Loading...
HomeMy WebLinkAboutResolutions - 2010.04.22 - 10011April 22, 2010 REPORT MR # 10075 BY: Human Resources Committee, Sue Ann Douglas, Chairperson RE: SHERIFF, PROSECUTING ATTORNEY — FISCAL YEAR 2010 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) BYRNE GRANT ACCEPTANCE — AND ADDITION OF FORFEITED VEHICLE AND OPERATING COST TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on April 14, 2010 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE Human Resources Committee Vote: Motion carried unanimously on a roll call vote April 22, 2010 MISCELLANEOUS RESOLUTION # 10075 BY: Publ;c Services Committee Jeff Potter, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY — FISCAL YEAR 2010 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) BYRNE GRANT ACCEPTANCE — AND ADDITION OF FORFEITED VEHICLE AND OPERATING COST To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan State Police awarded the Sheriff anc Prosecuting Attorney funding for the FY 2010 Narcotics Enforcement Team (NET) Byrne Grant Program; and WHEREAS the grant application requested $302,720 in funding, and the grant award is the same; and WHEREAS the State share of funding is $302,720, the County grant match is $302.720, and the balance of program funding of $112,693 will be derived from Sheriff and Prosecutor Drug Forfeiture Funds; representing total NET Byrne program budget of $718,133; and WHEREAS grant funding is for the period of October 1, 2009 through September 30. 2010; and WHEREAS the grant award will partially fund the continuation of two (2) SR Assistant Prosecutor III positions (#4010201-06386 & 37959), and one (1) SR Assistant Prosecutor IV position (#4010201-07207) which is and will continue to be under-filled with an Assistant Prosecutor II in the Prosecuting Attorney's Office: and WHEREAS in the Sheriff's Office the grant award will also continue partial funding of two (2) SR Sergeant posItions (#4030920-9829 and #4030920-9830); and WHEREAS with this award the Sheriff's Office is requesting the creation of one (1) SR Deputy II, and one (1) SR part-time non-eligible (PTNE) 1.000 hrs./year Office Assistant II to re-establish previous staffing levels; and WHEREAS the FY 2010 grant program is partially funded by Drug Forfeiture funds cf $50,608 from the Prosecutor's forfeiture account; and $56,085 from the Sheriff's forfeiture account; and WHEREAS this grant award has been processed through the County Executive's Contract Review Process and the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Oakland County NET Byrne Grant award for the period October 1, 2009 through September 30. 2010, in the amount of $605,440, which includes $302.720 of State allocation and $302,720 of GFGP County grant match. BE IT FURTHER RESOLVED that one (1) SR Deputy II position and one (1) SR PTNE 1,000 hr./year Office Assistant II position be created in the Sheriffs Office/Investigative & Forensic Services/Narcotics Enforcement Team (NET.) Unit and partially be funded by the grant award. BE IT FURTHER RESOLVED that the grant award will partially fund the continuation of two (2) SR Assistant Prosecutor III positions (#4010201-06386 & 07959), and one (1) SR Assistant Prosecutor IV position (#4010201- 07207) which is and will continue to be under-filled with an Assistant Prosecutor II in the Prosecuting Attorney's Office: and in the Sheriff's Office partially fund the continuation of two (2) SR Sergeant positions (#4030920-9829 and #4030920-9830). BE IT FURTHER RESOLVED that Drug Forfeiture Funds of $56.085 be transferred from the Sheriff's Drug Forfeiture account to partially fund two (2) current existing positions (#4030920-9829 and #4030920-9830) anc partially contribute towards the crealioii uf ie (1) new Deputy II position, and one (1) new PTNE Office Assistant II position. BE IT FURTHER RESOLVED that one (1) forfeited vehicle be added to the County fleet and associated operating cost totaling $6.000 be funded from the Sheriffs Drug Forfeiture account. BE IT FURTHER RESOLVED that total NET Byrne Program cost of $718.133 consists of $302,720 in State grant award funding; and $302.720 in GF/GP grant matching funds; and $112,693 in Drug Forfeiture Account funds, including $50,608 from the Prosecutor's forfeiture account; and $62,085 from the Sheriff's forfeiture account ($56.085 for positions, and $6.000 for the added vehicle expense). BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute tne grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award. which are consistent with the original application as approved. BE IT FURTHER RESOLVED that continuation of this program. including positions, is contingent upon continued grant and Drug Forfeiture Account funding. Chairperson. on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote GRANT REVIEW SIGN OFF — Sheriff, Prosecuting Attorney GRANT NAME: FY 20:0 Narcotics Enforcement Team (NET) FUNDING AGENCY: Michigan State Police DEPARTMENT CONTACT PERSON: Janet Minefield 248 858-2866 STATUS: Grant Acceptance DATE: March 10. 2010 Pursuant to Misc. Resolution #01320. please be advised the captioned grant materials have completed internal grant review. Below are the feturned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners Liaison COMIllittee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and tnis Sign Off email containing grant review comments) may be requested to be place on the appropriate Board of Commissioners' committce(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (3/3/2010) Department of Human Resources: Approved. -- Cathy ShaIlal (3/4/2010) Risk Management and Safety: Approved by Risk Management. — Julie Secentine (3/5/2010) Corporation Counsel: I reviewed the above-referenced Grant and, finding no legal issues, APPROVE the same on behalf of Corporation Counsel. Mary M. Mara (3/10/2010) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of the specifically ch-ed compliance related documents for this grant. Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and Budget Act - P.A. 533 of 2004" http:./www.le2isIature.micevtua31x2eltrnri5z55z2uiwv45)/milex? 0850 Single Single Audit Act of 1984 (with amendments in 1996) 'conb'fir:ant:jar/fin sinele audit.himl Federal Office of Management and Budget (OMB) Circular No. A-87, A-102, and A-133 hap::w v w. 1iW110thZe. 110 '0Mb irC Li;ars:i RdeX. ht1111 Lobbying Disclosure Act of 1995 (2 USC 1601) httr::'www.serinfe refremc:resources/pdfcontactin410465.pcif Anti-Lobbying - Section 503 (Public Law 104-208) http: ut.a.a;s.nib ups. f2rint:; uoide'notice-filez,not0 7-032,html Executive Order 12372 - Intergovernmental review of Federal programs NEW FISCAL YEAR BYRNE JAG GRANTS MAGIC INSTRUCTIONS rant Status — "Modifications Required": 1. Project Director - use your login and password to access MAGIC at www.michidan.gov/maqic. 2. At the main menu, scroll down to your FY10 grant (for renewal grantees, please make sure you are looking at the correct contract year). Note: Your application status should be 'modifications required: 3. Click on the shaded bar titled "modify application". Selecting this will open your "view application" screen. Note: After using the Modify Application button once, it will no longer be active. 4. In the dark blue box at the top of the "view application" screen, one of the options is "view comments". Click on this option, which will list the required revisions. 5. Return to your "view application" page and click on the appropriate category requiring the revision(s) (e.g., create/edit budget, etc.). 6. Until the modifications are submitted you can continue to modify by opening the View Application function. 7. When modifications have been completed, you will need to resubmit the application by clicking on the "submit application" button, located at the top of the 'view application" screen. Please notify our office, via email at JSP-CJarantsamichigan.qov, that your grant has been revised and is ready to be reviewed by our office. 8. If you have met the required modifications, the grant advisor will then move the status of your grant to "accept contract required". At that time, they will notify you via email of the change in status. 9. The project director should then follow the instructions below. Grant Status — "Accept Contract Required": 1. Congratulations, no modifications are required and you are ready to review the grant agreement! 2. Use your login and password to access MAGIC at www.michiearoovirnaqic. 3. At the main menu, scroll down to your FY10 grant (for renewal grantees, please make sure you are looking at the correct contract year). Note: Your application status should be "accept contract required." 4. Click on the shaded bar titled "contract history," 5. Click on "original contract". 6. The grant agreement will be created and viewed as a .pdf on your screen. 7. To print the grant agreement, please click on the printer icon. 8. After you have reviewed the grant agreement, contact your authorized official and ask them to follow the instructions below to accept the contract. Accenta nce Official ONL 1. The only person authorized to accept the grant agreement is the authorized official. They will need to use their login and password to access MAGIC at voArw.michigan.00vimaqic, 2. At the main menu, scroll down to your FY10 grant (for renewal grantees, please make sure you are downloading the correct contract year). Note: Your application status should be "accept contract required." 3. Click on "view application". At the top of the screen, the blue "accept contract" button will be active. When you are ready to accept the grant agreement, click on this button. Note: If your agency chooses not to accept the grant agreement, please contact our office at (517) 336-6323. Grant Funds Available: 1. Once the authorized official has accepted the grant agreement on behalf of the agency, our office will move the status of your grant to 'grant funds available". This indicates to you that your contract is now considered active with the State of Michigan. You should proceed with implementing your project. We look forward to working with you! ADM-205 (1112009) MICHIGAN STATE POL CB Budget, and Financial Se7.vices Division AUTHORITY; 1935 P.A 59: COMPLIANCE: Volantary Contract #: 21C72181 Grant Agreement Between Michigan State Police hereinafter referred to as the "Department" and County of Oakland 1200 N. Telegraph Rd. Pontiac, MI 48341 Federal i.D. #: 38-6004876 hereinafter referred to as the "Contractor" for N.E.T. - County of Oakland Oakland County Narcotic Enforcement Team (N.E.T.) Part I 1. Period of Agreement: This agreement shall commence on 13/1/2C09 and continue through 9/ 3 0/2:1C . This agreement is in full force and effect for The period specified. 