HomeMy WebLinkAboutResolutions - 2022.11.17 - 37742
AGENDA ITEM: Grant Acceptance from the State Court Administrative Office for the FY2023
Michigan Drug Court Grant Program 22-393
COMMITTEE MEETING: Board of Commissioners
DATE: Thursday, November 17, 2022 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
DEPARTMENT SPONSORED BY
52-3 District Court (Rochester Hills) Penny Luebs
INTRODUCTION AND BACKGROUND
This is a request to accept FY2023 funding.
POLICY ANALYSIS
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for
additional information.
CONTACT
Amy Luce, District Court Administrator lucea@oakgov.com
ITEM REVIEW TRACKING
Penny Luebs, Created/Initiated - 11/17/2022
David Woodward, Board of Commissioners Approved - 11/17/2022
Hilarie Chambers, Executive's Office Approved - 11/21/2022
Lisa Brown, Clerk/Register of Deeds Final Approval - 11/22/2022
AGENDA DEADLINE: 11/17/2022 6:00 PM
COMMITTEE TRACKING
2022-11-01 Public Health & Safety - Recommend to Board
2022-11-17 Full Board - Adopted
ATTACHMENTS
1. 52-3 DC (Rochester) FY 2023 Drug Court Grant (SCAO) Schedule A
2. Grant Review Sign-Off FY 2023
3. 52-3 2023 Grant Write up RE Deletion of Position
4. FY23 Award Letter
5. Unsigned Contract
November 17, 2022
RESOLUTION #2022-2190 _ 22-393
Sponsored By: Penny Luebs
52-3 District Court (Rochester Hills) - Grant Acceptance from the State Court Administrative
Office for the FY2023 Michigan Drug Court Grant Program
Chairperson and Members of the Board:
WHEREAS the 52nd District Court, Division III (Rochester) is seeking approval to accept the State
Court Administrator’s Office (SCAO), Michigan Drug Court Grant Program in the amount of $13,123,
for the grant period of October 1, 2022 through September 30, 2023; and
WHEREAS the court intends to continue the Specialty Treatment Court (STC) to assist participants
maintain sobriety and decrease recidivism; and
WHEREAS one existing full-time Probation Officer, funded by the Court’s budget will assist with
managing the STC caseload, conduct substance abuse assessments for all potential defendants who
meet the STC criteria, attend staffing and review hearings, conduct home/site visits, attend the 2022
Michigan Association of Treatment Court Professionals (MATCP) conference, and participate in
graduation ceremonies and one (1) Special Revenue (SR) Full-Time Eligible (FTE) Probation Officer
position (#3020405-12030) will be deleted; and
WHEREAS the grant acceptance has completed the Grant Review Process in accordance with the
Grants Policy approved by the Board at their January 21, 2021 meeting.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves 52-3 District Court’s grant acceptance from the State Court Administrative Office for the
FY2023 Michigan Drug Court Grant Program in the amount of $13,123, for the period of October 1,
2022 through September 30, 2023.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any
future commitment and continuation of this program 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 to delete (1) SR FTE Probation Officer position (#3020405-12030).
BE IT FURTHER RESOLVED that the FY 2023 budget is amended per the attached Schedule A.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
Date: November 17, 2022
David Woodward, Commissioner
Date: November 21, 2022
Hilarie Chambers, Deputy County Executive II
Date: November 22, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-11-01 Public Health & Safety - Recommend to Board
2022-11-17 Full Board - Adopted
VOTE TRACKING
Motioned by Commissioner Penny Luebs seconded by Commissioner Adam Kochenderfer to adopt
the attached Grant Acceptance: from the State Court Administrative Office for the FY2023 Michigan
Drug Court Grant Program.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Christine
Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck Moss, Marcia
Gershenson, William Miller III, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray,
Robert Hoffman, Adam Kochenderfer (19)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. 52-3 DC (Rochester) FY 2023 Drug Court Grant (SCAO) Schedule A
2. Grant Review Sign-Off FY 2023
3. 52-3 2023 Grant Write up RE Deletion of Position
4. FY23 Award Letter
5. Unsigned Contract
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 17, 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 Thursday, November 17, 2022.
