HomeMy WebLinkAboutReports - 2023.11.16 - 40720AGENDA ITEM: Acceptance from the State Court Administrative Office of the FY 2024 Byrne Grant
for Adult Treatment Court Program
DEPARTMENT: Circuit Court
MEETING: Board of Commissioners
DATE: Thursday, November 16, 2023 9:30 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3480
Motion to accept the FY 2024 Michigan Hybrid DWI/Drug Court Grant Program - Adult Treatment
Court -from the State Court Administrative Office in the amount of $31,500, for the period of October
1, 2023 through September 30, 2024 and authorize the Chair of the Board of Commissioners to
execute the grant agreement; further, amend the FY 2024 budget as detailed in the attached
Schedule A.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
This grant will aid in supporting the Oakland County Adult Treatment Court (ATC), which is a Hybrid
/ DWI Court that applies alternative judicial proceedings to chemically abusing and dependent, non-
violent, adult felony offenders that have met established eligibility criteria for admittance. The
program is voluntary and intensive by design, combining the implementation of evidence-based
treatment support with court-ordered supervision and case management services. The ATC aims to
rehabilitate, and then successfully reintegrate, these high-risk individuals back within the community
with the goal of reducing recidivism and avoiding any unnecessary terms of jail or imprisonment.
The Circuit Court has applied and was awarded from the State Court Administrative Office (SCAO),
Michigan Drug Court Grant Program for Edward Byrne Memorial Justice Assistance Grant in the
amount of $31,500 for the grant period of October 1, 2023 through September 30, 2024. The total
program grant application funding for the Adult Treatment Court (ATC) is $565,310, $31,500 in
Byrne funds, $296,500 in grant funding from SCAO and $237,310 in grants and other funding. The
court intends to continue the ATC to deal with problems of increasing recidivism, increasing use of
alcohol and illegal drugs, rising system costs, and the increase in jail days ordered. The SCAO is
allowing the Circuit Court to consolidate its mental health component into this ATC grant via a
mental health “track” of the ATC, in order to avoid certification requirements which are not feasible
for our drug court to meet at this time. The grant funds that were previously obtained through the
mental health grant have been requested in this Adult Treatment Court grant application to service
the mental health participants of the ATC. The application proposed to fund treatment, testing, and
liaison service testing for Adult Treatment Court participants. The Byrne grant provides funding for
drug testing supplies and kits, contractual services for individual and family treatment. The grant
award also provides funding for contractual services from Oakland Community Health Network
(OCHN) in the form of a Court Liaison position, as well as a Peer Recovery Coach, which serves
and assists the ATC Team via assessments, court testimonies, consultations, progress updates,
crisis intervention, community referrals, and coordinates care throughout OCHN’s network of Core
Provider Agencies (CPA), bridging the gaps between the Court and Mental Health systems.
The grant award has completed the Grant Review Process in accordance with the Grants Policy.
POLICY ANALYSIS
The acceptance of this grant does not obligate the County or Court to continue funding past FY
2024.
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
Aaron Snover, Board of Commissioners Created/Initiated - 11/16/2023
AGENDA DEADLINE: 11/16/2023 9:30 AM
ATTACHMENTS
1.Circuit Court – Acceptance of FY24 Byrne Grant for Adult Treatment Court - Schedule A
2.Grant Review Sign-Off FY24 Byrne
3.FY24 ATC Byrne Federal Award Budget Ap Redacted
4.FY24 Byrne ATC Award
5.FY2024 ATC Byrne JAG SCAO Grant Contract
COMMITTEE TRACKING
2023-11-07 Public Health & Safety - 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
Circuit Court – Acceptance of FY24 Byrne Grant for Adult Treatment Court
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 Civil/Criminal Division FND11012 CCN3010301 RC615571 PRG121200 GRN-1004299 615000 State Operating Grants 31,500 31,500 31,500
Total Revenues $31,500 $31,500 $31,500
E Judicial Grants Civil/Criminal Division FND11012 CCN3010301 SC731458 PRG121200 GRN-1004299 730000 Professional Services 21,500 21,500 21,500
E Judicial Grants Civil/Criminal Division FND11012 CCN3010301 SC730548 PRG121200 GRN-1004299 730000 Drug Testing Expense 10,000 10,000 10,000
Total Expenditures $31,500 $31,500 $31,500
GRANT REVIEW SIGN-OFF – 6th Circuit Court
GRANT NAME: FY 2024 Adult Treatment Court Byrne Grant (SCAO)
FUNDING AGENCY: US Department of Justice
DEPARTMENT CONTACT PERSON: Chris Bujak 248-452-9564
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 10/26/2023
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 (10/24/2023)
Human Resources:
Approved by Human Resources. No position impact. – Heather Mason (10/24/2023)
Risk Management:
Approved. Contract allows for self-insurance – Robert Erlenbeck (10/25/2023)
Corporation Counsel:
Approved – Mary Ann Jerge (10/24/2023)
33001 - 6th Circuit Court- Byrne JAG Funding33001 - 6th Circuit Court- Byrne JAG Funding
Application DetailsApplication Details
Funding Opportunity:
32076-Fiscal Year 2024 Federal: Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) - Assistance Listing Number 16.738
Funding Opportunity Due Date: Nov 3, 2023 11:59 PM
Program Area: Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) Assistance Listing Number 16.738
Status: Editing
Stage: Final Application
Initial Submit Date:
Initially Submitted By:
Last Submit Date:
Last Submitted By:
Contact Information
Primary Contact Information
Name:Mr.
SalutationSalutation
Nathanial
First NameFirst Name
Robert
Middle NameMiddle Name
Gilling
Last NameLast Name
Title:
Email*:
Address*:
Drug Treatment Court
Supervisor
1200 North Telegraph Road
Pontiac
CityCity
Michigan
State/ProvinceState/Province
48340
Postal Code/ZipPostal Code/Zip
Phone*:
PhonePhone
###-###-#######-###-####
Ext.Ext.
Fax:
To access the WebGrants Access form click To access the WebGrants Access form click here.here.
WebGrants Authorization Approval Form:
Organization Information
Name*:
Organization Type*:
Tax Id:
Organization Website:
Address*:
######--######--########
.pdf
6th Circuit Court - Oakland County (C06)
State Court Administrative Office
6th Circuit Court, Courthouse Tower
1200 N. Telegraph Rd.
1 of 5
Pontiac
CityCity
Michigan
State/ProvinceState/Province
48341
Postal Code/ZipPostal Code/Zip
Phone*: ######--######--########Ext.Ext.
Fax: ######--######--########
FY 24 Federal Contact Information
Program InformationProgram Information
Select your court*:C06 Oakland
County*:
Is your program multi-jurisdictional or,
includes additional counties in the same
jurisdiction? If yes, please list all of the
participating jurisdictions and/or counties.
(e.g. 21st District Court and 23rd District Court (e.g. 21st District Court and 23rd District Court OROR
Clare and Gladwin Counties)Clare and Gladwin Counties)
:
Please pick your program type*:
Federal Tax ID *:
What is the program's most recent LAO number.What is the program's most recent LAO number.
