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HomeMy WebLinkAboutResolutions - 2006.10.19 - 28296MISCELLANEOUS RESOLUTION #06205 October 19, 2006 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - FY 2006/2007 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Department of Public Services Community Corrections Division applied to the Michigan Department of Corrections (MDOC) for $3,860,297 in grant funds for the period of October 1, 2006, through September 30, 2007; and WHEREAS the MDOC has awarded Oakland Co .s.nty a 2006/2007 Community Corrections grant in the amount of $3,800,384 (Schedule A) which is a 2% variance or $59,913 less than roouested in the application; WHEREAS the grant funds the following Community Corrections Division positions of sixteen (36) Community Corrections Specialist us (positions # 7424, 7425, 7426, 7427, 7429, 7430, 7431, 7432, 7433, 7434, 9003, 9243, 9247, 9291, 9648, 9649); one (1) PINE Community Corrections Specialist II's (positions 9292), one (1) Office Assistant TI (position 9295), one half (.3) Community Corrections User Support Specialist (position 7834), one (1) Community Corrections Specialist III (position 7428), and one half (.5) Supervisor-Community Corrections (position 9396); WHEREAS the grant funds the following Sheriff's Department positions; three (3) Inmate Caseworkers (positions 7418, 7419, and 7420), one (1) Office Assistant I which is a FTE but is under filled with a PTNE (position 7417), two Inmate Substance Abuse Techs (positions 7421 & 10393), one (1) PTE Inmate Substance Abuse Tech (position 9397); WHEREAS the grant acceptance requires no additional personnel to fulfill the grant agreement; and WHEREAS there is no County match required with this grant; however, it should be noted that there are General Fund/General Purpose funded Community Corrections positions included in the Fiscal Year 2006/2007 Budget, which are not part of this grant; and WHEREAS the grant agreement has been approved by the County Executive's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2006/2007 Community Corrections grant from the Michigan Department of Corrections in the amount of $3,800,384. BE IT FURTHER RESOLVED that the future level of service, including personnel (except the portion of Pretrial Services currently funded by the General Fund/General Purpose Fund), will be contingent upon the level of funding available from the State. 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 Suarez absent. Page 1 of 2 Barb Hankey From: Greg Givens [givensg©oakgov.corn] Sent: Friday, September 29, 2006 3:21 PM To: Doyle, Larry; 'Barb Hankey'; Faiardeau, Nancy Cc: 'Worthington, Pam'; 'Candace Frederick': Greg Givens; 'Hanger, Helen': 'Johnston, Brenthy'; 'Mitchell, Sheryl'; 'Pardee, Mary'; 'Smith, Laverne'; 'Wenzel, Nancy' Subject: GRANT REVIEW SIGN OFF - Community Corrections GRANT REVIEW SIGN OFF — Community Corrections GRANT NAME: FY 2007 Comprehensive Corrections Plan FUNDING AGENCY: Michigan Department of Corrections DEPARTMENT CONTACT PERSON: Barbara M fiankey 451-2306 STATUS: Acceptance DATE: September 29, 2006 Pursuant to Misc. Resolution #01320. please be advised the captioned grant matcrials have completed internal grant review. Below are the returned 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 Department of Management and Budget: Approved. — Laurie Van Pelt (9/20/2006) Department of Human Resources: Approved. — Nancy Scarlet (9/29/2006) Risk Management and Safety: Approved By Risk Management - Andrea Plotkowski (9121/2006) Corporation Counsel: After reviewing this grant contract, there appear to be no legal issues that require additional action or resolution at this time. — Karen Agacinski (9/25/2006) COMPLIANCE The arant contract references a number of spe-.1E.: federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. • Michigan Community Corrections Act Public Act 511 of I9SS htir: tv ,..k..:ilarure.rni.g.p% (tig„31xeltnirj5z55z2uiwv45) ?page—uetobject&objectn in - ni.:1-1,:t-511-of-1988.&quervid=15:z77193 • Michigan Elliott -Larsen Civil Rights At — "Act 453 of 1976" http: nN n‘ (uq3lxgeltnrj5z55z2uiwv45)/milea.aspx?pa_gc—getobject&objectname-nicl-Act-453-of-1976&queryid=14718540 • "Michigan Persons with Disabilities Civil Rights Act" httpliwww.michigan.gov 'documents/act-220-0f- 1976_8771_7.pdf • Michigan Department of Civil Services "Rules 2-20" Workplace Safety littp://vvww.michigan.gov/mdcs • Public Act 278 of 1980— Unfair Labor Practices; Michigan Department of Consumer and Industry Services / Michigan State Contracts with Certain Employers Prohibited "Act 278 of 1980" littp://Nvww.legislature.mi.govi fuq31xgeltnirj5z55z2uiwv45)/m i e g.a spx?pa ,c--,:i_arne=incl-Act-278-of-19808,:v.ieryid=14718870 • Federal Freedom of Information Act "PA 442 of 1976" littp://www.usdoLgov/oip/foia_updates/VolXVII .4/page2.1mn 10/2/2006 • Page 2 of 2 • Michigan Department of Corrections - Policy Directive 01.04.120; Michigan Human Subjects Regulation — http://www.michigan.gov/mdch/0,1607,7-132-2945 32550-99784--,00.html, 10/2/2006 Please complete the following form for all grant review information. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Nancy Scarlet — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — [Community Corrections] [Michigan Department of Corrections Comprehensive Corrections Plans] [Michigan Department of Corrections] Please be advised the above mentioned gam 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. Iwith supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: [10-2-06] GRANT INFORMATION Date: [09-19-06] Operating Department: [ Community Corrections] Department Contact: [ Barbara M. Hankey ] Contact Phone: [ 451-2306 ] Other ID Number: [ ] REVIEW STATUS: Choose one of the following: [Acceptance — Resolution Required] Funding Period: [ October 1, 2006 / September 30, 2007 ] New Facility / Additional Office Space Needs: [ no 1 IT Resources (New Computer Hardware / Software Needs or Purchases): [ ] Funding Continuation/New: [ continuation ] Application Total Project Amount: [3,860,297] Prior Year Total Funding: [3,686,922 New Grant Funded Positions Request: [ 0 ] Changes to Current Positions: [7424, 7425, 7426, 7427, 7428, 7429, 7430,7431, 7432, 7433, 7434. 7834 (.5). 9003, 9243, 9247, 9291. 9292 (PTNTE). 9295, 9648, 9649, 9396 (.5), 7417 1,PTNE), 7418, 7419, 7420, 7421, 9397 (PINE), 10393] . Grantor Funds: [3,800,384] Total Budget: 3,800,384] Match and Source: [ no match required ] PROJECT SYNOPSIS [This is the acceptance for the annual grant for Community Corrections programs. The application for FY 2007 has already been through the contract review process and the application was approved by the Board of Commissioners on July 20, 2006 MR# 06-148] COUNTY COPY Agreement Between MDOC and Oakland County Page 1 AGREEMENT BETWEEN THE STATE OF MICHIGAN DEPARTMENT OF CORRECTIONS AND OAKLAND COUNTY COMPREHENSIVE CORRECTIONS PLANS FEDERAL IDENTIFICATION NUMBER: 38-6004876 This agreement made and entered into for Fiscal Year 2007 by and between the State of Michigan, Department of Corrections, hereafter referred to as the STATE, and: Oaldand County 1200 North Telegraph Pontiac, Michigan 48341 hereafter referred to as the CONTRACTOR. WITNESSETH: In consideration of the mutual promises, covenants, and representations, herein contained, the parties hereto agree as follows: SECTION 1- STATEMENT OF PURPOSE WHEREAS, a Community Corrections Advisory Board representing: OAKLAND COUNTY has been established pursuant to the provisions of Section 7 of Act 511 of the Public Acts of 1988; and whereas a local Comprehensive Corrections Plan has been developed which outlines local goals, objectives, and priorities to decrease prison admissions and increase utilization of community-based sanctions and services for non-violent offenders; and whereas the STATE has approved the Comprehensive Corrections Plan and the award of FY 2007 Community Corrections funds for continued implementation of the plan; this agreement defines the roles and responsibilities of the CONTRACTOR and the STATE and the terms and conditions which apply during the term of this agreement. SECTION 2 - STATEMENT OF WORK A. The CON1RACTOR shall maintain policies and procedures and deliver services to eligible offenders in accord with the goals and objectives, standards and policies as set Agreement Between MDOC and Oakland County Page 2 forth in Act Number 511 of the Public Acts of 1988, the Fiscal Year Appropriations Act, the CONTRACTOR's Comprehensive Corrections Plan, the CONTRACTOR's Fiscal Year program proposal and budget as approved by the STATE and incorporated herein by reference, and the terms and conditions included in the Riders attached hereto. 1. The terms and conditions for the use of the FY 2007 Community Corrections funds awarded to the CONTRACTOR are more specifically described in the Riders A, B, C, and D. a. Rider A prescribes minimum program and financial management standards. b. Rider B prescribes terms and conditions applicable to funds awarded from the state appropriations for Community Corrections Plans and Services. c. Rider C prescribes specific terms and conditions applicable to services which are funded through the state appropriations for Residential Services. d. Rider D prescribes specific terms and conditions applicable to services which are funded through the state appropriations for the Drunk Driver Jail Reduction and Community Treatment Program. 2. Public Act 511 of 1988 states in part that Community Corrections Act funds are to be used to: encourage participation in community corrections programs of offenders who would likely be sentenced to imprisonment in a state correctional facility or jail; reduce the state prison commitment rates within and among local communities; and maintain public safety. (Section 8) 3. The Appropriations Act for FY 2007 states in part that funds appropriated for comprehensive corrections plans are to be utilized for the implementation and operation of programs designed to: reduce admissions to prison of nonviolent offenders who would have otherwise received an active sentence, including probation violators; improve utilization of jail facilities, the first priority of which is to open jail beds intended to house otherwise prison bound felons, and the second priority being to utilize jail beds so that jail crowding does not occur, open jail beds through increased utilization of pretrial release options; reduce the admission or readmission to prison of offenders including probation violators and parole violators, for substance abuse violations. 