Lisa Brown, Oakland County Clerk / Register of Deeds
Oakland County, Michigan
52-3 DISTRICT COURT (ROCHESTER) - FY 2023 MICHIGAN DRUG COURT GRANT PROGRAM - ACCEPTANCE
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)Grant ID (GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2023
Amendment
FY 2024
Amendment
FY 2025
Amendment
R Judicial Grants District Court III Probation FND11012 CCN3020405 RC615571 PRG121050 GRN-0001129 State Operating Grants $(80,000.00)$-$-
Total Revenues $(80,000.00)$-$-
E Judicial Grants District Court III Probation FND11012 CCN3020405 SC702010 PRG121050 GRN-0001129 Salaries Regular $(57,206.00)$-$-
E Judicial Grants District Court III Probation FND11012 CCN3020405 SC722740 PRG121050 GRN-0001129 Fringe Benefits $(22,794.00)$-$-
Total Expenditures $(80,000.00)$-$-
R Judicial Grants District Court III Probation FND11012 CCN3020405 RC615571 PRG121050 GRN-1003980 State Operating Grants $13,123.00 $-$-
Total Revenues $13,123.00 $-$-
E Judicial Grants District Court III Probation FND11012 CCN3020405 SC730373 PRG121050 GRN-1003980 Contracted Services $10,325.00 $-$-
E Judicial Grants District Court III Probation FND11012 CCN3020405 SC731818 PRG121050 GRN-1003980 Special Event Program $75.00 $-$-
E Judicial Grants District Court III Probation FND11012 CCN3020405 SC732018 PRG121050 GRN-1003980 Travel and Conference $915.00 $-$-
E Judicial Grants District Court III Probation FND11012 CCN3020405 SC750245 PRG121050 GRN-1003980 Incentives $1,708.00 $-$-
E Judicial Grants District Court III Probation FND11012 CCN3020405 SC750399 PRG121050 GRN-1003980 Office Supplies $100.00 $-$-
Total Expenditures $13,123.00 $-$-
GRANT REVIEW SIGN-OFF – 52nd District Court, 3rd Division
GRANT NAME: FY 2023 Michigan Drug Court Grant Program (MDCGP)
FUNDING AGENCY: State Court Administrative Office (SCAO) of Michigan
DEPARTMENT CONTACT PERSON: Amy Luce (248) 537-3698
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 10/24/2022
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 – Sheryl Johnson (10/21/2022)
Human Resources:
Approved by Human Resources. No position implications – Heather Mason (10/20/2022)
Risk Management:
Approved – Robert Erlenbeck (10/20/2022)
Corporation Counsel:
Approved – Heather Lewis (10/21/2022)
REQUEST:
1.That the Oakland County Board of Commissioners approves the FY 2023 Michigan Drug Court Grant
Program from the State Court Administrative Office in the amount of $13,123.00 for the period of
October 1, 2022, through September 30, 2023.
2.Delete one (1) Special Revenue (SR) Full-Time Eligible (FTE) Probation Officer position (#3020405-
12030).
PROPOSED FUNDING:
The State Court Administrative Office (SCAO), Michigan Drug Court Grant Program (MDCGP).
OVERVIEW:
The 52nd District Court, Division Ill (Rochester) applied for grant funds of $13,123.00 and was awarded a grant
in the amount of $13,123.00 from the State Court Administrative Office (SCAO), Michigan Drug Court Grant
Program (MDCGP) effective October 1, 2022, through September 30, 2023. Two probation officers funded by
the general fund will monitor the Specialty Treatment Court participants in addition to traditional probation
cases and one (1) Special Revenue (SR) Full-Time Eligible (FTE) Probation Officer position (#3020405-12030)
will be deleted. The grant funding will be used to pay for drug and alcohol testing, counseling and
rehabilitation services and program incentive. It is requested to delete one (1) SR FTE Probation Officer
position (#3020405-12030).
COUNTY EXECUTIVE RECOMMENDATION:Recommended as Requested.
PERTINENT SALARIES FY 2023
*Note: Annual rates are shown for illustrative purposes only.
