HomeMy WebLinkAboutReports - 2023.03.23 - 38088
AGENDA ITEM: Acceptance from the State Court Administrative Office for the FY 2023 Virtual
Backlog Response Docket Program
DEPARTMENT: Circuit Court
MEETING: Board of Commissioners
DATE: Thursday, March 23, 2023 9:30 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-2723
Motion to accept the FY 2023 Virtual Backlog Response Docket Grant in the amount of $700,650
from the State Court Administrative Office and create two (2) Special Revenue (SR) FTE Court
Clerk positions and one (1) Special Revenue (SR) FTE Judicial Staff Attorney position in the Circuit
Court Civil/Criminal Division (#3010301) and authorize the Chair of the Board of Commissioners to
execute the grant award; further amend the FY 2023 budget as detailed in the attached Schedule A.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
The Circuit Court was awarded a new grant from the State Court Administrative Office (SCAO),
Virtual Backlog Response Docket Grant Program, in the amount of $700,650 for the grant period of
April 1, 2023 through March 31, 2024. The court intends to use these funds to eliminate a backlog of
pending criminal cases due to COVID-19 and the inability to hold criminal jury trials for almost two
years. The grant provides funding for defense attorney fees, mediator payments, visiting judges,
zoom pods for attorneys and mediators, and some Information Technology expenditures.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Chris Bujak, Chief Court Business Operations
ITEM REVIEW TRACKING
Penny Luebs, Board of Commissioners Created -
AGENDA DEADLINE: 03/23/2023 9:30 AM
ATTACHMENTS
1. CC FY 2023 Virtual Backlog Response Docket Grant Schedule A
2. Grant Agreement
3. Grant Review Sign-Off
4. Award Letter 3.8.23
5. FY23 SCAO Virtual Backlog Response Docket Grant Award Write Up
COMMITTEE TRACKING
2023-03-14 Public Health & Safety - Recommend and Forward to Finance
2023-03-15 Finance - Recommend to Board
2023-03-23 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Janet Jackson
Yes: David Woodward, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine
Long, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson (14)
No: None (0)
Abstain: None (0)
Absent: William Miller III, Michael Spisz, Gary McGillivray, Ajay Raman (4)
Passed
Oakland County, Michigan
CIRCUIT COURT - FY 2023 VIRTUAL BACKLOG RESPONSE DOCKET GRANT - ACCEPTANCE
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)Grant ID (GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2023
Amendment
FY 2024
Amendment
FY 2025
Amendment
R Judicial Grants
Circuit Court Gen
Jurisdiction FND11012 CCN3010301 RC615571 PRG121100 GRN-1004106 615000 State Operating Grants $700,650.00 $-$-
Total Revenues $700,650.00 $-$-
E Judicial Grants
Circuit Court Gen
Jurisdiction FND11012 CCN3010301 SC702010 PRG121100 GRN-1004106 702000 Salaries Regular $174,781.00 $-$-
E Judicial Grants
Circuit Court Gen
Jurisdiction FND11012 CCN3010301 SC722740 PRG121100 GRN-1004106 722000 Fringe Benefits $102,734.00 $-$-
E Judicial Grants
Circuit Court Gen
Jurisdiction FND11012 CCN3010301 SC731458 PRG121100 GRN-1004106 730000 Professional Services $252,000.00 $-$-
E Judicial Grants
Circuit Court Gen
Jurisdiction FND11012 CCN3010301 SC750154 PRG121100 GRN-1004106 750000 Expendable Equipment $124,135.00 $-$-
E Judicial Grants
Circuit Court Gen
Jurisdiction FND11012 CCN3010301 SC750399 PRG121100 GRN-1004106 750000 Office Supplies $18,000.00 $-$-
E Judicial Grants
Circuit Court Gen
Jurisdiction FND11012 CCN3010301 SC774636 PRG121100 GRN-1004106 770000 Info Tech Operations $29,000.00 $-$-
Total Expenditures $700,650.00 $-$-
STATE COURT ADMINISTRATIVE OFFICE
VIRTUAL BACKLOG RESPONSE DOCKET GRANT
Subcontract Agreement
Between
SCAO
Federal I.D. Number: 38-6000134
and
GRANTEE
Federal I.D. Number:
Contract Number:
Grant Amount:
SCAO Unique Identifier: VDSYNPTW91M7
Project Title: Virtual Backlog Response Docket
Unique Entity Identifier (UEI):
Federal Agency Name: U.S. Treasury
Federal Award Identification Number: SLFRP0127
CFDA #: 21.027
1.DEFINITIONS GOVERNING AGREEMENT
The definitions below govern the terms used in this Agreement.
1.01 The term “Agreement” as used in this document means the Agreement between
the State Court Administrative Office (the “SCAO”) and Grantee, and includes any subsequent
amendments thereto.
1.02 The term “VBRD” refers to the Virtual Backlog Response Docket Grant which is
the subject of this Agreement.
1.03 The term “Authorizing Official” means the individual, named by the application
organization, who is authorized to act for the Grantee and to assume the Grantee’s obligation
imposed by laws, regulations, requirements, and conditions that apply to grant awards.
1.04 The term “Confidential Information” means confidential and/or Proprietary
Information belonging to the SCAO which is disclosed to the Grantee or which the Grantee
otherwise learns of during the course of or as the direct or indirect result of rendering its Services
for the SCAO. Confidential or Proprietary Information is information not generally known to
third parties or to others who could obtain economic value from their disclosure or use of the
information. This includes all proprietary technical, financial, or other information owned by
SCAO or any of its vendors, including by way of illustration, but not limitation, computerized
data, codes, programs and software, written material, inventions, whether or not patented or
patentable, designs, works of authorship, works subject to or under copyright protection, trade
secrets or trademark, protected material, performance standards concepts, formulae, charts,
statistics, financial records and reports of the SCAO or any entity otherwise affiliated with the
SCAO. Confidential or Proprietary Information also includes all confidential and proprietary
material that the Grantee may design, author, create, distribute or produce during the term of this
Agreement when rendering Services thereunder. “Confidential Information” also includes all
individualized, nonaggregated data relating to individuals, including, but not limited to,
personally identifiable information (“PII”) and information protected by the Health Insurance
Portability and Accountability Act. All information gained during the course of Grantee’s
retention should be presumed confidential unless the information is clearly identified otherwise
or the circumstances of disclosure demonstrate it not to be confidential.
1.05 The term “Effective Date” means the date upon which this Agreement becomes
effective, which is the date the Agreement is signed by both Parties. If the Parties do not sign the
Agreement on the same date, the latest specified date will become the Agreement’s effective
date.
1.06 The term “Employee Benefits” means any and all employee benefits the SCAO
provides to its employees, including, but not limited to, workers’ compensation, retirement,
pension, insurance, fringe, educational training, holiday/sick/vacation pay benefits, or any other
similar benefits.
1.07 The term “Grant Amount” is the amount specified as “Grant Amount” on the first
page of this Agreement.
