HomeMy WebLinkAboutResolutions - 2022.06.07 - 35581�OAKLANIJ._
COUNTY MICHIGAN
BOARD OF COMMISSIONERS
June 7, 2022
MISCELLANEOUS RESOLUTION #22-204
Sponsored By: Penny Luebs
Indigent Defense - Grant Application with the Michigan Indigent Defense Commission for FY 2023
Chairperson and Members of the Board:
WHEREAS the Michigan Indigent Defense Commission Act (MIDC Act), MCL 780.981, et. seq., gives the
Michigan Indigent Defense Commission (MIDC) the authority to propose minimum standards for the provision
of indigent criminal defense services; and
WHEREAS a proposed standard takes effect after it is adopted by the Department of Licensing and Regulatory
Affairs (LARA); and
WHEREAS the MIDC Act requires every indigent criminal defense system in Michigan to comply with every
standard that has been adopted by LARA; and
WHEREAS Oakland County is the indigent criminal defense system ("System") for the 6th Circuit Court and
the four divisions of the 52nd District Court; and
WHEREAS Systems are legally required to submit a Compliance Plan and Cost Analysis annually to the
MIDC, which explains the methods by which the System will comply with the approved standards in the next
fiscal year, and lists the amount of money the System requires to comply with the approved standards; and
WHEREAS the MIDC reviews all Compliance Plans and Cost Analyses for accuracy and thereafter votes to
approve or disapprove said Plans and Analyses; and
WHEREAS the MIDC is obligated to issue a grant to each System in the amount indicated in an approved Cost
Analysis; and
WHEREAS the final grant award is determined by deducting the statutorily required "local share" from the
total Cost Analysis amount, and said local share is calculated at $1,883,620.74 for FY2023; and
WHEREAS Oakland County's current model of providing indigent defense services is known as a "Managed
Assigned Counsel" model, where independent contract attorneys are assigned to represent clients by the
Indigent Defense Services Office; and
WHEREAS as part of its Compliance Plan for FY2023 the County proposes to change to a "hybrid" model by
creating several internal positions to staff an in-house public defender's office; and
WHEREAS the current MIDC grant funds several other County positions and the County will seek to include
those positions in its Compliance Plan and Cost Analysis for FY2023 as well; and
WHEREAS the County intends to seek over $10 million in grant funding from the MIDC, as more fully
outlined in the Cost Analysis; and
WHEREAS a draft copy of the Cost Analysis is ,included as an attachment to this proposed resolution, which
draft is subject to further negotiations between the MIDC and the County and which may be revised during the
course of those negotiations.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the submission of the FY2023 MIDC Grant Application and authorizes the Indigent Defense Services Office to
engage in any necessary negotiation with the MIDC and any necessary revision of the draft Cost Analysis.
BE IT FURTHER RESOLVED that when the final version of the FY2023 MIDC Compliance Plan and Cost
Analysis are officially approved by the MIDC, this item will be brought back before the Board for Grant
Acceptance.
BE IT FURTHER RESOLVED that this request does not require a budget amendment.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
6z"'idu Date: June 07, 2022
David Woodward, Commissioner
� jati� a Date: June 09, 2022
Hilarie Chambers, Deputy County Executive II
r♦r
Date: June 09, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-05-17 Public Health & Safety - recommend and forward to Finance
2022-05-18 Finance - recommend to Board
2022-06-07 Full Board
VOTE TRACKING
Motioned by Commissioner Penny Luebs seconded by Commissioner William Miller III to adopt the attached
Grant Application: with the Michigan Indigent Defense Commission for FY 2023 .
Yes: David Woodward, Kristen Nelson, Gwen Markham, Angela Powell, Marcia Gershenson, William
Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert
Hoffman (12)
No: Michael Gingell, Michael Spisz, Karen J6liat, Eileen Kowall, Christine Long, Philip Weipert, Thomas
Kuhn, Charles Moss, Adam Kochenderfer (9)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. Grant Review Sign -Off
2. MIDC Cost Analysis - FY2023 Working Copy
3. FY2022 Grant Contract (for reference purposes)
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 June 7, 2022, 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 Tuesday, June 7, 2022.
