HomeMy WebLinkAboutReports - 2023.11.16 - 40712
AGENDA ITEM: Acceptance from the State Court Administrative Office for the FY 2024 Drug Court
Drug Program
DEPARTMENT: 52-4 District Court (Troy)
MEETING: Board of Commissioners
DATE: Thursday, November 16, 2023 9:30 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3461
Motion to accept the 52-4 District Court’s grant award for the FY 2024 Michigan Drug Court Grant
Program from the State Court Administrative Office in the amount of $130,000, for the period of
October 1, 2023 through September 30, 2024 and authorize the Chair of the Board of
Commissioners to execute the agreement; further, amend the FY 2024 budget as detailed in the
attached Schedule A.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
The 52nd District Court, Division IV (Troy) has been awarded the State Court Administrative Office
(SCAO), Michigan Drug Court Grant Program (MDCGP) for the grant period of October 1, 2023,
through September 30, 2024. The court intends to continue the Drug Court to assist in addressing
the problems of increasing recidivism, increasing use of alcohol and illegal drugs, rising system
costs, and an increase in jail days ordered. The funds will continue to pay for one (1) Special
Revenue (SR) Full Time Eligible (FTE) Probation Officer position (#3020505-11892) in the
Probation Unit. The award also provides funding for drug and alcohol testing, participant incentives,
counseling services, peer recovery coach and Michigan Association of Treatment Court
Professionals (MATCP) conference expenses for on-going education.
The grant award has completed the Grant Review Process in accordance with the Grants Policy.
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
Patricia Bates, District Court Probation Supervisor
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 11/16/2023
AGENDA DEADLINE: 11/16/2023 9:30 AM
ATTACHMENTS
1. 52-4 District Court – Acceptance from the State Court Administrative Office for the FY 2024
Drug Court Drug Program - Schedule A
2. Grant Review Sign-Off FINAL
3. MDCGP_52-4_District_Court_-_Hybrid_DWIDrug_Contract
COMMITTEE TRACKING
2023-11-07 Public Health & Safety - Forward to Finance
2023-11-08 Finance - Recommend to Board
2023-11-16 Full Board - Adopt
Motioned by: Commissioner Yolanda Smith Charles
Seconded by: Commissioner Philip Weipert
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay
Raman (17)
No: None (0)
Abstain: None (0)
Absent: Charles Cavell (1)
Passed
Oakland County, Michigan
52-4 District Court – Acceptance from the State Court Administrative Office for the FY 2024 Drug Court Drug Program
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 2024
Amendment
FY 2025
Amendment
FY 2026
Amendment
R Judicial Grants District Court IV FND11012 CCN3020505 RC615571 PRG121050 GRN-1004010 615000 State Operating Grants $(120,000)$(120,000)$(120,000)
Total Revenues $(120,000)$(120,000)$(120,000)
E Judicial Grants District Court IV FND11012 CCN3020505 SC702010 PRG121050 GRN-1004010 702000 Salaries Regular $(70,698)$(70,698)$(70,698)
E Judicial Grants District Court IV FND11012 CCN3020505 SC722740 PRG121050 GRN-1004010 722000 Fringe Benefit Expense $(32,261)$(32,261)$(32,261)
E Judicial Grants District Court IV FND11012 CCN3020505 SC730373 PRG121050 GRN-1004010 730000 Contracted Services $(7,150)$(7,150)$(7,150)
E Judicial Grants District Court IV FND11012 CCN3020505 SC730548 PRG121050 GRN-1004010 730000 Drug Testing Expense $(6,000)$(6,000)$(6,000)
E Judicial Grants District Court IV FND11012 CCN3020505 SC732018 PRG121050 GRN-1004010 730000 Travel and Conference $(2,690)$(2,690)$(2,690)
E Judicial Grants District Court IV FND11012 CCN3020505 SC750245 PRG121050 GRN-1004010 750000 Incentives $(1,201)$(1,201)$(1,201)
Total Expenditures $(120,000)$(120,000)$(120,000)
R Judicial Grants District Court IV FND11012 CCN3020505 RC615571 PRG121050 GRN-1004272 615000 State Operating Grants $130,000 $130,000 $130,000
Total Revenues $130,000 $130,000 $130,000
E Judicial Grants District Court IV FND11012 CCN3020505 SC702010 PRG121050 GRN-1004272 702000 Salaries Regular $75,557.00 $75,557.00 $75,557.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC722790 PRG121050 GRN-1004272 722000 FICA $5,780.00 $5,780.00 $5,780.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC722770 PRG121050 GRN-1004272 722000 Retirement $18,315.00 $18,315.00 $18,315.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC722810 PRG121050 GRN-1004272 722000 Disability $1,133.00 $1,133.00 $1,133.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC722820 PRG121050 GRN-1004272 722000 Unemployment $45.00 $45.00 $45.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC722760 PRG121050 GRN-1004272 722000 Group Life $196.00 $196.00 $196.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC722750 PRG121050 GRN-1004272 722000 Workers Comp.$665.00 $665.00 $665.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC722780 PRG121050 GRN-1004272 722000 Medical $15,960.00 $15,960.00 $15,960.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC722800 PRG121050 GRN-1004272 722000 Dental $756.00 $756.00 $756.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC722850 PRG121050 GRN-1004272 722000 Optical $24.00 $24.00 $24.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC730373 PRG121050 GRN-1004272 730000 Contracted Services $5,159.00 $5,159.00 $5,159.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC730548 PRG121050 GRN-1004272 730000 Drug Testing Expense $5,000.00 $5,000.00 $5,000.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC732018 PRG121050 GRN-1004272 730000 Travel and Conference $710.00 $710.00 $710.00
