provision. The 2005 grant contract provided in part: "Each party to this contract will remain responsible for any claims arising under that party's performance...." The 2007 Grant contract does not contain this provision and instead contains a liability provision that does not address "mutual" liability for each parties actions. Risk Management defers to Corporation Counsel on this issue. — Julie Secontine (10/31/2006) Corporation Counsel: After reviewing this grant contract, there appear to be no outstanding legal issues that require additional action or resolution. — Karen Agacinski (11/3/2006) COMPLIANCE The grant contract references a number of specific federal and state regulations. Below is a list of these 11/8/2006 REQUEST: 1. To accept the 2007 Juvenile Drug Court — State Court Administrative Office (SCAO) Grant administered by the Michigan Drug Court Program. 2. To fund one (1) Youth & Family Caseworker II position (3010402-09835) (formerly funded by SCAO and Byrne), and one (1) Youth & Family Caseworker II position (3010402-09711) (formerly funded by the JABG). 3. To fund one (1) Community Service Coordinator position (3010402-09712) and one (1) PTNE Technical Aide position (3010402-09836), both positions formerly funded by the BYRNE/SCAO grants. BOARD COMMITTEE ACTION: Public Services: Personnel Committee: Finance Committee: Final Board of Commissioners: PROPOSED FUNDING: November 14, 2006 November 15, 2006 November 16, 2006 November 30, 2006 $ 325,000 - Child Care Funding (CCF) $ 80,000 - State Court Administrative Office (SCAO) $ 50,000 - Department of Human Services/Bureau of Juvenile Justice Grant (DHS/BJJ) $ 32,493 - In-Kind matching General Purpose/General Fund (GF/GP) $ 6,000 - Contributed Cash Matching Funds $ 493,493 TOTAL Positions to be 73% CCF and 27% SCA0 funded. OVERVIEW: The Circuit Court has applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program with a grant period of October 1, 2006 through September 30, 2007. The Family Division Court has received permission from the Department of Human Services (DHS) and the State Court Administrative Office (SCAO) to use $325,000 in Child Care funding program support, of which 50% is reimbursable. The Circuit Court intends to continue programs within the Drug Court to deal with the problems of increasing recidivisim, increasing use of alcohol and illegal drugs, rising systems costs and an increase in out of home placement days ordered. To support this program, this grant will fund the following positions: (2) Youth & Family Caseworker II positions, one (1) Community Service Coordinator, and one (1) PTNE Technical Aide. Recommended. COUNTY EXECUTIVE RECOMMENDATION: PERTINENT SALARIES 2007 Classification Gr. Period Base 1 Year 2 Year 3 Year 4 Year. 5 Year. Youth & Family Annual 47,353 50,210 53,064 55,926 58,783 61,642 _ Caseworker II Bi-weekly 1,821.26 1,931.15 2,040.91 2,151.01 2,260.872,370.85 Community Service 11 Annual 46,000 48,773 51,551 54,325 57,099 59,871 _. Coordinator Bi-weekly 1,769.24 1,875.89 1,982.75 2,089.44 2,196.10 2,302.74 Technical Aide Annual 30,133 30,972 31,811 ---- ---- Bi-weekly 1,158.96 1,191.23 1,223.51 ---- ----_ ---- Hourly 14.491 14.90 15.29 ---- ---- ---- Note: Annual rates are shown for illustrative purposes only SALARY AND FRINGE BENEFIT COST Youth & Family Caseworker II (2 positions) Salary @ 5 year step Fringes @ 53.4% Total for two Community Service Coordinator Salary @ 5 year step Fringes @ 53.4% Total ANNUAL COST $123,284 65,834 $189,118 $ 59,871 $ 31,971 $ 91,842 Technical Aide (PTNE) Salary @ 1 year step (1,000 hours) $ 14,490 Fringes @ 9.1% 1,319 Total $ 15,810 Cost $ 296,770 If you have any further questions, Please . SiOecrely, me. • r n A. Monk uty State Co= Aantinistrator Feb-06-01 16P , triackskrizie ,FBQZ1 12:47 Frot:SCAO CENTRAL 248-306-9i47 ' P . 