HomeMy WebLinkAboutResolutions - 2021.11.10 - 3500940AKLANDF
COUNTY MICHIGAN
BOARD OF COMMISSIONERS
November 10, 2021
MISCELLANEOUS RESOLUTION #21-463
Sponsored By: Penny Luebs
IN RE: FY 2022 Michigan Drug Court Grant Program
Chairperson and Members of the Board:
WHEREAS the 52nd District Court, Division IV (Troy) applied for and was awarded a grant from the State
Court Administrative Office (SCAO), Michigan Drug Court Grant Program (MDCGP) in the amount of
$120,000 for the grant period October 1, 2021, through September 30, 2022; and
WHEREAS the court intends to continue the Drug Court to assist in addressing the problems of increasing
recidivism, increasing use of alcohol and illegal drugs, rising system costs, and an increase in jail days ordered:
and
WHEREAS the grant award provides continuation funding for one (1) SR full time eligible (FTE) Probation
Officer position (43020505-11892) in the Probation Unit; and
WHEREAS the grant award also provides funding for drug and alcohol testing, participant incentives,
counseling services and Michigan Association of Treatment Court Professionals (MATCP) conference expenses
for ongoing education; and
WHEREAS this grant is conditioned upon continued interpretation of the contract consistent with the
September 28, 2021, letter from SCAO, providing that assurance 43 of this year's grant application and
agreement shall not be construed as a mandate for future funding of the program from the funding unit, said
letter attached hereto and incorporated by reference herein; and
WHEREAS there is no grant match required; and
WHEREAS the grant acceptance has completed the Grant Review Process in accordance with the Grants
Policy approved by the Oakland County Board of Commissioners at their January 21, 2021 meeting.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the FY
2022 Michigan Drug Court Grant Program from the State Court Administrative Office in the amount of
$120,000, for the period of October 1, 2021, through September 30, 2022.
BE IT FURTHER RESOLVED to continue one (1) SR FTE Probation Officer position (43020505-11892) in
the Probation Unit.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment, and continuation of the special revenue positions in the grant is contingent upon future levels of
grant funding.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute
the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original
award, which are consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that the budgets are amended as detailed in the attached Schedule A.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
Date November 16, 2021
David Woodward, Commissioner
AAA
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Date. November 16 2021
Hilarie Chambers, Deputy County Executive II
4��
Date: November 16, 2021
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2021-11-02 Public Health & Safety - recommend to Board
2021-11-10 Full Board
VOTE TRACKING
Motioned by Commissioner Christine Long seconded by Commissioner Kristen Nelson to adopt the attached
Grant Acceptance: FY 2022 Michigan Drug Court Grant Program.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Chuck Moss, Marcia Gershenson, Yolanda
Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert Hoffman, Adam Kochenderfer (18)
No: None (0)
Abstain: None (0)
Absent: (0)
The Motion Passed.
ATTACHMENTS
Grant Review Sign -Off
2. D52 4 Hybrid award letter
3. FY 22 Grant budget_ Redacted
4. 52-4 DC (Troy) FY 2022 Drug Court Grant (SCAO) Sched A
5. 52-4 Hybrid MDCGP
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, 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 November 10, 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 Wednesday, November 10, 2021.
t {m.
Lisa Brown, Oakland County Clerk/Register of Deeds
GRANT REVIEW SIGN -OFF — 52"d District Court, 4' Division
GRANT NAME: FY 2022 Michigan Drug Court Grant Program
FUNDING AGENCY: State Court Administrative Office (SCAO) of Michigan
DEPARTMENT CONTACT PERSON: Patricia Bates/(248) 528-8584
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 10/18/21
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The Board of Commissioners' liaison committee resolution and grant acceptance package (which should include this sign -
off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of
the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved by M & B — Lynn Sonkiss 10/14/2021.
Draft resolution to be updated for the budget amendment
Human Resources:
Approved by Human Resources. Continues one (1) position with no changes, so HR action is not
needed.
Risk Management:
Approved by Risk Management. — R.E. (10/18/21)
Corporation Counsel:
Approved. — Heather Lewis 10/18/21
Thomas P. Boyd
State Court Administrator
Ll
Michigan Supreme Court
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
Phone 517-373-0129
September 28, 2021
Honorable Joseph G. Fabrizio, Chief Judge
52nd District Court - Division 4
520 W. Big Beaver Road
Troy, MI 48084
Re: Michigan Drug Court Grant Program Award Notification
52-4 District Court — Hybrid DWI/Drug Court
SCAO UI: U10105
Dear Chief Judge Fabrizio:
I am pleased to inform you that your court has been awarded a grant in the amount
of $120,000 from the Michigan Drug Court Grant Program administered by the State
Court Administrative Office. This award is for the grant period October 1, 2021, through
September 30, 2022.
Your court's fiscal year 2022 contract will be e-mailed from DocuSign to your project
director, Patricia Bates. Signed contracts must be returned by December 17, 2021. The budget,
based on your court's actual award, must be updated in WebGrants by November 5, 2021.
Instructions for revising your budget are attached to the message your project director will
receive from WebGrants.
If you have any questions about the grant or need assistance regarding best
practices, please contact Andrew Smith at 517-373-0954 or at smitha(a),courts.mi. e_ ov. For
assistance in publicizing the success of your court, please contact John Nevin at
517-373-0129 or nevini(aWcourts.mi.eov.
September 28, 2021
Page Two
Finally, you should know that the Michigan Supreme Court appreciates your
effort and passion presiding over these life-saving courts. You and your treatment court
team are to be commended for making a difference in so many lives.
