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HomeMy WebLinkAboutResolutions - 2009.07.15 - 9783July 15, 2009 MISCELLANEOUS RESOLUTION #09138 BY Public Services Committee, Jeff Potter, Chairperson IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS — MICHIGAN DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FY 2010 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan offers funding to local communities under PA 511 and WHEREAS this funding is targeted to divert non-violent offenders from prison into local jail or sentencing alternatives; and WHEREAS Oakland County has been receiving Community Corrections funds since 1994. and WHEREAS the appltation has been completed and is reouesting funding in the amount of 53.806.197 for plans and services and probation residential services; and WHEREAS the grant application seeks full-time funding for positions 7425, 7426, 7428, 7429. 7432, 7433. 9243 : 9247. 9291, 9295. 9648, 9649; .5 of full-time positions 7834 & 9396, and PTNE position 9292 within the Community Corrections Division; and WHEREAS the grant application seeks full-time funding for positions 7419, 7420, 7418, 7421. and PINE funding for positions 7417 & 9397 within the Sheriff's Department: and WHEREAS any programs created through these funds become part of the County s Comprehensive Community Corrections Plan : and WHEREAS PA 511 of 1988 requires hat the "County Board or Boards of Commissioners of the County shall approve the proposed comprehensive plan prepared by their advisory ooard." NOW THEREFORE BE IT RESOLVED that the application to request $3.806,197 from the State Office of Community Corrections for the purpose of continuing programs contained within the Office of Community Corrections FY 10 grant application for offenders who meet PA 511 eligibility is hereby approved. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the proposed comprehensive plan prepared by the Community Corrections Advisory Board. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Service, Committee Vote: Motion carried unanimously on a roll call vote with Runestad absent GRANT REVIEW SIGN OFF — Community Corrections GRANT NAME: FY 2010 Community Corrections Comprehensive Plan and Application FUNDING AGENCY: Michigan Department of Corrections DEPARTMENT CONTACT PERSON: Barb Hanky 248 451-2306 STATUS: Application — Resolution required DATE: June 18, 2009 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned Milt materials and grant application package (which should include an application Report from Fiscal Services to the Chairperson of the Board of Commissioners', the grant application, and this Sign Off email containing grant review comments) may be submitted to the Chairperson of the Board of Commissioners for review-and sipature,with informational copies to..the appropriate Board of Commissioners' committee(s). DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (611512009) Department of "Inman Resources: Approved. — Cathy Shallal (611512009) Risk Management and Safety: Approved. — Andrea Plotkowski (6/16/2009) Corporation Counsel: After reviewing this grant application, there appear to be no unresolved legal issues that require action at this time. — Karen Agacinsld (6117/2009) • MICHIGAN DEPARTMENT OF CORRECTIONS "Expecting Excellence Every Day" Planning and Community Development Administration Office of Community Corrections Comprehensive Community Corrections Plan and Application Fiscal Year 2010 CCAB Name: Oakland County Email the application to: and Send one copy of the application to: MDOC-OCC©michigan.gov DEPARTMEN COfit-EC; i IONS Planning and Community Development Administration Office of Community Corrections Grandview Plaza Building, 1st Floor P.O. Box 30003 Lansing, Michigan 48909 Due Date: June 1,2009 Note: Counties with multi-year contracts are required to complete Section 1, Introduction, and a new Comprehensive Plans and Services Program Description Plan for any program proposed to be changed. 48328 Oakland County Barbara M. Henke IttleLlManaaer 248451 23O 451 231q ne Number: ax Number: Lexie Van Pelt Julie Shin 2100 pcntiec Lake Rd Dept 409 Waterford Tttle:IFinancial Ann Ir;t Phone Number.I248 MA 1247 Ix Number 1248 S58 11)6F MI 1200 N. Telegraph Bldg 1 2 Pontiac MI 48328 15. Type of Community Corrections Board: cu n-i City/County City Regional 6. Units cf Government Represented: Oakland County Ann Russell David Molloy - Novi Rucy Nichols Phyllis McMillen 1-Jun-C9 28-May-09 Juy 16, 2009 County Commissioner Helaine Zack SECTION 1 INTRODUCTION A. General Information 1. Name of CCAB Contact Person Address City State 2. Fiscal Agent Contact Person Address C;ty State Zp 3. Federal I.D. Number CCAB Chairperson: Address C.t State Zio 7. Date of Submission: 8. Date Application Approved by CCAB: 9. Date Application Approved by Government Unit: B. CCAB Membership Representing LCounty Sheriff Chief of Police LCircult Court Judge I-District Court Judge Name Probate Court Judge Rebecca Schnetz Service Areas Cnristina Nichols / Sarah Wace County Prosecutor Criminal Defense Business Community Communications Media Circuit/District Court Probation Officer General Public Jack Holmes Mona DeFranciso Fran Anderson Cheryl Braxton Fred Meste7 yomi Milrinary 1. 3riefly summarize the key points of the Community Corrections Comprehensive Plan and provide an explanation of how the state prison commitment rate will De reduced and/or how the use of the local jail will be improved as a result of the implementation of toe plan. Information i7.cluded shall provide a clear understanding of loca issues, long and short term goals, loca priorities, and strategies to address local issues and the State Community Corrections Board Priorities. Excel mainta•n a 1200 cara.cler tm.it pe!- cell. Once you have entered 1200 characters 'wrap text" wiJI not work. Use 'Alt Enter to create d ret•Jrn for yox. tax:. Aud.ticrai Cells nave been provided for this question in order to avoid the 1200 character rmitation. Thks isa continuation plan of programs that we have had for several yeas. However many of the projected enrollment numbers have been decreased. The reason behind the decreases is realty twofold: First over the past year there has been a reduction in the number of staff covered under tne grant, 6 in total and the remaining staff can not maintian the same workload. Second, we continue to refine our criteria and targeting techn:ques. While the overall numbers might be lower, we are being more effective. Reducing the recidivism and returns on 'v'OPs with a smaller number of clients is better than not doing anything with a whole bunch of clients. We also contin]e to remain focused on bringing Evidenced Based Practices into ail of our programs. The COMPAS is currently used to determine a sentenced cjent's risk & needs, and soon a risk assessment specificaly designed for the pretrial population will be completed as we:I. These assessments tow us more accuratley determine the most appropriate course of treatment and supervision. Once age;fl using these assessment too :s wit help us focus on those offenCers that present a moderate amount of risk to the community and can be safely manages with the community. They also help us to determine who present too much risk, and may require incarceration as well as those who are of the lowest risk ard require no further intervention. SECTION II ANALYSIS & STRATEGIC PLAN A. INTRODUCTION AND INSTRUCTIONS FOR STRATEGIC PLAN • Strategic Issues, Goals, and Priorities have been established by the Office of Community Corrections in accordance with Public Act 511 and State Board priorities. CCABs will be required to establish Key Objectives and Strategies based upon OMNI Felony Disposition, JPIS, CCIS and local data that will support these Goals and Priorities. Strategic Issues are identified as Felony Dispositions, Jail Utilization and Local Priorities. Strategies such as "continuum of sanctions/services" and "public education" may be appropriate to support your objectives. For example, to support the objective of reduced prison commitment of probation violators a strategy might be to improve knowledge and understanding by stakeholders of principles of risk and need and the importance of appropriate matching of offenders to programs. OCC will provide the CCABs with OMNI Felony Disposition and JPIS data. CCABs are to analyze this data along with local CCIS data and develop Key Objectives and supporting Strategies that will provide for the attainment of Goals and Priorities established by the State Board and OCC, as well as local objectives and priorities promoted in the comprehensive plan. Example: For the Strategic Issue of Felony Dispositions, consider the stated Goal and Priority outlined in the application and eomplete_an analvels,of your county's orise vided by OCC. Establish objectives related to prison commitment rates. For example: 1. Reduce PV commitment rate to 25% 2. Reduce Straddle rate to 35% 3. This will result in an overall PCR of 22% Under "Strategies,' outline in bullet form those steps to be taken, including continuing, new and revised programs, new initiatives, and revised policies or practices, that will support the attainment of the objectives you have specified. Identify if these are "new", 'continuation," "modification," or for short term (this fiscal year) or long term implementation. For Example: 1. Develop policy for 4structured sentencing' that allows straddle cell offenders and probation violators to serve jail time with jail based programming, followed by Residential Services or intensive supervision with continuation of programming in the community. (New, FY 08) 2. Initiate a jail and community based Cognitive Behavioral Treatment program that targets higher risk/need straddle cell and probation violators. (New, FY 08) 3. Improve communication and sharing of information with stakeholders and referral sources so they are more knowledgeable and comfortable with available programs and principles of risk/need. (New, FY 08) 4. Reduce number of pretrial and misdemeanant offenders in jail so additional straddle cell offenders and probation violators can be housed and treated in the county jail. (Long term) 5. Target Straddles and Probation Violators for Residential Services. (Modification) Page 1 1. Felony Disposition Analysis (Note: Multi County CCABs are to complete an analysis for each county.) Strategic Issue: Felony Dispositions Public Act 511 of 1988 stipulates that counties shall develop a community corrections comprehensive plan and provide an explanation of how the county or count:es prison commitment rate wil be reduced by diverting non-violent offenders, and promote recidivism reduction while public safe...y is maintained, The Act is intended to encourage the participation in community corrections programs of offenders who would like'y be sentenced to imprisonment in a state correctional facility or jail, who would not increase the risk to GOAL: Reduced demand for prison resources and related budgetary requirements. PRIORITY: Reduce prison commitment of offenders who can be safely and effectively sanctioned and treated in the community by following the principles of effective intervention (risk, need, responsivity). Using OMNI Felony Disposition data supplied by OCC for Calendar Year 2006 and 2007 provide an analysis of felony dispositions in your county(s) and how local policies, Practices and programs are having an impact. iincluoe information on the "offender target population' and "offender eligibility criteria" that identify offenders suitable for community corrections programs which have been approved by your local unit of government; and how available sanctions and services as well as the IVIDOC Special Alternative to Incarceration program, electronic monitoring program for probationers and the County Jail Reimbursement Program, will be utilized to sus sort our local ob'ectives and •riorities. Consider such issues as increase/decrease in the total number of felony dispositions, changes in law enforcement, prosecutorial or judicial practices, trends in prison commitment rates, in general and for specific SGL categories, and