HomeMy WebLinkAboutResolutions - 2009.11.12 - 9899November 12, 2009
MISCELLANEOUS RESOLUTION 109271
BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON
IN RE: 52-1 DISTRICT COURT - FY 2010 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 52 District Court, Division : (Novi) applied for a grant
with the State Court Administrative Office (SCA01, Michigan Drug Court Grant
Program effective October 1, 2009 through September 30, 2010; and
WHEREAS the application requested total program funding in the amount
of $86,540 cf which $BC,510 was awarded, consisting of $4,200 in grant
funding from SCAO, plus $76,310 in-kind support from the general fund, with
no required cash match; and
WHEREAS this is the ninth year of grant funding.
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 jail days ordered; and
WHEREAS this grant no longer funds any positions, the in-kind support
is currently budgeted in the general fund; and
WHEREAS this grant award of $4,200 funds Ignition Interlock
installation and travel expenses; and
WHEREAS the grant agreement has been processed through the County
Executive Contract Review Process.
NOW THEREFORE BE :7 RESOLVED that the Oakland County Board of
Commissioners accepts the Michigan Drug Court Grant (MDCGP)/State Court
Administrative Office.
BE I7 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-t) percent
variance from the award, consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant is conditioned
upon continued interpretation of the contract consistent with the
February 6, 2031, letter from the Michigan Supreme Court, State Court
Administrative Office, providing that assurance #3 of that year's 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 17 FURTHER RESOLVED that continuation of this grant program is
contingent upon continuation of State funding,
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate
the County to any future commitment.
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 roll call vote with McGillivray absent
GRANT REVIEW SIGN OFF — 5211 District Court
GRANT NAME: FY 2010 Sobriety Court
FUNDING AGENCY: 'State Court Adrainisizative OfBee of Michigan
DEPARTMENT CONTACT PERSON: Patricia Crane 248-305-6453
STATUS: Grant Acceptance
DATE: November 2, 2009
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 agreementicoutract, Finance Committee
Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be
place 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 (10/0009)
Department of !Inman Resources:
Approved. — Cathy Shallal (10/6/2009)
Risk Management and Safety:
Approved per modified contract. — Andrea Plotkowski (10/29/2009)
Corporation Comae]:
After reviewing this grant contract, as modified by SCAO at our request, there appear to he no
unresolved legal issues that require action at this time. — Karen Agacittski (10/2812009)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a
list of the specifically cited compliance related docutaents for this grant.
2004 PA 224 (Drug Court Legislation)
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04-0-0996
Drug Treatment Courts: The Ten Key Components
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Federal Health Insurance Portability and Accountability Act of 19% (IIIPAA, Title II)
httinfiwww.oms bl.v.govrEEPAAGeninfoiDownloadsilIIPAAlawdetail,oef
Department of Health and flutuan Services Confidentiality of Alcohol and Drug Ainise Patient
Records (42 CFR Part 2)
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MICHIGAN SUPREME COURT
STATE COURT ADMINISTRATIVE OFFICE
MICHIGAN DRUG COURT GRANT PROGRAM
2010
GRANT CONTRACT
52-1 District Court - DWI
Grantee
38-6004876
Federal ID Number
SCAO-2010-043
SCAO Contract Number
$4,200
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,
2009 PA , effective , provides &tiding for the Michigan Drug Court
Grant Program (MDCGP) for FY 2010. This program is administered by the State Court
Administrative Office (SCA0). The purpose of the MDCGP is to provide funding assistance to
operational drug treatment courts and drug treatment courts in the planning stage. The grant
agreement is designated as a subrecipient relationship.
Funds from the MDCGP are awarded based upon the Grantee'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.
C. The Grantee shall comply with all applicable federal, state and local laws, rules,
and regulations.
D. The Grantee 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 Grantee refers participants to, or provides, a non-
federally funded program or service that incorporates such religious activities: (I)
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 Grantee 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 Grantee may enter into in furtherance of its obligations under this
contract, The Grantee shall provide copies of all subcontracts for services funded in
whole or in part by this grant to the SCAO and shall be responsible for the performance
of any subcontractor.
