HomeMy WebLinkAboutResolutions - 2010.11.03 - 10262Public Services Committee Vote: .... --
Motion carried unanimously on a roll call vote with Zack absent
November 3, 2010
MISCELLANEOUS RESOLUTION#10288
BY: Public Services Committee, Jim Runestad, Vice -Chairperson
IN RE: SHERIFF, PROSECUTING ATTORNEY - FISCAL YEAR 2011 OAKLAND COUNTY
NARCOTICS ENFORCEMENT TEAM (NET) BYRNE GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan State Police awarded the Sheriff and Prosecuting Attorney funding for the FY
2011 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 $302,72C. and the balance
of program funding of $149.764 MI be derived from Sheriff and Prosecutor Drug Forfeiture Funds:
representing total NET Byrne program budget of $755,204: and
WHEREAS grant funding is for the period of October 1, 2010 through September 30, 2011; and
WHEREAS tne grant award will partially fund the continuation of two (2) full time eligible (FTE) SR
Assistant Prosecutor III positions (#4010201-06386 & 07959). and one (1) FTE SR Assistant Prosecutor
IV position (#4010231-07207) which is under-filled with an Assistant Prosecutor II in the Prosecuting
Attorney's Office: and
WHEREAS in the Sheriffs Office the grant award will also continue partial funding of two (2) FTE SR
Sergeant positions (#4030920-09829 and #4030920-09830), one (1) FTE SR Deputy II (#4030920-
10933) position, and one (1) SR part-tme non-eligible (PINE) 1.000 hrs./year Office AssIstant II
(#4030920-10931) position; and
WHEREAS the FY 2011 grant program is partially funded by Drug Forfeiture funds of $82,624 from the
Prosecutor's forfeiture account; and $67,140 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, 2010 through September 30. 2011, in
the amount of $302,720_
BE IT FURTHER RESOLVED that the grant award will partially fund the continuation of two (2) SR FTE
Assistant Prosecutor III positions (#4010201-06386 & 07959), and one (1) SR FTE Assistant Prosecutor
IV position (#4010201-07207), which is under-filled with an Assistant Prosecutor II in the Prosecuting
Attorney's O`fice.
BE IT FURTHER RESOLVED that two (2) FTE SR Sergeant positions (#4030920-09829 and #4030920-
09830). one (1) FTE SR Deputy II position (#4030920-10930), and one (1) SR PINE 1,000 hr./year
Office Assistant II position (#4030920-10931) be continued in the Sheriff's Office/Investigative & Forensic
Services/Narcotics Enforcement Team (N.E.T.) Unit and partially be funded by the grant award,
BE IT FURTHER RESOLVED that Drug Forfeiture Funds of 382.624 be transferred from the Prosecuting
Attorney's Drug Forfeiture account to partially fund the three (3) current existing posWons: and $67.140
be transferrec from the Sheriff's Drug Forfeiture account to partially fund the four (4) current existing
positions,.
BE IT FURTHER RESOLVED that total NET Byrne Program funding of $755.204 consisting of $302,720
Li State grant award funding: and $302,720 in GF/GP grant matching funds: and $149.764 in Drug
Forfeiture Account funds, including $82,624 from the Prosecutor's forfeiture account: and $67,140 from
the Sheriff's forfeiture account be accepted.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the 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
Please Note: Janet Whitefield has been in contact with the State regarding Fisk Management's
requested changes. The agreement is fine as modified per the State, since we don't have any
subcontractor funding.
GRANT REVIEW SIGN OFF — Sheriff, Prosecuting Attorney
GRANT NAME: FY 2011 Narcotics Enforcement Team (NET)
FUNDING AGENCY: Michigan State Police
DEPARTMENT CONTACT PERSON: Janet Whitetield 248 858-2866
STATUS: Grant Acceptance
DATE: October 18, 2010
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal
grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners
Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off
email containing grant review comments) may be requested to be place on the appropriate Board of
Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (10/7/2010)
Department of Human Resources:
Approved. — Cathy Shallat (10/12/2010)
Risk Management and Safety:
Approved by Risk Management subject to the following modification being made to the contract:
Amend Contract #201172181
FY2010 NET Grant Agreement:
Page 15,
Item IX.