Sincerely,
Q
t ��U
Thomas P. Boyd
State Court Administrator
cc: Honorable Maureen McGinnis
Honorable Kirsten Hartig
Andrew Smith, Problem -Solving Courts Manager
Jennifer Phillips, SCAO Region VI Administrator
Dana ONeal, Court Administrator
Patricia Bates, Drug Court Project Director
•5 - Fiscal Year 2022 MichiganDrug Court
r • Operational an• Planning Programs
Application Details
Funding Opportunity:
24806-Fiscal Year 2022 Michigan Drug Court Grant Program (MDCGP) Operational and Planning Programs
Funding Opportunity Due Date: Jul 7, 2021 3:00 PM
Program Area:
Status:
11 /05/2021
Stage:
Initial Submit Date:
Initially Submitted By:
Last Submit Date:
Last Submitted By:
Contact Information
Primary Contact Information
Name:
Title:
Email*:
Address*:
Michigan Drug Court Grant Program (MDCGP)
Correcting
Final Application
Jul 1, 2021 11:06 AM
Dana O'Neal
Ms. Patricia Middle Name Bates
Salutation First Name Last Name
batesp@oakgov.com
520 W. Big Beaver
Troy Michigan 48084
City State/Province Postal Code/Zip
Phone*: (248) 528-8584 Ext.
Phone
Fax: (248) 524-6454
###-###-####
To access the WebGrants Access form click here.
WebGrants Authorization
Approval Form:
Organization Information
Name*:
Organization Type*:
Tax Id:
Organization Website:
Address*:
52nd District Court Fourth Division - Oakland County (D52-4)
State Court Administrative Office
520 W. Big Beaver Road
Troy Michigan 48084
City State/Province Postal Code/Zip
Phone*: (248) 528-0400 Ext.
Fax: ####
FY 22 Abbreviated Application
Program Information
Select your court*:
D52-4 (Troy) Oakland
County*:
Oakland
Please pick your program type*:
Hybrid DWI/Drug Court
Federal Tax ID *:
38-6004876
Is this a regional program? *:
No
Chief Judge *:
Joseph Fabrizio
Program Judge 1 Name*:
Maureen McGinnis
Program Judge 1 Email
mcginnism@oakgov.com
Address*:
Program Judge 2 Name:
Kirsten Hartig
Program Judge 2 Email
hartigk@oakgov.com
Address:
Program Judge 3 Name:
Program Judge 3 Email
Address:
Program Judge 4 Name:
Program Judge 4 Email
Address:
Court Administrator*:
Dana O'Neal
Financial Officer*:
Kyle Jen
Project Director*:
Patricia Bates
Project Director E-mail
batesp@oakgov.com
Address*:
Project Director Phone
248-528-8584 Ext.
Number*:
DCCMIS Administrator Name*:
Patricia Bates
DCCMIS Administrator E-mail
batesp@oakgov.com
Address*:
DCCMIS Administrator Phone
248-528-8584 Ext.
Number*:
Authorizing Official (individual
David Woodward
who will sign the grant contract)
Name*:
Authorizing Official E-mail
woodwardd@oakgov.com
Address*:
Authorizing Official Phone
248-858-1572 Ext.
Number*:
Authorizing Official Title *:
BOC Chairman
SIGMA Vendor ID #*:
cv0048080
This number begins with CV, followed by 7 digits. Review previous payments from the State for this number. If you are having
difficulty please contact courtservices@courts.mi.gov
Program Operations
Is the program applying for Operational Application
planning or operational funds?
How many years has the 8
program been operational?
What is the program's capacity? 50
What is the current number of 20
active participants? :
Does the program accept Yes
transfers? :
Please identify any major
personnel, capacity, or program
changes that differ from fiscal
year 2021. :
In FY21, funding was requested to add a Peer Recovery Coach but the costs came in higher than anticipated. The
PRC was deemed a high priority as it considered value added programming is assisting participants in
their sobriety. To appropriately fund the PRC, the interlock funding was moved into that line item. We are
requesting more fudning to cover the cost of the PRC and funding again this year for interlock.
We would also like to continue to pursue a criminogenic risk assessment tool as we realize the importance in
regards to best practices and placing the appropriate defendants in the program. We also would like to pursue a
multi -track program, based on the level of supervision participants require and such a tool would assist us in
making those determinations.
Are you requesting more grant Yes
funds than the program was
awarded last year?:
Please explain why more funds
are requested based on the
operations of your program. For
example, drug test cost
increases, program expansion,
etc. :
There are several important reasons we are requesting additional funds for FY22:
Substance use testing — it has been necessary to increase number of drug panels. Over the years, the importance
of adding or changing panels has become imperative in monitoring substance use and abuse in the program.
Screens have increased from 5 to 7, to now 10 plus as participants are using new substances they know are not
being tested for. We have to evolve with their use. Randomly a panel is added, such as Kratom, which is quite
costly. An increase in panels means an increase in pricing.
In FY21 we were able to add a Peer Recovery Coach (PRC) to our program but to get the full advantage of having
a PRC, we need to budget for more hours. In FY21 the hourly rate also came in higher than expected. A PRC is
such a value added programming feature, we felt it was worth it. As a tool in supporting our participants in their
sobriety, it is invaluable. Oakland County Health Network assisted in securing the PRC and they advised the
importance of having one on the team and "don't know how sobriety courts do it without one."
With Covid-19, many of our participants are struggling with their mental health, substance abuse and finances.
Additional funds allows us to alleviate some of this stress in the form of assistance with testing, counseling, PRC,
and interlock.
Will the program receive No
funding or, has the program
applied for funding from another
source (non SCAO-local, state
or federal) for the upcoming
fiscal year? *:
Please provide the following information
1.) Have you received notification of award?
2.) What is the funding source?
3.) What is the maximum amount per year?
4.) When will the funds expire?
5.) Are these funds restricted? If yes, please explain.
Budget
Personnel
Other Grant Or
Local Cash
Local In -Kind
Name Position Computation Request
Funding Source
Contribution
Contribution Total
Probation $31.15x2080 $64,800,65
$0.00
$0.00
$0.00 $64,800.65
Officer
$64,800.65
$0.00
$0.00
$0.00 $64,800.65
Personnel
Describe the personnel costs (i.e., wages) associated with the proposed project.