4. Sex Offender Treatment Limitations - Victim Contact: The CONTRACTOR shall not encourage, initiate, or facilitate any written, verbal, or personal contact between offenders and victims for the purpose of providing any of the services specified in this agreement. Such contact is normally prohibited as a condition of parole or probation, and is expressly prohibited under the terms of this contract, unless ordered by the court. Agreement Between MDOC and Oakland County Page 3 5. Staffing Standards — Criminal Record: The CONTRACTOR shall only appoint employees if they do not have pending criminal prosecution, not under the supervision of a criminal justice agency for a felony or misdemeanor, and do not have any prior felony or misdemeanor conviction without prior written approval from the State before performing any services under this Agreement. Ex- offenders will not be considered as a contracted staff until they have been discharged from all sentences including parole and probation for a minimum of five years. The CONTRACTOR shall document that no staff members assigned to the agreement are related as an immediate family member to an offender being treated at their facility or at the institution to which they have been assigned by the CONTRACTOR. This includes: spouse, parent, grandparent, mother-in-law, father- in-law, child, stepchild, stepbrother, stepsister, brother-in-law, sister-in- law, or other relations by blood or marriage. Licensing: The CONTRACTOR shall maintain and comply with the appropriate STATE license(s). The CONTRACTOR shall ensure staff who provide substance abuse and mental health services are qualified and experienced in contracted area of counseling as follows: a. Master's Degree or above and one year of experience in the contracted treatment area. b. Bachelor's Degree or above and three years of experience in the contracted treatment area, c. Other combinations of education and experience the STATE considers adequate to perform the necessary task effectively and efficiently and which have been specifically approved by the STATE. 7. Accreditation: The CONTRACTOR, as required by the STATE, shall provide substance abuse services from substance abuse treatment providers accredited by an established recognized accrediting agency. The accrediting agencies recognized by the STATE are: a. Joint Commission on Accreditation (JCAHO) b. American Osteopathic Association (AOA) c. Commission on Accreditation of Rehabilitation Facilities (CARF) d. National Committee for Quality Assurance (NCQA) e. Council on Accreditation (COA) Agreement Between MDOC and Oakland County Page 4 8. Funds appropriated for Residential Services are to be utilized to provide services for felony offenders. The following are minimum criteria for the use of funds appropriated for residential services. Offender eligibility criteria. Sentenced felony offenders with sentencing guideline scores must have a sentencing guideline (SGL) minimum maximum of 9 or greater. (2) Sentenced felony offenders without sentencing guideline scores must meet local target population criteria which indicate the offender is jail or prison bound. Felony probation violators are eligible if there has been formal action regarding the violation (defined as any written approval by a judge) and the SGL minimum maximum was greater than 5011 the original charge. (4) Referral of Special Alternative Incarceration (SAD graduates must be in accord with the condition of sentence and the STATE policies for SAT aftercare services. Parole violators are eligible pursuant to STA'1E and CONTRACTOR policies and procedures which identify and prescribe local correctional interventions to be utilized as alternatives to placement in a Technical Rule Violation Center or return to prison. In accord with STATE policies, eligibility is limited to Level III Parole Violators which require an Area Manager Review as defined within the STATE's Parole Violation Response Guidelines. The CONTRACTOR's policies and procedures specify the programs and or services to be utilized and local conditions and or stipulations and procedures for referral and placement of eligible parole violators in community-based programs. b. Residential Services shall be provided in accord with the Minimum Program Standards for Residential Service Programs as adopted by the State Community Corrections Board. B. The CONTRACTOR shall submit: monthly fiscal reports, program data, and midyear and year-end reports to the STATE. The format and content of the reports are prescribed within the Riders attached hereto. (1 ) (3) (5) Agreement Between MDOC and Oakland County Page 5 SECTION 3- SERVICES TO BE PROVIDED BY THE STATE For the purpose of this agreement, the STATE agrees to perform and/or provide the following: A. Appoint a STATE liaison who will provide assistance to the CONTRACTOR and monitor progress of the CONTRACTOR during the term of the agreement. Provide program and contract administration guidelines and standards. C. Provide technical assistance and training. D. Provide reports of county and statewide program activity and analysis of program impact. The data and information to be included in the reports include that which is derived from the Jail Population Information System (JPIS), the Community Corrections Information System (CCIS), and other data systems maintained by the STATE E. SECTION 4 - PERIOD OF PERFORMANCE The term of this agreement shall be from October 1, 2006 through September 30,2007. SECTIONS- COMPENSATION The STATE agrees to provide payment to the CONTRACTOR for allowable costs incurred during the performance of this contract pursuant to; the FY 2007 Appropriations Act and the Community Corrections Act [791.411, Section 11(1)]. The STATE shall make payments for all services specified in Riders B, C, and D pursuant to the terms and conditions presented in the Riders. The allowable costs and maximum amounts payable are specified in the Riders attached hereto. Payment shall be contingent upon receipt of proper documentation from the CONTRACTOR. Payments are subject to, and contingent upon, availability of funding from the legislature and/or executive branches. Payments may be limited, discontinued, or eliminated if the legislature fails to appropriate sufficient funds, or if an executive order, directive, or departmental decision limits, discontinues, or eliminates the ability of the STATE to make such payments. Any unexpended and non-encumbered funds shall be returned to the STATE within 30 days after the termination date of the contract. Returned funds shall be in the form of a check made payable to the STATE OF MICHIGAN and mailed to: Michigan Department of Corrections Office of Community Corrections Grandview Plaza Building P.O. Box 30003 Lansing, Michigan 48909 Agreement Between MDOC and Oakland County Page 6 SECTION 6 — COST LIABILITY The STATE assumes no responsibility or liability for costs incurred by the CONTRACTOR prior to the signing of this agreement. Total liability of the STATE is limited to the terms and conditions of this agreement. SECTION 7 -. NOTICE AND RIGHT TO CURE In the event of a curable breach by the CONTRACTOR, the STATE shall provide the CONTRACTOR written notice of the breach and a time period to cure said breach described in the notice. This section requiring notice and an opportunity to cure shall not be applicable in the event of successive or repeated breaches of the same nature or if the STATE determines in its sole discretion that the breach poses a serious and imminent threat to the health or safety of any person or the imminent loss, damage or destruction of any real or tangible personal property. SECTION 8 - PERFORMANCE REVIEWS The STATE may review with the CONTRACTOR their performance under the agreement. A. Performance reviews shall be conducted quarterly, semi-annually or annually, depending on the CONTRACTOR'S past performance with the STATE. Performance reviews shall include, but not be limited to, quality of services being delivered and provided, accuracy of billings, submission of data and completion and submission of required paperwork or reports, and other requirements of this agreement. B. Upon a finding of poor performance, which has been documented by the STATE, the CONTRACTOR shall be given an opportunity to respond and take corrective action. If corrective action is not taken in a reasonable amount of time as determined by the STATE, the agreement may be canceled for default. SECTION 9 - RELATIONSHIP OF THE PARTIES The relationship between the STNIE and the CONTRACTOR is that of client and independent contractor. No agent, employee, or servant of the CONTRACTOR or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the STATE for any reason. The CONTRACTOR will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this agreement. SECTION 10 - SUBCONTRACTION AND ASSIGNABILITY The CONTRACTOR may not assign this agreement for the purpose of fulfilling this agreement without the prior written permission of the STATE. The CONTRACTOR is authorized to enter into subcontracts for the purposes of implementing programs and services identified in the approved Comprehensive Corrections Plan. The CONTRACTOR shall provide copies of all sub-contracts as required by the STATE. Agreement Between MDOC and Oakland County Page 7 SECTION II - AMENDMENTS OR CHANGES IN AGREEMENT This instrument, including the Riders and attachments, contains the entire agreement between the parties and no statements, promises, or inducements made by either party or agent of either party that are not contained in this agreement shall be valid or binding; and this agreement may not be enlarged, modified or altered except in writing. Any mutually agreeable change to the terms of this agreement must be in the form of a written amendment to the agreement and signed by the signatories to this agreement prior to