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HomeMy WebLinkAboutResolutions - 2021.10.13 - 34921• BOARD OF COMMISSIONERS October 13, 2021 MISCELLANEOUS RESOLUTION 921-395 Sponsored By: Kristen Nelson IN RE: FY 2022 MIDC Creation of Indigent Defense Services Office Chairperson and Members of the Board: WHEREAS the Michigan Indigent Defense Commission (MIDC) has awarded Oakland County grant funding in the amount of $5,799,650.39 for the period of October 1, 2021, through September 30, 2022; and WHEREAS the total program budget is $7,650,353.49, which includes the required local share contribution by Oakland County in the amount of $1,850,703.10; and WHEREAS the FY 2022 grant award is $462,976.19 more than the previous year's award; and WHEREAS the Michigan Indigent Defense Commission Act (MIDC Act). MCL 780.981, et al., requires local funding units to take over the delivery of indigent defense systems, MCL 780.983(g) and MCL 780.993(10) as specified in standards 1 — 5: and WHEREAS the MIDC Act requires Oakland County to create an annual compliance plan and cost analysis required to deliver indigent defense services in compliance with the approved MIDC standards, MCL 780.993(3); and WHEREAS the MIDC Act requires the MIDC to appropriate funds and provide grant monies to local funding units for the costs in excess of the local share to continue to provide indigent defense services that are in compliance with the minimum standards established by the MIDC, MCL 780.993(6); and WHEREAS the award provides funding to Oakland County for the purpose of continuing to bring indigent defense systems into compliance with the first four approved minimum indigent defense standards, MCL 780.993(6); and WHEREAS the award further provides funding to Oakland County for the purpose of creating an Indigent Defense Services Office to bring the County into compliance with MIDC Standard 5 and MCL 780.991(1)(a); and WHEREAS MIDC Standard 5 and MCL 780.991(1)(a) requires that the delivery of indigent defense services be independent of the judiciary; and WHEREAS Standard 5 requires that the qualifications, appointment and compensation for indigent defense counsel be independent of the judiciary; and WHEREAS Standard 5 requires that the evaluation, approval or denial of indigent defense attorney requests for experts and investigators be independent of the judiciary; and WHEREAS Oakland County is the local funding unit for the 6th Circuit Court and the four election division districts of the 52nd District Court where indigent defense services are required under the Sixth Amendment to the United States Constitution and Article 1 Sec. 20 of the Michigan Constitution; and WHEREAS it is proposed to create a new Indigent Defense Services Office under the County Executive Department titled the Indigent Defense Services Office to meet the requirements under Standard 5 and MCL 780.991(1)(a), which requires judicial independence; and WHEREAS it is proposed to transfer all adult indigent defense service positions of the Oakland Circuit Court and the four election division districts of the 52nd District Court to the Indigent Defense Services Office; and WHEREAS the grant award deletes one (1) FTE SR Corrections Deputy I position (#4030401-12226) due to decreased need identified via a time study conducted; and WHEREAS the grant award funds one (1) FTE SR Corrections Deputy I position (#4030301-12225) within the Sheriffs Office; and WHEREAS the grant award funds the following positions currently located within the Circuit Court: one (1) FTE SR Chief Attorney — Indigent Defense position (#3010101-12216), one (1) FTE SR Indigent Defense Administrative Supervisor position (#3010101-12217) and one (1) FTE SR Financial Services Technician II position (#3010301-12218); and WHEREAS the grant award funds four (4) FTE SR District Court Clerk positions (43020201-12219, 3020301- 12220, 93020401-12221, and #3020501-12222) currently located within each one of the 52nd District Courts; and WHEREAS the grant award funds two (2) FTE SR Community Correction Specialist 11 positions (#1070402- 12223 and 12224) within Community Corrections; and WHEREAS the grant award funds the creation of two (2) FTE SR Indigent Defense Clerk positions to be located within the new Indigent Defense Services Office, Indigent Defense Services Unit to assist with the additional clerical responsibilities that will result due to judicial independence, and WHEREAS it is proposed to reclassify five (5) positions to align their classification titles with judicial independence from the Circuit and District Court; and WHEREAS it is proposed to change the salary grade of the Indigent Defense Administrative Supervisor from UNl/119 to UNI/123 to accurately reflect the increased responsibilities the position has taken on due to judicial independence;and WHEREAS the grant agreement has completed the grant review process in accordance with the Board of Commissioners Grant Procedures, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2022 Michigan Indigent Defense Commission Grant Program from the Michigan Department of Licensing and Regulatory Affairs in the amount of $5,799,650.39 for the period of October 1, 2021, through September 30, 2022. BE 1T FURTHER RESOLVED to delete one (1) FTE SR Corrections Deputy I position (44030401-12226). BE IT FURTHER RESOLVED to continue one (1) FTE SR Correction Deputy I position (#4030301-12225) within the Sheriff's Office. BE IT FURTHER RESOLVED to continue the following positions currently located within the Circuit Court one (1) FTE SR Chief Attorney — Indigent Defense position (93010101-12216), one (1) FTE SR indigent Defense Administrative Supervisor position (93010101-12217) and one (1) FTE SR Financial Services Technician II position (#3010301-12218). BE IT FURTHER RESOLVED to continue four (4) FTE SR District Court Clerk positions (#3020201-12219, 3020301-12220, #3020401-12221, and #3020501-12222) currently located within each one of the 52nd District Courts. BE IT FURTHER RESOLVED to continue two (2) FTE SR Community Correction Specialist 11 positions (#1070402-12223 and 12224) within Community Corrections. BE IT FURTHER RESOLVED to create a new division titled Indigent Defense Services Office, within the County Executive Department. BE IT FURTHER RESOLVED to create the following new units within the County Executive Department, Indigent Defense Services Office Division: Administration Indigent Defense Services BE IT FURTHER RESOLVED to transfer the following positions to the County Executive Department, Indigent Defense Services Office Division, Administration Unit (1010701): From Department Position Number Classification Circuit Court 3010101-12216 Chief Attorney — Indigent Defense BE IT FURTHER RESOLVED to transfer the following positions to the County Executive Department, Indigent Defense Services Office Division, indigent Defense Services Unit (1010702): From Department Position Number Classification Circuit Court 3010101-12217 Indigent Defense Administrivia Supervisor Circuit Court 3010301-12218 Financial Services Technician 11 Circuit Court 3010301-07892 Court Appointment Specialist District Court 3020201-12219 District Court Clerk District Court 3020301-12220 District Court Clerk District Court 3020401-12221 District Court Clerk District Court 3020501-12222 District Court Clerk BE IT FURTHER RESOLVED to laterally reclassify the following positions: Position # 3010301-07892 3020201-12219 3020301-12220 3020401-12221 3020501-12222 From Court Appointment Specialist District Court Clerk District Court Clerk District Court Clerk District Court Clerk To Indigent Defense Appointment Specialist Indigent Defense Clerk Indigent Defense Clerk Indigent Defense Clerk Indigent Defense Clerk BE IT FURTHER RESOLVED to change the salary grade of the following classifications: Classification From Grade Indigent Defense Administrative Supervisor UN /119 To Grade UNT/123 BE IT FURTHER RESOLVED to create two (2) FTE SR Indigent Defense Clerk positions within the County Executive Department, Indigent Defense Services Office, Indigent Defense Services Unit. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant contract and that the Chairperson may approve any grant extensions or amendments, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED acceptance of this grant does not obligate the County to any fixture commitment and continuation of this program is contingent upon continued future levels of grant funding. BE 1T FURTHER RESOLVED the FY 2022 24 budgets are amended, per the attached Schedule A, to reflect grant funding in the amount of $5,799,650.39 from the Michigan Indigent Defense Commission (MIDC) and the required Oakland County local share contribution of $1,850,703.10 for a total program budget of $7,650,353.49. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson. Date: October 13, 2021 David Woodward, Commissioner 4wo�vy a vVY�pDate. October 14, 2021 Hilarie Chambers, Deputy County Executive II I DateOctober 15, 2021 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2021-10-05 Legislative Affairs & Government Operations - recommend and forward to Finance 2021-10-06 Finance - recommend to Board 2021-10-13 Full Board VOTE TRACKING Motioned by Commissioner Gary McGillivray seconded by Commissioner Christine Long to adopt the attached Grant Acceptance: FY 2022 MIDC Creation of Indigent Defense Services Office. Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, 'Thomas Kuhn, Charles Moss, Marcia Gershenson, Adam L. Kochenderfer, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Iloffman G9) No: None (0) Abstain: None (0) Absent: Commissioner Miller III, Commissioner Gingell (2) The Motion Passed. ATTACHMENTS 1. GRANT SIGN OFF - MIDC FY22 Accept 2. Schedule A - MIDC FY22 RevExp For Entry 9-29-2021 FINAL 3. FY2022 Grant Acceptance Packet_ Redacted 4. MIDC FY2022 Grant Acceptance HR Write Up STATE OF MICIIIGAN) COiJNTY OF OAKLAND) 1, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 13, 2021, 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 Circuit Court at Pontiac, Michigan on Friday, October 13, 2021. G Lisa Brown, Oakland County Clerk/Register of Deeds GRANT REVIEW SIGN -OFF - CORPORATION COUNSEL GRANT NAME: Oakland County FY2022 MIDC Grant Contract FUNDING AGENCY: Michigan Department of Licensing and Regulatory Affairs (LARA) and the Michigan Indigent Defense Commission (MIDC) DEPARTMENT CONTACT: Mary Aim Jerge / (248) 858-0551 STATUS: Acceptance (Greater than $10,000) DATE: 09/17/21 Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. You may now obtain the Board Chair's signature for submittal of the application. The grant application package (which should include this sign -off and the grant application with related documentation) as well as the Report from Fiscal Services to the Board Chairperson may be submitted to the Board of Commissioners for placement on the agenda(s) of the appropriate Board of Commissioners' committee(s). DEPARTMENT REVIEW Management and Budget: Approved by M & B - Lynn Sonkiss (9/ 17/2021). The draft resolution needs to remove the extra dollar in the last RESOLVE. Also, 1 suggest that the last RESOLVE also spell out the grant funding and the required match in order to get to the total program dollars. 1 wasn't on the original email and so I am just replying to this email. The title of the on the review should be "acceptance" and not "application". The resolution correctly notes that it is an acceptance. Human Resources: This is approved by Human Resources. Due to the position implications, this will require HR action. Ilailey is working on the HR write up and will get it to Mary Ann to include in the packet. - Heather Mason (9/8/2 1 ) Risk Management: Application approved by Risk Management. - R.E. (09/9/21) Corporation Counsel: APPROVAL by Corporation Counsel. 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III! 1 HIM VON! �}� !o !f Rio n \ SCHEDULE A - CORPORATION COUNSEL FY 2022 MICHIGAN INDIGENT DEFENSE COMMISSION GRANT PROGRAM ACCEPTANCE & CREATION OF INDIGENT DEFENSE SERVICES OFFICE Beginning Balance Amendment Amended Fund 1'Y2022- FY3023- FY3033- Fund Oescr Di Des, Program Descr Account Aftlllete Descr Pfnlecta OU Descr Fli FY2024 FY2024 Genera'Fbttl _ n[110, E �oe'itllN r¢S '.".:0.". 3eners 909C 101 NO3 Oeoe "96030 lJo n-Gtivem nental 'J CeRti¢ns 730P 00 Grerefer ut Tansler 21LOwI SFafe IDncuif - 11 E50 701001 ii 650 703 0^\ E eoen tlfves 10'30 Ga�eral ?0103u1 � reun Coun Lrv, C'Inllna 12:1]0 Ind eent Defense 790001 10260 Co�n`.03E0 1 B50 ]33 OJ i B50 ]0300 Total is—r Lli 5500500i1 I (5.009 OOit 35031 COil I3r u31 OD 55 005 00 1 5S DOs 0n 35 031 00 I 35 031 00 f l GRANT NO 2022-125 GRANT BETWEEN THE STATE OF MICHIGAN MICHIGAN INDIGENT DEFENSE COMMISSION (MIDC) DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS (LARA) AND Oakland County GRANTEE/ADDRESS: Name: David T. Woodward Title: Chair, Board of County Commissioners Address: 1200 N. Telegraph Rd., Pontiac, MI 48341 Phone: (248)858-0100 GRANTOR/ADDRESS: Michigan Indigent Defense Commission Department of Licensing and Regulatory Affairs 611 W. Ottawa St. Lansing, MI 48933 (517)657-3060 GRANT PERIOD: From: 10/01/2021 to 09/30/2022 TOTAL AUTHORIZED BUDGET: $7,650,353.49 State Grant Contribution. $5,799,650.39 Local Share Contribution: $1,850,703.10 ACCOUNTING DETAIL: SIGMA Vendor Code: CV0048080 Accounting Template No.: 6411113TO32 Contract # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FY 2022, Date. 08/2012021 Page1 of 12 GRANT This is Grant # 2022-125 between the Michigan Indigent Defense Commission (Grantor), and Oakland County (Grantee), subject to terms and conditions of this grant agreement (Agreement). 1.0 Statement of Purpose The purpose of this Grant is to provide funding to assist the Grantee (also referred to as local funding unit) to comply with the Compliance Plan and Cost Analysis approved by the MIDC for the provision of indigent criminal defense services through the minimum standards approved by LARA on May 22, 2017 and October 29, 2020, and the process described in the Michigan Indigent Defense Commission Act (MIDC Act). The funding for this grant is contingent upon an appropriation by the Legislature that is signed by the Governor. Consistent with the MIDC Act, in the event that the funds appropriated apply to less than all of the minimum standards, the funding unit will not be required to fully comply with all of the minimum standards. In the event that an appropriation is insufficient to fully fund this grant, the amount of the grant will be reduced by the Grantor and the funding unit will not be required to fully comply with the minimum standards the original approved grant was designed to allow. 1.1 Definitions A. Budget means the detailed statement of estimated costs approved as the Grantee's Cost Analysis and required to implement the Compliance Plan. B. Budget Category means the aggregate of all funds in each of the high-level categories within the approved Cost Analysis. C. Compliance Plan or Plan is the plan submitted by the local funding unit and approved by the MIDC that specifically addresses how the Grantee shall meet the approved minimum standards established by the MIDC. D. Cost Analysis is a statement of the types of expenditures and funding necessary to bring Grantee's indigent defense system into compliance with the approved minimum standards established by the MIDC, including a statement of the funds in excess of the Grantee's local share as defined under the MIDC Act and as outlined in the Compliance Plan. E. MIDC Act means the Michigan Indigent Defense Commission Act, Public Act 93 of 2013, MCL 780.991 et seq., as amended, enacted for the purpose of creating the Michigan Indigent Defense Commission and creating minimum standards for the local delivery of indigent criminal defense services that meet the constitutional requirements for the effective assistance of counsel. F. Subgrantee means a governmental agency or other legal entity to which an MIDC subgrant is awarded by the Grantee. Attorneys representing indigent defendants, including both public defenders and attorneys contracted to represent indigent defendants, public defender office employees, judges, magistrates, court personnel, and professional service contract vendors shall not be considered subgrantees. G. "Substantial Change" to a Compliance Plan is a change to the Plan or Cost Analysis that alters the method of meeting the objectives of the standard(s) in the approved Plan. Contract # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FY 2022, Date 08/20/2021 Page: 2 of 12 1.2 Statement of Work The Grantee agrees to undertake, perform, and complete the services described in its approved Compliance Plan and in accordance with the MIDC Act, specifically Standards 1 through 5. The Parties to this Agreement enter into this Agreement to facilitate the process described in the MIDC Act, which controls or supersedes any terms of this Agreement. Consistent with the Act and when applicable, an indigent criminal defense system shall comply with the terms of this Agreement in bringing its system into compliance with the minimum standards established by the MIDC within 180 days after receiving funds from the MIDC. Grantee may exceed 180 days for compliance with a specific item needed to meet minimum standards as set forth in the Act. Grantee's Compliance Plan, as submitted and approved by the MIDC, addresses the prescribed methods Grantee has chosen to provide indigent criminal defense services pursuant to MCL 780.993(3). Any substantial changes to the work described In the Compliance Plan must be submitted to the MIDC for approval as set forth in this Agreement prior to any changes being implemented. All provisions and requirements of this Agreement shall apply to any agreements the Grantee may enter into in furtherance of its obligations under this Agreement and Grantee shall be responsible for the performance of any Subgrantee work, as defined in subsection1.1. 