FTE 2080 hours x ($31.15) -- this includes estimated raises an employee may be eligible for in
FY22. mime will be spent on DTC case management, 40 hours per week. Our DTC full-time probation
officer is supported by the grant funding but other staff funded by Oakland County spend several hours of their
week to coordinate, supervise and support DTC casework. It is estimated that the probation supervisor, who is
also the DTC coordinator, spends approximately 80% of her time working on DTC administration between the two
Judges. Probation clerical staff also assists in DTC programming in addition to probation needs. In order to
maintain our certification and consistently achieve best practices, we are requesting that our current full-time
probation officer position be continued.
Fringe Benefits
Other Grant
Or Funding Local Cash In -Kind
Types of Fringe Benefits to be Claimed Request Source Contributions Contributions Total
Workers Comp, Life, Retirement, $34,394.75 $0.00 $0.00 $0.00 $34,394.75
Hospitalization, Social Secuirty, Dental,
Disabilty, Unemployment
$34,394.75 $0.00 $0.00 $0.00 $34,394.75
Fringe Benefits
Describe in detail each fringe benefit amount. If you are requesting funds in the "Other" category, include a detailed description
of those expenses.
WORKERS COMP $699.85
GROUP LIFE $142.56
RETIREMENT $15818.84
HOSPITALIZATION $10725.96
SOCIAL SECURITY $4957,25
DENTAL $867.04
DISABILITY $1004.41
UNEMPLOYMENT $64.80
OPTICAL $125.04
Contractual
Other
Service to
Grant or
Local In -
be
Funding
Local Cash
Kind
Provided
Contractor(s)
Computation
Request
Sources Contribution Contribution
Total Subrecipier
Testing
TAP, ADAPT,
see narrative
$10,000,00
$0.00
$0.00
$0.00 $10,000.00 Contractor
House Arrest,
justification
Home
Confinement,
Results
Peer
Oakland
$31 x 200 hours
$6,200.00
$0.00
$0.00
$0.00
$6,200.00 Contractor
Recovery
County Health
Coach
Network
Counseling RAC, ETRS,
$75 per session x
$1,875.00
$0.00
$0.00
$0.00
$1,875,00 Contractor
Rivers' Bend,
5 participants x 5
Class A
sessions
Interlock
TBD
$50 enrollment x 5
$0.00
$0.00
$0.00
$0.00
$0.00 Contractor
device
participants;$4lday
enrollment
x 30 days x 5
and daily
participants
rate
Emotional
10 participants x
$0.00
$0.00
$0.00
$0.00
$0.00 Contractor
Freedom
$50
Technique
(Tapping)
$18,075.00
$0,00
$0,00
$0.00
Contractual
Describe the contractual costs associated with the proposed project.
Drug Testing — testing is the comer stone of a sobriety court and essential for monitoring sobriety. It is also very
costly with monthly tests costing upwards of $420 per month per participant in the first four months of the
program. The probation officer identifies which participants are struggling financially or the participant may request
assistance. They must fill out a financial need form and document their monthly expenses. The Program
Coordinator then reviews this information, discusses it with the supervising probation officer and authorizes or
denies assistance. Those participants that are receiving assistance are reviewed monthly. Participants are also to
be working on improving their financial situation and are referred to MiWorks or Kelly Services. Assistance can be
for a one time test for those who are just short on cash one day, up to 100% assistance. Generally it is 50%
assistance.
The listed agencies provide urine drug screens, EtG, special single panel testing (Kratom for example).
Drug screens and EtG — $25 to $41
Specific panel testing — $50 to $80
Comprehensive panels — $75 to $100
Electronic Monitoring in the form of transdermal alcohol devices TAD or SCRAM, or hand held Soberlink breath
test machines. Some agencies agree to waive their Enrollment, which can be $50 and the fee for electronic
monitoring $11/day. GPS $14/day.
Peer Recovery Coach: an individual who has lived experience in receiving services and/or supports for a
substance use condition. They serve as a guide to initiate, achieve and sustain long-term recovery from addiction
including medication assisted, faith based, 12 step and other pathways to recovery. Ways in which they may serve
DTC would be attendance at team meetings and sessions, communication with participants by telephone, text or
email, taking participants or meeting them at support group meetings.
Counseling — listed agencies provide outpatient, IOP or group counseling — $75/per session, 5 participants for
5 sessions.
Interlock device — 5 participants, $50 enrollment, $4/day monitoring for 30 days (suspended)
Emotional Freedom Technique or Tapping — one 1.5 hour session (minimum 10 participants at $0/participant
(suspended)
Supplies
Other Grant or
Type of
Funding
Local Cash
Local In -Kind
Supply
Computation
Request
Sources
Contribution
Contribution Total
Approved
4 graduations at
$0.00
$0.00
$0.00
$0.00 $0.00
graduation
$75/graduation ceremony
items
Incentives
Phase Advance or All Star
$1,509,60
$0.00
$0.00
$0.00 $1,509.60
$15x50, grad gifts $25x30
Folders,
50 participants x $10
$0.00
$0.00
$0.00
$0.00 $0.00
planners,
journals
$1,509.60
$0.00
$0.00
$0.00
Supplies
Describe the supply costs associated with the proposed project.
This includes 80 participant incentives. The value of each incentives will not exceed $15, except graduations
which is capped at $25.
Travel and Training
Type of Travel or
Training Computation
MATCP conference 4 x $305
training for $450 for one court
risk/needs staff member
assessment
Other Grant or Local Cash Local In -Kind
Request Funding Sources Contribution Contribution Total
$1,220.00 $0.00 $0,00 $0.00 $1,220.00
$0.00 $0.00 $0.00 $0.00 $0.00
$1,220.00 $0.00 $0.00 $0.00
Travel and Training
Describe the travel and training costs associated with the proposed project.
The travel line item includes funding for four MATCP conference fees for DTC team members at a cost of $305
each. In -Kind includes hotel, meals and mileage for the conference.