Liability,
Item 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, trrrrstritrtretert
anyone directly syi—iffdiret-t-tr employed by the Contractor, provided that nothing herein shall be construed as a
waiver of the governmental immunity that has been provided to the Contractor or its employees by statute or court
decisions. — Andrea Plotkowski (10/14/2010)
Corporation Counsel:
[reviewed the above-referenced grant acceptance and APPROVE the same on behalf of Corporation Counsel. —
Mary M. Mara (10/12/2010)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of the
specifically cited compliance related documents for this grant.
Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and Budget Act
'PA, 533 of 2004" tittp±/wvv'wgisIature.mi.ovi(tiq3lxzeltinrj5z55z2uiwv45)/rnileg.aspx? pagenetObject&objeciNarre=2003-SB-0850
Single Audit Act of 1984 (with amendments in 1996)
http://www.whiteliouse voviomb/financialifiruiv,,le_audit.html
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AUTHORITY: 1935 PA 59.
COMPLIANCE: VolLotary
Contract #: 201172181
Grant Agreement
Hereinafter referred to as the "Agreement"
Between
Michigan State Police
hereinafter referred to as the "Department"
and
County of Oakland
1200 N. Tele9rap17
Pontiac, MI 48341
Federal I.D.#: 38 -6004876
hereinafter referred to as the "Contractor"
for
J.E:. T. - County of Oakland
0.3k1arld Cointy 2,,TarcOtic 3nforcernent 7earn (NE.T .
Part I
1. Period of Agreement: This Agreement shall commence on 10_,/1/ 2010 and continue
through 9/30/2011 This Agreement is in full force and effect for the period
specified. All projects must be initiated within 60 days of the start date of this
Agreement.
2. Program Budget and Agreement Amount:
A. Agreement Amount
The total amount of this Agreement is $ 505,4 , including federal funds
and required local match. The Department under the terms of this Agreement
will provide federal pass-through funding not to exceed 302 72C . The Catalog
of Federal Domestic Assistahce (CFDA) number is :6-738 and the CFDA
Title is Formia Edward Byrne Juvr.ice Assistance Grant ; the
federal agency name is
U.S. LX::partment at Ju8tice, Bureau cf Justice Assisance and
the federal grant award number is 2010 -D0 -DX -00 . The federal program
title is Byrne JAG state FY 2011 The Agreement is designated as a
subrecipient relationship.
The Agreement is designated as:
E Not a Research and Development project.
B. Equipment Purchases and Title
1. Any contractor equipment purchases supported in whole or in part
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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 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. The 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.
2. All purchases supported in whole or in part through this
Agreement must use procurement procedures that conform to the
Contractor's local requirements.
C. Budget or Statement of Work Changes
Any budget or statement of work changes requires a formal Amendment
through the Michigan Automatic Grant information Connection (MAGIC)
e-grant system. Budget deviation allowances are not permitted.
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.Financiat Requirements: The financial requirements shall be followed as
described in Part II of this agreement and Attachment 3 which are 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.
a. The Financial Status Report (FSR) referenced herein as Attachment 5.
must be submitted on a monthly basis, no later than 30 days after the
close of each calendar month. The FSR form and instructions for
completing the FSR form are contained within the 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.
b. FSR's must be submitted for each month of the Agreement once a
contract has been signed and accepted. regardless of when this occurs.
Reimbursement requests that include more than one month's
expenditures will not be granted and will be returned to the Contractor for
correction and resubmission.
6. Performance/Progress/NWT Report Requirements:: 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 20 days after the end of each quarter
through the federal Performance Measurement Tool (PMT) system located at.
tit.LtPliwww boeert.errianc:,etools,o -c. If applicable, another report also due no
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later than 20 days after the end of each quarter must be submitted that 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.
