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HomeMy WebLinkAboutResolutions - 2022.12.08 - 37783 AGENDA ITEM: Grant Acceptance from the Michigan Department of Corrections of the FY 2023 Community Corrections Funds 22-415 COMMITTEE MEETING: Board of Commissioners DATE: Thursday, December 8, 2022 9:52 AM - Click to View Agenda ITEM SUMMARY SHEET DEPARTMENT SPONSORED BY Public Services - Community Corrections Penny Luebs INTRODUCTION AND BACKGROUND This is a request to accept the FY 2023 Community Corrections grant from the Michigan Department of Corrections in the amount of $2,022,553. This grant will provide funding to continue the full funding for 13 positions and partial funding for 2 positions within Community Corrections that provide the program services, monitoring and operational oversight for Community Corrections. The Sheriff’s Office will see a funding reduction, going from 3 full-time inmate caseworker positions to 2 positions within the Correction Services Division, which provides in jail services under PA 511. 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 Eric Schmidt, Chief Community Corrections Public Services schmidte@oakgov.com ITEM REVIEW TRACKING Penny Luebs, Created/Initiated - 12/8/2022 David Woodward, Board of Commissioners Approved - 12/8/2022 Hilarie Chambers, Executive's Office Approved - 12/9/2022 Lisa Brown, Clerk/Register of Deeds Final Approval - 12/13/2022 AGENDA DEADLINE: 12/08/2022 11:15 AM COMMITTEE TRACKING 2022-11-29 Public Health & Safety - Recommend and Forward to Finance 2022-11-30 Finance - Recommend to Board 2022-12-08 Full Board - Adopted ATTACHMENTS 1. FY 2023 Community Corrections Grant Sched A 2. Grant Review Sign-Off 3. 2023-1-23 Oakland County 4. Attachment A, Budget Adjustment Request Form 5. Attachment B, User Agreement Form - Revised 6. Attachment C, Security Agreement Data - Revised 7. Attachment D, State of Michigan Technical Standard 1340.00.130.02 Acceptable Use of Information Technology 8. Attachment E, Quarterly Report 9. Attachment F, Grantee Regulations (CONTRACTOR REGULATIONS OF CONDUCT) December 8, 2022 RESOLUTION #2022-2278 _ 22-415 Sponsored By: Penny Luebs Public Services - Community Corrections - Grant Acceptance from the Michigan Department of Corrections of the FY 2023 Community Corrections Funds Chairperson and Members of the Board: WHEREAS the Department of Public Services Community Corrections Division applied to the Michigan Department of Corrections (MDOC) for a total of $2,022,553 in grant funds for the period of October 1, 2022, through September 30, 2023; and WHEREAS the MDOC has awarded Oakland County a 2022/2023 Community Corrections grant in the total amount of $2,022,553 which is a continuation budget; and WHEREAS the amount of $2,022,553 is the County’s responsibility as shown on Schedule A; and WHEREAS the grant award continues to fund thirteen (13) Special Revenue (SR) full-time eligible (FTE) positions #07425, 07426, 07429, 07432, 07433, 09243, 09247, 09291, 09295, 09648, 09649, 011772, 15496 and one (1) SR part-time non-eligible (PTNE) position # 12230 within the Community Corrections Division; and WHEREAS the grant award also provides partial funding for two (2) positions 07834 and 09396 within the Community Corrections Division, whereby the State will fund 50% of the costs for these two (2) positions, and the County will match the remaining 50%; and WHEREAS the grant award funds two (2) SR FTE Inmate Caseworker positions (#4030301-07418, and 07419) within the Sheriff’s Office – Correction Services Division; and WHEREAS the grant acceptance will eliminate one (1) SR FTE Inmate Caseworker position (#4030301-07420) within the Sheriff’s Office – Correction Services due to reduced program utilization; and WHEREAS there is no County match required with this grant; however, it should be noted that the FY 2023 Budget of this grant includes two (2) SR FTE positions (#1070401-07834 and 09396) partially funded by General Fund/General Purpose at the cost of $137,225; and WHEREAS the grant agreement has completed the Grant Review Process in accordance with the Board of Commissioners Grant Acceptance Procedures 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 accepts the Fiscal Year 2023 Community Corrections grant from the Michigan Department of Corrections in the amount of $2,022,553. BE IT FURTHER RESOLVED to continue the following Special Revenue (SR) positions in Community Corrections: #1070402-07425, 07426, 07429, 07432, 07433, 09247, and 011772; #1070410-09243, 09291, 09648, 09649, 09295, 09396, 15496 and 12230; and #1070403-07834. BE IT FURTHER RESOLVED to continue full funding for two (2) SR FTE Inmate Caseworker positions (#4030301-07418 and 07419) within the Sheriff’s Office – Correction Services Division. BE IT FURTHER RESOLVED to delete one (1) SR funded FTE Inmate Caseworker position (#4030301-07420) within the Sheriff’s Office – Correction Services Division. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of the Special Revenue positions in the grant is contingent upon continued future levels of grant funding. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that the FY 2023 Special Revenue budget is amended as detailed in the attached Schedule A. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs. Date: December 08, 2022 David Woodward, Commissioner Date: December 09, 2022 Hilarie Chambers, Deputy County Executive II Date: December 13, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-11-29 Public Health & Safety - Recommend and Forward to Finance 2022-11-30 Finance - Recommend to Board 2022-12-08 Full Board - Adopted VOTE TRACKING Motioned by Commissioner Penny Luebs seconded by Commissioner Karen Joliat to adopt the attached Grant Acceptance: from the Michigan Department of Corrections of the FY 2023 Community Corrections Funds . Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Chuck Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (20) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. FY 2023 Community Corrections Grant Sched A 2. Grant Review Sign-Off 3. 2023-1-23 Oakland County 4. Attachment A, Budget Adjustment Request Form 5. Attachment B, User Agreement Form - Revised 6. Attachment C, Security Agreement Data - Revised 7. Attachment D, State of Michigan Technical Standard 1340.00.130.02 Acceptable Use of Information Technology 8. Attachment E, Quarterly Report 9. Attachment F, Grantee Regulations (CONTRACTOR REGULATIONS OF CONDUCT) 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 December 8, 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, December 8, 2022. Lisa Brown, Oakland County Clerk / Register of Deeds Oakland County, Michigan COMMUNITY CORRECTIONS/SHERIFF'S OFFICE FY 2023 COMMUNITY CORRECTIONS COMPREHENSIVE PLAN GRANT AWARD 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 Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 RC615571 PRG113180 GRN-0001121 615000 Grants State $(1,655,291) R Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 RC615571 PRG112650 GRN-0001121 615000 Grants State (367,262) Total Revenues $(2,022,553) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113000 GRN-0001121 702000 Salaries $(130,300.00) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113000 GRN-0001121 722000 Fringe Benefits (81,485) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731213 PRG113000 GRN-0001121 730000 Membership, Dues (500) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC732018 PRG113000 GRN-0001121 730000 Travel, Conference (500) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC773630 PRG113000 GRN-0001121 770000 IT Development (10,000) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC770631 PRG113000 GRN-0001121 770000 Bldg, Space Rental (9,207) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731941 PRG113000 GRN-0001121 730000 Training (3,500) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC774636 PRG113000 GRN-0001121 770000 IT Cost (2,100) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC778675 PRG113000 GRN-0001121 770000 Telecommunications (1,100) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731388 PRG113000 GRN-0001121 730000 Public Education (Printing)(500) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731818 PRG113000 GRN-0001121 730000 Board expense (Special Event Program)(1,000) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC730373 PRG113000 GRN-0001121 730000 Contracted Services (61,930) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113020 GRN-0001121 702000 Salaries (120,854) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113020 GRN-0001121 722000 Fringe Benefits (73,199) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113035 GRN-0001121 702000 Salaries (52,400) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113035 GRN-0001121 722000 Fringe Benefits (32,480) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC730373 PRG113035 GRN-0001121 730000 Contracted Services (50,000) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG123010 GRN-0001121 702000 Salaries (247,868) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG123010 GRN-0001121 722000 Fringe Benefits (148,522) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113120 GRN-0001121 702000 Salaries (30,085) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113120 GRN-0001121 722000 Fringe Benefits (1,582) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731773 PRG113120 GRN-0001121 730000 Software Rental/Lease (2,600) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731458 PRG113120 GRN-0001121 730000 Professional Services (45,000) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113130 GRN-0001121 702000 Salaries (285,042) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113130 GRN-0001121 722000 Fringe Benefits (170,450) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731456 PRG113130 GRN-0001121 730000 Professional Services (26,000) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC730373 PRG113130 GRN-0001121 730000 Contracted Services (6,000) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113131 GRN-0001121 702000 Salaries (37,467) E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113131 GRN-0001121 722000 Fringe Benefits (23,620) E Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 SC702010 PRG112651 GRN-0001121 702000 Salaries (116,021) E Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 SC722740 PRG112651 GRN-0001121 722000 Fringe Benefits (67,110) E Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 SC730373 PRG112651 GRN-0001121 730000 Contracted Services (1,000) E Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 SC702010 PRG113130 GRN-0001121 702000 Salaries (116,021) E Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 SC722740 PRG113130 GRN-0001121 722000 Fringe Benefits (67,110) Total Expenditures (2,022,553) R Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 RC615571 PRG113180 GRN-0003947 