the implementation of the change. SECTION 12 - NON-DISCRIMINATION In the performance of an agreement, the CONTRACTOR agrees not to discriminate against any employee or applicant for employment, with respect to their hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental handicap or disability. The CONTRACTOR further agrees that every subcontract entered into for the performance of any agreement resulting here from will contain a provision requiring non-discrimination in employment, as herein specified, binding upon each subcontractor. This covenant is required pursuant to the Elliot Larsen Civil Rights Act, 1976 Public Act 453, as amended, MCL 37.2201, et seq, and the Persons With Disabilities Civil Rights Act, 1976 Public Act 220, as amended, MCL 37.1101, et seq, and any breach thereof may be regarded as a material breach of the agreement. SECTION 13- STATE LAWS This agreement shall be subject to, governed by, and construed in accordance with the laws of the State of Michigan. Any dispute arising herein shall be resolved in the State of Michigan. SECTION 14- WORKPLACE SAFETY AND DISCRIMINATORY HARASSMENT In performing services for the STA FE pursuant to this agreement, the CONTRACTOR shall comply with Department of Civil Service Rules 2-20 regarding Workplace Safety and 1-8.3 regarding Discriminatory Harassment In addition, the CONTRACTOR shall comply with Civil Service Regulations governing workplace safety and discriminatory harassment and any applicable STATE agency rules on these matters that the agency provides to the CONTRACTOR. Department of Civil Service Rules and Regulations can be found on the Department of Civil Service website at www.michiean.vov/mdcs. The CONTRACTOR shall take any additional precautions as the STATE may reasonably require for safety and accident prevention purposes. Any violation by the CONTRACTOR of such safety requirements, rules, laws or regulations shall be a material breach of the agreement subject to the cancellation provision contained herein. Agreement Between MDOC and Oakland County Page 8 SECTION 15- UNFAIR LABOR PRACTICES Pursuant to 1980 Public Act 278, as amended, MCL 423.231, ET SEQ, neither the STATE nor the CONTRACTOR shall award a contract or sub-contract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled pursuant to Section 2 of the Act. A CONTRACTOR of the STATE, in relation to the agreement, shall not enter into an agreement with a sub-contractor, manufacturer, or supplier whose name appears in this register. Pursuant to Section 4 of 1980 Public Act 278, MCL 423.324, the STATE may void any agreement if, subsequent to award of the agreement, the name of the CONTRACTOR an employer, or the name of the subcontractor, manufacturer or supplier of the CONTRACTOR appears in the register. SECTION 16- PERFORMANCE BONDS AND INSURANCE The CONTRACTOR agrees to maintain appropriate insurance or self-insurance and shall provide proof of said insurance at any time upon demand by the STA .' E. SECTION 17 LIABILITY All liability, losses, or damages resulting from claims, demands, costs, or judgments arising out of personal and/or bodily injuries or property damage resulting from the acts, omissions or negligence of the CONTRACTOR, the CONTRACTOR's officers or employees in carrying out the obligations of the CONTRACTOR under this agreement shall be the responsibility of the CONTRACTOR, and shall not be the responsibility of the STATE. It is, however, expressly understood and agreed that nothing herein shall be construed as a waiver of any governmental immunity the CONTRACTOR has as provided by statute or modified by Court decisions which shall be asserted to the maximum extent permissible. SECTION 18- RECORD RETENTION AND AUDIT The CONTRACTOR agrees to keep complete and accurate books of accounts and to make them available to the STATE for audit. All such records, documents, and financial statements pertinent to this agreement shall be retained for a period of ten (10) years unless audited by the STATE before then. SECTION 19 AUDIT OF CONTRACT COMPLIANCE The CONTRACTOR agrees that the STAIE may, upon 24-hour notice, perform an audit at the CONI RACTOR'S location(s), to determine if the CONTRACTOR is complying with the requirements of this agreement. The CONTRACTOR agrees to cooperate with the STATE during the audit and produce all records and documentation that verifies compliance with the requirements of this agreement. Each recipient of funds pursuant to this agreement shall cooperate with the STATE in any or all audits/financial reviews of books, accounts, and records for the purpose of analyzing the fiscal Agreement Between MDOC and Oakland County Page 9 integrity of the CONTRACTOR's and subcontractor's financial transactions and compliance with applicable program and administrative requirements. The CONTRACTOR shall ensure timely and appropriate resolution of negative audit or financial review findings and recommendations. SECTION 20- DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT (FOL1) All information in this agreement and any attachments thereto are subject to disclosure under the provisions of Public Act No. 442 of 1976, known as the "Freedom of Information Act", as amended, MCL 15.231, ET SEQ. SECTION 21- REPRODUCTION AND USE OF MATERLILS The STATE is granted permission in perpetuity to reproduce and distribute any copyright and other materials that are generated as a result of this agreement. SECTION 22- CONF7DENTL4LITY OF INFORMATION The CONTRACTOR shall respect the confidentiality of employee and offender files and shall not discuss medical record information or other official information or reports with unauthorized persons. Personal information is not to be divulged for other than legitimate, authorized business purposes. The CONTRACTOR shall also comply with MDOC Policy Directive 01.04.120 - Research Involving Corrections Facilities or Offenders. FOR THE STATE Abigail Callejas, Grants Coordinator Office of Community Corrections Michigan Department of Corrections P.O. Box 30003 Lansing, Michigan 48909 (517) 373-0415 (517) 373-9545 -FAX Agreement Between MDOC and Oakland County Page 10 SECTION 23 - ADMINISTRATORS OF AGREEMENT The principal contacts for matters relating to this agreement shall be as follows: FOR THE CONTRACTOR Barbara Hankey, Manager Oakland County Community Corrections 2300 Dixie Highway, Suite 200 Waterford, Michigan 48328 248-451-2306 248-451-2319 FAX FISCAL AGENT Laurie VanPelt, Director Management and Budget 1200 North Telegraph Building 34 East Pontiac, Michigan 48341 248-858-1247 However, it is expressly agreed and understood that these contact persons shall have no authority to legally bind the CONTRACTOR and the STATE unless expressly stated herein. Signature/ of Witness / Agreement Between MDOC and Oakland County Page 11 SECTION 24- CERTIFICATION The persons signing this agreement on behalf of the STATE and the CONTRACTOR certify by said signatures that they are duly authorized to sign on behalf of said parties and that this agreement has been authorized by said parties. 1N WITNESS WHEREOF, the STATE and the CONTRACTOR have caused this agreement to be executed by their respective officers duly authorized to do so. OAKLAND COUNTY MICHIGAN DEPARTMENT OF CORRECTIONS 71,1 Authorized Signature Date Patiicia L. Caruso, Director Date Michigan Department of Corrections Grandview Plaza, P.O. Box 30003 Lansing, Michigan 48909 Name and Title (Print or Type) Signature of Witness Date (Note: The only person authorized to execute an agreement for the Department of Corrections is the Director.) RIDER A MINIMUM PROGRAM AND FINANCIAL MANAGEMENT STANDARDS MINIMUM PROGRAM STANDARDS Local jurisdictions which are awarded Community Corrections Act funds from the STATE, must; A. Apply for finding pursuant to P.A. 511 of 1988, Section 8. B. Demonstrate the likelihood of a reduction in prison admissions and changes in the utilization of the jail and other community-based sanctions and services. C. Work with offenders who: 1. Are bound for prison (especially with short sentences), are jail inmates, or are bound for jail without program intervention; 2. Have not demonstrated a pattern of violent behavior; and 3. Do not have a criminal record which indicates a pattern of violent offenses. (P.A. 511 of 1988, Section 4, 8.2a) D. Define policies and procedures pertaining to: program eligibility criteria, target populations, screening and eligibility determination procedures. E. Define the scope of services to be provided, duration of offender participation in programs, and the impact of offender participation in programs on jail utilization or prison admission. F. Provide specific procedures to ensure program and fiscal accountability. 1. Maintain a complete offender record management system which protects offender confidentiality and provides a complete and total record of all program activity for each offender. 2. Provide for thorough compilation, analysis and reporting of offender profile and program participation data consistent with policies and procedures set by the STATE. 3. Participate in program reviews as prescribed by the local advisory board and the STATE. 4. Conduct a formal on-site assessment of each subcontractor's program operations and fiscal administration. At a minimum, the assessment should include: Rider A — Oakland County Page 2 a. Compliance with agreement specifications. b. Compliance with applicable licensure requirements. c. Compliance with pertinent Federal and State statutes. d. Progress in resolving corrective actions required by prior assessments. G. Provide written reports to subcontractors regarding the results of assessments, recommendations for improving performance, and a timetable for resolving outstanding issues. H. Meet all requirements of the applicable guidelines set forth in all sections of this contract and other STATE policy documents. MINIMUM FINANCIAL MANAGEMENT STANDARDS A. General Requirements: 1. A budget shall be prepared and adopted by the CONTRACTOR in accordance with PA. 621 of 1978, the "Uniform Budgeting and Accounting Act", issued by the Local Government Audit Division of the Michigan Department of Treasury. Any budget submitted in other than the prescribed form must contain the same information required in the prescribed form. 2. Funds shall be utilized in accordance with the approved comprehensive plan for those services which are consistent with service definitions issued by the STATE. 