Lisa Brown, Oakland County Clerk /Register of Deeds
GRANT VIEW SIGN -OFF — Indigent Defense Services Office
GRANT NAME: FY2023 MIDC Grant
FUNDING AGENCY: MIDC
DEPARTMENT CONTACT PERSON: Pete Menna 248-858-1619
STATUS: Application (Greater than $50,000)
DATE: 04/29/2022
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).
I1 _ _' ` UT7%11v
Management and Budget:
Approved by M & B —Lynn Sonkiss 4/28/2022.
It is my understanding that a draft cost analysis will be provided with the BOC resolution. The cost
analysis should reference that is subject to change based on negotiations with the MIDC over the
next several months. Kym Coy and Ebru Adoglu-Jones are working with the County Indigent Defense
Services Office on the cost analysis.
Human Resources:
Approved by Human Resources. No HR action needed at this time.— Heather Mason 4/28/2022
Risk Management:
Application approved by Risk Management. — R.E. 4/25/2022
Corporation Counsel:
APPROVED by Corporation Counsel — Mary Ann Jerge 4/25/2022
Indigent Defense System Cost Analysis
Grant Year October 1, 2022 - September 30, 2023
Funding UnitName(s) DaklandCounty
Personnel - Position
DATE SUBMMED:
Calculation hours and rate Total
2080/$87.5728 Step 84 bi-weekly $7,005.83 Includes
0,01
OtherFunding
State Grant 1aciIShare -_ Sources Total
indigent Defense(12216)
Chief Attorney Indigent Defense
5%
182AS1.50
2,080/$38.6994 Step 24 bl-weekly$3,095.95 Includes
- -,
Indigent Defense(12217)
Indigent Defense Administrative Supervisor
5%
80,494.81
2,080/$29.6704 Step 60 bi-weekly$2,373.63 includes
indigent Defense(07892)
Indigent Defense Appointment Coordinator
5%
61,714.38
2,080)529.6704 Step 60 bl-weekly$2,373.63 Includes
- -
Indigent Defense (12218)
Financial Services Tech 111
5%
61,714.38
2,080/$25.6303 Step 60 bl-weekly$2050.42 includes
-
Indigent Defense (12219)
Indigent Defense Cierk(52.1)
5%
53,911,00 -
2,080/$25.6303 Step 60 bi-weekly $2050.42 Includes
indigent Defense(12220)
Indigent Defense Clerk(52.2)
5%
53,311.00
2,080/$2S.6303 Step 60 bi-weekiy$2050.421ncludes -
Indigent Defense (12221)
Indigent Defense Oink(52-3)
5% -
53,311.00
2,080/$25.6303 Step 60 bl-weekly $2050,42 includes
Indigent Defense(12222)
indigent Defense Clerk(524)
5%
53,311.00
2,080/$25.6303 Step 60 bl-wee_kty$2050.42 includes -
-
Indigent Defense (15368)
_Indigent Defense (Jerk (6th Circuit) -
5% _ -
53,311.00 _ - -
2,080/$2S.6303 Step 60 M-weekly $2050A2 Includes
Indigent Defense(15389)
Indigent Defense Cleik(6th Circuit)
5%
53,311.00
2080/$87.5728 Step 84 bi weekly$7,005,83 includes
_ -
Indigent Defense
Chief Public Deferater -
5%(3/4 salary - to No Jan. 2023)
- 136,613.62
2080/$769840 Step 84 bl-weekly $6,158.72 Includes '
Indigent Defense
Deputy Chief Public Defender
S%(3/4 salary- to hire Jan. 2023)
1201
2080/$64.7668 Step 60 bl-weekly $5,181.35 includes
Indigent Defense
Principal Attorney - Public Defender
5% (3/4 salary - to hire Jan, 2023)
101,036.26
20W/$64.7M Step 60 bf-weekly $5,181.35 includes
Indigent Defense
Principal Attorney - Public Defender -
5%(3/4 salary- to hire Jan. 2023)
101,036.26
2080/$50.7466 Step 60 b4weekly $4,059.73 Ind udes
Indigent Defense
Assistant Public Defender - Senior
5%(3/4 salary - to hire Jan. 2023) -
79,164.70
2080/$41,7493 Step 604t-weekly $3,339,94 include$
Indigent Defense
Assistant Public Defender