2. Program Budget and Agreement Amount A. Agreement Amount The total amount of this agreement is $ ,6C5, 440 . The Department under the terms of this agreement will provide funding not to exceed $ 302,720 ,,. The federal funding provided by the Department is $ 302,72C or approximately .CC %; the Catalog of Federal Domestic Assistance (CFDA) number is 16.738 and the CFDA Title is 1.--:dwal.2 Byrne Memorial Justice .Asistarice Or the federal agency name is J.S.-Devartment of Justice, Bureau of Ju and the federal grant award number is 2 0 9- D..7-BX- 0086 . The federal program title is Byrne JAG State FY 2010 . The grant agreement is designated as a subrecipient relationship. The grant agreement is designated as: Not a Research and Development project. FY2010 Page 1 of 16 ADM-25 (11/209) rvlICHiGAN STATE POLICE Budget ird Firancial Services Division B. Eguipment Purchases and Title Any contractor equipment purchases supported in whole or in part through this agreement must be listed in an Equipment Inventory Schedule. Equipment means tangible, non-expendable, personal property having useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. Tne Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of title. C. Deviation Allowance A deviation allowance modifying an established budget category by 510,000 or 15%, whichever is greater, is permissible without prior written approval of the Department Any modification or deviations in excess of this provision, including any adjustment to the total amount of this agreement, must be made in writing and executed by all parties to this agreement before the modifications can be implemented. This deviation allowance does not authorize new categories, subcontracts, equipment items or positions not shown in the attached Program Budget Summary and supporting Program Budget Detail. 3. Purpose: The focus of the program is to: See Attachment 1. 4. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in Attachment 2, which is part of this agreement through reference. 5. financial Reporting Requirements: The agreed upon budget for this Agreement is referenced herein as Attachment 3. The financial reporting requirements shall be followed as described in Part II of this agreement and Attachment 4 which is part of this agreement through reference. The Financial Status Report (FSR) referenced herein as Attachment 5, must be submitted on a monthly basis, no later than thirty (30) days after the close of each calendar month. The FSR form and instructions for completing the FSR form are contained within the Michigan Automatic Grant Information Connection (MAGIC) system. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payment or the cancellation of your grant award. 6, Agagratakagagiaggriaatt Re uiremen s: The progress reporting methods, as applicable, shall be followed as described in Attachment 4 requirements, which is part of this agreement through reference. Progress reporting will take place no later than twenty (20) days after the end of each quarter through the federal Performance Measurement Tool (PMT) system located at: htts://www.biaperformancetools.orq. The twenty (20) day report will include performance on implementation. activity, goals and objectives as well as metrics specific to your program area. Failure to meet performance/programmatic reporting responsibilities as identified in this agreement may result in withholding future payment or the cancellation of your grant award. F'2010 Page 2 of 10 ADM-20501/200) WCHIGANSTATEPWCE Budget and Financia Services DivisKrt 7. General Provisions: The Contractor agrees to comply with the General Provisions outlined in Part II. which is part of this agreement through reference. 8. Administration of the Agreement: The person acting for the Department in administering this agreement (hereinafter referred to as the Contract Manager) is: Nancy Becker Bennett, Manager Grants Management Section Budget and Financial Services Division 714 S. Harrison Rd., East Lansing, MI 48823 Telephone: (517) 336-6310 Fax: (517) 333-2737 E-mail: beckernArnichiaan.gov 9. Special Conditions: A. This agreement is valid upon approval and execution by the Department. B. This agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the signing of this agreement. D. The Contractor is required by PA 533 of 2004 to receive payments by electronic funds transfer. 1 0. Special Certification The individual or officer electronically accepting this agreement certifies by his or her acceptance that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Contractor. Signature Section (if applicable}: For the CONTRACTOR Bill Bullard, Jr. Board cf Comicsioners - Chairman Name (Please OFT Tte The Authorized Official's typed name, in lieu of signature, represents the Contractor's legal acceptance of the terms of this Grant Agreement including Certifications and Assurances agreed to prior to application submission. PY2010 Page 3 of lE ADM-205 (11/2009) MICHIGAN STATE POLICE Budget and Financial Services Division Part II General Provisions Responsibilities - Contractor The Contractor in accordance with the general purposes and objectives of this agreement will: A. Publication Rights 1. Where activities supported by this agreement produce books, films, or other such copyrightabie materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the Department reserves a royalty-free, non- exclusive and irrevocable license to reproduce, publish and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 2. Any copyrighted materials or modifications bearing acknowledgment of the Department's name must be approved by the Department prior to reproduction and use of such materials. 3. The Contractor shall give recognition to the Department in any and all publications papers and presentations arising from the program and service contract herein by placing the following disclaimer on any and all publications papers and presentations: This project was supported by Byrne JAG grant #2009-DJ-BX- 0066, awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice (DOJ), and administered by the Michigan State Police (MSP). Points of view or opinions contained within this document do not necessarily represent the official position or policies of the MSP or DOJ. The Department will do likewise. B. Fees Make reasonable efforts to collect 1 5` and 3n1 party fees, where applicable, and report these as outlined by the Department's fiscal procedures. Any under-recoveries of otherwise available fees resulting from failure to bill for eligible services will be excluded from reimbursable expenditures, C. Program Operation Provide the necessary administrative, professional and technical staff for operation of the program. D. Reporting Utilize all report forms and reporting formats required by the Department at the effective date of this agreement, and provide the Department with timely review and commentary on any new report forms and reporting formats proposed for issuance thereafter. PY2010 Page 4 of 16 ADM-205 (11/2009) MICHIGAN STATE POLICE Budget and FinanzAl Serves DivIsion E. Record Maintenance/Retention Maintain adequate program and fiscal records and files, including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. Assure that all terms of the agreement will be appropriately adhered to and that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than three (3) years from the date of termination, the date of submission of the final expenditure report or until litigation and audit findings have been resolved. F. Authorized Access Permit upon reasonable notification and at reasonable times, access by authorized representatives of the Department, Federal Grantor Agency, Comptroller General of the United States and State Auditor General, or any of their duly authorized representatives, to records, files and documentation related to this agreement. to the extent authorized by applicable state or federal law, rule or regulation. G. Audits This section only applies to Contractors designated as subrecipients. Contractors designated as vendors are exempt from the provisions of this section. 1. Required Audit or Notification Letter Contractors must submit to the Department a Single Audit, Financial Statement Audit, or Audit Status Notification Letter as described below. If submitting a Single Audit or Financial Statement Audit, Contractors must also submit a Corrective Action Plan for any audit findings that impact Department-funded programs and management letter (if issued) with a response. a. Single Audit Contractors that expend $500,000 or more in federal awards during the Contractor's fiscal year must submit to the Department a Single Audit prepared consistent with the Single Audit Act Amendments of 1996, and Office of Management and Budget (OMB) Circular A-133, "Audits of States. Local Governments, and Non-Profit Organizations," as revised. b. Financial Statement Audit Contractors exempt from the Single Audit requirements that receive $500,000 or more in total funding from the Department in state and federal grant funding must submit to the Department a Financial Statement Audit prepared in accordance with generally accepted auditing standards (GAAS). Contractors exempt from the Single Audit requirements that receive less than $500,000 of total Department grant funding must submit to the Department a Financial Statement Audit prepared in accordance with -Y2010 Page 5 vf 16 ADM-205 (11i2D)9) MICHIGAN STATE POUCE Bodget a,nd Financial Services Division GAAS if the audit includes disclosures that may negatively impact Department-funded programs including, but not limited to fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. c. Audit Status Notification Letter Contractors exempt from both the Single Audit and Financial Statement Audit requirements (a. and b. above) must submit an Audit Status Notification Letter that certifies these exemptions (see Attachment 6). 