HomeMy WebLinkAboutResolutions - 2007.11.29 - 9317November 29, 2007
MISCELLANEOUS RESOLUTION #07266
BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON
IN RE: CIRCUIT COURT/FAMILY DIVISION - 2008 MICHIGAN DRUG COURT CONTINUATION (SCAO) JUVENILE
DRUG COURT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Circuit Court, Family Division, applied for a grant with the State Court
Administrative Office (SCAO), Michigan Drug Court Grant Program with a grant period of October 1,
2007 through September 30, 2008; and
WHEREAS the application requested and was awarded total program funding in the amount of
$508,725 including $60,000 in SCAO funding, $358,499 in Child Care Fund funding, $50,000 of Other
Grant funding from the Department cf Human Services/Bureau cf Juvenile Justice Grant (DHS/BJJ),
$34,226 of In-kind matching General Fund support, and $6,000 in cash matching funds; and
WHEREAS cash and in-kind matching funds are no longer required, and are considered to be
contributed funding.
WHEREAS the Circuit Court/Family Division has received permission from mis/SCAo to use
$358,499 in Child Care Fund contributed funding, of which 50% is reimbursable; and
WHEREAS the court intends to continue the Drug Court to deal with the problems of
increasing recidivism, increasing use of alcohol and illegal drugs, rising systems costs, and an
increase in out of home placement days ordered; and
WHEREAS to provide coordination and supervision of the grant program, one (1) full-time
eligible (FTE) special revenue SCAO funded Community Service Coordinator position (3010402-
09712)(Juvenile Drug Court Coordinator) will be continued within the Family Division of the
Circuit Court, which is proportionately funded by 27% SCAO grant and 73% Child Care funds; and
WHEREAS (1) FTE Youth and Family Caseworker II position (3010432-09711); (1) FTF position
(3010402-09835) Youth and Family Caseworker II, and (1) PTNE position (3010402-09836) Technical
Aide, are now 100% Child Care Fund funded; and
WHEREAS in addition, program funding includes funding for drug testing supplies,
contractual services for drug testing; individual, group, and family treatment therapy services;
and
WHEREAS Miscellaneous Resolution #90004 established a fiscal policy to maintain
proportionate funding for Federal, State and Private grants; and
WHEREAS the contract has been approved in accordance with the County Executive Contract
Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
State Court Administrative Office (SCAO), Michigan Drug Court Grant in the amount of $60,000
other program funding is available in the amount of $358,499 of contributed Child Care Funds,
$50,000 of Other Grant Funding from the (DHS/BJJ) grant, $34,226 of In-kind matching General Fund
support, $6,000 in cash matching funds.
BE :T FURTHER RESOLVED that the total program cost of $505,725 is for personnel cost of
$339,245, contractual services of $150,000, and drug testing supplies of $19,480.
BE IT FURTHER RESOLVED that cash and in-kind matching funds are no longer required, and
are now designated as contributed funding.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the contract agreement and that the chairperson may approve amendments and extensions up
to fifteen (15%) percent variance from the award, consistent with the original agreement as
approved.
BE IT FURTHER RESOLVED that acceptance of this grant is conditioned upon continued
interpretatioe of the contract consistent with the February 6, 2001, letter from the Michigan
Supreme Court, State Court Administrative Office, providing that assurance #4 of that grant
application shall not be construed as a mandate for future funding of the program from the
funding unit, said letter attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that one (1) (FTE) special revenue Community Service Coordinator
(Juvenile Drug Court Coordinator) position (3010402-09712) be continued within the Family
Division of the Circuit Court with proportionate funding of 33% SCAO and 67% Child Care Fund
funding.
BE IT FURTHER RESOLVED that one (1) (FTE) special revenue position (3010402-09711); and
(1) (FTE) special revenue position (3010402-09835) Youth and Family Caseworker II, and one PTNE
Technical Aide position (3010402-09836) are being charged 100% to the Child Care Fund.
BE IT FURTHER RESOLVED that the four positions and the other program costs are contingent
on continuation of State grant funding.
BE IT FURTHER RESOLVED that no expenditures are authorized until a grant agreement is
fully executed with the County's obligation limited to the grant funding period.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Potter absent
t-en-uto-01 01:15P mackanzie
Fa-05-01 12:47 frot:SCA0 CENTRAL
248-305-9747 P.C2
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Michigan Sttpritne Court
State Court AdvtirtiStrative Office
Ea Sex 30048
Lansias, tAidtigan -0191:19
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Hot:arabla Brian MacKenzie
52" District Court
48150 Grand River Ave_
Novi, MI 48374-1222 .