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
Michigan State Police
Grants Management Section
333 S. Grand Avenue, 5 th Pl,
P.O Box 30634
Lansing. Ml 48909-0634
Telephone: (517) 373-2952
Fax: (517) 241-1081
E-mail: beck•rnrT hgjovlc
9. Special Conditions:
A. This Agreement is valid upon approval and execution by the Department.
6. 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.
10. 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.
11. Signature Section Of applicable):
For the CONTRACTOR
Bill Bullard, Jr.
Name (Pfeaae print)
Board Of Commissiones - Cflaix'ztar
Tte
The Authorized Official's typed name, in lieu of signature. represents the
Contractor's legal acceptance of the terms of this Agreement including
Certifications and Assurances agreed to prior to application submission.
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Part ll
General Provisions
Responsibilities - Contractor
The Contractor in accordance with the genera( purposes and objectives of this
Agreement will:
A. Publication Rights
1. Where activities supported by this Agreement produce books.
flms. or other such copyrightable 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 Departments name must be approved by
the Department prior to reproduction and use of such materials.
3. The Contractor shall give recognition to tne 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 #201 0-DJ-
5X-0003, awarded by the Bureau of Justice Assistance, Office
of Justice Programs, U.S. Department of Justice (D0J), 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/Program Income
Make reasonable efforts to collect fees. where applicable, and report
these quarterly on the Department's Program Income Report (ADM-
208B), Any under-recoveries of otherwise available fees resulting from
failure to bill for eligible services will be excluded from reimbursable
expenditures,
1. Program income means the gross income earned by the grantee
during the grant period as a direct result of the grant project.
2. All income generated as a direct result of a Department-funded
project shall be deemed program income.
3. Program income may be used to further program objectives under
this Agreement or may be refunded to the Department. Program
income must be used for the purposes of and under the conditions
applicable to the award specified in this Agreement. Program
income may only be used for allowable program costs.
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Any program not earning program income must fill out and submit to the
Department a Program Income Waiver Report (ADM-2013A) within 30
days of the acceptance of this Agreement.
C. Program Operation
Provide the necessary administrative, professional and technical staff for
operation of the program.
D. Er_i ilovee Time Certification
All Agreement-funded employees will complete and submit to Contractor
an executed Employee Time Certification form (ADM-214). Contractor
will submit the certifications to the Department semi-annually, by
attaching documentation to their respective MAGIC e-grant.
E. Reporting
Utilize all report forms and reporting formats and meet all reporting
deadlines 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.
F. 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 years
from the date of termination, the date of submission of the final
expenditure report or until litigation and audit findings have been
resolved.
G. 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.
1. The Department may conduct on-site monitoring visit(s) and/or
grant audit(s) during the grant period. All grant records and
personnel must be made available during any visit, including
subcontractors, if requested
H. 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.
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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 S500.000 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 (01V1B) 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
GAAS if the audit includes disclosures that may negatively
impact Department-fundeo 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 fetter 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
Grants Management Section
333 S. Grand Avenue, 5th Fl.
P.O. Box 30634
Lansing, MI 48900-0634
3. Penalty
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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 Audit 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.
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.
SubrecinientiVendor 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, 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 comMiarice for
for—profit subrecipients as required by OMB Circular A-133. Section
.210(e).
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The Contractor must ensure that transactions with vendors comply with
laws. regulations, and provisions of contracts or grant agreements in
compliance with OMB Circu ar A-133, Section .210(f).
J. Subcontracts
Assure for any subcontracted service, activity or product:
1. That the Contractor will submit copies of all executed subcontracts
within 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 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 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 III.
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;
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 'ess 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. Subcontractors must be
paid within 30 days of receipt of reimbursement by the
Contractor.
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K. Notification of Modifications
Provide timely notification to the Department. in writing, of arty 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.
L. 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
Contractors business operations for processing date/time data.