offender characteristics. Note: Attach a copy of your local definition of "pattern of violence" and general "offender eligibility criteria" that have been approved OMNI data reflects that Oakland County's prison commitment rate (PCR) decreased from 22.3% in both CY06 and CY07 to 19.5% in CY06. The county's PCR is now almost equal to the statewide rate of 19.4%. There were 252 fewer prison dispositions in CY 2008 than in CY 2007 which acounts for the 2.8% drop in the FOR. However there were also 280 less (4% change) in total felony dispositons from CYC7 to CY08. The County's SGL N/A (22.5%) and straddle cell (31.4%) rates are both lower than the statewide averages of 29.4% and 33.4% respectively, they are in fact lower than the county's CY05 levels. CY08 OMNI data snows that of the 530 straddle cell prison dispostions, 366 (31.5%) of them were in Group 2 which is significantly lower than the 619 (34.2%) of CY07. Of the 366 from Group 2, 145 (40%) of them were not under MDOC supervision. Of the 220 SGL N/A prison dispositions, 95 (43%) were from Group 2, with 76 (80%) of them not under MDOC supervision. Last year Oakland did request additional information on intermediate sanction cell technical probaton violators that resulted in prison in order to target this population. Our efforts seem to have paid off, as this rate fell from 20.3% to 14.1%, which was 21 less prison dispositons. Over all, the intermediate sanction cell PRC was decreased by .8% or 26 bodies. even though there were 100 more dispositions over CY07. It should be noted that Oakland did increase the number of CJRP reimeursernents from 50.3% to 53.2% despite a decrease of eligible offenders of 76. The OUIL III intermediate PRC was targeted last year and did show a drop of 2%. Overal: the PCR for OUIL Ills was decreased from 27,5% to 19.5% once again despite an increase of 63 OUIL III offenders over CYC7. Page 2 a. Key Objective(s): Note: Use numbered outline format. Example: Reduce PV commitment rate to 28%. , Objective # Objective To maintain the PCR at no more than the statewide average 1 To decrease the PCR for straddle cell Group 2 offenders not under MDOC supervision from 40% to 35% 2 Decrease the PV techn.cal PRC from 24.2% to 20% 3 4 ..... 5 b. Strategies: Note: Include all current or modified polices/practices/programs that support reduced prison commitment rates as well as new initiatives using numbered outline format. Example: Promote repeated commitments to residential services for probation violators rather than using incremental sanctions such as jail and prison (tvlodification, FY 08). Strategy # Strategy Continue to have supervisors review any cases in which the agent recommendation involves prison. 1 To expand the number of offenders on which a COrv1PAS is completed prior to sentenoing 2 Continue to promote the use of COMPAS as part of the PSI and encourage EB sentenclrg for stradde cell 3 offenders (particularly for those with Grol,p 2 offenses not under MDOC supervision). ,Promote tne use of the PEP program in lieu of jail for the PV techs, 4 5 Page 3 c. Assessment; Note: Using JRS, OMN:. CCIS and local data as appropriate, briefly explain how you will assess the attainment of your objectives: including how frequently you will measure your objectives, e.g., monthly, quarterly, etc. IJGtOIini Irse 'aet:n O'c ;;I:1•CI CiRt101 The OMNI reports vvii: be our main scuTbe of data to determine how we are doing in attaining our goals. Goasl will be monitored on a quarterly bass. as that is generally now often OMNI reports are released. Other goals and objectives wit be measured through program Ltilization and completion rates, specifically the flumber of COMPAS reports completed through the Central Intake and Assessment Unit (CIAU), Page 4 0 yes C. Jail Utilization Analysis (Note: Multi County COABs are to complete an analysis for each county.) 1 . In CY 2007, how many times did the County declare an official Jail Overcrowding State of Emergency per Public Act 325 of 1082: Does you: county submit JPIS data ane do the quarterly reports reflect the actual jail utilization? 2. if no, when will the data be Submitted and/or whet steps have been initiated to reso!ve any discrepane.es? It sheu'e be noted tnat the JPIS reoort reflects that Oakland County has boarded out inmates. Oakland Cooty does not board our any inmates, rather these are indviduals who are stiil technicalar 'in custody" but are on a writ of at the Forensic center. 3. Provide an analysis of local jail utilization using the JPIS data (if avaiIable) including the average daily populations, lengths of stay as well as the policies and practices (i.e.. bed allocation plans. earned credits, and status of any jail overcrowding task forces) of local stakeholders that influence population distributions. The JPIS report shows the rated ADP for FY 08 is 1808, however by July of 2008 the Sheriff had czsed facilites and the bed count was 1752. a loss of 76 beds. Even with the loss of beds we did not decare overcrowding a single time in 2008. This Is mostly due to the revisions to the Emergency Crowding Act which allows counties to release inmates when they reach 95% of capacity. Under the Act Oakland released approximately 3,300 inmates either early or with amendments to their bond. The JPIS data shows a significant decrease (1,075) in the numoer of offenders on record from CY07 to CY08. hie in turn nas lead to a reduction in the overall ADP from 2,017 to 1,979. Unfortunately the reductions in ADP were miniimizeo by the increases to the LOS. The LOS for all groups of sentenced offenders increased once again this year. The-biggest increase to-Lt.:Mow-to: ;n-tne-folons senteraecrd eftor-adminsion-category a.lthien-aediticoo; 2-.-9-idayeAace.,ever-th:s ceuln, be reflective — of keeping higher straddle cells locally and thereDy recieveing longer jai terms. The number of misdemeanor decreased by 625 which could be refective of less police officers on the street and not making as many arrests. Once agian however the LOS for the misdemeanor population rose those sentenced prior to (.7%) and after admisson ( 1.3%). Offenders sentenced after admission ccntinue to recieve sentences that are double thee, . rariorrwi ht, r+ffrand-larq whn ono contonrcui nrinr fin prim inasinn The OWLS population continues to be a significant problem alttouga the number of offenders on record for t.1 -1s charge did drop by 249 from CY07 to C"108. Once aga:n this is probably due more to less officers on the street rather than our targeting strategies, While Oakland did aid in passing 2 pieces of legislation that addressed OWLS drivers, we failed miserably in our efforts to provide programming options for this population. Rather than single out charges or particular groups of offeridesr for reduction, we are going to work toward jail placement driven by risk. The pretrial risk assessment and our plans to use the COMPAS on a larger pool of offenders gives us a start in this direction. As part of a jail management plan we woud ;ike to set an acceptable level of risk that all offenders entering the jail would have to meet. Discussions towards this goal are underway, but may not be opening accepted by all parties. Considering we have never under taken a project of this magnatude, nor have we ever measured the risk of offenders, we have no idea what if any impact this project might have on the jail population, 4. Clearly Ceseribe any prances of your beat community menial health agency and law enforcement for reducing jail admissions and/or length of stay of mentally ill offenders. The Oakland County Jai; and Community Mental Health have developed a jail diversion program which has has 2 components. The first is a pre book oiversion which is an option open to the police officers prior to making an arrest. It centers around a training curriculm for officers to recognize and deal with mental illness. Identifying mental illness is the first step in diverting offenders. If an officer chooses to divert a defendant they are taken to Common Ground wnich conducts all the MH screenings for CMH. If the defendant qualifies for services the officer enters into an agreement with the deft. where no charges will be filed in the person agrees to enter treatment. The agreement is sent to the nail rasion for tracking purposes. If after 30 days the defendant has not engaged in treatment the arresting officer is notified and charges may De filed. The second component is a post book program called Jail Alliance with Support (JAWS). If an offender is booked into the jail who 5. Provide a brief explanation detailing how the local jurisdiction plans to use the county jail reimbursement program to house offenders in jail who woulc otherwise be sentenced to prison. The eligibility criteria for our in ja I cognitive behavioral program is straddle cell offenders with PRVs greater than 35. Using this criteria has allowed us to keep more of these offenders locally and use it to our advantage under the CJRP. The LESP currently has 3 groups running to meet demand. Page 1 Utilization as percentage of Rated Design Capacity. County Rated Design Capacity 6. Clearly desonbe any focal practices or procedures intended to intprove upon offender reentry - the transition process from jail to the community whether release is at the pretrial, presentence, or post-sentence stage. Induce efforts that are meant to better prepare offenders for successful reintegration such as: estabilshed community linkages to address housing, employment_ healthcare, family and other issues; assessment of crimincgeris nskineeds transition planning including intiatiation of treatment and social service interventions. etc. While not forma4 referreo to as such, Oakland County has been providing jail re-entry services for a number of years. One of the purposes of a Pond repor: and recommerdation :s to address barriers of returning to court and or engaging in Mega behavior while on bond. Conditions of bond and supervision are used to mitigate these barriers and assist the defendant with any issues she/he may be experiencing. It has long been the role of the supervision casemanager to make referrals and linkages to needed services for their clients. lithe offender is in custody she /be will most likely be assisted by an inmate counselor. The jail currenty has 13 of these positons whose main focus is to assist the offenders in their !transition into and out of the jail. Defendants are to have a discharge plan prior to leaving the facility, obviously this doesn't happen for everyone as some are aburotly released or transfered, but a concentrated effort is made for each defendant !offender. All of the programs currently offered with in the jail: LESP and Challenge to Change have requirements for afleroareor discharge plans. Each of these programs deal with issues the identify these issues ;s through the use of the COMPAS risk and need ;nstrument. The COMPAS assessment drives program placement to ensur that offenders are being matches:1 with the appropriate treatment / supervision services. The COMPAS assessment is used by Step Forward to fashion an ind;viduaized case plan that addresses the identified crirnencgenic risk and needs, These risks are addressed tit -lough goals set in conjLction with the offender. Many of the groups offered through Step Forward were ceveloped to target sperfic criminogenic factors. In additi 7. Strategic Issue Jail Utilization Jail resources should be prioritized for use by individuals convicted of crimes against persons and/or offenders who present a higher risk of recidivism. Local comprehensive community corrections plans should reduce the demand for jail beds by diverting non-violent and lower-risk offenders, promote recidivism reduction while maintaining public safety, and reduce jail overcrowding. PI Goal: Operate local jails at 90% or less of the rated design capacity which can reduce the costs and liabilities for the county. Priority: Improve jail utilization and reduce need to board inmates in other facilities, avoid releases under tne emergency overcrowding act, maintain jail at or below the rated design capacity. Current Jail Utilization: Note: Regional CCABs should list each county and the rated design capacity (ROC) for each facility. Please refer to JPIS data for detailed informat on Page 2 Strategy Develop a jail management plan Continue to provide [Dos with COMPAS information to drive jail placement Strategy # 2 3 4 a. Key Oblectivels): Note: Please refer to the rest recent JPI5 data while establishing objectives to improve jail utilization. The objectives should be supported by the data. Example: Rethice LOS of sentenced misdemeanants by 10 days. Objective # ! Objective Lower the LOS for all sentenced offenders by at least 2 days. 1 Lower the pretrial poluation by 10% through the use of an objective pretrial risk assessment tool 2 3 4 5 1111n11 6. STRATEGIES: Note! Include all current, proposed. or modified policies/practices/programs to improve jail utilization such as sheriffs good time, trustee credits, earned release pacies, etc. Example: Grant additional 5 days credit beyond sheriffs good time for trustees (continuation). Develop and implement the pretrial risk assessment tool t to eliminate unnecessary detention of those that can be safely released Pay for EM for those defendnats who are only in jail because they can not afford the cost of the EM and who meet the pretrial risk assessment guidelines. 