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Home My WebLink AboutResolutions - 2007.11.29 - 9314November 29, 2007 MISCELLANEOUS RESOLUTION 107263 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: 52-2 DISTRICT COURT - 2008 MICHIGAN DRUG COURT PROGRAM - MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the 32 District Court, Division II (Clarkston) applied for a grant with the State Court Administrative Office (SCAO), Michigan Drug Court Grant Program effective October 1, 2007 through September 30, 2038; and WHEREAS the application requested total funding in the amount of $95,063 of which $95,557 was awarded, consisting of $40,00C in grant funding from SCAO, and $55,557 of required general fund matching dollars; and WHEREAS adjustments are being made to the program budget to operate within the funding awarded; and WHEREAS this is the fourth year of grant funding, for the 52-2 Clarkston Drug Court program, and is a stand alone grant with no Byrne matching funds; and WHEREAS this drug court was instituted to deal with the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an increase in jail days ordered; and WHEREAS this award will provide continuation funding for one (1) special revenue full-time eligible Probation Officer :I position (3C20305-10317) in the Probation Unit to provide intensive probation supervision and frequent alcohol testing of defendants; and WHEREAS other program costs include laboratory testing supplies, and travel and conference; and WHEREAS the cash match funding of $55,557 for this program as required by SCAO is identified in the general fund; and WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain proportionate funding for Federal, State and Private grants; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the State Court Administrative Office (SCAO), Michigan Drug Court Program Grant, in the amount of $40,00O 3 with a contributed County Match of $35,557 for total funding of $95,557. 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 tnat one (1) special revenue full-time eligible Probation Officer II position (3020305-10317; be continued in the 52-2 District Court Probation Unit, and other related program costs including, travel and conference, and testing supplies. 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 no expenditures are authorized until a grant agreement is fully executed with the County's obligation limited to the grant funding period. BE IT FURTHER RESOLVED that continuation of the position associated with this grant is contingent upon continuation of State funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a rol: call vote with Po:ter absent me. t, Niro A. Monk ury State Court Administrator Feb-06-01 01:1EP nlacklonzie FEB-OS-01 12:4r Free:SW 74...fRAL. 249-305-SW47 • P . 02 -- 5173732112 • " • 7-410 P.2/:2 Joi:-111 • Michigan. Sttprtne Court State Court Athrthi#ratiTe Office L. ECX Lmming. Mtthixt 4,13g09 ?none (517) 37,44:12 Jahn D. Verm.jr., tow Couk Adtainkunuar Fahrotry 2001 • Honorable Brims MacKenzie .57:4 District Court 41150 Geind River Ave. . Novi, MI 4.8374-1222 Dear Judge MacKenzie: Pursuant to our crarversanon this mianiniks-csgarding the Kchigao Drug Court Grant PrOgram, I am providing information concerning mance #4 in the application raatcriaLs. The assurances included itt the 1VOchigan same as the assurances required to apply for and programs. Assurance #4 calls for the applicant continue funding whather that be fromIca1, o lvfichigon Drug Court Crust Program, is a stoic fund dollars. The funding is intended to assist inidevelopiag and implementing amt., programa and provide limited support to continuing propthe. It is, however, the program's responsibility to eventually seek additional Wurcas of fundius.itThis should not be construed as a mandate for future funding of a program from the timdingilrit If you have any further questions. Pica= siri4=ty, Drug Court Grant application ntaterials are the tspt federal program Dim-ling for drug court provide assurance of a program's hatad state, or federal sources of funding. The toted progimm funded with lirnitesi general GRANT REVIEW SIGN OFF — 5212 District Court GRANT NAME: SCAO Sobriety Court FUNDING AGENCY: State Court Administrative Office DEPARTMENT CONTACT PERSON: Carol Pummill, Sharon kupe/248-625-5957 x253 and x251 STATUS: Grant Acceptance DATE: October 19, 2007 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials 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 (10/12/2007) Department of Human Resources: Approved by HR. — Jennifer Mason (10/12/2007) Risk Management and Safety: Approved By Risk Management - Andrea Plotkowski (10/18/2007) Corporation Counsel: After reviewing this grant contract, there appear to be no unresolved legal issues that require additional action. — Karen Agacinski (10/18/2007) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. • 2004 PA 224; littp://w-ww.le Tislantre.mi. /ov/documer htru/2004- PA-0224.11bn • Michigan Human Subjects Regulation http://www.michigarugov/mdch/0,1607,7-132- 2945 32550-99784--,00.html, • Federal Health Insurance Portability and Accountability Act of 1996 (HTPAA, Title 11) http://www.ems.hhs.gov/HIPAAGerdnfo/Downloads/HIPAAlawdetail.pdf • Federal - Debarment and Suspension - Executive Order 12549 - 51 F.R. 6370, February 18, 1986 http://www.ocop.eduiraoliome/certs/eo12549.html • Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities "Act 317 of 1968" [Enter Act Number and Year] http://www.legislature.mi.gov/(S(t1mxfiybrdwItir55pkunbrunu))/mileg.aspx?page---MCLP ASearch 2008 52" District Court 2"d Division Contract Year: L'ourt Name: Person Completing Budget (Signature) SCAO Finance: Approved By (Signature) Date Date Revised BUDGET SUMMARY Budget Summary G H 1. 1 1. 2 J Byrne Award Other Grant or Other Grant or Contributions MDCGP Award SCAO or Funding Sources Funding Sources ODCP Cash In Kind Total Cost Budget Category SCAO underline one) (Specify) (Specify) A Personnel $24,877 $ $30.673 $55,550 B -Fringe Benefits $13,248 $ $ $18,184 $ $31,432 C Contractual $ 0 $ $ $ $ 0 $ $ 0 D Supplies/Operating $1,350 $ $ $ $2,000 $ $3,350 E Travel $525 $ $ $ $4,700 $ $5,225 ' Total Project Cost $40,000 $ $55,557 $ 1 $95,557 , (by Funding Source) Summary of Drug Court Funding G MDCGP Award SCAO $40,000 n Byrne Award -- Granted by: SCAO or ODCP (highlight one) $ I Other Grant or Funding Sources (Identify: e.g., Child Care Fund, WA Discretionary Grant, etc.) 1. $ _ 3. $ j Local Contributions 1. Cash $55,557 2. In Kind $ $ Total All Funding Sources $95,557 Sharon M. Rune Print Name 248-625-4999 Contact Number SCAO Finance: Print Name Contact Number BUDGET NARRATIVE The budget narrative should justify all costs associated with the proposed project. Use additional pages as needed. A. Personnel: One full time probation officer supervises all Sobriety Court Program participants. Mark Mathur has completed the Federal Bureau of Justice Planning Initiative Operational Training Program, and has been instrumental in the creation and operation of Sobriety Court. Salary is computed on his current classification as a Probation Officer 11, Grade 10, Step 60. B. Fringe Benefits: Calculation of 56.60% of salary is based on the current formula provided by the Department of Management and Budget for Oakland County. C. Contractual: There is no request for contractual services. D. Supplies and Operating: Expenditures are based on actual incurred expenses in FY200641/2007, such as incentives and materials for program participants, costs related to graduation ceremonies which are held twice per year, drug tests and gloves when testing is not conducted at an outside agency. General supplies for program operation would be obtained from the cash match portion of the budget. E. Travel and MADCP Conference: It is anticipated that four members of the Sobriety Court team will attend the annual MADCP conference, and two members will attend the NADCP, or a comparable conference related specifically to Drug/Sobriety Court operations. Conference attendance is critical to keep abreast with current trends and policies related to program operation. Additionally, this allows team members to join a valuable network of other professionals involved in Drug/Sobriety Courts. BUDGET DETAIL WORKSHEET A. Personnel MDCGP Byrne Award Other Grant Other Grant Contributions Computation Total . Name/Position Award SCAO-ODCP or Funding or Funding (Hours/Rate) SCAO (underline one) Cash In Kind Mark Mathur Salary Probation Officer II Grade 10 $ 24,877 $30,673 $55,550 100% Grant Step 60 $ , $ $ $ 4 $ $ $ Personnel Total $ $ $ B. Fringe Benefits [X] Employer FICA 7.65% [X] Retirement 29.56% [X] Hospital insurance 15.71% [XI Dental insurance 1.49% [X] Vision insurance .15% IX] Unemployment insurance .20% [X] Workers' Compensation 1,17% [X] Life insurance .26% [X] Other Disability .43% [ 1 Other _ Composite Rate 56.60% MDCGP Byrne Award Other Grant Other Grant Contributions Award SCAO-ODCP or Funding or Funding Total _1 SCAO (underline one) Cash hi Kind Fringe Benefit Total $13,248 $ $18,184 $ $31,432 I Total Personnel and Fringe Benefits $38,125 $ $ $ $48,857 $ $86,982 NO REOUEST _ C. Contractual Unit Cost of IVIDCGP Byrne Award Other Grant Other Grant Contributions -Name of Contractor Service & Award SCAO-ODCP or Funding or Funding Total # of Units SCAO (underline one) Cash In Kind r- '- Contractor $ $ $ $ _ $ $ .. Services to be Provided - Contractor $ , $ $ $ $ $ $ $ Services to be Provided Contractor $ $ $ . $ , $ $ $ , $ Services to be Provided Contractor $ , $ $ $ I $ $ $ Services to be Provided Contractor $ $ $ $ Services to be Provided Contractor $ i $ $ $ $ I $ $ I $ • Services to be Provided Total Contractual $ $ $ $ $ $ $ $ D. Supplies/Operating Unit Cost of MDCGP Byrne Award Other Grant Other Grant Contributions • Item & Award SCAO-ODCP or Funding or Funding Total Item it of Units SCAO (underline one) Cash In Kind $Based on Incentives 2006-2007 $500 $ $ $ $500 $ $1, 000 Expenses _ $Based on Graduation Supplies 2006-2007 $500 $ $ $ $500 $ $1,000 Expenses Drug Tests and Gloves $5.75 each $350 $ $ S $0 $ $350 qty of 60 General Supplies (file folders, toner, paper, certificates, covers, $0 S $ $ $ $1,000 $ $1,000 seals, postage) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Supplies/Operating $ $1,350 $ $ $2,000 $ $3,350 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 (underline one) Cash In Kind 2006-2007 - Expense , MADCP Registration for 4 at $525 $ $ $ $175 $ $525 $175 each _ 2006-2007 NADCP or comparable Expense $0 $ $ $ $1,000 $ $1,000 Conference Registration for 2 at $500 each MADCP Conference Expenses 2006-2007 for 4 (lodging, meals, mileage, Expense $0 $ $ $ $1,552 $ $1,552 parking) for 4 ___ NADCP or comparable 2006-2007 Conference Expenses for 2 Expense $ $ $ $ $1,973 $ $ 1,973 (airfare, lodging, meals, for 2 transportation, parking) _ $ $ $ $ $ $ $ Total Travel $525 $ $ $ $4,700 $ $5,225 MICHIGAN SUPREME COURT STATE COURT ADMINISTRATIVE OFFICE MICHIGAN DRUG COURT GRANT PROGRAM 2008 GRANT CONTRACT 52-2 District Court - DWI Drug Court Contractor 38-6004876 Federal ID Number SCAO-2008-042 SCAO Contract Number $40,000 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, 2007 PA , effective , 2007, provides funding for the Michigan Drug Court Grant Program (MDCGP) for FY 2008. 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, 2007, and shall terminate on September 30, 2008, unless terminated earlier according to provisions in section 20. Funding under this contract does not guarantee future funding from the MDCGP. 4. Contract Funding Upon approval of the Contractor's application and signing of this contract, SCAO agrees to provide funding from the 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 S1,000 are implemented during the grant period. Michigan Drug Court Grant Program — FY 2008 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 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 — IV 2008 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. It also shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals. 9. Health Insurance Portability and Accountability Act and 42 ('FR Part 2 To the extent that this act and these regulations are pertinent to the services that the Contractor provides under this contract, the Contractor assures that it is in 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 — FY 2008 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 restrictimg 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 - FY 2008 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 Contractor bears the sole responsibility and liability for furnishing workers' compensation benefits to any of its employees for injuries arising from or connected with services performed pursuant to this contract. 11. Liability 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 — FY 2 0 0 S 12. Debarment and Suspension The Contractor may not contract with or make any award of the SCAO drug court grant funds at any time to any party that has been debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." 