M. 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 IRB
for review and approval. All paperwork involving the IRB must be
submitted to the Department.
N. Notification of Criminal or Administrative Investigations or Charges
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.
Responsibilities - 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.
Ill. Assurances (see Attachment 7: Certifications & Assurances)
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
The Contractor will comply with applicable federal and state laws,
guiaelines, 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, grant/agreement principles, and auoits in carrying out the
terms of this Agreement.
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B. Anti-Lobbying 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. the
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
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, 26 C.F.R. pts. 66 or 70 (administrative requirements for grants and
cooperative agreements). The Contractor also specifically assures and
certifies hat:
1. It has the legal authority to apply for federal assistance and the
institutional, manageriaL and financial capability (including funds
sufficient to pay any required non-federal share of project cost) to
ensure proper planning, management and completion of the project
described in this application.
2. It will establish safeguards to prohibit employees from using their
positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
3. It will give the awarding agency or the 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 1965(16 U.S.0 §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);
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the Rehabilitation Act of 1973 (29 U.S.C. § 794): 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.0 § 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
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 wiR
comply with Federal Regulation, 2 CFR part 180 and certifies to the best
of its knowledge and belief that it, As 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. pmitirai Artivitv Act and intqaovernmental Personnel Act
The Contractor will comply with the Hatch Political 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
Page 11 of
ADM-205 (1012010)
MICHIGAN STATE POLICE
Departmental Services Division
kind by any person or organization involved in the administration of
federally-assisted programs.
F. 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
falls under the HIPAA requirements. The policies and procedures
must meet all applicable federal and state requirements including
the HIPAA regulations. These policies and procedures must
include restricting access to the protected health data and
information by the Contractor's employees.
5. The Contractor must have a policy and procedure to report to the
Department unauthorized use or disclosure of protected health
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. Aireement 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.
G. Non-Supplanting (see Attachment 7: Certifications & Assurances)
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
Page 12 15
ADM-205 (1012010
MICiiIGAN STATE POL:CE
Departmental Services Divisior
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 understanding 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 app;ication of tees 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 YAW/ micr.clan
FSRs must be submitted on a monthly basis, no later than 30 days after
the close of each calendar month. Each month's reimbursement request
may only contain expenses from that 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.
Vendor registration information is available through the Department of
Technology, Management and Budget's web site:
• te eS% State m
D. Final Obliciations and Financial Status 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. The Contractor must provide an estimate of total
expenditures for the entire Agreement perioa. The information or
the report will be used to record the Department's year-end
accounts payables and receivables for this Agreement.
Page 13 of 15
ADM-205 (10/2010)
MICHIGAN STATE POLICE
Departmental Services Division
2. Final FSRs
Final FSRs are due 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. Unoblidated 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. Agreement 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 15 days
written notice to the other party. Such written notice will provide valid.
legal reasons for termination along with the effective date.
B. This Agreement may be terminated immediately if the Contractor, an
official of the Contractor or an owner is convicted of any activity
referenced in Section !LLD. of this Agreement during the term of this
Agreement or any extension thereof.
VI. Final Reporting Upon Termination
Should this Agreement be terminated by either party, within 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
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. Soverability
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.
VI11, 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.G. of the Agreement, must be suomitted in writing to
the Department for approval immediately upon determining the need for such
change.
Page 14 of 15
ADM-205 (1012010)
MICHIGAN STATE POLICE
DeAar:mental Services n,visicii
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 poky 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 cf.
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 tnese 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.
X. Conflict of Interest
The Contractor and the Department are subject to the provisions of 1968 PA 317,
as amended, 1V1CL 15.321 et seq. NISA 4.1700(51) et seq. and 1973 PA 196, as
amended. MCL 15.341 et seq. MSA 4.1700 (71) et seq.