5 C. Assessment: Note: Using JPIS, OMN`, CCIS and local data as appropriate, briefly explain how you wit assess the attainment of your objectives including how frequently you wIl measure your objective, e.g., monthly, quarterly, etc. While the JPIS data is a useful tool for yearly comparison and analysis, we use business oDjects as our day to day reporting tool of ti -,e jail populaiton. Emil day I can review the jail population through this database. We will also use in-hcuse databases to track number of COMPAS reports completed. and number of defendants for whom we are paying to be on EM. The development of a jail management plan will be tracked through committee notes/reports and the final document. Dage 3 D. LOCAL PRIORITIES: Presect r',formation relative to any other ,acal priorities, e.g. public education, which have not been identified in the above sections. Cur office has begun discussion wit ri Fe:clware inc. regarding their software Dffeneerlink. Offender l'nk is an automated cal -in reporting system that we plan. to use for our pretrial defendants, The system can be customized to ask any series of question to which the defendant must repiy. Al? responses are recorded. If a person fails too call as scheudle the system wilt attempt to reach that person and remind him! her. The system can a;os be programed to make reminder cals regarding court appearances. Offenderlink allows for sel enrollment by the defendnat, it also includes voice verificaiton, and will be available 24 I 7. The system generates a series of "exception" reports (those who failed to report, reported new arrests, etc) so that those issues may be addressed. The apporximate cost of the system is S20,000 per year for about 400 clients which will be paid for the next 2 years from JAG grant fords. This system wIl allow us to concentrate or. those higher risk pretrial clients through a case manager but still have all ofue rciients report as directed by the courts. We also estimate that the r umber of staff will be alble to be reduced in this unit once the system is fully operational. We anticipate that jail crowding / use of the jail will continue to be an issue 'or the county in FY10. Over the past 18 months the Sheriffs Office has closed I the Boot Camp ard the Southfield facdity, which resulted in a loss of 202 beds. It is anticipated that the Sheet` will also be dosing the Frank Greenan facility by the end of December 2309 which will mean another loss of enotit 100 beds. In antiripaticn of these moves the CJCC formed a subcommittee to . develop a list of projects that would have the most impact or. the jail. The committe chose to pursue the developemnt of a jail managmont plan under the Cmergency Crowding Act Cerrertly we are using the default language which Is helping to manage the populatin but not in the roost effiecent manner. A ajil management plan might inlcute tail driven program placement of ffenders, jail bed allocatons, use of a risk assessment for jail admission, among others. However under the statute a plan requires the agreement of the prosecuting attorney and the representative for the district court judges, this could prove to be problematic. The committee also recommended that case consolidation, including sentencing, be considered. Often offenders will recieve co. .De.v.etopTent_oLthe_ore.triatsisk assessment oontinues to be a main focus of our Ir!_priontes. The RFP was completed and a vedor, Luminosity, was selected in February. By the time the contract were signed and everything was done it was the end of April. The preliminary work (collecting procedure manuls, forms , jail data etc) pegan in early May with (he first site visit scheudled for July. The assessment tool is expected to be completed by Fall 00. Implementation and use of the instrument should begin in concert with FY10. While there has been CRUSCh support from the District Court bench OR this project there has also been some resistance, only time will tell the true impact of this tool. Of course the budget will continue to be a concern In FY10. Our Department, which induces 4 other Divisions, collectively has to cut $300,000 in each of the next preceeding 3 years. As all disoreaticnary funding has already been cut, this can only be accomplished through reductions in staff. Further this was only an initial estimate and may increase as the situation with tie auto cmpanies unfolds. Page 1 D • 1k I • • • • - - • PLANNING AND BUDGET SUMMARY Oakland County 4DING SOURC CLIs PROGRAM - ACCOUNT CATEGORY I, RC-GR)-\\I CODE rEE REVENUES TOTAL MDOC PLANS 5 SERVICE FUNDS LOCAL RECURCES TOTAL FUNDING Community Service Flacemert Work Crew Education Educationai Services Cogritive Change 285.344 Sub Total Sub Total 375.263 89.919 285,344 285,344 375.263 285,344 89,919 Employment & Training Employment & Trair.ng Services Sub Total Intensive Supervision Day Reporting Electronic Monito-ing Mental Health Outpatient Sox Offender Treatment Sub Total Sub Total Pretrial Services Screening/Assessment Supervision Electroric Monitoring 439,448 439,448 F22 F23 F2d 1,357,633 133,254 291,158 133,264 424,422 56,657 93.465 5§,657 150,122 Sub Total 32.808 29,369 1.932,177 Substance Abuse Testing Outpatient Treatment Cognitive Treatment 94,241 94,241 94,241 G17 G18 G15 Sub Total 94.241 94,241 94,241 Case Management Screening/Assessment Jail-Based/Case Management Community Case Management Sub Total 36.467 122 12.3 124 234.17,91 189.693 44,398 8,931 95,893 95.893 269,050 104,1 34 373,184 460,593 833,777 400,410 113.065 513,475 1,163.761 650.286 Other Sub Total 3.585 442 ccike Administration Personnel Contractual Services Equipment Suopises Travel Training Board Expenses Public Education Other 71.6" 71,515 99,083 25,569 25.689 25,669 1,000 Sub Total Totals 101,385 Millahlfftll nPZINNIK1vmabitwearsmowirxiIimi Rleer D MICHIGAN DEPARTMENT OF cORRECTIQM FIELD OPERATIONS ADMIN RATION - DIDJHP BUDGET SUMMARY Oakland County FY 1:11:141RP Assessment & Treatment Services In Jail Housing/5 Day Assessme:1 Residential Services Total DDJRP Funding 207,306 207.306 H20-01 67,208 67,2013 346.750 346,750 621.1 t",1 nOd [MIAMI [MTV rniaR 207,306 87,208 346.750 R91 7R 4 MISCELLANEOUS RESOLUTION #09- BY Public Services Committees, Jeff Potter. Chairperson IN RE: COMMUNITY CORRECTIONS - USER NOTICE AND WARNING, AND LICENSE AND USE INTERGOVERNMENTAL AGREEMENT FOR THE C*STAR DATABASE — SOUTHFIELD 46TH, PONTIAC 50TH AND ROCHESTER HILLS 52-3 DISTRICT COURTS To the Oakiana County Board of Commissioners Chairperson, Ladies anc Gentlemen: WHEREAS the Community Correction Division In conjunction with the Department of Information Technology have created a database called C*Star and, WHEREAS C*Star was created to track information on offenders wh. - • • •... • • er paid for by the Community Corrections Divisior and; • • WHEREAS this information may include, but is not limited to, program enrollment, participation, client / offence!: progress, demographics, and criminal history and; WHEREAS some of this information is considered confidential and restricted by la.w and; WHEREAS this information may be useful to other criminal justice agencies, such as the Michigan Department of Corrections, Field Operations and District Court P!-obation in the creation of sentencing reccrnmendations and/or in determining compliance with conditions of probation and; WHEREAS other criminal justice agencies would be able to access this database through the Oak Source portal and; WHEREAS the sharing of this information with other agencies requires a policy as to the access, use, and distribution of this information and; Whereas Community Corrections and Information Technology, with the assistance of Corporation Counsel , nave developed a License and Use intergovernmental Agreement and; WHEREAS the Southfield 46th, Pontiac 50th and Rochester Hills 52-3 District Courts have requested access to the information contained in C*Star, and: WHEREAS the snaring of Information that is useful to criminal justice agencies increases the public safety and improves the effectiveness of criminal justice programs and: WHEREAS the citlens of Oakland County will benefit from this collaboration and: WHEREAS 1967 PA 7_ being MCL 124.501 et. seq., authorizes the Board of Commissioners to enter into written agreements with other governmental entities to perform services jointly or to snare resources.: NOW THEREFORE BE IT RESOLVED that tine Board of Commissioners approves the attached intergovernmental aareernent authorizing the use of the C*StaLsoftware....a.nd gAtanlpy, the Southfield 46th, Pontiac 50th and Rochester Hills 52-3 District Courts. BE IT FURTHER RESOLVED hat the Board Chairperson is authorized to execute the Agreement on behalf of Oakland County and thereby accept and bind Oakland County to the terms and conditions of the Agreement. Chairperson, on behalf of the Public Services Committee, I move tne adoption of the foregoing resolution. Copy of Intergovernmental Agreement between the County cf Oakland and the Southfield 46th, Pontiac 50th and Rochester Hills 52-3 District Courts are on file in County Clerk's office, I ITC! Lir . UUr d EFUETaTELFI: PUBLIC SERVICES COMMITTEE Intergovernmental Agreement and License For Use of C Star Software Between The County of Oakland and 46th District Court This Intergovernmental Agreement (Agreement) is made between the County of Oakland. a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the 46th District Court, with offices at 26000 Evergreen, Southfield, Michigan 48037. Li this Aueement, the County and the 46th District Court may be referred to individually as "Party" al-jointly as "Parties." In consideration of the mutual promises, obligations, representations and assurances in this Contract, the Parties agree as follows: 1. Purpose of Agreement Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County and the 46th District Court enter into this Agreement for the purpose of making data owned and maintained by the County, on or in relation to its C Star Software System, available to the 46th District Court, for the purposes and uses set forth in this Agreement. 2. Definitions 2.1. "Oakland County" and "the 46th District Court" shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, officers, committees, employees, agents, subcontractors, volunteers and/or any such persons' successors. 2.2. "C Star Software (C Star)" means the comprehensive electronic infomiation management system software and operating system, developed, owned and maintained by the County, and managed by the Department of Community Corrections, with the assistance of the Department of Information Technology. C Star was developed to create an electronic source of information about those accused of and/or convicted of a crime and under the jurisdiction of the Sixth Judicial Circuit Court of the State of Michigan or a Judicial District Court located in Oakland County. C Star makes data on criminal defendants immediately available to Community Corrections and any other authorized users, solely for the performance of their statutorily prescribed or otherwise authorized duties. 