1.3 Detailed Budget A. This Agreement does not commit the State of Michigan (State) or the Department of Licensing and Regulatory Affairs (LARA) to approve requests for additional funds at any time. B. If applicable, travel expenses will not be reimbursed at rates greater than the State Travel Rates, without the prior written consent of the MIDC. C. The Grantee agrees that all funds are to be spent as detailed in the Budget, unless a budget adjustment request is approved. See section 1.3(E). D. Grantee will maintain a restricted fund within their Local Chart of Accounts for the sole purpose of accounting for the expenses and revenue sources for operation of this grant and the local adult indigent defense system. E. All requests for a budget adjustment or substantial changes to the Grantee's Compliance Plan will be submitted quarterly with the Grantee's quarterly report. MIDC staff shall respond to a request in writing within 30 days of receipt. 1) Budget adjustments less than or equal to 5% of the Budget Category total, including adjustments between Budget Categories, do not require approval by MIDC staff, but must be reported quarterly in the next financial status report. 2) A Budget adjustment involving greater than 5% of the aggregate of all funding within a Budget Category requires prior written approval by MIDC Staff and must be reported to the MIDC as soon after the Grantee is aware of the necessity of the Budget adjustment and reported in the Grantee's quarterly report. 3) Any substantial change to a Compliance Plan requires prior approval by MIDC staff and MIDC Commission. Contract# 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FV 2022, Date 08/2012021 Page: 3 of 12 1.4 Payment Schedule The maximum amount of grant assistance approved is $5,799,650.39 ( Five Million Seven Hundred Ninety Nine Thousand Six Hundred Fifty and 39/100) Grantee must report and certify to Grantor by October 31st of each year the balance of any unexpended indigent defense grant funds from the prior fiscal year grant plus any interest earned on the advancement of the state grant funds in the previous fiscal year. Any funds from the previous fiscal year contained in an approved extension of the previous fiscal year's grant for projects that will be completed after September 30, 2021 will be carried over into the current fiscal year and shall not be considered unexpended funds, nor be included in the balance of unexpended funds. The current fiscal year indigent defense grant funds advanced will be reduced by the amount of unexpended funds from the prior fiscal year's grant by reducing the 2nd and 3rd disbursement equally. The maximum amount of grant assistance approved includes the unexpended funds reported from the previous fiscal year. An initial advance of 25% of the State Grant shall be made to the Grantee upon receipt by the Grantor of a signed Agreement. The Grantor shall make subsequent disbursements of up to 25% of the total state grant amount in accordance with the following schedule: Initial Advance of 25% of total grant — Within 15 days of receipt of executed agreement 25% disbursement —January 15, 2022 25% disbursement —April 15, 2022 25% disbursement — July 15, 2022 (final payment) The above schedule of disbursement of funds is contingent upon receipt of quarterly reporting as addressed in this section and section 1.5 of this document. Any disputed matters shall not cause delay in remitting any disbursements or in issuing a grant contract and funds for the next fiscal year. Disputed matters shall be acted on independently from undisputed matters. The financial status report (FSR) report must be submitted on the form provided by the MIDC/LARA and indicate: Grant funds received to date, Expenditures for the reporting period by budget category; and; Cumulative expenditures to date by budget category, The quarterly FSR must be supported and accompanied by documentation of those grant funded expenditures incurred for the reporting period, including but not limited to: The general ledger for the restricted local indigent defense fund, including a detailed expenditure report with all expenditure detail within the budget categories, which must include documentation of payments to contract attorneys either by individual invoice or by report of payments made, by attorney; Contract,t 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - PY 2022, Date 0812012021 Page: 4 of 12 All invoices related to experts and investigators; All invoices related to construction, and Personnel detail including full-time equivalency of any grant funded positions, including total compensation for that position; Upon request, Grantee shall provide the MIDC with additional documentation/verification of expenditures under the grant within 30 days of the making of the request. Any additional documentation/verification of expenditures shall not delay issuance of a grant contract or grant disbursements. Grantee's documentation of expenditures shall be maintained according to record retention policies for audit purposes in order to comply with this Agreement. Grantee will be held to the full contribution of the Local Share within the original one-year grant period. The quarterly FSR and standards compliance report as addressed in Section 1.5, shall be provided in accordance with the following schedule: Initial FSR and compliance report for 10/l/21-12/31/21 —January 31, 2022 2nd FSR and compliance report for 111/22-3/31/22 — April 30, 2022 3rd FSR and compliance report for 4/l/22-6/30/22 — July 31, 2022 Final FSR and compliance report for 7/l/22-9/30/22 — October 31,2022 1.5 Monitoring and Reporting Program Performance A. Monitoring. The Grantee shall monitor performance to assure that time schedules are being met and projected work is being accomplished. B. Quarterly Reports. The Grantee shall submit to the Grantor quarterly program reports on compliance with the minimum standards and participate in follow up and evaluation activities. Compliance reports include narrative responses containing a description of the Grantee's compliance with Standards 1-5, identifying problems or delays, actual, real or anticipated and any significant deviation from the approved Compliance Plan. Grantee will use its best efforts to provide data relevant to assessing compliance as contained in the compliance reporting template requested by MIDC. If Grantee is unable to provide the information requested by the report, Grantee will demonstrate in writing the steps taken to assess what information is currently available and how to retrieve it. Grantee also agrees to work with MIDC research staff to seek additional options or ideas for the collection and retrieval of this information. Contract # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FV 2022, Date: 08/20/2021 Page: 5 of 12 PART II - GENERAL PROVISIONS 2.1 Project Changes Grantee must obtain prior written approval for substantial changes to the compliance plan from Grantor. 2.2 Delegation Grantee must notify the MIDC at least 90 calendar days before any proposed delegation with reasonable detail about Subgrantee and the nature and scope of the activities delegated. If any obligations under this Grant are delegated, Grantee must: (a) be the sole point of contact regarding all contractual project matters, including payment and charges for all Grant activities; (b) make all payments to the Subgrantee; and (c) incorporate the terms and conditions contained in this Grant in any subgrant with Subgrantee. Grantee remains responsible for the completion of the Grant activities and compliance with the terms of this Grant. 2.3 Program Income To the extent that it can be determined that interest was earned on advances of funds, such interest shall be recorded in the Grantee's restricted indigent defense fund and included in the quarterly FSRs. The grant award shall not be increased by the amount of interest earned. Any grant funds attributable to interest and not spent at the end of the grant period shall be returned to the State or included in future grant awards from the MIDC consistent with MCL 780.993(15). 2.4 Share -in -savings Grantor expects to share in any cost savings realized by Grantee in proportion of the grant funds to the local share. 2.5 Purchase of Equipment The purchase of equipment must be made pursuant to Grantee's established purchasing policy and if not specifically listed in the Budget, Grantee must have prior written approval of Grantor. Equipment is defined as non -expendable personal property having a useful life of more than one year. Such equipment shall be retained by Grantee unless otherwise specified at the time of approval. 2.6 Accounting Grantee must establish and maintain a restricted indigent defense fund in its local chart of accounts to record all transactions related to the Grant. The restricted fund will not lapse to the local general fund at the close of Grantee's fiscal year. Grantee shall adhere to the Generally Accepted Accounting Principles and shall maintain records which will allow, at a minimum, for the comparison of actual outlays with budgeted amounts. Grantee's overall financial management system must ensure effective control over and accountability for all indigent defense funds received. Where the Grantee uses a nonprofit entity to provide indigent defense services as contemplated in its compliance plan and cost analysis, the Grantee shall ensure that the contract or agreement defining the nonprofit entities relationship allows for reasonable access, in its sole discretion, to financial records for monitoring by the Grantee and its representatives. Accounting records must be supported by source documentation of expenditures including, but not limited to, balance sheets, general Contract# 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FY 2022, Date 08/20/2021 Page: 6 of 12 ledgers, payroll documents, time sheets and invoices. The expenditure of state funds shall be reported by line item and compared to the Budget. 2.7 Records Maintenance, Inspection, Examination, and Audit Grantor or its designee may audit Grantee and the restricted indigent defense fund account to verify compliance with this Grant. Grantee must retain and provide to Grantor or its designee upon request, all financial and accounting records related to the Grant through the term of the Grant and for 7 years after the latter of termination, expiration, or final payment under this Grant or any extension ("Audit Period"). If an audit, litigation, or other action involving the records is initiated before the end of the Audit Period, Grantee must retain the records until all issues are resolved. Within 10 calendar days of providing notice, Grantor and its authorized representatives or designees have the right to enter and inspect Grantee's premises or any other places where Grant activities are being performed, and examine, copy, and audit all records related to this Grant. Grantee must cooperate and provide reasonable assistance. If any financial errors have occurred, the amount in error must be reflected as a credit or debit on subsequent disbursements until the amount is paid or refunded. Any remaining balance must be reported by Grantee to Grantor by October 31 of each year as required under the MIDC Act. This Section applies to Grantee, any parent, affiliate, or subsidiary organization of Grantee, and any subgrantee that performs Grant activities in connection with this Grant. 2.8 Competitive Bidding Grantee agrees that all procurement transactions involving the use of state funds shall be conducted in a manner that provides maximum open and free competition, consistent with Grantee's purchasing policies. Sole source contracts should be negotiated to the extent that such negotiation is possible. Attorney contracts for representation of indigent or partially indigent defendants, and contracts for managed assigned counsel coordinators, are exempt from a competitive bid process but must meet standard internal procurement policies, as applicable. 3.0 Liability The State is not liable for any costs incurred by Grantee before the start date or after the end date of this Agreement. Liability of the State is limited to the terms and conditions of this Agreement and the total grant amount. 3.1 Safety Grantee and all subgrantees are responsible for ensuring that all precautions are exercised at all times for the protection of persons and property. Safety provisions of all Applicable Laws and building and construction codes shall be observed. Grantee and every subgrantee are responsible for compliance with all federal, state, and local laws and regulations in any manner affecting the work or performance of this Agreement and shall at all times carefully observe and comply with all rules, ordinances, and regulations. Grantee, and all subgrantees shall secure all necessary certificates and permits from municipal or other public authorities as may be required in connection with the performance of this Agreement. Contract 4 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FY 2022, Date. 08/2012021 Page. 7 of 12 3.2 Indemnification Each party to the Grant must seek its own legal representation and bear its own legal costs; including judgments, in any litigation which may arise from the performance of this Grant and/or Agreement. It is specifically understood and agreed that neither party will indemnify the other party in any such litigation. 3.3 Failure to Comply and Termination A. Failure to comply with duties and obligations under the grant program as set forth in Public Act 93 of 2013, as amended, is subject to the procedures contained in sections 15 and 17 of the Act. B. Termination for Convenience Grantor may immediately terminate this Grant in whole or in part without penalty and for any reason, including but not limited to, appropriation or budget shortfalls. If Grantor terminates this Grant for convenience, Grantor will pay all reasonable costs for approved Grant responsibilities. If the parties cannot agree to the cost to be paid by , the parties shall attempt to resolve the dispute by mediation pursuant to MCL 780.995. Grantee's duty to comply with MIDC standards is limited to funding covering the cost of compliance as set forth in the Act. 3.4 Conflicts and Ethics Grantee will uphold high ethical standards and is prohibited from: (a) holding or acquiring an interest that would conflict with this Grant; (b) doing anything that creates an appearance of impropriety with respect to the award or performance of the Grant; (c) attempting to influence or appearing to influence any State employee by the direct or indirect offer of anything of value; or (d) paying or agreeing to pay any person, other than employees and consultants working for Grantee, any consideration contingent upon the award of the Grant. Grantee must immediately notify Grantor of any violation or potential violation of this Section. This Section applies to Grantee, any parent, affiliate, or subsidiary organization of Grantee, and any subgrantee that performs Grant activities in connection with this Grant. 