1.08 The term “Grantee” as used in this Agreement includes the Grantee(s)/party(ies)
with which the SCAO is contracting and the employees with which the SCAO is contracting.
The Grantee is a subrecipient of the VBRD.
1.09 The term “Inventions, Patented and/or Copyrighted Materials” means such
writings, inventions, improvements, or discoveries whether or not under an existing copyright,
patent or copyright/patent application or any other third party intellectual property right that were
written, invented, made, or discovered by the Grantee, including its employees and/or agents
jointly with the SCAO while engaged in Services under this Agreement.
1.10 The term “Liabilities” means any and all liabilities, obligations, damages,
penalties, claims, costs, fees, charges, and expenses, including, but not limited to, fees and
expenses of attorneys and litigation related to the Services provided.
1.11 The term “Parties” includes the SCAO, Grantee, and all of their employees.
1.12 The term “Program Expenses” means all expenses including, but not limited to,
license fees and all other types of fees, memberships and dues, automobile and fuel expenses,
insurance premiums, copying costs, telephone costs and all other types of costs, and all salary
and expenses incurred by the Grantee, and all other compensation paid to the Grantee’s
employees or subcontractors that the Grantee hires, retains or utilizes for the Grantee’s
performance under this Agreement. This term also includes Travel Expenses as defined below.
1.13 The term “Services” refers to the goods, services, program activities, projects and
initiatives that the Grantee agrees to provide to the SCAO under this Agreement, as described in
the Scope of Services, Scope of Work, and all descriptions of services in any attachments and
amendments to the Agreement.
1.14 The term “Taxes” refers to any and all federal, state, and local taxes, including, but
not limited to, income taxes, social security taxes, unemployment insurance taxes, and any other
taxes or fees for which Grantee is responsible.
1.15 The term “Travel Expenses” means expenses Grantee incurs for travel including
lodging, mileage, and meals that the Grantee incurs in the reasonable fulfillment of the terms of
this Agreement. Reimbursable Travel Expenses must be approved by SCAO before they are
incurred. Travel expenses may not exceed the state rate or your local rate, whichever is the
lesser expense.
1.16 The term “Work Product” refers to reports, programs, manuals, tapes and videos
prepared under this Agreement and amendments thereto. It also includes computer data such as
programs and software in various stages of development and source codes and object codes, and
any other work product prepared by the Grantee under this Agreement and amendments thereto.
1.17 The term “Subaward” is defined in 2 CFR § 200.92 as an award provided by a
pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award
received by the pass-through entity. It does not include payments to a contractor or payments to
an individual that is a beneficiary of a Federal program.
2. PERIOD OF AGREEMENT
2.01 This Agreement shall commence upon the Effective Date, and terminate on
March 31, 2024, unless an exception is explicitly granted by the SCAO.
3. AGREEMENT AMOUNT AND BUDGET
3.01 This Agreement incorporates the Grantee’s approved grant application request
and most recently approved budget. Budget deviations that exceed the Grant Amount are not
permitted. The SCAO agrees to provide funding in an amount not to exceed the Grant Amount,
conditioned entirely upon the SCAO’s actual receipt of the award. To the extent that Grant
Amount is reduced or eliminated, the SCAO has no obligation to the Grantee to fulfill the terms
of this Agreement, and the Grantee has no recourse therefrom. In no event does this Agreement
create for the Grantee’s benefit a lien against or entitlement to any other funds of the SCAO or
the Michigan Supreme Court.
4. RISK EVALUATION REQUIREMENT
4.01 The SCAO is responsible to evaluate risk of Grantee’s noncompliance with
federal statutes, regulations, and terms, 2 CFR 200.332. Additional reporting requirements to
mitigate noncompliance may be required by Grantee based on the court’s risk level, and the
SCAO will notify the Grantee if additional reporting requirements are needed.
5. RELATIONSHIP
5.01 No employer/employee relationship exists between the Parties. Further, no
employee or agent of the Grantee is an employee of the SCAO.
5.02 The SCAO is not obligated either under this Agreement or by implication to
provide and is not liable to the Grantee for failure to provide the Grantee with Employee
Benefits. The Grantee is not eligible for and will not receive any Employee Benefits from the
SCAO.
5.03 The Grantee is responsible for payment of all Taxes arising out of the Grantee’s
Services in accordance with this Agreement.
5.04 The Grantee does not, and shall not, have the authority to enter into contracts on
the SCAO’s behalf.
6. SYSTEM FOR AWARD MANAGEMENT
6.01 The Grantee (and all agents and contractors) must register or update in the System
for Award Management (SAM) annually to be eligible for federal and state grants administered
by the SCAO. The SAM website is https://sam.gov/content/home. The direct hyperlink for
SAM.gov registration is https://sam.gov/content/entity-registration.
7. CHANGE IN GRANTEE CONTACT
7.01 The Grantee must submit a contract amendment to the SCAO, notifying the
SCAO of any changes in project directors, program judges, agency contacts, financial officers, or
authorizing officials, including changes in names, mailing addresses, e-mail addresses, and
telephone numbers.
8. USE OF FUNDING
8.01 The funds being used for this project are the State and Local Fiscal Recovery
Funds (SLFRF), established under section 602 and 603 of the Social Security Act of section
9901 of Public Law No. 117-2, known as the American Rescue Plan of 2021 (“ARPA”). The
State of Michigan was awarded $6.54 billion dollars under the Fiscal Recovery Fund on May 13,
2021. The Grantee must review and abide by all requirements of the Federal Fiscal Relief Fund,
including the U.S. Treasury’s SLFRF Final Rule, the U.S. Department of the Treasury
Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions (Attachment 1), and 2
CFR 200. Payments from the SLFRF may only be used to cover expenditures that are
responding to the public health and negative economic impacts of the pandemic. Expenses for
the VBRD grant may only cover expenditures directly associated with reducing or eliminating a
trial courts criminal case backlog that resulted from the COVID-19 pandemic. Attachment 3
provides a complete list of allowable and disallowable expenses.
8.02 The purpose of the VBRD funding is to assist district, circuit, and municipal
courts to reduce or eliminate their criminal case backlog that resulted from the COVID-19
pandemic. SLFRF can fund eligible expenses and services accrued during the pandemic;
however, in order to be eligible to use SLFRF, the costs must have been incurred after March 3,
2021. Funds must be obligated by March 31, 2024 with final reports due to SCAO by June 30,
2024.
8.03 SLFRF funds cannot be used to pay expenses that will be or have been
reimbursed by another federal program.
8.04 The Grantee must develop and implement effective internal controls to ensure that
funding decisions under the SLFRF award constitute eligible uses of funds and the Grantee must
document these determinations, as required by 2 CFR 200.303. In addition to internal controls,
the Grantee must establish and maintain effective financial management as required by 2 CFR
200.302(b)(6) and (7), which includes written procedures.
9. SCOPE OF SERVICES
9.01 The Grantee shall use reasonable best efforts and devote such time, attention,
skill, knowledge, and professional ability as necessary to most effectively and efficiently carry
out and perform the Services. Commitment of the state resources for the acquisition of goods
and services, and execution of purchase orders, contracts, and similar agreements shall remain
the sole responsibility of the SCAO.