Class Gr Period Base 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year
Probation
Officer 117 Annual
Bi-wkly
54,751
2,105.80
57,409
2,208.03
60,067
2,310.26
62,724
2,412.48
65,383
2,514.72
68,041
2,616.95
70,697
2,719.13
73,356
2,821.37
SALARY AND FRINGE BENEFIT SAVINGS
**Note: Fringe benefit rates displayed are County averages. Annual costs are shown for illustrative purposes only.
Actual costs are reflected in the budget amendment
Delete One (1) SR FTE Probation Officer position
(#3020405-12030)
Salary @ One Year Step $57,409
Fringes @ 35.48%$20,369
Total Health Care Based Fringes $13,574
Savings ($91,352)
Michigan Supreme Court
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
Phone 517-373-0128
Thomas P. Boyd
State Court Administrator
September 28, 2022
Honorable Joseph G. Fabrizio, Chief Judge
52-3 District Court
700 Barclay Circle
Rochester Hills, MI 48307
Re: Michigan Drug Court Grant Program Award Notification
52-3 District Court — Hybrid DWI/Drug Court
SCAO UI: U10104
Dear Chief Judge Fabrizio:
I am pleased to inform you that your court has been awarded a grant in the amount of
$13,123 from the Michigan Drug Court Grant Program administered by the State Court
Administrative Office. This award is for the grant period October 1, 2022, through
September 30, 2023.
Your court’s fiscal year 2023 contract will be e-mailed from DocuSign to your project
director, Amy Luce. Signed contracts must be returned by December 16, 2022. The budget,
based on your court’s actual award, must be updated in WebGrants by November 10, 2022.
Instructions for revising your budget are attached to the message your project director will
receive from WebGrants.
The Michigan Supreme Court and SCAO greatly appreciate your efforts and passion for
these life-saving court programs. Thank you for making a positive difference in so many lives.
As a reminder, SCAO transitioned away from a competitive grant process this year,
focusing instead on funding yearly fixed costs and inflationary increases with an emphasis on
grant utilization. This approach ensures all problem-solving courts in Michigan can maintain
services and assist participants. Each year we receive grant requests that greatly exceed the total
amount spent in the preceding fiscal year and available funding for awards to courts. I assure
you that we make every effort to fully fund reasonable grant requests. It is our hope that these
changes will create reliability when budgeting in your court.
September 28, 2022
Page Two
Please also keep in mind that we will continue to consider reallocations throughout the
fiscal year. If you find that additional funding is needed to support your program during fiscal
year 2023, please make a request through the WebGrants system. If you are not able to spend all
of your grant award, please notify us as soon as possible so that we may transfer a portion of
your grant award to a program with additional need.
To assist with grant utilization, SCAO has eliminated certain spending caps this year and
expanded the list of allowable expenses so that courts have more discretion in managing their
problem-solving court programs.
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@courts.mi.gov. For assistance in
publicizing the success of your court, please contact John Nevin at 517-373-0129 or
nevinj@courts.mi.gov.
Sincerely,
Thomas P. Boyd
State Court Administrator
cc: Honorable Julie A. Nicholson
Honorable Nancy T. Carniak
Andrew Smith, Problem-Solving Courts Manager
Michele Muscat, SCAO Region VI Administrator
Amy Luce, Court Administrator/Project Director
Michigan Supreme Court
State Court Administrative Office
Michigan Drug Court Grant Program
Fiscal Year 2023 Contract
Grantee Name: 52-3 District Court — Hybrid DWI/Drug Court
Unique Identifier: U10104
Federal ID Number: 38-6004876
Contract Number: 28615
Grant Amount: $13,123
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. “Confidential Information” also includes all
individualized, nonaggregated data relating to individuals, including, but not limited to, personally
identifiable information (“PII”) and information protected by the Health Insurance Portability and
Accountability Act. 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
DocuSign Envelope ID: E9245C04-B91F-4FCB-A5DE-3FBEA0EA4E46
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.
1.08 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.
1.16 The term “WebGrants” refers to the web-based grant management system used by SCAO.
1.17 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.
DocuSign Envelope ID: E9245C04-B91F-4FCB-A5DE-3FBEA0EA4E46
2. PARTIES
2.01 This Contract is between the SCAO and the 52-3 District Court — Hybrid DWI/Drug
Court (Grantee).
3. AMOUNT AND GRANT PROGRAM
3.01 The SCAO will reimburse the Grantee up to $13,123 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, 2022, and ends on September 30, 2023, 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. RELATIONSHIP AND DUTIES
6.01 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.
6.02 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.
6.03 The Grantee is responsible for payment of all Taxes arising out of the Grantee’s Services
in accordance with this Contract.
6.04 The Grantee does not, and shall not, have the authority to enter into contracts on the
SCAO’s behalf.