3. All funds, including interest earned and fee revenues generated by a P.A. 511 funded program, shall only be used for eligible offenders and services under P.A. 511. 4. There will be one fiscal agent responsible for the administiation of community corrections funds_ In a multi-jurisdictional program, one fiscal agent shall serve all participating local units of government The fiscal agent shall be responsible for approving all financial expenditures and for providing required financial reports to the STATE. The fiscal agent shall maintain a financial management system which fully and accurately accounts for the use of funds it administers. At a minimum, the system shall provide for: a. Maintenance of a separate special revenue fund for community corrections programs. b. A uniform accounting system which conforms to generally accepted accounting principles. Rider A — Oakland County Page 3 c. A system of source documentation to support disbursements and expenditures and proper allocation of costs in accordance with applicable cost principles. d. Procedures to minimize the time between receipt of revenues from the STA IE and disbursement of payments to ensure that services can be provided without interruption. e. Monthly reporting of the financial data in accordance with the STATE reporting requirements. f. Effective control and accountability for all agreement funds and real property acquired. a. Timely preparation of year-end close out report(s) within 30 days of the expiration date of the contract. h. Procedures shall be established to ensure, when feasible and cost- effective, that local agencies participate in state and or local intergovernmental agreements for procurement of equipment and supplies. Policies and procedures shall be established for the procurement of goods and services that provide guidelines for securing sole source bids, and reasonable assurance that the goods and services are purchased in a cost- effective, fair and equitable manner. j. Any reallocation of funds among programs included within an approved plan and budget requires the prior approval of the STATE. k. Financial obligations incurred after the effective termination date of this agreement will be the responsibility of the CONTRACTOR or the provider of services. 1. Community Corrections funds may be used as matching funds to acquire additional resources from both public and private sources. Those additional resources are to be used to provide additional services to the targeted population. m. All equipment or other personal property purchases in excess of $1,000.00, purchased with STATE monies, must receive the prior approval of the STATE. All such equipment and other personal property shall be inventoried annually and a complete inventory, containing information prescribed by the STATE, shall be submitted to the STATE thirty (30) days prior to the end of the term of the contract. Such purchases shall revert to the STATE in the event the programs funded pursuant to this agreement are discontinued. RIDER B COMMUNITY CORRECTIONS PLANS AND SERVICES CONTRACTOR: OAKLAND COUNTY The following are additional terms and conditions which apply to the Community Corrections Plans and Services funds which have been awarded to the CONTRACTOR by the STATE. STATEMENT OF WORK The CONTRACTOR shall implement policies and procedures and deliver services to eligible offenders in accord with the goals and objectives, standards and policies as set forth in Act 511 of the Public Acts of 1988, the provisions of the State Appropriations Act, the CONTRACTOR's Comprehensive Corrections Plan and the Proposal for Community Corrections Funds (Attachment A) as approved by the STATE. For purposes of this Section, in Attachment A, "CONTRACTOR" means the "County". The CONTRACTOR's policy and program plan for FY 2007 and award of FY 2007 funds, as approved by the STATE, provide for as stated in Attachment A, Section LA., Strategic Plan Analysis - FY 2007. The FY 2007 policy and program plan and the award of funds were approved by the STATE to provide for as stated in Attachment A, Section III, Office of Community Corrections. The STATE shall provide assistance as stated in Attachment A, Section IL, Technical Assistance Plan. REPORTING REQUIREMENTS Monthly Expenditure Reports: The CONTRACTOR shall submit to the STATE by the 15 th day following the end of each monthly billing period the attached Monthly Expenditure Report. The expenditure report form may be duplicated for the purposes of meeting the monthly reporting requirements. Alternatively, the CONTRACTOR may generate an internal form which reflects the approved budget categories. Program Participation and Offender Profile Data: The CONTRACTOR shall submit program participation and offender profile data on a monthly basis Data and information are to be submitted on forms or in a format provided by the STATE. A. Data pertaining to offender participation in all programs. Rider B — Oakland County Page 2 B. Selected characteristics of offenders determined eligible for and enrolled in programs. C. Offender data is to be submitted by the 15 th day of the month subsequent to the reporting period in a format provided by the STATE. Midyear and Year-end Reports: A. A midyear report shall be submitted by March 15th, 2007. All data is to be submitted on forms or in a format provided by the STATE. The report has four (4) parts that includes the following: 1. Summary of the progress toward addressing any contractual conditions as established within the contractual agreement and outlined in the Proposal for Community Corrections Funds. Summary of the status for each objective as established within the contractual agreement and outlined in the Proposal for Community Corrections Funds. 3. Summary of how the Community Correction Programs funded by the STATE has reduced the Prison Commitment Rate (PCR) and improved local jail utilization, including the total number of jail bed days saved by each program. 4. Description of any factors which have contributed to expenditures which are significantly above or below the projected level analysis of financial status (planned versus actual expenditures) and any proposed budget amendments. 5. An updated Strategic Plan and Status Report as outlined in the Community Corrections Comprehensive Plan & Application for FY 2007. B. A year-end report, as prescribed by the STAIE, shall be submitted by October 31 st each year of the current contract. CCAB Meeting Minutes: A. The CONTRACTOR shall provide the STATE with copies of local CCAB meeting minutes within 30 days of being approved by the local CCAB Board. TERM OF AGREEMENT The terms and conditions pursuant to this agreement shall remain in effect from October 1, 2006 through September 30, 2007. Rider B — Oakland County Page 3 COMPENSATION The STATE agrees to provide payment to the CONTRACTOR for allowable program and administrative costs incurred during the term of this agreement. The allowable program and administrative costs are identified in the Proposal for Community Corrections Funds attached to this agreement. The maximum amount payable to the CONTRACTOR pursuant to this Rider is $1,416,508. Payments to the CONTRACTOR shall be made monthly and in accord with the following terms: A. The STATE shall reimburse the CONTRACTOR for allowable program and administrative costs. B. Payments are conditional upon the CONTRACTORts submittal of all required monthly expenditure and program data, the midyear and year-end reports, and responses to financial audits. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FOR INTERNAL USE ONLY - The appropriation number, index, program cost account, and agency object to which program costs pursuant to this Rider will be charged: Appropriation Number: 19335 Index: 12150 Program Cost Account 14011 Agency Object: 8108 RIDER C RESIDENTIAL SERVICES OAKLAND COUNTY The CONTRACTOR's proposal and application for Community Corrections funds included a request for funds from the FY 2007 Appropriations for Residential Services. Pursuant to the CONTRACTOR's proposal and the award of funds as approved by the STATE, the following are terms and conditions which apply to FY 2007 Residential Services funds awarded for the purchase of residential services and residential substance abuse treatment services. Payments for Residential Services by the STATE to the CONTRACTOR shall be utilized solely for the acquisition of residential services in accord with the terms and conditions of this Rider. Utilization of Residential Services funds for costs incurred by the CONTRACTOR for the administration of the funds is prohibited. STATEMENT OF WORK The CONTRACTOR shall identify qualified providers of residential services and enter into written agreements with the providers. The agreements between the CONTRACTOR and providers shall specify the services to be provided, compensation, and the terms and conditions for use of the Residential Services funds. Copies of the agreements between the CONTRACTOR and providers shall be transmitted to the STATE and made part of the contract files. The CONTRACTOR agrees to ensure each provider of Residential Services undertakes, performs, and completes the following in accordance with the terms and conditions of this agreement: A. Each provider shall deliver, at a minimum, the following services to eligible felony offenders: 1. Room and Board (three meals per day). 2. Security and Supervision, 24 hours per day, for each day included within the term of this agreement. 3. Residential Services shall not exceed 150 days without the prior approval of the STATE. Rider C — Oakland County Page 2 4. Prograrruning shall include: a. Intake and Assessment b. Case Management c. Referral for Appropriate Rehabilitative and Other Services d. Appropriate Transportation e. Recreational Opportunities f. Structured Scheduling of Activities g. Financial Management Counseling B. The provider agrees to assist offenders who are employed or who receive funds from a legitimate source of income in the development of a personal budget. 