Dear Grantee:

Attached is the fiscal year 2021 indigent defense grant contract for your local funding unit. If you
are receiving this letter, the Michigan Indigent Defense Commission (MIDC) has approved your
plan and cost analysis for compliance with approved MIDC Standards.

Fiscal Year 2021 Grant Contract

This contract covers any spending occurring between October 1, 2020 and September 30, 2021
that has been approved as part of the cost analysis. Please read the grant contract and review the
attachments carefully. 1 The contract should be shared with any person in your funding unit that
may be responsible for implementation, compliance reporting, or financial reporting related to the
grant. The grant contract contains important information and dates regarding distribution of grant
funds, compliance, and requirements for reporting.

Once the grant contract is signed by the authorized signatory for the funding unit, please return the
signed contract by email to LARA-MIDC-Info@michigan.gov. You should include your
Regional Manager on this email. The contract will be signed by MIDC and LARA upon
appropriation of sufficient funds and then entered into SIGMA for payment. You will receive a
fully executed copy of the contract by email.

Funding, Disbursements and Unexpended Funds

Please note that the funding for this grant is contingent upon an appropriation by the legislature
that is signed by the Governor. As noted in Section 1.0 - Statement of Work, in the event that the
funds appropriated by the legislature is insufficient to fully fund this grant, “the amount of the
grant will be reduced by the Grantor and the funding unit will not be required to fully comply with
the minimum standards the original approved grant was designed to allow.”

The initial state grant disbursement will be processed for advance payment once the contract is
fully executed. Pursuant to section 1.4 – Payment Schedule, the second and third disbursements of
funds will be equally reduced to reflect the amount of any unexpended grant funds from the prior
fiscal year.

Grant Reporting and Webinars

The first quarterly compliance and financial reports will be due January 31, 2021. This report
should reflect compliance and financial information for the period of October 1, 2020 through
December 31, 2020. Budget adjustment and substantial plan change requests should only be
submitted with the quarterly reports. In submitting requests for budget adjustments and plan
changes, I encourage you to review the grant manual approved by the Commission in June 2020
and to work with your Regional Manager in submitting those requests.

1
Attachment A shows the state travel rates for FY20. Please note that the applicable FY21 travel
rates will be published October 1, 2020.
 Page 2 of 2

MIDC staff will host informational webinars regarding first quarter reporting prior to the due date.
Registration information for the webinars will be distributed and posted on the MIDC website.

Please do not hesitate to contact me if you have any feedback, or your Regional Manager if you
have questions about implementation under the grant contract. We encourage you to continue to
check our website regularly, where you can find information regarding the Commission’s
meetings, grants and other updated information.

Sincerely,

Loren Khogali, Executive Director

Michigan Indigent Defense Commission
Phone: (517) 275-2845
 GRANT NO. 2021-19

GRANT BETWEEN
THE STATE OF MICHIGAN
MICHIGAN INDIGENT DEFENSE COMMISSION (MIDC)
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS (LARA)
AND
St. Clair County

GRANTEE/ADDRESS:

Karry Hepting
Administrator/Controller
200 Grand River
Port Huron, MI 48060
810-989-6905

GRANTOR/ADDRESS:

Michigan Indigent Defense Commission

Department of Licensing and Regulatory Affairs
611 W. Ottawa St.
Lansing, MI 48933
517-657-3060

GRANT PERIOD:

From October 1, 2020 to September 30, 2021

TOTAL AUTHORIZED BUDGET: $2,788,549.84

State Grant Contribution: $2,039,111.33

Local Share Contribution: $749,438.51

ACCOUNTING DETAIL: Accounting Template No.: 6411113T032

SIGMA Vendor Code: 0048270

 GRANT

This is Grant #2021-19 between the Michigan Indigent Defense Commission (MIDC)
(Grantor), and St. Clair County (Grantee), subject to terms and conditions of this grant
agreement (Agreement).

1.0 Statement of Purpose

The purpose of this Grant is to provide funding to assist the Grantee to comply with the
Compliance Plan and Cost Analysis approved by the MIDC for the provision of indigent
criminal defense services through the Standards approved by LARA on May 22, 2017,
and the process described in the Michigan Indigent Defense Act. The funding for this
grant is contingent upon an appropriation by the legislature that is signed by the
Governor. Consistent with the MIDC Act, in the event that the funds appropriated apply
to less than all of the minimum standards, the funding unit will not be required to fully
comply with all of the minimum standards. In the event that an appropriation is
insufficient to fully fund this grant, the amount of the grant will be reduced by the
Grantor and the funding unit will not be required to fully comply with the minimum
standards the original approved grant was designed to allow.

1.1 Definitions

A. Budget means a detailed statement of estimated costs consistent with the

Grantee’s approved Cost Analysis and required to implement the Compliance
Plan.

B. Budget Category means the aggregate of all funds in each of the high-level
categories within Attachment B to the funding unit’s grant budget.

C. Compliance Plan is the plan submitted by the local funding unit and approved by
the MIDC that specifically addresses how the Grantee shall meet the approved
minimum standards established by the MIDC.

D. Cost Analysis is a statement of the types of expenditures and funding necessary to

bring Grantee’s indigent defense system into compliance with the approved
minimum standards established by the MIDC, including a statement of the funds
in excess of the Grantee’s local share as defined under the MIDC Act and as
outlined in the Compliance Plan.

E. MIDC Act means the Michigan Indigent Defense Commission Act, Public Act 93
of 2013, MCL 780.991 et seq as amended, enacted for the purpose of creating the
Michigan Indigent Defense Commission and creating minimum standards for the
local delivery of indigent criminal defense services that meet the constitutional
requirements for the effective assistance of counsel.