2. Due Date and Where to Send The required audit and any other required submissions (e.g., Corrective Action Plan and management letter with a response), or Audit Status Notification Letter must be submitted to the Department within nine months after the end of the Contractor's fiscal year to; Michigan State Police Budget and Financial Services Division 714 S. Harrison Rd. East Lansing, MI 48823 Attn: Doug Spitziey 3. Penalty a. Delinquent Single Audit or Financial Statement Audit If the Contractor does not submit the required Single Audit reporting package, management letter (if issued) with a response, and Corrective Action Plan; or the Financial Statement Audtt and management letter (if issued) with a response within nine months after the end of the Contractor's fiscal year and an extension has not been approved by the cognizant or oversight agency for audit, the Department may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $200,000) until the required filing is received by the Department. The Department may retain the amount withheld if the Contractor is more than 120 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. The Department may terminate the current grant if the Contractor is more than 180 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit, FY2010 Page 6 of 16 ADM-2(15 (112C09) WCH1GAN STATE POLICE Budget and Finandal Services DiviSlan D. Delinquent Audit Status Notification Letter Failure to submit the Audit Status Notification Letter, when required. may result in withholding from the current funding an amount equal to one percent of the audit year's grant funding until the Audit Status Notification Letter is received. 4. Other Audits The Department or federal agencies may also conduct or arrange for ''agreed upon procedures" or additional audits to meet their needs. H. SubrecipientNendor Monitoring The Contractor must ensure that each of its subrecipients comply with the Single Audit Act requirements. The Contractor must issue management decisions on audit findings of their subrecipients as required by OMB Circular A-133. The Contractor must also develop a subrecipient monitoring plan that addresses "during the award monitoring" of subrecipients to provide reasonable assurance that the subrecipient administers Federal awards in compliance with laws, regulations, and the provisions of contracts, and that performance goals are achieved. The subrecipient monitoring plan should include a risk-based assessment to determine the level of oversight, and monitoring activities such as reviewing financial and performance reports, performing site visits, and maintaining regular contact with subrecipients. The Contractor must establish requirements to ensure compliance for for—profit subrecipients as required by OMB Circular A-133, Section .210(e), The Contractor must ensure that transactions with vendors comply with laws, regulations, and provisions of contracts or grant agreements in compliance with OMB Circular A-133, Section .210(f). Notification of Modifications Provide timely notification to the Department, in writing, of any action by its governing board or any other funding source that would require or result in significant modification in the provision of services, funding or compliance with operational procedures. J. Software Compliance The Contractor must ensure software compliance and compatibility with the Department's data systems for services provided under this agreement including, but not limited to: stored data, databases. and interfaces for the production of work products and reports. All required data under this agreement shall be provided in an accurate and timely manner without interruption, failure or errors due to the inaccuracy of the Contractor's business operations for processing dateitime data. I- v2910 Page 7 of ACM-205 0112009) MICHIGAN S 1ATE POLICE 5udget and Financial Services Division K. Human Subjects The Contractor agrees that prior to the initiation of the research, the Contractor will submit Institutional Review Board (IRB) application material for all research involving human subjects, which is conducted in programs sponsored by the Department or in programs which receive funding from or through the State of Michigan. to a federally assured 1RB for review and approval. All paperwork involving the IRB must be submitted to the Department, L. itirmaguaSaajailljarjagu Investigations or Char es If the Contractor or Contractor's Project Director becomes aware of a criminal or administrative investigation or charge that directly or indirectly involves Byrne JAG grant funds. the Contractor or Contractor's Project Director shall immediately notify the Department's Contract Manager, in writing, that such an investigation is ongoing or that a charge has been issued, peaponsibilities - Department The Department in accordance with the general purposes and objectives of this agreement will provide reimbursement in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Contractor. peciir%nr,AC iqAP Attachment 7: Certifications & Ass u rancesi The following assurances are hereby given to the Department: A. Compliance with Applicable Laws The Contractor will comply with applicable federal and state laws. guidelines, rules and regulations in carrying out the terms of this agreement. The Contractor will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grantiagreement principles, and audits in carrying out the terms of this agreement. B. Anti-Lobbvinc Act The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq. and Section 503 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies section of the FY 1997 Omnibus Consolidated Appropriations Act (Public Law 104-208). Further, me Contractor shall require that the language of this assurance be included in the award documents of all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. C. Non-Discrimination The Contractor hereby assures and certifies compliance with all appltable federal statutes, regulations, policies, guidelines, and LY2010 Page 8 of 16 ADM-205 MICHIGAN STATE POLICE 3Jdget and Financial Services Division requirements, including OMB Circulars A-21, A-57, A-102, A-110, A-122, A-133; Ex. Order 12372 (intergovernmental review of federal programs); and, 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements), The Contractor also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional. managerial, ard financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the general accounting office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61 and 63. 4. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 5. It will comply (and will require any subgrantees to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34): the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and, the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 6. If a governmental entity; a. It will comply with the requirements of the Uniform Relocatior. Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and, b. It will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of state or local Fv2010 Pa.ce 9 cf 16 ACM-205 (11/20M MICHIGAN STATE POLICE Pudget and Financial Se7vices Division government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. D. Debarment and Suspension Assurance is hereby given to the Department that the Contractor will comply with Federal Regulation, 2 CFR part 180 and certifies to the best of its knowledge and belief that it, its employees and its subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor: 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and; 4. Have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. E. Federal Repuirement: Pro-Children Act 1. Assurance is hereby given to the Department that the Contractor will comply with Public Law 103-227, also known as the Pro- Children Act of 1994, 20 USC 6081 et seq, which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract. loan or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, and Children (WIC) coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1.000 for each violation and/or the imposition of an administrative compliance order on the FY2010 Page 10 of 16 ADM-205 (1112009) MICHIGAN STATE P0 JOE Budget and Financial Services Division responsible entity. The Contractor also assures that this language will be included in any subawards which contain provisions for children's services. 2. The Contractor also assures, in addition to compliance with Public Law 103-227, any service or activity funded in whole or in part through this agreement will be delivered in a smoke-free facility or environment. Smoking shall not be permitted anywhere in the facility, or those parts of the facility under the control of the Contractor. If activities or services are delivered in facilities or areas that are not under the control of the Contractor (e.g., a mall. restaurant or private work site), the activities or services shall be smoke-free, F. Hatch Political Activity Act and Intergovernmental Personnel Act The Contractor will comply with the Hatch PoMeal Activity Act, 5 USC 1501-1508, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act, Public Law 95-454, 42 USC 4728. Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. G. Subcontracts Assure for any subcontracted service, activity or product: 1. That the Contractor will submit copies of all executed subcontracts within sixty (60) days of the execution of this contract. Subcontracts should cover all personnel contained in the "contractual" line item within the grant budget. Each listed agency shall have its own subcontract signed by the Contractor and an official of that jurisdiction. Failure to submit these documents to the Department within sixty (60) days may result in withholding future payment or other penalties, as determined by the Department. 