LAO#
Planning programs enter 0000-00Planning programs enter 0000-00
*:
Chief Judge *:
Program Judge 1 Name*:
Oakland
Hybrid DWI/Drug Cour
2009-01
Hon. Jeffery Matis Hon.
Yasmine I. Poles
Number of years as a program judge.*:>2 years
Program Judge 1 Email Address*:
Program Judge 2 Name:
Hon. Phyllis C.
McMillen
Number of years as a program judge.:>2 years
Program Judge 2 Email Address:
Program Judge 3 Name:
Number of years as a program judge.:
Program Judge 3 Email Address:
Program Judge 4 Name:
Program Judge 4 Email Address:
Number of years as a program judge.:
Court Administrator*:
Financial Officer*:
Project Director*:
Hon. Kameshia D. Gant
1-2 years
Richard Lynch
Christina Bujak
Nate Gilling & Christina
Bujak
2 of 5
Project Director E-mail Address*:
Project Director Phone Number*:
Authorizing Official (individual who will
sign the grant contract) Name*:
Authorizing Official E-mail Address*:
Authorizing Official Phone Number*:
Authorizing Official Title *:
Mr. David Woodward
Chairman of the County Board of Commissioners
SIGMA Vendor ID #*:
CV0048080
This number begins with CV, followed by 7 digits. Review previous payments from the State for this number. If you would like assistance, please contactThis number begins with CV, followed by 7 digits. Review previous payments from the State for this number. If you would like assistance, please contact
PSC@courts.mi.gov.PSC@courts.mi.gov.
Federal Budget
PersonnelPersonnel
PersonnelPersonnel
Describe the personnel costs (i.e., wages) associated with the proposed project.Describe the personnel costs (i.e., wages) associated with the proposed project.
Fringe BenefitsFringe Benefits
Fringe BenefitsFringe Benefits
Describe in detail each fringe benefit amount. Describe in detail each fringe benefit amount. If you are requesting funds in the ?Other? category, include a detailed description of those expenses.If you are requesting funds in the ?Other? category, include a detailed description of those expenses.
ContractualContractual
ContractualContractual
Describe the contractual costs associated with the proposed project.Describe the contractual costs associated with the proposed project.
CONTRACTUAL EXPENSES:CONTRACTUAL EXPENSES:
Substance Abuse ScreeningSubstance Abuse Screening
NameName PositionPosition ComputationComputation RequestRequest Other Grant Or Funding SourceOther Grant Or Funding Source Local Cash ContributionLocal Cash Contribution Local In-Kind ContributionLocal In-Kind Contribution TotalTotal
No Data for TableNo Data for Table
Types of Fringe Benefits to be ClaimedTypes of Fringe Benefits to be Claimed RequestRequest Other Grant Or Funding SourceOther Grant Or Funding Source Local Cash ContributionsLocal Cash Contributions In-Kind ContributionsIn-Kind Contributions TotalTotal
No Data for TableNo Data for Table
Service to beService to be
ProvidedProvided Contractor(s)Contractor(s)ComputationComputation RequestRequest
Other Grant orOther Grant or
FundingFunding
SourcesSources
Local CashLocal Cash
ContributionContribution
Local In-KindLocal In-Kind
ContributionContribution TotalTotalSubrecipient/ContractorSubrecipient/Contractor
Substance AbuseSubstance Abuse
ScreeningScreening
AverHealth/AverTest; RESULTSAverHealth/AverTest; RESULTS See BelowSee Below $10,000.00$10,000.00 $20,000.00$20,000.00 $0.00$0.00 $0.00$0.00 $30,000.00$30,000.00ContractorContractor
OCHN Liaison andOCHN Liaison and
Peer Recovery CoachPeer Recovery Coach
Oakland Community Health NetworkOakland Community Health Network
(OCHN)(OCHN)
See BelowSee Below $16,500.00$16,500.00 $59,000.00$59,000.00 $0.00$0.00 $0.00$0.00 $75,500.00$75,500.00ContractorContractor
Treatment ServicesTreatment Services Easter Seals; Oakland FamilyEaster Seals; Oakland Family
Services; Community Programs, IncServices; Community Programs, Inc
See BelowSee Below $5,000.00$5,000.00 $0.00$0.00 $5,000.00$5,000.00 $0.00$0.00 $10,000.00$10,000.00ContractorContractor
$31,500.00 $79,000.00 $5,000.00 $0.00
3 of 5
These requested funds will be used to pay for drug and alcohol testing to help monitor client recovery efforts. Oakland County contracts with both These requested funds will be used to pay for drug and alcohol testing to help monitor client recovery efforts. Oakland County contracts with both AverHealthAverHealth and and
RESULTSRESULTS (Oakland County Sheriff’s Department) for these services.(Total Request of $10,000.00) (Oakland County Sheriff’s Department) for these services.(Total Request of $10,000.00)
Urine screens with BAC up to $15.00;Urine screens with BAC up to $15.00;
Urine screens with EtG up to $30.00;Urine screens with EtG up to $30.00;
Oral testing up to $20.00;Oral testing up to $20.00;
Breathalyzer Testing up to $4;Breathalyzer Testing up to $4;
EtG up to $20.00;EtG up to $20.00;
Speciality add-on up to $5.00;Speciality add-on up to $5.00;
Confirmation screening up to $24.00 per substance confirmedConfirmation screening up to $24.00 per substance confirmed
OCHN Liaison and Peer Recovery CoachOCHN Liaison and Peer Recovery Coach
These requested funds will be used to support the positions of a full-time OCHN Liaison and a part-time Peer Recovery Coach, both of which fall under allowableThese requested funds will be used to support the positions of a full-time OCHN Liaison and a part-time Peer Recovery Coach, both of which fall under allowable
expenses within consultant / contractor fees. The OCHN Liaison and Peer Recovery Coach are both contracted through Oakland Community Health Network throughexpenses within consultant / contractor fees. The OCHN Liaison and Peer Recovery Coach are both contracted through Oakland Community Health Network through
the establishment of an Inter-Local Governmental Agreement. The OCHN Liaison is tasked with assisting the program by aiding with training, participant eligibilitythe establishment of an Inter-Local Governmental Agreement. The OCHN Liaison is tasked with assisting the program by aiding with training, participant eligibility
screenings, substance abuse and mental health assessments, treatment coordination of client services, community referrals, consultations, and crisisscreenings, substance abuse and mental health assessments, treatment coordination of client services, community referrals, consultations, and crisis
intervention.intervention.
- The OCHN Liaison is paid at a rate of approximately $34.00/hour with an upper cost of this position of $57,000.00 per fiscal year. The Peer Recovery Coach position- The OCHN Liaison is paid at a rate of approximately $34.00/hour with an upper cost of this position of $57,000.00 per fiscal year. The Peer Recovery Coach position
is assigned to help participants find appropriate sober supports and crisis prevention services.is assigned to help participants find appropriate sober supports and crisis prevention services.