F. MIDC means the Michigan Indigent Defense Commission.

 G. Subgrantee means a governmental agency or other legal entity to which an MIDC
subgrant is awarded by the Grantee. Attorneys representing indigent defendants,
including both public defenders and attorneys contracted to represent indigent
defendants, public defender office employees, judges, magistrates, court
personnel, and professional service contract vendors shall not be considered
subgrantees.
H. “Substantial Change” to a Compliance Plan is a change to the plan or cost
analysis that alters the method of meeting the objectives of the standard(s) in the
approved plan.

1.2 Statement of Work

The Grantee agrees to undertake, perform and complete the services described in its
approved Compliance Plan and in accordance with the Michigan Indigent Defense Act,
MCL 780.991et seq, , specifically Standards 1 through 4. The Parties to this Agreement
enter into this Agreement to facilitate the process described in the MIDC Act, which
controls or supersedes any terms of this Agreement. Consistent with the Act and when
applicable, an indigent criminal defense system shall comply with the terms of the grant
in bringing its system into compliance with the minimum standards established by the
MIDC within 180 days after receiving funds from the MIDC. Grantee may exceed 180
days for compliance with a specific item needed to meet minimum standards as set forth
in the Act. Grantee’s Compliance Plan, as submitted and approved by the MIDC
(Attachment A), addresses the prescribed methods the grantee has chosen to provide
indigent criminal defense services pursuant to MCL 780.993(3). Any substantial changes
to the work described in the Compliance Plan must be submitted to the MIDC for
approval as set forth in this Agreement prior to any changes being implemented. All
provisions and requirements of this Agreement shall apply to any agreements the Grantee
may enter into in furtherance of its obligations under this Agreement and Grantee shall be
responsible for the performance of any Subgrantee work, as defined in subsection1.1.

1.3 Detailed Budget

A. This Agreement does not commit the State of Michigan (State) or the Department
of Licensing and Regulatory Affairs (LARA) to approve requests for additional
funds at any time.

B. If applicable, travel expenses will not be reimbursed at rates greater than the State
Travel Rates, Attachment C, without the prior written consent of the MIDC.

C. Attachment B is the Budget. The Grantee agrees that all funds are to be spent as
detailed in the Budget, unless a budget adjustment request is approved, in
accordance with section 1.3(E).
 D. Grantee will maintain a restricted fund within their Local Chart of Accounts for
the sole purpose of accounting for the expenses and revenue sources for operation
of this grant and the local adult indigent defense system.

E. All requests for a budget adjustment or substantial changes to the Grantee’s

Compliance Plan will be submitted quarterly with the Grantee’s quarterly report.
MIDC staff shall respond to a request in writing within 30 days of receipt.

1) Budget adjustments less than or equal to 5% of the Budget Category total,

including adjustments between Budget Categories, do not require approval
by MIDC staff, but must be reported quarterly in the next financial status
report.
2) A Budget adjustment involving greater than 5% of the aggregate of all
funding within a Budget Category requires prior written approval by
MIDC Staff and must be reported to the MIDC as soon after the Grantee is
aware of the necessity of the Budget adjustment and reported in the
Grantee’s quarterly report.
3) Any substantial change to a Compliance Plan requires prior approval by
MIDC staff and MIDC Commission.

1.4 Payment Schedule

The maximum amount of grant assistance approved is $2,039,111.33.

The Grantee must report and certify to Grantor by October 31st of each year the balance
of any unexpended indigent defense grant funds from the prior fiscal year grant plus any interest
earned on the advancement of the state grant funds in the previous fiscal year. Any funds from
the previous fiscal year contained in an approved extension of the previous fiscal year’s grant for
projects that will be completed after September 30, 2020 will be carried over into the current
fiscal year and shall not be considered unexpended funds, nor be included in the balance of
unexpended funds. The current fiscal year indigent defense grant funds advanced will be reduced
by the amount of unexpended funds from the prior fiscal year’s grant by reducing the 2nd and 3rd
disbursement equally.

An initial advance of 50% of the State Grant shall be made to the Grantee upon receipt by
the Grantor of a signed Agreement. The Grantor shall make subsequent disbursements of 25% up
to the total state grant amount in accordance with the following schedule:

Initial Advance of 50% of total grant – Within 15 days of receipt of executed agreement
25% disbursement – May 15, 2021
25% disbursement – August 14, 2021 (final payment).

The above schedule of disbursement of funds is contingent after receipt of quarterly

reporting as addressed in this section and section 1.5 of this document. Any disputed matters
shall not cause delay in remitting any disbursements or in issuing a grant contract and funds for
the next fiscal year. Disputed matters shall be acted on independently from undisputed matters.
The financial status report (FSR) report must be submitted on the form provided by the
MIDC/LARA and indicate:

Grant funds received to date;

Expenditures for the reporting period by budget category;
Cumulative expenditures to date by budget category;

The quarterly FSR must be supported and accompanied by documentation of those grant
funded expenditures incurred for the reporting period, including but not limited to:

• The general ledger for the restricted local indigent defense fund, including a
detailed expenditure report with all expenditure detail within the budget
categories, which must include documentation of payments to contract attorneys
either by individual invoice or by report of payments made, by attorney;
• All invoices related to experts and investigators;
• All invoices related to construction;
• Personnel detail including full-time equivalency of any grant funded positions,
including total compensation for that position;

Upon request, the Grantee shall provide the MIDC with additional
documentation/verification of expenditures under the grant within 30 days of the making of the
request. Any additional documentation/verification of expenditures shall not delay issuance of a
grant contract or grant disbursements. Documentation of expenditures shall be maintained
according to record retention policies for audit purposes in order to comply with this Agreement.
Grantee will be held to the full contribution of the Local Share within the original one-year grant
period.

The quarterly FSR as provided in Attachment D and standards compliance report as

addressed in Section 1.5, shall be provided in accordance with the following schedule:

Initial FSR and compliance report for 10/1/20–12/31/20 – January 31, 2021
2nd FSR and compliance report for 1/1/21-3/31/21 – April 30, 2021
3rd FSR and compliance report for 4/1/21-6/30/21 – July 31, 2021
Final FSR and compliance report for 7/1/21-9/30/21 – October 31,2021

1.5 Monitoring and Reporting Program Performance

A. Monitoring. The Grantee shall monitor performance to assure that time

schedules are being met and projected work is being accomplished.