1. The establishment of a budget through financial counseling is to consider financial obligations to the court, supervision fees, work related transportation costs, child support, necessary work related and personal hygiene items, savings for living expenses upon program completion, spending money, and offender contributions. 2. The provider shall have written policies and procedures governing the budgeting process and the handling of offender funds. Offenders' funds shall not be commingled with program operational funds. C. The provider agrees to ensure offenders are provided access to a variety of other services in accord with the terms and conditions of the referral for placement as those services are available through local agencies. These services include, but are not limited to: 1. Educational Services 2. Substance Abuse Treatment 3. Employment Related Services 4. Medical Evaluation and Treatment 5. Community Service Rider C — Oakland County Page 3 D. The following apply to providers of Residential Substance Abuse Treatment Services. 1. A detailed treatment plan for each eligible offender shall be completed by the provider of residential substance abuse treatment services, within ten (10) working days after admission. The plan shall be based upon information obtained during the assessment and intake process. 2. The treatment plan will include a diagnosis of substance abuse dependency, treatment goals, and the frequency and types of treatment services and supportive social services to be provided. 3. The treatment and rehabilitation regimen will include weekly scheduled therapeutic activities for each offender. The scheduled activities shall consist of individual and group counseling, educational, social, work, and planned recreational activities. a. A minimum of one (1) weekly individual therapy session between the offender and the assigned primary therapist. b. A minimum of five (5) weekly group counseling sessions led by the primary therapist or other assigned program staff. c. Additional services necessary to the achievement and maintenance of a drug and alcohol-free lifestyle. These may include services such as personal growth workshops, life skills, motivation, parenting classes and exercise classes as appropriate. 4. The CONTRACTOR and the provider shall address the offender's educational and vocational needs and arrange for the offender's participation in education classes (basic or GED), job training and job placement assistance when feasible. 5. The CONTRACTOR and the provider shall encourage the offender to participate in community service work consistent with their therapy and or employment status. 6. The CONTRACTOR shall ensure that each offender's treatment plan is updated every thirty (30) days. The update at a minimum is to include a review of: the offender's attendance and participation in therapy; achievement of therapeutic goals; progiess in daily living; interactions with other offenders and staff; adherence to house rules, curfew, and treatment plan stipulations; and an assessment of continued need for residential and or other substance abuse treatment. Copies of the reviews conducted at the end of each 30 days shall be provided to the CONTRACTOR and appropriate probation or parole agent. 7. Residential Substance Abuse Treatment Services shall not exceed 90 days. Rider C — Oakland County Page 4 8. A discharge summary report will be prepared prior to the offender's scheduled completion of the residential treatment program. The discharge summary shall include the initial diagnosis, treatment goals, summary of progress toward goals, and recommended follow up as appropriate. The recommendations may address need for follow up substance abuse treatment, other support services (educational, employment), monitoring (drug testing), or supervision. 9. A copy of the discharge summary report shall be provided to the CONTRACTOR and the offender's probation or parole agent. a. The CONTRACTOR shall facilitate the transfer or referral of offenders being discharged to follow up treatment or services as per the discharge plan. 10. The provider shall at all times maintain the appropriate STATE substance abuse license(s). E. The CONTRACTOR shall ensure the provider shall comply with the following: 1. The STATE's and CONTRACTOR's policies, procedures and standards for Residential Services. 2. Make available for inspection to the CONTRACTOR and the STATE all records pertaining to the offenders and program operations. 3. Allow free access to the physical facilities to authorized representatives of the Court, the CONTRACTOR and the STATE. 4. Maintain a clean and habitable facility to be used for the provision of Residential Services. 5. Immediately notify the referring Probation or Parole Officer or designee and the appropriate law enforcement agencies when an offender leaves the program without authorization, or when the provider becomes aware that an offender has been arrested or has otherwise violated the conditions of probation. 6. Notify the CONTRACTOR, probation or parole agent, or the Department of Corrections' liaison of an offender's scheduled termination from the program at least two (2) weeks prior to the scheduled termination. The purpose of this notification is to advise the CONTRACTOR, the agent or liaison of the scheduled termination and to review the progress of the offender while in the program and follow up programming considerations. 7. Maintain and compile Offender Enrollment and Termination and offender profile data as required by the STATE and the CONTRACTOR. The provider shall Rider C — Oakland County Page 5 submit complete and accurate data to the CONTRACTOR by the 10 th day following the end of each month. 8. Maintain records of and report all offender contributions. F. The CONTRACTOR shall ensure that the provider prepare monthly Vendor Invoices. The Vendor Invoice shall be submitted to the CONTRACTOR by the 10 th day following the end of each monthly billing period. 1. Each Vendor Invoice must be reviewed and certified by the CONTRACTOR that the offenders listed on the Vendor Invoice are eligible felony offenders. At a minimum, the Vendor Invoice shall include the following information: a. The name of the referring agent. b. The county where the offender was sentenced. c. The name of the offender. d. The circuit court docket number. e. The offense, PACC code, and Sentencing Guideline Score (SGL) which resulted in the placement of the offender in the program. f. The initial enrollment date of the offender entering the program. g. The beginning and ending date of the offender's physical presence and participation in the program during the month. h. The number of days coinciding with the beginning and ending dates for each offender. 1. Total number of offender days for each offender participating in the program. j. Grand total of offender days for the month being invoiced. The amount of contributions collected from each offender. 1. Grand total of offender contributions for the month. 2. The CONTRACTOR shall submit Vendor Invoices to the STATE by the 15 th day following the end of each monthly billing period. Rider C — Oakland County Page 6 3. For payment purposes, offender days start with the first day the offender is physically in the program and continue through the last day the offender is physically in the program. In the event of any authorized absence (e.g., program pass, furlough, leave approved by the Parole or Probation Supervisor) or absence due to hospitalization, AWOL, or incarceration, per diem payments will be suspended the day following the offender's absence from the program. G. The provider shall take or arrange for the taking of urine samples to monitor for substance abuse in accordance v,ith a schedule agreed upon by the probation or parole agent or the Department of Corrections liaison. H. The CON IRACTOR shall collaborate with the STATE to develop and implement local policies and procedures to ensure funding provided pursuant to this Rider shall be utilized only for eligible offenders. I. The State Community Corrections Board has adopted the following as minimum eligibility criteria. 1. Sentenced felony offenders with sentencing guideline scores must have sentencing guidelines (SGL) minimum maximum of 9 or greater. 2. For sentenced felony offenders without an SGL, eligibility criteria shall be based on offender characteristics identified in the local Comprehensive Corrections Plan which indicate an offender is jail or prison bound. 3. Probation violators are eligible if there has been formal action regarding the violation (defined as any written approval by a judge) and the sentencing guideline minimum maximum was greater than 5 on the original charge. 4. Referral of Special Alternative Incarceration graduates will be in accord with the condition of sentence and STATE policies for SAI aftercare services. 5. Parole violators are eligible pursuant to STATE and CONTRACTOR policies and procedures which identify and prescribe local correctional interventions to be utilized as alternatives to placement in a Technical Rule Violator Center or return to prison. In accord with STATE policies, eligibility is limited to Level III Parole Violators which require an Area Manager Review as defined within the STATE's Parole Violation Response Guidelines. The CONTRACTOR's policies and procedures specify the programs and or services to be utilized and local conditions and or stipulations and procedures for referral and placement of eligible parole violators in community-based programs. PERIOD OF PERFORMAIVCE This Rider shall remain in effect from October 1, 2006 through September 30, 2007. Rider C — Oakland County Page 7 COMPENSATION The STATE shall make payments for services provided on a per diem basis. The maximum payable by the STATE on the per diem basis during the term of this agreement is $1,681,737.50. STATE payments to the CONTRACTOR and the CONTRACTOR's payments to providers shall be in accordance with the following: A. The funds awarded shall provide for a per diem reimbursement of not more than $47.50 for eligible felony offenders. B. Terms and conditions relative to residential services for eligible SAI graduates: 1. Services shall be in accord with services specified in the STATE's agreements with providers of SAT aftercare services. The terms and conditions of the STATE agreements with providers of SAI aftercare services are hereby incorporated within this Rider by reference. 