7. Human Subjects
The Grantee 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.
Ntictuitara Drug Court Gran: Program — FY 2010 3
C. The Grantee must use the protected data and information only for the purposes of
this contract.
D. The Grantee must have written policies and procedures addressing the use of
protected data and information that falls under the H1PAA and/or 42 CFR Part 2
requirements. The policies and procedures must meet all applicable federal and
state requirements including 1-11PAA and 42 CFR Part 2 regulations. These
policies and procedures must include restricting access to the protected data and
information by the Grantee's employees.
E. The Grantee must have a policy and procedure to report to SCAO unauthorized
use or disclosure of protected data and information that falls under the H1PAA
and/or 42 CFR Part 2 requirements of which the Grantee becomes aware.
F. Failure to comply with any of these contractual requirements may result in the
termination of this contract in accordance with section N.
G. in accordance with HIPAA and/or 42 CFR Part 2 requirements, the Grantee is
liable for any claim, loss, or damage relating to unauthorized use or disclosure of
protected data and information received by the Grantee from SCAO or any other
source.
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 bc the
agents or employees of the other party for any purpose.
B. The Grantee understands and agrees that all persons furnishing services pursuant
to this contract are, for purposes of workers compensation liability or other
actions of empioyee-related liability, not employees of SCAO or the Michigan
michipo Drdg Con Grant Program -FY OO
B. The Grantee 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 anclior budget amendment,
C, The Grantee 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 Grantee shall retain ail 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 Grantee's cost. Federal and/or
state auditors, and any persons duly authorized by SCAO, shall have full 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 Grantee. SCAO may adjust future or final
payments if the findings of the audit indicate over- or under-payment to the
Grantee for the period audited, subject to the availability of funds for such
purposes. If an audit discloses an overpayment to the Grantee, the Grantee shall
immediately refund all amounts that may be due SCAO. Failure of the Grantee 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.
Minim Drug Court ciritnt Program - FY 2010 7
B. Prozress 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 quarterly to SCAO a DCCMIS Data Validation and DCCMIS Data
Exception Report :
Data Validation Report: The number of admissions, discharges,
and open cases for the quarter.
2. Data Exception Report: SCAO will provide to each court_ a list of
cases in which data is either missing or appears to be incorrect.
The court must review each case and correct the entry or advise
SCAO of the reason(s) for the missing data or why the data
submitted appears incor.rect.
These reports will be due February 15, May 15, August 15, and November 15.
Should a Grantee awarded funds for planning purposes become operational during
the contract period, the Grantee will be responsible for submitting the appropriate
Data Validation and Data Exception Report for the quarter immediately following
program implementation and for all subsequent quarters as required above for
courts receiving operational funding.
D. Reporting Compliance: The Grantee is responsible for the timeiy submission of
each required report as outlined in sections A, B, and C above. If any report is
Michigan Drug Cour: Grant Program FY 2010
• 4
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 Grantee 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
Grantee to demonstrate compliance. Notification of a funding hold or termination wrifl 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,
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 it the Grantee or an official of the
Grantee 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.
MIL.:nigan Drug Court Grmt Progrum - ry 2o o II
- FAX NO, P. 01 OCT-23-200 FRI 08:24 An
Michigan Supreme Court
State Court Administrative Offirm
Michigan Hall of Iustios
P,O. Btos 30048
Lansidg, Michigun 48909
Phone 15]7) 373-0128
Dawn A. Moak
Deputy stata Court Adrainiarator
September 9, 2009
Honorable William E. Bolle
Chief Judge
52nd Di3trict Court
520 W. Big Beaver Road
Troy, MI 43084
RE: FY 2010 Ivlichigan Drug Court Grant Program Award
52-1 District Court - DWI Drag Treatment Court
Dear Chief Judge Bolle:
We are pleased to inform you that your court is being awarded a want in the amount of $4,200 from the
vliclaigan Drug Court Grant Program (IVIDCGP) administered by the Slate Court Administrative Office
SCA0). The award is for the grant period October I, 2009, through September 30, 2010_ This award is
Knitingent upon SCA() fimding being approved for the 2010 fiscal year. These funds may only be used for
ervices to clients who are active participants as of September 30, 2009, and not for participants who are
do:tilted after October 1,2009.