02 — 5173732112 • 7-420 A. D2/112 Joir-I 1 I Michigan SuprOtie Catt.rt State Court Adrointqtrative _Office ED. Box Lansing, Michigan 4391)0 ••Priam (W7 3734130 *lit D. lreerplz. Imo [mit hdulimbaluer •February 2001 Honorable Brian hdanICetaie 52" District Cann 42150 Grand River Ave. . Novi, Nil 48374-2222 . Dear Judge lvfaelCmszln: Pursuant to our conversation this .. -., ' . -_, regarding the Mei:igen Drug Court Grant - Program, I am providing information concerning ' - mance #4 in the application maveziaLs. The assurtuu=s included M the Nfteltignit prug Court Grant application materials are the t4cc same as the assurances required to apply for and apt federal program runding for drug court progrerns, Assurance #4 calls for the applicant provide assurance of a program's intent tO continue funding whather that be from loCal, o state, or federal sources of funding. The Michigan Drug Court Grant Program is a stotC-orroiaribted program funded with lizaited genexel fond dollars, . The fending is intended to assist iAideve1oping end implementing nevi programa and provide limited support to curtain' uing prota_ It is, however, the program's responsibility to eventually seek addlitnal aourc.cs of fundinks.itThis should not be construed as a mandate for fittnre funding of a program front the ftutding UM Grantor Funds: Total Budget: Match and Source: GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Ed Poisson — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Circuit Court / Family Division FY 2007 Michigan Drug Court Grant Program Award for Family Focused Juvenile Drug Court State Court Administrative Office (SCAO) Please be advised the above mentioned grant information was put into contract review today. A hard copy of these materials has been sent to you for review. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: November 6, 2006 GRANT INFORMATION Date: October 30, 2006 Operating Department: Circuit Court / Family Division Department Contact: John Cooperrider Contact Phone: 248-858-0256 Other ID Number: REVIEW STATUS: Contract Funding Period: October 1, 2006 through September 30, 2007 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None Funding Continuation/New: Continuation Application Total Project Amount: $493,493 Prior Year Total Funding: $363,343 New Grant Funded Positions Request: None Changes to Current Positions: Continuation of existing positions #09835 and 09836 (previously Byrne), #09712 (SCAO) and #09711 (previously JABG) $ 80,000 $493,493 ($375,000 funded through Child Care Fund & BJJ grant) None Required PROJECT SYNOPSIS This grant supports the operation of an intensive, community based treatment and court supervision program for approximately 45 substance abusing juvenile offenders annually, with an 85% success rate in preventing recidivism. Prentiss Malone From: Greg Givens Lgivensg@oakgov.cornj Sent: Monday, October 30, 2006 1:39 PM To: 'Malone, Prentiss' Cc: 'John Cooperrider; 'Pamela Davis' Subject: FY 2007 Family Focused Juvenile Drug Court MEMO TO: Prentiss Malone, Fiscal Services FROM: Greg Givens, Fiscal Services DATE: October 30, 2007 RE: Circuit Court / Family Division FY 2007 Family Focused Juvenile Drug Court Please be advised I have emailed to you the above referenced grant contract. Today these materials went into contract review. Please coordinate with your operating department in putting together the appropriate grant package which should include: a Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and the final email from me containing grant review Sign Off comments. I will forward to you the full review information when it is returned by the review departments. At that point we can work together in getting the grant materials to the operating departments so they may request the grant materials to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Time Frame: November 6, 2006 Thanks — call if questions / 84057. 10/30/2006 MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2007 GRANT CONTRACT 6th Circuit Court - Juvenile Drug Court Contractor 38-6004876 Federal ID Number SCAO-2007-016 SCAO Grant Number $80,000 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 (SCAO). 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 for the program, and this contract. 1. Contract This contract incorporates the Contractor's approved grant request and final approved budget. 2. Contract Administration The State Court Administrator or his agent shall have full authority to act for the grantor in the administration of this contract consistent with the following provisions. 3. Term of Contract This contract shall be effective upon the signature of the State Court Administrator or Deputy State Court Administrator, and the signature of 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, S CAO agrees to provide funding from the MDCGP in an amount not to exceed the amount of the grant contract. In no event does this contract create a charge against any other funds of SCAO or the Michigan Supreme Court. 