10. STATEMENT OF WORK
10.01 The Grantee agrees to undertake, perform, and complete the Services described in
their approved grant application. This includes significantly reducing or eliminating the backlog
of pending criminal cases that resulted from the COVID-19 pandemic. The Grantee should fully
achieve these objectives by the end of this Agreement’s term, and be compliant with the criminal
case processing time guidelines established in AO 2013-12. The Grantee may not assign the
performance of Services under this Agreement to any other entity or person who is not an
employee of the Grantee except with prior written approval of the SCAO. If performance is so
assigned, all requirements in this Agreement shall apply to such performance and the Grantee
shall be responsible for the performance of such Services.
11. RIGHTS TO WORK PRODUCT
11.01 All written or visual Work Product created solely by the SCAO is exclusively
owned by SCAO and is subject to copyright or patent only by the SCAO.
11.02 All written or visual Work Product created solely by the Grantee is exclusively
owned by the Grantee and is subject to copyright or patent only by the Grantee.
11.03 All written or visual work product produced under this Agreement with funds
provided by the grant from SCAO shall be owned by SCAO and SCAO shall have the right to
obtain from the Grantee original materials produced under this Agreement and shall have the
right to distribute those materials.
11.04 The SCAO grants the Grantee a royalty-free, nonexclusive license to use any
Work Product developed in the course of this Agreement that is not Confidential or Proprietary
as defined in Section 19 of this Agreement if the Work Product enters the public domain.
However, the Grantee shall not publish or distribute any Work Product relating to the Services
provided under this Agreement without the prior written permission of the SCAO.
11.05 The Grantee shall safeguard the Grantee’s property, materials and Work
Product. The SCAO is not responsible and will not be subject to any Liabilities for any claims
related to the loss, damage, or impairment of Grantee’s property, materials and/or Work Product.
12. WRITTEN DISCLOSURE
12.01 The Grantee shall promptly disclose in writing to the SCAO all Inventions,
Patented and/or Copyrighted Materials jointly with the SCAO or singly by the Grantee or the
Grantee’s employees or agents while engaged in Services under this Agreement. As to each such
disclosure, the Grantee shall specifically point out the features or concepts related to the
Inventions, Patented and/or Copyrighted Materials that are new, unique, or different such that
they may qualify for copyright, patent, or other intellectual property protection. Further, upon
the SCAO’s request, the Grantee shall assist the SCAO in determining and acquiring copyrights,
patents, or other such intellectual property protection for any Inventions, Patented and/or
Copyrighted Materials for which the SCAO desires to obtain such protection.
12.02 The Grantee warrants that as of the Effective Date of this Agreement, there are
no such Inventions, Patented and/or Copyrighted Materials for which the Grantee seeks
protection or which the Grantee desires to remove from this Agreement. Further, the Grantee
warrants that its performance under this Agreement will not infringe upon or misappropriate any
third party’s Inventions, Patented and/or Copyrighted Materials.
13. INSURANCE
13.01 The Grantee is self-insured/has procured insurance in an amount sufficient to
cover all claims related to the Grantee’s Service and as required by law.
14. PERFORMANCE MEASUREMENT DATA AND REPORTING REQUIREMENTS
14.01 The Grantee agrees to timely provide all applicable performance measurement
data, including complete and accurate reports as identified in Attachment 2 related to this
Agreement so that the SCAO can meet its reporting requirements with federal grantors.
14.02 When any required report is 30 calendar days past due, a delinquency notice will
be sent notifying the Grantee that it has 15 calendar days to comply with the reporting
requirement. When any required report is 45 calendar days past due, the Grantee’s funding
award will be rescinded and the SCAO will send a forfeiture notice to the Grantee. Notices will
be sent as provided in Section 38 of this Agreement.
15. PAYMENT PROCESSING
15.01 The Grantee must submit all payment requests along with all required reports,
records, and source documentation. Payment requests must be timely submitted to ensure that
the SCAO can request reimbursement from within the required reimbursement period. If
required support for payment is provided, the Grantee will be paid within 30 calendar days after
submission. The Grantee must sign up through the online vendor system to receive
reimbursement payments via electronic funds transfer or direct deposit. To register, go to the
Department of Technology, Management, and Budget’s website.
15.03 The Grantee agrees to lawfully use the grant funds for the purposes and under the
conditions specified in this Agreement.
15.04 Only program Services and Program Expenses detailed in the approved budget
incurred during the grant period are eligible for reimbursement. Program Expenses incurred that
are not detailed in the approved budget or are incurred outside the grant period will not be
reimbursed. Costs cannot exceed the approved grant award.
15.05 Reimbursement for Travel Expenses cannot exceed the lesser of the Grantee’s
published travel rates or allowable State of Michigan travel rates and must be approved by the
SCAO prior to incurring the expense.
15.06 Failure to submit cost statements with adequate supporting documentation prior to
the fiscal year close out deadline will also result in nonreimbursement of those costs.
15.07 Any unobligated balance of funds held by the Grantee at the end of the
Agreement period will be returned to the SCAO or treated in accordance with instructions
provided by the U.S. Treasury.
15.08 To assure that expenditures are proper and in accordance with the terms and
conditions of the federal award and approved project budgets, the Grantee’s annual and final
fiscal reports or vouchers requesting payment under this Agreement must include a certification,
signed by an official who is authorized to legally bind the Grantee. The Grantee must certify that
to the best of its knowledge reports are true, complete, and accurate, and the expenditures,
disbursements, and cash receipts are for the purposes set forth in the federal award’s terms and
conditions, and have been incurred by the Grantee’s program or court. The Grantee is aware that
any false, fictitious, or fraudulent information, or the omission of any material fact, may subject
the Grantee to criminal, civil, or administrative penalties for fraud, false statements, false claims,
or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Section 3729-3730 and 3801-
3812).
15.09 The Grantee is aware that this is a reimbursement-based grant. The Grantee’s
Expenses are eligible for reimbursement only after the Grantee has paid the Expenses.
15.10 The Grantee’s Expenses are eligible for reimbursement only if the Grantee
incurred the Expenses during the time period that this Agreement is effective. Consumable
expenses are eligible for reimbursement only if the item can reasonably be consumed (and the
Grantee incurred the expense) during the time period that this Agreement is effective.
16.EMPLOYEE TIME CERTIFICATION
16.01 All Agreement-funded employees will timely complete and submit to the SCAO
an executed Employee Time Certification form as supporting documentation in adherence with 2
CFR 200.302(b)(3).