B. Quarterly Reports. The Grantee shall submit to the Grantor quarterly progress
reports on compliance with the Standards and participate in follow up and evaluation
activities. Compliance reports include narrative responses containing a description of the
Grantee’s compliance with standards 1-4, identifying problems or delays, actual, real or
anticipated and any significant deviation from the approved Compliance Plan. The
grantee will use its best efforts to provide data relevant to assessing compliance as
contained in the compliance reporting template requested by MIDC. If Grantee is unable
to provide the information requested on the template, Grantee will demonstrate in writing
the steps taken to assess what information is currently available and how to retrieve
it. Grantee also agrees to work with MIDC Research staff to seek additional options or
ideas for the collection and retrieval of this information.
 PART II - GENERAL PROVISIONS

2.1 Project Changes

Grantee must obtain prior written approval for substantial changes to the compliance plan
from the Grantor.

2.2 Delegation

Grantee must notify the MIDC at least 90 calendar days before the proposed delegation
with reasonable detail of subgrantee and the nature and scope of the activities delegated. If any
obligations under this grant are delegated, Grantee must: (a) be the sole point of contact
regarding all contractual project matters, including payment and charges for all Grant activities;
(b) make all payments to the subgrantee; and (c) incorporate the terms and conditions contained
in this Grant in any subgrant with a subgrantee. Grantee remains responsible for the completion
of the Grant activities and compliance with the terms of this Grant.

2.3 Program Income

To the extent that it can be determined that interest was earned on advances of funds,
such interest shall be recorded in the Grantee’s restricted Indigent Defense fund and included in
the quarterly FSRs. The grant award shall not be increased by the amount of interest earned.
Any grant funds attributable to interest and not spent at the end of the grant period shall be
returned to the State or included in future grant awards from the MIDC consistent with MCL
780.993(15), as amended 12/23/18.

2.4 Share-in-savings

The Grantor expects to share in any cost savings realized by the Grantee in proportion of the
grant funds to the local share.

2.5 Purchase of Equipment

The purchase of equipment must be made pursuant to the Grantee’s established

purchasing policy and if not specifically listed in the Budget, Attachment B, must have prior
written approval of the Grantor. Equipment is defined as non-expendable personal property
having a useful life of more than one year. Such equipment shall be retained by the Grantee
unless otherwise specified at the time of approval.

2.6 Accounting

The Grantee must establish and maintain a restricted indigent defense fund in their local
chart of accounts to record all transactions related to the indigent defense grant. The restricted
fund will not lapse to the local general fund at the close of the Grantee’s fiscal year. The Grantee
shall adhere to the Generally Accepted Accounting Principles and shall maintain records which
will allow, at a minimum, for the comparison of actual outlays with budgeted amounts. The
Grantee's overall financial management system must ensure effective control over and
accountability for all indigent defense funds received. Accounting records must be supported by
source documentation of expenditures including, but not limited to, balance sheets, general
ledgers, payroll documents, time sheets and invoices. The expenditure of state funds shall be
reported by line item and compared to the Budget.

2.7 Records Maintenance, Inspection, Examination, and Audit

The State or its designee may audit the Grantee and the restricted indigent defense fund
account to verify compliance with this Grant. Grantee must retain, and provide to the State or its
designee upon request, all financial and accounting records related to the Grant through the term
of the Grant and for 7 years after the latter of termination, expiration, or final payment under this
Grant or any extension (“Audit Period”). If an audit, litigation, or other action involving the
records is initiated before the end of the Audit Period, Grantee must retain the records until all
issues are resolved.

Within 10 calendar days of providing notice, the State and its authorized representatives or
designees have the right to enter and inspect Grantee's premises or any other places where Grant
activities are being performed, and examine, copy, and audit all records related to this Grant.
Grantee must cooperate and provide reasonable assistance. If any financial errors have occurred,
the amount in error must be reflected as a credit or debit on subsequent disbursements until the
amount is paid or refunded. Any remaining balance must be reported by the Grantee to the
Grantor by October 31 of each year as required under the MIDC Act.

This Section applies to Grantee, any parent, affiliate, or subsidiary organization of Grantee, and
any subgrantee that performs Grant activities in connection with this Grant.

2.8 Competitive Bidding

The Grantee agrees that all procurement transactions involving the use of state funds
shall be conducted in a manner that provides maximum open and free competition, consistent
with Grantee’s purchasing policies. Sole source contracts should be negotiated to the extent that
such negotiation is possible. Attorney contracts, including managed assigned counsel contracts
for representation of indigent or partially indigent defendants, are exempt from a competitive bid
process, but must meet standard internal procurement policies, as applicable.
3.0 Liability

The State is not liable for any costs incurred by the Grantee before the start date or after
the end date of this Agreement. Liability of the State is limited to the terms and conditions of
this Agreement and the total grant amount.

3.1 Safety

The Grantee, and all subgrantees are responsible for insuring that all precautions are
exercised at all times for the protection of persons and property. Safety provisions of all
Applicable Laws and building and construction codes shall be observed. The Grantee, and every
subgrantee are responsible for compliance with all federal, state and local laws and regulations in
any manner affecting the work or performance of this Agreement and shall at all times carefully
observe and comply with all rules, ordinances, and regulations. The Grantee, and all subgrantees
shall secure all necessary certificates and permits from municipal or other public authorities as
may be required in connection with the performance of this Agreement.

3.2 Indemnification

Each party to this grant must seek its own legal representation and bear its own legal
costs; including judgments, in any litigation which may arise from the performance of this Grant
and/or Agreement. It is specifically understood and agreed that neither party will indemnify the
other party in any such litigation.

3.3 Failure to Comply and Termination

A. Failure to comply with duties and obligations under the grant program as set forth
in Public Act 93 of 2013, as amended, is subject to the procedures contained in
sections 15 and 17 of said Act.