615000 Grants State $1,775,319 R Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 RC615571 PRG112650 GRN-0003947 615000 Grants State 247,234 Total Revenues $2,022,553 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113000 GRN-0003947 702000 Salaries $137,225 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113000 GRN-0003947 722000 Fringe Benefits 73,553 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731213 PRG113000 GRN-0003947 730000 Membership, Dues 500 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC732018 PRG113000 GRN-0003947 730000 Travel, Conference 500 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC773630 PRG113000 GRN-0003947 770000 IT Development 10,000 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC770631 PRG113000 GRN-0003947 770000 Bldg, Space Rental 9,207 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731941 PRG113000 GRN-0003947 730000 Training 3,500 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC774636 PRG113000 GRN-0003947 770000 IT Cost 2,100 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC778675 PRG113000 GRN-0003947 770000 Telecommunications 1,100 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731388 PRG113000 GRN-0003947 730000 Public Education (Printing)500 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731818 PRG113000 GRN-0003947 730000 Board expense (Special Event Program)1,000 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC730373 PRG113125 GRN-0003947 730000 Contracted Services 114,254 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113020 GRN-0003947 702000 Salaries 128,662 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113020 GRN-0003947 722000 Fringe Benefits 68,532 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113035 GRN-0003947 702000 Salaries 61,486 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113035 GRN-0003947 722000 Fringe Benefits 33,269 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC730373 PRG113035 GRN-0003947 730000 Contracted Services 48,878 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG123010 GRN-0003947 702000 Salaries 282,944 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG123010 GRN-0003947 722000 Fringe Benefits 150,115 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113120 GRN-0003947 702000 Salaries 30,536 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113120 GRN-0003947 722000 Fringe Benefits 1,643 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731773 PRG113120 GRN-0003947 730000 Software Rental/Lease 2,600 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC731458 PRG113120 GRN-0003947 730000 Professional Services 78,000 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113130 GRN-0003947 702000 Salaries 303,530 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113130 GRN-0003947 722000 Fringe Benefits 161,829 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC730373 PRG113130 GRN-0003947 730000 Contracted Services 6,000 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC702010 PRG113131 GRN-0003947 702000 Salaries 40,870 E Community Corrections Comprehensive Grant Community Corrections FND11003 CCN1070401 SC722740 PRG113131 GRN-0003947 722000 Fringe Benefits 22,986 E Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 SC702010 PRG112651 GRN-0003947 702000 Salaries 82,493 E Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 SC722740 PRG112651 GRN-0003947 722000 Fringe Benefits 40,624 E Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 SC730373 PRG112651 GRN-0003947 730000 Contracted Services 1,000 E Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 SC702010 PRG113130 GRN-0003947 702000 Salaries 82,493 E Community Corrections Comprehensive Grant Sherriff - Corrective Services FND11003 CCN4030301 SC722740 PRG113130 GRN-0003947 722000 Fringe Benefits 40,624 Total Expenditures $2,022,553 GRANT REVIEW SIGN-OFF – Public Services/Community Corrections GRANT NAME: FY 2023 Michigan Department of Corrections/Office of Community Corrections Grant FUNDING AGENCY: Michigan Department of Corrections DEPARTMENT CONTACT: Eric Schmidt 248-451-2305 STATUS: Grant Acceptance (Greater than $10,000) DATE: 10/25/2022 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 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. Deletes one (1) position, so HR action is approved. HR Write Up will be sent to Barb and Eric to include in the BOC packet. – Heather Mason (10/25/2022) Risk Management: Approved – R.E. (10/25/2022) Corporation Counsel: Approve – Brandon Buck (10/25/2022) 1 STATE OF MICHIGAN DEPARTMENT OF CORRECTIONS OFFICE OF COMMUNITY CORRECTIONS P.O. BOX 30003 LANSING, MICHIGAN 48909 GRANT NO. CPS-2023-1-23 between THE DEPARTMENT OF CORRECTIONS and GRANTEE NAME AND ADDRESS: Oakland County 250 Elizabeth Lake Road, Ste. 1520 Pontiac, I 48341 GRANTEE TELEPHONE: 248-451-2305 MDOC CONTACT: GRANTEE CONTACT: Eric Schmidt Douglas Clark DESCRIPTION OF GRANT: Community Corrections – Provide programs and services that shall enhance jail utilization, reduce the prison commitment rate, and impact recidivism. GRANT PERIOD: 1 Year FROM: October 1, 2022 TO: September 30, 2023 BUDGET INFORMATION: TOTAL AUTHORIZED BUDGET: $2,022,553.00 2 FOR THE GRANTEE: FOR THE STATE: Firm Name Signature Lia Gulick Authorized Agent Signature Name Deputy Director, MDOC Authorized Agent (Print or Type) Title Date Date 3 GRANT AGREEMENT TERMS This GRANT AGREEMENT (“Grant”) is agreed to between the State of Michigan Department of Corrections (“MDOC”) and Oakland County (“Grantee”). This Grant is effective on October 1, 2022 (“Effective Date”), and unless terminated earlier as provided in this Agreement, expires on September 30, 2023 (the “Term”). PART I – PROGRAM REQUIREMENTS 1.0 Statement of Purpose Funds awarded through this Grant are to provide services pursuant to the Community Corrections Act (“CCA”), 1988 PA 511, MCL 791.401, et seq; and are based upon Grantee’s Comprehensive Corrections Plan, inclusive of the approved program descriptions and approved budget documents, and the Proposal for Community Corrections Funds (“Grantee’s Plan”), and hereby made part of this Grant. Grantee’s Plan outlines local goals, objectives, and priorities to decrease prison admissions and increase utilization of community-based sanctions and services for eligible participants and improve jail utilization. MDOC has approved Grantee’s Plan and the award of Community Corrections funds for implementation of Grantee’s Plan. This Grant defines the roles and responsibilities of the Grantee and the MDOC and the terms and conditions which apply during the term of this Grant. 1.1 General Requirements A. The Grantee must be a lawful entity duly established under the laws of the State of Michigan (the “State”) and have the proper authority to apply for funds under this Grant as set forth in the CCA. Section 6 of the CCA, MCL 791.406, sets forth the governmental entities that have the proper authority to apply for funds, which include counties, cities, and regional advisory boards. Section 10 of the CCA, MCL 791.410, sets forth the criteria for a nonprofit to apply for funding. B. The Grantee shall implement policies and procedures and deliver services to eligible participants in accordance with the goals and objectives, standards and policies as set forth in the CCA and the Grantee’s program description and budget as approved by the MDOC. C. The MDOC does not guarantee the Grantee a minimum number of referrals. D. The Grantee must provide services for all eligible participants, including transgender and gender nonconforming participants. 1.2 Staffing Requirements A. Contractors and Subcontractors: Grantee has the right to select contractors and subcontractors to assist with the Grant. 4 B. Staffing Standards 1. Criminal Record: Prior to Grantee’s employee, contractor, or subcontractor (collectively “Grantee Staff”) performing any services under the Grant, Grantee will ensure that no Grantee Staff (i) has a pending criminal prosecution, (ii) is under the supervision of a criminal justice agency for a felony, (iii) is required to register as a sex offender or (iv) has a felony conviction that occurred in the previous 5 years, unless MDOC’s Grant Administrator or designee has provided prior written approval for the Grantee Staff to perform the work. Grantee Staff who have active warrants, are under criminal justice supervision, or are required to register as a sex offender shall not be appointed to perform any services unless MDOC’s Contract Monitor or designee has provided prior written approval for the Grantee Staff to perform the work. The Grantee shall ensure that no Grantee Staff related as an immediate family member to a participant is assigned to perform services in a program in which such participant is enrolled in, unless prior written approval to such an assignment has been obtained from the Grant Administrator via CAJ-202. “Immediate family member” includes: a participant’s spouse, child, parent, stepparent, grandparent, grandchild brother, sister, parent-in-law brother-in- law sister-in-law, nephew, niece, aunt, uncle, first cousin, or the spouse or guardian of any persons described in this subdivision. The MDOC may request documentation, including but not limited to, an affidavit from Grantee Staff stating that no familial relation exists with a participant in the program in which he/she will be providing services. C. Law Enforcement Information Network 1. Grantee employees that provide direct services to participants (prisoner, parolee, probationer, pretrial defendants), handle or may have access to participant records, or provides supervisory services to staff performing these functions, must complete the Law Enforcement Information Network (LEIN) Information Form at the start of the Grant and annually thereafter, as directed by the Michigan Department of Corrections. 2. The completed LEIN Information Form must be sent to the MDOC-PMCD- FOA-LEINS@michigan.gov and approved by MDOC prior to Grantee employees working with participants. There is no cost associated with the LEIN. The LEIN form will be provided to the Grantee. 3. Grantee must perform background checks on contractor and subcontractor staff prior to their assignment. Documentation must be provided upon request to the State of Michigan. Grantee ensures all costs associated with processing the background checks will be paid. The State, in its sole discretion, may also perform background checks. The background check must include the Michigan State Police Internal Criminal History Access Tool (ICHAT), or the municipal/federal equivalent. The Contractor must maintain a copy of the background check(s) for auditing purposes. 