16.02 The Grantee shall notify the SCAO immediately as set forth in Section 7 of this
Agreement when a grant-funded employee:
•becomes disabled or deceased while assigned to a grant-funded position,
•is removed or reassigned from a grant-funded position; and/or,
•is unable to report to work due to injury or illness not related to job performance
(and is not replaced within 30 calendar days by another employee)
17.RECORD MAINTENANCE/RETENTION
17.01 The Grantee agrees to maintain adequate program and fiscal records and files,
including source documentation to support program activities and all expenditures made under
the terms of this Agreement, as required. The Grantee must assure that all terms of this
Agreement will be appropriately adhered to and that records and detailed documentation for the
project or program identified in this Agreement will be maintained (may be off site) until
December 31, 2031 or until any pending litigation and/or audit findings have been resolved,
whichever occurs later. All record retention guidelines set by the SCAO and/or the Grantee must
be adhered to if they require additional years beyond retention guidelines stated herein. The
Grantee’s accounting system must maintain a separate fund or account that segregates grant
contract receipts and expenditures from other receipts and expenditures of the Grantee.
17.02 The U.S. Treasury may request a transfer of records of long-term value. Where
practicable, the Grantee should maintain, transmit, and store records in open and machine-
readable formats. The Grantee agrees to provide or make available such records to the U.S.
Treasury upon request, and to any authorized oversight body, including but not limited to the
Government Accountability Office (“GAO”), the U.S. Treasury’s Office of Inspector General
(“OIG”), and the Pandemic Relief Accountability Committee (“PRAC”).
17.03 The Grantee agrees to maintain records to support compliance with subsection
601(d) of the Social Security Act and 2 CFR 200.302(b)(3). These records may include, but are
not limited to, copies of the following:
1. general ledger and subsidiary ledgers used to account for (a) the receipt of SLFRF
payments and (b) the disbursements from such payments to meet eligible
expenditures related to the public health emergency due to COVID-19;
2. budget records;
3. payroll records, time records, and human resource records to support costs
incurred for payroll expenditures related to addressing the public health
emergency due to COVID-19;
4. receipts of purchases made related to addressing the public health emergency due
to COVID-19;
5. contracts and subcontracts entered into using SLFRF payments and all documents
related to such contracts;
6.grant agreements entered into using SLFRF payments and all documents related
to such awards;
7. all documentation of reports, audits, and other monitoring of contractors,
including subcontractors, and grant recipients and agents;
8. all documentation supporting the performance outcomes of contracts,
subcontracts, and grant awards;
9.all internal and external email/electronic communications related to use of SLFRF
payments; and
10. all investigative files and inquiry reports involving SLFRF payments.
17.04 Office of Management and Budget’s (OMB) Uniform Guidance for Non-federal
Agencies Receiving These Funds. The U.S. Department of Treasury has indicated in the
Coronavirus State and Local Fiscal Recovery Fund Frequently Asked Questions that are
accessible at U.S. Department of Treasury State and Local Fiscal Recovery Funds, located at
https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf, that the SLFRF awards
are generally subject to the requirements set forth in the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, 2 CRF Part 200 (the “Uniform
Guidance”). All reimbursements requested under this program should be accounted for with
supporting documentation. Eligible applicants should maintain documentation evidencing that
the funds were expended in accordance with federal, state, and local regulations. In accordance
with federal Uniform Guidance, funds received under this program shall be included on the
eligible applicant’s Schedule of Expenditures of Federal Awards (SEFA) and included within the
scope of the eligible applicant’s Single Audit.
Applicants must review the eCFR Uniform Guidance at https://www.ecfr.gov/current/title-
2/subtitle-A/chapter-II/part-200?toc=1 for complete requirements.
18.AUTHORIZED ACCESS
18.01 The Grantee must permit, upon reasonable notification and at reasonable times,
access by authorized representatives of the SCAO, Federal Grantor Agency, Comptroller
General of the United States and State Auditor General, or any of their duly authorized
representatives, to records and documentation related to this Agreement, as authorized and
required by law, including 2 CFR 200.334 through 2 CFR 200.338. The SCAO and/or an
outside team may conduct on-site monitoring visit(s), evaluations and/or grant audit(s) any time
during the grant period. All grant records and personnel must be made available during any visit,
if requested. The Grantee shall work cooperatively with the monitoring, audit and/or evaluation
team to permit full review of the program.
19.CONFIDENTIAL INFORMATION
19.01 To ensure the Grantee effectively performs the Services, the SCAO may disclose
Confidential Information to the Grantee. The Grantee shall not disclose Confidential
Information to any third party without prior approval from the SCAO. If disclosure of
Confidential Information is required by law or court order, the Grantee must notify the SCAO
within five (5) business days as provided in Section 38 of this Agreement before disclosure and
shall reasonably cooperate with the SCAO to narrowly tailor disclosure and obtain protective
orders or other relief as appropriate.
19.02 The Grantee agrees to return all Confidential Information to the SCAO
immediately upon the termination of this Agreement and permanently delete any electronic
copies of the data stored by the Grantee within 30 calendar days after the conclusion of this
Agreement. If requested by the SCAO, the Grantee will provide written confirmation that
deletion has been completed.
19.03 In accordance with the Uniform Guidance (including but not limited to, sections
§200.303 and §200.338) and the Privacy Act of 1974 (5 U.S.C. § 552a), the recipient is required
to take reasonable measures to safeguard protected personally identifiable information and other
information the US Department of Treasury or State of Michigan designates as sensitive or the
recipient considers sensitive consistent with applicable Federal, State, local, and tribal laws
regarding privacy and responsibility over confidentiality.
20.MEDICAL INFORMATION
20.01 Both the SCAO and the Grantee shall assure that medical services to, and
information contained in the medical records of, persons served under this Agreement or other
such recorded information required to be kept confidential by law, in connection with the
Services provided under this Agreement, shall be held confidential, and shall not be divulged
without the written consent of either the patient or a person responsible for the patient, except as
may otherwise be required by law. Such information may be disclosed in summary, statistical,
or other form if the disclosure does not directly or indirectly identify particular individuals. This
section survives termination or expiration of this Agreement.
21.AUDITS
21.01 The Grantee must comply with the following requirements:
A.Single Audit
The Grantee that expends $750,000 or more in federal awards during their
fiscal year must submit a Single Audit prepared in accordance with the
Single Audit Act as amended, 31 USC Section 7501 et seq., the audit
requirements found in 2 CFR 200.501, and the Uniform Administrative
Requirements in 2 CFR Part 200. The Grantee must also timely submit a
Corrective Action Plan for any audit findings that impact SCAO-funded
programs and a management letter with a response if applicable.
B.Audited Financial Statements
Grantees that expend less than $750,000 in federal awards during their
fiscal year must submit audited financial statements to the SCAO within
nine months after the end of the Grantee’s fiscal year.