2.3. "C Star Data (Data)" means any input to or output from C Star. 2.4. "LEIN" means the Law Enforcement Information Network of the State of Draft c star license 7.30.07 1.L Michigan, under the control and management of the Michigan Department of State Police, whose existence, operation and use rights are statutorily controlled. 3. Terms License and Use of C Star. The County is the owner of C-Star and host and steward of the Data maintained there. The County has authority to grant a license for use of C Star and to permit access to the Data contained therein, subject to the provisions set forth in this Agreement. The County retains all decision-making authority regarding data inclusion, data access, and use, except as otherwise required by statute, court rule, court order or case law. The 46th District Court specifically disclaims any ownership rights in or to C Star or its Data. 3.2. The County grants the 46th District Court a read only license to use C Star software to access and use C Star Data, solely to carry out 46th District Court's official functions and legal duties. This license prohibits the 46th District Court from adding Data to C Star, modifying C-Star Data in any way or providing access to C-Star or its Data for any purpose other than for its official criminal justice duties. 3.3, Duration. This Agreement and any subsequent Amendments shall be effective for two years from the date of execution by the Oakland County Board of Commissioners. 3.4. This Agreement prohibits the copying, downloading, or any combination or recombination of Data with data from any other source. 3.5. The 46th District Court shall not sell, distribute or disseminate Data to other governmental or private entities. The 46th District Court shall refer any entities requesting access to C Star or its Data to the County. 3.6. 'The 46th District Court shall not copy, duplicate, or reverse engineer C Star. 3.7. Upon execution of this Agreement, the 46th District Court will provide Community Corrections with the name, job title, and an executed acceptable use policy statement for each person who will access C Star and its Data, in writing. The 46th District Court is responsible for updating this information annually for all employees who have continuing access to C Star. If the 46th District Court wishes to grant additional employees access, the 46th District Court shall promptly provide the required information about the person(s) to the County, in writing. 3.8. The 46th District Court 's employees and agents, if found to be using C Star or its Data for inappropriate purposes, will be disciplined for any such violation according to the 46th District Court 's policy used if a similar violation occurred using any other systems, whether automated and manual. 2007-0278 C Star draft intergovemmemal agreement 3.9. The County retains the right to monitor use of C Star and its Data remotely through the Department of Information Technology and through site visits. 3,10. The 46th District Court specifically agrees that C Star and its Data shall be used only for criminal justice purposes and information will be accessed and used only to the extent and only for the purposes that the 46th District Court is authorized to access and use such Data pursuant to statute, court rule, court order, case law, or administrative rule, including, but not limited to, any applicable LEIN rules. 3.11. The 46th District Court shall enforce the terms and conditions in C Star's Sign- On Notice and Warning and its own "Acceptable Use Policies." 3.12. The 46th District Court shall require any and all of its consultants, contractors and/or subcontractors who require access to C Star and its Data to execute a written agreement by which the consultants, contractors andior subcontractors agree: 3.12.1. To be bound by the terms and conditions of this Agreement; 3.12.2, To refrain from using C Star and its Data for any purpose except those authorized by the 46th District Court in relation to the performance of its official duties. 3.11 Fees. There are no fees for access to and use of C-Star pursuant to the terms and conditions of this Agreement. However, the 46th District Court assumes all responsibility, including any costs of or for providing and maintaining any infrastructure, connectivity, hardware or equipment necessary for the 46th District Court to access C Star and its Data. 3.14. Termination. Either Party may terminate this Agreement on seven (7) days written notice for any reason including failure by the 46th District Court to provide adequate security to protect C Star and its Data from unauthorized access or use by any unauthorized individual or Third Party or other failure to comply with the terms and conditions of this Agreement or any requirement established by statute, court rule, court order, administrative order, or case law, 3.14.1. Upon termination or expiration of this Agreement, the 46th District Court shall stop using C-Star for any reason. If any C-Star Data exists in or on any of the 46th District Court computers, storage devices, data bases, the 46th District Court shall delete all C-Star Data. 3.14.2. Upon termination or expiration of this Agreement, County will remove any usernarnes and passwords assigned to the 46th District Court. 3.14.3. Provisions regarding the use and/or retention of C Star and Data shall survive termination and/or expiration of this Agreement, and applies to 2007-0278 C Star draft intere;overnmental agreement copies of C Star and Data located at or identified as in the possession of the 46th District Court and/or its consultants, contractors or subcontractors after the date of termination and/or expiration. 3.15. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between the County (including any of its employees) and the 46th District Court (including any of its employees.) 3.16. No Indemnification. Each Party shall be responsible for the acts and/or omissions of its agents and/or employees. Nothing in this Agreement shall be construed as creating an obligation to indemnify or defend the other for any claim, damage or liability arising out of or stemming from the use of C Star permitted pursuant to this Agreement. Nothing in this Agreement shall be construed as a waiver of governmental immunity. 3.17 NO WARRANTIES. C STAR IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY SORT. THE COUNTY DOES NOT REPRESENT THAT C STAR WILL BE ERROR FREE, OR OPERATE ACCORDING TO ANY STANDARDS OF SPECIFICATIONS OF THE 46th District Court C STAR WAS CREATED FOR THE BENEFIT OF THE COUNTY AND MAINTENANCE, UPDATES, UPGRADES OR ENHANCEMENTS SHALL BE SOLELY AT THE COUNTY'S DISCRETION AND UNDERTAKEN SOLELY FOR THE BENEFIT OF THE COUNTY. THE 46th District Court ACKNOWLEDGES LHAT ANY CHANGES TO THE SYSTEM TO C STAR THAT MAY BENEFIT THE COUNTY MAY DLM1N1SH C STAR'S UTILITY TO THE 46th District Court. 3.18. THE 46th District Court SHALL ASSUME ALL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH ANY UPGRADES TO ITS OWN INFRASTRUCTURE, HARDWARE, CONNECTIVITY OR OTHER OPERATING SOFTWARE THAT MAY BE NEEDED IN THE FUTURE IN ORDER TO CONTINUE USING C-STAR. 3.19. NO WARRANTY OF DATA ACCURACY. WHILE THE COUNTY MAKES EVERY EFFORT TO INCLUDE ONLY ACCURATE AND CURRENT DATA iN C STAR, THE COUNTY SPECIFICALLY DISCLAIMS ANY INTENTION OR ABILITY TO ENSURE THAT THE DATA IS ERROR FREE. THE COUNTY SPECIFICALLY DISCLAIMS THAT C STAR DATA CAN PROVIDE THE SAME AMOUNT OF INFORMATION OR SERVE THE SAME FUNCTIONS AS LEIN DATA. 3.20. The 46th District Court acknowledges and agrees that C Star and its Data are provided AS Is, without any warranty of any type whatsoever, including any warranty of merchantability or for use for a particular purpose. 2007-0278 C Star draft intergovernmental agreement 3.21. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation andlor itny other right in favor of any other person or entity. 3.22. Reservation of Rights. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. 3.23. Agreement Modifications or Amendments, Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.24. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supersedes all other Agreements between the Parties governing the matters described here. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. 3.25. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained here. For The County of Oakland: By: Date: Print Name and Title: For By: Date: Print Name and Tit! 2007-0278 C Star draft intergovernmental agreement Intergovernmental Agreement and License For Use of C Star Software Between The County of Oakland and 50th District Court This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the 50th District Court, with offices at 70 N. Saginaw Street, Pontiac, Michigan 48342, In this Agreement, the County and the 50th District Court may be referred to individually as "Party" or jointly as "Parties." In consideration of the mutual promises„ obligations, representations and assurances in this Contract, the Parties agree as follows: 1. Purpose of Agreement Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the County and the 50th District Court enter into this Agreement for the purpose of making data owned and maintained by the County, on or in relation to its C Star Software System, available to the 50th District Court, for the purposes and uses set forth in this Agreement. 2. Definitions 2.1. "Oakland County" and "the 50th District Court shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, officers, committees, employees, agents, subcontractors, volunteers and/or any such persons' successors. 2,2. "C Star Software (C Star)" means the comprehensive electronic information management system software and operating system, developed, owned and maintained by the County, and managed by the Department of Community Corrections, with the assistance of the Department of Information Technology. C Star was developed to create an electronic source of information about those accused of and/or convicted of a crime and under the jurisdiction of the Sixth Judicial Circuit Court of the State of Michigan or a Judicial District Court located in Oakland County. C Star makes data on criminal defendants immediately available to Community Corrections and any other authorized users, solely for the performance of their statutorily prescribed or otherwise authorized duties. 2.3. "C Star Data (Data)" means any input to or output from C Star. 2.4. "LEIN' means the Law Enforcement Inforination Network of the State of Draft c star license 7.30.07 1.1. Michigan. under the control and management of the Michigan Department of State Police, whose existence, operation and use rights are statutorily controlled. 3. Terms 3.1, License and Use of C Star. The County is the owner of C-Star and host and steward of the Data maintained there, The County has authority to grant a license for use of C Star and to permit access to the Data contained therein, subject to the provisions set forth in this Agreement, The County retains all decision-making authority regarding data inclusion, data access, and use, except as otherwise required by statute, court rule, court order or case law. The 500 District Court specifically disclaims any ownership rights in or to C Star or its Data. 3.2, The County grants the 50th District Court a read only license to usc C Star software to access and use C Star Data, solely to carry out 50th District Court's official functions and legal duties. This license prohibits the 50th District Court from adding Data to C Star, modifying C-Star Data in any way or providing access to C-Star or its Data for any purpose other than for its official criminal justice duties. 3.3. Duration. This Agreement and any subsequent Amendments shall be effective for two years from the date of execution by the Oakland County Board of Commissioners. 3.4. This Agreement prohibits the copying, downloading, or any combination or recombination of Data with data from any other source. 