HomeMy WebLinkAboutResolutions - 2007.11.29 - 9316November 29, 2007
REPORT MR #07265
BY: Personnel Committee, Thomas F. Middleton, Chairperson
RE: Circuit Court — FY 2008 Michigan Drug Court Grant Program and Justice
Assistance Adult Treatment Court Grant Acceptance
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed the above referenced Resolution on
November 7, 2007 Reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the
foregoing report.
PERSONNEL COMMITTEE
Personnel Committee Vote:
Motion carried on a unanimous roll call vote with Coleman and Hatchett absent.
Novethber 29, 2007
MISCELLANEOUS RESOLUTION #07265
BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON
IN RE: CIRCUIT COURT - FY 2008 MICHIGAN DRUG COURT GRANT PROGRAM AND JUSTICE
ASSISTANCE ADULT TREATMENT COURT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Circuit Court applied for a grant with the State Court
Administrative Office (SCAO), Michigan Drug Court Grant Program with a
granting period of October 1, 2007 through September 30, 2008; and
WHEREAS the SCAO grant award, plus PA 511 Community Corrections
contributed funds, and general fund in-kind support make up the total program
funding for FY 2008; and
WHEREAS the application requested total program funding of $343,936;
but the total program award was reduced to $210,936 which includes $95,000 of
SCAO funding; $100,000 of PA 511 Community Corrections contributed funding,
and $15,956 of general fund in-kind support; and
WHEREAS the court intends to continue the Drug Court to deal with the
problems of increasing recidivism, increasing use of alcohol and illegal
drugs, rising systems costs, and the increase in jail days ordered; and
WHEREAS grant award is sufficient to fund one (1) special revenue full
time eligible (FTE) Community Service Coordinator position (3010301-09837)
for nine (9) months from October 1, 2007 through June 30, 2008; this position
will be deleted unless sufficient additional funding becomes available: and
WHEREAS in addition, this award provides funding for drug testing
supplies and kits, contractual services for individual and family treatment,
and transitional housing; and
WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to
maintain proportionate funding for Federal, State and Private grants; and
WHEREAS the contract has been approved in accordance with the County
Executive's Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the FY 2008 program funding award in the amount of
$210,956, which includes $95,000 in grant funding from SCAO, $100,000 in PA
511 Community Corrections in-kind support, and $15,956 in general fund in-
kind support.
BE IT FURTHER RESOLVED that the Chairperson of the Board of
Commissioners is authorized to execute the contract 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 17 FURTHER RESOLVED that acceptance of this grant is conditioned
upon the 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 this award continues funding for one (1)
special revenue full time eligible (FTE) Community Service Coordinator
position (3010301-09837) for nine (9) months and will be deleted at the end
of that period unless additional funding becomes available, this award also
approves contractual services and drug testing supplies.
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, and receipt
of additional funding sources.
Chairperson, on behalf of the Public Services Committee, I move
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Potter absent
1.-eo-ua2-01 01:16P macksanzie .
• FO-LIS-i11 12147 ft:id:Mg TRAL
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— 51737312 • 7-4211‘ P.112/1112
• Michigan Suprime Court
Star* Court Adruist3ittive Offic e
Ea Sax
. L2nsing, Michis;Ln 48909
• • ?tune (517) 37444=
)ahrt D. Terrpir... Coutt Adtairtistau5r .
• Februrry 2001 •
Honorable Brian MacKenzie.
52" District Colin
4S150 Grand RiverAve.
. 445744222 .
Dear Judge lvfacKetoziee 1 •
Pursuant to our cortversaziors this regarding the lvEchigan Drug Court Grant
• ?Mama, I am providing information concerning mance #4 in the afplictoion maxeriaLs.
The assurances included in the Kehigan F}rug Court Grant application materials are the
same as the assurances re quired to apply for and accept federal program filming for drug court
progsims. .uranm #4 calls for the applicant t4 provide sissuratce of a program's in= to
continua funding whither that be from local, °their state, or fr.tieral sources of fundin g. The
Michigan Drug Court Grarst Program is a stal±-arrerpriated proginen funded with iirnitr.si geacral
fund dollars. The finuling is intended Kt assist in developing end implementing new programs
and provide limited support to continuing programs. It is, however, the progranis responsibility
nvetttually teek adational smarm= of futu:lin• This should net be construed as a mandate for
future funding of a program from the finding un(t.