4. Grantee staff may be required to complete and submit an RI-8 Fingerprint Card for Fingerprint Checks to the MDOC. D. Licensing: 5 The Grantee shall ensure its Grantee Staff that provide substance use outpatient and assessment services are qualified and experienced in the contracted area of clinical treatment as follows: Bachelors-level: 1. Must possess a bachelor’s degree in the Behavioral Sciences (Social Work, Counseling, or Psychology) 2. Must possess appropriate state licensure and credentials at time of hire or an approved development plan in place with eligibility to obtain certification within six months of starting services. The Grantee shall ensure its Grantee Staff that provide outpatient mental health services are qualified and experienced in the contracted area of counseling as follows: Master’s-level: 1. Must possess a master’s degree or above in the Behavioral Sciences (Social Work, Counseling, or Psychology) 2. Must possess appropriate licensure through the State of Michigan to practice. 3. Must have one year of experience in the contracted treatment area. Bachelors-level 1. Must possess a bachelor’s degree in the Behavioral Sciences (Social Work, Counseling, or Psychology) 2. Must possess appropriate licensure through the State of Michigan to practice. 3. Must have three years of experience in the contracted treatment area. Other combinations of education and experience the MDOC considers adequate to perform the necessary tasks effectively and efficiently, and which have been specifically approved by the MDOC may be allowed at the sole discretion of MDOC. E. Training In accordance with MDOC instruction, grantee employees, contractor(s) staff, and subcontractor(s) staff who provide direct services to participants must complete MDOC provided training before providing services under this grant. Exceptions may be made for transfers or employees with prior MDOC work experience in similar positions who have completed MDOC training previously. Contact the MDOC Contract Monitor with any questions concerning MDOC training. 1.3 Budget and Financial Reporting A. All funds shall only be spent in accordance with this Grant B. Changes in the budget require written approval of the MDOC. The Budget Adjustment Request form is Attachment A, Budget Adjustment Request (BAR) Form. C. This Grant does not commit the State or the MDOC to approve requests for additional funds at any time. 6 D. Travel reimbursement shall be allowed solely in compliance with the State’s Standardized Travel Regulations. The current Standardized Travel Regulations and travel rates authorized by the State may be found at http://www.michigan.gov/dtmb/0,5552,7-150-9141_13132---,00.html. Reimbursement of Out-of-State travel costs requires pre-approval of the MDOC Grant Administrator. 1.4 Payment Schedule Payments to the Grantee shall be made in accordance with the following terms: A. The MDOC shall reimburse the Grantee for all approved actual and incurred costs to support approved program and administrative activity up to the total amount authorized in the Grantee’s Plan as the “Total Authorized Budget”. MDOC will only pay for expenditures that occurred during the Term of the Grant. The Monthly Expenditure Reports must be emailed to OCC@michigan.gov in Microsoft Excel format no later than 30 calendar days following the month in which expenses were incurred. General Ledger documentation supporting monthly expenditures shall be provided and additional supporting documentation may be requested to accompany the Monthly Expenditure Report. Expenditures not received prior to the 30th calendar day may be denied payment. B. Payments are conditional upon the Grantee’s submittal of all required monthly expenditure and program data, and responses to financial audits. All reports shall be completed in the format provided by the MDOC. C. Program enrollments must be comprised of the target population identified within the approved program descriptions. D. Pursuant to section 11 of the CCA, MCL 791.411, Administrative costs shall not exceed 30% of the total funding recommended for the implementation of the comprehensive corrections plan (Total Authorized Budget). Reimbursement of all costs may be adjusted by the MDOC through a BAR and/or change notice process. E. MDOC will only disburse payments under this Grant through Electronic Funds Transfer (EFT). Grantee must be registered with the State at http://www.michigan.gov/SIGMAVSS to receive electronic fund transfer payments. If Grantee is not registered, MDOC is not liable for failure to provide payment. 1.5 Program Eligibility The Grantee shall ensure that participants receiving services under this Grant meet the eligibility requirements approved by MDOC within Grantee’s Plan. Program eligibility overrides may be requested in writing to the assigned OCC Specialist. Once a response is provided it must be maintained in the participant’s file. 1.6 Monitoring and Reporting Program Performance A. Monitoring: 7 Data Program Participation and Offender Profile Data must be maintained within the data management system that is pre-approved by the MDOC and remain current throughout the term of the Grant. Grantee Staff shall complete a User Agreement Form (Attachment B), Security Agreement Data Processing (Attachment C), and State of Michigan Technical Standard 1340.00.130.02 Acceptable Use of Information Technology (Attachment D) for all staff entering data into the data management system and submit it to MDOC prior to any Grantee Staff completing data entry. The Grantee is responsible for notifying MDOC of the termination of any Grantee Staff with access to the data management system no later than 2 business days after termination or suspension of employment. The Grantee must upload accurate program participation and offender profile data to the data management system approved by the MDOC no later than 30 calendar days after the end of each month. The Grantee must submit an accurate Quarterly Report (Attachment E) by email to your Community Corrections Specialist no later than 30 calendar days following the quarterly report period: 1. Quarter 1 is October 1 – December 31 2. Quarter 2 is January 1 – March 31 3. Quarter 3 is April 1 – June 30 4. Quarter 4 is July 1 – September 30 The Grantee shall enter accurate and timely program participation and offender profile data throughout the term of this Grant. Data and information shall be submitted in a format provided by the MDOC that includes, but is not limited to: 1. Data pertaining to participant participation in all programs and selected characteristics of participants determined eligible for and enrolled in programs. The data elements required to be accurately entered shall include, at a minimum: a. Person/Case Record Status b. SID c. MDOC Number (if applicable) d. Name of participant e. Race f. Gender g. Date of Birth h. County i. Legal Status j. Date enrolled/terminated from each program/case k. Termination code 2. All programming must have sign-in sheets for each session and may be requested. If requested, sign in sheets shall be submitted with expenditure reports. The sign-in sheets shall include, at a minimum: a. Date of the session b. Name of the program 8 c. Name and signature of participants C. CCAB Meeting: 1. There must be a minimum of at least four CCAB meetings a year to review and approve the Quarterly Reports, and the application for the next year’s grant. 2. The Grantee shall make all approved CCAB meeting minutes available at the time of the MDOC review. D. Prisoner Rape Elimination Act of 2003 (PREA), 42 U.S.C. § 15601 The Grantee must report any information concerning violations of PREA as soon as made aware of the alleged occurrence to the Supervising Agent, Grant Administrator and Contract Monitor. 1.7 Grantee Regulations (CONTRACTOR REGULATIONS OF CONDUCT FOR SERVICES PURSUANT TO A COMPREHENSIVE PLANS AND SERVICES GRANT ADMINISTERED UNDER 1988 PA 511) Grantee staff, as defined in Sec. 1.2 B, that provide direct services to participants, handle or may have access to participant records, or provides supervisory services to staff performing these functions, must read and sign the MDOC Grantee Regulations (Attachment F) as directed by the MDOC. The PMCD Contract Monitor will email the Grantee with a copy of the applicable Grantee Regulations. If there are revisions to the Grantee Regulations during the grant period, the PMCD Contract Monitor will provide the updated Grantee Regulations to the Grantee for Grantee Staff signatures. Grantee Signature pages must be returned to the PMCD Contract Monitor within 30 days of receipt of the Grantee Regulations and signed contracts. Grantee’s Contractor staff signature pages must be returned to the Grantee within 30 days of receipt of the Grantee Regulations and signed fully executed Grantee’s Contractor contracts. 9 PART II - GENERAL PROVISIONS 2.1 Project Changes The Grantee must obtain prior written approval for project changes from the assigned MDOC Grant Specialist. 2.2 Notices Any notice to any other party required by this Grant will be submitted in writing and deemed effectively given: (a) when received, if delivered by hand (with written confirmation of receipt); (b) when received, if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by e-mail (with confirmation of transmission), if sent during normal business hours of the recipient, and on the next business day, if sent after normal business hours of the recipient; or (d) when received, if mailed by certified or registered mail, return receipt requested, postage prepaid. Unless either party notifies the other in writing of a different mailing address, notice to the parties will be transmitted as indicated below: To the MDOC: Douglas Clark 206 E. Michigan Lansing, MI 48933 Phone: 517-219-2370 Clarkd15@michigan.gov To Grantee: Eric Schmidt, Manager 250 Elizabeth Lake Road, Ste. 1520 Pontiac, MI 48341 Tel: 248-451-2305 Fax: 248-451-2319 E-mail: schmidte@oakgov.com 2.3 Record Retention The Grantee will maintain all records and detailed documentation regarding this Grant, including all financial records, supporting documents, statistical records, and all other pertinent records, for a period of not less than seven (7) years from the date of Grant termination, the date of submission of the final expenditure report, or until any litigation and audit findings have been resolved, whichever is later, unless a longer retention period is specified by Grantee’s retention and disposal schedule. 2.4 Program Income All program income, if any, may be added to the program budget and used to further eligible program objectives. The final determination will be made by the MDOC Grant Manager. 10 2.5 Purchase of Equipment The purchase of equipment not specifically listed in the budget must have prior written approval of the MDOC Grant Manger. Equipment is defined as expendable personal property having a useful life of more than one year. Such equipment will be retained by the Grantee unless otherwise specified by the Grant Manager at the time of approval. 