5%(3/4 salary - to hire am2023) -
65,128,85
2080/$3IA537 Step 60 bi-weekly$2,492.30 Includes
Indigenl0efeme
Public Defender Paralegal
5%(3/4 salary - to hire Ian. 2023)
48,599.79
-
2080/$23.2477 Step 60 bi-weekly$1,859.82 includes
Indigent Defense
Public Defender legal Secretary
5%(3/4 salary- to hire Jan, 2023)
32,266.47
- -
206D/$36.2729 step 60 bt-weekly$2,901.83 Includes
Indigent Defense
Public Defender Investigator -
- 5%(314 salary- to hire Ian. 2023)
56,585.69
2,080/$30.4291 Step 12 bi-weekly $2,434.33 includes
Community Correctlons(12223)
', Common my Corrections Specialist ll
5%
63,292.54
2,080/$30-4791 Step 12 bi-weekly $2,434.33Includes
Community corrections (12224)
Community Corrections Specialist ll
5%
63,292.54
2,080/$33.8893 Step 84 hi -weekly $2,711.14 Includes
Sheriff(12225)
Corrections Deputy l-(00)- full Time friday-Tuesday
5%
70p89.69
Corrections Deputy I -(00) - Wednesday, Thursdaycoyerage 16 Hours
Sheriff
(832 hours annual)
16 Hrs x 52 Weeks x $33 8893/hr
28,195.90
Vacation replacement based on full-time Corrections
Deputy I accrual of 220 hours/year, calculated at
Sheriff
Corrections Deputy J- Vacatlon Replacement
regular time of$33.8893/hr
7,455.65
httpsJ/d.does.Isve.net/aafS9d29e9O96746/MIDC/Comptiance PianningIFY23/130C Prep/MIDC Cost Analysis - FY2023 Working Copy (1.05)
Sheriff Corfectiom Deputy I - Holiday and Misc. Overtime
Support Services Support Services Rate applied to Salaries (10%)
Per contract, If Deputies work a holiday they are
entitled to 8 hours regular pay plus 8 hours at 1.Sx.
There also maybe emergency situations where Of
coverage maybe necessary.
72 holiday hours plus 40 mist hours at $33.8893Jhr x
1.5 5,693.40
Subtotal 1,684,887.48
168,498.75
_- -. - - - -
Cata$ary5ummary__ -- - - Total - 1,853,376,23 _ - 1,853,376.23 7,853,376.23
' PLEASE NOTE THAT PERSONNEL RELATED COSTS ARE SHOWN AT THE EXPECTED FY2023 RATE GIVEN THE S%INCREASE INCLUDED IN THE PROPOSED FY2023 BUDGET
—> The MIDC funded Corrections Deputies are part of a Orion. The OCSO must follow the union contract carrvassing rules to cover the vacations of the MIDC funded deputy positions outside of the replivement deputies' normal work hour5.111aerefore, the vacation backNl W 95 cannot be considered supplanting.
—> The County performed a job audit on several indigent defense positions In FY2022. This resulted in recommendations to Increase the classification for the indigent Defense Clerk, Financial SeivicesTechnklan, and Indigent Defense Appointment Coordinator positions due to the signilkant amount of extra work these positions are
performing after MIDC Standard 5 Implementation. The classification Increases resulted In recommended salary increases of approximately 7%for these positions (or FY2023.
—> The Indigent Defense Appointment Coordinator (previously Indigent Defense Appointment Specialist) was considered to be a supplanted position by the MIDC In FY22. However, after Standard 5 implemernallon, that positron has been required to do significantly more work than ever before. Prior to Standard 5, Judges did direct
appointments on all Category land 2 cases, which is nmv the responsibility of the IDSO, and this is causing much more work for the frufgent Defense Appointment Coordinator position. Therefore, Oakland County is seeking to include this position In the FY2023 grant.