If you have any further questions, Picase 2le.
t .
Da*Prt A. Monk
Dcpury State Com; A.dministrarnr
•
GRANT REVIEW SIGN OFF — Circuit Court
GRANT NAME: FY2008 Michigan Drug Court Grant Program for Adult Treatment Court
FUNDING AGENCY: Michigan State Court Administrative Office
DEPARTMENT CONTACT PERSON: John Cooperrider / 858-0256
STATUS: Grant Acceptance
DATE: October 26, 2007
Pursuant to Misc. Resolution 401320, 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 (10/1812007)
Department of F111111211 Resources:
Approved by HR. — Jennifer Mason (10/23/2007)
Risk Management and Safety:
Approved By Risk Management - Andrea Plotkowski (10/26/2007)
Corporation Counsel:
After reviewing this grant contract, there appear to be no unresolved legal issues that require
additional action. — Karen Agacinski (10/19/2007)
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.
• Federal Office of Management and Budget (OMB) Circular No. A-87 - Cost Principles
for Local Government. This Circular establishes principles and standards for determining
costs for Federal awards carried out through grants with State and local governments.
http://www.whitehousc.gov/omb/circuiars/a087/a872004.html
• Federal Office of Management and Budget (OMB) Circular No. A-102. This Circular
establishes consistency and uniformity among Federal agencies in the management of
grants and cooperative agreements with State, local, and tribal governments.
http://ww w.whitehouse uov/omb/c iron] ars/a102/a102. html
• Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular
sets forth standards for obtaining consistency and uniformity among Federal agencies for
the audit of States, local governments, and non-profit organizations expending federal
awards. http://www.wh it ehou se. gov/omb/c ircul ar s/a I 33/a133 html
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Ed Poisson — Julie Secontine — Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Circuit Court
FY2008 Michigan Drug Court Grant Program for Adult Treatment Court
Please be advised the above mentioned grant information was put into contract review today. A
hard copy of these materials has been sent to you for review. Please provide your review stating
your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting
comments, via reply (to all) of this email.
Time Frame for Returned Comments: October 26, 2006
GRANT INFORMATION
Date: October 17, 2006
Operating Department: Circuit Court
Department Contact: John Cooperrider
Contact Phone: 248-858-0256
Other ID Number:
REVIEW STATUS: Contract Acceptance — Resolution Required
Funding Period: October 1, 2007 through September 30, 2008
New Facility / Additional Office Space Needs: None
IT Resources (New Computer Hardware / Software Needs or Purchases):
Funding Continuation/New: Continuation
Application Total Project Amount: $170,000
Prior Year Total Funding: $170,000
New Grant Funded Positions Request:
Continuation of Current Positions: Continuation of Coordinator - #35301-09837
Grantor Funds: $95,000
Total Budget: $95,000 (Represents an 9 month program)
Match and Source: None Required
PROJECT SYNOPSIS
The Adult Treatment Court provides non-violent criminal defendants, whose substance
abuse leads them to commit crimes, a positive alternative of intensive probation and
substance abuse treatment instead of long terms of incarceration. The ATC seeks to break
the cycle of recidivism, and enhance public safety and participants' lives. Additionally, the
use of jail/prison beds is reduced.
Court Name: Oakland County 6th Circuit Adult Treatment Court Contract Year: FY2008
Person Completing Budget (Signature) SCAO Finance: Approved By (Signature) Date Date
Print Name Contact Number SCAO Finance: Print Name Contact Number
BUDGET SUMMARY
Budget Summary G H I. 1 I. 2 J
MDCGP Award Byrne Award Other Grant or Other Grant or Contributions
SCAO SCAO or Funding Sources Funding Sources Budget Category Total Cost ODCP PA 511 Funds Cash In Kind
(Circle one) (Circle One) (Specify)
A Personnel $ 45,352 $ $ $ $ 10,402 55,754
B Fringe Benefits $ 24,218 $ $ $ $ $ 5,554 $ 29,772
C Contractual $ 24,000 $ $ $ 100,000 $ $ $ 124,000
D Supplies/Operating $ 1,430 $ $ $ $ $ $ 1,430
E Travel $ $ $ $ $ $ $
F Total Project Cost $ 95,000 $ $ 100,000 $ 15,956 $ 210,956
, (by Funding Source)
Summary of Drug Court Funding
G MDCGP Award SCAO 95,000
ti Byrne Award = Granted by: SCAO or ODCP (circle one)
Other Grant or Funding Sources (Identity : e.g., Child Care Fund, BJA Discretionary Grant, etc.)