B. Termination for Convenience

The State may immediately terminate this Grant in whole or in part without
penalty and for any reason, including but not limited to, appropriation or budget
shortfalls. If the State terminates this Grant for convenience, the State will pay all
reasonable costs, for State approved Grant responsibilities. If parties cannot agree
to the cost to be paid by the State, the parties shall attempt to resolve the dispute
by mediation pursuant to MCL 780.995. The Grantee’s duty to comply with
MIDC standards is limited to funding covering the cost of compliance as set forth
in section 17 of Public Act 93 of 2013, as amended.
3.4 Conflicts and Ethics

Grantee will uphold high ethical standards and is prohibited from: (a) holding or
acquiring an interest that would conflict with this Grant; (b) doing anything that creates an
appearance of impropriety with respect to the award or performance of the Grant; (c) attempting
to influence or appearing to influence any State employee by the direct or indirect offer of
anything of value; or (d) paying or agreeing to pay any person, other than employees and
consultants working for Grantee, any consideration contingent upon the award of the Grant.
Grantee must immediately notify the State of any violation or potential violation of this Section.
This Section applies to Grantee, any parent, affiliate, or subsidiary organization of Grantee, and
any subgrantee that performs Grant activities in connection with this Grant.

3.5 Non-Discrimination

Under the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101 to 37.2804,
and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq.,
Grantee and its subgrantees agree not to discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of employment, or
a matter directly or indirectly related to employment, because of race, color, religion, national
origin, age, sex, height, weight, marital status, partisan considerations, or a disability or
genetic information that is unrelated to the person’s ability to perform the duties of a
particular job or position. Breach of this covenant is a material breach of this Grant.

3.6 Unfair Labor Practices

Under MCL 423.324, the State may void any Grant with a Grantee or subgrantee who
appears on the Unfair Labor Practice register compiled under MCL 423.322.

3.7 Force Majeure

Neither party will be in breach of this Grant because of any failure arising from any
disaster or acts of god that are beyond their control and without their fault or negligence. Each
party will use commercially reasonable efforts to resume performance. Grantee will not be
relieved of a breach or delay caused by its subgrantees except where the Commission determines
that an unforeseeable condition prohibits timely compliance pursuant to MCL 780.993, Sec.
13(11).

4.0 Certification Regarding Debarment

The Grantee certifies, by signature to this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this Agreement by any federal or State department or agency. If
the Grantee is unable to certify to any portion of this statement, the Grantee shall attach an
explanation to this Agreement.
4.1 Illegal Influence

The Grantee certifies, to the best of his or her knowledge and belief that:

A. No federal appropriated funds have been paid nor will be paid, by or on behalf of
the Grantee, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan or cooperative agreement.

B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this grant, the Grantee
shall complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions.

C. The Grantee shall require that the language of this certification be included in the
award documents for all grants or subcontracts and that all subrecipients shall
certify and disclose accordingly.

The State has relied upon this certification as a material representation. Submission of this
certification is a prerequisite for entering into this Agreement imposed by 31 USC § 1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.

The Grantee certifies, to the best of his or her knowledge and belief that no state funds have been
paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting
to influence an officer or employee of any State agency, a member of the Legislature, or an
employee of a member of the Legislature in connection with the awarding of any state contract,
the making of any state grant, the making of any state loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any state
contract, grant, loan or cooperative agreement.

4.2 Governing Law

This Grant is governed, construed, and enforced in accordance with Michigan law,
excluding choice-of-law principles, and all claims relating to or arising out of this Grant are
governed by Michigan law, excluding choice-of-law principles. Any dispute arising from this
Grant must be resolved as outlined in Sec. 15 of PA93 of 2013, as amended.
4.3 Disclosure of Litigation, or Other Proceeding

Grantee must notify the State within 14 calendar days of receiving notice of any
litigation, investigation, arbitration, or other proceeding (collectively, “Proceeding”) that arises
during the term of the Grant against a public defender office, an attorney employed by a public
defender office, or an attorney contracted to perform indigent defense functions funded by the
Grantee that involves: (a) a criminal Proceeding; (b) a civil Proceeding involving a claim that,
after consideration of Grantee’s insurance coverages, would adversely affect Grantee’s viability;
(c) a civil Proceeding involving a governmental or public entity’s claim or written allegation of
fraud related to performance of the Grant; or (d) a Proceeding challenging any license that an
attorney practicing on behalf of a public defender office or an attorney practicing pursuant to a
contract to perform indigent defense functions for the Grantee is required to possess in order to
perform under this Grant.

4.4 Assignment

Grantee may not assign this Grant to any other party without the prior approval of the
State. Upon notice to Grantee, the State, in its sole discretion, may assign in whole or in part, its
rights or responsibilities under this Grant to any other party. If the State determines that a
novation of the Grant to a third party is necessary, Grantee will agree to the novation, provide all
necessary documentation and signatures, and continue to perform, with the third party, its
obligations under the Grant.

4.5 Entire Grant and Modification

This Grant is the entire agreement and replaces all previous agreements between the
parties for the Grant activities. Pursuant to the MIDC Act, the MIDC shall promulgate policies
necessary to carry out its powers and duties. The MIDC may also provide guides, instructions,
informational pamphlets for the purpose of providing guidance and information with regard to
the Grant and MIDC policies. This Grant Agreement supersedes all terms of MIDC policies,
guides, instructions, informational pamphlets and any other explanatory material that is in
conflict with the Grant Agreement. This Grant may not be amended except by a signed written
agreement between the parties.

4.6 Grantee Relationship

Grantee assumes all rights, obligations and liabilities set forth in this Grant. Grantee, its
employees, and agents will not be considered employees of the State. No partnership or joint
venture relationship is created by virtue of this Grant. Grantee, and not the State, is responsible
for the payment of wages, benefits and taxes of Grantee’s employees. Prior performance does not
modify Grantee’s status as an independent Grantee.