3.5 Non -Discrimination Under the Elliott -Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101 to 37.2804, and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., Grantee and its subgrantees agree not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, marital status, partisan considerations, or a disability or genetic information that is unrelated to the person's ability to perform the duties of a particular job or position. Breach of this covenant is a material breach of this Grant. 3.6 Unfair Labor Practices Under MCL 423.324, the State may void any Grant with a grantee or subgrantee who appears on the Unfair Labor Practice register compiled under MCL 423.322. Contract # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FY 2022, Date 08/2012021 Page: 8 of 12 3.7 Force Majeure Neither party will be in breach of this Grant because of any failure arising from any disaster or act of God that are beyond its control and without its fault or negligence. Each party will use commercially reasonable efforts to resume performance. Grantee will not be relieved of a breach or delay caused by its subgrantees except where the MIDC determines that an unforeseeable condition prohibits timely compliance pursuant to MCL 780.993, Sec. 13(11), 4.0 Certification Regarding Debarment Grantee certifies, by signature to this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any federal or state department or agency. If Grantee is unable to certify to any portion of this statement, Grantee shall attach an explanation to this Agreement. 4.1 Illegal Influence Grantee certifies, to the best of its knowledge and belief that: A. No federal appropriated funds have been paid nor will be paid, by or on behalf of Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this grant, the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. Grantee shall require that the language of this certification be included in the award documents for all grants or subcontracts and that all subrecipients shall certify and disclose accordingly. The State has relied upon this certification as a material representation. Submission of this certification Is a prerequisite for entering into this Agreement imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee certifies, to the best of its knowledge and belief that no state funds have been paid nor will be paid, by or on behalf of Grantee, to any person for influencing or attempting to influence an officer or employee of any state agency, a member of the Legislature, or an employee of a member of the Legislature in connection with the awarding of any state contract, the making of any state grant, the making of any state Contract # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FV 2022, Date. 08/20/2021 Page: 9 of 12 loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state contract, grant, loan or cooperative agreement. 4.2 Governing Law This Grant is governed, construed, and enforced in accordance with Michigan law, excluding choice -of -law principles. All claims relating to, or arising out of, this Grant are governed by Michigan law, excluding choice -of -law principles. Any dispute arising from this Grant must be resolved as outlined in Sec. 15 of PA93 of 2013, as amended. 4.3 Disclosure of Litigation, or Other Proceeding Grantee must notify Grantor within 14 calendar days of receiving notice of any litigation, investigation, arbitration, or other proceeding (collectively Proceeding) that arises during the term of the Grant against a public defender office, an attorney employed by a public defender office, or an attorney contracted to perform indigent defense functions funded by the Grantee that involves: (a) a criminal Proceeding, (b) a civil Proceeding involving a claim that, after consideration of Grantee's insurance coverages, would adversely affect Grantee's viability; (c) a civil Proceeding involving a governmental or public entity's claim or written allegation of fraud related to performance of the Grant; or (d) a Proceeding challenging any license that an attorney practicing on behalf of a public defender office or an attorney practicing pursuant to a contract to perform indigent defense functions for Grantee is required to possess in order to perform under this Grant. 4.4 Assignment Grantee may not assign this Grant to any other party without the prior approval of Grantor. Upon notice to Grantee, Grantor, in its sole discretion, may assign In whole or in part, its rights or responsibilities under this Grant to any other party. If Grantor determines that a novation of the Grant to a third party is necessary, Grantee will agree to the novation, provide all necessary documentation and signatures, and continue to perform its obligations under the Grant. 4.5 Entire Grant and Modification This Grant is the entire agreement and replaces all previous agreements between the parties for the Grant activities. Pursuant to the MIDC Act, the MIDC shall promulgate policies necessary to carry out its powers and duties. The MIDC may also provide guides, instructions, informational pamphlets for the purpose of providing guidance and information with regard to the Grant and MIDC policies. This Agreement supersedes all terms of MIDC policies, guides, instructions, informational pamphlets and any other explanatory material that is in conflict with the Agreement. This Agreement may not be amended except by a signed written agreement between the parties. 4.6 Grantee Relationship Grantee assumes all rights, obligations, and liabilities set forth in this Grant. Grantee, its employees, and its agents will not be considered employees of the State. No partnership or joint venture relationship is created by virtue of this Grant. Grantee, Contact # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FY 2022, Dale. 08120/2021 Page. 10 of 12 and not Grantor or the State of Michigan, is responsible for the payment of wages, benefits, and taxes of Grantee's employees. Prior performance does not modify Grantee's status as an independent grantee. 4.7 Dispute Resolution The parties will endeavor to resolve any Grant dispute in accordance with section 15 of Public Act 93 of 2013. The dispute will be referred to the parties' respective representatives or program managers. Such referral must include a description of the issues and all supporting documentation. The parties will continue performing while a dispute is being resolved, unless the dispute precludes performance or performance would require Grantee to spend in excess of the Local Share as defined by MCL 780.983(h). 5.0 Severability If any part of this Grant is held invalid or unenforceable, by any court of competent jurisdiction, that part will be deemed deleted from this Grant and the severed part will be replaced by agreed upon language that achieves the same or similar objectives. The remaining Grant will continue in full force and effect. Contract # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FV 2022, Date, 08/2012021 Page: 11 of 12 5.1 Signatories The signatories warrant that they are empowered to enter into this Agreement and agree to be bound by it. Signature: Date: Bureau of Finance and Administrative Services Department of Licensing and Regulatory Affairs State of Michigan Signature: Date: Michigan Indigent Defense Commission Department of Licensing and Regulatory Affairs State of Michigan Signature: Representative: Date: Funding Unit: Oakland County GRANT NO. 2022-125 Contract # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FY 2022, Date 08/2012021 Page. 12 of 12 N11DC F--2 % COMPI 1A di FP? -AN Submitter Information By filing this Compliance Plan and Cost Analysis Oakland County does not waive and preserves any issues regarding violation of the Headlee Amendment, which arise from, inter alia, the State's obligation to fund the Compliance Plan and all of the costs set forth herein under the MIDC Act (MCLA 780.997(2)) and the Headlee Amendment. The County's Compliance Plan assumes full funding by the State. Oakland County is submitting this MIDC FY 2022 Compliance Plan and Cost Analysis subject to Oakland County Grant Procedures under which this grant application and the acceptance of the grant must be adopted by the Board of Commissioners. This requires a resolution approved by any necessary committees, passage by the full Board and acceptance by the Oakland County Executive or veto override pursuant to 1973 PA 139. Oakland County also notes the difficulty of assessing and predicting operational costs for FY2022 based on the uncertainty and limited experience in OCJ and DC arraignment operations in FY2021. This difficulty has been exacerbated by the COVID pandemic and the significant changes the County has made to the arraignment processes as a result of COVID 19 and the need to make further changes in the event of further COVID waves, another equally contagious disease and/or the eventual increase of OCJ and DC arraignments to pre-COVID levels. These issues may result in increased operational costs for the OCJ and DC arraignment systems in FY 2022. Finally, Oakland County reserves the right to amend the Compliance Plan and Cost Analysis as provided in the Act Funding Units)/System Name: COUNTY OF OAKLAND Submitted By (include name, title, email address and phone number): Mary Ann Jerge, Senior Assistant Corporation Counsel, Acting Project Manager 1200 N. Telegraph Road, Pontiac, MI 48341 Telephone: 248-770-8986 Email address: iergem@oaltgov.com. ir�l Page 1 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 N—'llDC FY22 CONIPL?Ai iCE PLAN Signature: Please identify the following points of contact (include name, title, email address and phone number): Authorizing official who will sign the contract: David T. Woodward, Chairman of the Oakland County Board of Commissioners 1200 N. Telegraph Road, Pontiac, MI 48341 Telephone: (248) 858-0100 Email address: woodwarddCd)oakgov.com Primary point of contact for implementation and reporting: Mary Ann lerge, Senior Assistant Corporation Counsel, Interim Project Manager 1200 N. Telegraph Road, Pontiac, MI 48341 Telephone: 248-770-8986 Email address: lergem@oakgov.com Financial point of contact: Lynn Sonkiss, Manager of Department of Management and Budget/Fiscal Services 2100 Pontiac Lake Road, Waterford, MI 48328 Telephone: 248-858-0940 Email address: sonkissl@oakgov.com Please identify any other person in the system who should receive communications from MIDC about compliance planning and reporting, including name, title, and email address: James Paterson, Manager Civ/Crim Div Oakland County Circuit Court, patersoni@oakgov.com; Pete Menna, Acting Corporation Counsel, --,i-enna@oal<gov.com Page 2 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 N10C l Y22 COMP: A1',!CE PUN Delivery System Model 1. What type of indigent defense delivery system do you have currently? (indicate all that apply): • Assigned Counsel Svstem — Oakland County is in the process of hiring the Chief Attorney -Indigent Defense after which we will switch to a Managed Assigned Counsel System. 2. Are you proposing to change your type of indigent defense delivery system for next year? Please respond Yes or No. YES —Oakland County will be moving to a Managed Assigned Counsel System. Oakland County will propose a future change in type of indigent defense delivery systems in FY2023 to a hybrid Public Defender Office with a Managed Assigned Counsel system Standard 1 Training of A-Ltorneys 3. Number of attorneys who accept adult criminal defense assignments as of October 1, 2021 252 Attorneys 4. Number of attorneys with less than 2 years of Michigan criminal defense experience as of October 1, 2021 6 Attorneys In the cost analysis, please include a list of names and P#s of all the attorneys who accept adult criminal defense case assignments in your system, including conflict counsel and counsel for youths charged as adults. Page 3 Submit all documents via FGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 i€CiC FY21 C l4€Pti1 SCE PL- 5. What is your plan for training attorneys with less than 2 years of Michigan criminal defense experience? The Oakland County Bar Association provides two days (16 hours) of skills training for attorneys with less than 2 years experience in cooperation with Criminal Defense Attorneys of Michigan (CDAM). This training is provided two to three times per calendar year depending on need and volume of attendees. 6. Please describe your system's training plan, including how compliance will be tracked for reporting requirements: Our Plan is a county -wide plan and covers training for all attorneys providing indigent defense services in the Oakland County Circuit Court and all District Courts in Oakland County, Oakland County contracts with the Oakland County Bar Association (OCBA) to provide all continuing legal education training to the county's attorneys providing indigent defense services. The OCBA also keeps track of the training of all attorneys and reports that training to Oakland County and the MIDC. 7. If an attorney does not complete the required training, how will the system address the noncompliance? By January 15th of every year, attorneys who have not completed the required number of hours of continuing legal education in the previous calendar year or provided proof of same are removed from the Oakland County Circuit Court appointment list and the appointment lists of the 52"d District Courts. 8. Any changes in your funding needs from the prior year for Standard 1? Please respond Yes or No. BE Page 4 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 iY}JDC FY22 CG .^Pii,^NCE PLAN Standard 2 Initial Client Interviews 9. The MIDC Standards now require the selection and assignments of attorneys to be done independently from the judiciary. How and when are defense attorneys notified of new assignments? The new Indigent Defense Services office, a County Executive department separate from the judiciary, will notify attorneys of appointments by phone or email within 24 hours of the office receiving notice of the defendant's request for attorney assistance. 10. How are you verifying that in -custody attorney client interviews occur within three business days? Through review of the payment vouchers submitted by the attorneys. The vouchers require a date and signature verification that the initial interview took place and whether the defendant was in custody. If there are questions or discrepancies about the contact with the defendant, the indigent defense clerk responsible for the initial voucher review will contact the attorney for further information and verification. 11. How are you verifying attorneys' introductory communications with out -of - custody clients? Page 5 Submit all documents via EGRaMS. questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 MIDC F` 22 COMPLIAINICE PLAN Through review of the payment vouchers submitted by the attorneys. The vouchers require a date and signature verification that the initial interview took place and whether the defendant was in custody or out -of -custody. If the attorney was unable to complete the initial interview because of inaccurate contact information or lack of contact information, the attorney may document any efforts to communicate with the defendant and add same to the voucher submission. If there are questions or discrepancies about the contact with the defendant, the indigent defense clerk responsible for the initial voucher review will contact the attorney for further information and verification. 12. How are you compensating attorneys for conducting initial interviews? Please include whether you intend to compensate attorneys differently for in -custody and out -of -custody interviews. $100 per initial interview payment for all initial interviews, in -custody and out -of - custody interviews. 