Your MDCOP contract will be sent to the project contact pen= identified on your grant app[ioation
he original signed contract, along with a revised budget based on your new FY 2010 award, should be returned
SCAO by 'November 14,. 2009,
Should you have any questions, please contact Gary Seem at 5174734854, Or by e-mail at
ecgr2grourts_nti.gov.
Sincerely,
Dawn A. Monk
Mr. Gay Secor
Ms. Deborah Cireen, Region 1 Administrator
Ms. Joyce A. Rentfrow, Court Administrator
- M5. Patricia Crane, Drug Court Project Director/Contact
UCT-23-20CS FRI Ce:24 FAX NO. P. 03
ics#4/"COoper
Prgecriting Attorney
MEMORANDUM OF AGREEMENT
BETWEEN THE 52/1 DISTRICT COURT, ONLY, AND
THE OAKLAND COUNTY PROSECUTOR'S OFFICE
TI-US AGREEMENT, made this 3,0 447 day of 20::=1 , between
the 52/1 District Court SObriety Court, only, (hereinafter referred to as "Sobriety Court") and the
Oakia.nd County Prosecutor's Office (hereinafter referred to as "Prosecuting Attorney").
WHEREAS, the 5211 District Court has established a Sobriety Court which serves to
treat, monitor and sanction repeat drunk driving offencicrs;
NOW, THEREFORE, the parties agree as follows:
1. The Sobriety Court recognizes the staffing problems that exist as a result of the
severe budget cuts experienced in this County;
2. That Prosecuting Attorney shall provide a member of its staff on' those dates when
Sobriety Court is scheduled to take place to the best of their ability;
3. That a member of the Prosecuting Attorney's staff; on the aforementioned dates,
shall participate in Sobriety Court staffing sessions to the best of their ability,
4% That Prosecuting Attorney shall provide a mewl= of its staff at no expense to the
52/1 District Court or the 52/1 District Court Sobriety Court;
5, That this Agreement will run from the date of execution of said Agreement until
September 30, 2010,
The parties hereto, by signing below, acknowledge that they have read and understand
the above Memorandum of Agreement on the date first referenced above and further agree to be
bound by its terms.
Sobriety Court Representative
Name: 1 2 ."7-v;0‘0 ,
Public Defender
OC1-23-200g FRI 013:25 RIT .FfiX t415. 44 P. 05
MEMORA4NDUM OF AGREEMENT
BETWEEN 52-1 DISTRICT COURT AND PUBLIC DEFENDER
This agreement is made this ,?/. 21113.5Thetween the 52-1
DisTict Co),trt Sobriety Court fiiereinafter Sobriety Courr) and
(hereinafter "Public DefendQC).
WHEREAS, TIM 52-1 District Court has established a Sobriety Court, which shall erve
to treat. monitor and sanction repeat drunk driving offenders; and
WHEREAS, in order to have the Sobriety Court function properly and successfully, and
in accord with the Due Process provisions of the U.S. Constitution and the C01151itain
of the State of ;vtichigan, it is neceszary to employ Public Defender to serve as legal
counsel to participants admitted itito the Sobriety Cowl;
NOW', THEREFORE, in considerrition of the mutual promises contained therein, the
parties agree as follows:
1. That Public Defender, shall makc hirn5elfihmelf nvaible, or shall coordinate
schedules with other public defenders 5erving the Sobriety Court, on (hose Chits
when Sobriety Court is scheduled to take place;
2. That Public Defender, on the ialorL.:rnentioned days, shall counsel Sobriety Court
participant4 and participzuc in Sobriety Court staffing ses,sions;
3, That the 52-1 District Court 5hali compensate .13ab/ic Defender for the work
perforated by the 'Public Defender in furtherance of the aforementioned duties ..