Xl. $_t_ate 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
Pane 15 or 16
Attachment 1
PURPOSE
72181-7-11-B
This is a continuatfon prolect for- Lhe Oaklar.d Cdunty Narcotic Enforcement Team (N.E.:.),
a multijurisdictional tak force servins Oakland County. The taz,k_ force was created to
encourage coonerat:Lon botween law enforcement and fcderal agencies wiCnin southeast
Michigan an effort toappl-e-ncnd and conv e ct those involved the sale and
distron cf lle7a1 drugs and na'rctics.
Attachment 2
STATEMENT OF WORK
he Oakland County Narcotic Enforcement Team (NE: is a mul'..:ijurisdictional task force
which is designed to integrate federal ana local law enforcement agencies for the purpose
of identifying, investigating, and prosecuting drug traffickers and to dismantle their
organizations.. In 1971, -..altioipating law enforcement alences in Oakland County ag7.7eed
to orcanize and support, on an inter-agency level, a taisk force known as the Oakland
County Narcotic Enforcement Team.
NET., currently =der direction fLom the 0,T,kland County Sheriff's t-:fice, has officers
from the !)EA and acomb County Sheriff's Office, and thirzeen local :police departments.
The NET Advisory Board meets on a regular basis and helps set policy and direction to the
NET task force. NE: as also sent two deputies to two different DEA task force groups.
These r_7'.roups have local officers workin together with TEA agents.
One 3f toe ,c;oa1L.: ad cb -',ectives of the NET unit is to continue to respond to the needs of
the local police departments that are experiencing a redution 3f law enforcement
personnel in their r.:ommunities beoause of theSe difficult economic times. Nardest hi: in
Oakland County is the City of Pontiac that has lost approximately fifty percent of its
police 'n the last few years. Municpalitie along the 5 Mile corridor in South
Oakland County also experien;.:ing staff reductions.
NET will continue the type of investigations and worklead that have always been an
interal part to NET' s success. For example, NET will have cont',nued involvement with all
local police departments and be responsive to their direct needs. :his will enable YET to
have tnogor 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
investatin;:- of street level dealers. NET has a cospiracy team where investi,lar:ions
can be toed avar for development of investigations and arrests to disrupt and dismantle
drrg tr fflcanc organizations. NET. will continue with the operation of an interdiction
team and will work closely with the FBI in Icintifyint--- interstate and internatioral
cc'..'riers. NE: 16 reuesting the continuance of the three additional Oakland County
Sheriff's Office officers. Two of these posi,tions are for sergeants, one position is for
a deputy on one of the street teams and we are asking for a ?NE posit ion for an Office
Assistant to assist our fall tir..7 clerical in tracking and Teporting NET F;tatistics,
These positions are crucial tu the continued success of NET. The sergeants are needed
because these pcsitionE are crew leaders of investigators from /:-.:ti-:!:)risdictions.
0,4klan:j Coury Sheriff's Office will provide the Unit Commander, officers, and
administiatve positions. OCST. will also pnovide investigative by funds, contidential
informant poyments, phones, paers, vests, vehicles, and all other equipment and E:upplies
neede,J. The local departments will 17,-.:ovide their officer salaries fringe
related overtime costs.
NOT will further develop a true partnership 'between the Oakland County Sheriff's Oftice,
all local police departments, ann federal agencies ouch as FBI, TEA, and A:F. The Oakland
County heriff's Office will take the lead role in the NE 7 Unit, but will follow the
direction at the NET Advisory Board which consists of all departments and agencies that
1.1.70vide a officer to NET NET plans to utilize all re2c1=es available, by
working closely with the specialized units of the local police departments such as theii
undercover teams, vice -,Jnits, and detective bureaus. NET will develop cases and
Attachment 2
STATEMENT OF WORK
informants with these 7:,nits to ensure great success. NET will continue to work closely
with the Oakland County Prosector's Office so that cases are developed and prosecuted to
the Lalest extent of the law NET will also utilize more of the resources of the entire
Oakland County Sheriff's Cffice and work with the officers at the various sub-stations to
better understand localized drg problems. NET's involvement and cooperation with the
federal agencies, such as the FBI, 2EA, ATF, and EIDTA, will increase under the OCSO
leadership. :t is NET's plan to utilize all of these resources to the fullest.