13_ Any changes in your funding needs from the prior year for Initial Interviews? Please respond Yes or No. NO Corlficential (`k-fleeting Spaces 14. How many confidential meeting spaces are in the jail? Page 6 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 Ui'•. C Y22 t:='=..1PI.11,Vt=c PLrA.N In the Video Arraignment Room area in the OCJ, there are 3 dedicated attorney interview rooms and a backup attorney interview room, along with 3 video arraignment rooms (total 7). However, due to COVID restrictions, the OCJ has changed to a remote arraignment system where the attorneys are off -site, do pre - arraignment interviews by Polycom, iPad or phone and participate in arraignments via Polycom from dedicated cell blocks. We have installed Polycoms in the 3 attorney interview rooms so that we have use of a total of 7 rooms where confidential attorney interviews can take place remotely from the Video Arraignment Room area. Arraignments have started to approach pre-COVID levels, so further adjustments may be necessary. There are 21 other confidential meeting rooms in the OCJ for confidential meetings (17 in the main jail cell blocks and 4 in the OCJ annex cell blocks). However, please note that at this time and for the foreseeable future all non -arraignment confidential meetings are taking place via IC Solutions, the Polycom Real Presence Application on Polycom or iPad. 15. What is the TOTAL amount of confidential meeting spaces in the courthouse? The Circuit Court has 2 in -custody confidential meeting spaces and at least 8 out - of -custody confidential meeting rooms. The four 52"d District Courts have a total of at least 3 in -custody confidential meeting spaces, and at least 4 out -of -custody confidential meeting spaces. The 52-2 District Court received a waiver by the MIDC in FY2019 for in -custody confidential space due to the limitations in costly construction on the leased space, but the 52-2 does provide semi -confidential space for in -custody interviews. TOTAL: 17 confidential meeting spaces. 16. How many confidential meeting spaces in the courthouse are for in -custody clients? Please describe these spaces. There are two in -custody confidential meeting rooms in the basement of the Circuit Court. There is at least one confidential meeting room for in -custody defendants in Page 7 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 the 52-1 (Novi), 52-3 (Rochester) and 52-4 (Troy). There is not a confidential meeting room for in -custody defendants at the 52-2 District Court (Clarkston) but has been previously found compliant with confidential meeting space requirements to the extent that it is reasonably possible. The 52-2 District Court received a waiver by the MIDC in FY2019 for in -custody confidential space due to the limitations in costly construction on the leased space. Oakland County's original FY2019 MIDC approved Compliance Plan discusses in detail the 52-2 District Court attorney and inmate movement process for interviews of in -custody defendants. 17. How many confidential meeting spaces in the courthouse are for out -of -custody clients? Please describe these spaces. In the Oakland County Circuit Court, there are four out -of -custody meeting rooms in the main courthouse, plus four additional private rooms in the Law Library. In the 52nd District Courts there is at least one out -of -custody room per courthouse. 18. Any changes from the prior year's compliance plan for your confidential meeting spaces? Please respond Yes or No. M 19. Any changes from the prior year's funding needs for confidential meeting spaces? Please respond Yes or No. Standard 3 Experts and Investigators Page 8 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 20. The MIDC Standards now require approval of expert and investigative assistance to be independent from the judiciary. Describe the process of how attorneys request expert witness assistance for their indigent clients: The Chief Attorney -Indigent Defense of the proposed Managed Assigned Counsel System will review all requests for expert and investigative assistance and approve all invoices for same for all indigent cases in the Circuit Court and the four divisions of the 52" d District Court. 21. Any change from the prior year's process to request expert witness assistance? Please respond Yes or No. YES. The process to request expert witness assistance will be independent of the judiciary and be handled by the Chief Attorney— Indigent Defense. 22. Describe the process of how attorneys request investigative assistance: Attorneys appointed to represent indigent defense will submit a written requests to the Chief Attorney -Indigent Defense of the proposed Managed Assigned Counsel System who will review all requests for expert and investigative assistance and approve all invoices for same for all indigent cases in the Circuit Court and the four divisions of the 52"d District Court. 23. Any change from the prior year's process to request investigative assistance? Please respond Yes or No. YES. The prior process to request investigator assistance was for the attorney to file a motion with the court. The new process will be independent of the judiciary and be handled by the Chief Attorney— Indigent Defense. 24. How are attorney requests (whether approved or denied) for experts and investigators tracked by the system? Please include approved and denied requests. Page 9 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 MIDC FY22 CO MPLIAI ICE PLAN The County is in the process of completing the IT project funded by the MIDC which, among other things, will track attorney request data for experts and investigators. The data tracked will include the number of cases where experts were used, the number of cases where investigators were used, and the data on number of approved and denied requests. Until the IT project is complete, the Chief Attorney - Indigent Defense will track requests by using a spreadsheet. 25. Any change from the prior year's funding needs for Standard 3? Please respond Yes or No. Yes — it is $12,500 less. Standard 4 Counsel at First appearance and Other Critical Stages 26. The MIDC Standards now require the selection and assignments of attorneys to be done independently from the judiciary. How are you providing counsel at first appearance and all arraignments? Please provide detail for circuit and district court coverage. The new Indigent Defense Services Office, a County Executive department separate from the judiciary, will handle the selection and scheduling of all attorneys for counsel at first appearance and all other arraignments at the Circuit Court and the 52"d District Courts. In the 52nd District Courts there is an arraignment attorney scheduled each day at each District Court to handle pre -arraignment interviews and to appear at arraignments. Currently, the attorney is handling the representation remotely due to the COVID pandemic. The arraignment attorney interviews the defendants via Zoom or the Polycom Real Presence Application and appear at the arraignment through video. The attorney assigned to each 52"d District Court also interviews Page 10 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 M(DC FY22 COMPLIANCE PLAN defendants in local police department lockups over Polycom and appears at the arraignments through video. This process may change depending on the COVID pandemic and the Orders issued by the 52"d District Court or SCAO. In the Circuit Court every weekday at 11:00 am, attorneys are appointed to handle arraignments for VOPs and bench warrants for walk-in defendants and post- bindover Circuit Court arraignments for those defendants housed in the Oakland County Jail (OCJ). Until the Indigent Defense Office is operational, attorneys are appointed by Circuit Court staff to handle all arraignments for defendants housed in the OCJ seven days a week. After implementation of Standard 5, this function of appointing arraignment attorneys for the OCJ will be handled by the Indigent Defense Services Office, a County Executive department separate from the judiciary. 27, How are you providing counsel at all other critical stages? Please provide details: The new Indigent Defense Services Office, a County Executive department separate from the judiciary, will notify post -arraignment attorneys from our roster of attorneys of appointments by phone or email within 24 hours of the office receiving notice of the defendant's request for attorney assistance. The office will also create and prepare a "Notice of Appointment" to be filed with the court on every post - arraignment appointment. 28. How are you compensating attorneys for Standard 4? Please provide detail for compensating counsel at first appearance and compensating counsel at all other critical stages. OCJ daily rate of $650 weekdays; $700 weekends; and $750 holidays. Half days are not anticipated. For Circuit Court VOPs and bench warrant arraignments $200 per day. 52"d District Court House Counsel/Arraignment $500 per day or $250 for half day. Page 11 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 IvIlDC M2 COMPLIANCE PLAN All other critical stages —both the Circuit Court and 52"d District Courts use detailed event -based pay systems for individual appointments. (These event -based payment schedules are attached to the cost analysis and can be found on the courts' websites). 29. Do you have a prison in your County? How is counsel provided to people charged with crimes while incarcerated in the prison? Do you seek reimbursement for the cost of counsel from the Michigan Department of Corrections? BE 30. Are there or will there be any misdemeanor cases where your court accepts pleas without the defendant appearing before a magistrate or a judge? For example, pleas by mail, over the counter pleas, pleas online, etc. Please answer Yes or No. YES 31. Describe how counsel is offered to a defendant making a plea who does not appear before a magistrate or judge: We use the 5CAO form which advises defendants of their rights to an attorney. If they wish to be represented by an attorney after being advised of the right to an attorney, the court does not accept the plea by mail and sets the case for a remote hearing by video. 32.Any change from the prior year's attorney compensation for Standard 4? Please respond Yes or No. NO 33. Any change from the prior year's funding needs for Standard 4? Please respond Yes or No. Page 12 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 ';'VItDC FY22 COMPLIANCE PLAN YES, we require less funding for Standard 4. The projected costs for arraignments from four PD lockups ($250 per lockup = $1,000) for handling attorney -defendant interview prior to arraignments by PD personnel are significantly less than budgeted in the prior years resulting in cost savings of $27,160.24. Also, we are reducing arraignment attorney coverage by one attorney on Mondays and Saturdays resulting in cost savings of $67,500. The County also eliminated the need under current conditions for a full-time Corrections Deputy position in the 52-2 District Court for a cost savings of $102,127 (salary and fringe benefit cost savings). Finally, we have eliminated the Circuit Court and 52"d District Court budget category for "Arraignment Surges' resulting in a cost savings of $11,000. Total cost savings: $207,787.24 Standard 5 The MIDC Standards now require independence from the court including the selection and assignment of attorneys, attorney compensation and approval of requests for expert and investigative assistance. 34.How will attorneys be selected to provide adult indigent criminal defense services in your indigent defense system? Please describe any eligibility requirements needed by the attorneys as well as the selection process: For Circuit Court assignment eligibility, attorneys will be qualified by the Oakland County Circuit Court Criminal Assignment Committee. The Committee evaluates the qualifications of attorneys, reviews complaints concerning attorney performance and makes attorney disciplinary decisions that will be carried out by the Chief Attorney -Indigent Defense. This committee is currently comprised of five Circuit Court judges appointed by the Chief Judge and five felony level defense attorneys appointed to the Committee by the Oakland County Bar Association. To comply with Standard 5, the Circuit Court Criminal Assignment Committee will be reconfigured to achieve independence of the judiciary: 1) the Chief Attorney for Page 13 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 the Indigent Defense Office will Chair the committee; 2) the Chief Attorney and the otherfive attorney members are eligible to vote on matters before the committee; and 3) the five judges on the committee will be non -voting members of the committee, but will be encouraged to contribute information and advice concerning the delivery of indigent defense services, including their opinions regarding the competence and performance of attorneys providing such services. The Circuit Court Criminal Assignment Committee has a detailed application and objective point scoring system process to determine eligibility for any of the four levels of the Circuit Court Criminal Assignment list. This current application and point scoring system will be continued under Standard 5 and made publicly available on the new Indigent Defense Office website and in the Indigent Defense Office which will be open to the public during business hours Monday - Friday. For District Court assignment eligibility, Oakland County will be creating a 52"d District Court Criminal Assignment Committee. The 52"d DC Criminal Assignment Committee will be chaired by the Chief Attorney of the Indigent Defense Office and comprised of a determined number of practicing defense attorneys and a determined number of 52"d District Court judges. The 52"d District Court judges on the committee will be non -voting members of the committee, but will be encouraged to contribute information and advice concerning the delivery of indigent defense services, including their opinions regarding the competence and performance of attorneys providing such services. The County will develop the policies and procedures of this committee — including a common application to qualify for an appointment list to be used by all four 52"d District Courts, and establishing minimum qualifications of attorneys who will handle arraignments and vertical critical stage representation of misdemeanor defendants. 35. Will the selection process be facilitated by a committee of stakeholders? If so, please list the titles of participating officials, agencies, or departments as appropriate. Yes. The Circuit Court Criminal Assignment Committee (reconfigured to comply with Standard 5) and the 52"d District Court Criminal Assignment Committee (to Page 14 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 MIDC i Y22' IkAPUA.i SCE P!AN be created during implementation of Standard 5), The judges on the Committees will be non -voting members and the Chief Attorney and the attorneys appointed to the Committees by the Oakland County Bar Association will be voting members. 36. Who will approve an attorney's eligibility to receive assigned cases? The Circuit Court Criminal Assignment Committee (reconfigured to comply with Standard 5) and the 52nd District Court Criminal Assignment Committee (to be created during implementation of Standard 5). 37. Who will assign work to the attorneys in the indigent defense system? Please include the person's name, title, employer and/or supervisor. Under the supervision of the Chief Attorney -Indigent Defense and the Supervisor of the Indigent Defense Office, the Indigent Defense Clerks assigned to the four 52"d District Courts and the Indigent Defense Appt Specialist for the Circuit Court system will assign attorneys to felony and misdemeanor cases through rotational assignment systems. 38. Who will review and approve attorney billing? The Indigent Defense Office Account Clerk will initially review attorney billing from the Circuit Court. The Indigent Defense Clerks for the 52"d District Courts will initially review the attorney billings assigned to those courts. The Chief Attorney will approve all attorney billing for work done in the Circuit Court and 52"d District Court and route same through Workday. The Chief Attorney will also handle any attorney requests for extraordinary fees. 39. Who will approve requests for expert and investigative assistance? The Chief Attorney of the Indigent Defense Office process all requests for experts and investigators on indigent defense cases, and cases where the defendant has become indigent, and approve payments for same. The Indigent Defense Office will Page 1s Submit al(documents via EGReMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 MIDI FY22 COMPL'aNCE PLAN track data regarding requests for experts and investigators, including the number of cases where experts were used, the number of cases where investigators were used, and the data on number of approved and denied requests. 40. Who will review and approve expert and investigative billing? The Chief Attorney of the Indigent Defense Office process all requests for experts and investigators on indigent defense cases and approve payments for same. 41. What is your appeal process to resolve any potential conflicts between the assigned attorney and the person(s) assigning casework? The Chief Attorney of the Indigent Defense Office will handle any conflicts or complaints between the assigned attorney and Supervisor and her staff. Complaints about the Chief Attorney's decision making on experts, investigators, extraordinary fees, eligibility for appointment, and fairness in assigning cases must be forwarded to and handled by the Criminal Assignment Committees for the Circuit Court or District Court, depending on what rostered list the attorney has been approved for eligibility. All other complaints about the Chief Attorney will be handled by the Deputy County Executive supervising the Chief Attorney. 