E Judicial Grants District Court IV FND11012 CCN3020505 SC750245 PRG121050 GRN-1004272 750000 Incentives $700.00 $700.00 $700.00
Total Expenditures $130,000 $130,000 $130,000
GRANT REVIEW SIGN-OFF – 52nd District Court, 4th Division
GRANT NAME: FY 2024 Michigan Drug Court Grant Program
FUNDING AGENCY: State Court Administrative Office (SCAO) of Michigan
DEPARTMENT CONTACT PERSON: Patricia Bates/(248) 528-8584
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 10/23/2023
Please be advised that 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) should be placed on the next agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved– Sheryl Johnson (10/16/2023)
Human Resources:
Approved by Human Resources. Continues 1 position with no changes. HR action not needed. – Heather Mason
(10/17/2023)
Risk Management:
Approved. Contract allows for an alternative to commercial insurance. – Robert Erlenbeck (10/18/2023)
Corporation Counsel:
Approved. CC conducted a legal review of the provided docs. The award letter was missing, P. Bates provided it to CC
and TKB upon request. Found no unresolved legal issues in the provided docs or award letter. CC confirmed with the
requesting department via P. Bates that the Department has reviewed the contract, is aware of changes from the previous
year, has no questions, and can comply with all terms. – Heather Lewis (10/23/2023)
Michigan Supreme Court
State Court Administrative Office
Michigan Drug Court Grant Program
Fiscal Year 2024 Contract
Grantee Name: 52-4 District Court — Hybrid DWI/Drug Court
Unique Identifier: U10105
Federal ID Number: 38-6004876
Contract Number: 32172
Grant Amount: $130,000
1. DEFINITIONS GOVERNING CONTRACT
The definitions below govern the terms used in this Contract.
1.01 The term “Contract” as used in this document means the Contract between the State Court
Administrative Office (the “SCAO”) and Grantee, and includes any subsequent amendments thereto.
1.02 The term “Confidential Information” means confidential and/or proprietary information
belonging to the SCAO which is disclosed to the Grantee or which the Grantee otherwise learns of during
the course of or as the direct or indirect result of rendering its Services for the SCAO.
Confidential or Proprietary Information is information not generally known to third parties or to others
who could obtain economic value from their disclosure or use of the information. This includes all
proprietary technical, financial, or other information owned by SCAO or any of its vendors, including
by way of illustration, but not limitation, computerized data, codes, programs and software, written
material, inventions, whether or not patented or patentable, designs, works of authorship, works subject
to or under copyright protection, trade secrets or trademark – protected material, performance standards
concepts, formulae, charts, statistics, financial records and reports of the SCAO or any entity otherwise
affiliated with the SCAO. Confidential or Proprietary Information also includes all confidential and
proprietary material that the Grantee may design, author, create, distribute, or produce during the term
of this Contract when rendering Services thereunder. “Confidential Information” also includes all
individualized, nonaggregated data relating to individuals, including, but not limited to, personally
identifiable information (“PII”) and information protected by the Health Insurance Portability and
Accountability Act. All information gained during the course of Grantee’s retention should be presumed
confidential unless the information is clearly identified otherwise or the circumstances of disclosure
demonstrate it not to be confidential.
1.03 The term “Effective Date” means the date upon which this Contract becomes effective,
which is the date the Contract is signed by both Parties. If the Parties do not sign the Contract on the
same date, the latest specified date will become the Contract’s effective date.
1.04 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,
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fringe, educational training, holiday/sick/vacation pay benefits, or any other similar benefits.