2. That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions to this policy may be granted by the Department upon written request within thirty (30) days of execution of the agreement. 3. That any executed subcontract to this agreement shall require the subcontractor to comply with all applicable terms and conditions of this agreement. Including all Assurances in Part II. Section R and all Certifications and Assurances contained in Attachment 7. In the event of a conflict between this agreement and the provisions of the subcontract, the provisions of this agreement shall prevail. A conflict between this agreement and a subcontract, however, shall not be deemed to exist where the subcontract: a. Contains additional non -conflicting provisions not set forth in this agreement; F'2010 page, 11 of 1 a ADM-205 r 1(2009) VICIiIGAN STATE POLICE 5Joget and Filanial Services Divisior b. Restates provisions of this agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or c. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this agreement. 4. That the subcontract does not affect the Contractor's accountability to the Department for the subcontracted activity. 5. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. Procurement Assure that all purchase transactions. whether negotiated or advertised, shall be conducted openly and competitively in accordance with the principles and requirements of OMB Circular A-102 as revised, implemented through applicable portions of the associated "Common Rule as promulgated by responsible federal contractor(s), or 2 CFR, Part 215 (OMB Circular A-110) as amended, as applicable, and that records sufficient to document the significant history of all purchases are maintained for a minimum of three years after the end of the agreement period. 1. Health Insurance Portability and Accountability Act To the extent that this act is pertinent to the services that the Contractor provides to the Department under this agreement, the Contractor assures that it is in compliance with the Health Insurance Portability and Accountability Act (HIPAA) requirements including the following: 1. The Contractor must not share any protected health data and information provided by the Department that falls within HIPAA requirements except to a subcontractor as appropriate under this agreement. 2. The Contractor must require the subcontractor not to share any protected health data and information from the Department that falls under HIPAA requirements in the terms and conditions of the subcontract. 3. The Contractor must only use the protected health data and information for the purposes of this agreement. 4. The Contractor must have written policies and procedures addressing the use of protected health data and information that fails under the HIPAA requirements. The policies and procedures must meet all applicable federal and state requirements including the H1PAA regulations. These policies and procedures must include restricting access to the protected health data and information by the Contractors employees. 5. The Contractor must have a policy and procedure to report to the Department unauthorized use or disclosure of protected health FY2010 Page 12 16 ADM-205 (112009) MICHIGAN STATE POLICE Budget and Financial Services Division data and information that falls under the HIPAA requirements of which the Contractor becomes aware. 6. Failure to comply with any of these contractual requirements may result in the termination of this agreement in accordance with Part II, Section V. Agreement Termination. 7. In accordance with HIPAA requirements, the Contractor is liable for any claim, loss or damage relating to unauthorized use or disclosure of protected health data and information received by the Contractor from the Department or any other source. J. Non-Supplantinq (see AttachmenLL Certifications & Assurances1 The Contractor will comply with Federal requirements concerning non- supplanting. Funds must be used to supplement existing funds for program activities and not to replace those funds, which have been appropriated for the same purpose; potential supplanting will be the subject of application review, as well as pre-award review, post-award monitoring and audit. Supplanting means to deliberately reduce state or local funds because of existence of federal funds (e.g., when state funds are appropriated for a stated purpose and federal funds are awarded for that same purpose, the state replaces its state funds with federal funds, thereby reducing the total amount available for the stated purpose). IV. Financial Requirements A. Reimbursement Method This grant is reimbursement only. The Contractor must document that expenditures have been paid by local sources before requesting reimbursement from the grant. Reimbursement from the Department is based on the unde -standing that Department funds will be paid up to the total Department allocation as agreed to in the approved budget. Department funds are first source after the application of fees and earmarked sources unless a specific local match condition exists. B. Financial Status Report (FSR) Submission FSRs shall be prepared and submitted to the Department using the Michigan Automated Grant Information Connection (MAGIC) web site located at www.michigan.govimaeic. FSRs must be submitted on a monthly basis, no later than thirty (30) days after the close of each calendar month. The FSR form and instructions for completing the FSR form are contained within MAGIC. Failure to meet financial reporting responsibilities as identified in this agreement may result in withholding future payment. C. Reimbursement Mechanism All contractors must sign up through the on-line vendor registration process to receive all State of Michigan payments as Electronic Funds Transfers (EFT)/Direct Deposits, as mandated by PA 533 of 2004. FY2010 Page 13 of 16 ADV.:-2D5 (.1 .112009) M'.CHIGAN STATE POLICE Budyet and Firancnal Services Division Vendor registration information is available through the Department of Management and Budget's web site: http://eimv.cpexpress.state.mi.usi D. FigaLialaliaalions and FjnaJ§tatus Report Requirements 1. Obligation Report An Obligation Report, based on annual guidelines, must be submitted by the due date using the format provided by the Department's Accounting Division. The Contractor must provide an estimate of total expenditures for the entire agreement period. The information on the report will be used to record the Department's year-end accounts payables and receivables for this agreement. 2. Final FSRs Final FSRs are due sixty (60) days following the end of the fiscal year or agreement period for local units of government. State government agencies are required to submit the final FSR within thirty (30) days following the end of the fiscal year or agreement period. The final FSR can be found on the MAGIC system. Final FSRs not received by the due date may result in the loss of funding requested on the Preliminary Close Out Report or a potential reduction in the subsequent year's award. E. Unobliaated Funds Any unobligated balance of funds held by the Contractor at the end of the agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. V. Aweernent Termination The Department may cancel this agreement without further liability or penalty to the Department for any of the following reasons: A. This agreement may be terminated by either party by giving fifteen (15) days written notice to the other party stating the reasons for termination and the effective date. B. This agreement may be terminated on fifteen (15) days prior written notice upon the failure of either party to carry out the terms and conditions of this agreement, provided the alleged defaulting party is given notice of the alleged breach and fails to cure the default within the fifteen (15) day period. C. This agreement may be terminated immediately if the Contractor or an official of the Contractor or an owner is convicted of any activity referenced in Section III.D. of this agreement during the term of this agreement or any extension thereof. VI. Dna! Reportinq Upon Termination Should this agreement be terminated by either party, within thirty (30) days after the termination, the Contractor shall provide the Department with all financial, performance and other reports required as a condition of this agreement. The Department will make payments to the Contractor for allowable reimbursable Y2010 Page 4 of 15 ADM-205 (1112009; MICHIGAN STATE POLICE Budget and Financial Services Division costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. VII. Severability If any provision of this agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this agreement. Viii. Amendments Any changes to this agreement will be valid only if made through MAGIC and accepted by all parties to this agreement. Any change proposed by the Contractor which would affect the Department funding of any project, in whole or in part in Part I, Section 2.C. of the agreement, must be submitted in writing to the Department for approval immediately upon determining the need for such change. IX. Liability A. All liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor in the performance of this agreement shall be the responsibility of the Contractor, and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. B. All liability to third parties, loss, or damage as a result of claims. demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this agreement shall be the responsibility of the Department, and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the State, its agencies (the Department) or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this agreement. such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the State, its agencies (the Department) or their employees, respectively, as provided by statute or court decisions. frY231C Page 15 of ACM-205 (112009) MICHIGAN STATE POLICE Budget and Financial Services Divisim X. Conflict of Interest