At the present time the NET commitment iE as follows:
Oakland Co!..,nty herlffs :..)ffit•e
I Ireuterrt - 2nit Commander
4 Ser.71eants -team loaders
7 Deputtes - team members
1 riitcr
1 secretaIy
1 property room technician
The Oakiand County Sheriff's Office also provides the NE: office, ucilitias, office
equipment, supplies, phones, pagers, computers, cell phones, officer equipment,
undercover vehicles, I raid van, buy money, 1nvestiyative exT.enses, and informant fees.
f.._111 time team memUers ounplied by
1Lcornfield 77(..p Police Department
Farmington Hills Police 2epartment
Ferndale Icitce Department
Hazel ;',:tfk Police Department
Lathrup Village Police LQ4par:_ment
Madison Ehtt rclice L.epar=ment
Pontiac Police 7.epartment
RocheL,tci 1-U I1
Southfield Police Department
Troy Police 2epartment
Waterford Township Poli.;:c Department
Weet Elccmfiel ,a Police Department
r4hite Townpb7IT clrce epartment
MaceMz County Sheriff's Office
NET is continuing to interact with local police agencies to increase the nossibility cf
other departments joining VET. Although Beverly Hills, Sterling Heights, and most
recently the City of Royal Oak had to withdraw from NET due to financial constraints,
Attachment 2
STATEMENT OF WORK
Wite Lake Township and the City cf Rochester Hills havo recently joined NET within the
past yedf. The Byrne urant positiuns arc needed to keep NET at current level.
The Narcotics Section of the 0a.cland County PIesecutor's Office is a specialized section
developed and trained to not only prosecute the cases, tut also to assist in the
investigation of repeat and large-scale drug offenders. The mem'Lers of the Narcotics
Section ct t'ne Prosecutor': ,l)ffiee are on call 24 hours a day. 7 days a week, to assist
law enforcement agencies including N13V. This assistance includes search warrant
preparation and fielding other legal :.ssues that develop durin= the course of
investigatieno. :n eiddition to the most frequent issue of search and seizure, questions
regardin,..7 the tight to counsel, benefits of cooperation to informants, and sufficient
7.robatle cause to arrest, often need to be answered on the spot.
The prosecutors assigned to the ection conduct training seminars for various agences on
proper. preparation of se6rch warrants, preparation for court, informant use and onanges
in the law that affect investoation procedures and evidence collection. The Narcotics
Section prosecuters instruct at the Oakland Police Academy. Additionally, the Section's
leader :s at the United States Drug Enforcement Agency's Basic Narcotics School
and the Micnian State Pciice Advanced Narcotics School. Speeial prosecutor::: also will be
utilized tohandle oases that present complex legal issues such as entrapment, conspiracy
law, and tne privilege ct informant confidentiality.
The Narcocjcs Section leader eviews every file where a nar...:otics char:;e is issued.
essment il each offender allows the prosecution unit to target and track repeat
offenders and mid-level and upper-level traffickers. Further, this allows cases requiri:-.
special :Itzertion such at complex conspiracies, racketeering, and death cases to be
identified ar:d vertically ',:rosecuted. It also allows the Section to pay special at:lenticn
to file 1.1:r,ups, which may contain cross ever defendants/informants 1-1..e ability to
maihtain control over flies wnere defendants are also acting as informants is tantamount
to success.ici prosecution of t he cases where the informant becomes the -2-i.ey witness.