Dear Judge MacKetzie:
momm/Ass Pursuant to our conversation this . ' reganiing the /vEchigan Drug Court Grant
Program, I are providing informasion concerning =nee #4 in thc zgplicaliOn ccalcrials.
The assurances included in the We-11*n prug Court Grant application materiaLt are the
same as the assurances required to apply for and lucent federal program funding for drug court
progrems. Assuranc:e #4 calls for the appiicant tr1provido =Awl= of a prograrrrs intent to
continue funding whather that be from local, °tilt state, or fr_derai sources of ftmding. The
Ivtiohigan Drug Court Grant Program is a statc-Topriatt-ri prcgittrrs funded with Recited geaL-2111
fund dollars. The ftincling is intended to assist in developing and implementing new programs
and provide limited support to coutinuitrg programs. It is, hey/ever, thc program's responsibility
to eventually seek nclaittional soul-car of (=dins. I This shuulS not be construed as a mandate for
future funding of a program from the finding Li*
If you have arty further questions, please Contact me.
Sin:
: 1 .
Dar A. Monk
Deputy State Court Administrator
GRANT REVIEW SIGN OFF — Circuit Court
GRANT NAME: Family Division, Family-Focused Juvenile Drug Court Program
FUNDING AGENCY: Michigan State Court Administrative Office
DEPARTMENT CONTACT PERSON: Pamela Davis 1858-0247
STATUS: Grant Acceptance
DATE: October 26, 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 (10118/2007)
Department of Human Resources:
Approved by HR. — Jennifer Mason (10/23/2007)
Risk Management and Safety:
Approved By Risk Management - Andrea Plotkowski (10126/2007)
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.
bttn://www.whitehouse.gov/omb/circulars/a087/a87 2004.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://wwvv.wbitehouse.gov/omb/circulars/a102/a 1 02.httril
• 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 iteho use. gov/orribk ircul ars/a133/a 133.html
Person Completing Budget (Signature) SCAO Finance: Approved By (Signature) Date Date
Court Name: Oakland County 6 th Circuit Court Family Focused Drug Court Contract Year: FY2008
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
2008 ODCP DIIS/R.1,1 Grant Child Care Fund Cash In Kind
A Personnel 40,000 $ $ 164,389 $ 22,312 $ 226,701
B Fringe Benefits $ 20,000 $ $ 5 80,630 $ $ 11,914 $ 112,544
C Contractual $ $ $ 50,000 $ 100,000 $ $ $ 150,000
1) Supplies/Operating $ $ $ $ 13,480 $ 6,000 $ $ 19,480
E Travel $ $ $ $ $ $ $
F Total Project Cost $ 60,000 $ $ 50,000 $ 358,499 S 6,000 S 34,226 $ 508,725 (by 1 uncitng Source)
Summary of Drug Court Funding
G MDCGP Award SCAO 60,000
ti Byrne Award --= Granted by: SCAO or ODCP (circle one)
Other Grant or Funding Sources (Identify: e.g., Child Care Fund, I3JA Discretionary Grant, etc.)
I. Child Care Fund (**** NOTE **** 50% of the Child Care Fund expenditures are paid by the county) 5 358 499 , _
2. DIISIBLI Grant 50,000
3.
, !meal Contributions
1. Cash (**** NOTE ***** 50% of the Child Care Fund expenditures are paid by the county and could be 6,000 considered cash match)
2. In Kind $ 34,226
$
Total All Funding Sources 508,725 ..
Print Name Contact Number SCAO Finance: Print Name Contact Number
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. (FTE)
Drug Court Probation Specialists: Conduct the daily activities of juvenile supervision. Other duties are outlined in the position
description. These positions are equivalent to Merit System Child Welfare Worker II. Personnel Committee Advisors recommended
this pay level to the Oakland County Board of Commissioners, from the County Executive's Fiscal Services Department.
Data Entry Clerk: Performs duties of a para-professional nature. They gather, organize and record data for project evaluation
activities and reports. They may assist in preparing written reports and assist with interviews and phone requests or information.
Clerk may accompany professional staff on assignments related to juvenile drug court.
B. Fringe Benefits: Benefits are paid according to the Oakland County Merit System. The rate for full time employees is estimated at
53.4% of the salary (9.8% part time).