I. PA 511 Funding 100,000
2.
3.
Local Contributions
1. Cash
2, In Kind $ 15,956
$
Total All Funding Sources (** *NOTE: ALL FIGURES ARE BASED ON AN 8 MONTH PROGRAM) 210,956
Page 1
BUDGET NARRATIVE
The budget narrative should justify all costs associated with the proposed project. Use additional pages as needed.
A. Personnel: Coordinator: The coordinator performs the job duties of staff supervision and training, backup coverage for probation
officers' caseloads in staff absence, coordination of weekly case conferences, initial case screening for eligibility, liaison and contract
oversight with service providers, and preparation and maintenance of program procedural manuals. Oakland County established the
pay grade for this position as the equivalent of a "Community Service Coordinator". The incumbent is a tenured employee who is
paid at the top of the salary grade, based on her experience and qualifications. (F FE position)
B. Fringe Benefits: Benefits are paid according to the Oakland County Merit System. The rate for fill time employees is estimated at
53.4% of the salary. The rate for part-time non-eligible employees is estimated at 9%.
C. Contractual: Treatment: Individual and family treatment is provided to drug court participants as part of the step-down process.
Transitional Housing: Transitional housing is provided to drug court participants as a step-down from residential treatment, especially
in cases where a participant has no family with which to reside, or the family home is considered an unstable situation.
D. Supplies and Operating: This line item will be used to purchase urine test kits and incentives for clients including supplies for
graduation ceremonies.
E. Travel and 111ADCP Conference:
Page 2
BUDGET DETAIL WORKSHEET
A. Personnel
Contributions
MDCGP Byrne Award Other Grant Other Grant Computation Total Name/Position Award SCAO-ODCP or Funding or Funding (Hours/Rate) SCAO (circle one) (JAG Grant) Cash In Kind
40 hours at Ellen Zehnder, s 45,352 45,352 $29.6478/hr Coordinator
4 hours Randy Secontine, at $ 5,930 5,930 $42.76/hour Assistant Prosecutor Hi
Colleen O'Brien, Circuit
Court Judge (county 4 hours at $ 2,236 2,236 $16.13/hour portion of salary only)
Joan Young, Circuit Court 4 Judge (county portion of hours/at $ 2,236 2,236 $16.13hour salary only)
Personnel Total 45,352 $ 10,402 55,754
B. Fringe Benefits
11 Employer FICA 7.65_ % [1 Retirement_ _27.53 % [ ] Hospital insurance _ _14.24__% [1 Dental insurance _ _1.49 %
[j Vision insurance _0.17 _`,70 [ ] Unemployment insurance __0.20% [1 Workers' Compensation 1.27% H Life insurance 040_%
11 Other _ _Disability 0.45 % [ ] Other _
Composite Rate 53.40_%
MDCGP Byrne Award Other Grant Other Grant Contributions
Award SCAO-ODCP or Funding or Funding Total
SCAO (circle one) Jag Grant Cash In Kind
Fringe Benefit Total 24,218 $ $ 5,554 29,772
I Total Personnel and Fringe Benefits $ 69,570 $ $ . $ $ $ 15,956 $ 85,526 I
Page 3
C. Contractual
Unit Cost of MDCGP Byrne Award Other Grant Other Grant Contributions
Name of Contractor Service & Award SC AO-ODCP or Funding or Funding Total
# of Units SCAO (circle one) PA 511 Funds Cash In Kind
Contractor
Solutions to Recovery and
Sequoia Recovery $ $ 4,000 $ $ $ $ $ 4,000 — _
Services to be Provided
Transitional housing expenditures for participants in the program. (move-in fees $19/day – cost of housing is approximately $22/day)
Contractor
Office of Substance Abuse
Services providers and other
providers i.e., Oakland Family
Services $ $ 20,000 $ $ $ 100,000 , $ $ $ 120,000
Services to be Provided
Group and individual therapy services – Group services are either $18/day or $27/day depending on size of group. Individual services are $63/day/
._
Contractor $ $ $ $ $ $ $ , $
Services to be Provided
Contractor l_s $ $ . $ $
-
$ $ $
Services to be Provided
Contractor $ I $ $ I $ I $
, $
I $ $
Services to be Provided
,
Total Contractual $ $ 24,000 $ $ $ 100,000 $ $ $ 124,000
Page 4
D. Supplies/Operating
, Unit Cost of MDCGP Byrne Award Other Grant Other Grant Contributions
Item & Award SCAO-ODCP or Funding or Funding Total
Item # of Units SCAO (circle one) Cash In Kind
$ $ $ $ $ $ $
_ ___
$ $ $ $ $ $ $ $
Drug Test Kits ($10/kit) $ $ 1,430 $ $ $ $ $ $ 1,430
$ $ $ $ $ $ $ $ 1
$ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $
$ $ $ $ $
, $ , $ $ $ $ $ $ $
Total Supplies/Operating $ $ 1,430 $ $ $ $ $ $ 1,430