- The Peer Recovery Coach is paid at a current rate of $31.00/hour with an upper cost of this position of $21,000.00 per fiscal year.. (Total Request of $78,000.00)- The Peer Recovery Coach is paid at a current rate of $31.00/hour with an upper cost of this position of $21,000.00 per fiscal year.. (Total Request of $78,000.00)
Treatment Services
These requested funds will be used to assist with treatment supports such as individual and group therapy, psychiatric evaluations, Relapse “Tune Up” Weekends,
and medication assisted treatment (MAT) services. Providers for these services may include Easter Seals, Oakland Family Services, or Community Programs, Inc., each
of whom have local offices in the Oakland County area. Treatment services handled through “private pay” are done so on a sliding fee scale; however, estimates for
services are noted as shared by the agencies.
- Intake fee up $300.00;
- Individual therapy up to $250.00 per session;
- Group therapy up to $125.00 per session;
- Psychiatric evaluation up to $300.00;
- MAT services up $300.00 per session;
- Intensive Outpatient Treatment up to $200.00 per day;
- Relapse “Tune Up” Weekends up to $425 per day
- Partial Hospitalization up to $300.00 per day;
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- Residential services up to $400.00 per day;
- Withdrawal management up to $500.00 per day
SuppliesSupplies
SuppliesSupplies
Describe the supply costs associated with the proposed project.Describe the supply costs associated with the proposed project.
Travel and TrainingTravel and Training
Travel and TrainingTravel and Training
Describe the travel and training costs associated with the proposed project.Describe the travel and training costs associated with the proposed project.
Indirect CostIndirect Cost
Please upload the documentation that supports your negotiated rate (state and local government rate agreement or general ledger that includes all operating costs for thePlease upload the documentation that supports your negotiated rate (state and local government rate agreement or general ledger that includes all operating costs for the
de minimis rate or to request a negotiated a rate).de minimis rate or to request a negotiated a rate).
Supporting Documentation:
Please upload the certification of indirect cost if you are using the de minimis rate or if you are requesting a negotiated rate from SCAO. (Certificate of Indirect CostPlease upload the certification of indirect cost if you are using the de minimis rate or if you are requesting a negotiated rate from SCAO. (Certificate of Indirect Cost
template can be found above).template can be found above).
Certificate of Indirect (F&A) Costs:
Describe the process for determining your indirect cost including calculations. Describe the process for determining your indirect cost including calculations. Describe all costs that are included in the base for determining the rate.Describe all costs that are included in the base for determining the rate.
Indirect CostIndirect Cost
Total BudgetTotal Budget
Type of SupplyType of Supply ComputationComputation RequestRequest Other Grant or Funding SourcesOther Grant or Funding Sources Local Cash ContributionLocal Cash Contribution Local In-Kind ContributionLocal In-Kind Contribution TotalTotal
No Data for TableNo Data for Table
Type of Travel or TrainingType of Travel or Training ComputationComputation RequestRequest Other Grant or Funding SourcesOther Grant or Funding Sources Local Cash ContributionLocal Cash Contribution Local In-Kind ContributionLocal In-Kind Contribution TotalTotal
No Data for TableNo Data for Table
Type of Indirect CostType of Indirect Cost PercentagePercentage RequestRequest
No Data for TableNo Data for Table
Budget CategoryBudget Category RequestRequest Other Grant or Funding SourcesOther Grant or Funding Sources Local Cash ContributionsLocal Cash Contributions In-Kind ContributionsIn-Kind Contributions Total CostTotal Cost
TotalTotal $31,500.00$31,500.00 $79,000.00$79,000.00 $5,000.00$5,000.00 $0.00$0.00 $115,500.00$115,500.00
5 of 5
Michigan Supreme Court
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
Phone 517-373-0128
Thomas P. Boyd
State Court Administrator
September 20, 2023
Honorable Jeffery Matis, Chief Judge
6th Circuit Court
Courthouse Tower
1200 N. Telegraph Rd.
Pontiac, MI 48341
Re: FY 2024 Edward Byrne Memorial Justice Assistance Grant Award Notification
6th Circuit Court — Hybrid DWI/Drug Court
Assistance Listing Number 16.738
UEI: HZ4EUKDD7AB4
SCAO UI: U10106
Dear Chief Judge Matis:
I am pleased to inform you that your court has been awarded a grant in the amount of
$31,500 from the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) administered
by the State Court Administrative Office (SCAO). This award is for the grant period October 1,
2023, through September 30, 2024. The award is contingent upon SCAO being awarded and
receiving federal grant awards in the full amount requested.
Your court’s FY 2024 subcontract agreement will be e-mailed from DocuSign to your
project director, Mr. Nathanial Gilling. Signed subcontract agreements must be returned by
December 15, 2023. The budget, based on your court’s actual award, must be updated in
WebGrants by November 3, 2023.
Each year we receive grant requests that greatly exceed the total amount spent in the
preceding fiscal year and available funding for awards to courts. However, your grant award
should fully fund your program operations based on recent program spending.
Please also keep in mind that we will continue to consider reallocations
throughout the fiscal year. If you find that additional funding is needed to support your
program during FY 2024, please make a request through the WebGrants system. If you
September 20, 2023
Page 2
are not able to spend all of your grant award, please notify us as soon as possible so that
we may transfer a portion of your grant award to a program with additional need.
The Byrne Justice Assistance Grant assists drug, hybrid, and DWI court programs that
are fully operational and are based on Defining Drug Courts: The Ten Key Components or The
Ten Guiding Principles of DWI Courts. Programs must target prison-bound felony offenders as
identified by straddle or presumptive cell placements according to the Michigan Sentencing
Guidelines. The funding supports drug, hybrid, and DWI courts to promote public safety and
contribute to a reduction in substance abuse and recidivism among nonviolent prison-bound adult
substance abusing offenders, reduce reliance on incarceration within existing correctional
systems and local jails, and establish monitoring and evaluation measures that will demonstrate
program effectiveness.
The Michigan Supreme Court and SCAO greatly appreciate your efforts and
passion for these life-saving court programs. Thank you for making a positive difference
in so many lives.
If you have any questions about the grant or need assistance regarding best
practices, please contact Andrew Smith at 517-373-0954 or at
smitha@courts.mi.gov. For assistance in publicizing the success of your court, please
contact John Nevin at 517-373-0129 or nevinj@courts.mi.gov.
Sincerely,
Thomas P. Boyd
State Court Administrator
cc: Honorable Phyllis C. McMillen
Andrew Smith, Problem-Solving Courts Manager
Michele Muscat, SCAO Region VI Administrator
Richard Lynch Court Administrator
Nathanial Gilling, Project Director
STATE COURT ADMINISTRATIVE OFFICE
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
Subcontract Agreement
Between
SCAO
Federal I.D. Number: 38-6000134
and
GRANTEE: 6th Circuit Court - Hybrid DWI/Drug Court
Federal I.D. Number: 38-6004876
Contract Number: 32105
Grant Amount: $31,500
SCAO Unique Identifier: U10106
Project Title: Byrne Justice Assistance Grant Program
Assistance Listing Number Title: The Edward Byrne Memorial Justice Assistance Grant
Program
Assistance Listing Number: 16.738
Unique Entity Identifier (UEI): HZ4EUKDD7AB4
Federal Agency Name: U.S. Department of Justice, Bureau of Justice
Federal Grant Administered by: Michigan State Police
Federal Grant Award Number: JAG-72159-SCAO-2024
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 “Byrne JAG” refers to the Edward Byrne Memorial Justice Assistance
Grant Program, which is the subject of this Agreement.