The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended. MCL 15.341 et seq, MSA 4.1700 (71) et seq. XI. State of Michigan Agreement This is a State of Michigan Agreement and is governed by the laws of Michigan. Any dispute arising as a result of this agreement shall be resolved in the State of Michigan. XII. Confidentiality Both the Department and the Contractor shall assure that medical services to and information contained in medical records of persons served under this agreement, or other such recorded information required to be held confidential by federal or state law, rule or regulation, in connection with the provision of services or other activity under this agreement shall be privileged communication, shall be held confidential, and shall not be divulged without the written consent of either the patient or a person responsible for the patient, except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals. rY2010 Page 16 of 16 ATTACHMENT 1 PURPOSE 72181-6-1C-9 The Oakland County Narcetc Enforcement Team war.' created to encourage cooperation between law enforcement dcpartments w -_thin southeast Michigan and other federal agencies in ar to apprehend and convict those involved in the use, sale and distribution of illegal drugs and narcotics. ATTACHMENT 2 STATEMENT OF WORK 72181-6-10-B The Oakland County Narcotic Enforcement Team (NET) is a multijurisdictional task force which is designed to integrate federal and local law enforcement agencies for the purpose of identifying, investigating, and prosecuting drug traffickers and to dismantle their organizations. In 1971, participating law enforcement agencies in Oakland County agreed to organize_ and support, on an inter-agency level, a task force known as the Oakland County Narcotic Enforcement Team. NET, currently under direction from the Oakland County Sheriff's Office, has officers from the DEA and Macomb County Sheriff's Office, and fourteen local police departments. The NET Advisory Board meets on a regular basis and helps set policy and direction to the NET task force. NET has also sent two deputies te two different DEA task forces. These task forces have local officers working together with CEA agents. The cooperation from participating in this croup is significant and has resulted in cases and conspiracy cases growing at NET. NET also has a working relationship with the the SONIC team. SONIC is comprised of officers from three western Oakland County police departments and an Oak1and County Sheriff deputy. NE: and SONIC worked together on many cases located in this part of the county. This strong cooperation from county, local, and federal departments and agencies is why NET is very effective in combating the drug problem in our area, NET will continue with the type of investigations and workload that have always been an integral part to NET'S success. For example, NET will have continued involvement with all local police departments and be responsive to their direct needs. This will enable NET to have stronger local ties and provide for better sharing of intelligence information. NET will continue with the operation of street level crews for undercover drug buys and investigations of street level dealers. NET has a conspiracy team where investigations can be turned over for development of investigations and arrests to disrupt and dismantle drug trafficking organizations. NET will continue with the operation of an interdiction team and will work closely with the FBI in identifying interstate and international couriers. NET is requesting the continuance of the three additional Oakland County Sheriff's Office officers. Two of these positions are for sergeants, one position is for a deputy on one of the street teams and we are asking for a PTNE position for an Office Assistant to assist our full time clerical in tracking and reporting NET statistics. These positions are crucial to the continued success of NET. The sergeants are needed because these positions are staffed with individuals who have many years of narcotics and investigative training. This continuation of what NET does best, the growing evolution of the NET team such as the addition of SONIC, and DEA should result in arrest and prosecution of higher level dealers and investigations of individuals who 'bring drugs into Oakland County from, ont-cf-state locations. The Oakland Ceunty Sheriff's Office will provide the Unit Commander, officers, and administrative positions. OCSCI will also provide investigative buy funds, confidential informant payments, phones, pagers, vests, vehicles, and all other equipment and supplies needed. The local departments will provide their officer's salaries, fringe benefits, and related overtime costs . NET will further develop a true partncren'lp between the Oakland County Sheriff's Office, all local police departments, and federal agenc:nas such as FBI, LEA, and ATF. The Oakland ATTACHMENT 2 STATEMENT OF WORK • County Sheriff's Office will take tne load role in the NT Unit, but will follow the direction of the NET Advisory Board which consists of all departments and agencies that provide a full-time officer to NET. NET plans to utilize all resourcs available, by working closely with the specialized units of the local police departments such as their undercover teams, vice units, and detective bureaus. NET will develop cases and informants with these u:-.its to ensure great success. NET will continue to work closely with the Oakland County Prosecutor's Office so that cases are developed and prosecuted to the fullest extent of the law. NET will also utilize more of the resources of the entire Oakland County Sheriff's Office and work with the officers at the various sub-stations to better understand localized drug problems. NET'S involvement and cooperation with the federal agencies, such as the FBI, PEA, ATP', and HTDTA, will increase under the OCSO leadership. It is NET'S plan to utilize all of these resources to the fullest. At the present time the NET commitment is as follows: Oakland county Sheriff's Office 1 :deutenant Tinit Comander 4 Sergeants -team leaders 6 Deputies - team members 1 auditor 1 secretazy 1 property room technician The Oakland County Sheriff's Office also provides the NET office, utilities, office equipment, supplies, phones, pagers, computers, cell phones, officer equipment, undercover vehicles, : raid van, buy money, investigative expenses, and informant fees. Additional full-time team members supplied by: Bloomfield Township Police Department Farmington Hills Police Department Ferndale Police Department Hazei Park Police Department Lathrup Village Police Department Macison Heights Felice Department Pontiac Police Department , Rochester Hills Royal Oak Police Department Southfield Police Departmert Troy Police Departme::t Waterford Township Police Debartment West Bloomfield Police Department Khite Lake Township Police Departmnht ATTACHMENT 2 STATEMENT OF WORK Macomb County Sheriff's Office DEA NET is continuing to interact with local police agencies to increase the possibility of other departments joining NET, Although Beverly Hills dnd Sterling Heights had to withdraw from NET due to financial constraints, White Ziake Township and the City of Rochester Hills have recently joined NET The Byrne grant positions are needed to keep NET at current level. The Narcotics Section of the Oakland County Prosecutor's Office is a specialized section developed and trained to not on:y pro$ccute the cases, but also to assist in the investigation of repeat and large-scale drug offenders. The members of the Narcotics Section of the Prosecutor's Office are on call 24 hours a day, 7 days a week, to assist law enforcement agencies including NET). This assistance includes search warrant preparation and fielding other legal issues that develop during the course of investigations. In addition to the most frequent issue of search and seizure, questions regarding the right to counsel, benefits of cooperation to informants, and sufficient probable cause to arrest, eften need to be answered on the spot. The prosecutors assigned to the section conduct training semina r s for various agencies on proper preparation of search warrants, preparation for court, informant use and changes in the law that affect investigation procedures and evidence collection. The Narcotics Section prosecutors instruct at the Oakland Police Academy. Additionally, the section's leader instructs at the United States Drug Enforcement Agency's Basic Narcotics School and the Michigan State Police Advanced Narcotics School. Special prosecutors also will be utilised to handle cases that present complex legal issues such as entrapment, conspiracy law, and the privilege of informant confidentiality, The Narcotics Section leader reviews every file where a narcotics charge is issued. The assessment of each offender allows the prosecution unit to target and track repeat offenders and mid-level and upper-level traffickers. Further, this allows cases requiring special attention such as complex conspiracies, racketeering, and death cases to be identified and vertically prosecuted. :t also allows the Section to pay special attention to file groups, which may contain cross-over defendants/informants. The ability to maintain control over files where defendants are also acting as informants is tantamount to successful prosecution of the cases where the informant becomes the key witness. The Narcotics Section prosecutors are in the forefront of attempting to criminalize EZP (1-Benzylpiperazine), which is a derivative form of MDMA (Methylenedioxymethamphetamine. commonly known as ecstasy). SZP is becoming more prevalent. It is currently scheduled under federal law. :t has similar effects as MDMA, yet currently under Michigan law, it is not a scheduled controlled substance. Through communication with state representatives and other prosecutors' offices around the state, the goal is to make it a felony to possess, deliver, or possess with intent to deliver this highly dangerous drug. Such efforts are lust one example of the need for a specialized unit in narcotics