Fee of $450 for one team member to attend training on how to administer a criminogenic risk and needs
assessment tool (suspended)
Total Budget
Budget
Other Grant or Funding
Local Cash
In -Kind
Category
Request Sources
Contributions
Contributions Total Cost
Total
$120,000.00 $0.00
$0.00
$0.00 $120,000.00
Oakland County, Michigan
52-4 DISTRICT COURT (TROY) - FY 2022 MICHIGAN DRUG COUR GRANT PROGRAM -ACCEPTANCE
Schedule "A" DETAIL
Fund
WE
I Fund Name Division Name
I Fund #
I Division #
I Affiliate Program #
Account #
Account Title
DRUG COURT DISTRICT 524 SCAO FUND (#271671
GRANT
GR0000001015, Bud Ref 2021 Activity. GLB Analysis GLB
R
Drug Court District 54-4 SCAO Distnot Court Probation
27167
3020505
121050
615571
State Operating Grants
Total Revenue
E
Drug Court District 54-4 SCAO Dislnct Court Probation
27167
3020505
121050
702010
Salaries Regular
E
Drug Court District 54-4 SCAO District Court Probation
27167
3020505
121050
722740
Fringe Benefits
E
Drug Court District 54-4 SCAO District Court Probation
27167
3020505
121050
730373
Contracted Services
E
Drug Court District 54-4 SCAO Distinct Court Probation
27167
3020505
121050
730458
Drug Testing
E
Drug Court District 544 SCAO District Court Probation
27167
3020505
121050
732018
Travel and Conference
E
Drug Court District 54-4 SCAO District Court Probation
27167
3020505
121050
750245
Incentives
Total Expenditures
DRUG COURT DISTRICT 52-4 SCAB FUND 1#271671
GRANT
GR0000001130, Bud Ref 2022 Activity GLB Analysis: GLB
E
Drug Court District 54-4 SCAO District Court Probation
27167
3020505
121050
615571
State Operating Grants
Total Revenue
E
Drug Court District 54-4 SCAO Distnct Court Probation
27167
3020505
121050
702010
Salaries Regular
E
Drug Court District 544 SCAO Dislnct Court Probation
27167
3020505
121050
722740
Fringe Benefits
E
Drug Court District 54A SCAO District Court Probation
27167
3020505
121050
730373
Contracted Services
E
Drug Court District 54A SCAO District Court Probation
27167
3020605
121050
730458
Drug Testing
E
Drug Court District 54-4 SCAO Distinct Court Probation
27167
3020505
121050
732018
Travel and Conference
E
Drug Court District 54-4 SCAO District Court Probation
27167
3020505
121050
750245
Incentives
Total Expenditures
FY 2022 FY 2023 FY 2024
Amendment Amendment Amendment
$ 1120,000)
$ (120,000)
(57,263) - -
(34,214) - -
19,190)
(15,000) - -
(1,670)
(2,663)
$ (120,000)
$ 120,000
$ 120,000
64,800
34,395
8,075
10,000
1,220
1.510
$ 120,000
Michigan Supreme Court
State Court Administrative Office
Michigan Drug Court Grant Program
Fiscal Year 2022 Contract
Grantee Name:
52-4 District Court — Hybrid DWI/Drug Court
Unique Identifier:
U10105
Federal ID Number:
38-6004876
Contract Number:
25365
Grant Amount:
$120,000
1. DEFINITIONS GOVERNING CONTRACT
The definitions below govern the terms used in this Contract.
1.01 The term "Authorizing Official" means an official of the Grantee who has the legal
authority to, is authorized to, and can legally sign contracts on behalf of the Grantee and bind the Grantee
to the terms of the contracts, including this Contract.
1.02 The term "Contract" as used in this document means the Contract between the State Court
Administrative Office (the "SCAO") and Grantee, and includes any subsequent amendments thereto.
1.03 The term "Confidential Information" means confidential and/or proprietary information
belonging to the SCAO which is disclosed to the Grantee or which the Grantee otherwise learns of during
the course of or as the direct or indirect result of rendering its Services for the SCAO.
Confidential or Proprietary Information is information not generally known to third parties or to others
who could obtain economic value from their disclosure or use of the information. This includes all
proprietary technical, financial, or other information owned by SCAO or any of its vendors, including
by way of illustration, but not limitation, computerized data, codes, programs and software, written
material, inventions, whether or not patented or patentable, designs, works of authorship, works subject
to or under copyright protection, trade secrets or trademark — protected material, performance standards
concepts, formulae, charts, statistics, financial records and reports of the SCAO or any entity otherwise
affiliated with the SCAO. Confidential or Proprietary Information also includes all confidential and
proprietary material that the Grantee may design, author, create, distribute or produce during the term of
this Contract when rendering Services thereunder. All information gained during the course of Grantee's
retention should be presumed confidential unless the information is clearly identified otherwise or the
circumstances of disclosure demonstrate it not to be confidential.
1.04 The term "Effective Date" means the date upon which this Contract becomes effective,
which is the date the Contract is signed by both Parties. If the Parties do not sign the Contract on the
same date, the latest specified date will become the Contract's effective date.
1.05 The term "Employee Benefits" means any and all employee benefits the SCAO provides
to its employees, including, but not limited to, workers' compensation, retirement, pension, insurance,
fringe, educational training, holiday/sick/vacation pay benefits, or any other similar benefits.
1.06 The term "Grant Amount" is the amount specified as "Grant Amount" on the first page
of this Contract.
1.07 The term "Grantee" as used in this Contract includes the Grantee(s)/party(ies) with which
the SCAO is contracting and the employees with which the SCAO is contracting.
1.09 The term "Grantee's agents" as used in this Contract includes the Grantee's agents,
subcontractors, vendors, and subrecipients.
1.09 The term "Inventions, Patented and/or Copyrighted Materials" means such writings,
inventions, improvements, or discoveries whether or not under an existing copyright, patent or
copyright/patent application or any other third party intellectual property right that were written,
invented, made, or discovered by the Grantee, including its employees, agents and/or subrecipients
jointly with the SCAO while engaged in Services under this Contract.