C.Due Date and Submission Information
The required audit and any other required submissions must be timely
submitted to the required federal and state agencies. The submissions must
also be submitted to the SCAO within nine months after the end of the
Grantee’s fiscal year to:
Michigan Supreme Court Finance Department
925 W. Ottawa Street.
Lansing, Michigan 48909-0634
D.Penalty
i.Delinquent Single Audit or Financial Statement Audit
If the Grantee does not submit the required Single Audit reporting
package, management letter (if issued) with a response, and
Corrective Action Plan; or the audited financial statement and
management letter (if issued) with a response within nine months
after the end of the Grantee’s fiscal year and an extension has not
been approved by the cognizant or oversight agency for audit, the
SCAO may withhold from the current funding an amount equal to
five percent of the audit year’s grant funding (not to exceed
$200,000) until the required filing is received by the SCAO. The
SCAO may retain the amount withheld if the Grantee is more than
120 calendar days delinquent in meeting the filing requirements, and
may terminate this Agreement if the Grantee is more than 20
calendar days delinquent, if an extension has not been approved by
the cognizant or oversight agency for audit.
ii. Delinquent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter when required
may result in withholding from the current funding an amount equal
to one percent of the audit year’s grant funding until the Audit Status
Notification Letter is received.
E.Other Audits
The SCAO or federal agencies may also conduct or arrange for “agreed
upon procedures” or additional audits to meet their needs.
F.Other Requirements
To the extent that additional requirements are adopted by law during the
terms of this Agreement that impact the Agreement’s terms, the Grantee
agrees to abide by them.
21.02 The auditee must procure or otherwise arrange for the audit, if required; prepare
appropriate financial statements, including the schedule of expenditures of Federal awards;
promptly follow up and take corrective action on the audit findings; provide the auditor with
access to personnel, accounts, books, records, supporting documentation, and other information
as needed for the auditor to perform the audit.
22.SUBRECIPIENTS
22.01 The Grantee may not use the VBRD to make subawards to subrecipients.
solely responsible for monitoring its subrecipients and will submit copies of all executed
subcontracts from subrecipients within 60 calendar days of the execution of this
Agreement. Subcontracts should cover all personnel contained in the “contractual” line
item within the grant budget. Each listed agency shall have its own subcontract signed by
the Grantee and an employee of the subrecipient agency that is authorized to enter into
legally binding contracts for the entity receiving funds. Failure to submit these
documents to the SCAO within 60 calendar days may result in withholding future
payment or other penalties, as determined by the SCAO.
Before any Services are rendered by subrecipients, the Grantee must obtain a written
subcontract executed by all affected Parties.
The Grantee’s subcontracts with subrecipients shall require the subrecipients to comply
with all applicable terms of this Agreement, including the U.S. Department of the
Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions
(Attachment 1) incorporated into this Agreement.. The Grantee shall provide all
subrecipients with a copy of this Agreement.
In the event of a conflict between provisions in this Agreement and subrecipient’s
subcontract provisions, this Agreement shall prevail, and this term shall be included by
the Grantee in all subrecipient subcontracts. A conflict between this Agreement and the
subrecipient’s subcontract, however, shall not be deemed to exist where the subcontract
requires the subrecipient to perform Services in less time than this Agreement affords the
Grantee. The Grantee is solely responsible to the SCAO for any and all subcontracted
Services and for any breaches caused by subrecipients.
Expenses must be reasonable and necessary. If detailed Expense information is not
included as part of the application process, the Grantee must submit a request seeking
approval once sufficient detail is supplied.
23. SOFTWARE COMPLIANCE
23.01 The Grantee must ensure software compliance and compatibility with the SCAO’s
data system for Services provided including, but not limited to: stored data, databases and
interfaces for the production of work products and reports. All required data under this
Agreement shall be provided in an accurate and timely manner without interruption, failure or
errors due to the inaccuracy of the Grantee’s business operations for processing date/time data.
24. NOTIFICATION OF CRIMINAL OR ADMINISTRATIVE INVESTIGATIONS
24.01 If the Grantee becomes aware of a criminal or administrative investigation or
charge that directly or indirectly involves grant funds referenced in this Agreement, the Grantee
shall immediately notify the SCAO that of the investigation or charge as provided in Section 38
of this Agreement.
25. AGREEMENT/REDUCTION/SUSPENSION/TERMINATION
25.01 The SCAO and/or the Grantee may reduce the project budget, suspend, or
terminate this Agreement without further liability or penalty to the SCAO under any of the
following circumstances:
A. If any of the terms of this Agreement are not adhered to by the Grantee.
B.If the Grantee fails to make progress satisfactory to SCAO toward the project
goals, objectives, or strategies set forth in this Agreement, including but not
limited to a determination by the SCAO after second quarter claims are
submitted, in its sole discretion, that project funds are not reasonably likely to
be fully expended by the termination date.
C.If the Grantee proposes or implements substantial changes to the Scope of
Services/Work such that, if originally submitted, the application would not
have been selected for funding.
D.If the Grantee submits false certification or falsifies any other report or
document required hereunder.
E.If the Grantee is convicted of any activity referenced in Section 24 of this
Agreement during the term of this Agreement or any extension thereof.
F.If the SCAO terminates this Agreement under Section 25, the Grantee is not
eligible for SCAO grant funding for two years. After the two-year period, the
Grantee must verify in writing with SCAO that the Grantee has corrected the
issues.
G.If funding for this Agreement becomes unavailable to the SCAO due to
appropriation or budget shortfalls.
25.02 Each Party has the right to terminate this Agreement without cause, including
termination by the Grantee if the Grantee has indicated that they do not plan to spend all or some
of the grant funds. If the Grantee is the terminating party, the Chief Judge of the Grantee must
notify the SCAO in writing of such termination. The Grantee will still be required to fulfill the
grant reporting requirements under Attachment 2 as required by the terms of the grant and as
otherwise directed by the SCAO. The termination date of this Agreement will be the date that
the Grantee has met all grant reporting requirements as determined by the SCAO.
25.03 The SCAO may reduce the Grantee’s grant amount at any time if the SCAO
determines that the Grantee is not reasonably likely to fully expend the grant funds by the time
this Agreement ends.
25.04 Any funds received by the Grantee that are expended in a manner that does not
comply with applicable federal and state laws, guidelines, rules, and regulations shall be returned
to the State of Michigan. Any amounts subject to recovery must be repaid within 120 calendar
days of receipt of any notice of recoupment.
26.FINAL REPORTING UPON TERMINATION
26.01 Except as provided in Section 26.02, should this Agreement be terminated by
either party, within 30 calendar days after the termination, the Grantee shall provide the SCAO
with all financial, performance, and other reports required as a condition of this Agreement. The
SCAO will make payments to the Grantee for allowable reimbursable expenses not covered by
previous payments or other state or federal programs if the costs are adequately documented and
appropriately authorized. The Grantee shall immediately refund to the SCAO any funds not
authorized for use and any payments or funds advanced to the Grantee in excess of allowable
reimbursable expenditures.
26.02 If this Agreement is terminated by the SCAO for the Grantee’s failure to meet the
grant management requirements, the Grantee shall not be eligible to seek future grant funding
from the SCAO.
27.SEVERABILITY
27.01 If any provision of this Agreement or of any document attached to or incorporated
by reference is waived or held to be invalid, such waiver or invalidity shall not affect other
provisions of this Agreement.
28.LIABILITY AND INDEMNIFICATION
28.01 The Grantee is responsible for Liabilities and Program Expenses that result from
the Grantee’s performance or nonperformance under this Agreement. This subsection does not
waive governmental immunity as provided by law.