1.03 The term “Confidential Information” means confidential and/or Proprietary
Information belonging to the SCAO which is disclosed to the Grantee or which the Grantee
otherwise learns of during the course of or as the direct or indirect result of rendering its Services
for the SCAO. Confidential or Proprietary Information is information not generally known to third
parties or to others who could obtain economic value from their disclosure or use of the
information. This includes all proprietary technical, financial, or other information owned by
SCAO or any of its vendors, including by way of illustration, but not limitation, computerized
data, codes, programs and software, written material, inventions, whether or not patented or
DocuSign Envelope ID: 518B49E2-4483-4CAA-BB0B-7E197040D8D4
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.
1.04 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.
1.05 The term “Employee Benefits” means any and all employee benefits the SCAO
provides to its employees, including, but not limited to, workers’ compensation, retirement,
pension, insurance, fringe, educational training, holiday/sick/vacation pay benefits, or any other
similar benefits.
1.06 The term “Grant Amount” is the amount specified as “Grant Amount” on the first
page of this Agreement and includes any increases or reductions under Section 27.
1.07 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.
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 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 includes allowable program costs as articulated in WebGrants. 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 agrees to provide to the SCAO under this Agreement, as described in
DocuSign Envelope ID: 518B49E2-4483-4CAA-BB0B-7E197040D8D4
the Scope of Services, Scope of Work, and all descriptions of services in any attachments and
amendments to the Agreement.
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 Agreement. 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
the 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 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 Provider under this Agreement and amendments thereto.
2. PERIOD OF AGREEMENT
2.01 This Agreement covers Services rendered beginning on October 1, 2023, and
ending on September 30, 2024, unless an exception is explicitly granted by the SCAO.
3. GRANT AMOUNT CONTINGENCIES
3.01 The SCAO agrees to provide reimbursement-based funding in an amount not to
exceed the Grant Amount, conditioned upon the SCAO’s actual receipt of the award. If the Grant
Amount is reduced or eliminated, or if the SCAO does not receive sufficient funding, 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 subrecipient of the Grantee is an employee of the SCAO. The Grantee is an
independent contractor, not 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.
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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 subrecipients 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.
7. CHANGE IN GRANTEE CONTACT
7.01 The Grantee must submit a contract amendment through WebGrants, 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. SCOPE OF SERVICES
8.01 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.
9. STATEMENT OF WORK
9.01 The Grantee agrees to undertake, perform, and complete the Services described in
their approved grant application. 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.
10. RIGHTS TO WORK PRODUCT
10.01 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.
10.02 All written or visual Work Product created solely by the Provider is exclusively
owned by the Provider and is subject to copyright or patent only by the Provider.
10.03 All written or visual Work Product produced under this Agreement with funds
provided by the grant from SCAO shall belong to and will be owned by SCAO and SCAO shall
have the right to obtain from the Provider original materials produced under this Agreement and
shall have the right to distribute those materials.
10.04 The SCAO grants the Provider a royalty-free, nonexclusive license to use any Work
Product that is not Confidential or Proprietary as defined in this Agreement if the Work Product.
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However, the Provider shall not publish or distribute any Work Product relating to the services
provided under this Agreement without the prior written permission of the SCAO.
10.05 The Provider shall safeguard the Provider’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.
11. PUBLICATION RIGHTS
11.01 The Grantee shall give proper recognition to the Michigan State Police (MSP), the
State Court Administrative Office (SCAO), and the Department of Justice (DOJ), in any and all
publications, papers, and presentations arising from the program (including subrecipients) herein
by placing the following disclaimer on any and all publications, papers, and presentations:
“This project was supported by Byrne JAG # 15PBJA-22-GG-00642-MUMU
awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S.
Department of Justice (DOJ), and administered by the Michigan State Police
(MSP) and State Court Administrative Office (SCAO). Points of view or opinions
contained within this document do not necessarily represent the official position or
policies of the DOJ, MSP, or SCAO."
11.02 The MSP and the SCAO shall, in return, give recognition to the Grantee and/or
subrecipient when applicable. Where activities supported by this Agreement produce books,
videos, films, or other such copyrightable materials issued by the Grantee or subrecipient, the
Grantee or subrecipient may copyright such but shall acknowledge that the MSP and the SCAO
reserve a royalty-free, nonexclusive and irrevocable license to reproduce, publish and use such
materials and to authorize others to reproduce and use such materials. The copyright will not
include service recipient information or personal identification data, which is considered
Confidential Information. Any copyrighted materials or modifications bearing the
acknowledgment of the SCAO and/or MSP name must be approved by the SCAO and MSP prior
to reproduction and use of such materials.
12. WRITTEN DISCLOSURE
12.01 The Grantee shall promptly disclose in writing to the SCAO all Pre-existing
Inventions, Patented and/or Copyrighted Materials used to provide Services under this Agreement.
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 Work Product 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 Pre-existing 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
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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 1 related to this Agreement so
that the SCAO can meet its reporting requirements with the Byrne Justice Assistance Grant (Byrne
JAG).
14.02 Further, for each participant who is screened or accepted into the Byrne JAG 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 (DCCMIS).
14.03 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 41 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 Byrne JAG 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.
15.02 The Grantee shall make reasonable efforts to bill and collect first- and third-party
fees, where applicable, and report them as outlined above. The Grantee will not be reimbursed for
any items for which Grantee fails to bill and/or fails to attempt to collect.
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 The DOJ regulations allow the Grantee to keep funds (program income) derived
from grant Services, as long as these funds are used for the same purposes as the grant project. In
the absence of such regulations, these funds would be required to be returned to the DOJ. Program
income is the gross income earned by the Grantee during the Agreement period as a direct result
of the grant project’s Services. All income generated as a direct result of an SCAO-funded project
shall be deemed program income. Program income may be used to further program objectives
under this Agreement or may be refunded to the SCAO. Program income may only be used for
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allowable program costs as articulated in WebGrants. DOJ regulations require that program
income be held in the custody of a governmental entity, with reporting on those funds to the state
administrative agency (here, the SCAO). The Grantee must report any and all generated program
income to the SCAO on a quarterly basis in order for the SCAO to comply with the Byrne JAG
reporting and tracking requirements. For any program not earning program income, the Grantee
must fill out and submit through WebGrants a Program Income Waiver/Verification by January
10th of the current fiscal year.
15.06 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.
15.07 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. Costs from
one fiscal year cannot be paid in a subsequent fiscal year.
15.08 Any unobligated balance of funds held by the Grantee at the end of the Agreement
period must be returned to the SCAO or treated in accordance with instructions provided by the
DOJ.
15.09 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 and 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).