enforcement. The section members also handle narcotics related homicides including, but not limited to, delivery of controlled substances casing death. The Michicran Logislature hasenactso this statute to allow severe punishment for defendants who deliver certain controiled ATTACHMENT 2 STATEMENT OF WORK substances, which cause the death of the user. Such cases are often complex and time consuming. requiring special knowledge of the chain of distribution. However, the important messaee sent to defendants by willingness cf the Oakland County Prosecutor's Office to utilize the etatute to hold such defendants accountable for the life of another should peddling their poison cause a death, is one worth sending. From 2007 through 2009, investigations into several individuals for delivering controlled substances causing death were initiated. Each of the individuals was charged with thie fairly new offense carrying a maximum sentence of life in prison. Al: of the defendants were „convicted as charged either by plea or jury trial. We believe the ability to charge and successfully prosecute these cases is sending a strong message to offenders as to the potential consequences of their actions, the message is that if individuals are harmed by the product dealers are distributing, they will be held accountable for the harm caused. In 2007, an investigation, which led to a traffic stop and seizure of twelve kilograms of cocaine initially yielded two defendants. Through additional investigation by members of the Oakland County Prosecutor's Office Narcotics Section and other police agencies, a case was built on five defendants across state lines. After very lengthy pretrial motions, a jury trial resulted in convictions on life offenses for four out of the five defendants. In 2009, an inveetigation was begun into a family organization, which was believed to be distributing large amounts of cocaine in the Oakland County area. that investigation resulted in seven defendants being charged on eight-count Genera Information. Five of the seven defendants were charged with life offenses. All seven defendants were convicted either by pleas as charred or as a result of convictions by jury. This organization had ties to various gang activities in the past and clearly were continuing in their illegal activities. Severe-7, of the defendants were former violent offenders and one of the seven was on parole for Armed Robbery at the time of these offenses. While crack and powder cocaine sales remain steady in numbers, the use and therefore sales of heroin are increasing exponentially. This increase is extremely troubling given the inf:ux of fentanyl as a cutting agent or replacement for heroin. Feneanyl is extremely dangerous and has been connected to several deaths related to drug abuse. Special attention to cases involving fentanyl sales and use is necessary and time intensive. The rise in the abuse and sale of controlled substances obtained by prescription from licensed medical professicnals creates the need for lengthy and complicated investigations. In some instances, the medical professionals are involved in the illegal distribution of the prescriptions for controlled substances or the substances themselves. Dismantling medical offices involved in this type of criminality is of the utmost importance. Medical professionals aec held to a high standard of care and should be helping curb illegal substance abuse, not adding to it. The use and sales of Oxycodone is on the rise - attention to this trend is critical as this drug is highly addictive. The abuse of prescription drugs is increasing amongst our youth. Crushing and snorting Oxycontin is on the rise. Meehamphetamine labs are being located in Oakland County with increasing frequency. The need for the vertical prosecution unit to continuallv educate themselves on these ATTACHMENT 2 STATEMENT OF WORK extremely dangerc -rs dru7s and the manner in which they are being manufactured and transported is essential. Specialized knewledge of these operations is tantamount to effective prosecution and deterrence of further infiltration of labs into our county. The crime rate in the county seat, Pontiac, is rising with alarming soeed. The city's financial condition has resulted in extreme cuts in law enforcement personnel. The public and especially the criminals are aware of the police inatdlity to keep up with calls for assistance. This awareness oar lead to an influx into the city cf narcotics trafficking. The criminal element is aware of the crippling affect of the economic status on law enforcement. However, a joint, federal state and local task force has been put in place in order to help curb the increasing violence as a result of drug turf wars. This new task force is sure to bring to fruition a surplus of narcotics and narcotic related offenses. The anticipated increase will necessitate the addition of a prosecutor to a section which already carries an extreme case load. The Narcotics Section of the Oakland County Prosecutor's Office already conducts more trials than any other section in the office. This is due to the severe penalties faced by drug dealers and their financial ability to hire hig'n priced attorneys to defend their conduct. 119 turf wars emerge, it increases the power struggle, and therefore, the killings among even the smallest quantity dealers. The prosecution aspect cf this muitijurisdietional drug task force will continue to augment the funding for a special unit of four assistant drug prosecutors, one of whom will continue to be assigned to the Oakland County Citizens Grand Jury, when IT:paneled, in the investigation and prosecution of major druu traffickers. special assistant prosecutors will be assigned to vertically prosecute large- scale drug dealers, Vertical unit prosecutors are well versed in areas of law unique to the challenges brought forth in disInantlir:g large-scale drug operations. The assignment of one special assistant prosecuting attorney to the Oakland County Citizens Grand Jury, when impaneled, will impact narcotics trafficking organizations by assisting the Grand Jury in dismantling drug delivery networks and indicting those persons responsible for the distribution of large quantities of narcotics. Aggressive prosecution and a continued practice of minimal plea-bargaining create a reduction in toe rate of crime growth. ?his practice of the Oakland County Prosecutor's Office Narcotics Section facilitates police agencies in their ability to apprehend traffickers higher up in the chain of distri;oution. Defendants faced with the grim reality of substantial prison time are often willing to inform law enforcement of the identity of their suppliers in order to receive consideration for cooperation at sentencing. Having experienced trial attorneys in the Narcotics Section is essential. Defendants involved in narcotics trafficking have financial resources allowing them to hire experienced defense attorneys who are willing to fight every aspect of the case. The success of the Narcotics Section of the Oakland County Prosecutor's Office is in great part due to the experience and quality of attorneys assigned to the section. Maintaining that quality and experience leel requires continuing funding and salary increases for personnel. Currently, the section leader has been with the Oakland County Prosecutor's Office for over 17 years (specializing in narcotics for over 14 years). Two of the other members have each been with the office for over 7 years, The need for an additional attorney is clear as outlined above. These additions must be attorneys with experience able to handle the complexity of toe CdEC5 and stand firm against the caliber of defense ATTACHMENT 2 STATEMENT OF WORK attorneys we face on a daily basis. As law enforcement agencies (such as NET) become Tore and more effective in infiltrating drug organizations the number of cases requiring thu specialized attention of the vertical prosecution unit increases. Four assistant prosecutors are necessary to handle the volume and complexity of incoming cases. In past years the Byrne Grant has funded three positions and the county has funded the fourth. The county funding has terminated and therefore the heea for the Byrne Grant to fund the fourth position is essential to our continued success on the war on drugs and the violence that comes with it. The multijurisdictional task fcrce will continue to integrate this specialized prosecution unit with federal, state, and local law enforcement agencies through NET and the Oakland County Citizens Grand Jury (when i.mpanuled). Continuation of this special prosecution section depends upon the Pyrhe Grant award and county matched funds. ATTACHMENT 3 PROGRAM BUDGET SUMMARY MICHIGAN STATE POLICE BYRNE JUSTICE ASSISTANCE GRANT FY 2009 - 2010 View al 100% or Larger Use WHOLE DOLLARS OW PROGRAM DATE PREPARED Page I Of Oakland County Narcotic Enforcement Team 3/1/2010 1 I 71 CONTRACTOR NAME BUDGET PERIOD County of Oa:land From: 10/1/20Z! To: 9130/201 MAILING ADDRESS (Number and Street) BUDGET AGREEMENT AMENDMENT # 1200 N. Telegraph Rd. ORIGINAL D AMENDMENT IS CITY STATE ZIP CODE FEDERAL ID NUMBER Pontiac! MI 48341 3;3-6004876 EXPENDITURE CATEGORY TOTAL BUDGET 1. SALARIES &WAGES $229,105 $229,105 $458,210 I 2. FRINGE BENEFITS $73,615 $73,615 $147,230 3, TRAVEL , 4. SUPPLIES & MATERIALS 5. CONTRACTUAL (SubcontraGts/Subrecplents) , 6. EQUIPMENT . I 7. OTHER EXPENSES B. TOTAL DIRECT EXPENDITURES $302,720 $302,720 $605,440 (Sum of Lines 1-7) ' , 9. TOTAL EXPENDITURES $302,72C $302,720 $605,440 SOURCE OF FUNDS 13. STATE AGREEMENT $302,72C $302,720 11.LOCAL 53C2,720 $302,720 12. FEES & COLLECTIONS $0 $0 13. OTHER(S) $3 ro Y . -t 14. TOTAL FUNDING $302,720 $302,723 1 56C5,440 Rev. 11/09 DATE PREPARED AMENDMENT # ATTACHMENT 3 PROGRAM BUDGET COST DETAIL SCHEDULE MICHIGAN STATE POLICE FY 2009 - 2010 View at 100% or Larger Use WHOLE DOLLARS Onfy PROGRAM Oakland County Narcw=ic Enfcrcemunll Team CONTRACTOR NAME BUDGET PERIOD From: To: 1C/1/2009 I 9/20/20,0 BUDGET AGREEMENT DORIGINAL DAMENDMENT 1. SALARY & WAGES POSITIONS 1 POSITioN DESCRIPTION COMMENTS TOTAL SALARY REQUIRED Assiatat Pv-.