1.10 The term "Liabilities" means any and all liabilities, obligations, damages, penalties,
claims, costs, fees, charges, and expenses, including, but not limited to, fees and expenses of attorneys
and litigation related to the Services provided.
1.11 The term "Parties" includes the SCAO, Grantee, and all of their employees.
1.12 The terms "Program Expenses" and "Expenses" mean all expenses including, but not
limited to, license fees and all other types of fees, memberships and dues, automobile and fuel expenses,
insurance premiums, copying costs, telephone costs and all other types of costs, and all salary and
expenses incurred by the Grantee, and all other compensation paid to the Grantee's employees or
subcontractors that the Grantee hires, retains or utilizes for the Grantee's performance under this
Contract. This term includes allowable program costs as articulated in WebGrants, which are contained
on the "allowable expense" list and in the program budget. This term also includes Travel Expenses as
defined below.
1.13 The term "Services" refers to the goods, services, program activities, projects and
initiatives that the Grantee agrees to provide to the SCAO under this Contract, as described in the Scope
of Services, Scope of Work, and all descriptions of services in any attachments and amendments to the
Contract.
1.14 The term "Taxes" refers to any and all federal, state, and local taxes, including, but not
limited to, income taxes, social security taxes, unemployment insurance taxes, and any other taxes or
fees for which Grantee is responsible.
1.15 The term "Travel Expenses" means expenses Grantee incurs for travel including lodging,
mileage, and meals that the Grantee incurs in the reasonable fulfillment of the terms of this Contract.
Reimbursable Travel Expenses must be approved by SCAO before they are incurred. The term
"WebGrants" refers to the web -based grant management system used by the SCAO.
1.16 The term "Work Product" refers to reports, programs, manuals, tapes and videos prepared
under this Contract and amendments thereto. It also includes computer data such as programs and
software in various stages of development and source codes and object codes, and any other work
product prepared by the Provider under this Contract and amendments thereto.
2. PARTIES
2.01 This Contract is between the SCAO and the 52-4 District — Hybrid DWI/Drug
Court (Grantee).
3. AMOUNT AND GRANT PROGRAM
3.01 The SCAO will reimburse the Grantee up to $120,000 for the Grantee's expenses under
this Contract.
3.02 The grant funding is from the Michigan Drug Court Grant Program.
4. DURATION
4.01 This Contract begins on October 1, 2021, and ends on September 30, 2022, at 11:59 p.m.
5. TERMS
5.01 This Contract contains the entire agreement between the parties. it does not include any
other written or oral agreements, except the following which can be found in WebGrants:
A. Reporting requirements (see Attachment 1),
B. Assurances,
C. Allowable/disallowable expense list,
D. Conditions on Expenses, and
E. Approved grant budget.
6. "GRANTEE'S AGENT" DEFINED
6.01 The Grantee may partner with other parties to assist with Contract performance. In this
Contract, the term "Grantee's agents" will refer to the Grantee's employees, contractors, subcontractors,
vendors, and subrecipients.
7. CHANGE IN GRANTEE CONTACT
7.01 The Grantee must submit written notification to SCAO, through a Contract amendment
using WebGrants, of any change in project director, agency contact, financial officer, program judge, or
Authorizing Official defined in Section 28 of this Contract, address, e-mail, or telephone number.
8. RELATIONSHIP AND DUTIES
8.01 No employer/employee relationship exists between the Parties. Further, no employee
or subrecipient of the Grantee is an employee of the SCAO. The Grantee is an independent
contractor, not an employee of the SCAO.
9.02 The SCAO is not obligated either under this Contract or by implication to provide
and is not liable to the Grantee for failure to provide the Grantee with Employee Benefits. The
Grantee is not eligible for and will not receive any Employee Benefits from the SCAO.
8.03 The Grantee does not, and shall not, have the authority to enter into contracts on the
SCAO's behalf.
8.04 Except for the grant amount, the SCAO and the Michigan Supreme Court (MSC) have
no financial obligation to the Grantee.
8.05 The Grantee agrees to comply with all of the Contract terms, including the reporting
requirements, assurances, allowable/disallowable expense list, conditions on expenses, and approved
grant budget.
9. REIMBURSEMENT AND BUDGET
9.01 This is a reimbursement -based grant for Services rendered.
9.02 The Grantee's Expenses are eligible for reimbursement only after the Grantee has paid
the Expenses.
9.03 The Grantee's Expenses are eligible for reimbursement only if the Grantee incurred the
Expenses during the time period that this Contract is effective. Consumable expenses, such as drug
tests, are eligible for reimbursement only if the item can reasonably be consumed (and the Grantee
incurred the expense) during the time period that this Contract is effective.
9.04 The Grantee's Expenses are eligible for reimbursement only if included on the allowable
expense list and the approved budget.
9.05 The Grantee's Expenses are eligible for reimbursement only after the Grantee has
exhausted all other available funding options. Examples of potential other available funding options
include local court or county funding, federal funding, participant fees, and partnerships with nonprofit
organizations. If the Grantee has other available funding options but relies on the grant funding under
this Contract before exhausting the other options, the SCAO may reduce the reimbursement amount by
an amount that is equal to the other available funding options.
9.06 Reimbursements for Travel Expenses (such as mileage) may not exceed the lesser of the
Grantee's published travel rates or allowable State of Michigan travel rates and must be approved by
the SCAO prior to incurring the expense.
9.07 The Grantee may request to amend the grant budget by submitting a Contract
Amendment in WebGrants. The SCAO must approve any request to amend the grant budget.
9.08 The Grantee must request Expense reimbursement on a quarterly basis (see Attachment
1). The request to reimburse each Expense must include the hourly rate or cost per unit, amount of
hours worked or number of units, a description of Services provided, the date of the Expense, the
amount requested, and proof that the Grantee has paid the Expense.