15.10 The Grantee is aware that this is a reimbursement-based grant.
15.11 The Grantee’s Expenses are eligible for reimbursement only if the Grantee
incurred the Expenses during the time period that this Agreement is effective. The Grantee’s
Expenses are eligible for reimbursement only after the Grantee has paid the Expenses.
Consumable expenses, such as drug tests, are eligible for reimbursement only if the item can
reasonably be consumed (and the Grantee incurred the expense) during the time period that this
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 supplied in WebGrants.
16.02 The Grantee shall notify the SCAO immediately as set forth in Section 7 of this
Agreement when a grant-funded employee (including employees of subrecipients):
• becomes disabled or deceased while assigned to a grant-funded position,
• is removed or reassigned from a grant-funded position; and/or,
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• 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) for a period of not less
than four years from the date of grant closure or until any pending litigation and/or audit findings
have been resolved. 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.
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 by law. The SCAO and/or the
Byrne JAG and/or an outside team hired by either, 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, (including subrecipients), if requested. The Grantee shall
work cooperatively with the monitoring, audit and/or evaluation team to permit full review of the
program. 2 CFR 200.332(5) requires that the subrecipient permit the pass-through entity and
auditors to have access to the subrecipient’s records and financial statements as necessary for the
pass-through entity to meet the requirements of 2 CFR 200.332, and the Grantee agrees to require
its subrecipients to abide by these regulations.
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 41 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 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.
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20. MEDICAL INFORMATION
20.01 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, 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. HUMAN SUBJECTS
21.01 The Grantee agrees that prior to the initiation of research, the Grantee will submit
to the SCAO’s Institutional Review Board (IRB) application material for all research involving
human subjects conducted in programs sponsored by the SCAO or in programs which receive
funding from or through the State of Michigan, to a federally assured IRB, as well as to the SCAO,
for review and approval.
22. AUDITS
22.01 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. Unless the audit
submission has been uploaded to the Michigan Department of Treasury
website, 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.
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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.
23. SUBRECIPIENT MONITORING
23.01 The Grantee is solely responsible for monitoring its subrecipients and will submit
copies of all executed subcontracts from subrecipients through WebGrants 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.
23.02 Before any Services are rendered by subrecipients, the Grantee must obtain a
written subcontract executed by all affected Parties.
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23.03 The Grantee’s subcontracts with subrecipients shall require the subrecipients to
comply with all applicable terms of this Agreement, including all Byrne JAG Assurances and
Certifications (Attachment 2) incorporated into this Agreement. The Grantee shall provide all
subrecipients with a copy of this Agreement and a copy of the Certifications and Assurances
(Attachment 2).
23.04 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.
23.05 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.
24. SOFTWARE COMPLIANCE
24.01 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.
25. NOTIFICATION OF CRIMINAL OR ADMINISTRATIVE INVESTIGATIONS
25.01 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 41
of this Agreement.
26. BYRNE JAG LOCAL FUNDING
26.01 The Grantee (and all subrecipients) must apply for any and all direct Byrne JAG
funding from the DOJ for which it is eligible. Failure to submit the application is reason for
termination of this Agreement.
27. INCREASES AND REDUCTIONS IN GRANT AMOUNT
27.01 When Grantee cannot spend some or all allocated grant funds, the funds should be
reallocated to other courts who can spend them. This ensures that the 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 27.05.
Therefore, the Grantee agrees to provide all financial claims on the schedule outlined in
Attachment 1. Failure of the Grantee to submit all financial claims by their due dates will
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jeopardize Grantee’s grant funding and subject the Grantee to the procedures set forth in Section
27.05 below.
27.02 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.
27.03 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.
27.04 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.
27.05 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 27.05(B), all notices will be sent as provided in
Section 41 of this Contract.
27.06 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.
27.07 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 obligations under the Contract will remain in effect until Grantee fully complies.
27.08 Section 27 survives termination of this Contract.
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28. SUSPENSION OR TERMINATION OF CONTRACT
28.01 In addition to the other provisions set forth in Section 27, the SCAO and/or the
Grantee may immediately reduce the project budget, or 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/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 submits false certification or falsifies any other report or
document required hereunder.
D. If the Grantee is charged with or convicted of any activity referenced in
Section 25 of this Agreement during the term of this Agreement or any
extension thereof.
E. If funding for this Agreement 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 14 is at least 45 days late.
28.02 If the SCAO terminates this Contract under Section 28, with the exception of
termination stated in Section 28.01(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.
29. FINAL REPORTING UPON TERMINATION
29.01 Each party has the right to terminate this Agreement with or without cause subject
to the conditions below. If the Grantee is the party attempting to terminate the Agreement, the
Grantee must notify the SCAO in writing of such termination as provided in the notice provisions
of this Agreement. The Grantee’s obligations under the Agreement cannot be terminated by
Grantee, 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 the Agreement will not be terminated until Grantee has met all grant reporting
requirements as determined by the SCAO.
29.02 If this Agreement is terminated, 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.
30. SEVERABILITY
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30.01 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.
31. LIABILITY
31.01 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.
31.02 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.
31.03 The SCAO is not responsible for Liabilities and Expenses that result from the
Grantee’s or Grantees’ agents’ performance, nonperformance, or property.
31.04 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.
32. MICHIGAN LAW
32.01 This Agreement shall be subject to, and shall be enforced and construed under, the
laws of Michigan.
33. DEBT TO STATE OF MICHIGAN
33.01 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.
34. DISPUTES
34.01 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 41 of this Agreement.
35. CONFLICT OF INTEREST
35.01 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
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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.
36. COMPLIANCE WITH APPLICABLE LAWS AND AGREEMENTS
36.01 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, as well as the
terms of the Agreement between the Byrne JAG and the SCAO (Byrne JAG Agreement). The
SCAO shall supply the Grantee with a copy of the Byrne JAG Agreement.
37. AMENDMENTS
37.01 Except as provided in Subsections 27.05 and 37.02, the parties may amend this
Agreement only in writing signed by both parties.
37.02 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 numbers.
38. ENTIRE AGREEMENT
38.01 This Agreement 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. SCAO Grant Assurances (in WebGrants),
C. Allowable/disallowable expense list (in WebGrants),
D. Conditions on Expenses (in WebGrants),
E. Approved grant budget (in WebGrants), and
F. The Byrne JAG Certifications and Assurances (see Attachment 2).
39. PROGRAM CERTIFICATION
39.01 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 Agreement.
40. PROGRAM REVIEW OR CERTIFICATION SITE VISIT
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40.01 The SCAO may review the Grantee’s performance 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.
41. DELIVERY OF NOTICE
41.01 Unless otherwise specified in this Agreement, 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:
41.02 The Grantee’s contact person is
Nathanial Gilling
6th Circuit Court
Courthouse Tower
1200 N. Telegraph Rd.
Pontiac, MI 48341
gillingn@oakgov.com
41.03 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
42. NONDISCRIMINATION
42.01 During the performance of this Agreement, the Grantee agrees—
a. To comply with all 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 Federal non-discrimination law or regulation, as set forth in Appendix
B of 49 CFR part 2 herein.