C. Contractual: Treatment: Individual, group and family treatment is provided to drug court participants, with the assistance and
oversight of the Office ofSubstance Abuse Services,
D. Supplies and Operating: Incentives for participants in the program.
E. Travel and MADCP Conference:
Page 2
BUDGET DETAIL WORKSHEET
A. Personnel
Other Grant Contributions MDCGP Byrne Award Other Grant Computation or Funding Total Nam n e/Positio Award SCAO-OBCP or Funding (Hours/Rate) Child Care SCAO (circle one) Cash in Kind Fund
Corene Munro, 40 hours at$ 12,760 $ 48,907 61,667 $29.64/hour Coordinator
40 Jackie H hours atowes-Evanson, $ 12.760 $ 50,731 63,491 $30,52/hour ,
Probation Officer I
Megan Wentz, Probation 40 hours at$ 12 760 ' $ 50,731 63,491 $30.52/hour '
Officer
Candace Serena, Data 20 hours at 1,720 $ $ 14,020 15,740 $15.74/hour Entry Clerk
4 hours at $ $ 8,894 8,894 Ian Simons, Prosecutor $42.76/hour —
Edward Sosnick, Circuit 4 Court Judge (County hours at $ 3,355 3,355
$ 16.13/hour portion only)
Marty Alvin, Juvenile 4 hours at $ 10,063 5 10,063
Court Referee j $48.38/hour
Personnel Total $ 40,000 $ $ 164,389 $ 22,312 226,701
B. Fringe Benefits
[1 Employer FICA _ 7.65_% [ 1 Retirement _27.532/0 [ J Hospital insurance _14.24 % [ ] Dental insurance 1A9 %
[ ] Vision insurance 0.17 °A [ }Unemployment insurance 0.2Q% [1 Workers' Compensation _1.272/0 [ ] Life insurance 0.40__%
[ ] Other _ Disability_ 0.45 % [ ] Other _
Composite Rate 53.40%
Page 3
Total Personnel and Fringe Benefits $ 60,000 $ 245,019 $ 34,226 $ 339,245
MDCGP Byrne Award Other Grant Other Grant Contributions
Award SCAO-ODCP or Funding or Funding Total
SCAO (circle one) CCF Cash In Kind
Fringe Benefit Total 20,000 $ 80,630 $ 11,914 $ 112,544
Page 4
C. Contractual
Unit Cost of MDCGP Byrne Award Other Grant Other Grant Contributions
Name of Contractor Service & Award SCAO-ODCP or Funding or Funding ' # of Units SCAO (circle one) DIIS/I3J1 Cash In Kind fotalCCF , Grant
Contractor
Jail Alternative of Michigan
(JAMS) $ $ $ $ 10,000 $ $ $ 10,000
Services to be Provided
To provide drug testing services for participants ($10/test kit).
Contractor
Office of Substance Abuse
Services (OSAS) $ 1 $ 1 $ $ 40,000 $ 100,000 $ $ $ 140,000
Services to be Provided
Individual, group, and family therapy provided to drug court participants by various agencies, with the assistance and oversight of the Office of
1 Substance Abuse Services. Group sessions are $18/day or $27/day. Individual sessions arc $63/day.
Contractor $ $ $ $ $ $ $ $
Services to be Provided
Contractor $ $ $ $ $ $ I $
Services to be Provided
Contractor $ $ $ $ $ $ $ $
Services to be Provided
1
Total Contractual $ , $ $ $ 50,000 $ 100,000 $ $ . $ 150,000
Page 5
D. Supplies/Operating
Unit Cost of MDCGP Byrne Award Other Grant Other Grant Contributions
Item & Award SCAO-ODCP or Funding or Funding Total
Item # of Units SCAO (circle one) CCF Cash In Kind
, L
Incentives $ $ $ $ $ 6,000 $ $ $ 6,000
Graduation supplies $ $ $ $ $ 3,480 $ $ $ 3,480
Drug Test Kits $ $ $ $ $ 4,000 S $ $ 4,000 , , 1 ,
$ $ $ $ $ $ $ $
‘
Defense Attorney Fees $ $ $ $ $ $ 6,000 $ $ 6,000
$ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ _
$ _ $ $ $ $ $ $ $
Total Supplies/Operating $ $ $ $ $ 13,480 $ 6,000 $ $ 19,480
E. Travel (mileage for participant purposes and/or MADCP registration)
MDCGP By rne 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 6
MICHIGAN SUPREME COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN DRUG COURT GRANT PROGRAM
2008
GRANT CONTRACT
6th Circuit Court - Juvenile Drug Court
Contractor
38-6004876
Federal ID Number
SCAO-2008-009
SCAO Contract Number
$60,000
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 DOS
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 Don-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 Fromm — FY 2005 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 arc 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 2005 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 2()OS 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 2008 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 thc 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
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 finding, 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 — fl 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 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.