Fringe Benefits
indigent Defense(12216)
Indigent Defense (12217)
Indigent Defense 107892)
Indigent Defense (12218)
ind'rgeat Defense (12219)
Indigent Defense (12220)
indrgert Defense (12221)
indigent Defense (12222)
indigent Defense(15388)
Indigent Defense (15389)
indigent Defense- Chief Public Defender
Indigent Defense- Deputy Chief PD
Indigent Defense- Principal Attorney PO
Indigent Defense- Principal Attorney I'D
Indigent Defense- Senior Assistant PD
dndigent Defense - Assistant PD
Indigent Defense- Paralegal
Indigent Defense- Legal Secretary
Indigent Defense - Investigator
Community Corrections (12223)
Community Corrections (12224)
Corrections Deputy I- JOELI- Full Time FrSday.
Tuesday
Corrections Deputy I-(OCJ)-Wednesday,
Thursdaycoverage
Corrections Deputy I- Vacation Replacement
Corrections Deputy I - HoBday and RIRt. OIL III, ne
Support Services
Categmy$ummary -
': Breakdown of Fringe Benefits above for Egrams;
FICA
Retirement
Disability
Unemployment
Group Life/Acddent
Workers Compensation
Fringe Benefits for OT Salaries
Medical/Dental/Optical ins
Total
Percentage (35.01%FT) (32A)MOT) Fixed Direct contract ,Charge- :-_-,.
_,
Varlable Ariounta _- _ -_ State Grant
35.01%
11,744,00
63,771.24
35.01%
15,760.00
28,181.23 _
3501%
- 15,769.00
21,606.20
3501%
5,191.00
21,606.20
_
3501%
5,215.00
_
18,664.18
35.01%
15,760.00
18,664.18 -
35.01% ',
15,814,00
18,664,13
35.01%
12,279.00
18,664.18
35.01% -
11,144.00
_ 18,664.18 - -
-
35.01%
11,744.00
18,VA.18
35,01%
8,808.00
47,828.43
3501%
808.00 _
42,045.28
35.01%
8,808.00
35,372.79
35D1% _
8,8o8.00
35,372.79
35.01%
3,808.00
27,715.56
35.01%
8,808.00
22.801.61
35.01%
8,908.00
17,01439
35.01% -
8,808.00
- 11,196.49
35,01%
8,808.00
- 19,810,65
35.01%
11,744.00 -
22,158.72
35.01%
11,744.00
-- 22,15812
35.01%
4,527.00
24,678A4
35.01%
3165.43
9,871.38
837ol
35.01%
- 2,610.22
32.10%
1,827.58
0.00%
-
0,00
. - - -- 232,309A4 s89,713.43
7,65%
$328,458.35
(Total RegularSalades of$1,679,194.08 x.0765)
24.41%
$409,891.27
(Total Regular Satires of$1,679,194.08 x.2441)
1.55%
$26,027.51
(TotalRegUlafSalares of$1,679,194,08 x.0155)
0,10%
$1,679.19
(Total Regutar Sataftes of$1,679,194.08 x.001)
0,22%
$3,694.23
(Total Regular Salaries of$1,679,194.08 x.0022)
1.08%
$18,13530
(Total RegularSatares of$1,679,194.08 x.0108)
$1,827.58
34,99%
$232,309.44
(Total Wised Direct Contract Charge Column)
$822,022.87 Total FY2023- Matches Total Fringe Benefits above
Localshare Sources Total
a7zA22-e7 - Ago
Men 824022,87
Fringe Benefits Justification- To fund the FY 2023 positions and related fringe benenis that were approved with FY 2022's budget and continue the operations for Oakland County's MIDC. The services provided woutd include overall management pfccessll$ apppolnted attorney vouchers, handle increased paperwork, scheduling, pre trials,
and other matters associated with the indigent defense system. -
https:l/d.dD".Iiye.net/asf59d29e9O96746/MIDC/Compliance Planning/FY23/BOC Prep/MIDC Cost Analysis - FY2023 Working Copy (1.05)
• The FY2023 Fringe Benefit rate of 35.01%as a percentage of regular salary is broken down as follows: FICA - 7.65%, Retirement - 24.41%, Disability-1.55%, Unemplayment- 0.10-%, Group life/Accident-0.22%, Workers Compensation - 2.08%=Tota1.35.01%
The FY2023 Fringe Benefit rate of 32.10%as a percentage of overtime salary is allocated at 77%to retirement and 23%to PICA
• • FY2623 Fixed Medical Benefits is broken down as follows:
Oakland County is self -insured for Medical, Dental, and Vision Benefits. The Cost Analysis assumes a 2 person plan For these benefits unless the current incumbent has different coverage. MedIca l/Presviphon-$10,762.00, Dental - $857-00, Vision- $125,00 = Total - $11,744.00