2.6 Accounting The Grantee will adhere to the Generally Accepted Accounting Principles and will maintain records which will allow, at a minimum, for the comparison of actual outlays with budgeted amounts. The Grantee's overall financial management system must ensure effective control over and accountability for all funds received. Accounting records must be supported by source documentation including, but not limited to, balance sheets, general ledgers, timesheets and invoices. The expenditure of State funds will be reported by line item and compared to the budget. Funds provided under this Grant will be maintained or accounted for within a special revenue fund. 2.7 Audit A. Statutory Records Maintenance, Inspection, Examination, and Audit Pursuant to Section 470 of the Management and Budget Act, 1984 PA 431, MCL 18.1470, the State, or its designee, may audit Grantee to verify compliance with this Grant. Grantee must retain, and provide to the State or its designee and the auditor general upon request, all financial and accounting records related to the Grant through the Term and any extension of the Grant and for seven years after the latter of termination, expiration, or final payment under this Grant (“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, the State and its authorized representatives or designees have the right to enter and inspect Grantee's premises or any other places where activities under the Grant are being performed, and examine, copy, and audit all records related to this Grant. The State, and its authorized representatives or designees, and the Grantee shall mutually agree in writing to a date and time for the audit that is no more than 10 calendar days after the State first provides notice of its intent to audit. Grantee must cooperate and provide reasonable assistance. If any financial errors are revealed, the amount in error must be reflected as a credit or debit on subsequent requests for reimbursement until the amount is paid or refunded. This Section applies to Grantee and any contractors or subcontractors that perform services in connection with this Grant. 2.8 MDOC Reviews The MDOC and the Grantee must agree on a date and time for each review at Grantee’s location(s) to determine if the Grantee is complying with the 11 requirements of the Grant. The date and time must be agreed upon between the Grantee and the MDOC. The Grantee must assist the MDOC in the review process and provide all requested documents 15 days prior to the agreed upon review date. 2.9 Competitive Bidding The Grantee will comply with all applicable laws and regulations regarding competitive solicitation for all procurement transactions involving the use of State funds under this Grant. When competitive selection is not feasible or practical, the Grantee agrees to obtain the written approval of the MDOC Grant Administrator before making a sole source selection. Sole source contracts should be negotiated to the extent that such negotiation is possible. Grantee financial monitoring of contractors will be reviewed during the MDOC review, as well as contractor responses to any agency recommendations. 2.10 Limitation of Damages Neither party is liable for consequential, incidental, indirect, or special damages, regardless of the nature of the action. Liability of the MDOC is limited to the Total Authorized Budget specified for the fiscal year of the Grant giving rise to the claim. 2.11 Intellectual Property Unless otherwise required by law, all intellectual property developed using funds from this Grant (“Funded Developments”), including copyright, patent, and trademark rights, will belong to the Grantee. Grantee grants the State a nonexclusive, perpetual, worldwide, royalty-free, fully paid up, sublicensable license to make, use, distribute, copy, modify, create derivative works, publicly perform and display the Funded Developments. 2.12 Termination/Cancellation A. In instances of substantial noncompliance with program standards, participant eligibility, evidenced based practices, and Grant Agreement Terms, Grantee funding shall be halted. Except that before halting funding, MDOC shall do both of the following: a. Notify the Grantee of the allegations by way of a Corrective Action Plan (CAP) and b. Allow 30 days for a response. If a remedy agreement is reached in conjunction with the grantee in writing, MDOC shall allow 30 days following that agreement for the remedy to be implemented. B. Termination for Cause The State may terminate this Grant for cause, in whole or in part, if Grantee, as determined by the State: (a) breaches any of its material duties or obligations; (b) poses a serious and imminent threat to the health and safety of any person, or the imminent 12 loss, damage or destruction of any real or tangible personal property; or (c) fails to cure a breach within the time stated in a notice of breach. In the event that this Grant is terminated for cause, the State will only pay for amounts due to Grantee for expenditures approved by the State on or before the date of termination, and the Grantee will be responsible for all costs incurred by the State in terminating this Grant for cause, which may include State administrative costs, reasonable attorneys’ fees and court costs, and any other reasonable additional costs the State may incur. C. Termination for Convenience Either party may terminate this Grant for its convenience, in whole or part, for any reason and without penalty, by giving the other party written notice at least thirty days prior to the date of termination. If this Grant is terminated for convenience in part, the budget will be adjusted to reflect those reductions. In the event of a termination for convenience, the State will pay for amounts due to Grantee for expenditures approved by the State on or before the date of termination. D. Non-Appropriation The Grantee acknowledges that continuation of this Grant is subject to appropriation or availability of funds for this Grant. Notwithstanding any other provision of this Grant, if funds to enable the State to effect continued payment under this Grant are not appropriated or otherwise made available, the State will have the right to terminate this Grant, in whole or in part, at the end of the last period for which funds have been appropriated or otherwise made available, by giving written notice of termination to the Grantee. In the event of a termination under this section, the Grantee will, unless otherwise directed by the State in writing, immediately take all reasonable steps to terminate its operations and to avoid and/or minimize further expenditures under the Grant and the State will only pay for amounts due to Grantee for expenditures approved by the State on or before the date of termination to the extent funds are available. 2.13 No State Employees or Legislators No member of the Legislature, Judiciary of the State of Michigan, or any individual employed by the State will be permitted to receive benefits as a Grantee or as a contractor or subcontractor of this Grant. This section, however, does not preclude a member of the Legislature, Judiciary of the State of Michigan, or an individual employed by the State from participating as an eligible participant in accord with the goals and objectives of the Grant. 2.14 Nondiscrimination Nondiscrimination. Under the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and Executive Directive 2019-09. Grantee, its contractors and subcontractors 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 (as defined in Executive Directive 2019-09), height, weight, marital status, partisan considerations, any mental or physical 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 Contract. 13 2.15 Unfair Labor Practices Pursuant to 1980 PA 278, MCL 423.321, et seq., the State will not award a grant to a Grantee whose name appears in the current register of employers failing to correct an unfair labor practice compiled pursuant to MCL 423.322. A Grantee, in relation to the Grant, will not enter into a contract with a contractor or subcontractor, whose name appears in this register. Pursuant to MCL 423.324, the State may void any Grant if, subsequent to award of the Grant, the name of the Grantee as an employer or the name of the contractor or subcontractor of the Grantee appears in the register. 2.16 Confidential Information For the purposes of this Grant, the term “Confidential Information” means all information and documentation of a party that: 1) has been marked “confidential” or with words of similar meaning, at the time of disclosure by such party; 2) if disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarized in writing by the disclosing party and marked “confidential” or with words of similar meaning; and 3) should reasonably be recognized as confidential information of the disclosing party. Confidential Information also includes all information protected by state or federal law, including "Personal identifying information" as defined in the Identity Theft Protection Act, 2004 PA 452, MCL 445.63(q). The term “Confidential Information” does not include any information or documentation that is: 1. Subject to disclosure under the Michigan Freedom of Information Act (FOIA). 2. Already in the possession of the receiving party without an obligation of confidentiality. 3. Developed independently by the receiving party, as demonstrated by the receiving party, without violating the disclosing party’s proprietary rights. 4. Obtained from a source other than the disclosing party without an obligation of confidentiality; or, 5. Publicly available when received, or thereafter became publicly available (other than through any unauthorized disclosure by, through, or on behalf of, the receiving party). Each party must: (a) use the same degree of care it uses to protect its own Confidential Information to protect the disclosing party’s Confidential Information, but in any event not less than reasonable care; (b) use the disclosing party’s Confidential Information only in connection with the purposes of this Grant; and (c) limit access to the disclosing party’s Confidential Information to its employees, contractors, or subcontractors performing work in connection with the Grant. Each party must advise its employees, contractors, and subcontractors who receive or have access to any of the other party’s Confidential Information of its confidential nature. Upon the termination of this Grant, or at the written request of the disclosing party, the recipient party must return all copies of the disclosing party’s Confidential Information or certify in writing that all copies thereof have been destroyed, except as otherwise provided by law, including a party’s retention and disposal schedule. 2.17 Governing Law 14 This Grant is governed, construed, and enforced in accordance with Michigan law, excluding choice-of-law principles, and 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 in Michigan Court of Claims. Grantee consents to venue in Ingham County, and waives any objections, such as lack of personal jurisdiction or forum non conveniens. 