1.05 The term “Grant Amount” is the amount specified as “Grant Amount” on the first page
of this Contract and includes any increases or reductions under Section 17.
1.06 The term “Grantee” as used in this Contract includes the Grantee(s)/party(ies) with which
the SCAO is contracting and the employees with which the SCAO is contracting.
1.07 The term “Grantee’s agents” as used in this Contract includes the Grantee’s agents,
subcontractors, vendors, and subrecipients.
1.08 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.
1.09 The term “Parties” includes the SCAO, Grantee, and all of their employees.
1.10 The term “Pre-existing 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 subcontractors while
engaged in Services under this Contract.
1.11 The terms “Program Expenses” and “Expenses” mean all expenses including, but not
limited to, license fees and all other types of fees, memberships and dues, automobile and fuel expenses,
insurance premiums, copying costs, telephone costs and all other types of costs, and all salary and
expenses incurred by the Grantee, and all other compensation paid to the Grantee’s employees or
subcontractors that the Grantee hires, retains or utilizes for the Grantee’s performance under this
Contract. This term includes allowable program costs as articulated in WebGrants, which are contained
on the “allowable expense” list and in the program budget. This term also includes Travel Expenses as
defined below.
1.12 The term “Services” refers to the goods, services, program activities, projects, and
initiatives that the Grantee provides under this Contract, as described in the Scope of Services, Scope of
Work, and all descriptions of services in any attachments and amendments to the Contract.
1.13 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.
1.14 The term “Travel Expenses” means expenses Grantee incurs for travel including lodging,
mileage, and meals that the Grantee incurs in the reasonable fulfillment of the terms of this Contract.
Reimbursable Travel Expenses must be approved by SCAO before they are incurred.
1.15 The term “WebGrants” refers to the web-based grant management system used by SCAO.
1.16 The term “Work Product” refers to reports, programs, manuals, tapes, and videos,
including training materials, power point presentations or any other written or electronic materials
prepared under this Contract and amendments thereto. It also includes computer data such as programs
and software in various stages of development and source codes and object codes, and any other work
product prepared by the Provider under this Contract and amendments thereto.
2. PARTIES
2.01 This Contract is between the SCAO and the 52-4 District Court — Hybrid DWI/Drug
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Court (Grantee).
3. AMOUNT AND GRANT PROGRAM
3.01 The SCAO will reimburse the Grantee up to $130,000 for the Grantee’s expenses under
this Contract.
3.02 The grant funding is from the Michigan Drug Court Grant Program (MDCGP).
4. DURATION
4.01 This Contract covers Services rendered beginning on October 1, 2023, and ending on
September 30, 2024, at 11:59 p.m.
5. TERMS
5.01 This Contract contains the entire agreement between the parties. It does not include any
other written or oral agreements, except the following:
A. Reporting requirements (see Attachment 1),
B. Assurances,
C. Allowable/disallowable expense list,
D. Conditions on Expenses, and
E. Approved grant budget.
6. RELATIONSHIP AND DUTIES
6.01 No employer/employee relationship exists between the Parties. Further, no employee
or subrecipient of the Grantee is an employee of the SCAO. The Grantee is an independent
contractor, not an employee of the SCAO.
6.02 The SCAO is not obligated either under this Contract or by implication to provide and is
not liable to the Grantee for failure to provide the Grantee with Employee Benefits. The Grantee is not
eligible for and will not receive any Employee Benefits from the SCAO.
6.03 The Grantee is responsible for payment of all Taxes arising out of the Grantee’s Services
in accordance with this Contract.
6.04 The Grantee does not, and shall not, have the authority to enter into contracts on the
SCAO’s behalf.
6.05 Except for the Grant Amount, the SCAO and the Michigan Supreme Court (MSC) have
no financial obligation to the Grantee.
6.06 The Grantee agrees to comply with all of the Contract terms, including the reporting
requirements, assurances, allowable/disallowable expense list, conditions on expenses, and approved
grant budget.
7. REIMBURSEMENT AND BUDGET
7.01 This is a reimbursement-based grant.
7.02 The Grantee’s Expenses are eligible for reimbursement only if the Grantee incurred the
Expenses during the time period that this Contract is effective. Further, the Grantee’s Expenses are
eligible for reimbursement only after the Grantee has paid the Expenses. Consumable expenses, such
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as drug tests, are eligible for reimbursement only if the item can reasonably be consumed (and the
Grantee incurred the expense) during the time period that this Contract is effective.
7.03 The Grantee’s Expenses are eligible for reimbursement only if included on the allowable
expense list and the approved budget.