3,5. The 50th District Court shall not sell, distribute or disseminate Data to other govenunental or private entities. The 50th District Court shall refer any entities requesting access to C Star or its Data to the County. 3.6. The 50th District Court shall not copy, duplicate, or reverse engineer C Star. 3.7. Upon execution of this Agreement, the 50th District Court will provide Community Corrections with the name, job title, and an executed acceptable use policy statement for each person who will access C Star and its Data, in writing. The 50th District Court is responsible for updating this information annually for all employees who have continuing access to C Star. If the 50th District Court wishes to grant additional employees access, the 50th District Court shall promptly provide the required information about the person(s) to the County, in writing. 3.8. The 50th District Court 's employees and agents, if found to be using C Star or its Data for inappropriate purposes, will be disciplined for any such violation according to the 50th District Court 's policy used if a similar violation occurred using any other systems, whether automated and manual. 2007-0278 C Star draft intergovernmental agreement 3.9. The County retains the right to monitor use of C Star and its Data remotely through the Department of Information Technology and through site visits. 3.10. The 50th District Court specifically agrees that C Star and its Data shall be used only for criminal justice purposes and information will be accessed and used only to the extent and only for the purposes that the 50th District Court is authorized to access and use such Data pursuant to statute, court rule, court order, case law, or administrative rule, including, but not limited to, any applicable LEIN rules, 3.11. The 50th District Court shall enforce the terms and conditions in C Star's Sign- On Notice and Warning and its own "Acceptable Use Policies." 3.12, The 50th District Court shall require any and all of its consultants, contractors andior subcontractors who require access to C Star and its Data to execute a written agreement by which the consultants, contractors and/or subcontractors agree: 3.12.1. To be bound by the terms and conditions of this Agreement; 3.12.2. To refrain from using C Star and its Data for any purpose except those authorized by the 50th District Court in relation to the performance of its official duties. 3,13. Fees. There are no fees for access to and use of C-Star pursuant to the terms and conditions of this Agreement. However, the 50th District Court assumes all responsibility, including any costs of or for providing and maintaining any infrastructure, connectivity, hardware or equipment necessary for the 50th District Court to access C Star and its Data. 3.14. Termination. Either Party may terminate this Agreement on seven (7) days written notice for any reason including failure by the 50th District Court to provide adequate security to protect C Star and its Data from unauthorized access or use by any unauthorized individual or Third Party or other failure to comply with the terms and conditions of this Agreement or any requirement established by statute, court rule, court order, administrative order, or case law, 3.141 Upon termination or expiration of this Agreement, the 50th District Court shall stop using C-Star for any reason. If any C-Star Data exists in or on any of the 50th District Court computers, storage devices, data bases, the 50th District Court shall delete all C-Star Data. 3.14.2. Upon termination or expiration of this Agreement, County will remove any usernames and passwords assigned to the 50th District Court. 3.14.3. Provisions regarding the use andlor retention of C Star and Data shall survive termination and/or expiration of this Agreement. and applies to 2007-0278 C Star draft intelgovrmmental agreement copies of C Star and Data located at or identified as in the possession of the 50th District Court and/or its consultants, contractors or subcontractors after the date of tcnnination and/or expiration. 3.15. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between the County (including any of its employees) and the 50th District Court (including any of its employees.) 3,16. No Indemnification. Each Party shall be responsible for the acts and/or omissions of its agents andior employees. Nothing in this Ageement shall be construed as creating an obligation to indemnify or defend the other for any claim, damage or liability arising out of or stemming from the use of C Star permitted pursuant to this Agreement. Nothing in this Agreement shall be construed as a waiver of governmental immunity. 3.17, NO WARRANTIES. C STAR IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY SORT. THE COUNTY DOES NOT REPRESENT THAT C STAR WILL BE ERROR FREE, OR OPERATE ACCORDING TO ANY STANDARDS OF SPECIFICATIONS OF THE 50th District Court C STAR WAS CREATED FOR THE BENEFIT OF THE COUNTY AND MAINTENANCE, UPDATES, UPGRADES OR ENHANCEMENTS SHALL BE SOLELY AT THE COUNTY'S DISCRETION AND UNDERTAKEN SOLELY FOR THE BENEFIT OF THE COUNTY. THE 50th District Court ACKNOWLEDGES THAT ANY CHANGES TO THE SYSTEM TO C STAR THAT MAY BENEFIT THE COUNTY MAY DIMINISH C STAR'S UTILITY TO THE 50th District Court. 3,18. THE 50th District Court SHALL ASSUME ALL RESPONSMIL,ITY FOR ANY COSTS ASSOCIATED WITH ANY UPGRADES TO ITS OWN INFRASTRUCTURE, HARDWARE, CONNECT WITY OR OTHER OPERATING SOFTWARE THAT MAY BE NEEDED rN THE FUTURE IN ORDER TO CONTINUE USING C-STAR. 1,19. NO WARRANTY OF DATA ACCURACY. WHILE THE COUNTY MAKES EVERY EFFORT TO INCLUDE ONLY ACCURATE AND CURRENT DATA IN C STAR, THE COUNTY SPECIFICALLY DISCLAIMS ANY INTENTION OR ABILITY TO ENSURE THAT THE DATA IS ERROR FREE. THE COUNTY SPECIFICALLY DISCLAIMS THAT C STAR DATA CAN PROVIDE THE SAME AMOUNT OF INFORMATION OR SERVE THE SAME FUNCTIONS AS LEIN DATA. 3.20. The 50th District Court acknowledges and agrees that C Star and its Data are provided AS Is, without any warranty of any type whatsoever, including any warranty of merchantability or for use for a particular purpose. 2007-0278 C Star draft intergovernmental nreement 3.21. No Third Party Beneficiaries. Except as provided for the benefit of the Panics, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation and/or any other right in favor of any other person or entity. Reservation of Rights. This Agreement does not, and is not intended to impair. divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. 3.23. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.24. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supersedes all other Agreements between the Parties governing the matters described here. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. 3.25. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained here. For The County of Oakland: By: Date: Print Name and Title: For By: Date: Prim Name and Title: 2007-0278 C Star draft intergovernmental agreement Intergovernmental Agreement and License For Use of C Star Software Between The County of Oakland and 52-3 District Court This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County) and the 52-3 District Court, with offices at 700 Barclay Circle, Rochester, Michigan 48307. In this Agreement, the County and the 52-3 District Court may be referred to individually as "Party" or jointly as "Parties." In consideration of the mutual promises, obligations, representations and assurances in this Contract, the Parties agree as follows: 1. Purpose of Agreement Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq. the County and the 52-3 District Court enter into this Agreement for the purpose of niaking data owned and maintained by the County, on or in relation to its C Star Software System, available to the 52-3 District Court, for the purposes and uses set forth in this Agreement. 2. Definitions 2.1. "Oakland County" and "the 52-3 District Court shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, officers, committees, employees, agents, subcontractors, volunteers and/or any such persons' successors. 2.2. "C Star Software (C Star)" means the comprehensive electronic information management system software and operating system, developed, owned and maintained by the County, and managed by the Department of Community Corrections, with the assistance of the Department of Information Technology_ C Star was developed to create an electronic source of information about those accused of and/or convicted of a crime and under the jurisdiction of the Sixth Judicial Circuit Court of the State of Michigan or a Judicial District Court located in Oakland County. C Star makes data on criminal defendants immediately available to Community Corrections and any other authorized users, solely for the performance of their statutorily prescribed or otherwise authorized duties. 2.3. "C Star Data (Data)" means any input to or output from C Star. 2.4. "LEIN" means the Law Enforcement Information Network of the State of Draft c star license 7.30.07 1.1. Terms 3.1, Michigan, under the control and management of the Michigan Department of State Police, whose existence, operation and use rights are statutorily controlled. License and Use of C Star. The County is the owner of C-Star and host and steward of the Data maintained there. The County has authority to grant a license for use of C Star and to permit access to the Data contained therein, subject to the provisions set forth in this Agreement. The County retains all decision-making authority regarding data inclusion, data access, and use, except as otherwise required by statute, court rule, court order or case law. The 52-3 District Court specifically disclaims any ownership rights in or to C Star or its Data. 3.2. The County grants the 52-3 District Court a read only license to use C Star software to access and use C Star Data, solely to carry out 50th District Court's official functions and legal duties. This license prohibits the 52-3 District Court from adding Data to C Star, modifying C-Star Data in any way or providing access to C-Star or its Data for any purpose other than for its official criminal justice duties. 3.3. Duration. This Agreement and any subsequent Amendments shall be effective for two years from the date of execution by the Oakland County Board of Commissioners. 3.4. This Agreement prohibits the copying, downloading, or any combination or recombination of Data with data from any other source. 3.5. The 52-3 District Court shall not sell, distribute or disseminate Data to other governmental or private entities. The 52-3 District Court shall refer any entities requesting access to C Star or its Data to the County. 3.6. The 52-3 District Court shall not copy, duplicate, or reverse engineer C Star, 3,7. Upon execution of this Agreement, the 52-3 District Court will provide Community Corrections with the name, job title, and an executed acceptable use policy statement for each person who will access C Star and its Data, in writing. The 52-3 District Court is responsible for updating this information annually for all employees who have continuing access to C Star, If the 52-3 District Court wishes to grant additional employees access, the 52-3 District Court shall promptly provide the required information about the person(s) to the County, in writing. 3.8. The 52-3 District Court 's employees and agents, if found to be using C Star or its Data for inappropriate purposes, will be disciplined for any such violation according to the 52-3 District Court 's policy used if a similar violation occurred using any other systems, whether automated and manual. 2007-0278 C Star draft intergovernmental agreement 3.9. The County retains the right to monitor use of C Star and its Data remotely through the Department of Information Technology and through site visits. 3.10. The 52-3 District Court specifically agrees that C Star and its Data shall be used only for criminal justice purposes and information will be accessed and used only to the extent and only for the purposes that the 52-3 District Court is authorized to access and use such Data pursuant to statute, court rule, court order, case law, or administrative rule, including, but not limited to, any applicable LEIN rules. 