28.02 The Grantee warrants that, before entering into this Agreement, it is not subject to
any Liabilities or Expenses that could interfere with performance under this Agreement.
28.03 The SCAO is not responsible for Liabilities and Expenses that result from the
Grantee’s or Grantees’ agents’ performance, nonperformance, or property.
28.04 If Grantee contracts with a private third party to carry out the Grantee’s
responsibilities under this Agreement, then in that contract Grantee will require the private third
parties to indemnify SCAO and the Michigan Supreme Court (“MSC”), including their officers,
and employees (the “SCAO, MSC and related entities”) from any Liabilities that may be
imposed upon, incurred by, or asserted against the SCAO, MSC and related entities arising from
the acts or omissions of the private third-party under such contact. Any private third party who
will not agree to such provisions may not be utilized by Grantee to perform services under this
Agreement. This subsection does not waive governmental immunity as provided by law.
29.MICHIGAN LAW
29.01 This Agreement shall be subject to, and shall be enforced and construed under,
the laws of Michigan.
30.DEBT TO STATE OF MICHIGAN
30.01 The Grantee covenants that it is not, and will not become, in arrears to the State of
Michigan or any of its subdivisions upon contract, debt, or any other obligation to the State of
Michigan or its subdivisions, including real property, personal property, and income taxes.
31.DISPUTES
31.01 The Grantee shall notify the SCAO in writing of the Grantee’s intent to pursue a
claim against the SCAO for breach of any term of this Agreement within 10 business days of
discovery of the alleged breach as provided in Section 38 of this Agreement.
32.CONFLICT OF INTEREST
32.01 Because this Agreement involves federal grant funds and contracts with
governmental entities, the SCAO and the Grantee are subject to the provisions of the federal
Freedom of Information Act, found in 5 U.S.C. 552 et seq., the Contracts of Public Servants with
Public Entities Act, found in MCL 15.321 et seq., and the Standards of Conduct for Public
Officers and Employees Act, found in MCL 15.341 et seq. Further, the Grantee certifies that the
Grantee presently has no personal or financial interest, and shall not acquire any such interest,
direct or indirect, that would conflict in any manner or degree with the performance of this
Agreement.
33.COMPLIANCE WITH APPLICABLE LAWS AND AGREEMENTS
33.01 The Grantee will comply with applicable federal and state laws, guidelines, rules,
and regulations in carrying out the terms of this Agreement. The Grantee will also comply with
all applicable general administrative requirements such as Uniform Administrative
Requirements, Cost Principles, and Audit Requirements in 2 CFR Part 200 covering cost
principles, grant/Agreement principles, and audits in carrying out the terms of this Agreement.
34.CIVIL RIGHTS COMPLIANCE
34.01 Recipients of Federal financial assistance from the U.S. Treasury are required to meet
legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds.
Those requirements include ensuring that entities receiving Federal financial assistance from the
U.S. Treasury do not deny benefits or services, or otherwise discriminate on the basis of race,
color, national origin (including limited English proficiency), disability, age, or sex
(including sexual orientation and gender identity), in accordance with the following authorities:
Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq.,
and the Department's implementing regulations, 31 CFR part 22; Section 504 of the
Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516,
29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq.,
and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of
1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations
at 31 CFR part 23.
34.02 In order to carry out its enforcement responsibilities under Title VI of the Civil Rights
Act, the U.S. Treasury will collect and review information from recipients to ascertain their
compliance with the applicable requirements before and after providing financial assistance. The
U.S. Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ)
regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42,
provide for the collection of data and information from recipients (see 28 CFR 42.406). The U.S.
Treasury may request that recipients submit data for post-award compliance reviews, including
information such as a narrative describing their Title VI compliance status.
35.01 This Agreement, including but not limited to the scope of work and project budget
changes, may only be amended by a writing signed by all Parties.
36. ENTIRE AGREEMENT
36.01 This Agreement contains the entire agreement between the parties. It does not
include any other written or oral agreements, except the following:
A. U.S. Department of the Treasury Coronavirus Local Fiscal Recovery
Fund Award Terms and Conditions (Attachment 1)
B.Reporting Requirements (Attachment 2),
C.Allowable & Disallowable Expenses (Attachment 3),
D.Virtual Backlog Reduction Docket Quarterly Program Report
(Attachment 4)
E.Approved grant budget in grant application
37.PROGRAM REVIEW OR CERTIFICATION SITE VISIT
37.01 The SCAO may review the Grantee’s performance onsite. As part of the review,
the SCAO may interview team members, observe staff meetings, review case files, review data,
and review financial records.
38.DELIVERY OF NOTICE
38.01 Written notices and communications required under this Agreement shall be
delivered in one of two forms to all of the individuals listed below: (1) by electronic mail; or (2)
by overnight delivery sent by a nationally recognized overnight delivery service to the following:
38.02 The Grantee’s contact person is:
38.03 The SCAO’s contacts are:
Diane Perry Ryan Gamby
State Court Administrative Office State Court Administrative Office
Michigan Hall of Justice Michigan Hall of Justice
P.O. Box 30048 P.O. Box 30048
Lansing, MI 48909 Lansing, MI 48909
PerryD@courts.mi.gov Gambyr@courts.mi.gov
Name:
Title:
Address:
Email Address:
Phone:
35. AMENDMENT TO AGREEMENT
39.GRANTEE’S AUTHORIZING OFFICIAL
39.01 The Grantee’s “Authorizing Official” is the individual who signs this Agreement.
The Authorizing Official must be a person who is authorized to enter into a binding contract for
the Grantee. The Authorizing Official may not be a judge or other state employee. The
Authorizing Official might be from the Executive or Legislative Branch of the Grantee — for
example, the Authorizing Official might be the County Administrator, Chair of the Board of
Commissioners, Court Administrator, City Manager, Legal Counsel, Finance Director, or Mayor.
39.02 Only one person may sign this Agreement as the Grantee’s Authorizing Official.
The Grantee might have more than one individual who is authorized to enter into binding
contracts for the Grantee that is receiving funds, or the Grantee’s local rules might provide that
multiple people must sign contracts. In either case, the Authorizing Official’s signature on this
Agreement represents the mutual agreement and acceptance of this Agreement by all persons
who are authorized to enter into binding contracts for the Grantee.
SIGNATURES OF PARTIES
Virtual Response Backlog Docket Grant
CONTRACT NUMBER:
40.SIGNATURE OF PARTIES
40.01 This Agreement is not effective unless signed by all Parties.
State Court Administrative Office
________________________________ _____________________________________
Authorizing Official’s Signature Authorizing Official’s Signature
________________________________ _____________________________________
Authorizing Official’s Name Authorizing Official’s Name
________________________________ _____________________________________
Authorizing Official’s Title Authorizing Official’s Title
________________________________ _____________________________________
Date Signed by Authorizing Official Date Signed by Authorizing Official
Attachment 1
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be
used in compliance with section 603(c) of the Social Security Act (the Act), Treasury’s
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has
the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
2.Period of Performance. The period of performance for this award begins on the date hereof
and ends on December 31, 2026. As set forth in Treasury’s implementing regulations,
Recipient may use award funds to cover eligible costs incurred during the period that begins
on March 3, 2021, and ends on December 31, 2024.