7.04 The Grantee’s Expenses are eligible for reimbursement only after the Grantee has
exhausted all other available funding options that were designated for the project. Examples of
potential other available funding options include local court or county funding, federal funding,
participant fees, and funding from nonprofit organizations. The Grantee is not required to first spend
funds that were not designated for the project. Once the Grantee has exhausted all other available
funding options that were designated for the project, then the grant funds under this Contract can be
used. If the Grantee has other available funding options that were designated for the project but relies
on the grant funding under this Contract before exhausting the other options, the SCAO may reduce the
reimbursement amount by an amount that is equal to the other available funding options.
7.05 Reimbursements for Travel Expenses (such as mileage) may not exceed the lesser of the
Grantee’s published travel rates or allowable State of Michigan travel rates and must be approved by
the SCAO prior to incurring the expense.
7.06 The Grantee must request Expense reimbursement on a quarterly basis (see Attachment
1). The request to reimburse each Expense must include the hourly rate or cost per unit, amount of
hours worked or number of units, a description of Services provided, the date of the Expense, the
amount requested, and proof that the Grantee has paid the Expense.
7.07 All Expense reimbursement is subject to the SCAO’s approval.
7.08 The Grantee must sign up through the online vendor system to receive reimbursement
payments via electronic funds transfers or direct deposits. To register, go to the Department of
Technology, Management, and Budget’s website.
8. RELIGIOUS PROGRAMMING
8.01 The Grantee will not spend grant funds on a program that has a religious component.
8.02 Before the Grantee refers a person to, or provides a person with, a program with a
religious component, the Grantee must do the following: (1) allow the person to choose whether to
participate in the program, (2) ensure that a person who chooses to not participate is not penalized, and
(3) provide at least one secular option.
9. ASSIGNMENT
9.01 The Grantee may not assign any portion of this Contract except with prior written
approval of the SCAO. If performance is so assigned, all requirements in this Contract shall apply to
such performance and the Grantee shall be responsible for the performance of such Services.
10. PROCURMENT CONTRACTS AND SUBRECIPIENT SUBCONTRACTS
10.01 The Grantee may enter into procurement contracts and subrecipient subcontracts for
activities under this grant.
10.02 The Grantee must provide the SCAO with copies of any procurement contracts if the
SCAO requests them.
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10.03 The Grantee must provide the SCAO with copies of any subrecipient subcontracts prior
to requesting reimbursement for subrecipient work. The subrecipient subcontracts must be uploaded in
WebGrants.
10.04 The Grantee must provide a copy of this Contract to all subrecipients and subcontractors.
11. CONFIDENTIAL INFORMATION
11.01 The parties do not expect that medical and treatment information will be obtained,
shared or utilized in this Contract. However, to the extent that it is, all medical and treatment
information of participants served under this Contract is confidential. The SCAO and the Grantee
agree that this information will not be disclosed except as allowed by law.
11.02 The Grantee agrees to comply with the Health Insurance Portability and Accountability
Act (HIPAA), 42 CFR Part 2, and the Michigan Mental Health Code. Some of these requirements
include the following:
A. The Grantee and Grantee’s agents must not share information that is protected
under HIPAA, 42 CFR Part 2, or the Michigan Mental Health Code (the
“Protected Information”). The Grantee is liable for the unauthorized use or
disclosure of Protected Information. This includes Protected Information that
the SCAO provides to the Grantee.
B. The Grantee must include terms in any procurement contract and subrecipient
subcontract that the Grantee’s agents must not share Protected Information.
This includes Protected Information that the SCAO provides to the Grantee.
C. The Grantee must have written policies and procedures about using and
disclosing Protected Information. The policies and procedures must include
provisions that restrict Grantee’s employees’ access to Protected Information.
D. The Grantee must also have a policy to report to the SCAO unauthorized
use or disclosure of Protected Information.
11.03 During Contract performance, the SCAO may disclose Confidential Information to
the Grantee. The Grantee shall not disclose Confidential Information to any third party without prior
approval from the SCAO. If disclosure of Confidential Information is required by law or court order,
the Grantee must notify the SCAO within five business days as provided in Section 27 of this Contract
before disclosure and shall reasonably cooperate with the SCAO to (1) narrowly tailor disclosure and
(2) support SCAO’s efforts to obtain protective orders or other relief as appropriate.
11.04 When Grantee is no longer operating a certified problem-solving court and/or when
Grantee loses its problem-solving court certification or sooner if requested by SCAO, the Grantee
agrees to return all Confidential Information to the SCAO and permanently delete any electronic
copies of the data stored by the Grantee within 30 calendar days thereafter. If requested by the SCAO,
the Grantee will provide written confirmation that deletion has been completed.