3. 1 1. The 52-3 District Court shall enforce the terms and conditions in C Star's Sign- On Notice and Warning and its own "Acceptable Use Policies." 3.12. The 52-3 District Court shall require any and all of its consultants, contractors and/or subcontractors who require access to C Star and its Data to execute a written agreement by which the consultants, contractors and/or subcontractors agree: 3.12.1. To be bound by the terms and conditions of this Agreement; 112.2. To refrain from using C Star and its Data for any purpose except those authorized by the 52-3 District Court in relation to the performance of its official duties. 3.13. Fees. There are no fees for access to and use of C-Star pursuant to the terms and conditions of this Agreement. However, the 52-3 District Court assumes all responsibility, tncluding any costs of or for providing and maintaining any infrastructure, connectivity, hardware or equipment necessary for the 52-3 District Court to access C Star and its Data. 3.14. Termination. Either Party may terminate this Agreement on seven (7) days written notice for any reason including failure by the 52-3 District Court to provide adequate security to protect C Star and its Data from unauthorized access or use by any unauthorized individual or Third Party or other failure to comply with the terms and conditions of this Agreement or any requirement established by statute, court rule, court order, administrative order, or case law. 3.14.1. Upon termination or expiration of this Agreement, the 52-3 District Court shall stop using C-Star for any reason. If any C-Star Data exists in or on any of the 52-3 District Court computers, storage devices, data bases, the 52-3 District Court shall delete all C-Star Data. 3.14.2. Upon termination or expiration of this Agreement, County will remove any usemames and passwords assigned to the 52-3 District Court. 3.14.3. Provisions regarding the use and/or retention of C Star and Data shall survive termination and/or expiration of this Agreement. and applies to 2007-0275 C Star draft intergovernmental agreement copies of C Star and Data located at or identified as in the possession of the 52-3 District Court and'or its consultants, contractors or subcontractors after the date of termination and/or expiration. 3.15. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between the County (including any of its employees) and the 52-3 District Court (including any of its employees.) 3.16. No Indemnification. Each Party shall be responsible for the acts and/or omissions of its agents and/or employees. Nothing in this Agreement shall be construed as creating an obligation to indemnify or defend the other for any claim, damage or liability arising out of or stemming from the use of C Star permitted pursuant to this Agreement. Nothing in this Agreement shall be construed as a waiver of governmental immunity, 3.17. NO WARRANTIES. C STAR IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY SORT. THE COUNTY DOES NOT REPRESENT THAT C STAR WILL BE ERROR FREE, OR OPERATE ACCORDING TO ANY STANDARDS OF SPECIFICATIONS OF THE 52-3 District Court C STAR WAS CREATED FOR THE BENEFIT OF THE COUNTY AND MAINTENANCE, UPDATES, UPGRADES OR ENHANCEMENTS SHALL BE SOLELY AT THE COUNTY'S DISCRETION AND UNDERTAKEN SOLELY FOR THE BENEFIT OF THE COUNTY. THE 52-3 District Court ACKNOWLEDGES THAT ANY CHANGES TO THE SYSTEM TO C STAR THAT MAY BENEFIT THE COUNTY MAY DIMINISH C STAR'S UTILITY TO THE 52-3 District Court. 3.18. THE 52-3 District Court SHALL ASSUME ALL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH ANY UPGRADES TO ITS OWN INFRASTRUCTURE, HARDWARE, CONNEC I IVII'Y OR OTHER OPERATING SOFTWARE THAT MAY BE NEEDED IN THE FUTURE IN ORDER TO CONTINUE USING C-STAR. 3.19. NO WARRANTY OF DATA ACCURACY. WHILE THE COUNTY MAKES EVERY EFFORT TO INCLUDE ONLY ACCURATE AND CURRENT DATA IN C STAR, THE COUNTY SPECIFICALLY DISCLAIMS ANY INTENTION OR ABILITY TO ENSURE THAT THE DATA IS ERROR FREE. THE COUNTY SPECIFICALLY DISCLAIMS THAT C STAR DATA CAN PROVIDE THE SAME AMOUNT OF INFORMATION OR SERVE THE SAME FUNCTIONS AS LEIN DATA. 3.20. The 52-3 District Court acknowledges and agrees that C Star and its Data are provided AS Is, without any warranty of any type whatsoever, including any warranty of merchantability or for use for a particular purpose. 2007-0278 C Star draft intergovernmental agreement 3.21. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation and/or any other right in favor of any other person or entity. 3.22. Reservation of Rights. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. 3.23. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 3.24. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supersedes all other Agreements between the Parties governing the matters described here. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. 3,25. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained here. For The County of Oakland: By: Date: Print Name and Title: For Date: Print Name and Title: 2007-027g C Star draft intergovernmental agreement :=,,EPORT T -H,E THALRFiRSON, OAKLAND COUNTY 20ARD CT CCXM0NZR.S BY: Fisn.al Services Division :N SHER:FF'S OFFICE, AUTO TREF: PREVENT=3N AUTHCRITY 0:4.AN7 ATFA; - FY 2010 Ga,;N: APEIICAT:ON The Fisca: Services Division has reviewed the above referenced grant application and finds: 1) ThLs is the twenty-fourth :24th) year of the gran: application with the Yicnigan Department of Deportment of State Folice - Automobile Theft Prevention AuiUcrity. fhc grant provides funding to operate the multi jurisdictional Sher's Office Auto Theft 'init. The Automobile Theft Prevention Authority U2iTPA) program is targeted to reduce automobile tneft thrcuah various law enforcement enhancements. The Sheriff's Office is requesting continuation funding for salaries and fringe benefits for one 1: FT Z Sergeant position, position #10333; ant four (4) FT'L Deputy position numbers 06108, 06109, 06147, and 0648. 4; The Township of West Blcomfieid will be dropping out of participating in this grant at the end of the FY 2009 urant year. To offset the departure of West Bloomfield the .Theriff's Office is requesting the creation of two 2) new Deputy positions and one new Detective Sergeant position. Funding requested for all jurisdictions equals $1,424,073. There is a 50% local match. Oakland County is requesting $450,174 with a local match of $450,174. 7; Octal Oakland County expenses of $300,34E. consist of salaries of $825,882 overtime of $26,294 fringe benefits of $296,272 telephones of $3,100 and MV7-3:f pool services of $48,8 ,00. Funding to other participating governmental agencies of 4:523,725 is allocated as folloKs; Wayne County $201,095; Hazel Park $94,801; Waterford $113,645; and Farmington of $113,5a4. The grant funding period is October 1, 2009 through September 30, 2010. Application and acceptance of this grant does not obligate the County to any future commitment, and continuation of the special revenue positions this grant are contingent upon ccntin:Jed future levels of grant funding. :nformationa1 ?ubic Ser7Lces Com=ittee Com=ittee GRANT REVIEW SIGN OFF — Sheriff's Office GRANT NAME: FY 2010 Auto That Prevention Authority Grant FUNDING AGENCY: Michigan State Police - Automobile Theft Prevention Authority DEPARTMENT CONTACT PERSON: Sgt. Kevin Banycky 248 858-5208 STATUS: Application DATE: May 26, 2009 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant application package (which should include an application Report from Fiscal Services to the Chairperson of the Board of Commissioners, the grant application, and this Sign Off email containing grant review comments) may be submitted to the Chairperson of the Board of Commissioners for review and signature, with informational copies to the appropriate Board of Commissioners' committee(s). DEPARTMENT REVIEW Department of Management and Budget: Approved. — Tim Soave (5/19/2009) Department of Human Resources: Approved. — Cathy Shallal (5/20/2009) Risk Management and Safety: Approved By Risk Management — Julie Secontine (5/26/2009) Corporation Counsel: I APPROVE the grant application on behalf of Corporation Counsel. — Mary Mara (5/19/2009) COMPLIANCE Michigan Auto Theft Prevention Authority (1997 PA 174, Chapter 61) Uttp://www,michi ari.eov/docunients/Act174 55646 7.pdf Gala Piir From: Soave, Tim [soavet@oakgov.comj Sent: Tuesday, May 19, 2009 154 PM To: 'Piir, Gala'; 'VanPeft, Laurie"; 'Davis, Patricia': 'Secontirte, Julie': 'Shallai, Cathy' Cc: "Banycky, Kevin"; 'Cunningham, Dale': 'Seaman, Lor; 'Malone, Prentiss': 'Mara, Mary' Subject: RE: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application Approved --Original Message-- From; Piir, Gaia [malito:piirg@oakgov.com] Sent: Tuesday, May 19, 2009 1:51 PM To: 'Soave, Tim'; 'VanPelt, Laurie'; 'Davis, Patricia'; 'Secontine, 'Shallal, Cathy' Cc: 'Banycky, Kevin'; 'Cunningham, Dale'; 'Seaman, Lori': 'Malone, Prentiss'; 'Mara, Mary' Subject: RE: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application Importance: High Please Note: The original grant review email had two attachments of the blank application template. Please see attached completed application. I apologize for any confusion! ----Original Message-- From: Pill-, Gala [rnailto:piirggoakgov.coml Sent: Thursday, May 14, 2009 4:46 PM To: 'Soave, Tim'; 'VanPelt, Laurie; 'Davis, Patricia'; '5econtine, Shallal, Cathy Cc; tBanyeky, Kevin'', 'Cunningham, Dale`; 'Seaman, Lori'; 'Malone, Prentiss' Subject: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application GRANT _REVIEW FORM TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Cathy Shan] - Julie Secontine - Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE - Sheriffs Office FY 2010 Auto Theft Prevention Authority Grant Michigan State Police - Automobile Theft Prevention Authority Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: May 21, 2009 GRANT INFORMATION Date: May 14, 2009 Operating Department: [Sheriffs Office Department Contact: [ Sgt. Kevin Banyeky I Contact Phone: [ 858-5208 1 Document Identification Number: { 0-8-10 REVIEW STATUS: Application Funding Period: 110-1-09 1 through [9-30-10 j New Facility / Additional Office Space Needs; [ none 3 IT Resources (New Computer Hardware! Software Needs or Purchases): [ none Gala Plir "Mn From: ShaHal, Cathy [shallalc@oakgov.com] Sent: Wednesday, May 20, 2009 7:31 PM To: 'Piir, Gaia': 'Soave, Tim'; 'VanPelt, Laurie': Patricia'; 'Secontine, Julie' Cc: Banycky, Kevin': 'Cunningham, Dale': 'Seaman, Lori'; 'Malone, Prentiss': 'Mara, Mary' Subject: RE: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application Approved ----Original Message From: Piir, Gala [mailto:pilrgraoakgov.com] Sent; Tuesday, May 19, 2009 1:51 PM To: 'Soave, Tim"; 'VanPelt, Laurie"; 'Davis, Patricia': 'Secontine, Julie': "Shelia!, Cathy' Cc: Tanycky, Kevin': 'Cunningham, Dale': 'Seaman, Lori'; 'Malone, Prentiss': 'Mara, Mary' Subject: RE: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application Importance: High Please Note: The original grant review email had two attachments of the blank application template. Please see attached completed application. I apologize for any confusion! --Original Message---- From: Plir, Gala [mailto:piirg@oakgov.com] Sent: Thursday, May 14, 2009 4:46 PM To: 'Soave, Tim': `VanPelt, Laurie': 'Davis, Patricia', Secontine, Julie': Shaflaf, Cathy Cc: "Banycky, Kevin': 'Cunningham, Dale; 'Seaman, Lott; 'Malone, Prentiss' Subject: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Sheriffs Office FY 2010 Auto Theft Prevention Authority Grant Michigan State Police - Automobile Theft Prevention Authority Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: May 21, 2009 GRANT INFORMATION Date: May 14, 2009 Operating Department: [Sheriffs Office j Department Contact: [ Sgt. Kevin Banycky Contact Phone: [ 858-5208 Document Identification Number: [ 0-8-10 ] REVIEW STATUS: Application Funding Period: [ 10-1-09 J through [9-30-10 j New Facility / Additional Office Space Needs: [ none ] IT Resources (New