42. What is your appeal process to resolve any potential conflicts between the assigned attorney and the person(s) or reviewing/approving billing? To comply with Standard 5, the Circuit Court Criminal Assignment Committee Policy and Rules have been amended to provide for an appeal process regarding extraordinary billing requests. The Criminal Assignment Committee eligible voting members (5 attorneys with the Chief Attorney Indigent Defense abstaining) will handle the appeals of the Chief Attorney's decisions: Appeals of the Supervisory Attorneys Decisions A. The Committee will hear and decide appeals only relating to extraordinary fees requests or investigator or expert witness assistance requests that were denied by the Supervisory Attorney. Page 16 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 M1DC FY22 COMPLIANCE PLAN B. The attorney must file a written request to appeal the Supervisory Attorney's decision to the Committee along with any supporting documentation the attorney submits to the Committee for review. C. For appeals of investigator or expert witness denials, the Supervisory Attorney will schedule a Criminal Assignment Committee meeting not more than 10 days after receipt of the written appeal request and all appeals of this nature must be decided within 14 days of the submission of the request, absent good cause. D. For appeals of extraordinary fees denials, the Supervisory Attorney will schedule a Criminal Assignment Committee meeting not more than 45 days after receipt of the written appeal request and all appeals of this nature must be decided within 60 days of the submission of the request, absent good cause. E. The Attorney may be invited to attend the meeting if the Committee requests further information from the attorney. F. The Committee will dispose of the appeal by majority vote. The Supervisory Attorney shall abstain from any voting on these appeals. If the vote results in a tie among the eligible voters on the Committee, the Supervisory Attorney's decision is final and binding. 43. What is your appeal process to resolve denied or partially denied requests for expert or investigative assistance? To comply with Standard 5, the Criminal Assignment Committee Policy and Rules have been amended to provide for an appeal process regarding denials of requests for experts or investigative assistance. The Criminal Assignment Committee eligible voting members (5 attorneys with the Chief Attorney Indigent Defense abstaining) will handle the appeals of the Chief Attorney's decisions: Appeal Wt1SU visory Attorneys Decisions A. Thecoo, ill hear and decide appeals only relating to extraordinary fees requests or investigator or expert witness assistance requests that were denied by the Supervisory Attorney. B. The attorney must file a written request to appeal the Supervisory Attorney's decision to the Committee along with any supporting documentation the attorney submits to the Committee for review. C. For appeals of investigator or expert witness denials, the Supervisory Attorney will schedule a Criminal Assignment Committee meeting not more than 10 days after receipt of the written appeal Page 17 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 NVDC e Y22 COMPLIANCE PLAN request and all appeals of this nature must be decided within 14 days of the submission of the request, absent good cause. D. For appeals of extraordinary fees denials, the Supervisory Attorney will schedule a Criminal Assignment Committee meeting not more than 45 days after receipt of the written appeal request and all appeals of this nature must be decided within 50 days of the submission of the request, absent good cause. E. The Attorney may be invited to attend the meeting if the Committee requests further information from the attorney. F. The Committee will dispose of the appeal by majority vote. The Supervisory Attorney shall abstain from any voting on these appeals. If the vote results in a tie among the eligible voters on the Committee, the Supervisory Attorney's decision is final and binding. Personnel In the cost analysis, please provide detail about all personnel employed by the funding unit. This should include DIRECT SERVICE PROVIDERS (Public Defender Chief, Deputy Chief, Assistant Defenders, and staff of the defender office employed by the system) as well as ANCILLARY STAFF (court clerks, sheriff employees, etc.) Ancillary Staff 44. In limited circumstances, the MIDC can fund some other system staffing needs if required to implement one of the MIDC standards. These requests are evaluated each year. 45. Do you have any ancillary staff? Please answer Yes or No. YES. If yes, what standard(s) or reporting needs do they meet? The ancillary staff as outlined in the cost analysis are necessary to meet the requirements of Standard 2 and Standard 4. See the cost analysis Att. B for more information. If yes, how are you tracking time for ancillary staff? Page 18 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 N11DC F' 2 COMPLIANCE PLAN The work duties of ancillary staff are strictly limited to the job functions related to the facilitation of MIDC Standard 2 (confidential meetings between counsel and indigent defendants) and Standard 4 (counsel at arraignment and other critical stages) as described in Att. B of the cost analysis. The time tracking process for the grant funded Corrections Deputy positions in the OCJ is made through the Kronos application, and the time tracking system for Community Corrections Specialists is through the Workday application, verified by the Supervisors of those employees. 46. For existing ancillary staff, are there any personnel positions/hours eliminated, reduced or increased from the prior year? Please answer Yes or No. YES. The County eliminated one full-time Corrections Deputy position in the 52-2 District Court. 47. Are any additional ancillary staff positions or hours requested from the prior year? Please answer Yes or No. YES. The County is requesting an additional 16 hours of weekly Corrections Deputy coverage in the video arraignment room in the OCJ to cover Wednesdays and Thursdays. Reimbursement Costs for Creating Plan An indigent criminal defense system may submit to the MIDC an estimate of the cost of developing a plan and cost analysis for implementing the plan under MCC 780.993(2). Please attach documentation of planning time for FY22, if seeking reimbursement under this provision. Are you requesting reimbursement of planning costs? ❑ Yes f ❑ No If yes, do you have receipts showing that non -funding unit employees have been paid? © Yes I ❑ No What is the amount you are seeking in reimbursement? $ Page 19 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 ------ ----- ------------- --------------------------------------------------- ✓ You must also complete a cost analysis. ✓ In order to complete your application, you must submit a list of the attorneys providing services with P numbers. ✓ If applicable, you must submit documentation supporting your request under MCL 780.993(2) for reimbursement for the cost of compliance planning, Page 20 Submit all documents via EGRaMS. Questions or concerns, please email your Regional Manager The FY22 compliance plan and cost analysis is due no later than April 27, 2021 Indigent Defense System Budget - Summary at Budget Category Aggregate Level See subsequent tabs for details Grant Year October 1, 2021 - September 2022 Funding Unit Name (s) Oakland County BUDGET CATEGORIES salaries & Fringe Benefits (Contracts I Contracts for Attorneys Contracts for Experts and Investigators I Contracts for Construction Projects Contracts Other JEquipment (Training/Travel (Supplies/Services Data Collection (Compliance Planning Costs I I Total Budget Less Oakland County Local Share State Grant Total I 1,288,073.74I 5,490,450.10 I 212,500.00 174,187.20 I 127,993.25 25,894.00 I 196,482.08 I 134,773.12 I 0.00 0.00 I 7,650,353.49 (1,850,703.10) 5,799,650.39 S Fd IJA 9 9 55� v x yy �y 4 m F 8888 $$888 8 6 8 ,N,'P'8wa$wB3 R R 688888�88 B B 8 X w � s F pe" y N e S I P 1 gg ?gg f 15I I C y �t - p G M ao�4 S gl G §3gg?3�1 A UT a �a,§av "HIS 640 8HR a o � 8 888$866 u H p P � 4 x s s � of �w hu p�'m��Gad e �`s scQsas a 555 �A5S fr gg 56Hk1l � mammaa S s s s . 3�g 8 G C 8 8 8 @s R J yffi n 3 � J $ H e_ 3q� B 6 5 s $ e $ 8 8 $ � 8 F p 8 8 8 8 8 p $ 8 8 8 8 a V. ' W' CASmYSu/.MY( L .Un TtNf ' TaT\ oa°8 ua LrPymw 5 FYA 33 M�C°ZM°rPNY Ly.,p2t 0+%Yb�t uJt c\W'+YTt^^'di Wnfh �2Ki9° C NN^n'm� A. OAKLAND COUNTY INDIGE\T ➢EFEi\SE PROGRAM OFFICE Chief Attorney indigent D,-iense 's {I { Soper visof - larligent oefen� i t� tndigent Defense Appt Speoal;st Account Clerk 11 52-1 DC ;, jj 52-2 DC indigent Defense Clerk invigertt De{enseC?eak 62-3 DC ( 62.4 DC Indinent Deteme Clerk Indigent Defense Clerk t i 52 DC%Circuit Court 52 DClCircuit Court Indigent Defense Clerk/ Indigent Defense Department Assistant Clerk/Depar trnent Assistant To comply with NHDC Standard 5, the County will create a new Indigeut Defense department through the County's Board of Commissioners and create new job classifications and descriptions for the positions contained in the new organization chart. The Indigent Defense department will be within the County Executive's organization and supervised by a Deputy County Excentive. Tbis department will take over all indigent defense services currently being conducted by the Oakland County Circuit Court and the four divisions of the 52,d District Court, including the selection and appointment of attorneys, attorney compensation and approval of requests for expert and investigative assistance. 1 The Circuit Court administrative staff crrently handles the following: 1) rotational appointment and preparing orders of appointment of attorneys on all Level 3 and 4 felony cases; 2) daily scheduling of the Circuit Court bench warrant arraignment attorney Monday through Friday: 3) daily coordination and scheduling of attorneys on arraignments for indigent defendants housed in the Oakland County Jail, seven days per week, 365 days per year, and 4) verifying and processing all attorney invoices for payment (arraignment attorneys and vertical representation attorneys). The thirteen criminal Circuit Coma Judges or their staff currently handle the following: 1) all appointment of and preparing the orders of appointments on all Level 1 and 2 cases (approximately 250/0 of the adult criminal caseload); 2) approving weekly appointments of and preparing the orders of appointment for the Probation Violation hearing attorney on the thirteen criminal court judges' weekly criminal call day: 3) documenting the approvals of and preparing the orders for the appointment of experts and investigators, and approving payment for experts and investigators on indigent cases: 4) prepare orders of substitution or removal of attorneys and appointment of new counsel when required; and 5) handling all attorney requests for excessive fees beyond the approved Circuit Court Attorney Fee Schedule. The M1DC grain funded clerks at each of 52"d District Court currently handle the following: 1) appointment of attorneys for daily arraignment coverage; 2) appointment of attorneys for pretrial docket coverage for the day; 3) appointment of attorneys for probation violation hearings: and 4) verifying and processing attorney invoices for payment_ Each of the ten 52"d District Court judges or their staff handles the appointment of attorneys on their docketed cases after the arraigmueut and pretrial. The Judges of the 52"d District Court also handle all requests for experts. investigators, and excessive fees. The Standard 5 implementation plan will move the current Circuit Count administrative staff ) and the current indigent defense clerks in the four 52"d District Courts into the new Indigent Defense department. The additional responsibilities of taking over the numerous functions of the judges and thew staff as outlined above will require additional personnel. The staff will be taking over the new responsibilities of the following felony cases: 1) appointing, preparing and e-filing the Orders of Appointment on felony Level 1 and Level 2 cases: 2) appointing. preparing and e-filing the Orders of Appointment of VOP attorneys on thirteen judges case call docket days. 3) preparing the approvals of experts and investigators; and 4) preparing and e-tiling Orders for excessive fees. The staff will also be taking over the increased firnctions on misdemeanor cases: 1) appointing, preparing, and filing the orders of appointments on cases after arraignment and pretrial, including post -sentence probation violation hearings; 2) documenting the approvals of experts and investigators: and 3) documenting the requests and approvals of excessive fee requests. Additionally, the Circuit Court and 52'd District Counts' employees can no longer provide vacation coverage or provide heavy work back-up_ For all of these reasons. the two additional ft] clerks will cross train for all of the positions under supervision for vacation/leave coverage or to provide heavy work back-up. The two additional clerks are necessary to take over the additional appointment work that was covered by the judges and judicial staff in the Circuit Corot and 52nd District Courts as outlined above. The two additional clerks will also share the responsibility of department receptionist (the public counter) and provide any necessary administrative assistance to the Chief Attorney or Supervisor of the Indigent Defense department. The Chief Attorney of the Indigent Defense department will supervise the department personnel and the administration of delivering indigent defense services. The Chief Attorney will nn the Circuit Court Criminal Assignment Committee and serve as its Chair. The Chief Attorney will also nun the proposed District Corot Criminal Assigmnrent Committee and serve as its Chair. Additionally, the Chief Attorney will take over the following responsibilities: 1) process all requests for experts and investigators on indigent defense cases and approve payments for shure; 2) handle requests for excessive fees; 3) act as grant manager for the MIDC grant and handle all quarterly and year-end compliance and financial reporting obligations: 4) oversee the budgets and expenses of the managed assigned counsel office: 5) represent the Indigent Defense department at BOC budget meetings. grant application or acceptance presentations; 6) oversee the contract for continuing legal education for indigent defense attorneys; 7) monitor the indigent defense system for compliance; and 8) prepare and submit the annual compliance plan and cost analysis required by the MIDC Act_ ANCILLARY PERSONNEL POSITIONS. I. Pretrial Services Positions (Community Correction Specialists) With the introduction of arraignment attorneys for Oakland County Jail (OCJ) arraignments pursuant to MIDC Standard 4, the County added two Community Corrections personnel at the OCJ in its last three compliance plans which were approved for grant funding by the MIDC. Due to the high volume of work in handling the weekend coverage, the County contributed an additional two county -funded positions to cover the OCJ Pretrial Services coverage in the OCJ. All four Pretrial Services employees work on Saturday, Sunday, and Monday which are consistently the heaviest arraignment docket days. Double coverage (two of the four dedicated positions) cover all the other days of the week in the OCJ. These positions provide critical services to the arraigmments process which need to be continued. First, these positions were added to provide expanded Pretrial Service coverage at the OCJ so that inmate interviews begin early in the morning and Pretrial Service reports could be provided to arraignment attorneys as early as possible to prepare for arraignments. The employees start communication with the OCJ staff at 5:30 am. As early as 6:00 am, the Pretrial Services staff begin interviewing incarcerated individuals, complete the interview sheets, and complete pretrial service reports for the arraignment attorneys as well as the arraigning court. These reports are transmitted to the assigned arraignment attorney and the arraigning court early enough