9.09 All Expense reimbursement is subject to the SCAO's approval.
9.10 The Grantee must sign up through the online vendor system to receive reimbursement
payments via electronic funds transfers or direct deposits. To register, go to the Department of
Technology, Management, and Budget's website.
10. RELIGIOUS PROGRAMMING
10.01 The Grantee will not spend grant funds on a program that has a religious component.
10.02 Before the Grantee refers a person to, or provides a person with, a program with a
religious component, the Grantee must do the following: (1) allow the person to choose whether to
participate in the program, (2) ensure that a person who chooses to not participate is not penalized, and
(3) provide at least one secular option.
11. ASSIGNMENT
11.01 The Grantee may not assign any portion of this Contract except with prior written
approval of the SCAO. If performance is so assigned, all requirements in this Contract shall apply to
such performance and the Grantee shall be responsible for the performance of such Services.
12. PROCURMENT CONTRACTS AND SUBRECIPIENT SUBCONTRACTS
12.01 The Grantee may enter into procurement contracts and subrecipient subcontracts for
activities under this grant.
12.02 The Grantee must provide the SCAO with copies of any procurement contracts if the
SCAO requests them.
12.03 The Grantee must provide the SCAO with copies of any subrecipient subcontracts prior
to requesting reimbursement for subrecipient work. The subrecipient subcontracts must be uploaded in
WebGrants.
12.04 The Grantee must provide this Contract to all subrecipients and subcontractors.
13. CONFIDENTIAL INFORMATION
13.01 The parties do not expect that medical and treatment information will be obtained,
shared or utilized in this Contract. However, to the extent that it is, all medical and treatment
information of participants served under this Contract is confidential. The SCAO and the Grantee
agree that this information will not be disclosed except as allowed by law.
13.02 The Grantee agrees to comply with the Health Insurance Portability and Accountability
Act (HIPAA), 42 CFR Part 2, and the Michigan Mental Health Code. Some of these requirements
include the following:
A. The Grantee and Grantee's agents must not share information that is protected
under HIPAA, 42 CFR Part 2, or the Michigan Mental Health Code (the
"Protected Information"). The Grantee is liable for the unauthorized use or
disclosure of Protected Information. This includes Protected Information that
the SCAO provides to the Grantee.
B. The Grantee must include terms in any procurement contract and subrecipient
subcontract that the Grantee's agents must not share Protected Information.
This includes Protected Information that the SCAO provides to the Grantee.
C. The Grantee must have written policies and procedures about using and
disclosing Protected Information. The policies and procedures must include
provisions that restrict Grantee's employees' access to Protected Information.
D. The Grantee must also have a policy to report to the SCAO unauthorized
use or disclosure of Protected Information.
13.03 During Contract performance, the SCAO may disclose Confidential Information to
the Grantee. The Grantee shall not disclose Confidential Information to any third party without prior
approval from the SCAO. If disclosure of Confidential Information is required by law or court order,
the Grantee must notify the SCAO within five business days as provided in Section 28 of this Contract
before disclosure and shall reasonably cooperate with the SCAO to (1) narrowly tailor disclosure; 2)
support SCAO's efforts to obtain protective orders or other relief as appropriate.
13.04 The Grantee agrees to return all Confidential Information to the SCAO immediately
upon the termination of this Contract and permanently delete any electronic copies of the data stored
by the Grantee within 30 calendar days after the conclusion of this Contract. If requested by the
SCAO, the Grantee will provide written confirmation that deletion has been completed.
This section survives termination or expiration of this Contract.
14. RIGHTS TO WORK PRODUCT, INVENTIONS, AND IMPROVEMENTS
14.01 All written or visual Work Product shall belong to the SCAO and is subject to copyright
or patent only by the SCAO. The SCAO shall have the right to obtain from the Grantee original materials
produced under this Contract and shall have the right to distribute those materials.
14.02 The SCAO shall have copyright, property, and publication rights in all Work Product
developed in connection with this Contract.
14.03 The SCAO grants the Grantee a royalty -free, nonexclusive license to use any Work
Product developed in the course of executing this Contract that is not Confidential and Proprietary
Information as defined in this Contract if the Work Product enters the public domain. However, the
Grantee shall not publish or distribute any Work Product relating to the Services provided under this
Contract without the prior written permission of the SCAO.
14.04 The Grantee shall safeguard the Grantee's property, materials and Work Product. The
SCAO is not responsible and will not be subject to any Liabilities for any claims related to the loss,
damage, or impairment of Provider's property, materials and/or Work Product.
14.05 The Grantee shall promptly disclose in writing to SCAO all Inventions, Patented and/or
Copyrighted Materials jointly with the SCAO or singly by the Grantee while engaged in Services under
this Contract. As to each such disclosure, the Grantee shall specifically bring to SCAO's attention any
features or concepts related to Inventions, Patented and/or Copyrighted Materials that are new, unique
or different such that they may qualify for copyright, patent or other intellectual property protection.
14.06 The Grantee shall assist the SCAO in determining and acquiring copyrights, patents, or
other such intellectual property protection for any Inventions, Patented and/or Copyrighted Materials for
which the SCAO desires to obtain such protection.
14.07 The Grantee warrants that as of the Effective Date of the Contract, there are no
Inventions, Patented and/or Copyrighted Materials for which the Grantee seeks protection or which the
Grantee desires to remove from the Contract provisions before entering into this Contract, except those
specifically set forth by attachment hereto. Further, the Grantee warrants that its performance under this
Contract will not infringe upon or misappropriate any third party's patents, copyrights or other
intellectual property rights.
14.08 The Grantee further warrants that as of the Effective Date of the Contract, the Grantee
has obtained all material licenses, authorizations, approvals and/or permits required by law to conduct
its business generally and to perform its obligations under this Contract.
15. INSURANCE
15.01 The Grantee must procure commercial liability insurance or ensure that an adequate
amount of money is set aside in its local budget to cover all reasonable claims related to the Grantee's
Services under this Contract.