›,s.17.:.rIg AttnItey III 2 $158,672 --I Sergeant $1S1,352 Assj.stant Fr n1 PccLc.:7..cy II 565,506 Veputy II 11 $64,604 FrIcE Dffa-,e i=LE;ii...-,tw-lt I: iJ $17,676 I 1. TOTAL SALARIES & WAGES: I 7 458,210 2. FRINGE BENEFITS (Specify) FICA OLIFE INS. IIDENTAL. INS. COMPOSITE RATE GaL/NEMPLOY INS. VISION INS. LVVORIE COMP. AMOUNT % ?RETIREMENT EHEARING INS. EDHOSPITAL INS. • OTHER (specify) 2. TOTAL FRINGE BENEFITS: $147,230 3. TRAVEL (Specify if category exceeds 10% of Total Expenditures) 3 TOTAL TRAVEL: SO 4. SUPPLIES & MATERIALS (Specify if category exceeds 10% of Total Expenditures) 4. TOTAL SUPPLIES & MATERIALS: $0 5. CONTRACTUAL (Specify Subcontracts/Subrecipients) Name Ad oress Amount 5. TOTAL CONTRACTUAL: E EQUIPMENT (Specify items) 6. TOTAL EQUIPMENT: $ C, 7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures) [ 7. TOTAL OTHER: . SC 8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1 -7) 8. TOTAL DIRECT EXPENDITURES: .:. 6 05 , 4 4 r, 9. TOTAL EXPENDITURES (Sum of lines 8 -9) U50 Additional Sheets as Needed $605,440 L Rev. 11/C:9 ATTACHMENT 4 PERFORMANCE I PROGRESS / PMT REPORT REQUIREMENTS A. The Contractor shall submit the following reports on the following dates: Quarterly progress reports are required on the 2Cth of the month following each quarter: First Quarter due January 20 ; 2010; Second Quarter due April 23, 2010; Third Quarter due July 20 ; 2C10; and Fourth Quarter due Cctober 23, 2010. All State of Michigar. Eyrne Justice Assistance Grant (Byrne JAG) grantees must use the federal Performance Measurement Tool (PMT) located on the web at: https://www.b1;aperformancetools.org/. The Michigan State Police (MSP) Grants Management Section will supply the project director with a login and password. The PMT report must also be attached to the MAG:C system by the above due dates. Instructions Financial Status Reports (FSR) must be submitted on a monthly basis, no later than thirty (30) days after the close of each calendar month. The FSR form and instructions for completing the FSR form are available :hroug'n MAGIC. B. Any such other information as specified in the Statement of Work. Attachment 2, shall be developed and submitted by the Contractor as required by the Contract Tvlanager. Rev. 14,02/09 C. The Contract Manager shall evaluate the reports submitted as described in Attachment 4, items A and B for their completenecs and arlegliary. D. The Contractor shall permit the Department or its designee to visit and to make an evaluation of the project as determined by Contract Manager. Rev. 11;12/09 FINANCIAL STATUS REPORT MICHIGAN STATE POLICE FY Attachment 5 Mail Code Contract Number Prograrn Code Contractor Name Project - Title Street Address ' Report Period Date Prepared Thru , - City. State. ZIP Code Agreement Period FE ID Number Thru .1 Reasons for Corrections: t Expenditures I Agreement — Category Previous Agreement Current Period Corrections _ _ Budget Balance • is 1, Salaries aria Wages _ 2. Fringe Benefits 3. Travel 4. Supplies & Materials 6. Contractual (Sub-Contracts) _ 6. Equipment _ 7, Other Expenses _ 8. TOTAL DIRECT _ -- 9. TOTAL EXPENDITURES . .. . , SOURCE OF FUNDS: _ 10. State Agreement 11. Local _ 12. Fees & Collections _ _ , 13. Others - _ - 14. TOTAL FUNDING I 1 — CERTIFICATION: I certify that I air adthonzed to sign on behalf of the grantee agency and that this is an accurate statement of exporxlitures and collections for the report period. Aopropriate documentation is available and will be maintained for the required period to support costs arid receipts reported. Project Director 1 Financial Director Telephone Number Telephone Number _ — FOR STATE USE ONLY _ AY INDEX PCA ' OBJ CODE AMOUNT 1 '( Source i 2nd Source , Rev. 11109 ATTACHMENT 6 AUDIT STATUS NOTIFICATION LETTER f Required for subrecipient contra:1ms claiming exemption from audit submission requirements) Please fill in the following information, sign after the statement below and mail this form to: Michigan State Police Budget and Financial Services Division 714 S. Harrison Rd. East Lansing. MI 48823 Attn: Doug Spitzley This form is due to the Department within nine months after the end of the Contractor's fiscal year. Please do not submit this form with your signed agreement. Agency Name: Address: Federal ID Number: For Agency's Fiscal Year Ended: (Month/Date/Year) Agency Contact Person: (Name, Title, Phone Number) The purpose of this letter is to comply with Michigan State Police (MSP) grant contract audit requirements. I certify that the agency listed above expended less than S500.000 in federal awards from all funding sources, and expended less than $500,000 total MSP funding. I also certify that our agency's financial statement audit did not include any disclosures related to current or prior years that could negatively impact MSP-funded programs. Therefore, we are not required to submit either a Single Audit or Financial Statement Audit to MSP. Signature Pr:nt Nainerrtle Date Rev. 11/12109 Attachment 7 CERTIFICATIONS AND ASSURANCES These certifications and assurances are applicable to all grantees ("Contractor') and all subcontractors of the awarded grantee. It is the grantee's (Contractor's) responsibility to ensure that subcontractors are adhering to the certifications and assurances. Failure to do so may result in termination of grant funding or other remedies. NON-SUPPLANTING: It is imperative that grantees/Contractors understand that the nonsupplanting requirement mandates that Byrne JAG funds may be used only to supplement (increase) a grantee's (Contractor's) budget and may not supplant (replace) state, local or tribal funds that a grantee otherwise would have spent on positions if it had not received a Byrne JAG award. This means that if your agency plans to; (a) Hire new positions (including filling existing vacancies that are no longer funded in your agency's budget): It must hire these additional positions on or after the official grant award start date, above its current budgeted (funded) level of positions. (b) Rehire personnel who have already been laid off (at the time of application) as a result of state, local, or tribal budget cuts: It must rehire the personnel on or after the official grant award start date, and maintain documentation showing the date(s) that the positions were laid off and rehired. (c) Maintain personnel who are (at the time of application) currently scheduled to be laid off on a future date as a result of state, local or tribal budget cuts: It must continue to fund the personnel with its own funds from the grant award start date until the date of the scheduled fay-off (e.g., if the Byrne JAG award start date is July 1 and the lay-off is scheduled for October 1, then the Byrne JAG funds may not De used to fund the officers until October 1, the date of the scheduled layoff), and maintain documentation showing the date(s) and reason(s) for tne lay-off. [Please note that as long as your agency can document the date that the lay-off(s) would occur if the Byrne JAG funds were not available, it may transfer the personnel to the Byrne JAG funding on or immediately after the date of the lay-off without formally completing the administrative steps associated w;th a lay-off for each individual personnel.] Documentation that may be used to prove that schedufed fay-offs are occurring for local economic reasons that are unrelated to the availability of Byrne JAG grant funds may include (but are not rimited to) council or departmental meeting minutes, memoranda, notices, or orders discussing the lay-offs; notices provided to the individual personnel regarding the date(s) of the layoffs: and/or budget documents ordering departmental and/or jurisdiction-wide budget cuts. These records must be maintained with your agency's Byrne JAG grant records during the grant period and for three years following the official closeout of the Byrne JAG grant in the event of an audit, monitoring or other evaluation of your grant compliance. STANDARD ASSURANCES: The grantee/Contractor hereby assures and certifies compliance with all applicable federal statutes, regulations, policies, guidelines, and requirements. including OMB Circulars A-21, A-87, A-102, A-110, A- 122, A-133: Ex. Order 12372 (intergovernmental review of federal programs): and, 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The grantee/Contractor also specifically assures and certifies that: 1. it has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federai share of project Rev: 11 i1M9 Page 1 of • cos') to ensure proper planning, management and completion of the project described in this application. 2. establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the general accounting office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial ass:stance. It will comply with all lawful requirements imposed by the awarding agency. specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61 and 63. 4. it will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 5. It will comply (and will require any subgrantees or Contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968(42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C, § 2000d): the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C, §§1681, 1683. 1685-86); and, the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 6. If a governmental entity: a. It will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and, h. It will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of state or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER PFSPrINSIRII rry MATTERS: AND DRUG-FREE WORKPLACE REQUIREMENTS: Grantees/Contractors should refer to the regulations cited below to determine the certification to which they are required to attest. Grantees/Contractors should also review iha instructions for certification included in the regulaticins before completing this form, Acceptance of this contract provides for compliance with certification requirements under 28 C.F.R. Part 69, ''New Restrictions on Lobbying" and 28 C.F.R. Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government- wide Requirements for Drug- Free Workplace (Grants)." LOBBYING: As requirec by Section 1352. Ttle 31 of the U.S. Code, and implemented at 28 C.F.R. Part 69, for persons entering into a grant or cooperative agreement over 8100,000, as defined at 28 C.F.R. Part 69, the grantee/Contractor certifies that: 1. No federal appropriated funds have been paid or wiil be paid, tay or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative Rev. 11110/09 Page 2 of 5 agreement, and the extension, continuation. renewal, amendment, or modification of any federal grant or cooperative agreement; 2, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant or cooperative agreement, the grantee shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Acterities," in accordance with its instructions; and, 3. The grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 12PcPCINSIRIf ITY MATTERS (DIRECT RECIPIENT): As required by Executive Order 12549, Debarment anc Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510: 1. The grantee/Contractor certifies that it and its principals; a. Are not presently debarred, suspended, proposed for debarment, eeciared sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and, d. Have not within a three-year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default, DRUG-FREE WORKPLAC%(iiifiS OTHER THAN INDIVIDUALS): As required by the Drug-Free Workplace Act of 1988, and implemented at 28 C.F.R. Part 67. Subpart F. for grantees, as defined at 28 C.F.R. Part 67 Sections 67.615 and 67.620. The grantee/Contractor certifies that it will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture. distribution, oispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an on-going drug-free awareness program to inform employees about: a The dangers of drug abuse in the workplace: b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and. d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. Rev. 11110109 Page 3 of 5 • e• 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). 4. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee wil : a. Abide by the terms of the statement; arid, b. Notify the employer in writing of Ns or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. Notifying the agency. in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, Attn: Control Desk, 633 Indiana Avenue, NW,, Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant. 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: a Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or, b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace. UNALLOWABLE EXPENSES AND ACTIVITIES: • Construction costs and/or renovation (including remodeling). • Costs in applying for this grant (e.g., consultants, grant writers, etc.). • Any expenses incurred prior to the date of the contract. • indirect costs rates or indirect administrative expenses (only direct costs permitted). • Any administrative costs not directly related to the administration of this Byrne JAG award. • Lobbying or advocacy for particular legislative or administrative reform. • Legal fees. • First class travel. • One-time events, prizes, entertainment (e.g., lours, excursions, amusement parks, sporting events). • Management or administrative training, conferences (only pre-approved project related training). • Management studies or research and development (costs related to evaluation is permaled). • Honorariums. • Fines and penalties. • Fund raising and any salaries or expenses associated with it, • Purchase of Lana. • Losses from uncollectibie bad debts. • Memberships and agency dues, unless a specific requirement of the project (prior approval required). • Contributions anc donations. • Compensation to federal or state employees fpr travel or consulting fees. • Military type equipment such as armored vehicles, explosive devices, and other items typically associated with the military arsenal. • Informant fees, rewards or buy money. • Vehicles, vessels or aircraft. Rev. 11/10:09 P2ge o' 5 p I juA CONDITIONS ON EXPENSES: Costs must be reasonaole and necessary. If required by the parent agency, costs must be sustained by competitive bids. All contracts and subcontracts require prior approval by the Department. If detailed information is not included as part of the application process, the grantee must submit a request seeking approval once the subcontractors are identified, Individual consultant fees are limited to $450 (excluding travel, lodging and meal costs) per day, which includes legal, medical, psychological and accountant consultants. If the rate will exceed $450 for an eight-hour day, written approval is required from the Department. Compensation for individual consultant services is to be responsible and consistent with that paid for similar services in the market place. Food and beverage costs require prior written approval. The written proposal must include a working agenda of planned activity. Breakfasts and dinners will generally not be paid. PROGRAM INCOME: The Department of Justice regulations allow grantees/Contractors to keep funds (program income) derived from grant activities, so long as these funds are used for the same purposes as tne grant project. In the absence of such regulations, these funds would be required to be returned to the Department of Justice. Asset forfeiture and lab fees are the most prominent program income derived from grant activity. Department of Justice regulations require that program income be held in the custody of a governmental entity, with reporting on those funds to the state agency administering the Byrne Justice Assistance Grants. Where applicable, Program Income Reports are to be filed quarterly, and are attached to the supplied Quarterly Progress Reports. • a1 QQ1P.1Z1&=1.9_COURTS ONI_ : The Contractor agrees that funds awarded under this grant will not be used to support any inherently religious activities, such as worship, religious instruction or proselytization. If the Contractor refers participants to, or provides, a non-federally funded program or service that incorporates such religious activities. (1) any such aavitles must be voluntary for program participants, and (2) program participants may not be excluded from ParticipatioR in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non-federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program participants, the grantee agrees to identify and refer participants who object to the inherently religious activities of such program or service to, or provide, a comparable secular alternative program or service. Rev. 11)10,1J9 Page 5 of 5 Amended Adjust- Adjusted FY 2010 ment FY 2010 $ 62,085 $ 62,085 50,608 50,608 $112,693 $ 112 693 ($302,720) ($302,720) 201,968 201,968 213,445 213 ,445 $112,693 $ 112,693 $ 76,841 76,842 147,001 334,370 $ 635,054 $ 143,214 80,629 164,765 92,762 98,326 55,358 $ 635,054 $ 74.519 $ 151,360 74,518 151.360 66,444 213.445 ( 132,402) 201,968 $ 83,079 $ 718,133 $ 90,616 $ 233,830 44,345 124,974 ( 5.893) 158.872 ( 1.458) 91.304 ( 32.820) 65.506 ( 17711) 37.647 6,000 6,000 $ 83,079 $ 718,133 FINANCE COMMITTEE FISCAL NOTE 4,.#10075 April 22, 2010 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY - FISCAL YEAR 2010 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) BYRNE GRANT ACCEPTANCE - AND ADDITION OF FORFEITED VEHICLE AND OPERATING COST 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 Prosecuting Attorney and Sheriff have been awarded grant funds in the amount of $605.440 (same amount as requested in the application) for the Fiscal Year 2010 Byrne Memorial Grant for the Oakland County Narcotics Enforcement Team (NET). 2 The State contribution is $302,720 and County grant match is $302,720. The County match is included in the Fiscal Year 2010 Non-Departmental Grant Match line item. 3. The total program funding is $718,133, which includes the grant award of $302,720, the County grant match of $302,720, $62,085 from the Sheriff Department NET Forfeitures account (4030901-110040- 222430), and $50,608 from the Prosecutor Department Forfeiture account (4010101-123030-222440). 4. The grant award continues funding for three (3) SR Assistant Prosecutors (position #4010201-06386, #07207, & #07959) and two (2) SR Sergeant positions (#4030901-09829, and #09830) in the Sheriff's Office 5. In addition, with this award, one (1) new SR Deputy II and one (1) new SR Office Assistant ll positions will be created in the Sheriffs Office. 6. This grant award also authorizes the addition one (1) forfeited vehicle and $6,000 of associated operating cost be added to the County fleet, funded from the Sheriffs Drug Forfeiture account. 7. The grant period is October 1, 2009 through September 30, 2010. 8. A budget amendment to the Fiscal Year 2010 Adopted Budget is recommended as follows: GENERAL FUND #10100 Revenue 4030901-123030-670285 Ennancement Fds 4010101-122080-670285 Enhancement Fds Total General Fund Revenue Expenditures 9090101-196030-730800 Grant Match 4010201-122080-788001-27320 Transfers Out 4030901-110090-788001-27320 Transfers Out Total General Fund Expenses GRANT FUND #27320 Project GR #0000000146, Activity A, Analysis Type GLB Budget Ref 2010 Revenue 4010201-122080-610313 Grants Federal 4030901-110090-610313 Grants Federal 4030901-110090-595500-10100 Trfrs In Sherf 4010201-122080-695500-1 0100 Trfrs In Pros Total Grant Fund Revenue Expenditures 4030901-110090-702010 Salaries 4030901-110090-722740 Fringe Benefit 4010201-122085-702010 Salaries 4010201-122085-722740,Fringe Benefit 4010201-122080-702010 Salaries 4010201-122080-7227401ringe Benefit 4010201-122080-776659yotor Pool Fuel Total Grant Fund Expenditures FINANCE COMMITTEE Motion carried unanimously on a roll call vote, Resolution #10075 April 22, 2010 Moved by Long supported by Woodward the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). i HEREBY APPROVE THE FOREGOING RESOLLTiT_ ACTING PURSUANT TO 17 A 129 STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 April 22, 2010, 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 22nd day of April, 2010. eat Ruth Johnson, County Clerk