5. Conduct of the Project A. 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 exceeding $1,000 are implemented during the grant period. Michigan Drug Court Grant Program - 2007 2 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- federally funded program or service that incorporates such religious activities: (1) any such activities must be voluntary for program participants, and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non-federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program participants, the 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 prior to entering into a subcontract agreement and shall be responsible for the performance of any subcontractor. Michigan Drug Court Grant Program - 2007 3 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. 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 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 information provided by SCAO or any other source that falls within HIPAA Michigan Drug Court Grant Program - 2007 4 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 falls under HIPAA and/or 42 CFR 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 this 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 regulations. 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 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. Michigan Drug Court Grant Program - 2007 5 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 coniTarlor 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 All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor in the performance of this contract shall be the responsibility of the . „ _ . _ _ Contractor, and not the responsibility of the State Court Administrative Office, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, or anyone directly or indirectly employed by the Contractor, or any subcontractor, provided that nothing herein shall be construed as a waiver of the governmental immunity that has been provided to the Contractor or its employees by statute or court decision. Michigan Drug Court Grant Program - 2007 6 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 (1)_the standard procedures ofthe Contractoes-unit- - government. and (2) the administrative and budget requirements of the MDCGP. 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 andlor 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 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 Michigan Drug Court Grant Program - 2007 access to and the right to examine and audit any of the materials during the term of this contract and for five years after final payment. If an audit is initiated before the expiration of the five-year period, and extends past that period, all documents shall be maintained until the audit is complete. SCAO shall provide audit findings and recommendations to 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 _ . immediately_refuncLalLamountsitint.mqy hp rine r.n,ar.)._.-Failirre nEthe 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 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 Michigan Drug Court Grant Program - 2007 8 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. 16. 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 follows: A. Financial Reports: Financial reports are due quarterly, one month following RA ah-quat-tenof_thediscal yearoyith the exception-of-the 4th quartarly-repor4-- 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. Prooress 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 program's goals and objectives, detail the status of accomplishments for each goal and objective, discuss any changes in the program's goals and objectives as set forth in the application for grant funding, and describe program activities during the reporting period. The final report must provide a summary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award. C. 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 Michigan Drug Court Grant Program - 2007 9 replace the "Drug Court Data Collection Report." The data validation forms will be due January 31, April 30, July 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 - - - - - ofeach-required_report- as. outlinedinsections_A, B,_and_aabove -Tf-any report is- - -- thirty days past the due date, a delinquency notice will be sent out 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. 