13. Acquisition, Accounting, Recordkeeping, and Inspection A. The Contractor agrees that all expenditures from this contract, including the acquisition of personnel services, contractual services, and supplies, shall be in accordance with: (I) the standard procedures of the Contractor's unit of 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 and/or budget amendment. C. The Contractor agrees that the Michigan Supreme Court, State Court Administrative Office, the local government audit division of the Michigan Department of Treasury, the State Auditor General, or any of their duly authorized representatives, including program evaluators and auditors, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, books, accounts, data, time 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 — FY 20W 7 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 shall immediately refund all amounts that may be due SCAO. Failure of the Contractor to comply with the requirements of this section shall constitute a material breach of this contract upon which the State Court Administrative Office may cancel, terminate, or suspend this contract. D. The Contractor's accounting system must maintain a separate fund or account that segregates MDCGP contract receipts and expenditures from other receipts and expenditures of the Contractor. 14. Accountability for Michigan Drug Court Grant Program Funds The Contractor agrees that it will not expend funds obtained under this contract for any purpose other than those authorized in the administrative requirements 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 — FY 2008 8 the program. The inspection methods that may be used include, but are not limited to orisite 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 each quarter of the fiscal year, with the exception of the 4th quarterly report which will be due October 10, in order to meet fiscal year-end reporting requirements. The financial quarterly reports will be due by January 31, April 30, July 31, and October 10. SCAO will provide copies of the financial report forms upon request. B. Progress 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 data validation Michigan Drug Court Grant Program — FV 2008 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 of each required report as outlined in sections A, B, and C above. If any report is thirty days past the due date, a delinquency notice will be sent 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 tbrfeiture 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. 17. 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. B. The Contractor should sign up through the online vendor registration process to receive all state of Michigan payments as Electronic Funds Transfers Michigan Drug Court Grant Program FY 200S 10 (EFT)/Direct Deposits. Registration information is available through the Department of Management and Budget's website at: http://www.cpexpress.state.mi.us . 18. Budget Modification Adjustments in expenditures up to $1,000 within line item categories in the approved budget and transfers up to $1,000 between line item categories in the approved budget may be made without the prior written approval of SCAO. Requests for adjustments in expenditures within line items and between line item categories exceeding $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. This contract may be terminated on thirty days prior written notice upon the failure of either party to cany out the terms and conditions of this contract, Michigan Drug Court Grant Program — FY 2008 I I 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 ,yeq,, MSA 4.1700 (71) et seq. 22. State of Michigan Contract This is a state of Michigan contract and is governed by the laws of Michigan. Any litigation arising as a result of this contract shall be resolved in courts of the state of Michigan. Authorized By: State Court Administrative Office Date Acceptance by Contractor: Authorizing Official (Signature and Title) Date Chief Judge (Signature) Date Michigan Drug Court Grant Program — FY 2008 12 ASSURANCES 1. Applicants must provide assurance that there has been and will continue to be appropriate consultation with all affected agencies in planning and implementation of the drug court program. Pursuant to 2004 PA 224, applicants are required to have a memorandum of understanding with each local prosecuting attorney, a representative of the criminal defense bar, and a representative or representatives of community treatment providers, as well as any other parties considered necessary to successful planning and implementation. 2. Applicants must provide assurance that all treatment programs and providers used in the drug court program are licensed and/or accredited by appropriate state government or professional agencies. 3. Applicants must provide assurance of the intention of the jurisdiction to continue the program after funding from the Michigan Drug Court Grant Program (MDCGP) has been exhausted. 4. Applicants must provide assurance that all recipients of funding under this grant program are required to comply with nondiscrimination requirements contained in various federal and state laws. Each applicant court should have a copy of their Equal Employment Opportunity plan on file and available for review by the State Court Administrative Office upon request. 