6.05 Except for the grant amount, the SCAO and the Michigan Supreme Court (MSC) have
no financial obligation to the Grantee.
6.06 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.
7. REIMBURSEMENT AND BUDGET
7.01 This is a reimbursement-based grant for Services rendered.
7.02 The Grantee’s Expenses are eligible for reimbursement only after the Grantee has paid
the Expenses.
DocuSign Envelope ID: E9245C04-B91F-4FCB-A5DE-3FBEA0EA4E46
7.03 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.
7.04 The Grantee’s Expenses are eligible for reimbursement only if included on the allowable
expense list and the approved budget.
7.05 The Grantee’s Expenses are eligible for reimbursement only after the Grantee has
exhausted all other available funding options that were designated for the project. Examples of
potential other available funding options include local court or county funding, federal funding,
participant fees, and funding from nonprofit organizations. The Grantee is not required to first spend
funds that were not designated for the project. Once the Grantee has exhausted all other available
funding options that were designated for the project, then the grant funds under this Contract can be
used. If the Grantee has other available funding options that were designated for the project 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.
7.06 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.
7.07 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.
7.08 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.
7.09 All Expense reimbursement is subject to the SCAO’s approval.
7.10 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.
8. RELIGIOUS PROGRAMMING
8.01 The Grantee will not spend grant funds on a program that has a religious component.
8.02 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.
9. ASSIGNMENT
9.01 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.
10. PROCURMENT CONTRACTS AND SUBRECIPIENT SUBCONTRACTS
DocuSign Envelope ID: E9245C04-B91F-4FCB-A5DE-3FBEA0EA4E46
10.01 The Grantee may enter into procurement contracts and subrecipient subcontracts for
activities under this grant.
10.02 The Grantee must provide the SCAO with copies of any procurement contracts if the
SCAO requests them.
10.03 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.
10.04 The Grantee must provide a copy of this Contract to all subrecipients and subcontractors.
11. CONFIDENTIAL INFORMATION
11.01 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.
11.02 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.
11.03 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 26 of this Contract
before disclosure and shall reasonably cooperate with the SCAO to (1) narrowly tailor disclosure and
(2) support SCAO’s efforts to obtain protective orders or other relief as appropriate.
11.04 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.
11.05 This section survives termination or expiration of this Contract.
DocuSign Envelope ID: E9245C04-B91F-4FCB-A5DE-3FBEA0EA4E46
12. RIGHTS TO WORK PRODUCT, INVENTIONS, AND IMPROVEMENTS
12.01 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.
12.02 The SCAO shall have copyright, property, and publication rights in all Work Product
developed in connection with this Contract.
12.03 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.
12.04 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.
12.05 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.
12.06 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.
12.07 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. 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.
12.08 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.
13. INSURANCE
13.01 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
and Grantee’s agents’ Services under this Contract.
14. LIABILITY AND INDEMNIFICATION
14.01 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.
14.02 The Grantee warrants that, before entering into this Contract, it is not subject to any
liabilities or expenses that could interfere with Contract performance.
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14.03 The SCAO is not responsible for Liabilities and Expenses that result from the Grantee’s
or Grantees’ agents’ performance, nonperformance, or property.
14.04 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 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.
15. FINANCIAL RECORDS, RETENTION, AND INSPECTION
15.01 The Grantee agrees that all Expenses comply with the standard procedures of the
Grantee’s funding unit.
15.02 The Grantee agrees to maintain financial records that follow generally accepted
accounting principles.
15.03 The Grantee must maintain an accounting system with grant financial records that are
kept separately from the Grantee’s other financial records.
15.04 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.
15.05 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.
15.06 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.
16. GRANT REPORTING
16.01 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.
16.02 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.
16.03 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 26 of
this Contract.
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17. SUSPENSION, TERMINATION, AND REDUCTION
17.01 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 funds are exempt from
certification requirements in Section 23.
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 16 is at least 45 days late.
17.02 Each Party has the right to terminate this Contract without cause, including termination
by the Grantee if the Grantee has indicated that they do not plan to spend all or some of the grant funds.
If the Grantee is the terminating party, the Chief Judge of the Grantee must notify the SCAO in writing
of such termination. The Grantee will still be required to fulfill the grant reporting requirements under
Attachment 1 as required by the terms of the grant and as otherwise directed by the SCAO. The
termination date of this Contract will be the date that the Grantee has met all grant reporting requirements
as determined by the SCAO.