4.7 Dispute Resolution

The parties will endeavor to resolve any Grant dispute in accordance with section 15 of
Public Act 93 of 2013. The dispute will be referred to the parties' respective representatives or
program managers. Such referral must include a description of the issues and all supporting
documentation. The parties will continue performing while a dispute is being resolved, unless the
dispute precludes performance or performance would require Grantee to spend in excess of its
local share as defined by MCL 780.983(h).

5.0 Severability

If any part of this Grant is held invalid or unenforceable, by any court of competent
jurisdiction, that part will be deemed deleted from this Grant and the severed part will be
replaced by agreed upon language that achieves the same or similar objectives. The remaining
Grant will continue in full force and effect.

5.1 Signatories

The signatories warrant that they are empowered to enter into this Agreement and agree
to be bound by it.

_______________________________________ _________________
LeAnn Droste, Director Date
Bureau of Finance and Administrative Services
Department of Licensing and Regulatory Affairs
State of Michigan

________________________________________ __________________
Loren Khogali, Executive Director Date
Michigan Indigent Defense Commission
Department of Licensing and Regulatory Affairs
State of Michigan

_______________________________________ _________________
Karry Hepting, Administrator/Controller Date
St. Clair County

GRANT NO. 2021-19

Indigent Defense System Cost Analysis
Grant Year October 1, 2020 - September 2021

Funding Unit Name(s) St. Clair County DATE SUBMITTED: 7/14/2020

Calculation hours
Personnel Position and rate Total
Michael Boucher Public Defender Full time / 37.5 hrs 127,738.00
Frederick Lepley Chief Asst Public Defender Full time / 37.5 hrs 109,191.00
Joseph Kanan Senior Public Defender Full time / 37.5 hrs 100,953.00
Patrick Politano Senior Public Defender Full time / 37.5 hrs 93,336.00
Donald Sheldon Senior Public Defender Full time / 37.5 hrs 93,336.00
Randolph Martinek Senior Public Defender Full time / 37.5 hrs 93,336.00
TBD Senior Public Defender Full time / 37.5 hrs 89,746.00
Thomas Sarrine Asst Public Defender Full time / 37.5 hrs 79,785.00
David Kelley Asst Public Defender Full time / 37.5 hrs 79,785.00
Kelly Turner Asst Public Defender Full time / 37.5 hrs 65,578.00
TBD Asst Public Defender Full time / 37.5 hrs 79,785.00
TBD Asst Public Defender Full time / 37.5 hrs 79,785.00
TBD Asst Public Defender Full time / 37.5 hrs 79,785.00
TBD Asst Public Defender Full time / 37.5 hrs 79,785.00
Sandra Shankin Administrative Services & Complian Full time / 37.5 hrs 49,833.00
Janel Salgado Court Clerk III Full time / 37.5 hrs 46,073.00
Mary Macker Court Clerk III Full time / 37.5 hrs 46,073.00
Gary Bowser Court Clerk II Full time / 37.5 hrs 42,598.00
Brettany Kensley Court Clerk I Full time / 37.5 hrs 39,383.00
TBD Custodian 1 Part time / 28 hrs 24,163.00

Category Summary 1,500,047.00

Personnel Jusification - List all positions to be funded by the grant budget ( state grant/local share). Please * highlight all positions that are new personnel
requests for FY2021 and provide justification for need.

The office requires a Custodian to do regular cleaning and maintenance. We considered the possiblity of using an independent contractor to perform
office cleaning , however the County has experienced problems with theft when using such contractors in the past. Thus, the preference for the County is
to retain an employee to perform those duties in order to protect sensitive casefile information.

The County has a universal 8 step wage scale, that scale allows for a yearly step increase until the eighth step is reached. The County also factors in a 2%
wage increase for cost of living. Each employee is calculated individuallly, based on their classification and where each employee started on said wage
scale..

The 2021 budget requests funding for an additional Senior Public Defender and an additional Asst. Public Defender for the following reasons:

Th St t C t Ad i i t ti Offi tl bli h d it 2019 C l dR t I th 31 t Ci it C t th t t l l d f 1168 *

 The State Court Administrative Office recently published its 2019 Caseload Reports. In the 31st Circuit Court there was a total caseload of 1168 cases*.

Of those, the Circuit Court Administrator reports that they assigned 1130 of those cases to roster attorneys-determining that the Defendant was indeed
indigent.

MIDC Standard 6 (while not yet adopted) reiterates that workloads will be determined over time through special Michigan specific weighted caseload
studies. Until the completion of such studies, defender organizations, county offices, public defenders, assigned counsel, and contract attorneys should
not exceed the caseload levels adopted by the American Council of Chief Defenders – 150 felonies or 400 non-traffic misdemeanors per attorney per year.

Based on those metrics, with 4 Senior Attorneys expected to handle 150 felony cases annually, 600 of the 1080 cases would be accounted for. The Chief
and Chief Asst will handle a significant caseload as well. Presuming that atop their administrative responsibilities, each is likely able to manage a caseload
of 100 cases (some of which may include more heavily weighted Capital Cases which involve a significant investment of time) there would remain
approximately 200-300 cases unaccounted for with current staffing levels.

Likewise, the 72nd District Court reported 4600 cases (2177 Non Traffic Misdemeanors, 2431 Traffic Misdemeanors, 617 OWI Cases) The vast majority of
those cases are assigned indigent counsel. Moreover the current state of the economy in light of the COVID Crisis leads to a reasonable presumption that
more people will be requesting court appointed counsel in the coming months. Further, the Mental Health Court has requested that a Public Defender
particpate in their program, committing what appears for be a minimum of eight hours per week. That obligation, combined with the requirement that
staff attorney's daily conduct arraignments in Port Huron/ Marine City and at the Jail (including Sunday AM Arraignments) the Bureau of Justice Statistics
(BJS) estimates that between 60%-90% of criminal cases are deemed "indigent" thus, using the low end of that range, it can anticipated that there will be
2760 cases that qualify as indigent. If indeed, the economy continues to suffer as a result of the pandemic, it is not unreasonable to assume that the
number of inidgent cases will exceed 2760. Therefore, when one contemplates a total case range near to-- or potentially exceeding 3000 misdemeanors,
combined with daily arraignments in multiple courts (or at the County Jail) and satisfying Mental Health Court requirements, at least one additional
Assistant Public Defender is required.