2.18 Compliance with Laws The Grantee will comply with all applicable state, federal, and local laws and ordinances in performing this Grant. 2.19 Assignment The Grantee will not have the right to assign the Grant, or to assign any of its duties or obligations under the Grant, to any other party (whether by operation of law or otherwise), without the prior written consent of the MDOC. Any purported assignment in violation of this section will be null and void. 2.20 Adherence to Terms The failure of a party to insist upon strict adherence to any term of this Grant will not be considered a waiver or deprive the party of the right thereafter to insist upon strict adherence to that term, or any other term of the Grant. 2.21 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. 2.22 Survival The provisions of this Grant that impose continuing obligations will survive the expiration or termination of this Grant. 2.23 Media Releases Grantee will not make any media releases pertaining to the Grant without prior written authorization from MDOC, and then only in accordance with the explicit written instructions of MDOC. 2.24 Grant Modification No modification, amendment, or waiver of any provision of the Grant Agreement Terms or Total Authorized Budget of this Grant will be effective unless in writing and signed by authorized representatives of both parties. 15 2.25 Entire Grant This Grant, which includes Attachment A, Attachment B, Attachment C, Attachment D, Attachment E, Attachment F, Attachment G and expressly incorporated schedules and exhibits, contains the entire agreement of the parties and supersedes all prior and contemporaneous agreements, whether written or oral, concerning its subject matter. If there is a conflict between documents, the order of precedence is: (a) first, the Grant, excluding its schedules, exhibits, Attachment A, Attachment B, Attachment C, Attachment D, Attachment E, Attachment F, and Attachment G; (b) second, Attachment A; (c) third, Attachment B; (d) fourth, Attachment C; (e) fifth, Attachment D; (f) sixth, Attachment E; (g) seventh, Attachment F; (h) eighth, Attachment G; and (i) ninth, schedules and exhibits expressly incorporated into this Grant. 2.26 Contract Monitor The Program Specialist will work with the Grantee if performance concerns are identified. The Contract Monitor will review, document, and assess Grantee compliance to this grant: State: Chris Balmes 206 E. Michigan Ave. – 5th Floor Grandview Plaza Lansing, MI 48933 balmesc@michigan.gov 517-290-2935 Jordan Vollmar Conley 206 E. Michigan Ave. – 5th Floor Grandview Plaza Lansing, MI 48933 conleyj@michigan.gov 517-285-6400 16 Attachment A, Budget Adjustment Request (BAR) Form See attached Excel spreadsheet. Attachment B, User Agreement Form See attached Word document. Attachment C, Security Agreement Data Processing See attached Word document. Attachment D, State of Michigan Technical Standard 1340.00.130.02 Acceptable Use of Information Technology See attached Adobe PDF document. Attachment E, Quarterly Report See attached Excel spreadsheet. Attachment F, Grantee Regulations (CONTRACTOR REGULATIONS OF CONDUCT FOR SERVICES PURSUANT TO A COMPREHENSIVE PLANS AND SERVICES GRANT ADMINISTERED UNDER 1988 PA 511) See attached Word document. CCAB Name: FAX: 517/373-9545 Program Activity CCIS Program Code CURRENT AWARD AMOUNT PROPOSED INCREASE PROPOSED DECREASE PROPOSED AWARD AMOUNT Group-Based Programs Education B00 Employment B15 Cognitive C01 Domestic Violence C05 Sex Offender C06 Substance Abuse G18 Other Group Services G00 Sub Total Supervision Programs Intensive Supervision D23 Electronic Monitoring D08 Pretrial Supervision F23 Sub Total Assessment Services Actuarial Assessment I22 Pretrial Assessment F22 Sub Total Case Management I24 Substance Abuse Testing G17 Other Z00 5-Day Housing Z02 Total Program Funding Administration Salary & Wages Contractual Services Equipment Supplies Travel Training Board Expenses Other Total Administration (Not to exceed 30% of total Budget)#DIV/0! Total Administration with BAR (Not to exceed 30% of total Budget)#DIV/0! Total Program and Administration Authorized by: Community Corrections Manager Date MDOC-OCC@MICHIGAN.GOV MICHIGAN DEPARTMENT OF CORRECTIONS BUDGET ADJUSTMENT REQUEST FY 2023 E-MAIL:INSTRUCTIONS: Complete the appropriate section for Comprehensive Plans and Services. The rationale to support the request must be completed in order for the adjustment to be approved. MAIL: Michigan Department of Corrections OFFICE OF COMMUNITY CORRECTIONS RATIONALE TO SUPPORT REQUEST: COMPREHENSIVE PLANS AND SERVICE FUNDS Office of Community Corrections P.O. Box 30003 Lansing, MI 48909 Rev 3/19 Michigan Department of Corrections (MDOC) Northpointe Suite/COMPAS User Agreement A completed form is required for approval and must be submitted by a Site Liaison. Section 1 – New User Information / Modify Current Authorized User – ALL FIELDS REQUIRED Title/Position: Name (Last, First, MI): Organization Name: Organization Street Address: E-mail Address (PRINT):City: State:Zip Code: Last four of SSN: Date of Birth (MM/DD only): Phone Number: (xxx) xxx-xxxx ( ) - Work Home Cell County: Justification for access (i.e. duties requiring authorized access): As an Authorized User, I acknowledge that I am aware of and bound by the terms and conditions of this agreement. I also acknowledge that violating this policy may be subject to criminal penalties, prosecution, and/or potential discipline up to and including dismissal. I have read and agree to all terms of the Security Agreement and Acceptable Use of Information Agreement Authorized User’s Signature: Date: Section 2 – Responsible Party / Point of Contact / Site Liaison – ALL FIELDS REQUIRED Title/Position:Organization Name: Name (Last, First, MI): Phone Number: (xxx) xxx-xxxx ( ) - Work Home Cell E-mail (PRINT): Site Liaison’s Signature – By signing this document, the Site Liaison acknowledges that you have verified the content of this form, the MDOC Security Agreement, and the DTMB Acceptable Use agreement. Please ensure that all three forms must have signatures. Your signature below also serves as your verification that the applicant listed above is an authorized user. Site Liaison Signature: ___________________________________________________ Date:________________ Section 3 – Delete Authorized User (Only complete this section if you are requesting to terminate an Authorized User’s access) User’s Name (Last, First, MI): Title/Position: Organization Name: Username: Effective Date: Reason for Deleting: For MDOC Use Only Section 4 – For MDOC Use Only Application: Approved Denied Reason For Denial: Initials: Profile: MDOC Security Agreement DTMB Acceptable Use Agreement Initial Email Sent Date: Initials: Password Email Sent Date: Initials: Assigned Profiles: Rev 3/19 Section 5 – User Agreement and Acknowledgement KEEP THIS PAGE FOR YOUR RECORDS PRIVACY The information obtained in this application is required to qualify you as an Authorized CCIS User. Failure to provide any of the requested information shall result in the denial of this application. WARNING The Northpointe Suite is an official State of Michigan application for Authorized Users. It is managed by the MDOC. The use of this application will be monitored for security and administration purposes. Accessing this application constitutes consent to such monitoring. Any unauthorized access to this application or unauthorized use of the information provided by the Northpointe Suite is prohibited and may be subject to denial of access to MDOC information systems and legal action. The use of publicly accessible computers (libraries, airports, cafes, hotels, etc.) or the use of public wireless networks to access the Northpointe Suite is prohibited and unauthorized. AUTHORIZED USERS Only employees employed or subcontracted by the Grantee will be granted access to this site and will be hereinafter referred to as Authorized Users. Authorized Users are required to attest to and acknowledge that they are aware of and bound by the terms and conditions of this Acceptable Use Policy. CONFIDENTIAL Data retrieved from the Northpointe Suite data records shall not be published, shared, copied, or stored in any format without written consent from the MDOC Office of Legal Affairs. Data reports made available through the Northpointe Suite may be shared with Community Corrections Advisory Boards and other fiscal or County-level staff for the purpose of education and or administrative activities without written consent from the MDOC. County specific data retrieved from the Northpointe Suite for the sole purpose of researching or evaluating a county administered Community Corrections program, and the subsequent publication, sharing, copying, or storing may be approved by the Offender Success Administrator. This Northpointe Suite User Agreement also serves as a Data Confidentiality Agreement. Any breach or suspected breach of data confidentiality shall be immediately reported to the MDOC Office of Community Corrections. As an Authorized User you agree that all data provided under the provisions of this Data Confidentiality Agreement may only be used for the purposes described hereinabove and that any other or additional use of the data may result in immediate termination of this Data Confidentiality Agreement by the MDOC. RESPONSIBILITY As an Authorized User, you are responsible for all activity that occurs on your Log-on Credential or once your password has been used to log on. By accepting this policy, you acknowledge that the ultimate responsibility for ensuring the protection of your username, password, and all contents lies with you. Use of this application for any activity that violates Local, State, Federal, or International law, order, or regulation, is a violation of this agreement. The MDOC reserves the right to restrict the type and scope of data to which the Authorized User has access. SITE LIAISON Each agency/community provider/law enforcement agency/worksite will establish and maintain a Site Liaison. The Site Liaison's duties include (but are not limited to): being the single point of contact between the site and the MDOC as it pertains to the Northpointe Suite, ensuring all required documents are completed and submitted for approval, ensuring all users meet the minimum requirements (i.e. Community Corrections staff) maintaining a master list of all users for that site, and reporting (within two business days) any Authorized User who no longer requires access to the Northpointe Suite. The Site Liaison will also conduct quarterly audits to minimize the possibility of improper access, use, and dissemination of information. AUDITS MDOC shall have the authority to audit all Authorized Users. AUTHORIZED USER AGREES TO They will be responsible for providing all desktop hardware and software required to access the Northpointe Suite. They will be responsible for all fees associated with obtaining Internet access. They will not use the Northpointe Suite for personal or non-governmental reasons. The individual's username will be used only for authorized purposes and solely by the Authorized User. The individual's user password(s) will not be disclosed to any other person. The individual's user password(s) will be changed immediately if the Authorized User suspects that their password has been improperly disclosed or compromised. CANCELLATION Rev 3/19 The MDOC or the Site Liaison may cancel this agreement upon written notice to the other party. All access to the Northpointe Suite will cease at that time. MICHIGAN DEPARTMENT OF CORRECTIONS SECURITY AGREEMENT FOR COMMUNITY PARTNERS – DATA PROCESSING Print the Proposed User’s Name (Last, First, Middle) As a user of a Michigan Department of Corrections computer system or data processing service, I accept and agree to the following: 1. To comply with the State of Michigan Computer Crime Law (MCLA 752.791-752.797) 2. To use the Michigan Department of Corrections web-based computer systems (as defined in MCLA 752.791-752.797) to perform my job functions and exclude all other uses. 3. To not copy or infringe upon the rights granted to the owner of a product with a Copyright or Patent. 