Computer Hardware Software Needs or Purchases): [ none Gaia Piir Secontine, Julie Isecontinej@oakgovcomi Tuesday, May 26, 2009 9:19 AM To; 'Piir, Gaia' Subject: FW: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application Importance: High Approved by Risk Management_ From: Gala PR [mailto:piirg4oakgov.corn] Sent: Tuesday, May 19, 2009 1:51 PM To: 'Soave, Tim'; VanPelt, Laurie`; 'Davis, Patricia': 'Secontine, Julie': Shallal, Cathy' Cc: Sanycky, Kevin': 'Cunningham, Dale; 'Seaman, 'Malone, Prentiss'; 'Mara, Mary' Subject: RF: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application Importance: High Please Note: The original grant review email had two attachments of the blank application template. Please see attached completed application. I apologize for any confusion! Original Message-- From: Piir, Gala [mailto:piirgaioakgov.comi - Sent: Thursday, May 14, 20094:46 PM To: 'Soave, Tim.; VanPalt, Laurie; 'Davis, Patricia'; 'Secontine, 3ulie': Shaltal, Cathy Cc: •Banycky, Kevin'', 'Cunningham, Dale'; 'Seaman, Lod'; 'Malone, Prentiss' Subject: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application GRANT NETIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Sheriffs Office FY 2010 Auto Theft Prevention Authority Grant Michigan State Police - Automobile Theft Prevention Authority Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, vii reply (to all) of this email. Time Frame for Returned Comments: May 21, 2009 GRANT INFORMATION Date: May 14, 2009 Operating Department: [Sheriffs Office Department Contact: [ Sgt. Kevin Banycky Contact Phone: [ 858-5208 I Document Identification Number: f G-8-10 REVIEW STATUS: Application Funding Period: [ 10-1-09 J through [9-30-10 ] New Facility Additional Office Space Needs: [ none IT Resources (New Computer Hardware / Software Needs or Purchases): [none From: Sent: Gala Piir From: Mara, Mary [maram@oakgov.com ] Sent: Tuesday, May 19, 2009 2:56 PM To: 'Kr, Gala': 'Soave, Tie; 'VanPelt, Laurie'; 'Davis, Patricia': 'Secontine, Julie'; 'Sheila!, Cathy' Cc: 'Banycity, Kevin'; 'Cunningham, Dale'; 'Seaman, Lori'; 'Malone, Prentiss' Subject: RE: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application I APPROVE the grant application on behalf of Corporation Counsel. Mary M. Mara Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3m Floor Pontiac, MI 48341 Phone Number: (248) 976-9616 Fax Number: (248) 858-1003 E-mail: maramAoalcgov.com PRIYILE(jj) AND CONFIDENTIAL — ATTORNEY CLIENT COMMUNICATION This e-maii :5 intended only for hose persons to whom lt is specifically addrosSred. It is confidential and is protected by the attorney-chant Privilege. and work product doctrr This privilege aelongs to the County of Oakland, ard individual addressees are not authorized to waive or modify tiirs privilege in anyway. IndividLals are advised that a dissemination, reoroductori or unauthorized review of this information by persons other than those sled above may constitute a waiver of this privilege and Is therefo prohibited. If you have resolved this message in error, please notify the sender Immediately. If you have any questions. please contact the Department of Corporation COun5 at (248)858-0550. Plank you for your cooperation. • ---Original Message From: Piir, Gala [mailto:piirg@oakgov.com] Sent: Tuesday, May 19, 2009 1:51 PM To: 'Soave, Tim'; 'VanPelt, Laurie'; 'Davis, PatriciaT; 'Secontine, Julie'; 'Sheila!, Cathy' Cc: '13anydw, Kevin'; 'Cunningham, Dale'; Seaman, Lor.'; 'Malone, Prentiss'; 'Mara, Mary' Subject: RE: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application Importance: High Please Note: The original grant review email had two attachments of the blank application template. Please see attached completed application. I apologize for any confusion! --Original Message From: Piir, Gaia [mailto:piirg@oakgov.com] Sent: Thursday, May 14, 2009 4:46 PM To: 'Soave, Tim% VanPelt, Laurie'; 'Davis, Patricia'; Secontine, Julie'; Sheila!, Cathy Cc: Tartycky, Kevin'', 'Cunningham, Dale'; 'Seaman, Lori'; 'Malone, Prentiss' Subject: Grant Review: Sheriffs Office - FY 2010 Auto Theft Prevention Authority Grant - Grant Application GRANT REVIEW FORM TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Cathy Shallal -Julie Secontine - Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE - Sheriffs Office FY 2010 Auto Theft Prevention Authority Grant Michigan State Police - Automobile Theft Prevention Authority AUTO THEFT PREVENTION AUTHORITY Grant Application 2010 Submitted By: Oakland County Auto Theft Unit Oakland County Sheriff's Office MSP EX-31 (5/00) FOR ATPA USE ONLY PROJECT NUMBER ATPA GRANT APPLICATION — PAGE 1 Read instructions first before completing form. Attach extra pages when more space is needed. 1. NAME OF APPLICANT ORGANIZATION 2 FEDERAL ID NUMBER Oakland County (Sheriff's Office) 38-5004876 3. MAILING ADDRESS 1200 North Telegraph Rd. Bldg 38E Pontiac, MI 48341 4 NAME OF GOVERNMENT UNIT (If Applicable) 5. TYPE or GOVERNMENT UNIT Oakland County ID State p City R county a Other: 6. ADDRESS 1200 North Telegraph Rd. Pontiac, Mi. 48341 7. PROJECT TITLE 8. BEGINNING DATE OF GRANT 9. ENDING DATE OF GRANT Oakland County Auto Theft Unit October 1, 2009 September 30, 2010 10. PROJECT AREA (City/Township/County) County of Oakland County of Wayne -, 11. ALL AGENCIES PARTICIPATING IN THE PROJECT (If Cooperative Effort) Oakland County Sheriff's Office Wayne County Sheriff's Office City of Hazel Park Police Department Waterford Twp. Police Department City of Farmington Hills I/ The undersigned understand and agree that a grant received as a result of this application is subject to 1992 PA 174, the policies of the Automobile Theft Prevention Authority, and the grant conditions as outlined on pages 5 through 7. We certify that all information provided is true and accurate. 12. TYPED NAME AND TITLE OF PROJECT DIRECTOR SIGNATURE Mark Newman, Captain BUSINESS ADDRESS 1200 North Telegraph Rd. Bldg38E Pontiac, MI 48341 PHONE NUMBER FAX NUMBER E-MAIL ADDRESS DATE SIGNED (248) 858-5087 (248) 975-9759 newmanm@oakgov.00rn Submit an original and four copies of application (pages 1 - 7) and all required documentation to: AUTOMOBILE THEFT PREVENTION AUTHORITY 714 S. HARRISON ROAD EAST LANSING, MICHIGAN 48823 For assistance, call (517) 336-6197 I AUTHORITY: 1992 PA 174 COMPUANCE: Voluntary, but a grant will not be nrri. sr.ri rwwerry4,e1,-. -frtrr, I kmir1-1,..1 13. DESCRIPTION OP PROJECT (Briefly ladicate What Problems Are And What You Are Going To Do) Description of Project The Oakland / Wayne County Auto Theft Unit currently consists of Eleven investigators funded by the Auto Theft Prevention Authority. The agencies participating in the ATPA grant are the Oakland County Sheriff Office, Wayne County Sheriffs Office, Waterford Township, West Bloomfield Township, City of Hazel Park and the City of Farmington Hills. Oakland County also funds a supervising Sergeant, an administrative Lieutenant, and a project-directing Captain. At the end of the 2009 grant year West Bloomfield will be forced to pull out their officer out due to the currant financial climate. Another change in 2009 was the loss of the two ATPA funded prosecutors. It does not appear those positions will be replace any time soon. The partnership with Wayne County and the two team concept implemented in 2005 has continually proven to be a winner. It has allowed us to take a more proactive approach to investigations originating in either county which translates into better follow up and more arrests. It has made the unit as a whole more efficient. The Oakland / Wayne County Auto Theft Unit's investigators are facing many of the same trends as other investigators across the state. it appears that straight up car thefts seem to be down. Opinions very as to why. Obviously in part due to funded officers making arrests. Also, more cars with anti theft devises (especially in the ignition system) and new reporting systems in many jurisdictions. While these crimes may be down, our insurance frauds and obtaining vehicles by other fraudulent means have drastically increased. Unfortunately, investigating these crimes takes a huge amount of time and resources not just from law enforcement but from all involved. This unit has always aggressively gone after insurance fraud cases utilizing surveillance, undercover buys, informants and plain hard work to prosecute these individuals. In 2010 we propose to become even more proactive by stepping up inspections of repair, collision salvage/scrap yards. Our goal would be Two per month with the hope that we may be able to identify some fraudulent claims. As mentioned earlier West Bloomfield has decided not to participate in 2010. Oakland County has submitted to fill that position with a deputy. Additionally we have asked for two new positions. One of Detective Sgt. and another Deputy. The Units diligence in interviewing as many people as possible, the willingness to conduct surveillances often on short notice, use of GPS tracking and other state of the art surveillance equipment, up to date training and old school hard work have made the Oakland/Wayne Auto Theft Unit a very productive force against auto theft in the area. We will continue to use the above proven investigative practices as well as develop new strategies as thieves find new ways to steal Cars and commit frauds The Auto Theft Prevention Authority funded units continue to have a positive impact on auto theft rates in the State of Michigan. Our project mission is to meet and exceed the outlined objectives of the Authority. We will continue to fight to reduce and deter auto thefts, insurance frauds, and other fraudulent activities. MSP EX-31 (4/G2) ATPA GRANT APPLICATION — PAGE 3 14 MEASURABLE °ELECTIVES 1) Continue the prosecution for economic auto theft by focusing the team's efforts on making high point value motor vehicle theft related arrests. Increase inspections of repair facilities, repair shops, salvage and scrap yards. 2) Reduce the economic gain associated with auto theft by recovering and processing stolen vehicles or parts/equipment incidents, and by constantly identifying possible insurance frauds. 3) Achieve a high rate of return on the investment of ATPA grant monies by, at a minimum, recovering more in stolen vehicles/parts/equipment value than the ATPA' s total approved budget for the project. 4) Comply with all ATPA guidelines/policies, and those of the Uniform Crime Reporting System. 5) Maintain clear and reliable documentation for project's performance activity and financial expenditures. 6) Report dollar amount deposited into forfeiture account following auction. 7) Act as prevention/apprehension training resource for project area agencies. 8) Attend Regular Meetings for area detectives and insurance investigators 15_ EVALUATIo4CR:7ERA What Data Will Be SuppceO To The ATPA?) 1) Number 14 point MVT related arrests 2) Number 12 point MVT related arrests 3) Number 10 point myr related arrests 4) Number 8 point MVT related arrests 5) Number 6 point MVT related arrests 6) Number 4 point MW related arrests 7) Number 2 point MVT related arrests 8) Number passenger vehicles recovered 9) Dollar value of recovered passenger vehicles 10) Number other vehicles recovered 11) Dollar value of other vehicles recovered 12) Number parts recovery incidents 13) Dollar value of recovered parts/equipment 14) Dollar amount deposited into forfeiture account following auction 15) Number auto theft training sessions presented M6P EX-31' (5/00Y ATPA GRANT APPLICATION — PAGE 4 16, BUDGET (Attach Detailed Listing Of Casts) A. TOTAL COST FOR SWORN EMPLOYEES (See Attached Sample Documentation) $1,341.333 B. TOTAL COST FOR OTHER EMPLOYEES (See Attached Sample Documentation) C. TOTAL COST FOR VEHICLES (See Attached Sample Documentation) $79,300 $3,100 D. TOTAL COST FOR OFFICE OPERATIONS (See Attached Sample Documentation) $340 E. TOTAL COST FOR FIELD OPERATIONS (See Attached Sample Documentation) F. TOTAL COST FOR OTHER EXPENSES (See Attached Sample Documentation) TOTAL BUDGET $1 424 073 ATPA SHARE 50% *NON-ATPA SHARE 50% $712,036 $712 036 *NON-PROFIT AGENCIES DO NOT REQUIRE MATCHING FUNDS MS P EX-31 (5/00) ATPA GRANT APPLICATION - PAGE 4A MICHIGAN AUTOMOBILE THEFT PREVENTION AUTHORITY OAKLAND COUNTY SHERIFF'S DEPARTMENT BUDGET DETAIL G-8-10 TOTAL BUDGET SWORN EMPLOYEES Salaries & Wages. (6) Sheriff Deputies (2) Detective Sergeant $525,882 Overtime $26.294 Employees Benefits: Work Comp $6,206 Life Ins .......... ..... ...... ......... . ....... $1,528 Retirement $161 600 Hospitalization. $75,728 FICA $40,228 Dental Insurance $7,468 Optical Insurance $474 Unemployment......... ...... ...... ..........