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. 1 7. Reimbursement A. Reimbursement from SCAO is based on the understanding that SCAO funds will be paid up to the total SCAO allocation as agreed to in the approved budget. Michigan Drug Court Grant Program - 2007 10 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 Depat talent of Management and Budget's website at: http://www.epexpress.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 aPPi--Oval Of SCAD: ReqSt-S-TOr expenditures within line items and between line item categories exceeding $1,000 must be made using a Contract Adjustment Request form which can be obtained from SCAO. 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. Michigan Drug Court Grant Program - 2007 11 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. 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 are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq., MSA 4.1700(51) et seq., and 1973 PA 196, as amended, MCL 15.341 et seq., MSA 4.1700 (71) et seq. 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) Chief Judge (Signature) Michigan Drug Court Grant Program - 2007 12 Date Date 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 MDCGP 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 Print Name Contact Number SCAO Finance: Print Name Contact Number Court Name: Oakland County 6th Circuit Court Family Focused Drug Court Contract Year: FY2007 BUDGET SUMMARY Budget Summary G H 1. 1 1.2 J MDCGP Award Byrne Award Other Grant or Other Grant or Contributions SCAO SCAO or Funding Sources Funding Sources Budget Category Total Cost 2007 ODCP DHS/B.T.I Crant Child Care Fund Cash In Kind A Personnel 54,000 144,445 21,662 220,107 B Fringe Benefits $ 26,000 $ $ $ 67,075 $ $ 10,831 $ 103,906 C Contractual $ $ $ 50,000 $ 100,000 $ $ $ 150,000 D Supplies/Operating $ $ $ $ 13,480 $ 6,000 $ $ 19,480 E Travel $ $ $ $ $ $ $ F Total Project Cost 80,000 50,000 325,000 6,000 32,493 493,493 (by Funding Source) Summary of Drug Court Funding G MDCGP Award SCAO 80,000 ii Byrne Award = Granted by: SCAO or ODCP (circle one) I Other Grant or Funding Sources (Identify: e.g., Child Care Fund, BJA Discretionary Grant, etc.) 1. Child Care Fund (**** NOTE **** 50% of the Child Care Fund expenditures are paid by the county) 325,000 2. DI1S/BJJ Grant $ 50,000 3. Local Contributions 1. Cash (**** NOTE ***** 50% of the Child Care Fund expenditures are paid by the county and could be 6,000 considered cash match) 2. In Kind $ 32,493 $ Total All Funding Sources 493,493 _ Page 4 BUDGET NARRATIVE The budget narrative should justify all costs associated with the proposed project. Use additional pages as needed. A. Personnel: Coordinator: The coordinator performs the job duties of staff supervision and training, backup coverage for probation officers' caseloads in staff absence, coordination of weekly case conferences, initial case screening for eligibility, liaison and contract oversight with service providers, and preparation and maintenance of program procedural manuals. Oakland County established the pay grade for this position as the equivalent of a "Community Service Coordinator". The incumbent is a tenured employee who is paid at the top of the salary grade, based on her experience and qualifications. (FTE) Drug Court Probation Specialists: Conduct the daily activities of juvenile supervision. Other duties are outlined in the position description. These positions are equivalent to Merit System Child Welfare Worker 11. Personnel Committee Advisors recommended this pay level to the Oakland County Board of Commissioners, from the County Executive's Fiscal Services Department. Data Entry Clerk: Performs duties of a para-professional nature. They gather, organize and record data for project evaluation activities and reports. They may assist in preparing written reports and assist with interviews and phone requests for information. Clerk may accompany professional staff on assignments related to juvenile drug court. B. Fringe Benefits: Benefits are paid according to the Oakland County Merit System. The rate for full time employees is estimated at 50.55% of the salary (9.8% part time). C. Contractual: Treatment: Individual, group and family treatment is provided to drug court participants, with the assistance and oversight of the Office of Substance