11.05 This section survives termination or expiration of this Contract.
12. RIGHTS TO WORK PRODUCT, PRE-EXISTING INVENTIONS, AND IMPROVEMENTS
12.01 All Work Product shall belong to and is owned by the SCAO and is subject to copyright
or patent only by the SCAO. The SCAO shall have the right to obtain from the Grantee original materials
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produced under this Contract and shall have the right to distribute those materials.
12.02 The SCAO shall have copyright, property, and publication rights in all Work Product
developed in connection with this Contract.
12.03 The SCAO grants the Grantee a royalty-free, nonexclusive license to use any Work
Product developed in the course of executing this Contract that is not Confidential and Proprietary
Information as defined in this Contract. However, the Grantee shall not publish or distribute any Work
Product relating to the Services provided under this Contract.
12.04 The Grantee shall safeguard the Grantee’s property, materials and Work Product. The
SCAO is not responsible and will not be subject to any Liabilities for any claims related to the loss,
damage, or impairment of Provider’s property, materials and/or Work Product.
12.05 The Grantee shall promptly disclose in writing to SCAO all Pre-existing Inventions,
Patented and/or Copyrighted Materials used to provide Services under this Contract.
12.06 The Grantee shall assist the SCAO in determining and acquiring copyrights, patents, or
other such intellectual property protection for any Work Product for which the SCAO desires to obtain
such protection.
12.07 The Grantee warrants that as of the Effective Date of the Contract, there are no Pre-
existing Inventions, Patented and/or Copyrighted Materials for which the Grantee seeks protection or
which the Grantee desires to remove from the Contract provisions before entering into this Contract.
Further, the Grantee warrants that its performance under this Contract will not infringe upon or
misappropriate any third party’s patents, copyrights or other intellectual property rights.
12.08 The Grantee further warrants that as of the Effective Date of the Contract, the Grantee
has obtained all material licenses, authorizations, approvals and/or permits required by law to conduct
its business generally and to perform its obligations under this Contract.
13. INSURANCE
13.01 The Grantee must procure commercial liability insurance or ensure that an adequate
amount of money is set aside in its local budget to cover all reasonable claims related to the Grantee’s
and Grantee’s agents’ Services under this Contract.
14. LIABILITY
14.01 The Grantee is responsible for Liabilities and Expenses that result from the Grantee’s
performance or nonperformance under this Contract. This subsection does not waive governmental
immunity as provided by law.
14.02 The Grantee warrants that, before entering into this Contract, it is not subject to any
liabilities or expenses that could interfere with Contract performance.
14.03 The SCAO is not responsible for Liabilities and Expenses that result from the Grantee’s
or Grantees’ agents’ performance, nonperformance, or property.
14.04 If Grantee contracts with a private third party to carry out the Grantee’s responsibilities
under this Contract, then in that contract Grantee will require the private third parties to indemnify SCAO
and the MSC, including their officers, and employees (the “SCAO, MSC and related entities”) from any
Liabilities that may be imposed upon, incurred by, or asserted against the SCAO, MSC and related
entities arising from the acts or omissions of the private third party under such contact. Any private third
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party who will not agree to such provisions may not be utilized by Grantee to perform services under
this Contract. This subsection does not waive governmental immunity as provided by law.
15. FINANCIAL RECORDS, RETENTION, AND INSPECTION
15.01 The Grantee agrees that all Expenses comply with the standard procedures of the
Grantee’s funding unit.
15.02 The Grantee agrees to maintain financial records that follow generally accepted
accounting principles.
15.03 The Grantee must maintain an accounting system with grant financial records that are
kept separately from the Grantee’s other financial records.
15.04 The Grantee must retain all financial records related to this Contract for at least five years
after the SCAO’s final reimbursement to the Grantee. The Grantee is responsible for the costs to retain
these records.
15.05 If an audit begins before the five-year period expires, and it extends past that period, the
Grantee must retain all records until the audit is complete. Based on the audit, the SCAO may adjust
reimbursement payments. If the audit reveals that the SCAO overpaid the Grantee, the Grantee must
immediately refund those amounts to the SCAO.
15.06 The Grantee agrees that the MSC, the SCAO, the Michigan Department of Treasury, the
State Auditor General, and these parties’ authorized representatives may upon notification audit and copy
the Grantee’s grant financial records.
16. GRANT REPORTING
16.01 The Grantee agrees to timely provide all applicable performance measurement data,
including complete and accurate reports as identified in Attachment 1 related to this Contract so that
the SCAO can meet its reporting requirements. Further, the Grantee agrees to follow the grant reporting
requirements in Attachment 1.