4. To safeguard and refrain from divulging or releasing, for financial or personal gain for the user or a member of the user’s immediate family, any confidential information that is not by law, rule, regulation, or court order available to members of the general public. 5. To keep confidential the Michigan Department of Corrections web-based computer systems access codes and usercodes/passwords assigned to me. 6. To only access the Michigan Department of Corrections web-based computer systems for which they have been approved and only to perform their assigned job responsibilities. 7. To be responsible for the integrity of the information I update or enter and shall not intentionally enter false information or abuse the information obtained from the Michigan Department of Corrections web-based computer systems. 8. To not knowingly attempt, cause, or in any way facilitate unauthorized use of a web-based system. 9. To report to the appropriate supervisor any suspected or confirmed threat or violation of the Michigan Department of Corrections web-based computer systems security. I have read the above security agreement, I understand it, and I agree to comply with its contents. Further, I understand that any violation of its contents may result in termination of user access to the Michigan Department of Corrections web-based computer systems. I acknowledge receipt of Public Act 1979-No. 53 (MCLA 752.791-752.797). User Signature/Date Witness (Printed and Signature)/Date State of Michigan Technical Standard Page 1 of 6 1340.00.130.02 Acceptable Use of Information Technology State of Michigan Technical Standard 1340.00.130.02 ACCEPTABLE USE OF INFORMATION TECHNOLOGY Issued: 04/03/2013 Revised: 03/31/2017 Reviewed: Next Review Date (1 yr): 03/31/2018 Authoritative Policy: 1340.00 Information Technology Information Security Policy (http://www.michigan.gov/documents/dmb/1340_193162_7.pdf) Associated Procedures: n/a Distribution: Statewide PURPOSE This statewide standard identifies acceptable use of information technology resources (IT Resources) to conduct state of Michigan (SOM) business and provides notice of expected User behavior. Unacceptable IT Resource use exposes the SOM to unwarranted risks, such as data breach, disruption of SOM network or application services, and other legal and liability issues. Unacceptable use may also consume IT Resource capacity and hinder SOM employees’ ability to conduct business. CONTACT/OWNER Department of Technology, Management and Budget (DTMB) Cybersecurity and Infrastructure Protection (CIP) Michigan Cyber Security (MCS) SCOPE This standard applies to all users granted access rights to SOM IT Resources (Users). STANDARD ACCEPTABLE USE OF IT RESOURCES IT Resources, including devices, networks, data, software, email, and system accounts, are provided to conduct official SOM business. Authorized Users must act within the scope of their employment, contractual, or other relationship with the SOM and must agree to use IT Resources efficiently, responsibly, professionally, ethically, and lawfully, using approved applications, tools, and mechanisms. Users, regardless of their relationship with the SOM, as a condition of receiving access to SOM IT Resources, agree to abide by this standard, all applicable SOM policies and procedures, and all federal, state, and local laws. Users must review these guidelines regularly. Failure to do so does not justify non-compliance. State of Michigan Technical Standard Page 2 of 6 1340.00.130.02 Acceptable Use of Information Technology UNACCEPTABLE USE OF IT RESOURCES 1. ILLEGAL USE IT Resources may only be used for lawful purposes. Prohibited activity includes use that is illegal under local, state, or federal law; violates SOM or other applicable regulations, policies, or standards; compromises public safety or the privacy of legally protected personal information; is malicious; or is fraudulent. Users must abide by all intellectual property laws. Downloading, duplicating, or distributing copyrighted materials without specific written permission of the copyright owner is not allowed. Users shall respect all licensing agreements. 2. ABUSE IT Resource use interfering with work obligations or SOM business is prohibited. IT Resources shall not be used for purposes unrelated to the SOM’s mission and objectives, unless specifically authorized by this standard and agency work rules or directives. Examples of inappropriate use include: • For commercial or personal product advertisements, solicitations, promotions, or for-profit purposes; political fundraising or lobbying; promoting a social, religious, or political cause; or gambling, gaming, or online shopping. • To access, send, receive, or store any obscene, pornographic, offensive, or excessively violent content. • To send messages containing unwelcome advances, profanity, or discriminatory or harassing remarks. • To send hate mail or chain mail. • To download entertainment software, music, movies, television shows, video-sharing content, or other similar files. Users shall not download or install any software (including shareware and freeware) unless authorized by DTMB. No SOM-owned or -licensed software may be installed, copied, or used on non-SOM equipment unless expressly approved by DTMB. Users shall not divulge or release any confidential information to the public that is not available to members of the general public. This does not prohibit disclosing a violation or suspected violation as authorized in Civil Service Commission Rule 2-10, unless otherwise prohibited. Incidental personal use of IT Resources during lunch or break times may be authorized in agency work rules or directives, but shall not interfere or conflict with a User’s work obligations or SOM business and must comply with all applicable SOM policies. 3. SOCIAL NETWORKING Users shall not establish a state of Michigan Social Media site unless they follow 1340.00.130.03 Social Media Standard and 1340.00.130.03.01 Social Media Procedure. Users shall not misrepresent their relationship with the SOM, imply SOM endorsement of products or services of a non-SOM entity, or give the impression that they are representing, giving opinions, or speaking on State of Michigan Technical Standard Page 3 of 6 1340.00.130.02 Acceptable Use of Information Technology behalf of the SOM, unless part of their legitimate job duties. When indicating place of employment as “State of Michigan” on personal social media websites, Users shall not represent their personal opinion as that of an agency or the SOM, including linking to official SOM websites within personal social media accounts or using state logos or graphics. Users are responsible for any online activity conducted with SOM email addresses. Users must recognize that their SOM email address associates them with the SOM. Some Internet sites may impose Terms of Service agreements that are unacceptable to the SOM, such as indemnification clauses or agreements to be sued in other states. When accessing these sites without specific SOM authorization, the User accepts such terms solely in a personal capacity and is personally and solely responsible for any legal claims arising from an agreement "signed" by clicking to agree on the terms of service. 4. SECURITY Users must follow all applicable security policies and standards and are responsible for the reasonable (1) physical security and protection of their IT Resources and devices and (2) protection and use of granted access. Users shall not reveal to or allow use of their accounts or passwords by others, including family members. Users shall not leave workstations, devices, or IT Resources unattended without engaging password protections. Users must maintain the security of SOM data. Providing unauthorized persons any information that is sensitive or protected by law; unauthorized posting of SOM information to external newsgroups, bulletin boards, or other public forums; sharing personal information about another person unless part of legitimate job duties; and storing SOM information in public storage services without DTMB approval are prohibited. Users also shall not: • Interfere with the normal operation of any IT Resource. • Act to disrupt systems or cause unnecessary network congestion or application delays. • Try to compromise or cause intentional damage or loss to SOM systems or data. • Modify or circumvent security safeguards or access controls. • Use tools or utilities to reroute traffic on, scan, probe, or attack a network. • Intercept or try to intercept any data transmissions without authorization. • Use unauthorized peer-to-peer (P2P) networking, file sharing, instant messaging or Internet Relay Chat (IRC) applications or services. • Forward SOM email messages to personal email accounts that would create unacceptable privacy, security, or compliance risks. State of Michigan Technical Standard Page 4 of 6 1340.00.130.02 Acceptable Use of Information Technology • Use non-DTMB approved email servers or services to conduct SOM business. • Use any unauthorized remote control software, tools, or services on any internal or external devices or systems not set up by DTMB. • Store SOM data in public storage services, unless approved by DTMB. • Post SOM information to external newsgroups, bulletin boards, or other public forums, unless authorized. • Send unsolicited email messages, including junk mail or other advertising material, to individuals who did not specifically request such material. • Install or attach any unauthorized