E. Travel (mileage for participant purposes and/or MADCP registration)
MDCGP Byrne Award Other Grant Other Grant Contributions
Computation Award SCAO-ODCP or Funding or Funding Total
Type of Travel Expense _ SCAO (circle one) Cash In Kind
-
$ $ $ $ $ $ $
$ $ $ $ $ $ $
$ $ _$ $ $ $ $
$ $ $ $ $ $ ,
, $ $ $ $ $
Total Travel $ $ $ $ $ $ $
Page 5
MICHIGAN SUPREME COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN DRUG COURT GRANT PROGRAM
2008
GRANT CONTRACT
6th Circuit Court - Adult Drug Court
Contractor
38-6004876
Federal ID Number
SCAO-2008-008
SCAO Contract Number
$95,000
Grant Amount
2004 PA 224, effective January I, 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 — FY "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 CFR 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 4
and/or 42 CFR Part 2 requirements, except to a subcontractor as appropriate under
this contract.
B. The Contractor must require that the subcontractor not share any protected health
or other protected data and information from SCAO or any other source that falls
under HIPAA and/or 42 CFR Part 2 requirements in the terms and conditions of
the subcontract.
C. The Contractor must use the protected data and information only for the purposes
of this contract.
D. The Contractor must have written policies and procedures addressing the use of
protected data and information that falls under the HIPAA and/or 42 CFR Part 2
requirements. The policies and procedures must meet all applicable federal and
state requirements including HIPAA and 42 CFR Part 2 regulations. These
policies and procedures must include restricting access to the protected data and
information by the Contractor's employees.
E. The Contractor must have a policy and procedure to report to SCAO unauthorized
use or disclosure of protected data and information that falls under the HIPAA
and/or 42 CFR Part 2 requirements of which the Contractor becomes aware.
F. Failure to comply with any of these contractual requirements may result in the
termination of this contract in accordance with section 20.
G. In accordance with HIPAA and/or 42 CFR Part 2 requirements, the Contractor is
liable for any claim, loss, or damage relating to unauthorized use or disclosure of
protected data and information received by the Contractor from SCAO or any
other source.
Michigan Drug Court Grant Program — 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 2008 6
12. Debarment and Suspension
The Contractor may not contract with or make any award of the SCAO drug court grant
funds at any time to any party that has been debarred or suspended or is otherwise
excluded from, or ineligible for, participation in federal assistance programs under
Executive Order 12549, "Debarment and Suspension."
13. Acquisition, Accounting, Recordkeeping, and Inspection
A. The Contractor agrees that all expenditures from this contract, including the
acquisition of personnel services, contractual services, and supplies, shall be in
accordance with: (1) 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 2038 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 2_008 8
the program. The inspection methods that may be used include, but are not limited to
onsite visits; interviews of staff and drug court participants; and review of case records,
receipts, monthly/quarterly statistical reports, and fiscal records.
16. Reports
The Contractor agrees to provide reports as identified in the application assurances and
administrative requirements for the Michigan Drug Court Grant Program to SCAO as
follows:
A. Financial Reports: Financial reports are due quarterly, one month following
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 — FY 2008 9
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 forfeiture notice will be sent out
to courts via the U.S. Postal Service notifying them that their funding award has
been rescinded due to contract noncompliance.
E. Grant Funding Reallocation: SCAO retains the right to reallocate grant funding
if ongoing progress is not being made toward achieving the program's goals and
objectives and/or in the implementation of the drug court grant project as defined
in the approved grant request. Reimbursement for grant costs and/or future
funding may be withheld or denied if any of the required reports in this section
are received forty-five days past their due date.