for those parties to prepare for arraignments. The reports provide arraignment attorneys with the necessary background information on their clients and their charges which they need to make an effective argument for lower bonds or personal recognizance bonds. Without the additional coverage in the OCJ, especially on the heaviest arraignment docket days, attorneys would not receive reports on a timely basis and may not have enough information to effectively represent their client. Second, Pretrial Services performs the critical function of acting as a liaison between the Prosecutors Office and the arraignment attorney, which provides the critical discovery of the Complaint and Warrant to the arraignment attorneys. Pretrial Services employees access the CLEMIS Oak Video system, copy the Complaint and Warrant and forward it to the assigned arraignment attorneys every day. Without the Complaint and Warrant and an accurate description of the charges and penalties, arraignment attorneys are at a significant disadvantage in the arraignment process. Some attorneys have been unwilling or unable to proceed at all with the arraignment for lack of information, thus leaving the inmate to stay an additional day in the OCJ. Finally, prior to the implementation of MIDC Standard 4, Pretrial Services did not provide any weekend coverage before these positions were added and did not provide double in coverage in the OCJ the other five days a week. Without funding of the two positions, Community Corrections could not continue the critical staffing on the weekends and the early morning double coverage on the weekdays in the OCJ. For all the reasons stated above, this would seriously hamper the County's efforts in providing effective assistance of counsel to indigent defendants. Il. Corrections Depnty Positions The County added one full-time Corrections Deputy position for the OCJ Video Arraignment process and one finll-time Corrections Deputy for the 52-2 District Court in its last three compliance plans which were approved for grant finding by the Iv1IDC . Following a reassessment of the County's needs as a result of MIDC mandates and continuing COVID pandemic lock -down restrictions for corrections facilities, the County is eliminating the full-time Corrections Deputy for the 52-2 District Court and requesting 16 horns of Correction Deputy coverage for Thursdays and Fridays in the OCJ. This world result in a net reduction of 24 hours of weekly costs of Correction Deputy- grant funding. The Corrections Deputy in the OCJ Video Arraignment area was approved by the MIDC to handle a variety of increased duties that resulted from MIDC Standards 2 and 4: 1) the increased movement of inmates to and from confidential meeting space to meet with attorneys for arraignments; 2) increased activity of disseminating and processing arraignment attorney paperwork (consent form, advice of rights). The MIDC grant fronded Corrections Deputy now facilitates both the movement of inmates to a confidential space or the movement of technology (iPads, phones) for confidential meetings of inmates with their indigent defense attorneys for arraignments and all other critical stage proceedings. Moreover, the increased movement has remained intense because of the continuing COVID pandemic movement restrictions still in place in correctional facilities. ("Orders will remain in effect to protect vulnerable populations in corrections, long-term care and agriculture," 6/17`2021 Governor Whitmer Press Release at https:'iivwnv.nnicltiszari.aovr'whitmert0,9109.7-387-90499 90610-562084--,00.htuaL) The current Corrections Deputy fiurded by the MIDC grant works Saturdav — Wednesday. On those days, the OCJ Video Arraignment Room is staffed to perforur the functions of facilitating efficient arraignment attorney meetings and video arraignment proceedings. On Thursday and Friday, without the extra deputy to perform movement of inmates to the technology or the technology to urinates, and the increased activity of distributing and processing the arraignment attorney paperwork; inmates are often unable to speak with their attorneys before arraignment proceedings or other critical stage proceedings. Attorneys cannot go over the arraignment attorney consent form, the advice of rights form or the pretrial services report with the innate prior to the arraignment. Manpower limitations in the movement of prisoners and technology for arraignments has resulted in increased remote hearing break-out room delays, the common inability of arraigning courts to complete the arraignments during their regularly scheduled time slot, and murecessary carryovers of arraignments to the following day. Therefore, the County seeks to continue the current grant finding of the Corrections Deputy in the OCJ and seeks approval for the grant funding of an addition 16 hours of Corrections Deputy funding to cover Tlmrsdays and Fridays which is necessary to process the defendants' arraignments as quickly as possible and prevent defendants fi-om being field over to another day. CONTRACTUAL SERVICES — PROFESSIONAL LIABILITY INSURANCE Local finding twits do not enjoy the same absolute immunity that trial court judges do. The MIDC minimum standards (approved and proposed) leave funding units vulnerable to tort liability tinder state and federal law, even if court appointed attorneys are intended to be treated as independent contractors. Funding omits are subject to state liability trader the Goveinrnental Tort Liability Act, MCL 691.1401 et al, and federal liability under 42 USC § 1981 Oakland County is requiring all indigent defense comrsel to execute an Appointed Attorney Vendor Agreement establishing and reaffirming independent contractor status. Nonetheless, treating indigent defense counsel as independent contractors does not firlly mitigate a local finding unit's exposure to liability. Generally, independent contractors of the County are not treated as employees, not entitled to the defense of governmental irmntnrity, and not entitled to indemnification by the County. See Powers v Peoples Only Hosp _oath. 183 Mich App 550 (1990). However. in some circumstances, the governmental agency can be held liable for the actions of the independent contractor tinder the Governmental Tort Liability Act, 1VICL 691.1407(2). See Rakowski v. Sarb, 269 Mich, App. 619, 625 (2006). The MIDC Act and minimum standards also potentially exposes the County, to federal liability tinder 42 USC § 1983. The United States Supreme Court held that a county cannot be liable for the actions of a county -employed public defender "merely because he or she is an employee" of the county. Polk Corinth v Dodson, 454 U. S. 31Z 319 — 322 (1981). A public defender does not act `under the color of state law" when performing a lawyer's traditional functions as counsel to an indigent defendant in a state criminal proceeding, which is an element required in a 42 USC §1983 action. Id.. at p. 324. However, the Supreme Count also ruled that there are circumstances where a public defender would act "under the color of state law." for example, while performing administrative and investigative functions. Id. at p. 325. More importantly, a municipality could be held liable for the actions of an indigent criminal defense attorney if it "attempted to control" the defense attorney's constitutional responsibilities tinder Gideon v Maintvrfght, 372 U.S. 335 (1963). Irl. at p. 322. See also Powers v. Ilanrrlton Caroni' Public Defender- Commission, 501 F. 3d 592, 612-613 (6`h Cir. 2007) (A county agency can be subject to y 1983 liability for the actions of a public defender even if the public defender was performing traditional functions of a lawyer representing a client). Under Standard 5. the County will also have control over payment of the wages of indigent defense counsel and will be subject to extraordutary fee legal actions in the trialcourt and state appeals courts. It is also foreseeable that defense attorneys whoare removed font court appointed lists for various reasons (lack of qualifications, failure to complete CLE requirements, excessive billing. etc.) could raise a 42 U.S. § I983 claim for retaliation. regardless of the validity of such a claim, for asserting then regulatory "rights" and performing thew "required" duties under the NIIDC Act. All of these factors expose local funding unfits to state and federal tort liability. The County addresses a number of professional liability exposures through the purchase of commercial insurance policies for its employees. The Count ractices Liability Insurance which provides coverage for defense costs and amages re a e o all employment claims, including but not limited to wrongful termination, workplace harassment, discrimination claims, etc. The County also has a Public Officials Liability insurance plan that covers elected and appointed officials and their employees for damages or defense costs specifically involving mismanagement or improper administration of the county budget, grants, or funds, as well as the denial of services like permits or licenses, and zoning approval and denial liability exposures. The County also has three Police Professional Liability policies that cover the Narcotics Enforcement Team (NET), the Special Weapons and Tactics Team ( SWAT), and a commercial insurance policy for the Oakland County Sheriff and his employees. However, the County's current insurance coverage in its existing policies is not broad enough to address the specific liability exposure resulting from the new responsibilities of the Indigent Defense Office. For all these reasons, the County is seeking MIDC funding for the standard minimum liability insurance coverage required by County policy for any claims that arise out of their statutorily mandated duties under the MIDC Act and MIDC Standard 5. It has been the County's long-standing policy and included in all professional services contracts to require a standard minimum professional liability insurance requirement of $1,000,000 in coverage. The lowest insurance quote the County receive was an annual rate of $8,887. (See Nexus Quote attached). FEASIBILITY STUDY — TRANSITION PUBLIC DEFENDER MODEL, WITH MANAGED ASSIGNED COUNSEL SYSTEM (HYBRID) For FY2022 only, Oakland County will comply with Standard 5 through a managed assigned counsel system office that will be independent and separate from the Oakland County Circuit Court and the four divisions of the 52nd District Court. In FY2023, Oakland County intends to move to a Public Defender Model for most or all of its indigent defense cases in the Circuit Court and 52°d District Courts, The County will still maintain a managed assigned counsel office for the following purposes: 1) appoint attorneys for all cases that cannot be handled by the Public Defender Office (including but not limited to conflict cases involving co- defendants, felony cases requiring more specialized representation, increases in docket coverage that cannot be handled by the Public Defender Office, etc.); 2) process all requests for experts and investigators on indigent defense cases and approve payments for same; 3) act as grant manager for the MIDC grant and handle all quarterly and year-end compliance and financial reporting obligations; 4) oversee the budgets and expenses of the managed assigned counsel office and the Public Defender office; 4) oversee the contract for continuing legal education for indigent defense attorneys; and 5) prepare and submit the annual compliance plan and cost analysis required by the MIDC Act. The MIDC requires all funding units moving to a Public Defender model to complete a feasibility study. The feasibility study scope of work will require qualified bidders to provide a caseload analysis and determine personnel needs and personnel costs for a future Public Defender Office in Oakland County. On March 15, 2021, Oakland County submitted a Request for Proposal (RFP) for the Public Defender Officer Feasibility Study. The RFP due date was April 6, 2021. The County received no responses to the RFP by that date. The County started contacting experts recommended by M[DC staff to determine if any of the experts would be willing to provide a response to the RFP through a Single Source Contract under the County's Purchasing policies. David Carroll, Executive Director of the 6te Amendment Center was the only qualified expert to provide a response. The County is in the process of executing a professional services contract with the 6"' Amendment Center this month for a not to exceed amount of $157,475.00 and a contract start date of July 1, 2021 and end date of September 30, 2022. Supplies/Services — ONGOING DATABASE CUSTOMER SUPPORT AND MAINTENANCE — IT Hours, Customer Support (CS): • Customer instruction and training. • Change order reviewand approval. • General customer communications including phone calls and e-mail response, not related to specific projects or maintenance items. • System and security monitoring, system performance/capacity reporting. • General technical orapplication consulting. • Configurations to application, network, terminal, or database security. • Special file restores and backups for specific training (not project specific). • Archive and audit log purging. • System performance tuning. • General team and/or management meetings regarding customers, not project specific. System Maintenance (SM): • Returning a system that is down to full production availability. • Changes made to software tofix functional or processing errors. • Development of one-time programs to fix data problems caused by bugs, or customer error to restore service. • Program Temporary Fix (PTF),hot fixes, and patches. • Database refresh required for testing system maintenance issues to restore service. • Direct AccessStorogeDevice (DASD) allocation changes. • Hours associated with resolving break/fix Service Centercalls. • Hours associated with Problem Management. • Hours associated with correcting data problems or restoring service caused by security breaches. Planned Maintenance and Upgrades (PMU) • Packaged software releases, service packs, or upgrades — all levels (i.e., 2.03 to 2.04 or2.03to 3.x). • Recurring system compliance requirements (i.e. PC], Tax Updates), no new functionality or state / federal mandates. • Database restores or refresh required for testing of Planned System Maintenance and Upgrades. • End of life infrastructure replacement (servers, routers, personal computers, and/or printers). • Proactive operating system or database release research. • Contract renewals for on -going contractual services including Request for Proposal (RFP) preparation (on -going Professional Services contract), not project specific. • CIS Enterprise Data Updates. • Ongoing Disaster Recovery Exercises and remediation. • Modifications or updatesto existing documentation. Cost Estimate for CS, SM and PMU: In this case, the new system will be implemented in a newly created department. Traditionally, we have seen a higher level of support required in the first year when new systems are implemented. 242 Hours ($39,9301 for FY22 (Oct 12021-Sep 30. 