3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.
4.Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence
compliance with section 603(c) of the Act, Treasury’s regulations implementing that
section, and guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have
been expended or returned to Treasury, whichever is later.
5.Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both
direct and indirect costs.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of
interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
is applicable to each activity funded under this award. Recipient and subrecipients must
disclose in writing to Treasury or the pass-through entity, as appropriate, any potential
conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
9. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by
Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable
federal statutes, regulations, and executive orders, and Recipient shall provide for such
compliance by other parties in any agreements it enters into with other parties relating to
this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury
may determine are inapplicable to this Award and subject to such exceptions as
may be otherwise provided by Treasury. Subpart F – Audit Requirements of the
Uniform Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term
or condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R.
Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term
set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under
programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the
basis of race, color, religion, national origin, sex, familial status, or
disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any
program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23,
which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance; and
v.Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of
disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies
thereto.
10.Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act,
other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or
other program requirements, Treasury may impose additional conditions on the receipt of a
subsequent tranche of future award funds, if any, or take other available remedies as set
forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding
the use of funds, previous payments shall be subject to recoupment as provided in section
603(e) of the Act.
11.Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity
financed in whole or in part by this federal assistance.
12.False Statements. Recipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy
available by law.
13. Publications. Any publications produced with funds from this award must display the
following language: “This project [is being] [was] supported, in whole or in part, by federal
award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department
of the Treasury.”
14. Debts Owed the Federal Government.
a.Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are determined by Treasury to be subject to a repayment obligation pursuant to
section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt
to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s
initial written demand for payment, unless other satisfactory arrangements have been
made or if the Recipient knowingly or improperly retains funds that are a debt as
defined in paragraph 14(a). Treasury will take any actions available to it to collect such
a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to
Recipient or third persons for the actions of Recipient or third persons resulting in death,
bodily injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal
funds, an abuse of authority relating to a federal contract or grant, a substantial and
specific danger to public health or safety, or a violation of law, rule, or regulation related
to a federal contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or
management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-
the-job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and Recipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
Attachment 2
VIRTUAL BACKLOG RESPONSE DOCKET GRANT
FY 2023 REPORTING REQUIREMENTS
April 1, 2023 through March 31, 2024
PROGRAM REPORT DUE DATES
July 10, 2023 Courts will be reporting on progress made during April 1, 2023,
through June 30, 2023.
October 10, 2023 Courts will be reporting on progress made during July 1, 2023, through
September 30, 2023.
January 10, 2024 Courts will be reporting on progress made during October 1, 2023,
through December 31, 2023.
April 10, 2024 Courts will be reporting on progress made during January 1, 2024
through March 31, 2024.
FINANCIAL CLAIM REPORTS DUE DATES
July 10, 2023 Courts will be reporting on expenditures from April 1, 2023, through
June 30, 2023.
October 10, 2023 Courts will be reporting on expenditures from July 1, 2023, through
September 30, 2023.
January 10, 2024 Courts will be reporting on expenditures from October 1, 2023,
through December 31, 2023.
April 10, 2024 Courts will be reporting on progress made during January 1, 2024
through March 31, 2024.
The court must email an itemized invoice and supporting documentation to Diane Perry
(PerryD@courts.mi.gov) by the due dates listed above. The supporting documentation must
include (if applicable):
Personnel and Fringe: Signed timesheets and official reports from the Court’s accounting or
payroll software. Examples include, but are not limited to, general ledger, revenue and
expenditure reports, payroll reports, and pay stubs.
Contractual and Supplies: Dated and itemized invoices or receipts with proof of payment.
Proof of payment must include name of vendor, date, amount, and check or ETF number.
Examples include, but are not limited to, copies of checks or official reports from the Court’s
accounting software.
Travel: Employee travel should be documented with the same requirements as Personnel and
Fringe. Contractor travel should be documented with the same requirements as Contractual and
Supplies. Copies of the Traveler’s receipts are required for all travel.
Attachment 3
ALLOWED EXPENSES
Personnel and Fringe
• Hourly wages
• Fringe benefits
Contractual
• Defense attorney, prosecuting attorney, visiting judges, and Michigan Department of
Corrections fees associated with reducing a backlog of criminal cases.
Supplies
• Office supplies and equipment not to exceed $5,000 per unit.
• Software subscriptions (must be prorated monthly for fiscal year)
Travel
• Travel expenses
*Travel expenses may not exceed the state rate, or your local rate, whichever is the lesser
expense. The state mileage rate includes premium rate for roundtrip less than 100 miles and
standard rate for roundtrip more than 100 miles.
DISALLOWED EXPENSES
Recipients may not use SLFRF funds for any of the following
• Contributions to rainy day funds, financial reserves, or similar funds.
• Payment of interest or principal on outstanding debt instruments and fees or issuance costs
associated with the issuance of new debt.
• Satisfaction of any obligation arising under or pursuant to a settlement agreement,
judgment, consent decree, or judicially confirmed debt restructuring plan in a judicial,
administrative, or regulatory proceeding, except to the extent the judgment or settlement
requires the provision of services that would respond to the COVID-19 public health
emergency.
• Payment of expenses that will be or have been reimbursed by another federal program
• A program, service, or capital expenditure that includes a term or condition that
undermines efforts to stop the spread of COVID-19. A program or service that imposes
conditions on participation or acceptance of the service that would undermine efforts to
stop the spread of COVID-19 or discourage compliance with recommendations and
guidelines in CDC guidance for stopping the spread of COVID-19 is not a permissible use
of SLFRF funds.
• A violation of the conflict of interest requirements contained in the Award Terms and
Conditions or the Office of Management and Budget’s Uniform Guidance, including any
self-dealing or violation of ethics rules. Recipients are required to establish policies and
procedures to manage potential conflicts of interest.
• To supplant state or other funding sources.
• Indirect costs, defined by 2 CFR § 200.1 as those costs incurred for a common or joint
purpose benefitting more than one cost objective, and not readily assignable to the cost
objectives specifically benefitted, without effort disproportionate to the results achieved.
• Cost associated with Research and Development
• Any other expense not identified as an “allowable expense” listed above.
Attachment 4
Virtual Backlog Reduction Docket Quarterly Program Report
Court:
Reporting Period:
__ April 1, 2023 through June 30, 2023 (Due July 10, 2023)
__ July 1, 2023 through September 30, 2023 (Due October 10, 2023)
__ October 1, 2023 through December 31, 2023 (Due January 10, 2024)
__ January 1, 2024 through March 31, 2024 (Due April 10, 2024)
Summary Report
1.Please describe the actions your court took during the reporting period to reduce your
backlog of pending criminal cases:
2.If applicable, explain any barriers or lack of progress with reducing your criminal backlog
during this reporting period:
Outcomes Report
CIRCUIT COURT
Using SCAO’s caseload reporting instructions, provide the number of cases disposed during the
quarter or pending at the end of the quarter in the table below. Leave this section blank if not
applicable to your court.