5. Applicants must assure that the applicant and its subgrantees will not use funds from the Michigan Drug Court Grant Program for lobbying and that it will disclose any lobbying activities related to the Michigan Drug Court Grant Program. 6. Recipients of funding under this grant agree that all expenditures, including personnel services, contractual services, and supplies, shall be in accordance with the standard procedures of their court. The grantee's accounting system must maintain a separate fund or account to support expenditures. Recipients of funding agree to maintain accounting records following generally accepted accounting principles for the expenditure of funds for purposes identified in the budget and any budget amendments. 7. State funds may not be used to replace (supplant) hinds which have been appropriated for the same purpose. 8. Recipients of funding will assure that the Supreme Court, the 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 shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent financial transactions, accounting records, or other fiscal records related to this grant. Such records shall be maintained for a period of five years after completion of the grant project or until all State Court Administrative Office audits are complete for the fiscal period, whichever is later. Recipients shall provide quarterly reports on the funds received and expended by the drug treatment court in the form required by the State Court Administrative Office. 14 • 9. Applicants agree to collect and provide program and participant data in the form and manner required by the State Court Administrative Office, and to participate in follow-up and evaluation activities. 10. Applicants receiving awards from SCAO agree to utilize the SCAO Drug Court Case Management Information System to manage drug court cases and report all data to SCAO pursuant to 2004 PA 224, § 1078. 11. Applicants who receive funding from the Michigan Drug Court Grant Program must follow the ten key components of drug courts developed by the National Association of Drug Court Professionals. Additionally, applicants agree to follow all applicable state laws, court rules, and administrative orders pertaining to the operation of drug courts and adjudication of related cases. 12. Applicants agree to participate in State Court Administrative Office required training including the Bureau of Justice Assistance's Drug Court Planning Initiatives (DCPI). Courts that apply to DCPI training, but are not selected, must agree to participate in DCPI training if provided by the State Court Administrative Office during the funding year. 13. All recipients of funding under this grant program will ensure that violent offenders, as outlined in 2004 PA 224 and defined below, will be excluded from the drug court programs. a. "Violent offender" means an individual who meets either of the following criteria: Is currently charged with or has pled guilty to, or if a juvenile, is currently alleged to have committed or had admitted responsibility for, an offense involving the death of, or a serious bodily injury to any individual, or the carrying, possessing, or use of a firearm or other dangerous weapon by that individual, whether or not any of these circumstances are an element of the offense, or is criminal sexual conduct of any degree. Has one Or more prior convictions for, or if a juvenile has one or more prior findings of responsibility for, a felony involving the use or attempted use of force against another individual with the intent to cause death or serious bodily harm. 14. Applicants agree that if a federal 501(03 exists or is developed for drug court purposes, or if the drug court develops a partnership with an existing 501(e)3, that no employee of the court will be directly involved in the operations of the 501(c)3. 15. The State Court Administrative Office may suspend funding in whole or in part or terminate funding for the following reasons: a. Failure to comply substantially with the requirements of the grant program, which includes the submission of financial reports, quarterly data reports, and hi-annual progress reports within the required time periods. 15 )1 n 10 b. Failure to make satisfactory progress toward the goals or strategies set forth in this application. c. Failure to adhere to the requirements in the grant contract. d. Proposing or implementing substantial plan changes to the extent that the application would not have been selected for funding. e. Filing a false certification in this application or other report or document. f. Other good cause shown. 