Contractual
-
- -
-
-
Ot erFunding_
Contracts for Attorneys-
Services Provided
Calculation hoursandrate
Total
State Grant LocalSbare- Sources Total
-
Attorneys - private bar
OO- wrafilnment atty- Weekday Holidays
13 days x 1 attys x$825 rate
10,725.00
Attorneys - private bar
OO- arraignment ally -Weekend Holidays
4 days x l attys x$900 rate
3,600.00
Attorneys - private bar
OO-wratnment atty -M, T. F Non Holiday
144 days x 3 attys x$700 rate
302,40D,00- -
Attorreys- private bar
OO- arraignment achy -W, Th Non Holiday
103 days x 2 attys x$700 rate
144,200.00
Attorneys -private bar
OO- arraignment airy- Weekend Non Holiday
101 days x l attys x$750 rate
75,75D.00
Attorneys -private bar
Arraignment Ally Four(4) 52nd District COWS
247 days x 4 attys x$600 rate
592,800.00
-
Attorneys -private bar
Arraignment Atty- Circuit Court 0ench Warrants
247 days x l ally x$250 rate
61,750.00
_
Attorneys - private bar
What interview- Circuit Court (post arraignment)
4,000 interviews x$100 rate
400,000.00
Attorneys -private bar
Initial Interview- District Court (First arraignment)
Soo interviews x$100 rate
80,000.00
325 treatment court dockets paid at the hag -day
Attorneys -private bar
Specialty Treatment COWS-(4) 52nd District Cants
house counsel rate of$500
162,50M00
ATC attorney paid at $75/hour with a monthly
Attorneys- private bar
Specialty TreatmentCourts -Otwit Court
average of 30 hot is
27,000.00
Total assomes 2 appeats per month, paid at $100
Attorneys- private bar
District Court to Circuit Court Appeals
hourly rate with presumptive maximum of 15 hours
36,000,00 -
1,500 probation violation cases and early probation
discharge head rigs, plus 50 contested hearing£/Year.
-
Base rate of $250, plus $150/hewhig day, with $lib
- - -
Attorneys -private bar
Grcun Court Probation Viola dons
paid in lieu of full$250 if birch warrant ._
382$00.00
8,200ja11 visits reimbursed at the rate of $75 on non
re al tat uses(caphai case visits Included m hourly
-
rate) based on 2 visits per VOP, J per misdemea rwr,
Attorneys -private bar
Jail Visit Reimbursement
and 6 per non -capital felony.
615,000.1J0
- -
250estimated cap'dal case dispositWns, consisting of
40 first -degree murders paid at $120/hr rate with
- presumptive max of 120 hours, and 210 other capital
par fit at $120/nr rate with presumptive max of 75
- hours, plus overage allowance for possible
Attorneys -private bar
Capital Uses
extraordinary fees,
2,959,200.00
Projected post rraigament cost for non-caphai -
-
felonies based on Climb Court fee schedule and -
Attorneys -private bar
Non-Upilal Felonies
estimated 4,000 dlspositlons.
4,646,400.00
205 half -day house counsel dockets per month x
Attorneys -private bar
House Counsel Docket Attorney-(4) 52nd District Courts
$500rate - -
1,230,000.00
80o fndMduat appointments expected in district
court, plus 50 trials&arr-Base rate of
Attomeys- private bar
Individual Appointments-(4) 520d District CWrts
$300/appointment plus S500/trial day
265,000,00
Utegory5ummary -
i
-- _ - - -
- _-- - -
11,994,825.00
- 10,111,204.76 1,883,62074 - - - 0.00 11,994,825.00
t
I
OtharFundtng -
Contractsforexpertsandinvestigators.,Services
Provided
Calculation hoursandrate
Total
State Grant _- _ Local Share_ Sources. Total - _-
Investigators
$75 per hr x 750 hrs
56,250.00
Experts paid at MIDC grant manual rate, other than
exceptional circumstances where higher market rate
is necessary to ensure effective defense
Experts
representation.