16.02 Further, for each participant who is screened for or accepted into the grant program, the
Grantee must timely enter data in compliance with the minimum standards established by the SCAO
into the Drug Court Case Management Information System.
16.03 When any required report is 30 calendar days past due, a delinquency notice will be sent
notifying the Grantee that it has 15 calendar days to comply with the reporting requirement. When any
required report is 45 calendar days past due, the Grantee’s funding award will be rescinded and the
SCAO will send a forfeiture notice to the Grantee. Notices will be sent as provided in Section 27 of
this Contract.
17. INCREASES AND REDUCTIONS IN GRANT AMOUNT
17.01 When Grantee cannot spend some or all allocated grant funds, these funds should be
reallocated to other problem-solving courts who can spend them. This ensures that the problem-solving
courts can address as many of the communities’ needs as possible. The Grantee acknowledges that its
failure to spend, provide proof of expenditures, or request reimbursement of Grant Award expenditures
by the financial claims report due dates may trigger the reallocation process outlined in Section 17.05.
Therefore, the Grantee agrees to provide all financial claims on the schedule outlined in Attachment 1.
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Failure of the Grantee to submit all financial claims by their due dates will jeopardize Grantee’s grant
funding and subject the Grantee to the procedures set forth in Section 17.05 below.
17.02 Further, for each participant who is screened for or accepted into the grant program, the
Grantee must enter data in compliance with the minimum standards established by the SCAO into the
Drug Court Case Management Information System.
17.03 The SCAO will monitor Grantee’s progress and expenditure of its Grant Amount.
Grantee must use its best efforts to utilize the full amount of funds awarded.
17.04 If Grantee has made satisfactory progress towards utilization of its Grant Amount and
SCAO or Grantee determines at any time during the Contract Term that Grantee could benefit from
additional grant funds such that its Grant Amount should be increased, Grantee must submit a
reallocation amendment request through Webgrants, stating the amount of additional grant funds
needed, explaining how the additional amount was determined, and outlining the court’s plan to utilize
the additional amount, if awarded.
17.05 If at any time during the Contract term Grantee fails to demonstrate satisfactory progress
towards utilization of its Grant Amount, as determined by SCAO in its sole discretion, SCAO will
implement the following Grant review process:
A. SCAO will notify Grantee that it appears that Grantee is not making satisfactory
progress toward spending its Grant Amount and will request an explanation from
Grantee as to its lack of progress.
B. Grantee must, within 10 business days from the date of the notice, provide an
explanation to SCAO for its lack of satisfactory progress and outline its plan for
fully spending the Grant Amount during the Contract term, or if Grantee cannot
fully spend the Grant Amount, Grantee must request a reduction in the Grant
Amount which aligns with its plan. This information must be submitted by
emailing a letter to Andrew Smith at smitha@courts.mi.gov. Failure to provide
this information within the time specified by SCAO will result in a reduction in
the Grant Amount based on the claims information already submitted by Grantee
and using any other criteria SCAO determines to be relevant.
C. SCAO will determine whether the Grant Amount should remain as initially
awarded, or be reduced and notify Grantee of the decision. Should the Grant
Amount be reduced, Grantee will submit a budget revision in Webgrants by the
date specified by SCAO showing how the reduced Grant Amount will be
allocated for the remaining Contract Term.
D. For communications other than those made through Webgrants and as mentioned
in Subsection 17.05(B), all notices will be sent as provided in Section 27 of this
Contract.
17.06 If at any time during the Contract Term Grantee determines on its own that it will not
fully spend the entire Grant Amount during the Contract Term, the Grantee must submit a reallocation
request to SCAO in Webgrants identifying how much of the Grant Amount the Grantee intends to spend
during the Contract term, and how much the Grantee would like to return to SCAO.
17.07 Whether or not SCAO changes the Grant Amount through reduction or increase, the
Grantee must fully comply with the reporting requirements found in Attachment 1, and the Grantee’s
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obligations under the Contract will remain in effect until Grantee fully complies.
17.08 Section 17 survives termination of this Contract.
18. SUSPENSION OR TERMINATION OF CONTRACT
18.01 In addition to the provisions set forth in Section 17, the SCAO and/or the Grantee may
immediately reduce the project budget, or suspend or terminate this Contract without further liability or
penalty to the SCAO under any of the following circumstances:
A. If any of the terms of this Contract are not adhered to by the
Grantee/subrecipients.