AX FC FH FJ
Disposed
During the
Quarter
Disposed 0-91 Days after Bindover
Disposed 92-154 Days after Bindover
Disposed 155-301 Days after Bindover
Disposed +301 Days after Bindover
Pending at
the End of
the Quarter
Pending 0-91 Days after Bindover
Pending 92-154 Days after Bindover
Pending 155-301 Days after Bindover
Pending +301 Days after Bindover
DISTRICT & MUNICIPAL COURT
Using SCAO’s caseload reporting instructions, provide the number of cases disposed during the
quarter or pending at the end of the quarter in the tables below. Leave this section blank if not
applicable to your court.
EX FY FD FT
Disposed
During the
Quarter
Disposed 0-14 Days
Disposed 15-28 Days
Disposed +28 Days
Pending at
the End of
the Quarter
Pending 0-14 Days
Pending 15-28 Days
Pending +28 Days
Reduced to Misdemeanor
FY FD FT
Disposed
During the
Quarter
Disposed 0-63 Days
Disposed 64-126 Days
Disposed +126 Days
Pending at
the End of
the Quarter
Pending 0-63 Days
Pending 64-126 Days
Pending +126 Days
OM SM OD SD OT ST
Disposed
During the
Quarter
Disposed 0-63 Days
Disposed 64-126 Days
Disposed +126 Days
Pending at
the End of
the Quarter
Pending 0-63 Days
Pending 64-126 Days
Pending +126 Days
________________________________
Authorizing Official’s Signature
________________________________
Authorizing Official’s Name
________________________________
Authorizing Official’s Title
________________________________
Date Signed by Authorizing Official
Please email your completed Quarterly Program Report by the deadline to Diane Perry at
PerryD@courts.mi.gov
GRANT REVIEW SIGN-OFF – 6th Circuit Court
GRANT NAME: FY 2023 Virtual Backlog Response Docket Grant
FUNDING AGENCY: State Court Administrative Office (SCAO) of Michigan
DEPARTMENT CONTACT PERSON: Chris Bujak 248-452-9564
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 03/13/2023
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of
the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Sheryl Johnson (03/13/2023)
Human Resources:
Approved by Human Resources. Creates positions, so HR actions is required. HR will send Chris the write up for upload
to Civic Clerk. - Heather Mason (03/17/2023)
Risk Management:
Approved – Robert Erlenbeck (03/13/2023)
Corporation Counsel:
Approved – Heather Lewis (03/13/2023)
Michigan Supreme Court
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
517-373-0128
Thomas P. Boyd
State Court Administrator
March 8, 2023
Honorable Jeffery S. Matis, Chief Judge
6th Circuit Court of Oakland County
1200 N, Telegraph Rd.
Pontiac, MI 48341
Re: Virtual Backlog Response Docket Award Notification
Dear Chief Judge Matis:
Congratulations! I am pleased to inform you that your court has been awarded a grant in the total
amount of $700,650.00 for the Virtual Backlog Response Docket program administered by the State Court
Administrative Office (SCAO).
To accept this award, please sign the attached Grant Agreement and email to Diane Perry at
PerryD@courts.mi.gov by March 31, 2023. The Grant Agreement becomes effective when fully executed and
terminates on March 31, 2024, with final reporting due by no later than June 30, 2024. The Grant Agreement
contains additional details on reporting requirements, budget amendments, disallowable expenditures, and most
other commonly asked questions. If you find that you are unable to spend your entire grant award, please let us
know as soon as possible so that we may consider options to extend the deadline or reallocate the funds to other
applicants.
I, the Justices, and the staff at the Michigan Supreme Court appreciate your effort towards reducing your
criminal case backlog due to the COVID-19 pandemic. If you have any questions about the grant or need
assistance, please contact Diane Perry at 517-373-7444 or PerryD@courts.mi.gov .
Sincerely,
Thomas P. Boyd
State Court Administrator
cc: Court Administrator, Kevin Oeffner
Regional Administrator/RMA, Michele Muscat
Diane Perry, Court Analyst
REQUEST:
1. That the Oakland County Board of Commissioners accepts the FY 2023 SCAO Virtual Backlog Response
Docket Grant Program in the amount of $700,650 from the State Court Administrative Office, for the period
of April 1, 2023 through March 31, 2024.
2. To create two (2) Special Revenue (SR) FTE Court Clerk positions and one (1) Special Revenue (SR) FTE
Judicial Staff Attorney position in the Circuit Court/Civli/Criminal Division.
PROPOSED FUNDING:
FY 2023 State Court Administrative Office Virtual Backlog Response Docket Grant.
OVERVIEW:
The Circuit Court was awarded a new grant with the State Court Administrative Office (SCAO), Virtual Backlog
Response Docket Grant Program for the grant period of April 1, 2023 through March 31, 2024. The total program
funding for the Virtual Backlog Response Docket Grant is $700,650. The court intends to use these funds to eliminate
a backlog of pending criminal cases due to COVID and the inability to hold criminal jury trials for almost two years.
The grant provides funding for defense attorney fees, mediator payments, visiting judges, zoom pods for attorneys
and mediators, and some Information Technology expenditures. The grant will fund the creation of two (2) Special
Revenue (SR) FTE Court Clerk positions, and one (1) Special Revenue (SR) FTE Judicial Staff Attorney position within
the Circuit Court, Civil Criminal Division.
COUNTY EXECUTIVE RECOMMENDATION:Recommended as Requested.
PERTINENT SALARIES FY 2023
*Note: Annual rates are shown for illustrative purposes only.
Class Gr Period 01 Step 12 Step 24 Step 36 Step 48 Step 60 Step 72 Step 84 Step
Court Clerk 112 Annual
Bi-wkly
42,898
1,649.94
44,981
1,730.04
47,064
1,810.14
49,146
1,890.23
51,229
1,970.33
53,311
2,050.42
55,394
2,130.52
57,476
2,210.61
Judicial
Staff
Attorney
125 Annual
Bi-wkly
80,893
3,111.26
84,819
3,262.27
88,746
3,413.31
92,672
3,564.32
96,599
3,715.36
100,526
3,866.38
104,453
4,017.43
108,380
4,168.43
SALARY AND FRINGE BENEFIT SAVINGS
**Note: Fringe benefit rates displayed are County averages. Annual costs are shown for illustrative purposes only.
Actual costs are reflected in the budget amendment.
Create Two (2) SR FTE Court Clerk positions
Salary @ Step 12 $44,891
Fringes @ 35.48%$15,927
Total Health Care Based Fringes $13,574
Cost for 1 $74,392
Cost for 2 $148,784
Create One (1) SR FTE Judicial Staff Attorney position
Salary @ Step 12 $84,819
Fringes @ 35.48%$30,094
Total Health Care Based Fringes $13,574
Cost $128,487
Total Cost $277,271