The Office of the Public Defender again acknowledges that Standard 6 has not yet been adopted. However, if our objective is to provide an enhanced
level of representation to indigent defendants, proper staffing is critical to accomplish that end. A 2019 Rand Corporation Caseload study prepared for
the MIDC makes clear in its summary that where workloads rise uncontrollably-attorney's must make difficult decisions as to how to allocate their limited
time, a type of battlefield triage can take place in which all but the most mission critical, time sensitive tasks are ignored, with the result being that the
attorney routinely delivers just the minimum effort necessary to avoid ethical sanctions while hoping for a quick plea deal.

Fringe Benefits Percentage Amount

Employer FICA 6.20% 93,003.00
Retirement 8% 118,138.00
Employer Medicare 1.45% 21,750.68
Hospital Insurance $17940.00 per FT employee 340,860.00
Dental Insurance 0.00
Vision Insurance 0.00
Unemployment Insurance 0.08% 1,200.04
Workers Compensation 0.60% 9,000.28
Life Insurance 1,140.00
Other - Disability 1.00% 14,758.84
Employee Uniform (custodian) 100.00
Category Summary 599,950.84
Fringe benefits have been calculated to include the additional staff requested.

An increase of 5% has been calculated for insurance costs.

The County has a separate “fund” that pays for all insurance costs for all County employees. This insurance fund pays for the Life Insurance policy up
front, which is $32,670 for 2020. This policy is through Hartford Basic Life.

At the time the budget was put together, we had 648 full time positions eligible for life insurance. This equates to $50.42 per position annually. This cost
is divided by 26 payrolls.

Contractual

Calculation hours
Contracts for Attorneys Services Provided and rate Total
Contracts for Conflicts 70.00 per hr 291,667.00
Arraignment Attorney $32.05 @ 15 hrs weekly 25,000.00
Arraignment Attorney $32.05 @ 15 hrs weekly 25,000.00

Category Summary 341,667.00

Contract Attorney Justification - list all possible rate scenarios for attorney contracts that apply (i.e. hourly, event based, annual contract paid monthly)
and the type work whether generally indigent defense or specific like counsel at first appearance. Please * highlight rates or attorney line requests that
are a change from your FY20 approved contract and contract rates.

We are requesting funds to increase our roster attorney pay from $60.00 per hour to $70.00 per hour. We currently offer roster attorneys who provide
their services as CAFA a 3 hour minimum of $180.00 ($60 x 3). We have found this necessary in order to have enough attorneys to cover all District Court
arraignments. We will continue to use roster attorneys to assist our PD office in providing CAFA and plan to continue to provide the 3 hour minimum
guarantee. As we complete our staffing, we will handle most all CAFA responsibilities.

The 2021 request includes funding for a dedicated contract arraignment attorneys. The 72nd District Court has two locations, Port Huron and Marine
City where arraignments are conducted daily. Moreover, there are daily arraignments at the County Jail. As indicated in the request for personnel
funding, annual caseload figures support our position that staff attorney's serving misdemeanor clients will handle cases well in excess of the limits set
forth in proposed Standard 6. The requirement to be in three separate places daily, combined with regular caseloads support a request for a contract

Calculation hours
Contracts for Experts and Investigators Services Provided and rate Total
Investigators - TBD Invesigation Services 32,000.00
Experts Expert Services at MIDC guideline rates 80,000.00

Category Summary 112,000.00

 Experts and Investigators Justification - Provide explanation and justification if there are changes to the requested amounts for experts and investigators
from the FY20 approved contract along with an explanation if requesting to adjust the rates from your FY20's approved contract rates.

Kindly note that there is no request for a personnel position for investigator as it is our preference to maintain a roster of approximately 5-6 Investigators
to work as independent contractors.

Investigator Fees determined as follows: 15% of felony cases= 150 x 5 hours of investigative work at 70.00 per hour (150 x $350.00=$52,500.00)

Expert Fees are increased to reflect the premium charged to retain same. In consulting with our Regional Manager, I provided an example of one of my
Senior Staff Attorney's who advised that he would require both an Expert regarding Cellphone/Cellebrite Technology and a Toxicologist and we
determined that a rough estimate for two experts to review materials and analysis from State Police Experts and testify at trial as to their findings would
cost in the range of $7000.00. The current budget provides for a mere $10,000.00 allocated for experts, that sum is insufficient to properly challenge
evidence in difficult cases.

It is not unusual for an expert to charge several thousand dollars to review discovery and prepare reports and testify where required. Consultation with
experts is common in Capital Cases. In 2019 there were 40 Capital Cases resolved in the 31st Circuit Court. Because of the time and expense associated
with those types of cases, it has been estimated by the Circuit Court Administrator's Office that closer to 80% of those cases go to roster attorneys (and
will now go to the Public Defender). Moreover, it comes as no surprise to anyone doing criminal defense work that persons suffering from mental health
conditions constitute a significant percentage of cases annually. Submitting a Defendant for a Forensic Evaluation regularly results in a finding from the
Center for Forensic Psychiatry that the client is competent and/or criminally responsible. The cost for an independent evaluation to contest those
findings requires a minimum of $2500.00 for a review of the relevant discovery, a meeting with the client (generally three hours) and preparation of a
multi-page report. It should be noted that the sums for a independent psychiatric evaluation as set forth herein does not include testimony (which can
typically result in the expert billing for several additional hours plus travel time. The benchmark should not be what has been done historically (inasmuch
as Judge's would routinely deny requests for experts), but rather, whether the retention of experts will aid in the defense of a case.