17.03 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.
17.04 If the SCAO terminates this Contract under Section 17, with the exception of termination
stated in Section 17.01(F), 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.
17.05 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.
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18. COMPLIANCE WITH LAWS
18.01 The Grantee must comply with all federal, state, and local laws and applicable ethics,
rules, and canons.
19. MICHIGAN LAW
19.01 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.
20. CONFLICT OF INTEREST
20.01 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.
21. DEBT TO STATE OF MICHIGAN
21.01 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.
22. CONTRACT DISPUTE
22.01 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 26 of this Contract.
23. PROGRAM CERTIFICATION
23.01 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.
24. PROGRAM REVIEW OR CERTIFICATION SITE VISIT
24.01 The SCAO may review the Grantee onsite. As part of the review, 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.
25. AMENDMENT
25.01 The parties may amend this Contract only in writing signed by both parties.
25.02 The SCAO and the Grantee must submit a budget/project amendment through
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WebGrants. An example of a budget amendment is the Grantee requesting to move money from one
approved line item in the budget to another approved line item in the budget, and the SCAO approving
the requested budget amendment. The SCAO and the Grantee must also notify the other party in
WebGrants 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.
26. DELIVERY OF NOTICE
26.01 Written notices and communications required under this Contract 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:
26.02 The Grantee’s contact person is:
Amy Luce
52-3 District Court
700 Barclay Circle
Rochester Hills, Michigan 48307
lucea@oakgov.com
26.03 The SCAO’s contacts are:
Andrew Smith
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, MI 48909
Smitha@courts.mi.gov
and
Ryan Gamby
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, MI 48909
Gambyr@courts.mi.gov
27. GRANTEE’S AUTHORIZING OFFICIAL
27.01 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 and must be an employee of the
Grantee’s funding unit. 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.
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27.02 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.
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SIGNATURES OF PARTIES
Michigan Drug Court Grant Program
CONTRACT NUMBER: 28615
28. SIGNATURE OF PARTIES
28.01 This Contract is not effective unless signed by both Parties.
28.02 The signatures on this contract are electronic through the DocuSign system.
28.03 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.
28.04 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.
52-3 District Court State Court Administrative Office
Hybrid DWI/Drug Court
________________________________ ___________________________________
Grantee's Authorizing Official’s Signature Authorizing Official’s Signature
________________________________ ___________________________________
Grantee’s Authorizing Official’s Name Authorizing Official’s Name
________________________________ ___________________________________
Grantee’s Authorizing Official’s Title Authorizing Official’s Title
________________________________ ___________________________________
Date Signed by Grantee’s Authorizing Official Date Signed by Authorizing Official
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ATTACHMENT 1
FY 2023 REPORTING REQUIREMENTS
October 1, 2022, through September 30, 2023
DCCMIS DATA EXCEPTION REPORT DUE DATE NOTE
February 15, 2023* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of October 1, 2022, through
December 31, 2022.
May 15, 2023* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of January 1, 2023, through
March 31, 2023.
August 15, 2023* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of April 1, 2023, through June 30, 2023.
November 15, 2023* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of July 1, 2023, through
September 30, 2023.
DCCMIS USER AUDIT
DUE DATE NOTE
January 31, 2023* Courts will be confirming user access to DCCMIS.
WEBGRANTS USER AUDIT REPORT
DUE DATE NOTE
January 31, 2023 Courts will be confirming user access to WebGrants.
CLAIMS
DUE DATE NOTE
January 10, 2023 Courts will be reporting on expenditures from October 1, 2022,
through December 31, 2022.
April 10, 2023 Courts will be reporting on expenditures from January 1, 2023,
through March 31, 2023.
July 10, 2023 Courts will be reporting expenditures from April 1, 2023, through
June 30, 2023.
October 10, 2023 Courts will be reporting expenditures from July 1, 2023, through
September 30, 2023.
PROGRESS REPORT
DUE DATE NOTE October 30, 2023*
Year-End Report
Courts will be reporting on progress made during the grant period –
October 1, 2022, through September 30, 2023.
*Planning Grants – If your court is receiving a FY 2023 planning grant, you are only required to
complete this report if the program becomes operational during this fiscal year.
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