2022) for Customer Support, System Maintenance and Planned Maintenanceand Upgrades. L 1 OAKLA' D COL;NN-1Y INDIGENT DEFENSE PROGRAM «V BSITE Website Estimate: eGov IT Staff Implementation total effort 80 hours (40 for District/40 for Circuit) + up to 12 hours per year ongoing support effort MAJOR DELIVERABLES: • New subs ite created within organizational Oakland county website (Oakgov.com) utilizing all current templates and features. U Ongoing technical site support and training. APPROACH: • Initial Site Set Up: u Content planning and design collaboration with digital content implementer. ° Courts staff to create content with IT Website Content Editor support/assistance for usability and placement. o Initial site setup at Oakgov.com/MIDC for similar) Custom Homepage layout and implementation, content pages to use current layouts and features/functions available (e.g. accordion, carousel, contact, event, map, news, table, video). ' Navigation: Home (description), Policy (District/Circuit), Forms (linking to external digital components/fillabie PDF by Courts or new form application by IT), Frequently Asked Questions, Contact Us (or similar). Re-establish similar page content from the Circuit Court's website (Criminal Assignment System) at https://t.,�,vsv.oakgov.com/courts/Ci,cuit/abouti'Pac-es/ca,-.asox within Oakgov/MIDC for District and Circuit ' Up to 15 content pages populated with provided content using configured site features/functions as applicable (additional pages can be added/configured by Courts content editor). Search Engine Optimization and add to Department and Info A_Z listings. Retire/archive current Criminal Assignment System site content and remove from site and Google search engines D Web content editor training for Courts staff. Ongoing Technical Support / System Maintenance:12 hours per year (charged by Quarter when used/requested) o Up to 1 hours per month of technical support/system maintenance o Full site migration to any new site technology initiated by Oakland County. o Website hosting and security/authentication Courts Staff Estimate: Liaison to Courts staff and eGov 80 hours (40 for District/40 for Circuit) o Coordinate timeline and include eGov regarding site content planning u Application or Form processing support, replacements or enhancements a All content/messaging/copy, graphic design and imagery via Service Center Change Order • IT staff will leverage current design template and use departmental logos to implement appropriate design elements. New departmental logo or any additional new imagery would need to be provided. a Online Forms (Application, Payment, etc.) o Effort for Courts staff to be trained to maintain site content after initial launch 3 hours for staff and 3 hours for updated training. Cost Summary: Task Descriptiop Development, Project Management and Implementation of new MIDC website for the Circuit and District courts as described above Maintenance Hours / Year Training Total Development _ cost Hours:- 160 $26,400 12 $1,980 6 $990 178 1 $29,370 Estimate Date: 6/8/2021 FPE#:20-241 WO#:967880 FM-730352 CONSTRUCTION FM-730352-Flooring FM-730352-Architectural FM-730352-Architectural FM-730352-PatchandPai nt FM-730352-Architectural FM-730352-FireSuppression FM-730352-HVAC FM-730443 VOICE & DATA FM-730443-VDJ ack, Cable FM-730562 ELECTRICAL FM-730562-EI ectrica I Lig hting F M-730562-Electrical Lighting Project Estimate FM Project Manager: BATTISHILL, BRETT Project: MI DC offices DESCRIPTION ESTIMATE Floor Transformations $7,339,70 The Sheer Shop $3,143.00 MarxModa-DIRTT architectural wall system S33,891.23 FM&O-patch & paint $3,325,00 Allied Building Services -demo & construction $13,250.00 Service Plumbing -rework fire sprinkler heads $5,000.00 JCI-mechanical work $7,98&81 CONSTRUCTION Total: $73,937.74 FM-731689 SECURITY FM-731689-SecurityCamerasCa rd Reader FM-731689-Locksets FM-731752 SIGNAGE FM-731752-Signage FM-730359 CONTINGENCY FM-730359-Contingency Thumb Alarm $5.039.39 VOICE & DATA Total: $5,039.39 FM&O-electrical,lighting,& lighting controls $58.105.00 JCI-Fire Alarm Strobes $7,685.00 ELECTRICAL Total: $65,790.00 FM&O-card reader $2,700.00 FM&O-locksets S2,000.00 SECURITY Total: $4,700.00 Done Right Signs $2,000.00 SIGNAGE Total: $2,000.00 Contingency 15% $22,720.07 CONTINGENCY Total: $22,720.07 Subtotal: $151,467.13 Contingency: $22,720.07 GRAND TOTAL: $174,187.20 6/8/2021 Oakland County Department of Facilities Management Facilities Planning & Engineering Division 40AKUP O� COU NTY MICH IGAN Date: 5/14/2021 Re: Request for Proposal forAwhltedural wall 5~Construction Services Project:MDCAdministrative Offices (FPE# 20-241 } Please provide a proposal for construction services for the above mentioned project. Fees quoted for this work shall be based on a time and material basis with a not to exceed maximum amount. The scope of work/project description is attached. Please fill in the blanks below. Not to Exceed $ 331891.23 Available Start Date: 7/5/21 Anticipated Duration (wks): 7 Proposal due date: 5/28/21 Johnsonoli- MWK Controls Johnson Controls, Lie, Building Efficiency '_S 75 High Mendow Cirele Auburn Hills, 141148236 Date: 05-25-2021 Count,- of Oakland Faciliri s, \Maintenance and Operations Bi ert Battishill Facilities Pt'oject Manage, Fatalities Planning 8r Engineering Divivon Department of Facilities Management D: 248.858 5460 M: 24872IA205 Project Name: ]IIDC Buildout Johnson Controls is pleased to provide a proposal for the MMDC buildout Scope of Win k: Pro, We the following MIS _4C retrofit work Upon receiving approval JCI to order equipment and provide equipment lead time schedule with Oakland County Facilities. Schedule delivery of units with Oakland County Facilities Coordinate installation labor with Oakland County Facilities. 1. Demo: a. Perform selective demo of blanch duct between high pressure duct main and inlet of VAV boxes in order to accosmodate new duct b. Remove and dispose of (8) existing supply air diffusets c_ Remove and dispose of (3) existing return air grilles_ 2. Sheet \fetal Scope: R. Furnish and insidll new high pressure branch duct to inlet of (4) existing VAVs, including_ Transitional frames to accommodate new duct size. i imeger ELMS flow measuring statimss with sleaves_ b Furnish and install (6) nmv supply air diffusers_ c Famish and install (4) new return air grilles. d. Finnish and install (4) new caudated sound boots for retain au gttlles. e. Seal duct as required by code i. Air Balance Scope: a. Rebalance (4) emsmng VAV boxes_ b Rebalance (10) existing supply an diffusers_ c. Provide report. 4- General: a_ Mechanical permits_ b_ Wmk quoted to be performed during straight time. EXCLUSIONS: I_ Pre-constnrctionairflow measurements 2. Adding of duct insulation. +_ Duct clearamg. 4. Temperature controls scope_ 5. Budding manageman system scope 6_ Fire protection modifications_ 7. Clean up took. inatertals and work areas of JCI related items 8. Check out with Oakland County Facilities Base proposal for above Scope of Work......... _.... ...--- .............................. _.... _.......... _$7,983.81 ui Johnson w. Controls Jolmsotr Controls, Inc. Building Efficiency 2875 High Meadow CmIt Auburn Hills. NE 49236 Clarifirafions and N.&s All work to be perfooted during normal working hours, unless otherwise spenfied. Roofing, and Stmcnual Steej Work of any kind not included unless otherwise specified r proposal includes scope of work as listed above. Repaus, modifications integration into fire system BMS or any nem not Specifically indicated above is not cuntmtly included m this proposal. li'arranhy: parts —(1)year Labor on install (1) year If you should have any further questions_ please call Michael Kmcmk (910) 61.4-5657 (IMPORT�\'T: Th i, proposal incoupolates byreference the terns and conditions out the reverse side hereof.)' This proposal is hereby accepted and Joh ir,ou Controls is authorized to proceed v%ith the work: sabjeet. however, to credit approval by Johnson Controls. Inc.. IMilwalnkee, Wisconsin. Pen chaser - Company None Signature Name: Title: Date: This proposal is valid until. July 1" 2021 JOHNSON CONv CROLS. LqC. Sigiatnre Name: Michael Konczak Title: Accouat Execi tive UYNKJohnson Controls iolmsoll Controls, IRv, Buildins Efficiency &" once 287 s High Meador- Conde :inbui n Hills. N11410236 Terms and Conditions By accepting this proposal, Purchaser agrees to be bound by the following terms and condi ions 1, SCOPE OF WORK. This proposal is based upon the use of straight time lobar only. Plastering, patching, and painting are excluded_ "In4me' duct and piping devices, including, but Fiat limited to valves, dampers. humidifiers, wells, taps, flow meters. orifices etc, if required herenunder to he furnished by Johnson, shall be distributed and installed others under Johnson's supervision but at no additional cost to Johnson. Parchaser agrees to provide Johnson with required field utilities (electricity, Whom, drinking water, project hoist, elevator service, etc_) without charge. Johnson agrees to keep the jab site clean of debits ansing out of its own operations. Purchaser shall not backcharge Johnson for any costs or expenses without Johnson's written consent Unless specifically noted in the statement of the scope of walk or sevices undertaken by JCI under tors agreement, JCI's obligations under this agreement expressly exclude any work or service of any nature associated or connected wi IF the identification, abatement, clean up, control, removal, or disposal, at environmental hazards, or dangerous substances, to Include but not limited to asbestos, or PCBs, discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorize or ernpowerine Purchaser to change, modify, or after the scope of work or services to be performed try JCI shall not operate to compel JCI to perform any work relating to Hazards without JGLs express written consent 2. INVOICE AND PAYMENTS, Johnson may invoice Purchaser monthly for all materials delivered to the lob she or to an oft -site storage facility and for all work performed our -site and off site Purchaser shall pay Johnson at the time purchaser signs this agreement an advance payment equal to 10 % of the contract price, which advance payment shall be credited against the final payment (but not any progress payment) due hereinunder and purchaser agrees to pay Johnson additional amounts invoiced upon receipt of the invoice Waivers of lien Wit be furnished upon request, as the work progresses, to the extent payments are received_ if Johnson's invoice is not paid within 30 days of its issuance, it is delinquent. 3. MATERIALS. If the materials or equipment ntluded in this proposal become temporanly at permanently unavailable for reasons beyond the control and without the fault of Johnson, then in the case of such temporary unavailability. the time for performance of the work shall be extended to the extent hereof, and in the case of permanent unavailability. Johnson shall (a) be excused from famishing said materials or equipment, and (b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cast of a reasonably available substitute therefor 4. WARRANTY. Johnson warrants that the equipment manufacturer by it shall be area trom detects In material and workmanship arming from normal usage for a period of one (1) year from delivery of said equipment, or if installed by Johnson, for a period of one (1) year from installation. Johnson warrants hat for equipment famished and/or installed but not manufactured by Johnson, Johnson will extend the same warranty terms and conditions which Johnson receives from the manufacturer of said equipment For equipment installed by Johnson, if Purchaser provides written notice to Johnson of any such defect within hirty (30) days after the appearance or discovery of such defect, Johnson shall, at its option, repair or replace the defective equipment and return said equipment to purchaser All transportation charges manned in connection with me warranty or equipment not installed by Johnson shall be name by Purchaser_ These war an rem do not extend to any equipment which has been repaired by others, abused, altered ormisused, or which has not been property and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC, PURPOSE. 5_ LIABILITY. Johnson shall not be liable for any special, indirect, or consequential damages ansing in any manner from the equipment or material famished or the work performed pursuant to this agreement S. TAXES. The price of this proposal does not include duties sales, use, excise, or other taxes, unless required by federal, state, or local law Purchaser shall pay, in a eft ion to the staled price, all taxes not legally required to be paid by Johnson or, alternatively, shall provide Johnson with acceptable tax exemption certificates Johnson shall provide purchaser with any tax payment cerMcate upon request and after completion and acceptance of the work_ 7. DELAYS. Johnson shall not be liable for any delay in the performance of the work resulting from or attributed to acts of circumstance beyond Johnson's control, including but not limited to; acts of God, fire, Lots, labor disputes, Carol ions of the premises, acts or omissions of the Purchaser, Owner, or other Contractors or delays caused by suppliers or subcontractors of Johnson, etc. S. COMPLIANCE WITH LAWS. Johnson shall comply with all applicable federal, slate, and local taws and regulations, and shall obtain all temporary licenses and performs required for the prosecution of he work Licenses and permits a permanent nature shalt be procured and paid for by the Purchaser S. DISPUTES. All disputes involving more than $35,000 00 shall be resolved by arbitration in accordance with the rules of the American Arnica ion Association. The prevailing party shall recover aft legal costs and atmoney's fees incurred as a result. Nothing Isere shall limn any nghts under construction lien laws 10. INSURANCE. Insurance coverage in excess of Johnson's standard limits will be famished when requested and required. No credit will be given or premium paid by Johnson for insurance afforded by o hers_ 11. INDEMNITY. The Parties hereto agree to normally each other from any and a0 liabilities, claims, expenses, losses or damages, including attorneys' fees which may Ouse in connection with the execution of the work herein specified and which ate caused, in wtiole or in part by the negligent act oromission of the indemnifying Party. 12. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each n her immediately upon becoming aware of an inspec ion under, or any alleged violation of the Occupational Safety and Health Act relaing in any way to he project or project she 13. ENTIRE AGREEMENT. This proposal, upon acceptance, shall constdum he entire agreement between the par res and supersedes any prior representations or understandings. 14. CHANGES. No change or modilicagon of any of the terms and conditions stated herein shall be among upon Johnson unless accepted by Johnson in whting_ 15. PAYMENT TERMS All services to be paid 50 % upfront vtr»ch will ituhate mobilization of contract. Remainder to be paid upon completion of war,. All, 410AKIAND-177 C 0 U N T Y M I C rI I G A N Proiect Name: MDIC Offices DEPARTMENT OFFACILIPESIN.kGEMENT • FACILIRESPLONNG&ENGINEERIWj Date: 5-24-21 Proiect Number: 20-241 Proiect Description: Reio.ate a sealer oflhfnx4l;ru uj.r RlYW(c SConix(4RC)loeatedonthe semnd furor of the ca_nha,se wec+wlry �xtensror t' hose -ha eea 1,➢IC Hd?cisntly OfNces.;Y_rn'11Include ou,"^ot ftdedie xchileciwal,e,eor"i,HVAC, 1idrwn.PNersa seeattachee b'd documnrtts fer mt'• nce. Proiect Manaaer: Brett Battishill Trades : Electrical Trade Supervisor/Ghlef: Scott Furman J Mike Chiassor, Coun material: LED fixtures, exit signs, conduit, wire, MC cable, dimming MC cable, fittings, boxes, low voltage switching devices and occapancy sensors, time clock device, power packs, Cat 5 cable, etc... Dept.lunit: FM&O County Material Sub -Total: Labor. ' FIRE ALARM WORK ON DIFFERENT ESTIMATE, DONE BY OTHERS DURATION OF WORK: ContractorNendor: Material: ContractorNendor: Labor:2 guys 208 hours each (26 days each) DURATION OF WORK: County Labor Sub -Total: Vendor Material Sub -Total: Vendor Labor Sub -Total: Cost: Cost: 18585 M 0 39520 03 1,' Trade Total: I rOA K I A N TRADE ESTIMATE FOR - C 0 U N' Y M C H I G A N DEPARTMENtOTFFACILI%ESWdAHEMENT KILFIESPLANNING &ENGiNEER.NG Proiect Name: MIDC Offices Date: 5/14/2021 Proiect Number: 20-241 Proiect Description: Renovate a secfion of the o,M!nq Legal Resources Center {LRC) located on the second floor of lne coudhouse v:.:st W hg e>o,nsion to house ne ne,a WDC Ad6risvMtr e Offices, work mil include W,S 1101 11ded to aretutect:lta«. e:e:ttical. NVAC. & telecom. Please see artached bid dorumcnis for reference Proiect Manaaer: Brett Battishill Trades : Fire alarm strobes (WORK DONE BY JCI) Trade Supervisor/Chief: Scott Furman/Mike Chiasson Dept./Unit: FM&O Material: Labor: DURATION OF WORK: ContractorlVendor. Material: Coun Cost: County Material Sub -Total: County Labor Sub -Total' Cost: Vendor Material Sub -Total: ContractorNendor. Labor: THIS IS AN ESTIMATE NOT TO EXCEED FROM JCI FOR THE FIRE ALARM (WORST CASE) DURATION OF WORK: Vendor Labor Sub Total: 0 I 0 7685 7685 r:^u -'z? Trade Total:xk _ a7 DUE DATE: End of day on 5/25 Furman, Scott 13 From: Hunt, Shawn Sent: Wednesday, May 26, 2021 7:06 AM To: Furman, Scott 8 Subject: FW: Oakland County Courthouse From. Eric A Kosche <eric.kosche@jci.com> Sent: Wednesday, May 26, 20216:49 AM To: Hunt, Shawn <hunts@oakgcv.com> Subject: RE: Oakland County Courthouse Shawn, This is worst case with all the permits, drawings, etc. Eri.'A Kosche I Life Safety Systems Exec 1, Electronic Johnson Controls Fire Protection LP 247SS Halsted Rd, rarmington Hills, MI 48335 eri�-lt sche; corn Mobile:248-986-9043 1 Fax: 248-426-6655 v ww oh nsonrontrofs.com From: Hunt, Shawn [mailto:hunts0oakeov.coml Sent: Tuesday, May 2S, 20217:11 AM To: Eric A Kosche <enc.l<oscheO'i, i.c.omi Subject: RE Oakland County Courthouse Good Morning Eric, Thank you for the quote on this work. I am curious, would this be the end price for us to have the one speakerfstrobe added to the building? Isthis price for the worst case scenario? Is the Cad and design necessary for this work? Thanks, From: Eric A Kosche <eric.kosche(a)ici.cnm> Sent: Monday, May 24, 202111:17 AM To: Hunt, Shawn <huntseoakeov.com> Subject: RF— Oakland County Courthouse Shawn, Please see attached. Thanks. 