Abuse Services. D. Supplies and Operating: Incentives for participants in the program. E. Travel and MADCP Conference: Page 5 BUDGET DETAIL WORKSHEET A. Personnel , Other Grant Contributions MDCGP Byrne Award Other Grant Computation or Funding Total Name/Position Award SCAO-ODCP or Funding (Hours/Rate) Child Care SCAO (circle one) Cash In Kind Fund . . . Corene Munro, 40 hours at $ 16,760 $ $ 43,111 $ $ $ 59,871 $28.78/hour Coordinator _ Jackie Howes-Evanson, 40 hours at $ 17,260 $ $ $ 44,382 $ $ $ 61,642 $29.63/hour Probation Officer Megan Wentz, Probation 40 hours at$ 17,260 $ $ $ 44,382 $ $ $ 61,642 $29.63/hour Officer Candace Sereno, Data 20 hours at$ 2,720 $ $ $ 12,570 $ $ $ 15,290 $15.29/hour Entry Clerk • _ - 20 hours at $ $ $ $ $ $ 8,636 $ 8,636 Ian Simons, Prosecutor $15.29/hour _ Edward Sosnick, Circuit 4 hours at Court Judge (County $ 3,257 $ 3,257 $15.66/hour portion only) _ _ Marty Alvin, Juvenile 4 hours at $ 9,769 $ 9,769 Court Referee $46.97/hour Personnel Total $ 54,000 $ $ _. $ 144,445 $ $ 21,662 $ 220,107 B. Fringe Benefits [ ] Employer FICA 7.65_% [ ] Retirement 25.09_% [ 1 Hospital insurance 14.07_ % [ I Dental insurance _1.48 % [ ] Vision insurance 0.16 % [ ] Unemployment insurance _0.18 % [ ] Workers' Compensation _1.16_% _ [ ] Life insurance _0.33 % [ ] Other Disability _0.43_% [ ] Other % — Composite Rate 50.55_% Page 6 I Total Personnel and Fringe Benefits $ 324,013 I $ 80,000 $ 211,520 $ 32,493 Page 7 MDCGP Byrne Award Other Grant Other Grant Contributions Award SCAO-ODCP or Funding or Funding Total SCAO circle one) CCF Cash in Kind Fringe Benefit Total $ 26,000 $ $ $ 67,075 $ $ 10,831 $ 103,906 — C. Contractual Unit Cost of MDCGP Byrne Award Other Grant Other Grant Contributions Name of Contractor Service & Award SCAO-ODCP or Funding or Funding 1 Tl It of Units SCAO (circle one) DHS/B1 CCF Cash I Kind ota Grant Contractor Jail Alternative of Michigan (JAMS) $ $ $ $ 10,000 $ $ . $ 10,000 Services to be Provided To provide drug testing services for participants ($10/test kit). Contractor Office of Substance Abuse Services (OSAS) $ $ $ $ 49,000 $ 100,000 $ $ $ 140,000 Services to be Provided Individual, group, and family therapy provided to drug court participants by various agencies, with the assistance and oversight of the Office of . Substance Abuse Services. Group sessions are $18/day or $27/day. Individual sessions are $63/day. Contractor $ $ $ $ $ $ $ $ _ Services to be Provided Contractor $ $ $ $ _ $ $ $ Services to be Provided Contractor $ I $ [ $ I $ $ I $ I $ Services to be Provided Total Contractual $ $ $ 50,000 $ 100,000 $ $ $ 150,000 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) CCF Cash In Kind ._ Incentives $ $ $ $ $ 6,000 $ $ $ 6,000 Graduation supplies $ $ $ $ $ 3,480 $ $ $ 3,480 Drug Test Kits $ $ $ $ $ 4,000 $ $ $ 4,000 _ $ $ $ $ $ $ $ $ Defense Attorney Fees $ $ $ $ $ $ 6,000 $ $ 6,000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ _ $ $ $ $ $ Total Supplies/Operating $ $ $ $ $ 13,480 $ 6,000 $ $ 19,480_ 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 $ $ $ $ $ $ $ _ $ $ $ $ $ $ $ $ $ $ $ $ $ $ _ _ $ _ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Travel $ $ $ $ $ _ $ Page 9 • •Of FISCAL NOTE (MISC. 106223) November 30, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: CIRCUIT COURT/FAMILY DIVISION - 2007 MICHIGAN DRUG COURT CONTINUATION (SCAO) JUVENILE DRUG COURT GRANT ACCEPTANCE To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Circuit Court has received a grant from the State Court Administrators Office (SCAO), Michigan Drug Court Program, for the period of October 1, 2006, through September 30, 2007 in the amount of $80,000. 2. Total program funding of $493,493 is derived from the following sources: - SCAO grant fund (27140) award of $80,000. - General Fund (in-kind) match of $6,000 in Defense Attorney Fees. - General Fund (in-kind) support of $32,493 for personnel costs associated with the Judges and Prosecutors. - Child Care Fund (CCF) (20293) support of $325,000 for position cost, and controllable operating cost. - Department of Human Services/Bureau of Juvenile Justice grant (DHS/BJJ) fund (27170) (in-kind) grant funding support of $50,000 for contractual services for drug testing and therapy. 3. Grant Match of $162,500 is available in General Fund non-departmental Grant Match account as a 50% match requirement for Child Care funding. 