16. The individuals with express authority to act in the name of the applicant in the positions of project director, financial director, and authorizing official should be the grant signatories. The signatures commit the applicant to the terms and conditions of the grant contract and attest to the accuracy of all information, which has been supplied by the applicant. The project director is responsible for directing the implementation of the drug court grant project. The financial officer is the individual who is fiscally responsible for this project, and is responsible for accountability for the state grant funds. The authorizing official is the individual authorized by the court to enter into this agreement. The State Court Administrative Office prohibits the same individual from signing in more than one capacity. By signing the assurances form, the applicant court assures that it will comply with the requirements set forth in the grant application in order to receive funding under the Michigan Drug Court Grant Program. Project Director (Name/Title) Project Director (Signature) Date: Financial Officer (Name/Title) Financial Officer (Signature) Date: Authorizing Official (Name/Title) Authorizing Official (Signature) Date: 16 General Fund 10100 Expeditures 9090101-121050-730800 3020301-121050-788001 Grant Match Transfer Out FY 2008 ($4,975) 4,975 9 FISCAL NOTE (MISC. #07263) November 29, 2007 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: 52-2 DISTRICT COURT - 2008 MICHIGAN DRUG COURT PROGRAM - MICHIGAN STATE COURT ADMINISTRATIVE OFFICE (SCAO) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 52 nd District Court, Division II (Clarkston) has received a grant in the amount of $40,000 from the State Court Administrative Office (SCAO), Michigan Drug Court Program, for the period of October 1, 2007 through September 30, 2008. 2. The contributed General Fund match is $55,557, for total program funding of $95,557. 3. This is the fourth year of grant funding of the 52-2 Clarkston Drug Court program, and is a stand-alone grant with no Byrne matching funds. 4. The cash matching funds are no longer required, but are now designated as contributed cash match, and is currently budgeted in the 52-2 District Court General Fund budget. 5. The grant contract includes continuation funding for one (1) special revenue full-time eligible Probation Officer II position (3020305-10317) for $86,982 within the Probation unit. 6. The grant also funds $5,225 in travel and conference and $3,350 of operating supplies, equipment and incentives, for a total SCAO program budget of $95,557. 7. In addition to the County match contribution, the County is expected to incur administrative and support costs of $5,111 for FY 2008, which has been included in the FY 2008 budget. This grant does not allow for recovery of these costs. 8. The FY 2008 Adopted Budget reflects a total of $64,581 for this grant and the grant award and County match required is $30,976 more than the current budget. 9. The 52-2 District Court Budget also has $30,482 available in the Transfer Out account to use towards the grant match requirement, and $20,100 in grant match is currently budgeted in the division's SCAO grant fund (#27160), which leaves a balance of $4,975 needed to meet the total requirement of $55,557. 10. A budget amendment is recommended to the FY 2008 Budget as follows to accept continuation funding from SCAO, for the 52-2 District Court Drug Court grant: Special Revenue Fund 27160 Project #GRC000000243 Activtty A, Analysis :ype GLB Revenue 3020301-121050-620467 Grant Match $ 35,457 3020301-121050-615571 Grants-State ( 4,481) $ 30,976 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Potter and Woodward absent. Expenditures 3020301-121050-702010 3020301-121050-722740 3020301-121050-731458 3020301-121050-732018 3020301-121050-750280 Salaries $ 29,367 Fringe Benefits 14,496 Professional Services (6,562) Travel and Conference 3,100 Lab. Supplies ( 9,425) $ 30,976 FINANCE COMMITTEE Resolution #07263 November 29, 2007 Moved by Rogers supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). C K ) I HEREBY APPROVE THE FOREGOING RESOLUTION ACTING PURSUANT TO 1973 PA 139 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 29, 2007, 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 29th day of November, 2007. RtvitigialirKii, 'County Clerk