equipment to an IT Resource without approval of DTMB and the resource owner, (e.g., wireless access points, modems, disk drives, external hard drives, networking devices, personal mobile devices or computers, etc.). Unauthorized equipment will be confiscated. • Intentionally modify, damage, or remove IT Resources owned by the SOM without authorization from DTMB and the IT Resource owner. • Intentionally modify, disable, test, or circumvent any IT Resource security controls without authorization. • Intentionally causing a security incident resulting in a loss of data confidentiality or integrity or a disruption or denial of availability. • Circumvent user authentication or compromise the security of a host, network, or account. • Seek or enable unauthorized access to any computer system, application or service. • Intentionally seek information on, obtain copies of, or modify files, data, or passwords of other Users. • Impersonate or fraudulently represent other Users on the network. • Try to access any computer account or part of the SOM’s network to which they are not authorized. • Participate in activities that promote computer crime or misuse, including posting on internal or external sites; disclosing passwords, credit card, or account numbers; and revealing system vulnerabilities. • Try to circumvent this standard by using anonymous proxies, software or hardware; use software or websites to hide Internet activity; or use devices or utilities to remove or camouflage information of evidentiary value. NO PRESUMPTION OF PRIVACY Data is a valuable SOM asset that must be protected. Any data Users create, store, process, or send using SOM IT Resources remains the property of the SOM. The SOM cannot guarantee the confidentiality or privacy of Users, unless State of Michigan Technical Standard Page 5 of 6 1340.00.130.02 Acceptable Use of Information Technology applicable law provides differently. Users have no expectation of privacy in their use of SOM-provided email, instant messaging, computing equipment, Intranet or Internet access, or other SOM information systems. The SOM actively monitors IT Resources to ensure compliance with policy. This includes real-time monitoring of network traffic; the transfer of data created, sent, received or stored on IT Resources; and other monitoring and auditing the SOM may deem necessary. The SOM also blocks unauthorized internal and external traffic and services that may cause risk to IT Resources. Any evidence of illegal activity or unacceptable use discovered during monitoring or reviews may be provided to SOM management or law enforcement organizations. Electronic records may also be available for public distribution under the Freedom of Information Act (FOIA). The SOM may require Users to surrender to SOM authorities any IT Resources (state-owned or personal) that have been used to conduct SOM business or on the SOM’s network, in response to discovery orders from a court of law; information holds from the Agency or Attorney General; acceptable use or cybersecurity-incident investigations by the SOM; or FOIA Requests. INADVERTENT OR ERRONEOUS USE Users inadvertently directed to a website that violates laws, regulations, polices or this standard may claim erroneous use by immediately reporting to managers when unintentional misuse occurs. Self-reporting is encouraged and may be done without consequence in demonstrated cases of inadvertent use. RESPONSIBILITIES • Agencies shall communicate this standard to all Users, ensure that users read and understand this standard, and develop processes to certify and document User acceptance. • Users shall read this standard, understand its expectations, and follow its provisions. Each User shall acknowledge receipt of this standard and any agency-specific addenda. Each User shall report all violations to their manager or Agency contact, who must report all violations to Michigan Cyber Security (MCS). • Agents, contract staff, vendors, and volunteers who use IT Resources shall follow and acknowledge awareness of this standard. • Managers or Directors shall require all Users under their management to read and acknowledge this standard and abide by its provisions. • Agency Human Resources shall support managers as needed in assuring awareness and enforcement of this standard. • DTMB Information Technology Staff shall report suspected violations of this standard found in system support activity to MCS and assist MCS with audits and enforcement actions. • Michigan Cyber Security (MCS) shall receive and document reports of suspected abuse from any source and respond as necessary. MCS shall supervise periodic system and network audits for abuse and State of Michigan Technical Standard Page 6 of 6 1340.00.130.02 Acceptable Use of Information Technology compliance with this standard. MCS shall report abuse to Agency Human Resources, internal auditors, and appropriate law enforcement officials when appropriate. MCS shall also assist in preserving digital forensic evidence. • DTMB Procurement, Contract Administrators, and Project Managers shall ensure contracts obligate contractors to comply with all applicable IT policies, standards, and procedures and that appropriate compliance activities occur. EFFECT The standard sets minimum expectations for all SOM IT Resources. Agency work rules supporting this standard may provide departmental guidance on how violations are handled. SOM agencies may implement policies on IT Resources consistent with this standard and may implement more restrictive standards on IT Resources with prior coordination with MCS. All employees must realize that misuse or abuse of IT Resources may lead to agency investigation and criminal, civil, or legal actions and discipline, up to and including discharge. IT Resources may be removed from a work area for analysis. APPROVING AUTHORITY David B. Behen, Director Revised: 3/31/2017 User Agreement Signature Date Quarterly Report FY 2022 Michigan Department of Corrections Offender Success Administration Office of Community Corrections Quarterly Report FY 2022 CCAB Name:Allegan Report Period*:Quarter 1: October 1 - December 31 *This report is due no later than 30 calendar days following the quaterly report period. Email the report to your assigned Community Corrections Specialist by the due date: Molly Maynard - MaynardM@michigan.gov Dawn Karfonta - karfontad@michigan.gov Quarterly Report FY 2022 Michigan Department of Corrections *This report is due no later than 30 calendar days following the quaterly report period. Program Utilization & Key Performance Measurements (KPMs) Program Utilization & Key Performance Measurements (KPMs) Local Program Name CCIS Code Z02 - 5 Day Housing F23 - Pretrial Supervsn C01 - Cognitive G18 - Outpatient Svcs Projected # New Enrollments # Carryovers from Previous Fiscal Year YTD # New Enrollments Actual Percentage % New Enrollments #DIV/0!#DIV/0!#DIV/0!#DIV/0! YTD # Neutral Discharges YTD # Unsuccessful Discharges YTD # Successful Discharges Approved KPM from Program Description Data Element Tracking Source Actual YTD KPM Approved KPM from Program Description Data Element Tracking Source Actual YTD KPM Approved KPM from Program Description Data Element Tracking Source Actual YTD KPM Approved KPM from Program Description Data Element Tracking Source Actual YTD KPM #DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0! Program Utilization & Key Performance Measurements (KPMs) Program Utilization & Key Performance Measurements (KPMs) #DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0! Program Utilization & Key Performance Measurements (KPMs) Program Utilization & Key Performance Measurements (KPMs) #DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0! Program Utilization & Key Performance Measurements (KPMs) Program Utilization & Key Performance Measurements (KPMs) #DIV/0! Program Utilization & Key Performance Measurements (KPMs) Program Utilization & Key Performance Measurements (KPMs) Narrative Section You must provide an answer to each of the following questions. If the question does not apply to this report period, then enter "N/A." 1) Identify reason(s) for disparity between projected new enrollments and actual new enrollments, year-to-date, through the report period, for each P.A. 511 funded program. 2) For those programs indicated above as underutilized, provide an action plan outlining how the CCAB intends to increase utilization to the projected level. 3) 4th QUARTER ONLY: Provide information regarding policies, procedures, program operations, pertinent issues or opportunities that emerged, or other factors that have positively/negatively affected achievement of your CCAB's Comprehensive Plan. Briefly describe the impact, and if negative, how was it addressed. You must also describe what steps the CCAB will take to address it in next year's Plan. Narrative Section You must provide an answer to each of the following questions. If the question does not apply to this report period, then enter "N/A." 1) Identify reason(s) for disparity between projected new enrollments and actual new enrollments, year-to-date, through the report period, for each P.A. 511 funded program. 2) For those programs indicated above as underutilized, provide an action plan outlining how the CCAB intends to increase utilization to the projected level. 