1 7. Reimbursement
A. Reimbursement from SCAO is based on the understanding that SCAO funds will
be paid up to the total SCAO allocation as agreed to in the approved budget.
B. The Contractor should sign up through the online vendor registration process to
receive all state of Michigan payments as Electronic Funds Transfers
10 Michigan Drug Court Grant Program — FY 2008
(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.
B. This contract may be terminated on thirty days prior written notice upon the
failure of either party to carry out the terms and conditions of this contract,
Michigan Drug Court Grant Program — FY 2008
provided the alleged defaulting party is given notice of the alleged breach and
fails to cure the default within the thirty day period.
C. This contract may be terminated immediately if the Contractor or an official of
the Contractor is convicted of any activity referenced in section 12 of this contract
during the term of this contract or any extension thereof
D. This contract may be terminated immediately without further financial liability to
SCAO if funding for this contract becomes unavailable to SCAO.
21. Conflict of Interest
The Contractor and SCAO are subject to the provisions of 1968 PA 317, as amended,
MCL 15.321 et seq., MSA 4.1700(51) et seq., and 1973 PA 196, as amended, MCL
15.341 et seq., MSA 4.1700 (71) et seq.
22. State of Michigan Contract
This is a state of Michigan contract and is governed by the laws of Michigan. Any
litigation arising as a result of this contract shall be resolved in courts of the state of
Michigan.
Authorized By:
State Court Administrative Office Date
Acceptance by Contractor:
Authorizing Official (Signature and Title)
Chief Judge (Signature)
Date
Date
Michigan Drug Court Grant Program — FY 2008 12
e I I,
Michigan Drug Court Grant Program — FY 2008 13
FISCAL NOTE (4ISC. 107265) November 29, 2007
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: CIRCUIT COURT - FY 2008 MICHIGAN DRUG COURT GRANT PROGRAM AND JUSTICE
ASSISTANCE ADULT TREATMENT COURT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the
above referenced resolution and finds:
1. The Circuit Court/Civil Criminal Division, Adult Treatment Court (ATC)
has received a grant award from the State Court Administrators Office
(SCAO), Michigan Drug Court Grant Program (MDCGP), for the Adult Drug
Court, in the amount of $95,000 providing funding for the grant period
of October 1, 2007 through September 30, 2008.
2. The total program cost of $210,956 includes $95,000 in MDCGP/SCAO
funds, $100,000 in PA 511 in-kind program support, and $15,956 in
general fund in-kind support.
3. The total MDCGP/SCAO program funds of $95,000 replaces the formerly
received SCAO/BYRNE grant funding.
4. The grant award provides continuation funding for one (1) special
revenue full time eligible (FTE) Community Service Coordinator
position (3010301-09837), sufficient for only nine (9) months from
October 1, 2007 through June 30, 2008, at which time, if additional
funding is not secured, this position will be deleted.
5. The grant award also funds $24,000 in professional services cost, and
$1,430 in laboratory and drug testing supplies.
6. The County is expected to incur administrative and support costs of
$5,129 for 2008, which has been included in the FY 2008 general fund
budget. This grant does not allow for recovery of these costs.
7. According to the current agreement language, acceptance of this grant
will not require the County to continue the program beyond the grant-
funding period.
8. The FY 2008 Adopted Budget reflects $170,000 for this grant, and the
grant award of $95,000 is a variance of $75,000 less than the current
budget.
Revenue Budget is recommended as
funding from MDCGP/SCAO, to the
Circuit Court Civil Criminal Division, and to amend the Adult
Treatment Court, ATC SCAB Grant Adopted budget:
9. An amendment to the FY 2008 Special
follows to accept the continuation
Special Revenue Fund 27130
Project #GR0000000233 Activity A, Analysis Type GLB
Revenue
3010301-121200-615571 Grants State
FY 2008
($ 75,000)
($ 75,000)
Expenditures
3010301-121200-702010
3010301-121200-722740
3010301-121200-731458
3010301-121200-750280
Salaries ($ 14,519)
Fringe Benefits ( 5,717)
Professional Services (48,000)
Lab. Supplies (6,764)
($ 75,000)
0
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter and Woodward absent.
•
Resolution #07265 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).
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 th County 91 Oakland at Pontiac,
Michigan this 29th day of November, 2007.
Nit%1144` on, County Clerk