250,000.00
Utegory$ummary — - - 306,250.00 212,500-00 0.00 0.00 _ 212,SQ0.00
We expect the need for expert and inves0gator fundMg to increase in FY23. Some of this Increase is due to the court returning to normal operations pot4COV1D. Some is due to Imleased awareness by the defense bar that these services are available and much easier to obtain than they were prior to the implementatlon of Standard 5.
https://d.docs.live.net/aaf59d29e9096746/MtDC/Compliance Planning/FY23/BOC Prep/MIDC Cost Analysis - FY2023 Working Copy (1.05)
Contracts for Construction Projects Services Provided calculation
Category5ummary
contracts Other Services Provided Calulation
4 Polke deparonenls-Noel, Milford, Troy, Wixom, additional officertime
needed to coordinate lock -up Inmate movement to accommodate pre.
Additional Local Police Dept Costs arraignment attorney interviews 4 Departments x$250=$1,000
Category5ummary
Total
Other Funding
State Grant - tocaishare Sources
Total
000- - 0.00 - 0.00_ ._-_..00"
- - Other Funding - -
Total State Grant Local Share Sources Total
f,00O00 0.00 0.00 1,01
- Ot_herFunding
Equipment Vendor - - - Calculation - - - Total_. _ ,-_ _ _ - _- Statedrant - _ - Local Share Sources Total
Mee setup for public defender employees,
computer equipment purchase for pubfK -
defender employees (laptop, docking station, -
extra monitor) Info Tech Dept 9@ $1,069 - 9,621.00
Phone equipment purchase for public defender
_
employees
Info Tech Dept
9 @ $79
711.00
Category summary_--
- _ ,-.
- - - - --., -
_ 10,332.00 __- - - _0.00_ 0.06 _--0.00_
-Other Funding _
Tra)n)ng(Travel _ -- _, _
Vendor _ __
- - _Calculation_ - _ -
Total _ - -__ Sta_te_G_rant_ _ _ - - Lodi Share_ Sources _ -_Total
- Membership Dues for IDSD Chief Attorney and To
Attorney ear Dues
State Bar of Michigan
office attorneys (7 attorneys x $315)
2,205.00
$25,000 Annual Administrative Cost Fee and
Oakland County CLE Training and Trackmi;
Oakland County Bar Association
$150,000 fixed a mount based on up WSW attorneys
175,006.00
Yearly subscription to SADO Criminal LaW
For up to 275 attorneys @ $75 per attorney on
Resource Center
SADO -
Defender Attorney List
20,625.00
-
- - County estimates that the Chief Attorney Will be
-
traveling to the four 52nd district courts on
_
- monthly basis(696 miles) and to Lansing(272 Miles)
- based on the Corporation Counsel M(DC Grant
Project Manager's anuua(mdeage over the last two
-
- years related to the MIOC compliance monitoring
and Implementabon. Need to determine mitage for
Mileage -Oakland County Rate at $.585/1,11le
PD office employees,
566.28
Category summary
-
-
198,396.28 198,396,28 - - - 0.00 0,00 198,396,28
https:Hd.doa.live.net/aaf59d29e9096746/MlOr/COmpliance Plannl ng/FY23/80C Prep/MIDC Cost Analysis - FY2023 Working Copy (1,05)
-
-
-
- - Other Funding
Supplies/Services
Vendor
Calculation
Total
state Grant - - LocalShare Sources Total
Cost based on hhtorical spending on transcript
reimbursement to assist indigent defense counsel
-
and Including miscellaneous reimbursement to
attorneys for necessary FOIA requests and other
Transcripts(FOIA
Various Court Reporters and attorneys
miscellaneous needs to assist clients.
40,000,00
Subscription (or all PD office attomeys and Chief
Legal Research Service
WISNexis
IDSO.