B. If the Grantee 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.
C. If the Grantee is not certified or submits false certification or falsifies any
other report or document required hereunder. Grantees that are funded with
Swift and Sure Sanctions Probation Program funds are exempt from
certification requirements in Section 24.
D. If the Grantee is charged with or convicted of any criminal activity or offenses
during the term of this Contract or any extension thereof.
E. If funding for this Contract becomes unavailable to the SCAO due to
appropriation or budget shortfalls.
F. If the Grantee does not comply with a contract term, including the reporting
requirements, assurances, allowable/disallowable expense list, conditions on
expenses, and approved grant budget.
G. If any report from Section 16 is at least 45 days late.
18.02 Each Party has the right to terminate this Contract without cause subject to the conditions
below. If the Grantee is the party attempting to terminate the Contract, the Chief Judge of the Grantee
must notify the SCAO in writing of such termination. The Grantee’s obligations under the Contract
cannot be terminated, however, until Grantee fulfills all of the grant reporting requirements under
Attachment 1 as required by the terms of the grant and as otherwise directed by the SCAO. Grantee’s
obligations under this Contract will not be terminated until Grantee has met all grant reporting
requirements as determined by the SCAO.
18.03 If the SCAO terminates this Contract under Section 18, with the exception of termination
stated in Section 18.01(E), the Grantee is not eligible for SCAO grant funding for two years. After the
two-year period, the Grantee must verify in writing with SCAO that the Grantee has corrected the issues.
19. COMPLIANCE WITH LAWS
19.01 The Grantee must comply with all federal, state, and local laws and applicable ethics,
rules, and canons.
20. MICHIGAN LAW
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20.01 This Contract shall be subject to, and shall be enforced and construed under, the laws of
the state of Michigan. Further, the parties agree to litigate any disputes arising directly or indirectly from
the Contract in the Court of Claims in the state of Michigan or if the Court of Claims cannot take
jurisdiction over the dispute then by the Michigan circuit court determined appropriate by the SCAO.
21. CONFLICT OF INTEREST
21.01 Because this Contract involves federal grant funds and contracts with governmental
entities, the SCAO and the Grantee are subject to the provisions of the federal Freedom of Information
Act, found in 5 U.S.C. 552 et. seq., the Contracts of Public Servants with Public Entities Act, found in
MCL 15.321 et seq., and the Standards of Conduct for Public Officers and Employees Act, found in
MCL 15.341 et seq. Further, the Grantee certifies that the Grantee presently has no personal or financial
interest, and shall not acquire any such interest, direct or indirect, that would conflict in any manner or
degree with the performance of this Contract.
22. DEBT TO STATE OF MICHIGAN
22.01 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.
23. CONTRACT DISPUTE
23.01 The Grantee shall notify the SCAO in writing of the Grantee’s intent to pursue a claim
against the SCAO for breach of any term of this Contract within 10 business days of discovery of the
alleged breach as provided in Section 27 of this Contract.
24. PROGRAM CERTIFICATION
24.01 Under Michigan law, approval and certification by the SCAO is required to begin or to
continue the operation of a drug court, sobriety court, hybrid drug/DWI court, family dependency
treatment court, veteran’s treatment court or mental health court. Any of these programs that are not
certified by Grantee shall not perform any of the functions of that program type, including, but not limited
to, receiving grant funding under the law and shall not be covered by this Contract.
25. PROGRAM REVIEW OR CERTIFICATION SITE VISIT
25.01 The SCAO may review the Grantee onsite. As part of the review, the SCAO may
interview the program’s team members, observe staff meetings and status review hearings, review case
files, review data, and review financial records.
26. AMENDMENT
26.01 Except as provided in Subsections 17.05 and 26.02, the parties may amend this Contract
only in writing signed by both parties.
26.02 The SCAO and the Grantee must submit a budget/project amendment through
WebGrants. An example of a budget amendment is the Grantee requesting to move money from one
approved line item in the budget to another approved line item in the budget, and the SCAO approving
the requested budget amendment. The SCAO and the Grantee must also notify the other party in
WebGrants of any changes in project directors, program judges, agency contacts, financial officers, or
authorizing officials, including changes in names, mailing addresses, e-mail addresses, and telephone
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numbers.