„ ....... ...... . ..... . .. ..... ..$1,1 ,046 Disability $1,994 TOTAL SWORN EMPLOYEES $848,448 VEHICLE USAGE Vehicle Lease/Purchase $6,100 (8) Sheriff's Vehicles TOTAL VEHICLES $48,800 HELD OPERATIONS Investigative Supplies $ 0 Tools, Sandpaper, Film, and Film Processing TOTAL FIELD OPERATIONS $ 0 OFFICE OPERATIONS Telephones $3,100 TOTAL OFFICE OPERATIONS $3,100 G13,ANp TOTAL S900,348 TOTAL SWORN EMPLOYEES $189,155 MS? EX-31 (5M) ATPA GRANT APPLICATION - PAGE 4A MICHIGAN AUTOMOBILE THEFT PREVENTION AUTHORITY WAYN. E COUNTY SHERIFF'S DEPARTMENT BUDGET DETAIL TOTAL RIIDGFT SWORN EMPLOYEES Salaries & Wages: (2) Sheriff Deputy $107,792 Overtime5% ......... ........... ......... ............... .......... ...... ...... $5,390 Employees Benefits: Work Comp $1 720 Retirement , . ... ....... . ................ . ............. , .518,958 Hospitalization $4.460 FICA $8,243 Unemployment $552 Disability ... . ........ ....... .................... . ...... ..... $334 Operating Insurance .$706 VEHICLE USAGE Vehicle Lease/Purchase. $6,100 (2) Sheriff's Vehicles TOTAL VEHICLES $12,200 FIELD OPERATIONS $34-0 TOTAL FIELD OPERATIONS GRAND TOTAL $201.695 MSP EX-31 (MC ATPA GRANT APPLICATION - PAGE 4A MICHIGAN AUTOMOBILE THEFT PREVENTION AUTHORITY WATERFORD TWP POLICE DEPARTMENT BUDGET DETAIL G-8-1O TOTAL BUDGET SWORN EMPLOYEES Salary & Wage: Police Officer $62,927 Overtime 5% $3,146 Employees Benefits: FICA = $4,814 Retirement S18,563 Medical Insurance .$1&736 Dental ......... .......... , ..... .$1,214 Life S145 TOTAL SWORN EMPLOYEES $107,545 VEHICLE USAGE Vehicle Lease/Purchase.... Two of Waterford $6.100 TOTAL VEHICLES $6, 1 00 GRAND TOTAL $113,645 MSP EX-31 (5.•C)) ATPA GRANT APPLICATION - PAGE 4A MICHIGAN AUTOMOBILE THEFT PREVENTION AUTHORITY HAZEL PARK POLICE DEPARTMENT BUDGET DETAIL G-8-10 TOTAL BUDGET SWORN EMPLOYEES Salaries & Wages: Police Officer $59444 Overtime 5% $2.972 Employees Benefits: Work Comp $1.91 Pension $8,495 Blue Cross. 313.193 Pica $1,028 Dental Insurance $l.775 Optical Insurance .$169 Life Insurance $114 TOTAL SWORN EMPLOYEES $88,701 VEHICLE USAGE Vehicle Lease/Purchase $6,100 City of Hazel Park Vehicle TOTAL VEHICLE $6,100 GRAND TOTAL $94.801 TOTAL SWORN EMPLOYEES $107,484 MSP EX-31 (5/00) ATPA GRANT APPLICATION - PAGE 4A MICHIGAN AUTOMOBILE THEFT PREVENTION AUTHORITY FARME\1GTON HILLS POLICE DEPARTMENT BUDGET DETAIL G-8-10 TOTAL BUDGET SWORN EMPLOYEES Salaries & Wages: Police Officer $67,830 Overtime 5% $3392 Employees Benefits: Work Comp $634 Pension. $10,514 Blue Cross. _ ........ ...... Fica $5,706 Dental Insurance $1,000 Life Insurance .S125 VEHICLE USAGE Vehicle Lease/Purehase ..... ................. ........... ............. ........ ...... ....... ..... ....,..$6,100 City of Farmington Hills Vehicle TOTAL VEHICLE $6,100 GRAND TOTAL S113.584 EX-031 (03i2009) MICHIGAN STATE POLICE Automobile Theft Prevention Authority ATPA GRANT APPLICATION CONDITIONS - PAGE 5 GRANT CONDITIONS 1. DURATION OF GRANT The grantee understands that projects may be planned over a period of years; however, each project will be approved by the ATPA on a yearly basis. The grantee must submit another application if it wishes to continue the project beyond the initial grant period. The ATPA will base approval of renewal application on the grantee's reports of prior accomplishments. 2. IMPLEMENTATION OF PROJECT The grantee agrees to implement this project within 90 days following the grant award effective date or be subject to automatic cancellation of the grant. 3. PROJECT MODIFICATION (Michigan State Police Form EX-34) A. The grantee agrees not to make any modification of the approved budget, including the participating agencies. program, or budget without the prior written approval of the ATPA. (1) Project revisions must be submitted to the ATPA at least 30 days in advance of the need for the change. B. The grantee agrees to provide the ATPA with written notification of changes in project director/financial officer and grant funded personnel. 4. EXPENDITURES A. The grantee understands and agrees that all expenditures from the grant will: (1) Be necessary for proper and efficient administration of the project and be allowable thereto under the principles and standards provided herein. (2) Be permissible under state and federal law and consistent with statewide policies, regulations, and practices. (3) Not result in a profit to the grantee or governmental unit. (4) Be incurred on or after the date of authorization to proceed or the first day of the grant period, whichever is later, and on or before the end of the grant period. (5) Be reduced by all applicable credits. (5) Be adequately supported by source documentation. B. The grantee agrees to use the approved purchasing practices and bid procedures required by the applicable community, agency, or organization for expenditures involving project activity. C. The grantee agrees to maintain accounting records following generally accepted accounting procedures for the expenditure of grant funds. The grantee agrees to record all revenues and expenditures in a fund or account separate from the grantee's other funds or accounts. D. The grantee understands that all state agency projects must have a legislative budget appropriation to accept ATPA funds. E. The grantee agrees to maintain all documentation for costs incurred for a three-year period following the final payment for the project. EX-031 (0312009) MICHIGAN STATE POLICE Automobile Theft Prevention Authority ATPA GRANT APPLICATION CONDITIONS - PAGE 6 GRANT CONDITIONS (Continued) 5. EQUIPMENT A. The grantee understands that "equipment" is generally defined as any non-expendable tangible personal property having a useful life of more than one year and an acquisition cost of $500 or more per unit. Items with a useful life of more than one year, but with an acquisition cost of less than $500, will not be considered equipment for purposes of this grant. Any equipment purchased through a grant to a state agency must also adhere to all state equipment control procedures. B. The grantee agrees that all equipment purchased under the grant will be used continually for automobile theft prevention purposes, not only during the period of the grant but for the entire useful life of the equipment. 6. RELEASE OF FUNDS Generally, payments to governmental agencies will be made on a reimbursement basis and to nonprofit agencies on an advance basis, providing the grantee is in compliance with all terms and conditions of the grant. 7. RETURN OF UNEXPENDED FUNDS The grantee agrees to return all unexpended grant funds to the ATPA within 60 days after the project is completed The check should be made payable to the 'State of Michigan." 8. PROGRAM REVENUES Any funds received or granted as a result of auto theft activities shall be used to enhance currently funded and/or future auto theft prevention programs. Funds received include, but is not limited to, forfeiture of cash and receipts from sale of property. If the project is terminated, the unexpended revenues shall be promptly returned to the ATPA. 9. AUDIT AND REVIEW A. The grantee agrees to allow the ATPA and the State Auditor General, and any of their duly authorized representatives, access, for purposes of inspection, audit, and examination, to any books, documents, papers, and records of the grantee which are related to this project. The ATPA will conduct periodic audits of the grant to ensure the grant money has been spent in accordance with 1992 PA 174, the policies of the authority, and this contract. B. The AWA will conduct periodic program reviews of the project. The purpose of these reviews will be to determine adherence to stated project goals and to review progress of the project in meeting its objectives. C. The grantee agrees to submit quarterly progress reports and semi-annual financial reports. The grantee understands that failure to submit any required reports may result in the termination of the grant. 10. GRANT TERMINATION The grantee understands that this grant may be terminated if the ATPA concludes that the grantee is not in compliance with the conditions and provisions of this grant, or has falsified any information. The ATPA will extend an opportunity for the grantee to demonstrate compliance. Notification of termination will be in writing. 11. TRAVEL The grantee agrees to notify the ATPA in advance of any out-of-state travel except for casual travel of less than 24 hours. EX-031 (03/2009) MICHIGAN STATE POLICE Automobile Theft Prevention Authority ATPA GRANT APPLICATION CONDITIONS - PAGE 7 GRANT CONDITIONS (Continued) 12. ORIENTATION MEETING The grantee agrees to attend an orientation meeting when scheduled. Any additional requirements made at that time will become a condition of the grant. 13. REPORTING REQUIREMENTS All grantees must submit quarterly performance activity (progress) reports, which are due one month after the end of a quarter, and semi-annual expenditure (financial) reports. The schedule is listed below: (Both reports must be received prior to ATPA reimbursement.) REPORTS REPORTING PERIOD DUE DATES Progress Report (EX-37) 1011/2009 to 12/31/2009 1/31/2010 Progress Report (EX-37) 1/1/201010 3/31/2010 4/31/2010 Financial Report (EX-36) 10/1/2009 to 3/31/2010 4/31/2010 Progress Report (EX-37) 4/1/2010 to 6/30/2010 7/31/2010 , Progress Report (EX-37) 7/1/2010 to 9/30/2010 10/31/2010 ' Financial Report (EX-36) 4/1/2010 to 9130/2010 10/16/2010 , AUTO THEFT INVESTIGATIVE TEAMS OAKLAND COUNTY, MICHIGAN OAKLAND COUNTY A.T.U. PRIMARY INVESTIGATION AND FOLLOW-UP AREAS OAKLAND COUNTY A.T.U. SECONDARY INVESTIGATION AND FOLLOW-UP AREAS BY REQUEST 0 FOLLOW-UP AREA BY REQUEST CITY OF SOUTHFIELD A.T.U. 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T+ 41-Th $ FISCAL NOTE (MISC. 109130 June 15, 2009 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS - MICHIGAN DEPARTMENT OF CORRECTIONS, OFFICE OF COMMUNITY CORRECTIONS, COMMUNITY CORRECTIONS COMPREHENSIVE PLAN AND APPLICATION FOR FY 2010 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson. Ladies and Gentlemen: Pursuant to rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The date of notification was April 1, 2009. The application was due June 1, 2009. The application is 103% greater than the current award. See the attached Schedule A. 2, This is the sixteenth (16) year of the grant application with Michigan Department of Corrections. Office of Community Corrections. 3. The grant period is October 1, 2009 through September 30, 2010. 4, The application requests State funding in the amount of $3806197 and no required County match as detailed in the attached Schedule A. 5. Application seeks full-time funding for positions 7425, 7426, 7428, 7429, 7432, 7433, 9243, 9247, 9291, 9295. 9648, 960: .5 of full time positions 7834 and 9396, and PTNE position 9292 within the Community Corrections Division. 6. The application also seeks full-time funding for positions 7419, 7420, 7418, 7421, and PTNE funthng for positions 7417 and 9397 within the Sheriff's Department. 7. PA511 of 1988 requires that the "County Board or Boards of Commissioners of the County approve the proposed comprehensive plan prepared by their advisory Board." FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote wth Gingell absent t Resolution #09138 July 15, 2009 Moved by Capella supported by Woodward the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) NAYS: None, (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGOING RESOLUTION ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 15, 2009, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 15th day of July, 2009. Gide Ruth Johnson, County Clerk