Misc. supplies to support deputies responsible for
-
Deputy supplies
OC1 arraignments.
2,000.00
-
Based on $265/employee/year cost as compared to
Of6ceSuppiies/Postage
Notes: Office supplies, metered and standard mailing postage, copy paper
other departments, multiplied by 19 employees.
5,035.00
(2,000 monthly b&w copies at_03/copy) x 12 months
- _
-
=$720,(750 monthly col" copies at.08/copy)x 12
-
-
months=$720 Total Annual Departmental copy
'
Indigent Defense Office Copy Cost Fees
cost SI,440
1,440.00
Community Corrections - Copier Fees
Info Tech Dept
2@$100
20Do0
it Operations Ongoing Cost- Quarterly
maintenance charges for employee computer
maintenance, total of 19 employees
Info Tech Dept
19 @ $3,352
63,688.00
Telephone Ongoing Cost- OHY,ce line (Or all
-
employees of IDSO and Public Defender, total of
19 employees.
Info Tech Dept
19 @ $420
7,980.00
Cellular Phone Charges for Chief Attorney, chief
Public Defender, and investigator
Info Tech Dept
30480 -
1,440,00
PC System Maint for Potycom
Info Tech -CLEMIS
4@$2,304, attorney PCs In each 52nd district court
9,216.00
- -
8 hours permanth for network maintenance,
training and support, software updates, audit logging
'.
_
and monitoring 8 hours x 12 months x $165 per hour
Potycom System Support
Info Tech-CLEMIS
for polycom system in 00 and local PO lockups.
15,840.00
_
Cost to maintain user licenses for POWcan, system
and warramy/maintenance service on corresponding
Potycom Warranty and Maintenance
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35,046,85
3Ira ds x 58.00 x 12 months. ward acuisitions for
Standard 2 and 4 implementation in OCI
00 Three(3)Cellular/it Op monthly ongoing costs
info Tech Dept -
approved in prior years' submissions.
2,083.00
Ongoing Technical Support/System Maintenance;
_
12 hours per year (charged by quarter when
used/requested) Up to l hour per month of _
- -
Technical support/system maintenance, turn -
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Ongoing Database Customer Support and
system maintenance, 10 his planned maintenance
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inra Tech Dept
and upgrades)
39,930.00
CategorySummary -
225,883.85
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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:
Title:
Address:
Phone:
David T. Woodward
Chair, Board of County Commissioners
1200 N. Telegraph Rd., Pontiac, MI 48341
(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: 10/23/2021 Page: 1 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: 10/23/2021 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 subsection 1.1.
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 - FY 2022, Date: 10/23/2021 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 # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FY 2022, Date: 10/23/2021 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 10/1/21-12/31/21 —January 31, 2022
2nd FSR and compliance report for 1/1/22-3/31/22 —April 30, 2022
3rd FSR and compliance report for 4/1/22-6/30/22 — July 31, 2022
Final FSR and compliance report for 7/1/22-9/30/22 — 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 - FY 2022, Date: 10/23/2021 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 ,accou'ntability 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: 10/23/2021 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 # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FY 2022, Date: 10/23/2021 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 Grantor, 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: 10/23/2021 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 - FY 2022, Date: 10/23/2021 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 carryout 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,
Contract # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FY 2022, Date: 10/23/2021 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 - FY 2022, Date: 10/23/2021 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: 494&
Anshu Varma, Department of Licensing and Regulatory Affairs Date: 10/23/2021
Bureau of Finance and Administrative Services
Department of Licensing and Regulatory Affairs
State of Michigan
Signature: 7&4,tr& 7&eeau a*
Marla McCowan, Interim Executive Director Date: 10/19/2021
Michigan Indigent Defense Commission
Department of Licensing and Regulatory Affairs
State of Michigan
Signature: Va la ` ood 4atd
Representative: David Woodward, Chair, Board of County Commissioners
Date: 10/18/2021
Funding Unit: Oakland County
GRANT NO. 2022-125
Contract # 2022-125, Oakland County, Compliance Plan and Cost Analysis Renewal - FY 2022, Date: 10/23/2021 Page: 12 of 12