2. Payments for residential services for SAI graduates shall be made for up to 30 days for each eligible SAT graduate. Extensions beyond 30 days require prior written approval of the local probation supervisor. C. Payments are based on documented earnings. Actual earnings are based on bed days billed times the per diem. This data is derived from the monthly "Vendor Invoices". D. The STA1E will make payments to the CONTRACTOR upon receipt of proper documentation. E. Each provider is encouraged to collect offender contributions from adult felony probationers residing in the provider's facility. Offender contributions shall come solely from offenders. 1. Offender contributions are not to exceed 35% of the offender's gross income. 2. Records shall be maintained to provide a complete accounting of all offender contributions received and the expenditure of those funds. 3. Offender contributions shall be used for general operating expenses specifically related to services provided to offenders. 4. The provider shall issue pre-numbered receipts for all offender contributions. One copy is to be given to the offender. The provider is to retain copies of all receipts for a period of six (6) years. Rider C — Oakland County Page 8 5. Offender contributions are to be recorded on the monthly "Vendor Invoice" report. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FOR INTERNAL USE ONLY: The appropriation number, index, program cost account, and agency object code to which program costs pursuant to this Rider will be charged: Appropriation Number 19333 Index Number: 12150 Prouam Cost Account 14003 Agency Object Code: 8108 RIDER D DRUNK DRIVER JAIL REDUCTION AND COMMUNITY TREATMENT PROGRAM CONTRACTOR: OAKLAND COUNTY The following are additional terms and conditions which apply to the Fiscal Year 2007 Community Corrections Plans and Services funds which have been awarded to the CONTRACTOR by the STATE. STATEMENT OF WORK The CONTRACTOR shall implement policies and procedures and deliver services to eligible offenders in accord with the goals and objectives, standards and policies as set forth in Act 511 of the Public Acts of 1988, the provisions of the State Appropriations Act, the CONTRACTOR's Comprehensive Corrections Plan for FY 2007, and the Proposal for Community Corrections Funds for FY 2007 (Attachment A) as approved by the STATE. For purposes of this Section, "CONTRACTOR" means the "County". ELIGIBILITY CRITERIA Funds are to be utilized to provide substance abuse services for OUIL III felony offenders that meet the following criteria: A. As used in this section, "felony drunk driver" means a felon convicted of operating a motor vehicle under the influence of intoxicating liquor or a controlled substance, or both, third or subsequent offense, under section 625(9)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, or its predecessor statute, punishable as a felony. B. Convicted felony drunk driver offenders that are intermediate cell offenders with a sentencing guideline score (SGL) of a maximum of 18 months or less. C. Are alcohol dependant or abusing. D. Have not caused serious injury in an alcohol or drug related crash. E. Do not have violent felony conviction in the past ten (10) years. F. Do not have more than one (1) violent misdemeanor conviction in the past ten (10) years. Rider D — Oakland County Page 2 ACCREDITATION The CONTRACTOR shall ensure that all substance abuse treatment providers are accredited by an established recognized accrediting agency. The accrediting agencies recognized by the STATE are: A. Joint Commission on Accreditation (JCAHO) B. American Osteopathic Association (AOA) C. Commission on Accreditation of Rehabilitation Facilities (CARF) D. National Committee for Quality Assurance (NCQA) E. Council on Accreditation (COA) REPORTING REQUIREMENTS Monthly Expenditure Reports: The CONTRACTOR shall submit to the STATE by the 15 th day following the end of each monthly billing period the attached Monthly Expenditure Report The expenditure report form may be duplicated for the purposes of meeting the monthly reporting requirements. Alternatively, the CONTRACTOR may generate an internal form which reflects the approved budget categories. Program Participation and Offender Profile Data: A. The CONTRACTOR shall submit program participation and offender profile data by the 15th day of the month in a format provided by the STATE. B. Data pertaining to offender participation in all programs will include the following: 1. Selected characteristics of offenders determined eligible for and enrolled in programs. 2. Average length of stay in jail. 3. Average length of time in the program. 4. Alcohol and other drug testing results Rider D — Oakland County Page 3 5. The successful completion rates. Midyear and Year-end Report: A. A midyear report shall be submitted by March 15, 2007. All data is to be submitted on forms or in a format provided by the STATE. The report has five (5) parts that includes the following 1. Summary of the progress toward addressing any contractual conditions as established within the contractual ameement and outlined in the Proposal for Community Corrections Funds. 2. Summary of the status for each objective as established within the contractual agreement and outlined in the Proposal for Community Corrections Funds. 3. Summary of how the DDJR/CTP funds have: a. Increased the availability of treatment options to reduce drunk driving offenses and drunk driving related deaths by addressing alcohol addiction of felony drunk drivers. b. Diverted felony drunk drivers from being sentenced to jail or reduced the length of stay in jail. c. Enabled the county to meet or exceed amounts received through the County Jail Reimbursement Program during FY 2007. 4. Description of any factors which have contributed to expenditures which are significantly above/below the projected level analysis of financial status (planned versus actual expenditures) and any proposed budget amendments. B. A year-end report, as prescribed by the STATE, shall be submitted within 30 days after the termination date of this agreement. TERM OF AGREEMENT The terms and conditions pursuant to this agreement shall remain in effect from October 1, 2006 through September 30, 2007. Rider D — Oakland County Page 4 COMPENSATION The STATE agrees to provide payment to the CONTRACTOR for allowable program and administrative costs incurred during the term of this agreement. The allowable program and administrative costs are identified in the Proposal for the Drunk Driver Jail Reduction and Community Treatment Program attached to this agreement. The maximum amount payable to the CONTRACTOR pursuant to this Rider is S702,139. Payments to the CONTRACTOR shall be made monthly and in accord with the following terms: A. The STATE shall reimburse the CONTRACTOR for allowable program and administrative costs. B. Payments are conditional upon the CONTRACTORs' submittal of all required monthly expenditure and program data, required reports, and responses to financial audits. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FOR INTERNAL USE ONLY - The appropriation number, index, program cost account, and agency object to which program costs pursuant to this Rider will be charged: Appropriation Number: 19342 Index: 12150 Program Cost Account: 14035 Agency Object: 8108 • 'Michigan Department of Corrections Office of Community Corrections ATTACHMENT "A" C,FJ-259 03/03 PROPOSAL FOR COMMUNITY CORRECTIONS FUNDS — FY 2007 CCAB: Oakland CCAB Contact: Barbara HankeY CCAB Chair: Hon. Fred Mester Units of Government Oakland County Represented & Approval Date: July 20, 2006 Grant Coordinator:. Abigail Callejas X Community Corrections Comprehensive Plans and Services Application Type: X Drunk Driver Jail Reduction & Community Treatment X Residential Services , 1 State Board Review Date: 1 August 24, 2006 SUMMARY FELONY DISPOSITION: Group 1 Offenses: Homicide, Robbery, CSC, Assautt, Arson, Other Sex Offenses, Assaultive Other, Burglary and Weapons. Group 2 Offenses: Larceny, Fraud, Forgery/Embezzle, Motor Vehicle, Malicious Destruction, Drugs, OUIL 3 Offenses, and Other Non-Assaultive Offenses. OMNI data for 2005 indicates an increase in Oakland County's overall prison commitment rate from 19.4% in 2004 to 20.3% in 2005. Though the overall rate remains slightly lower than the State's rate of 20.9% there were 56 additional prison dispositions in 2005. The County's SGUNA rate decreased from 26.7% to 24% unlike the Straddle rate which increased from 22.4% to 25.7% but still remains well below the State's rate of 34.5%. Greatest growth was in the presumptive prison cell which saw an increase of 78 felony dispositions and 72 additional prison dispositions. CY 2005 OMNI data indicates that 705 of all prison dispositions were Group 1 offenses and 667 prison dispositions were Group 2 offenses. Of the County's 394 straddle prison dispositions 289 (73%) were from Group 2, with 106 of them having no MDOC status. Although the County's SGUNA rate decreased from last year there still remains a large pool (254) of prison dispositions from Group 2 — over 91% of these dispositions had no MDOC status. The County should further analyze and target these populations to have the most impact on the prison commitment rate. County's objectives are to reduce the overall PCR to 19.9%, by the means of targeting the straddle cell, probation violators, and modifying existing programs and services, thereby resulting in the reduction of the prison commitment rate (PCR) for straddle offenders to 23.4%, and probation violators to 25.7%, JAIL UTILIZATION: The local jail system is operating at 120.6% of its rated capacity (1,804) and the County reports it has declared jail overcrowding two times in 2005. JPIS data for 2005 includes 117 offenders boarded out though County halted that practice last fall. JPIS reflects an increase in length of stay for both felons and misdemeanants. Misdemeanants represent