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c. To permit access to its books, records, accounts, other sources of
information, and its facilities as required by the Bureau of Justice Assistance
and Byrne JAG.
d. That, in the event a Grantee fails to comply with any nondiscrimination
provisions in this Agreement, the Bureau of Justice Assistance and Byrne
JAG will have the right to impose such Agreement sanctions as it determine
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.
43. GRANTEE’S AUTHORIZING OFFICIAL
43.01 The Grantee’s “Authorizing Official” is the individual who signs this Agreement.
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 Agreement. 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 Agreement on behalf of the Grantee.
43.02 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.
The remainder of this page is intentionally left blank.
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SIGNATURES OF PARTIES
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT PROGRAM
CONTRACT NUMBER: 32105
44. SIGNATURE OF PARTIES
44.01 This Agreement is not effective unless signed by both Parties.
44.02 The signatures on this Agreement are electronic through the DocuSign system.
44.03 The DocuSign system requires an agent of the Grantee to send this Agreement to
the Grantee’s Authorizing Official for the Authorizing Official’s review and signature. Selecting
the dropdown below confirms that the Agreement can be sent to the Grantee’s Authorizing Official
for signature.
44.04 The DocuSign system requires an agent of the SCAO to send this Agreement to the
Deputy State Court Administrator for review and signature. Selecting the dropdown below
confirms that the Agreement can be sent to the Deputy State Court Administrator for signature.
6th Circuit Court State Court Administrative Office
Hybrid DWI/Drug Court
________________________________ _____________________________________
Authorizing Official’s Signature SCAO Official’s Signature
________________________________ _____________________________________
Authorizing Official’s Name SCAO’s 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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Attachment 1
BYRNE JUSTICE ASSISTANCE GRANT (BYRNE JAG)
FY 2024 REPORTING REQUIREMENTS
October 1, 2023, through September 30, 2024
PROGRAM REPORT DUE DATES
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.
July 10, 2024 Courts will be reporting on progress made during April 1, 2024,
through June 30, 2024.
October 10, 2024 Courts will be reporting on progress made during July 1, 2024, through
September 30, 2024.
PROGRAM INCOME REPORT DUE DATES
January 10, 2024 Courts will be reporting on income collected October 1, 2023, through
December 31, 2023.
April 10, 2024 Courts will be reporting on income collected January 1, 2024, through
March 31, 2024.
July 10, 2024 Courts will be reporting on income collected April 1, 2024, through
June 30, 2024.
October 10, 2024 Courts will be reporting on income collected July 1, 2024, through
September 30, 2024.
FINANCIAL CLAIM REPORTS DUE DATES
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 on expenditures from April 1, 2024, through
June 30, 2024.
October 10, 2024* Courts will be reporting on expenditures from July 1, 2024, through
September 30, 2024.
PROGRAM INCOME VERIFICATION DUE DATE
January 10, 2024 Courts will be verifying whether program income is collected.
OFFICE OF CIVIL RIGHTS CERTIFICATION DUE DATE
January 10, 2024 Courts will be reporting that personnel and all subrecipients completed
the Office of Civil Rights training.
EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATION DUE
DATE
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January 10, 2024 Courts will report on their EEOP plan and/or submit their certification
pursuant to 28 CFR 42.301 et seq.
DCCMIS USER AUDIT DUE DATE
January 31, 2024 Courts will be confirming user access to DCCMIS.
WEGRANTS USER AUDIT DUE DATE
January 31, 2024 Courts will be confirming user access to WebGrants.
DCCMIS DATA EXCEPTION REPORT DUE DATES
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.
*When the due date of the fourth-quarter claim is on a weekend, the new due date will be the Thursday before that
weekend.
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Certifications and Assurances:
These Certifications and Assurances are applicable to the Applicant and all subcontractors of the
Applicant. It is the Applicant’s responsibility to ensure that subcontractors are adhering to the
Certifications and Assurances. Failure to do so may result in termination of grant funding or other
remedies.
A. Certifications:
Applicants should refer to the regulations cited below to determine the certification to which they are
required to attest. Acceptance of this Agreement provides for compliance with certification
requirements under 28 C.F.R. Part 69, "New Restrictions on Lobbying," 28 C.F.R. Part 67,
"Government-wide Debarment and Suspension (Non-procurement),” and 28 C.F.R. Part 83,
“Government-wide Requirements for Drug-Free Workplace (Grants)."
B. Lobbying:
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 C.F.R. Part 69, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 28 C.F.R. P art
69, the Applicant certifies that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the making of any federal grant, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal grant or cooperative agreement;
2. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal grant or cooperative agreement, the Applicant shall complete and
submit federal Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions; and,
3. The Applicant shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose
accordingly.
C. Debarment, Suspension and Other Responsibility Matters (Direct Recipient):
Pursuant to Executive Order 12549, Debarment and Suspension, and implemented at 2 C.F.R. Part
2867, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 2867,
Section 2867.20(a):
1. The Applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of federal benefits by a state or federal court, or voluntarily
excluded from covered transactions by any federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Have not within a two-year period preceding this application been convicted of a felony
criminal violation under any Federal law, unless such felony criminal conviction has been
disclosed in writing to the Office of Justice Programs (OJP) at
ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has
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received a specific written determ ination from OJP that neither suspension nor
debarment of the applicant is necessary to protect the interests of the Michigan State
Police (MSP) and U.S. Government in this case.
d. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and,
e. Have not within a three-year period preceding this application had one or more public
transactions (federal, state or local) terminated for cause or default.
D. Federal Taxes:
If the applicant is a corporation, the applicant certifies that either (1) the corporation has no unpaid
federal tax liability that has been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability, or (2) the corporation has provided
written notice of such an unpaid tax liability (or liabilities) to OJP at
ojpcompliancereporting@usdoj.gov, and after such disclosure, the applicant has received a specific
written determination from OJP that neither suspension nor debarment of the applicant is necessary
to protect the interests of the MSP and U.S. Government in this case.
E. Drug-Free Workplace:
1. As required by the Drug-Free Workplace Act of 1988, and implemented at 28 C.F.R. Part 83,
Subpart F, as defined at 28 C.F.R. Sections 83.620 and 83.650 the Applicant certifies that it
will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the Applicant’s
workplace and specifying the actions that will be taken against employees for violation
of such prohibition;
b. Establishing an on-going drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The Applicant's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation and employee assistance
programs; and,
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a) of this section.
d. Notifying the employee in the statement required by paragraph (a) of this section that,
as a condition of employment under the grant, the employee will:
i. Abide by the terms of the statement; and,
ii. Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after
such conviction.
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d) (ii) of this section from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide notice,
including position title, to: Department of Justice, Office of Justice Programs, Attn:
Control Desk, 810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the
identification number(s) of each affected grant.
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f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(ii) of this section, with respect to any employee who is so convicted:
i. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or,
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local
health, law enforcement or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of subparagraphs (a), (b), (c), (d), (e), and (f) above.