27. DELIVERY OF NOTICE
27.01 Unless otherwise specified in this Agreement, written notices and communications
required under this Contract shall be delivered in one of two forms: (1) by electronic mail; or 2) by
overnight delivery sent by a nationally recognized overnight delivery service to the following:
27.02 The Grantee’s contact person is:
Patricia Bates
52-4 District Court
520 W. Big Beaver Road
Troy, MI 48084
batesp@oakgov.com
27.03 The SCAO’s contacts are:
Andrew Smith
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, MI 48909
Smitha@courts.mi.gov
and
Ryan Gamby
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, MI 48909
Gambyr@courts.mi.gov
28. NONDISCRIMINATION
28.01 During the performance of this Agreement, the Grantee agrees—
a. To comply with all state and federal nondiscrimination laws and regulations, as
may be amended from time to time.
b. Not to participate directly or indirectly in the discrimination prohibited by any
state or federal nondiscrimination law or regulation, such as federal laws or
regulations as set forth in Appendix B of 49 CFR part 2.
c. To permit access to its books, records, accounts, other sources of information,
and its facilities as required by the SCAO.
d. That, in the event a Grantee fails to comply with any nondiscrimination
provisions in this Agreement, the SCAO will have the right to impose such
Agreement sanctions as it determines are appropriate, including but not limited to
withholding payments to the Grantee under the Agreement until the Grantee
complies; and/or cancelling, terminating, or suspending this Agreement or a
contract or funding agreement, in whole or in part.
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29. GRANTEE’S AUTHORIZING OFFICIAL
29.01 The Grantee’s “Authorizing Official” is the individual who signs this Contract. The
“Authorizing Official” is an official of the Grantee who has the legal authority to, is authorized to, and
can legally sign contracts on behalf of the Grantee and bind the Grantee to the terms of the contracts,
including this Contract. The Authorizing Official may not be a judge or other state employee. By signing
below, the Grantee and Grantee’s Authorizing Official warrant that the Authorizing Official has the
actual authority to sign the Contract on behalf of the Grantee.
29.02 Only one person may sign this Contract as the Grantee’s Authorizing Official. The
Grantee might have more than one individual who is authorized to enter into binding contracts for the
Grantee that is receiving funds, or the Grantee’s local rules might provide that multiple people must sign
contracts. In either case, the Authorizing Official’s signature on this Contract represents the mutual
agreement and acceptance of this Contract by all persons who are authorized to enter into binding
contracts for the Grantee.
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SIGNATURES OF PARTIES
Michigan Drug Court Grant Program
CONTRACT NUMBER: 32172
30. SIGNATURE OF PARTIES
30.01 This Contract is not effective unless signed by both Parties.
30.02 The signatures on this contract are electronic through the DocuSign system.
30.03 The DocuSign system requires an agent of the Grantee to send this Contract to the
Grantee’s Authorizing Official for the Authorizing Official’s review and signature. Selecting the
dropdown below confirms that the Contract can be sent to the Grantee’s Authorizing Official for
signature.
30.04 The DocuSign system requires an agent of the SCAO to send this Contract to the Deputy
State Court Administrator for review and signature. Selecting the dropdown below confirms that the
Contract can be sent to the Deputy State Court Administrator for signature.
52-4 District Court State Court Administrative Office
Hybrid DWI/Drug Court
________________________________ ___________________________________
Authorizing Official’s Signature SCAO Official’s Signature
________________________________ ___________________________________
Authorizing Official’s Name SCAO Official’s Name
________________________________ ___________________________________
Authorizing Official’s Title SCAO Official’s Title
________________________________ ___________________________________
Date Signed by Authorizing Official Date Signed by SCAO Official
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The contract is ready for the Authorizing Official's signature.
ATTACHMENT 1
FY 2024 REPORTING REQUIREMENTS
October 1, 2023, through September 30, 2024
DCCMIS DATA EXCEPTION REPORT DUE DATE NOTE
February 15, 2024* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of October 1, 2023, through
December 31, 2023.
May 15, 2024* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of January 1, 2024, through
March 31, 2024.
August 15, 2024* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of April 1, 2024, through June 30, 2024.
November 15, 2024* Courts will be reviewing error reports reflecting data entered into
DCCMIS for the time period of July 1, 2024, through
September 30, 2024.
DCCMIS USER AUDIT
DUE DATE NOTE
January 31, 2024* Courts will be confirming user access to DCCMIS.
WEBGRANTS USER AUDIT REPORT
DUE DATE NOTE
January 31, 2024 Courts will be confirming user access to WebGrants.
CLAIMS
DUE DATE NOTE
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 expenditures from January 1, 2024,
through March 31, 2024.
July 10, 2024 Courts will be reporting expenditures from April 1, 2024, through
June 30, 2024.
October 10, 2024 Courts will be reporting expenditures from July 1, 2024, through
September 30, 2024.
PROGRESS REPORT
DUE DATE NOTE April 30, 2024*
*Planning Grants – If your court is receiving a FY 2024 planning grant, you are only required to
complete this report if the program becomes operational during this fiscal year.
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