about 32% of the average daily population and their length of stay has increased by approximately seven days from the past year. Felony controlled substance offenses, Failure to Appear, and misdemeanor Alcohol Related Arrests are the top three offense categories by percentage of jail capacity used at 12.1%, 9.3%, and 8.3% respectively. At 73 days, the LOS for Failure to Appear is the longest of any listed offense category. The County's objectives are to avoid emergency releases and reduce the misdemeanant population in the jail to 25% by promoting alternatives to jail for offenders with SGUNA scores lower than 0-9, and expanding programs to include these populations. Additionally, the County has taken steps to improve the management of the jail population. The first, under the direction of National Institute of Corrections, was to discontinue boarding out offenders, resulting in the utilization of the money saved for local program development and/or enhancements. Second, the Criminal Justice Coordinating Council developed a Local Administrative Order (LAO) to control the jail population in a more stringent manner than the Emergency Crowding Act. It is anticipated that the LAO will prevent the County from declaring jail overcrowding in the future. Additionally, the County will continue to target the straddle cell PRV 35 + for jail-based programming thereby increasing their potential CJRP reimbursement and reducing or maintaining their low PCR for this population. It is noted that County billed $3,182,243 under CJRP in FY 2005, an increase of $119,451 from FY 2004. LOCAL OBJECTIVES: County's local objectives are to establish effective programming and policy to control jail crowding, implement their 'Felony Plea' initiative to allow District Court Judges to take felony pleas, to promote consistency in docket management, and to develop a bond review process for the District Courts. RISK/NEEDS AND SUBSTANCE ABUSE ASSESSMENT: COMPAS is utilized pre-sentence and post-sentence for both felons and misdemeanants. It is primarily used for case planning or program placement for participants in the Step Forward program. The results are usually shared with Circuit Probation and Services Providers. The County reports it is considering using COMPAS at the pretrial stage. I. OFFICE OF COMMUNITY CORRECTIONS A. Strategic Plan Impact Analysis: County intends to maintain or reduce already low prison commitment rates by continuing with established programs, improving criminal justice system dynamics and jail utilization, and defining program success through tracking of recidivism and outcome studies. It appears the County has an awareness of the complex dynamics of jail crowding and has developed a plan that could consistently provide for improved jail utilization. The County's plan revolves around establishing a Local Administrative Order to control jail crowding and by reviewing and/or creating jail policy and procedure to divert offenders to programming. B. Recommendation: Support the County's plan to continue their efforts to improve jail utilization and to reduce prison commitment with the following considerations: The CJCC should continue to look at existing policies and programs that have lost their impact — the average daily population for the unsentenced population is increasing despite an extensive pretrial screening and supervision program. The County has developed several new initiatives for FY 2007 to assist in providing a comprehensive plan; however, the financial sections for these programs are incomplete or lack the necessary information to determine what the costs of services to be provided are. Note: no additional funds are being requested to fund these new initiatives, but a realignment of funds. The County's Work Crew Program failed to meet projected enrollments for FY 2005 and though modifications were made to the program design for FY 2006, the current enrollment is only 2.3% of projections. The attempt to address the felony probation violator population with this program has not been achieved. The current level of felony offenders in the program has very little if any impact in meeting OCC's priorities or in effecting jail crowding. Therefore, continual funding of this program is not supported. In FY 2005 the County had lapsed approximately $174,751 DDJR/CTP funds and current budget reports indicate that the County may lapse funds again. It is recommended that the County reassess the distnbution of fund,s frii DO.IRJCIP to DOJR RS for a potential increase of 3.46 beds. It should be noted, that the County's remaining DDJR RS budget will support an ADP of 13.8 though County is currently using 19.82 beds. C. Contractual Condition(s): 1. Funding for Drunk Driving Assessments (122) and for the two jail-based, DDJR/CTP funded alcohol treatment programs (G18) is held in reserve pending approval of revised program descriptions that include detailed budget information. One twelfth of reserved funds will be forfeited for each month in which the program descriptions have not been received and approved by OCC. All reserved funds will be forfeited if the required materials have not been received and approved by OCC by December 31, 2006. • D. Contractual Objective(s): • • 1. Maintain or reduce prison commitment rates by diverting Group 2 (non-assaultive) offenders from the straddle cell and probation violator categories to community programming. 2. Continue efforts of local Criminal Justice Coordinating Council with a well-defined mission statement and clear goals and objectives. 3. Develop policy related to how COMPAS results are used/shared with prosecution, defense, probation, and service providers for maximum benefit. 4. Eliminate use of emergency releases through management of the jail population with alternative programs and improved policies related to earned credit. 5. Develop policy/procedure to ensure that offenders are receiving appropriate levels of treatment per ASAM criteria. 6. Maximize billings under County Jail Reimbursement by ensuring all CJRP eligible offenders are considered for jail based programs and billed appropriately. 7. Reduce the ADP and LOS of misdemeanants in the jail by utilizing the pretrial programs and/or other programs in lieu of jail. 8. Reassess the distribution of DDJR/CTP for a potential increase in DDJR funded RS beds. II. TECHNICAL ASSISTANCE PLAN 1. OCC will provide assistance with revising program descriptions per contractual conditions at County's request 2. County is to request technical assistance from OCC as they deem necessary. III. FY 2007 PROPOSED COMMUNITY CORRECTIONS PROGRAMS (Utilization rates are based on May 2006 CCIS data as related to projections) Support FY 2006 -T Program Type Description Funding. Utilization - Community Service County proposes a work crew program targeting 216 felony probation technical violators. In FY 2005, the work - Work Crew crew was required to target 875 offenders to maintain full funding. Projected enrollment for 2006 was reduced to 2,3% •216 felony PVs. There have been five enrollments per May CCIS data. - Placement Education - Education Services The jail based cognitive program, Life Employment & Skills Program (LESP) uses a combination of OPTIONS and Hazelden's Criminal and Addictive Thinking curriculum. This is a six-week program targeting male and female straddle cell offenders with PRV 35+. Group meetings are held for 90 minutes twice a day two times a - Cognitive Change X week to introduce the cognitive restructuring process and apply it to life skills and problem solving. Aftercare 80% plans are developed prior to an offender's release. A 25% reduction in sentence is received upon successful completion. Projected enrollment for FY 2007 is 240, the same as last year. Successful completion rate is • 91.9%. Employment/Training - Employment/Training Service - Intensive Supervision - Day Reporting - Electronic Monitoring County proposes to use DDJR & CTP funding to provide enhanced SCRAM (alcohol monitoring tether) -.Supervision • X supervision of eligible OUIL 3rd offenders who will serve reduced jail sentences and complete AS placement. . • County projects 85 enrollments, a reduction from last year (100). Mental Health - Outpatient - Sex Offender Treatment III. FY 2007 PROPOSED COMMUNITY CORRECTIONS PROGRAMS (cont.) Support FY 2006 Program Type Description ____, Funding Utilization - Pretrial Services •— - - _ OCC/County fund Pretrial Screening that targets all in-custody offenders. Verified information regarding criminal • - Screening/Assessment X 52.6% history and status of employment and residence Is forwarded to the Court. . _ OCC/County fund Pretrial Supervision for felons and select misdemeanant offenders as ordered by the Court. - Supervision X 53.5% Projections for FY 2007 are 2,800, lower than the 2006 projection of 3,000. Successful completion rate is 79.5%. •. OCC funds supervision of pretrial offenders on electronic monitoring If deemed necessary to facilitate release. - Electronic Monitoring •X Offenders pay for the use of the equipment themselves. Projection enrollment for 2006 and 2007 is 400. 