4. There are four (4) positions established to support this program that are proportionately funded as 27% by the SCAO grant and 73%- by Child Care funds at a total cost of $291,520 identified as follows: - One (1) (FTE) full-time eligible special revenue Community Service Coordinator position (3010402-09712) within the SCAO Family Division Drug Court, to provide program coordination and supervision. - Position (3010402-09711) (1) FTE Youth and Family Caseworker II (formerly JAIBG funded). - Positions (3010402-09835) (1) FTE Youth and Family Caseworker II (formerly Byrne Grant funded). - Position (3010402-09836) (1) PTNE Technical Aide (formerly Byrne Grant funded). 5. JABG funding has been discontinued effective September 30, 2006, therefore one position (3010402-09711) is transferred from JABG to SCAO/Child Care Fund effective October I, 2006. 6. The Byrne Grant funding was discontinued effective September 30, 2006 therefore two (2) positions (3010402-09835 and 3010402-09836) are transferred from Byrne to SCAO/Child Care Fund effective October 1, 2006. The FY 2007 Adopted Budget is amended to reflect discontinuance of grant funding of $124,776. 7. The total program cost of $493,493 by cost category is as follows: - Total position cost of $324,013. - Professional services of $150,000. - Laboratory and drug testing supplies of $19,480. 8. The FY 2007 adopted budget for the SCAO Juvenile Drug Court will be amended by $130,000 (from $210,000 to $80,000) to reflect the FY 2007 contract award. FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Melton, Wilson and Jamian absent. Grant Match Grants-State ($110,000) ($110,000) (20,000) (20,000) ($13q,000) ($130,090) 9. In addition to the contributed County match funds, the County is expected to incur administrative and support costs of $20,250 for 2007, which has been included in the FY 2007 budget. This grant does not allow for recovery of indirect cost. 10. According to the current agreement language, acceptance of this grant will not require the County to continue the program beyond the grant- funding period. 11. An amendment to the FY 2007 and 2008 budgets is recommended to accept the continuation funding from SCAO; and to amend the adopted General Fund, Byrne grant, and Child Care Fund budgets as follows: Child Care Fund 20293 Circuit Court/Family Division Revenues 9010101-121200-615359 Child Care Subsidy 9090101-121200-695500-10100 Transfer-In from GF FY 2007 FY 2008 $162,500 $162,500 162,500 162,500 $325,000 $325,000 Expenditures 3010402-121200-702010 3010402-121200-722740 3010402-121200-731458 3010402-121200-750280 Salaries Fringe Benefits Professional Services Lab. Supplies $144,445 $144,445 67,075 67,075 100,000 100,000 13,480 13,480 $325,000 $325,000 General Fund-10100 Non-Dept'l/Cir. Ct.-Family Div. Expenditures 9090101-121200-730800 Grant Match ($162,500)($162,500) 3010301-121200-788001-20293 Transf-Out to CCF 162,500 162,500 0 $ 0 Special Revenue Fund 427140 - SCAO Grant Project 4GR0000000236 Activity A, Analysis Type GLB Revenues 3010402-121200-620467 3010402-121200-615571 Expenditures 3010402-121200-702010 3010402-121200-722740 3010402-121200-731458 3010402-121200-722740 Salaries ($ 5,272) Fringe Benefits (3,340) Professional Services(107,055) Office Supplies (14,333) ($ 5,272) (3,340) (107,055) (14,333) ($130,000)_ k$130,0001 Special Revenue Fund #27170 - Byrne Memorial Grant Project 4GR0000000244 Activity A, Analysis Type GLB Revenues 3010402-121200-610313 Grants Federal ($124,776) ($124,776) ($124,776) _($124,77.6.), Expenditures 3010402-121200-702010 3010402-121200-722740 3010402-121200-731458 Salaries ($74,988) ($74,988) Fringe Benefits (31,108) (31,108) Professional Services (18,680) (18,680) _($124,776) ($124,776) FINANCE COMMITTEE • RuttrJöThison, County Clerk November 30, 2006 Resolution #06223 attached) on the Consent Jacobsen, Jamian, Kowa Suarez, Wilson, Woodward, Moved by Suarez supported by Molnar the resolutions (with fiscal notes Agenda, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Long, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voting in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted (with accompanying reports being accepted). I MY APPROVE THE FORANG RESPUTEN 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 November 30, 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 30th day of November, 2006.