To that end, the Public Defender .shall be compensated in accordance with the
payment system of the 52-1 District Court for court appointed counsel_
The parties heTero, by signing below, acl(nowlete that they have read understand
the abcve Memorandum of Agreement on the date first referenced above, and further,
.tg-tee to be bdund by its trrils
le:
.Sobriety Court representative
•.#
P. 07
ul
3CT-2'3 -2009 FRI C8f25
P.P.R-g`20T9 1ON eti.-2 -VM
FAX NO
FA NO,
Nam:
Treiatmen.r. Provider
Name:
Sobriety (.:..-uurt represemtive
N1415, fj94 (
MEMORANDUM. OF AGREEMENT
BET NY COURT AND
TREATMENT PROVIDER
This Agroement IS made this 'Al _ day of ark , 20(iChetweeti the 52-2
District Court Sob-Fiery Court (hereinafter "Salmi Court") and
(hereinafter 'Treat/rant ProvideJ
WEEEREAS, The 52-1 Dimiet Court bin decided to establish 4 Sanely Court,
vit.loir shalt serve to treat, monitor, rehabilitate, and penalize repeat cinlok driving
offenders: and
WHEREAS. io order to have tire Sobriety Court function properly and
sueressfaiiy, it is oczessary to me Treatment Provider to provide substance abuse
titan-nem to participants Mr/tilted into the Sobriety Court;
NOW, TifEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows!
1. That Treatment Provider 51341 provide treat:moot to participants adroitte4 into the
Sobriety Court;
2, That Treatment Provides may participate La Sobriety Cour? Staffing sessions;
3. That neither The 52-1 'District Court, nor the 52-i District Court Sobriety Coun,
be responsible for tha cost of services provided by Treatment Provider, Instead, the
parties understand zurf agrac that Sobriety Court participants shail be ECSpotaible for
paying for the Iteatnent Provider's serviceu. in the case of each individual Sobriety
Court participant. it le Ozticipated that payment of Treatment Provider's serviaeg shall
be made by 1) the individual Sobriety Court participant, 2) through any iosurance
policy of the Sobriety Coon participant which cover5 Tiestrucat Provider er/ices,
or 3) by aay entity which has agreed tO provide funding or government assistance to
the Sobriety CD1111 parlielFant_
The parties hereto, by signing below, aelmowiedge that they have read and understand the
above Memorandum of Agrooment oo the date fast refetenced iiiNVC, an further, agree to
be bound by its terms.
FISCAL NOTE (MISC. 109271) November 12, 2009
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: 52-1 DISTRICT COURT — FY 2010 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 52rd District Court, Division I (Novi) has received a grant from the State Court
Administrative Office (SCAO), Michigan Drug Court Program in the amount of $4,200 for
the period of October 1, 2009. through September 30, 2010.
2. The total program budget is for $80,510, which includes an award from SCAO of $4,200.
with $76,310 in General Fund in-kind support and no required County cash match.
3. This is the ninth year that the 52-1 Novi Drug Court has been awarded grant funding from
SCAO.
4. The award of $4,200 continues funding for the Ignition Interlock service of $3,450 and
travel of $750.
5. A budget amendment is recommended to the FY 2010 Special Revenue Fund to reflect
continued funding from the SCAO. 52-1 District Court Drug Court grant:
SCAO DRUG COURT 52-1 - FUND 27150
Project #GR0000000239 Activity A, Analysis Type GLB
Revenues
3020201-121050-615571 Grants — State
Expenditures
3020201-121050-732018
3020201-121050-750280
3020201-121050-731458
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
Travel and Conference
Lab. Supplies
Professional Services
FY 2010
1800)
$ (800)
$ 225
(4,475)
3,450
$18_0.01
Resolution #09271 November 12, 2009
Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Capello, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub,
Woodward, Zack, Bullard, Burns. (24)
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 IRE BY APPRI THE FOREGOING RESOLUTION
/6
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
12, 2009, 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 12th day of November, 2009.
Ruth Johnson, County Clerk