17. Reirnbursetnent
A. Reimbursement from SCAO is based on the understanding that SC.A0 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 20118 10
(EFT)/Direct Deposits. Registration information is available through the
Department of Management and Budget's website at:
http://www.cpexpress.state.inius .
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 carry out the terms and conditions of this contract,
Michigan Drug Court Grant Program - FY 2008 I 1
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) Date
Chief Judge (Signature) Date
Michigan Drug Court Grant Program — FY 2008 12
FISCAL NOTE (MISC. 107266) November 29, 2007
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: CIRCUIT COURT/FAMILY DIVISION - 2008 MICHIGAN DRUG COURT CONTINUATION
(SCAO) JUVENILE DRUG COURT GRANT ACCEPTANCE
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Circuit Court has received a grant from the State Court
Administrators Office (SCA0), Michigan Drug Court Program, for
the period of October 1, 2007 through September 30, 2008 in the
amount of $60,000.
2. Total program funding of $508,725 is derived from the following
sources:
- SCAO grant fund (427140) award of $60,000.
- General Fund cash match of $6,000 in departmental
budget Transfer Out.
- General Fund (in-kind) support of $34,226 for
personnel costs associated with the Judges and
Prosecutors.
- Child Care Fund (CCF) (420293) support of $358,500
for position cost and controllable operating cost.
- Department of Human Services/Bureau of Juvenile
Justice grant (DHS/BJJ) fund (427170) (in-kind) grant
funding support of $50,000 for contractual services
for drug testing and therapy.
3. Grant Match of $179,250 is available in General Fund Non-
Departmental Grant Match account as a 50% match requirement for
Child Care funding.
4. There are four (4) positions established to support this program
that are proportionately funded as 20% by the SCAO grant and 80%
by Child Care funds at a total cost of $305,019 identified as
follows:
One (1) (FTE) full-time eligible special revenue
Community Service Coordinator position (3010402-
09712) within the SCAO Family Division Drug Court, to
provide program coordination and supervision.
Position (3010402-09711) (1) FTE Youth and Family
Caseworker II.
- Positions (3010402-09835) (1) FTE Youth and Family
Caseworker II.
- Position (3010402-09836) (1) PTNE Technical Aide.
5.
The total program cost of $508,725 by cost category is as
follows:
- Personnel costs of $339,245.
- Professional Services of $150,000.
- Laboratory and Drug Testing Supplies of $19,480.
6. In addition to the contributed County match funds, the County is
expected to incur administrative and support costs of $28,062 for
2008, which has been included in the FY 2008 budget. This grant
does not allow for recovery of indirect cost.
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.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter and Woodward absent.
Transfer In
Grant Match
Grants-State
($338,499)
(6,000)
(20,000)
($364_,489)
8. An amendment to the FY 2008 budget is recommended to accept the
continuation funding from SCAO; and to amend the adopted General
Fund, and Child Care Fund budgets as follows:
Child Care Fund 20293 FY 2008
Circuit Court/Family Division
Revenues
9010101-121200-615359 Child Care Subsidy $179,250
9090101-121200-695500-10100 Transfer-In from GF 179,250
$358,500
Expenditures
3010402-121200-702010 Salaries $164,390
3010402-121200-722740 Fringe Benefits 80,630
3010402-121200-731458 Professional Services 100,000
3010402-121200-750280 Lab. Supplies 13,480
$358,500
General Fund-10100
Non-Dept'l/Cir. Ct.-Family Div.
Expenditures
9090101-121200-730800 Grant Match ($179,250)
3010301-121200-788001-20293 Transf-Out to CCF 179,250
Special Revenue Fund #27140 - SCAO Grant
Project #GR0000000236 Activity A, Analysis Type GLB
Revenues
3010402-121200-695500
3010402-121200-620467
3010402-121200-615571
Expenditures
3010402-121200-702010
3010402-121200-722740
3010402-121200-722750
3010402-121200-722760
3010402-121200-722770
3010402-121200-722780
3010402-121200-722790
3010402-121200-722800
3010402-121200-722810
3010402-121200-722820
3010402-121200-722850
3010402-121200-731458
3010402-121200-722740
Salaries ($161,053)
Fringe Benefits 20,000
Fringes - Wkr Comp (741)
Fringes - Grp Life (523)
Fringes - Retirement (57,286)
Fringes - Hosp (23,777)
Fringes - Soc Sec (15,381)
Fringes - Dental (1,954)
Fringes - Disability (796)
Fringes - Unemploy Insur (403)
Fringes - Optical (262)
Professional Services(107,055)
Office Supplies (15,268)
($384,499)
FINANCE COMMITTEE
on, County Clerk
Resolution #07266 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).
(7Th /
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.