F. Standard Assurances:
The Applicant hereby assures and certifies compliance with all applicable federal statutes,
regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-
110, A-122, A-133; Executive Order 12372 (intergovernmental review of federal programs); and, 28
C.F.R. Parts 66 or 70 (administrative requirements for grants and cooperative agreements). The
Applicant also specifically assures and certifies that:
1. It has the legal authority to apply for federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay any required non-federal share of project
cost) to ensure proper planning, management and completion of the project described in this
application.
2. It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain.
3. It will give the awarding agency or the Government Accountability Office, through any
authorized representative, access to and the right to examine all paper or electronic records
related to the financial assistance. It will comply with all lawful requirements imposed by the
awarding agency, specifically including any applicable regulations, such as 28 C.F.R. Parts
18, 22, 23, 30, 35, 38, 42, 61 and 63, and the award term in 2 C.F.R. § 175.15(b).
4. It will assist the awarding agency, if necessary, in assuring compliance with section 106 of
the National Historic Preservation Act of 1966, 16 U.S.C. § 470, Executive Order 11593
(identification and protection of historic properties), the Archeological and Historical
Preservation Act of 1974, 16 U.S.C. § 469 a-1 et seq., and the National Environmental Policy
Act of 1969, 42 U.S.C. § 4321.
5. It will comply with Executive Order 13279, Executive Order 13559, and US Department of
Justice (DOJ) regulations on the Equal Treatment for Faith-Based Organizations, 28 C.F.R.
Part 38, which prohibits recipients from using DOJ financial assistance on inherently or
explicitly religious activities and from discriminating in the delivery of services on the basis of
religion. Programs and activities must be carefully structured to ensure that DOJ financial
assistance is not being used for literature, classes, meetings, counseling sessions, or other
activities that support twelve-step programs, which are considered to be religious in nature.
The twelve-step programs must take place at a separate time or location from the activities
supported with DOJ financial assistance and the participation of beneficiaries in twelve -step
programs is strictly voluntary. It must make clear to any and all vendors and program
participants that twelve-step programming is separate and distinct from DOJ-funded
activities. It must also ensure that participants are not compelled to participate in twelve-step
programs and cannot penalize a participant who chooses not to participate in a twelve-step
program. It must ensure that employees fully funded by DOJ are not involved with twelve-
step programs whereby they are instructing or indoctrinating clients on the twelve steps.
Employees of the Applicant or subcontractor shall clearly document the number of hours
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spent on secular activities associated with the DOJ-funded program and ensure that time
spent on twelve-step programs is completely separate from time spent on permissible secular
activities. In addition, at least one secular program must be provided as an alternative to
twelve-step programming.
6. It will provide meaningful access to grant-funded programs and activities to Limited English
Proficient (LEP) persons in accordance with Title VI of the Civil Rights Act of 1964 and the
Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C § 3789d. For a detailed
discussion of the requirement to provide meaningful access to LEP persons, refer to the
guidance issued by the DOJ on this matter entitled, “Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting
Limited English Proficient Persons,” 67 FR 4155-01 (June 18, 2002).
7. It will comply and require any and all subcontractors to comply with any applicable statutorily-
imposed nondiscrimination requirements, including the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U.S.C. § 3789d; the Victims of Crime Act of 1984, 42 U.S.C. §
10604(e); the Juvenile Justice and Delinquency Prevention Act of 2002, 42 U.S.C. §
5672(b);the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.; the DOJ implementing
regulations at 28 C.F.R. Part 42, Subpart C; the DOJ implementing regulations at 28 C.F.R.
Part 42, Subpart D; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); the DOJ
implementing regulations at 28 C.F.R. Part 42, Subpart G; Title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. § 12132); the DOJ implementing regulations at 28 C.F.R.
Part 35; the Rehabilitation Act of 1973, 29 U.S.C. § 794; the Americans with Disabilities Act of
1990, 42 U.S.C. § 12131-34; Title IX of the Education Amendments of 1972, 20 U.S.C.
§§1681, 1683, 1685-86; and, the Age Discrimination Act of 1975, 42 U.S.C. §§ 6101-07; The
DOJ regulations on the Equal Treatment for Faith-Based Organizations, 28 C.F.R. Part 38;
The Michigan Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq.; and the Michigan Persons
With Disabilities Civil Rights Act, MCL 37.1101 et seq.
Training:
Any and all DOJ-funded employees of the Applicant and subcontractors shall receive periodic
training at least once every contract year regarding the responsibility of the entities to comply
with applicable federal civil rights laws as a recipient of federal funds. The MSP shall provide
the Applicant with access to training developed by the OJP and the US Office of Civil Rights
(OCR), which may be found at: https://www.ojp.gov/about/ocr/ocr-training-videos/video-ocr-
training.htm and is also located in the MAGIC+ system. The DOJ-funded employees of the
Applicant shall complete the required training within 90 days of the start date of this
Agreement and certify that the required training has been completed by signing the OCR
Compliance Training Form, which will be provided after award acceptance. New employees
shall complete the required training and provide a signed OCR Compliance Training Form to
the MSP within 90 days of the date of hire.
8. It shall determine if an Equal Employment Opportunity Plan (EEOP) is required, pursuant to
28 C.F.R. 42.301 et seq. If the Applicant is not required to formulate an EEOP, a certification
form shall be sent to the OJP/OCR, and the Office of Personnel Management (OPM)
indicating that an EEOP is not required. If the Applicant is required to develop an EEOP, but
is not required to submit the EEOP to the OCR, a certification form shall be sent to the OCR
and the MSP certifying that an EEOP is on file which meets the applicable requirements. If
the Applicant is awarded a grant of $500,000 or more, and has 50 or more employees, a
copy of the EEOP shall be submitted to the OJP/OCR and OPM. Non-profit organizations,
Indian Tribes, and medical and educational institutions are exempt from the EEOP
requirement, but are required to submit a certification form to the OCR to claim the exemption
(a copy of the form shall be submitted to the OPM). Additional information about the EEOP
requirements may be found at https://www.ojp.gov/about/ocr/eeop.htm.
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9. If the Applicant is a governmental entity:
a. It will comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisitions Policies Act of 1970, 42 U.S.C. § 4601 et seq., which governs the
treatment of persons displaced as a result of federal and federally-assisted programs;
and,
b. It will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-26, 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 federal
assistance.
10. It shall comply with the requirements of Title 8, United States Code, Section 1373 (Section
1373), which addresses the exchange of information regarding citizenship and immigration
status among federal, state, and local government entities and officials. Subsection (a)
prevents federal, state and local government entities and officials from “prohibit[ing] or in any
way restrict[ing]” government officials or entities from sending to, or receiving from, federal
immigration officers information concerning an individual’s citizenship or immigration status.