3) 4th QUARTER ONLY: Provide information regarding policies, procedures, program operations, pertinent issues or opportunities that emerged, or other factors that have positively/negatively affected achievement of your CCAB's Comprehensive Plan. Briefly describe the impact, and if negative, how was it addressed. You must also describe what steps the CCAB will take to address it in next year's Plan. CONTRACTOR REGULATIONS OF CONDUCT FOR SERVICES PURSUANT TO A COMPREHENSIVE PLANS AND SERVICES GRANT ADMINISTERED UNDER 1988 PA 511(10-01-20) The following rules and regulations apply to all individuals who: (a) work with MDOC supervision within the Field Operations Administration (“FOA”) and Offender Success Administration (OSA) under a Comprehensive Plans and Services grant (collectively, “Contractors”) to (b) provide services to Offenders in an unsecured environment. Contractor is not an employee of MDOC. The Contractor that employs the Subcontractor has entered a services contract with MDOC, which requires the Contractor to work in a community corrections environment with Offenders. Due to the sensitive nature of the involved work, Contractor and MDOC have agreed that all Contractor and Subcontractors shall abide by the following rules and regulations to ensure the safety of the Contractor, Subcontractors, Offenders, and MDOC employees. DEFINITIONS Contraband: Includes but is not limited to alcohol, guns, knives, drones, Tasers®, mace, illegal substances (including marijuana possessed pursuant to the Michigan Medical Marihuana Act, MCL 333.26421, et seq), pepper spray, sexually suggestive images and pornography. Discriminatory Harassment: Unwelcome advances, requests for favors, and other verbal or non-verbal communication or conduct, for example comments, innuendo, threats, jokes, pictures, gestures, etc., based on race, color, national origin, disability, sex, sexual orientation, age, height, weight, marital status, religion, genetic information, or partisan considerations. Contractor: A person providing services in a community corrections environment who work under a Comprehensive Plans and Services Grant. Contractors and Subcontractors are not MDOC employees but must follow the rules outlined in this document when providing services under this agreement. Offender: Eligible participant under Comprehensive Plans and Services. Overfamiliarity: Establishing a friendship, mutual attraction, or intimate relationship with an offender. Examples include, but are not limited to: Conduct that has resulted in or is likely to result in intimacy. Conduct in which a close personal or non-work-related association is likely to develop; Being at the residence of an Offender in a non-business-related capacity; Being at the residence of an Offender’s family in a non-business-related capacity; Giving or receiving non-work-related letters, messages, money, personal mementos, pictures, telephone numbers, to, or receiving from, an Offender or Offender’s family member; Exchanging hugs with an Offender; and Dating or having sexual relations with an Offender. Harassment of Offenders: Harassment (including but not limited to unwelcome sexual advances) may include requests for sexual favors, and other verbal or physical conduct of a sexual nature. Comments or conduct of a sexual nature or based on a protected characteristic may create a harassing, hostile, or offensive environment and are thus prohibited. Harassment also includes, but is not limited to: (a) verbal statements or comments of a sexual nature to an Offender, including demeaning references to gender or derogatory comments about body or clothing, or (b) profane or obscene language or gestures of a sexual, or otherwise offensive nature. Sexual Conduct with Offenders: Intentionally touching, either directly or through clothing, of an Offender’s genitals, anus, groin, breast, inner thigh, or buttock with the intent to abuse, arouse or gratify the sexual desire of any person. Sexual conduct with Offenders is also defined as: Permitting an Offender to touch you either directly or through clothing with the intent to abuse, arouse or gratify the sexual desire of any person. Invading the privacy of others for sexual gratification, indecent exposure, or voyeurism. Attempting, threatening, or requesting sexual acts or helping, advising, or encouraging another person to engage in a sexual act with an Offender. RULES & REQUIREMENTS When a Contractor provides services to Offenders, the following standards apply to the Contractor: 1.Contraband. No contraband is allowed when providing services to Offenders. 2.Harassment. All forms of harassment, including sexual harassment, are prohibited. 3.Overfamiliarity. Overfamiliarity with Offenders is prohibited. 4.Sexual Conduct. All sexual conduct with Offenders is prohibited. 5.Discrimination. Contractors shall not discriminate against an Offender receiving those services on the basis of race, religion, sex, sexual orientation, race, color, national origin, age, weight, height, disability, marital status, genetic information or partisan considerations. 6.Political and Religious Activities. Contractors shall not campaign, solicit, or promote a political group or religion to Offenders or probationers. 7.Conflict of Interest. Contractors providing services to an Offender or probationer are not allowed to provide services to that Offender’s family members or friends. If a Contractor learns they may be providing services in violation of this provision, the Contractor must immediately notify the Contract Monitor. A Contractor may request to continue providing services to the Offender and family member or friend by submitting a written request to the FOA supervisor, which should include: (1) the name of the Offender, (2) Offender number, and (3) an outline of the conflict that includes information relating to the nature of the relationship. The Director or designee will consider the request. 8.Public Information. Contractors and subcontractors are not authorized to make public statements on behalf of the MDOC. 9.Role Model/Conduct Unbecoming. Contractors and subcontractors serve as role models to Offenders. Contractors should always comport themselves in a professional manner. Contractors and subcontractors shall not behave in any manner that may harm or adversely affect the contractor's or MDOC’s reputation or mission of the MDOC. 10.Jail Time or Other Restricted Supervision. No Contractor providing services to an Offender shall be under any type of judicial confinement or sentence. 11.Humane Treatment of Individuals. Contractors providing services are expected to treat all individuals in a humane manner. Examples of actions in violation of this principal include, but are not limited to, displaying a weapon; using any speech, action, gesture or movement that causes physical or mental intimidation or humiliation; and using abusive or profane language that degrades or belittles another person or group. 12.Use of Personal Position for Personal Gain. Contractors may not engage in actions that could be construed as using their position for personal gain. (Examples of such actions include, but are not limited to, exchanging with, giving to, or accepting gifts or services from an Offender or Offender’s family, such as, food and beverage items, baby-sitting, housecleaning, shoe shines, clothing, paper products, stamps, delivering letters/correspondence even if the goods or services appear nominal or are conducted at arm’s length.) 13.Overfamiliarity Conduct that has resulted in, or is likely to result in, a personal non-work-related association or intimacy. Establishing a friendship, mutual attraction, or intimate relationship with an offender, is strictly prohibited. Examples include, but are not limited to: • Conduct which has resulted in or is likely to result in intimacy, a close personal or non-work- related association • Being at the residence of an offender outside of routine work duties • Being at the residence of an offender’s family outside of routine work duties • Giving or receiving non-work-related letters, messages, money, personal mementos, pictures, telephone numbers, to or from an offender or a family member of a listed visitor of an offender • Exchanging hugs with an offender • Dating or having sexual relations with an offender 14.Confidential Records/Information. Any information about Offenders or MDOC staff obtained by a Contractor through the course of their employment is confidential and shall not be released. 15.Insubordination. Any willful acts that may compromise MDOC’s ability to carry out its responsibilities may violate the contract between the Contractor and MDOC. Contractor should avoid any such action. 16.Emergency. Contractors providing services must comply with reasonable standards in emergency situations, such as immediately calling for assistance, completing necessary documentation, submitting to interviews as appropriate. 17.MDOC Rules, Regulations, Policies, Procedures. Contractors providing services will not interfere with, or undermine, MDOC’s efforts to enforce rules, regulations, policies and procedures. 18.Criminal Acts. Contractors shall not engage in conduct that may result in a felony or misdemeanor conviction. If a contractor incurs a felony or misdemeanor arrest or conviction, the Contractor must provide a verbal report to their immediate supervisor within 24 hours of a felony or misdemeanor citation or arrest, the issuance of any warrant, any arraignment, pre-trial conference, plea of any kind, trial, conviction, sentencing, diversion, or dismissal of criminal charges. The supervisor shall immediately report the matter to the Contract Monitor. 19.Use of Alcohol or Controlled Substance. Contractors will not consume alcohol, any illegal controlled substance (including marijuana), or any prescribed controlled substance in an unlawful manner while on duty or on breaks. 20.Use of Force. Contractors shall not use force in the normal performance of their duties. Contractors providing services may act to reasonably defend themselves against violence. 21.Security Precautions. Any action or inaction by Contractors providing services that jeopardizes the safety or security of Offenders, other Contractors, or MDOC employees is prohibited. (Examples of such action or inaction include, but are not limited to: propping open security doors or doors that should remain locked and closed; allowing an unknown or unidentified individual into a secure area; or the unauthorized distribution of any MDOC policy or procedure or directive.) 22.Reporting Violations. Contractors will report any attempt by Offenders to: (a) introduce, transport, or deliver contraband; or (b) engage in conduct that violates the safety and security of other Offenders, Contractors, or MDOC employees. If a Contractor suspects an instance of the above, the Contractor shall report each time they are approached to: (a) the Contractor’s immediate supervisor and (b) the MDOC supervising agent and/or supervisor. Employees must report to their immediate supervisor and the FOA agent or supervisor any conduct including attempts, by other Contractors, MDOC staff, or Offenders, involving drugs, escape, sexual misconduct, sexual harassment, workplace safety, use of force, and conduct that violates the safety and security of the office or MDOC. In addition to verbal reporting, the reporting Contractor shall provide a written account of the event no later than the end of the Contractor’s workday. 23.Falsifying, Altering, Destroying, Removing Documents or Filing False Report. Contractors shall not falsify, alter, or destroy, or remove documents that are the property of the MDOC, whether solely or jointly with the Grantee. The above rules of conduct and requirements do not create any contract of employment between the Contractor and MDOC. The Contractor is the sole employee of the Vendor. By signing this Acknowledgement, the Contractor acknowledges that the Contractor is not an employee of MDOC. Contractor also understands that the failure to abide by the rules and regulations outlined above may result in a violation of the contractual relationship between the Contractor and MDOC. ACKNOWLEDGMENT I acknowledge that I have received a copy of, have read, understand, and agree to abide by the above expectations. If I have any questions, I will ask my supervisor. _____________________________ Print Contractor’s Name ____________________________ Contractor’s Signature __________ Date