Using those figures, if the Public Defender receives 32 of the 40 cases and is required to pay $3500.00 = $112,000.00. This of course says nothing of the
countless non-capital cases where an expert would be required to provide a meaningful defense. The sums allocated for experts to the 2021 Budget
would be made available to roster attorneys as well.

Contracts for Construction Projects Services Provided Calculation Total

Category Summary 0.00

Construction Project Justification - Provide as much detail as possible for the requested contruction project identifying the need for the construction
project, the component costs if possilble, whether an estimate or if you were provided a documented quote. Attach a separate document if needed.
Please attach the quote to the submission of the application.
Contracts Other Services Provided Calulation Total
Justiceworks defenderDATA $475.00 x 19 9,025.00
Dyke Security Alarm Monitoring 30.00 x 12 360.00
Shredding Extreme Shreds $7.00 x 12 84.00

Category Summary 9,469.00

Contracts Other Justification - Provide justification for all other contract costs associated with the local indigent defense system with a * highlight to new
request for FY21
We have chosen defenderDATA, as our case management system. Attorneys require access to work on their files and access same in Court or at Jail.
Clerks require access because they scan and enter letters, notices from the Court, perform basic case data access, uploading documents, propsoed
exhibits, notes, perform time tracking for attorney fees and general case updates. Supervisors also need access to monitor flags for in-custody and out of
custody defendants and for other compliance related data.

Equipment Vendor Calculation Total

Work Station Furniture Kerr Albert 1 x $4500.00 4,500.00
Computer/Licensing 3 x $1704.00 5,112.00
Fiber Network - Internet Connection Resa 1200.00 annually 1,200.00

Category Summary 10,812.00

Equipment Justification - Provide justification for new equipment requests for FY21.

We need 1 additional office (work station) to accommodate the additional attorneys we are requesting. We are seeking three additional staff members
(2 attorneys and 1 clerk), we will need computers and licensing for those new employees.

We need an internet connection (RESA).

Training/Travel Vendor Calculation Total

Trainer Costs TBD $75/hr x 24 hrs 1,800.00
Hotel for Trainer TBD 4 x $80 320.00
CDAM Regional Training CDAM $360 x 30 atty 10,800.00
Mileage Reimbursement 15,000.00
Housing/Meals/Mileage 5,500.00
Seminar hosting incidentals (In House Training) 700.00
Employee Dues/Subscriptions 6,810.00
SBM - $315 x 14 attorneys = $4410.00
SADO - $50 x 30 attorneys = $1500.00
NAPD - $30 x 30 attorneys = $900.00

Category Summary 40,930.00

Training and Travel Justification - Provide travel and training justification and *highlight new or changed requests for FY21
Suggested rates for training registration would be $30/hour; SADO membership is $50/year; NAPD membership is $30/year
 Suggested rates for training registration would be $30/hour; SADO membership is $50/year; NAPD membership is $30/year
Mileage reimbursement includes any travel for county employees outside of Port Huron, during the course of performing their job @ .58 per mile .I have
attached the county policy that dictates this expense with our plan renewal.

Supplies/Services Vendor Calculation Total

Contracted Stenographers 12,500.00
Witness Pay 10,000.00
Telephone 3,000.00
Postage 10,000.00
Printing - Letterhead, business cards, envelopes, forms 1,500.00
Westlaw 696.54 x 14 9,752.00
Jury Instructions Database 299.00
Repairs & Maintenance (copier maintenance, trash & elevator maintenance) 5,600.00
Zoom Pro 15.00 x 12 180.00
Utilities 2000.00 x 12 24,000.00
Rent 7000.00 x 12 84,000.00
Supplies 10,840.00
Janitorial supplies $235.00 x 12 = $2820.00
Copy paper $300.00 x 12 = $3600.00
Files $120.00 x 12 = $1440.00
Hanging files $60.00 x 12 = $720.00
Legal pads $47.00 x 12 = $564.00
Chair mats 4 x 90.00 = $360.00
Basic office supplies 2,003.00
Category Summary 173,674.00
Supplies Justification - Provide justification for supplies requests and *highlight new or changed requests for FY21.

Postage is calculated as follows: It is anticipated that the Public Defender's Office will be required to carry a caseload of 1000 felonies and 3000
misdemeanors annually. It can generally be expected that there would be 1) introductory correspondence 2) 2-3 Letters minimum for Notices for Court 3)
Miscellaneous Letters that memorialize plea offers etc. at 4000 cases per year at a rate in excess of .50 per mail item-multiplied by 4=$8,000.00
minimum. It should be noted that it is not unusual in a felony case for more correspondence to the client, including bulk mailings well in excess of
standard postage rates along with corrspondence to prosecutor, witnesses etc. Kindly note that Mental Health Court/Probation Violations and
Miscellaneous Matters represent the remaining $2000.00 of the request.

Westlaw has decreased from $14,000 to $9752.00.

Zoom has become an import tool during the COVID 19 pandemic and as such we feel we need a yearly membership for our office.

Our office is 10,000 sq feet and poorly insulated. Our current DTE bill is $600.00 per month without being fully staffed and without any idea as to the cost
to cool during warm weather months. Roughly 30% of the current staff that has been hired is in the office on a limited basis due to COVID-19. Taking into
account a full staff and the need for air conditioning in the summer we project our DTE bill will increase to no less than $1350.00 per month. Our Semco
bill is currently $250.00 per month, which will decrease in the summer but will increase to at least $600.00 per month in our estimation in the winter
months.We have not received a water bill, but after discussions with our landlord it apppears it will be roughly $150.00 quarterly.

We have leased space for our PD Office and the rent is $7000.00 per month.