94% • Successful completion rate is 70.9%. Substance Abuse • OCC/County fund drug and alcohol testing of participants at Step Forward, as well as offenders referred to - Testing X random testing as a condition of bond/probation. CCIS reflects 11,496 enrollments as of May and a 56.7% 93.5% success rate. Projections for FY 2007 (1,800) are slightly higher than in 2006 (1,600). County proposes to use DDJR & CTP funds to support outpatient treatment for eligible OUIL 3r 5 housed in the - Outpatient Treatment main jail. Projected enrollment for 2007 is 160 the same as last year. X NEW Initiatives: The County proposes to extend outpatient treatment for eligible OUIL 3rds to offenders sentenced to jail at the work release facility, and as supplemental services to offenders in residential programs. Total projections for 2007 are 290. - Cognitive Treatment Case Management OCC/County fund the assessment of offenders referred to Step Forward programs with the COMPAS tool. - Screening/Assessment X Offenders are then referred to appropriate programs based upon assessment results, Projected enrollment for 63.8% 2007 is 1,200, higher than last year's enrollment of 996. This is a contracted service through Oakland County Court Office of Substance Abuse Services. Offenders convicted of OUIL 3rd will be assessed using Addiction Severity Index. Assessments will be shared with the N/A X probation department to incorporate the information Into the Pre-Sentenced Investigation report or as a means to secure an amended order to place the offender into the appropriate level of care. OCC funds Central Intake and Assessment Unit (CAIU) for the screening/assessment of offenders detained in - - Jail-Based Case Management the jail with the COMPAS tool. Assessment results are passed on to probation for consideration during the PSI X 36% process. Also, the Central Intake and Assessment Unit processes all time cuts for jail-based program participants. Projections for 2007 are 1,000 higher than 2006 projections of 616. OCC/County fund Case Management through the Step Forward program. Offenders are ordered to Step - Community-Based Case Mgt. Forward, assessed and ultimately referred to any number of programs available on-site based upon offender X 66% needs. Case Management services track offender compliance and progress. Projections for FY 2007 (1,000) are lower than for 2006 (1,147). - Other • - County proposes to contract residential services beds with DDJR & CTP funds to facilitate residential treatment Drunk Driver X for this population. County will also bill under the five days jail housing for eligible offenders. _ __ _ r COMMENTS: * CCIS does not break out utilization of DDJR/CTP funded programs by individual program. County's plan continues to emphasize improved assessment, targeting, and programming in-line with evidence based practices promoted by OCC and NIG. 6 MICHIGAN DEPARTMENT OF CORRECTIONS Office of Community Corrections 104,258 104,258 12,006 98,134 110,140 104,258 104,258 12,006 98,134 110,140 PROGRAM Community Service Placement Work Crew Sub Total FY 2007 PROPOSED AMOUNT 7,900 7,900 215,591 215,591 468,278 104,300 30,989 603,567 61,932 61,932 33,000 140,000 260,000 433,000 FY 06 AWARD 0 7,409 7,409 0 210,591 210,591 0 0 482,816 100,000 35,289 598,105 61,932 0 0 61,932 43,826 140,000 260,000 443,826 0 1,321,8631 1,321,990 102,5451 102,418 1,424,4081 1,424,408 63,649 32,696 500 700 3=6 0 0 2,000 0 68,649 30,769 1,000 500 750 750 RECOMMENDATION 215,591 215,591 468,278 104,300 30,989 603,567 61,932 61,932 33,000 140,000 250,000 433,000 1,314,090 68,649 30,769 500 750 750 1,000 102,418 1,416,508 296,331 296,331 59,925 59,925 59.925 R9 974 • FY 2007 ,-- PROPOSED AMOUNT RECOMMENDATION 81,933 81,933 81,933 81,933 DDJRP/CTP A. FUNDING SOURCE:• PLANS AND SERVICES EduCation. •• EducatiOnel èrvices Cognitive Change ; Sub Total ployrnent & Training - ... mpioyrnent & Training Services - ' Sub Total ntansiveSuperves' ion RepOrting IV•oreloring upervision : Heatth OtitindecTreatroent . _ Pretrial Services Screening/Assessment Supervision EiedirOnic Monitoring : Sub Tote! Substance Abuse.. Testing Outpatient Tree-incept Ccignitlye Treatment,: ' Sub Total Case Management ' -•f SCreening/Assess'rnent Jail-Eased/Case mitiiileinérit conyritinIty:Case Ma*ement ' Sub Total Sub Total -, Total Program Funding , . . . . . . . In Jail As- sessment (POJRP Only)• -: Sub Total . 'AB icitiiinistnition .• ,, . • rson iractimi Services , Equipment ' --- SLIPPriti lave Training, Expenses Public Education' bther l Total Administration Total Program .:Achrilnistiatio B. FUNDINd SOURCE: 112_112/4n11LIMAMIN4A- Moll 0 BIltio ato ill 11, I DT1111111.1111111 FY 2007 1 - .--- - Y2006 AWARD PROPOSED RECOMMENDATION FY 2P°T *- - • RECOMMENDATION _ PROPOSED AMOUNT • Re entialServices 1,560,375 1 ,733,750 1,581 737 345,883 345,883 I _ _ C. TOTAL FUNDING SUMMARY ,...VARIANCp);.:.. FY 2007 . ..F.Y 2007 . FY 2007: • AWARD 4 -', (F.Y.2006 AWard FIJND: D, 2006 TOTAI6, . PROPOSAL' .": RESERVE FUNDING . FY 2007.Thial• '. RECOMMENDATION Recommendation) Comprehensive Plans & Services Funds 1,424,408 1,424,408 1,416,508 (7,900) DDJR & CTP Assessment & Treatment Services 290,389 296.331 296,331 5,942 In Jail Housing 53,000 59,925 59,925 6,925 Residential Services 358,750 345,883 345,883 (12,867) Total DDJRP Funding 702,139 702,139 - 702,139 0 Residential Service Funds 1 550,375 1.733,750 1,681.737 121 362 . TOTAL: 3,686,922 3,860,297 - 3,800,384 - ... 113,462 tComments: I 1 1 1. The County's Work Crew Program Sailed to meet projected enrollments in FY 2005, was substantialty revised for FY 2006 but has again missed projections by utilizing only 2-3% of projected enrollment The current level of felony offenders in the program has very litlie if an impact in meeting OCC priorities or in effeding jail crowding. therefore, continued finding of this program is not supixxlect I i 1 2. Residential Services funding has been indeased to coincide with actual utilization levels fur FY 2005 through June FY 2006. I CCIS PROGRAM CODE Comprehensive Plans & Service Fund - PROGRAM SERVICE Local Resources _ Total Funding 468,278 104,300 30,989 603,567 61,932 61,932 33,000 140,000 260,000 433,000 1,194,557 717,927 1,912,484 455,223 455,223 83,603 490,421 574,024 1,662,835 822,227 30,989 2,516,051 517,155 517,155 116,603 140,000 750,421 1,007,024 215,591 215,591 215,591 215,591 1,314,090 • 2.941,731 4.255.821 580,210 215,878 1,000 2,200 3,7501 756 1,000 804.788 5,050,609 . flisiritlon Persdnoil: ' . . . . TrPer : • ; Board Experses Other TOTAI:iujimms+RinoN-. TOTAL PROGRAM& ADMINISTRA710N 68,649 30,769 500 750 750 1,000 102,418 1,416,508 511,561 185,109 1,000 1,700 3,000 702.370 3,644,101 ATTACHMENT "B" MICHIGAN DEPARTMENT OF COk.RECTioNt OFFICE OF COMMUNITY:.CO0iikECTIONS Budget Summary of Funding Sources FY 2N7 Oakland County COMMUNITY SERVICE Placement iNtiri< Crew • ' tpticA-nök „. • . •• ," 4".; ir_Eilaéeational Sétvicii " 'Sub Total EMP.OYENT &TRAINING, -1, Er.nplOyir* TOnitig ServiCas . Sub Total INTENSIVE SUPERVISION ' 1_100prsng-..., • •• Monttorin flgirifuL FrEaurri ...s..e4pirehd*-treatriierit • ' PRETRIAL SERViCES. r 0*i:1ronic MonticAriij : SUBSTANCE ABUSE Tatmel _ iiiii10)6Treatrtibht-: - Sub Total _ - eht CASEMANAGEMENT. • /ssetssfYI - Management e•rilenCommunity Case Tofar SUI) Total Sub Total Sub Total Sub Total Sub Total T.OTAL.PROGRAM FUNDING & •••, EXPENSES .„ •• ' : • DRUNK DRIVER JAIL REDUCTION PROGRAM FUND Ini$1aliAssessrIletit :,,N9_sals • ReiVen . ' ;L::,.TOTALfUNDING'L Print Date: 8123/2006 59,925 59,925 296,331 296,331 345,883 345.883 702,139 :702,139 iPRETRIAL SERVS= Saeertig Av...ss-.74r.t Eel:twit Monitoring SUBSTANCE ABUSE Ter,ling Outpatiga Treatmext Cognitive Treahner-A ' . _ CASE MANAGEMENT . -Soreening/Assessment Jafl-Based Case Marrag Corrirminrly Case Marieg OTHER Sub Total Subtotal . . Sub Total Stib-Toial . • In,,t,IAs4stssrn„.:erit.,, • • 7 H20-01 Alaisnigni &.treiiirn'ent'de'iVTCeS • ••:' .X-01 59.925 296,331 Name Date 468.278 104,300 30,989 603.567 61,932 61,932 33,000 140,000 260,000 433,000 MICHIGAN DEPARTMENT OF CORRECTIONS - OFFICE OF COMMUNITY CORRECTIONS:' Monthly Expkriclitrire Report • Fy zoor 215,591 CCAB Name: PROGRAM SERVICE COMMUNITY SERVICE Placement - Work Crew Sub Total EDUCATION EducaEonal Services Cognitive Change Oakland County CCIS PROGRAM Award Amount CODE • Month: Expenditures for Report Month • Year to Date ; Expenditthia Year to Date Expenses as a Percentage'Of Annual Budget 215,591 EMPLOYMENT & TRAINING • Employment & Training Services Sub Total Sub Total L ! INTENSIVE SUPERVISION El Cay Reper^xg Mcntorrig stper,,,,rom ENT'AL HEALTI ENT'AL HEALP-I Sex Mender Treatment Subtotal Sub Total TOTAL PROGRAM FUNDING & EXPENSES ihfrifetratIdo . : . • Contractual -Services • 68,649 30,769 Equipment' , Supplies _ Traver Teinkig - &Asti Eiger-ares Ettcavcr ClIer • DIAL ADMINISTRATION .." - - 1o2,418 " _ . OGRAell & ADVN-5.-7,%ATIDt4 • 1 '1,415.X5 • - DRUNK DRIVER .4AILREDUCTION PROGRAM FUND 500 750 750 1,000 PROGRAM SERVICE _ CCM PROGRAM CODE Exiienditurei for Report Month Year to pita Expenditures . Year to Date Expenses as a Percentage of Annual Budget . TOTAL!FUNDING & EXPENSES: Prepared by: Approved by' Name Date 1,314,090 FISCAL NOTE (MISC. 106205) October 19, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION - FY 2006/2007 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Corrections has awarded the Oakland County Community Corrections Division a Community Corrections Comprehensive Plan Grant in the amount of $3,800,384, which is a 2% variance or $59,913 less than requested in the application. 2. The grant award is a 3% variance or $113,462 more than the previous award of $3,686,922. 3. This is the thirteenth (13) year of the grant application with the Michigan Department of Corrections, Office of Community Corrections. 4. The grant period is October 1, 2006 through September 30, 2007. 5. The award provides full time funding for current positions 7424, 7425, 7426, 7427, 7428, 7429, 7430, 7431, 7432, 7433, 7434, 9003, 9243, 9247, 9291, 9295, 9649; .5 of full time positions 7834 and 9396 and PTNE position 9292 within the Community Corrections Division. 6. The award also provides full time funding for positions 7418, 7419, 7420, 7421, 10393, and PTNE funding for position 7417 and PTE funding for position 9397 within the Sheriff's Office. 7. No County match is required. 8. The award supplements the FY 2007 Adopted budget for the Community Corrections Division General Fund Budget in the amount of $4,674,749, which includes administration and other County programs. 9. An amendment to the FY 2007 Adopted special revenue budget of $113,462, as detailed in the attached schedule is requested to reflect the new grant award of $3,800,384 for FY 2007. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Rogers absent. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 19th day of October, 2006. ‘f Rutfi.S-Olifison, County Clerk Resolution #06205 October 19, 2006 Moved by Palmer supported by Coleman the resolutions (with fiscal notes attached) on the Consent Agenda, be adopted. AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (22) NAY: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted. 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 October 19, 2006, with the original record thereof now remaining in my office.