Subsection (b) provides that no person or agency may “prohibit, or in any way restrict,” a
federal, state, or local government entity from (1) sending to, or requesting or receiving from,
federal immigration officers information regarding an individual’s immigration status, (2)
maintaining such information, or (3) exchanging such information with any other federal,
state, or local government entity. Section 1373 does not impose on states and localities the
affirmative obligation to collect information from private individuals regarding their immigration
status, nor does it require that states and localities take specific actions upon obtaining such
information. Rather, the statute prohibits government entities and officials from taking action
to prohibit or in any way restrict the maintenance or intergovernmental exchange of such
information, including through written or unwritten policies or practices. Your personnel must
be informed that notwithstanding any state or local policies to the contrary, federal law does
not allow any government entity or official to prohibit the sending or receiving of information
about an individual’s citizenship or immigration status with any federal, state or local
government entity and officials.
G. Non-Supplanting:
It is imperative that the Applicant understand that the nonsupplanting requirement mandates that
grant funds may be used only to supplement (increase) an Applicant’s budget, and may not
supplant (replace) state, local or tribal funds that an Applicant, inclusive of any subcontractors,
otherwise would have spent on positions and/or any other items approved in the Grant Budget if it
had not received a grant award.
This means that if your agency plans to:
1. Hire new positions (including filling existing vacancies that are no longer funded in your
agency’s budget), it must hire these additional positions on or after the official grant award
start date, above its current budgeted (funded) level of positions.
2. Rehire personnel who have already been laid off (at the time of application) as a result of
state, local, or tribal budget cuts, it must rehire the personnel on or after the official grant
award start date, and maintain documentation showing the date(s) that the positions were
laid off and rehired.
3. Maintain personnel who are (at the time of application) currently scheduled to be laid off on a
future date as a result of state, local or tribal budget cuts, it must continue to fund the
personnel with its own funds from the grant award start date until the date of the scheduled
lay-off (e.g., if the grant award start date is July 1 and the lay-off is scheduled for October 1,
then the grant funds may not be used to fund the officers until October 1, the date of the
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scheduled layoff), and maintain documentation showing the date(s) and reason(s) for the lay -
off. [Please note that as long as your agency can document the date that the lay-off(s) would
occur if the grant funds were not available, it may transfer the personnel to the grant funding
on or immediately after the date of the lay-off without formally completing the administrative
steps associated with a lay-off for each individual personnel.]
4. Documentation that may be used to prove that scheduled lay -offs are occurring for local
economic reasons that are unrelated to the availability of grant funds may include (but are not
limited to) council or departmental meeting minutes, memoranda, notices, or orders
discussing the lay-offs; notices provided to the individual personnel regarding the date(s) of
the layoffs; and/or budget documents ordering departmental and/or jurisdiction-wide budget
cuts. These records must be maintained with your agency’s grant records.
H. Hatch Political Activity Act and Intergovernmental Personnel Act:
The Applicant will comply with the Hatch Act of 1939, 5 U.S.C. 1501-08, and the Intergovernmental
Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act of 1978, 42 U.S.C.
4728. Federal funds cannot be used for partisan political purposes of any kind by any person or
organization involved in the administration of federally-assisted programs.
I. Health Insurance Portability and Accountability Act of 1996:
To the extent that the Health Insurance Portability and Accountability Act (HIPAA) of 1996 is
pertinent to the services that the Applicant provides to the MSP under this Agreement, the Applicant
assures that it is in compliance with the HIPAA requirements including the following:
1. Applicant must not share any protected health data and information provided by the MSP that
falls within the HIPAA requirements except to a subcontractor, as appropriate under this
Agreement.
2. Applicant must require the subcontractor not to share any protected health data and
information from the MSP that falls under the HIPAA requirements in the terms and
conditions of the subcontract.
3. Applicant must only use the protected health data and information for the purposes of this
Agreement.
4. Applicant must have written policies and procedures addressing the use of protected health
data and information that falls under the HIPAA requirements. The policies and procedures
must meet all applicable federal and state requirements including the HIPAA regulations.
These policies and procedures must include restricting access to the protected health data
and information by the Applicant’s employees.
5. Applicant must have a policy and procedure to report to the MSP unauthorized use or
disclosure of protected health data and information that falls under the HIPAA requirements
of which the Applicant becomes aware.
6. In accordance with the HIPAA requirements, the Applicant is liable for any claim, loss or
damage relating to unauthorized use or disclosure of protected health data and information
received by the Applicant from the MSP or any other source.
J. Uniform Crime Reporting (UCR) Compliance:
Applicants, and all subcontractors, must comply with Michigan Public Act 319 of 1968, as amended.
This law requires county sheriff’s departments, as well as city, village, and township police
departments to submit monthly UCR data to the Michigan Department of State Police.
K. Local Byrne JAG Application Requirement
Applicants, and any subcontractors, which appear on the current federal FY JAG Allocations List
are required to have submitted a Byrne JAG application to the Department of Justice in order to be
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eligible for this state Byrne JAG funding. Applicants which are eligible for direct Byrne JAG awards,
and which fail to apply, will not be eligible for funding under this program.
L. Unallowable Expenses and Activities:
• All travel including first class or out-of-state travel (unless pre-authorized under certain program
areas).
• Any administrative costs not directly related to the administration of this grant award.
• Any expenses incurred prior to the date of the contract.
• Compensation to federal employees for travel or consulting fees.
• Construction costs and/or renovation (including remodeling).
• Contributions and donations.
• Costs in applying for this grant (e.g., consultants, grant writers, etc.).
• Expert witness fees.
• Fines and penalties.
• Food, refreshments, and snacks.
o Note: No funding can be used to purchase food and/or beverages for any meeting, conference,
training, or other event. Exceptions to this restriction may be made only in cases where such
sustenance is not otherwise available (e.g., extremely remote areas), or where a special presentation
at a conference requires a plenary address where there is no other time for sustenance to be attained.
Such an exception would require prior approval from the Department and the U.S. Department of
Justice. This restriction does not apply to water provided at no cost, but does apply to any and all other
refreshments, regardless of the size or nature of the meeting. Additionally, this restriction does not
impact direct payment of per diem amounts to individuals in a travel status under your organization’s
travel policy.
• Fund raising and any salaries or expenses associated with it.
• Honorariums.
• Informant fees, rewards, or buy money.
• K9 dogs and horses (including any food and/or supplies relating to the upkeep of law
enforcement animals).
• Legal fees.
• Livescan devices for applicant prints, including any related supplies.
• Lobbying or advocacy for particular legislative or administrative reform.
• Losses from uncollectible bad debts.
• Management or administrative training, conferences (only pre-approved project related training).
• Management studies or research and development (costs related to evaluation are permitted).
• Memberships and agency dues, unless a specific requirement of the project (prior approval
required).
• Military type equipment such as armored vehicles, explosive devices, and other items typically
associated with the military arsenal.
• One-time events, prizes, entertainment (e.g., tours, excursions, amusement parks, sporting
events) (unless pre-authorized under certain program areas).
• Personnel, including law enforcement officers, not connected to the project for which you are
applying.
• Promotional items (unless pre-authorized under certain program areas).
• Purchase of land.
• Purchase of vehicles, vessels, or aircraft.
• Service contracts and training beyond the expiration of the grant award.
• Weapons, including tasers.
DocuSign Envelope ID: 518B49E2-4483-4CAA-BB0B-7E197040D8D4