Basic Office Supplies will include Time Stamp and Label Maker.
Budget Total 2,788,549.84
 DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET
VEHICLE AND TRAVEL SERVICES (VTS)
SCHEDULE OF TRAVEL RATES FOR CLASSIFIED AND UNCLASSIFIED
EMPLOYEES
Effective October 1, 2019
MICHIGAN SELECT CITIES *
Individual Group Meeting pre-arranged and approved
Lodging** $85.00 $85.00
Breakfast $10.25 $13.25
Lunch $10.25 $13.25
Dinner $24.25 $27.25

MICHIGAN IN-STATE ALL OTHER

Individual Group Meeting pre-arranged and approved
Lodging** $85.00 $85.00
Breakfast $ 8.50 $11.50
Lunch $ 8.50 $11.50
Dinner $19.00 $22.00
Per Diem $87.00
Lodging $51.00
Breakfast $ 8.50
Lunch $ 8.50
Dinner $19.00

OUT-OF-STATE SELECT CITIES *

Individual Group Meeting pre-arranged and approved
Lodging** Contact Conlin Travel Contact Conlin Travel
Breakfast $13.00 $16.00
Lunch $13.00 $16.00
Dinner $25.25 $28.25

OUT-OF-STATE ALL OTHER

Individual Group Meeting pre-arranged and approved
Lodging** Contact Conlin Travel Contact Conlin Travel
Breakfast $10.25 $13.25
Lunch $10.25 $13.25
Dinner $23.50 $26.50
Per Diem $97.00
Lodging $51.00
Breakfast $10.25
Lunch $10.25
Dinner $23.50
Incidental Costs (per overnight stay) $5.00

Mileage Rates
Premium Rate $0.580 per mile
Standard Rate $0.340 per mile

*See Select High Cost City Listing

**Lodging available at State Rate, or call Conlin Travel at 877-654-2179 or www.somtravel.com
 DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET
VEHICLE AND TRAVEL SERVICES (VTS)
SELECT HIGH COST CITY LIST
TRAVEL RATE REIMBURSEMENT FOR CLASSIFIED and UNCLASSIFIED EMPLOYEES EFFECTIVE
October 1, 2019

Michigan Select Cities / Counties

Cities Counties
Ann Arbor, Auburn Hills, Detroit, Grand Rapids, Grand Traverse
Holland, Leland, Mackinac Island, Petoskey, Oakland
Pontiac, South Haven, Traverse City Wayne

Out of State Select Cities / Counties

State City / County State City / County

Arizona Phoenix, Scottsdale, Sedona Maryland Baltimore City, Ocean City (Counties of
Montgomery & Prince Georges)
California Los Angeles (Counties Los Angeles,
Orange, Mendocino & Ventura) Massachusetts-Boston (Suffolk County), Burlington
Edwards AFB, Arcata, Cambridge, Woodburn Martha’s
McKinleyville, Mammoth Lakes, Vineyard
Mill Valley, San Rafael, Novato,
Monterey, Palm Springs, San Diego, Minnesota Duluth, Minneapolis/St. Paul (Hennepin
San Francisco, Santa Barbara, Santa and Ramsey Counties)
Monica, South Lake Tahoe,
Truckee, Yosemite National Park Nevada Las Vegas

Colorado Aspen, Breckenridge, Grand Lake, New Mexico Santa Fe

Silverthorne, Steamboat Springs,
Telluride, Vail New York Lake Placid, Manhattan (boroughs of
Manhattan, Brooklyn, Bronx, Queens
Connecticut Bridgeport, Danbury and Staten Island), Melville, New
Rochelle, Riverhead, (Suffolk County),
DC Washington DC, Alexandria, Falls Ronkonkoma, Tarrytown, White Plaines
Church, Fairfax (Counties of
Arlington & Fairfax in Virginia) Ohio Cincinnati
(Counties of Montgomery & Prince
George’s in Maryland) Pennsylvania (Bucks County) Pittsburgh

Florida Boca Raton, Delray Beach, Fort Rhode Island Bristol, Jamestown, Middletown,
Lauderdale, Jupiter, Key West Newport (Newport County), Providence

Georgia Brunswick, Jekyll Island Texas Austin, Dallas, Houston, LB Johnson

Space Center
Idaho Ketchum, Sun Valley
Utah Park City (Summit County)
Illinois Chicago (Cook & Lake Counties)
Vermont Manchester, Montpelier, Stowe
Kentucky Kenton (Lamoile County)

Louisiana New Orleans Virginia Alexandria, Falls Church, Fairfax

Maine Bar Harbor, Kennebunk, Kittery, Washington Port Angeles, Port Townsend, Seattle
Rockport, Sanford
Wyoming Jackson, Pinedale
 Department of Licensing and Regulatory Affairs
Michigan Indigent Defense Commission
FINANCIAL STATUS REPORT

1. Name and Address of Grantee 2. Funding Unit(s) 3. Grant Number 4. Grant/Contract Period
From: To:

5. Current Report Period 6. Amended Report 7. Total Grant Amount

From: To: YES NO State Grant
Local Share
Contracts
Salaries Contract Experts Supplies
8. Expenditure Categories Fringes Attorneys Investigators Construction Other Equipment Travel Training Services Total

9a. Expenditures for Report Period 10/1/19 -12/31/19 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

b. Expenditures for Report Period 1/1/20 - 3/31/20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

c. Expenditures for Report Period 4/1/20 - 6/30/20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

d. Expenditures for Report Period 7/1/20 - 9/30/20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

e. Total Expenditures to date $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

10 State Grant Advancements 11. Certified Local Share

a. Received this reporting period $0.00 a. Deposited to the local MIDC fund this reporting period $0.00
b. Received to date this grant year $0.00 b. Deposited to the local MIDC fund to date this grant year $0.00

12. Remarks 13. Certification: I certify that to the best of my knowledge and belief this report is 14. MIDC Approval
correct and complete and that all expenditures are for the purposes set forth in the
approved compliance plan and consistent with the grant contract and attachments. ___________________________________________________
Grant Manager's Signature Date

Authorizing Signature Date

___________________________________________________
Email State Office Admin. Signature Date
Position
Phone