16. LIABILITY AND INDEMNIFICATION
16.01 The Grantee is responsible for Liabilities and Expenses that result from the Grantee's
performance or nonperformance under this Contract. This subsection does not waive governmental
immunity as provided by law.
16.02 The Grantee warrants that, before entering into this Contract, it is not subject to any
liabilities or expenses that could interfere with Contract performance.
16.03 The SCAO is not responsible for Liabilities and Expenses that result from the Grantee's
or Grantees' agents' performance, nonperformance, or property.
16.04 If Grantee contracts with a private third party to carry out the Grantee's responsibilities
under this Contract, then in that contract Grantee will require the private third parties to indemnify SCAO
and the Michigan Supreme Court ("MSC"), including their officers, and employees (the "SCAO, MSC
and related entities") from any Liabilities that may be imposed upon, incurred by, or asserted against the
SCAO, MSC and related entities arising from the acts or omissions of the private third -party under such
contact. Any private third party who will not agree to such provisions may not be utilized by Grantee to
perform services under this Contract. This subsection does not waive governmental immunity as
provided by law.
17. FINANCIAL RECORDS, RETENTION, AND INSPECTION
17.01 The Grantee agrees that all Expenses comply with the standard procedures of the
Grantee's funding unit.
17.02 The Grantee agrees to maintain financial records that follow generally accepted
accounting principles.
17.03 The Grantee must maintain an accounting system with grant financial records that are
kept separately from the Grantee's other financial records.
17.04 The Grantee must retain all financial records related to this Contract for at least five years
after the SCAO's final reimbursement to the Grantee. The Grantee is responsible for the costs to retain
these records.
17.05 If an audit begins before the five-year period expires, and it extends past that period, the
Grantee must retain all records until the audit is complete. Based on the audit, the SCAO may adjust
reimbursement payments. If the audit reveals that the SCAO overpaid the Grantee, the Grantee must
immediately refund those amounts to the SCAO.
17.06 The Grantee agrees that the MSC, the SCAO, the Michigan Department of Treasury, the
State Auditor General, and these parties' authorized representatives may upon notification audit and copy
the Grantee's grant financial records.
18. GRANT REPORTING
18.01 The Grantee agrees to timely provide all applicable performance measurement data,
including complete and accurate reports as identified in Attachment 1 related to this Contract so that
the SCAO can meet its reporting requirements. Further, the Grantee agrees to follow the grant reporting
requirements in Attachment 1.
18.02 Further, for each participant who is screened for or accepted into the Grant program, the
Grantee must timely enter data in compliance with the minimum standards established by the SCAO
into the Drug Court Case Management Information System.
18.03 When any required report is 30 calendar days past due, a delinquency notice will be sent
notifying the Grantee that it has 15 calendar days to comply with the reporting requirement. When any
required report is 45 calendar days past due, the Grantee's funding award will be rescinded and the
SCAO will send a forfeiture notice to the Grantee. Notices will be sent as provided in Section 28 of
this Contract.
19. SUSPENSION, TERNIINATION, AND REDUCTION
19.01 The SCAO and/or the Grantee may reduce the project budget, or suspend or terminate
this Contract without further liability or penalty to the SCAO under any of the following circumstances:
A.
If any of the terms of this Contract are not adhered to by the
Grantee/subrecipients.
B.
If the Grantee fails to make progress satisfactory to SCAO toward the project
goals, objectives, or strategies set forth in this Contract, including but not
limited to a determination by the SCAO after second quarter claims are
submitted, in its sole discretion, that project funds are not reasonably likely to
be fully expended by the end of the fiscal year.
C.
If the Grantee proposes or implements substantial changes to the Scope of
Services/Work such that, if originally submitted, the application would not
have been selected for funding.
D.
If the Grantee is not certified or submits false certification or falsifies any
other report or document required hereunder. Grantees that are funded with
Swift and Sure Sanctions Probation Program (SSSPP) funds are exempt from
certification requirements in Section 25.
E.
If the Grantee is charged with of any criminal activity or offenses during the
term of this Contract or any extension thereof.
F.
If funding for this Contract becomes unavailable to the SCAO due to
appropriation or budget shortfalls.
G.
The SCAO may immediately suspend or terminate this contract if the Grantee
does not comply with a contract term, including the reporting requirements,
assurances, allowable/disallowable expense list, conditions on expenses, and
approved grant budget.
H.
The SCAO may immediately suspend or terminate this contract if any report
from Section 18 is at least 45 days late.
19.02 Each
Party has the right to terminate this Contract without cause. However, the
terminating party must
provide written notice to the other party of such termination at least 15 calendar
days before the termination
will be effective as provided in Section 28 of this Contract.
19.03 The SCAO may immediately suspend or terminate this Contract if the Grantee or any of
the Grantee's agents are convicted of a criminal offense that directly or indirectly involves grant funds.
19.04 If the SCAO terminates this Contract under Section 19, the Grantee is not eligible for
SCAO grant funding for two years. After the two-year period, the Grantee must verify in writing with
SCAO that the Grantee has corrected the issues.
19.05 The SCAO may reduce the Grantee's grant amount at any time if the SCAO determines
that the Grantee is not reasonably likely to fully expend the grant funds by the time this Contract ends.
20. COMPLIANCE WITH LAWS
20.01 The Grantee must comply with all federal, state, and local laws and applicable ethics,
rules, and canons.
21. MICHIGAN LAW
21.01 This Contract shall be subject to, and shall be enforced and construed under, the laws of
the state of Michigan. Further, the parties agree to litigate any disputes arising directly or indirectly from
the Contract in the Court of Claims in the state of Michigan.
22. CONFLICT OF INTEREST
22.01 Because this Contract involves federal grant funds and contracts with governmental
entities, the SCAO and the Grantee are subject to the provisions of the federal Freedom of Information
Act, found in 5 U.S.C. 552 et. seq., the Contracts of Public Servants with Public Entities Act, found in
MCL 15.321 et seq., and the Standards of Conduct for Public Officers and Employees Act, found in
MCL 15.341 et seq. Further, the Grantee certifies that the Grantee presently has no personal or financial
interest, and shall not acquire any such interest, direct or indirect, that would conflict in any manner or
degree with the performance of this Contract.