1 Eric A Kosche I Life Safety Systems Exec I, Electronic Johnson Controls Fire Protection LP 24755 Halsted Rd, Farmington Hills, M148335 eric.kosche@ici.com Mobile: 248-986-9043 1 Fax: 248-426-6655 www.iohnsonco ntrols.corn From: Hunt, Shawn fmailto:hunts(@oaknov.coml Sent: Monday, May 17, 202111:20 AM To: Eric A Kosche <eric.l<osche@ici.com> Subject: Oakland County Courthouse Good Morning Eric, I know that this is a tiny job but I was wondering if you were able to give a NTE for the work noted in these plans. Please reference page E-101, Keyed Notes #6. Let me know what you think, Thanks, Shawn Hunt Maintenance Planner Facilities Maintenance HUNTS(@OAKGOV.COM Office — 248-858-1950 Cell — 248-343-0825 Fax — 248-975-9703 D J 2 ControlsJohnson To: Oakland County 1200 N Telegraph Rd PONTIAC. MI48341-1032 Johr-son Consuls Fire Froiect cri LP 24755 Ha;s;ed Road Farmington Hills, Nit 48 33-1,61 ' Johnson Controls Fire Protection LP Quotation Project: Oakland Cty Courthouse WW 2nd FI - CPQ z38573 Johnson Controls Reference: 650088573 Proposal #d: 1 Gate: 05/2412021 Page: 1 of 3 Johnson Controls s pleased to offer for your consideration this quolaton for the alcove ii nject Scope of Work Comments: SalesiUse tax is not included -Tax Exempt Our estimate is based upon all work being performed M-F, 7:15 - 4:15 Johnson Controls Fire Protection standard warranty (1 year) begins upon beneficial use of system Fire, Sominty, Communicarons, Sales S Service Offices $ Representatives m Pr:raoal Cities throughout North Amenca r, 7a20J 'un Ccm:rols F'o P.n10 on-P ALL RIGHTS RESERt Q r Johnston � Controls MODEL OTY NUMBER 1 4906-9130 DSGN LAB CAD LAB PM LAB TECH LAB COMM LAB DPINSTAL DPSVC Project: Oakland Ctv Courthouse VAN 2nd F! - CPO-BBr73 Johnson Controls Refererm 650088573 Proposal #:I Date: 05/24/2021 Page: 2 of 3 DESCRIPTION HORN/STROBE MC WHITE CEILING DESIGN LABOR CAD LABOR PROJLCT/CONSTRUCTION PAGMT TECHNICAL LABOR COMMISSIONING LABOR SUB INSrAI..L LABOR FA PE.RMI IS Total net selling price, FOB shipping point, $7,685,00 The ofoenmentioned yuoto does not include sales tax and sales taxwill be charged in acdition to this quote where applio,,We. Fire, Security. Communicitions, Sales & sernce Of.ices & Renre entat:ves in Prinucot Cities throughout Nrth America .N 70' cJcnr:1a'+cv"'MMfi:tLt'. r"Lt 4:If,4r5 kE5EkL'..^^, P-eject: OakEand Cty Courthouse Wi1v 2nd R _ CPQ-88573 Johnson Cositrols Reference: 65C088573 +, P-opiosal ». i Johnson [late:05/2412021 Controls Paye 3of3 IMPORTANT NOTICE TO CUSTOMER In arras; en« IN., Proposal, 'hi, hens and rmnietkn= (nr biased hteeln and any akechmenls or ndwe attached nemlo Arai ct),Afn 9dd19rnx, i,,!% anI crnnitiuna. I' is uncer%lmd Ihil; hesn torus aA reMdler. sn:+l'. vrnoal over enY varia`on In lags Ind Onnpit6os on any Anil ¢e nrdn* or ottw, d,, w,,ht tn.d 1h, Qi::e Orr way hu,e, Any c*an9e1 n th"vder rns.,c ,,d In P,e (,LSidTb atter6+^ execution cf ei5 ADreemert shapbe pain Ior by tho Cusimaer AM 5lstt &alldes .nail A, 40hai7ed r•,e arg, ATTENTION IS DIREOTEO TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS ON THE FOLLOWING PAGES. This proposal shag be..Id H nol aceepted m WmIny Witb[n 30 day, Irom the date ai the Proposal. Offered By[ ,bo ,nscn CCntMIS =ire Pratectian _P 24755 tia:s:e% Road Farmirgtan Bills. MI 483:35,5812 elephore: Representative: Email Eric koscne r�jcl ram Accopted 8y: {Cusfamer) Company Address: Signature: Tale: Rc.y: Date Fire, Seclrety, Cornmunrcatin p< Sales 8 Senilce Offices 8 Representatives in Principal Cities'hrouShost North Arner:cs ?;sap Jcarsc Gs'eck rip PfptecSen �H. i LWGf^S 4E£ERv-r Proposal LOOK G ransformations 35692 Simon Drive Clinton Twp, MI 48035 1586j703-9014 Cell Floor Transformations@oomcast.net sold To: Oakland County Purchasing Division 2100 Pontiac Lake Road Waterford, MI 48328 Contract # 005001 May 20, 2021 PROPOSAL: OC21943 PAGE: 1 Ship To: O.0 Court Tower -Proj #20-241(MIDC Offices) - 2nd Floor West Wing- Budget to Replace Flooring in MIDCAdminlstrative Offices QTY UNITS DESCRIPTION SELL EXTENDED 169 Sys Mannington Carpet Tile 37.60 6316.80 Style: Ramie Color: Juniper 2 Pails Mannington Infinity Adhesive @ 4gal 1 Lot Mannington Carpet Freight 120 Lft Roppe Wallbase 1.90 228.00 Style: 1/8" Rubber Height: 4" Coved Color: 114 Luner Dust 12 Lft Roppe Wallbase I Closet Reno Repairs) 1.90 22.80 Style: 1/8" Rubber Height: 4" Caved Color: Slate 3 Tubes Mapei 575 Wallbase Adhesive @ 29oz. 2 Bags Ardex Feather Finish 17.95 35.90 42 Lft Demo of existing wallbase 010 4.20 168 Sys Demo of existing carpet 2.00 336.00 8 Hours Minor floor preparation of existing concrete prior to 33.00 264.00 installation of new carpet tile 168 Sys Installation of Mannington Carpet Tile 132 Lft Installation of Roppe Wallbase 4 Hours Repairs to existing finished as need due to construction 33.00 132.00 Notes: 1. Quotes are for budget purposes only. 2. Project is to be done during regular hours. 3. Quote does not include any removal of asbestos tile should it be present or need to be abated. Proposed By: i31iCFhze[Zak Kqt Date: Mav 20.2021 Accepted By: Date: SUBTOTAL. .............. SALES TAX....... FINAL TOTAL..._........ J 7339.7D 0 00 7,339.70 Oakland County i `Q Department of Facilities Management Facilities Planning & Engineering Division 4TOAKI Date:111/2021 COUNTY MICHIGAN Re: Request for Proposal forArrhiral Construction Services Project:MIDCAdminisrasveomcas (FPE#2a2a7 ) Please provide a proposal for construction services for the above mentioned project. Fees quoted for this work shall be based on a time and material basis with a not to exceed maximum amount. The scope of work/project description is attached. Please fill in the blanks below. Not to Exceed $ 13,250,00 Available Start Date: 1 Week Uoon Award Anticipated Duration (Wks): 2 weeks Proposal due date: 5/25/21 Project Description: Estimate to install Voice/Data cabling for MIDC Administration office at Buildinq 14E. Assumptions: Install nine voiceldata locations and remove and replace two ceilinq speakers. Cost Description Materials - Billable Material relating to indoor and outdoor cable installation (THUMB) Labor - Billable Cable installation (THUMB) Remove and replace ceiling speakers, Information Technology - Non -billable Grand Total Note: Contingency is not included in the above estimates. Facilities Planning will include contingency for the above materials and labor in their total project contingency estimates. mare Pei Units 'Unit Total Cost 9 $213.71 $1,923,39 9 $32&00 $2,952.00 4 $41.00 $W4.00 $5,039.39 SSIIEE[i Slltlf' 7393 23 We Road Shelby Twp. MI 48316 586-731-4499 586-731-7301 fax kristen(a sheershop.com TO Oakland County Brett Battishilt SALESPERSONI Kristen I WDC Admin, Offices JOB g QTY. PRODUCT ' DESCRIPTION 9 7.00 tAanuat Shades Draper NEXD 3% flexshades, with fascia, installed "L angles on intenor sidelite To accept this quotation, sign here and return: Date: THANK YOU FOR YOUR BUSINESS! DATE: 5/25/21 EXPIRATION DATE: 8/25f21 PAYMENT I DUE DATE TERMS LINE TOTAL $3,143 SUBTOTAL $3,143 TAX RATE I exempt SALES TAX ' $n TOTAL $3,143 REQUEST: 1, The Oakland County Board of Commissioners accepts the FY 2022 Michigan Indigent Defense Commission Grant Program from the Michigan Department of Licensing and Regulatory Affairs in the amount of $5,799,650.39 for the period of October 1, 2021, through September 30, 2022 2 Deletes one (1) FTE SR Corrections Deputy I position (#4030401-12226). 3. Continues one (1) FTE SR Correction Deputy I position (#4030301-12225) within the Sheriffs Office. 4 Continues the following positions currently located within the Circuit Court: one (1) FTE SR Chief Attorney — Indigent Defense position (#3010101-12216), one (1) FTE SR Indigent Defense Administrative Supervisor position (#3010101-12217) and one (1) FTE SR Financial Services Technician II position (#3010301-12218). 5 Continues four (4) FTE SR District Court Clerk positions (#3020201-12219, 3020301-12220, #3020401-12221, and #3020501-12222) currently located within each one of the 52nd District Courts. 6 Continues two (2) FTE SR Community Correction Specialist II positions (#1070402-12223 and 12224) within the Community Corrections. 7. Creates a new division titled Indigent Defense Services Office, within the County Executive Department. 8. Creates the following new units within the County Executive Department, Indigent Defense Services Office Division: Administration Indigent Defense Services 9. Transfers the following positions to the County Executive Department, Indigent Defense Services Office Division, Administration Unit: From Department Position Number Classification Circuit Court 3010101-12216 Chief Attorney — Indigent Defense 10. Transfers the following positions to the County Executive Department, Indigent Defense Services Office Division, Indigent Defense Services Unit: From Department Position Number Classification Circuit Court 3010101-12217 Indigent Defense Administrivia Supervisor Circuit Court 3010301-12218 Financial Services Technician II Circuit Court 3010301-07892 Court Appointment Specialist District Court 3020201-12219 District Court Clerk District Court 3020301-12220 District Court Clerk District Court 3020401-12221 District Court Clerk District Court 3020501-12222 District Court Clerk 11. Laterally reclassifies the following positions Position # From 3010301-07892 Court Appointment Specialist 3020201-12219 District Court Clerk 3020301-12220 District Court Clerk 3020401-12221 District Court Clerk 3020501-12222 District Court Clerk To Indigent Defense Appointment Specialist Indigent Defense Clerk Indigent Defense Clerk Indigent Defense Clerk Indigent Defense Clerk 12. Changes the salary grade of the following classifications: Classification From Grade To Grade Indigent Defense Administrative Supervisor UNI/119 UNI/123 13. Creates two (2) FTE SR Indigent Defense Clerk positions within the County Executive Department, Indigent Defense Services Office, Indigent Defense Services Unit. PROPOSED FUNDING: Michigan Indigent Defense Commission (MIDC) Grant. I1TL�:uLw" E The Michigan Indigent Defense Commission (MIDC) has awarded Oakland County grant funding in the amount of $5,799,650.39 for the period of October 1, 2021, through September 30, 2022. The total program budget is $7,650,353,49, which includes the required local share contribution by Oakland County in the amount of $1,850,703.10. The FY2022 grant award is $462,976.19 more than the previous year's award. The Michigan Indigent Defense Commission Act (MIDC Act), MCL 780.981, et al., requires local funding units to take over the delivery of indigent defense systems, MCL 780.983(g) and MCL 780.993(10) as specified in standards 1 — 5. The MIDC Act requires Oakland County to create an annual compliance plan and cost analysis required to deliver indigent defense services in compliance with the approved MIDC standards, MCL 780.993(3). The MIDC Act requires the MIDC to appropriate funds and provide grant monies to local funding units for the costs in excess of the local share to continue to provide indigent defense services that are in compliance with the minimum standards established by the MIDC, MCL 780.993(6). The award provides funding to Oakland County for the purpose of continuing to bring indigent defense systems into compliance with the first four approved minimum indigent defense standards, MCL 780.993(6). The award further provides funding to Oakland County for the purpose of creating an Indigent Defense Services Office to bring the County into compliance with MIDC Standard 5 and MCL 780.991(1)(a). MIDC Standard 5 and MCL 780.991(1)(a) requires the delivery of indigent defense services be independent of the judiciary. Standard 5 requires that that qualification, appointment and compensation for indigent defense counsel be independent of the judiciary. Standard 5 requires that the evaluation, approval or denial of indigent defense attorney requests for experts and investigators be independent of the judiciary. Oakland County is the local funding unit for the 61h Circuit Court and the four election division districts of the 52"d District Court where indigent defense services are required under the Sixth Amendment to the United States Constitution and the Article 1 Sec 20 of the Michigan Constitution. It is proposed to create a new Indigent Defense Services Office under the County Executive Department titled the Indigent Services Office to meet the requirements under Standard 5 and MCL 780.991(1)(a), which requires judicial independence. It is proposed to transfer all adult indigent defense service positions of the Oakland Circuit Court and the four election division districts of the 52"d District Court to the Indigent Defense Services Office. The grant award deletes one (1) FTE SR Corrections Deputy I position (#4030401-12226) due to decreased need identified via a time study conducted. The grant award funds one (1) FTE SR Corrections Deputy I position (#4030301-12225) within the Sheriffs Office. The grant award funds the following positions currently located within the Circuit Court: one (1) FTE SR Chief Attorney — Indigent Defense position (#3010101-12216), one (1) FTE SR Indigent Defense Administrative Supervisor position (#3010101-12217) and one (1) FTE SR Financial Services Technician II position (#3010301-12218). The grant award funds four (4) FTE SR District Court Clerk positions (#3020201-12219, 3020301-12220, #3020401-12221, and #3020501-12222) currently located within each one of the 52nd District Courts. The grant award funds two (2) FTE SR Community Correction Specialist II positions (#1070402-12223 and 12224) within the Community Corrections. The grant award funds the creation of two (2) FTE SR Indigent Defense Clerk positions to be located within the new Indigent Defense Services Office, Indigent Defense Services Unit to assist with the additional clerical responsibilities that will result due to judicial independence. It is proposed to reclassify five (5) positions to align their classifications titles with judicial independence from the Circuit and District Court. It is proposed to change the salary grade of the Indigent Defense Administrative Supervisor from UNI/119 to UNI/123 to accurately reflect the increased responsibilities the position has taken on due to judicial independence COUNTY EXECUTIVE RECOMMENDATION: Recommended as Requested. PERTINENT SALARIES FY 2021 *Note, Annual rates are shown for illustrative purposes only. Class Gr Period Base District Annual Court 109 Bi-wkly Clerk Indigent Annual Defense 109 Bi-wkly Clerk Court Annual Appt. 112 Bi-wekly Annual Services 112 Bi-wekly Tech.11 Indigent Defense Annual 112 Appt. Bi-wekly Specialist Corrections 009 Annual Deputy I Bi-wekly Community Annual Corrections 119 Bi-wkly Specialist II Indigent Defense Admin 119 Annual Bi-wkly Supervisor (Current) 34,771 1,33735 34,771 1,33735 40,252 1,548.15 40,252 1,548.15 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 36,459 38,147 39,835 41,523 43,211 44,899 46,587 1,402.27 1,46719 1,532.12 1,597.04 1,661.96 1,726.88 1,791.81 36,459 38,147 39,835 41,523 43,211 44,899 46,587 1,402.27 1,467.19 1,532.12 1,597.04 1,661.96 1,726.88 1,791.81 42,206 44,160 46,114 48,068 50,022 51,976 53,930 1,62331 1,698.46 1,773.62 1,77362 1,923.92 1,999.08 2,074.23 42,206 44,160 46,114 48,068 50,022 51,976 53,930 1,623.31 1,698.46 1,773.62 1,773.62 1,923.92 1,999.08 2,074.23 40,252 42,206 44,160 46,114 48,068 50,022 51,976 53,930 1,548.15 1,623.31 1,698.46 1,773.62 1,773.62 1,923.92 1,999.08 2,074.23 40,101 43,398 46,045 50,424 55,625 59,889 65,817 1,542.34 1,669.15 1,77098 1,939.40 2,139.44 2,303.42 2,531.43 56,639 59,388 62,138 64,887 67,637 70,386 73,136 75,885 2,17842 2,284.15 2,389.92 2,495.65 2,601.42 2,70715 2,81292 2,918.65 56,639 59,388 62,138 64,887 67,637 70,386 73,136 75,885 2,17842 2,284.15 2,389.92 2,495.65 2,601.42 2,707.15 2,812.92 2,918.65 Indigent Defense Admin Supervisor (Proposed) Chief Attorney Indigent Defense 123 Annual 68,845 Bi-wekly 2,647.88 DEO Annual 143,124 /1 Bi-wekly 5,504.77 72,187 75,529 78,871 82,213 85,555 88,897 92,239 2,776.42 2,904.96 3,033.50 3,162.04 3,290.58 3,419.12 3,547.65 146,702 150,370 154,129 157,982 161,932 165,980 170,914 5,642.39 5,783.45 5,928.03 6,076.24 6,228.14 6,383.84 6,573.62