23. DEBT TO STATE OF MICHIGAN
23.01 The Grantee covenants that it is not, and will not become, in arrears to the state of
Michigan or any of its subdivisions upon contract, debt, or any other obligation to the state of Michigan
or its subdivisions, including real property, personal property, and income taxes.
24. CONTRACT DISPUTE
24.01 The Grantee shall notify the SCAO in writing of the Grantee's intent to pursue a claim
against the SCAO for breach of any term of this Contract within 10 business days of discovery of the
alleged breach as provided in Section 28 of this Contract.
25. PROGRAM CERTIFICATION
25.01 Under Michigan law, approval and certification by the SCAO is required to begin or to
continue the operation of a drug court, sobriety court, hybrid drug/DWI court, family dependency
treatment court, veteran's treatment court or mental health court. Any of these programs that are not
certified by Grantee shall not perform any of the functions of that program type, including, but not limited
to, receiving grant funding under the law and shall not be covered by this Contract.
26. PROGRAM REVIEW OR CERTIFICATION SITE VISIT
26.01 The SCAO may review the Grantee onsite. As part of the review and as allowed under
the law, the SCAO may interview the program's team members, observe staff meetings and status
review hearings, review case files, review data, and review financial records.
27. AMENDMENT
27.01 The parties may amend this contract only in writing signed by both parties.
27.02 The Grantee must submit a contract amendment through WebGrants and also notify the
SCAO of any changes in project directors, program judges, agency contacts, financial officers, or
authorizing officials, including changes in names, mailing addresses, e-mail addresses, and telephone
numbers.
28. DELIVERY OF NOTICE
28.01 Written notices and communications required under this Agreement shall be delivered in
one of two forms: 1) by electronic mail; or 2) by overnight delivery sent by a nationally recognized
overnight delivery service to the following:
28.02 The Grantee's contact person is:
Patricia Bates
52-4 District Court
520 W. Big Beaver Road
Troy, Michigan 48084
batesp(c-oakgov.com
28.03 The SCAO's contacts are:
Andrew Smith
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, MI 48909
SmithA(a courts.mi.vov
and
Ryan Gamby
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, MI 48909
Gambvr(c,courts.mi. eov
29. GRANTEE'S AUTHORIZING OFFICIAL
29.01 The Grantee's "Authorizing Official" is the individual who signs this Contract. The
Authorizing Official must be a person who is authorized to enter into a binding contract for the Grantee.
The Authorizing Official may not be a judge or other state employee. The Authorizing Official might
be from the Executive or Legislative Branch of the Grantee — for example, the Authorizing Official
might be the County Administrator, Chair of the Board of Commissioners, Court Administrator, City
Manager, Legal Counsel, Finance Director, or Mayor.
29.02 Only one person may sign this Contract as the Grantee's Authorizing Official. The
Grantee might have more than one individual who is authorized to enter into binding contracts for the
Grantee that is receiving funds, or the Grantee's local rules might provide that multiple people must sign
contracts. In either case, the Authorizing Official's signature on this Contract represents the mutual
agreement and acceptance of this Contract by all persons who are authorized to enter into binding
contracts for the Grantee.
SIGNATURES OF PARTIES
Michigan Drug Court Grant Program
CONTRACT NUMBER: 25365
30. SIGNATURE OF PARTIES
30.01 This Contract is not effective unless signed by both Parties.
30.02 The signatures on this contract are electronic through the DocuSign system.
30.03 The DocuSign system requires an agent of the Grantee to send this Contract to the
Grantee's Authorizing Official for the Authorizing Official's review and signature. Selecting the
dropdown below confirms that the Contract can be sent to the Grantee's Authorizing Official for
signature.
30.04 The DocuSign system requires an agent of the SCAO to send this Contract to the State
Court Administrator for review and signature. Selecting the dropdown below confirms that the
Contract can be sent to the State Court Administrator for signature.
52-4 District Court
Hybrid DWI/Drug Court
Grantee's Authorizing Official's Signature
Grantee's Authorizing Official's Name
Grantee's Authorizing Official's Title
State Court Administrative Office
Authorizing Official's Signature
Authorizing Official's Name
Authorizing Official's Title
Date Signed by Grantee's Authorizing Official Date Signed by Authorizing Official
ATTACHMENT 1
FY 2022 REPORTING REQUIREMENTS
October 1, 2021, through September 30, 2022
DCCMIS DATA EXCEPTION REPORT
DUE DATE NOTE
February 15, 2022* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of October 1, 2021, through
December 31, 2021.
May 15, 2022* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of January 1, 2022, through
March 31, 2022.
August 15, 2022* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of April 1, 2022, through June 30, 2022.
November 15, 2022* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of July 1, 2022, through
September 30, 2022.
DCCMIS USER AUDIT
DUE DATE NOTE
January 31, 2022* Courts will be confirming user access to DCCMIS.
WEBGRANTS USER AUDIT REPORT
DUE DATE NOTE
January 31, 2022 Courts will be confirming user access to WebGrants.
CLAIMS
DUE DATE
NOTE
January 10, 2022
Courts will be reporting on expenditures from October 1, 2021,
through December 31, 2021.
April 10, 2022
Courts will be reporting on expenditures from January 1, 2022,
through March 31, 2022.
July 10, 2022
Courts will be reporting expenditures from April 1, 2022, through
June 30, 2022.
October 10, 2022
Courts will be reporting expenditures from July 1, 2022, through
September 30, 2022.
PROGRESS
DUE DATE NOTE
October 30, 2022* Courts will be reporting on progress made during the grant period -
Year -End Report October 1, 2021, through September 30, 2022.
*Planning Grants - If your court is receiving a FY 2022 planning grant, you are only required to
complete this report if the program becomes operational during this fiscal year.