The Oakland Co unty prosecutor's Office through the efforts of the Narcotics Section
prosecutors is in the forefront of attempting to criminalise DZP CI-Benzylpi-perazine,
Which is a derivative form of xDKA l'flethylenedioxymethamphetamine, commonly known as
ecstasy), SZP is beeomin9 more prevalent. It is currently a Schedule I substance under
federal caw. t has simLlar phyuizal effects as !'DMA, yet currently under Michir_7an law,
IL is t1(2_,L a ,-.;ced1;,:ec°: controlled substance. nroug7.7 communicaLiu wit:: state
resetit.atives and other prosecutors' offices around the state, the r..)al is to make it a
felony ;i-arrying the same penalties as MIDY,Atto possess, deliver ., or possess with intent
to devcm D7P. Such efforts are just one example of the heed for a specialized unit in
narcotics enforcement.
The Section members also handle narcotics related homlcides including, but not limited
to, deivery cf controlled s -,lbstances causing death. The Michigan Legl:-.;lature has enacted
this statute to allow severe punishment for defendants who deliver certain controlled
substar:ceo, wh oh cause the death of the user. Such cases are often complex and time
consumin5, recuiring special knowledge of the chain of distribution. Sy prosec uting thee
cases tine Ca:cinad County Prosecutor's Office sends the important message sent to
deiendint3 thx_ we will hold defendants accountable for the life of anot her unold
pedr.11ing their 7.;oison cause a death. This message is being sent not only to tne person
Attachment 2
STATEMENT OF WORK
who delivers the controlled Enbonance to the decendent but all distributors along the
chain of distribution.
From 2007 to the present, investigations into numerons suspects for delivering controlled
substances causing death have been undertaken. Thus far, six individuals have been
charged with this offense, which carries a maximum sentence of life in orison. Five of
the six have been convicted as chargea either by plea or jury trial. The sixth case is
currently pending. Additionally, there are several investigations pending tor similar
charges. We believe the ability =o cnarge and snccessfully pro2ecute these cases will
create a strong de=erreht to offender. The conLeq'nences of their actions is increased
exponentially when a life sentence becomes the possible outcome.
In 2009. an ..n.vcn:3:igatien was begun into a family organizatIon, which was believed to be
dintribntnng large amounts of cocaine in the Con:land County area_ That investigation
resulted 17. ;r-ven defendants beinv; charged on eight-count aeneral Information. Five of
Lhe sever defendants were charged with life offenses. All :neven defendants were convicted
either by pleas as charned or as a result of. convictions by jury. -.7his organization had
ties to various gang ao=ivitios in the past and clearly werc continuing in their illegal
activities Se.veral of the defendants were former violent offenders and one of the seven
was on parole for Armed Robbery at the time of these offLnses.
Also in 2009, a business owner was prosecnted for narcotics trafficknng out of his
business and home. This derenuan= was a Long time problem for one of Oakland Ccunty's
cities. There had bi2en complaints for gate some time on this defendant using his store
as a cover for his illegal drug trade. 11 -Is business was within blocks of a local
elemeneary He was selling vas: number of prescription pills and preying on the
aC,diction of his customers. lie also sold cocaine and other drugs. :n a cconerative effori
been NET and the Na:c::,z1ca Section of the Oakland County Prosecutor's Office, this
individnal was finally Irouvilt to justice.
While Cf:Ick and powder cocaine sales remain steady in numbers, the use and therefore
sales at heroin continue to increase. This increase is ex=remoiy troubling gven the
inflnx of fentanyl or a cutting agent of replacement for herein. Fentanyi is extremely
dangerous and nos been connected to several deaths related to drug abnse. Speci a l
attention cases involving fentanyl sales and use is necessary and time intensive.
The rise in toe abuse and sale of controlled substances obtained either by doctor
shopping and/u: ,.ene'ving brescriptions from licensed medical professionals and/or
utilizing fake or forojed prescriptions creates the need for lengthy and complicated
investigations. :n some instances, the medical professionals themselves are involved in
the Illegal of the prescriptions for controlled substances or the su b s canoes
themselves, ,:Jimantling medical offices involved in this type of criminality is of the
utmost imp.orz_ancz. The abuse arv sdies of such drugs as Dihydrocodeinone
Vicodin,Alprazolam (Zonax), and Oxycodone are on the rise. At'.:ention to this :rend is
critical
or these dings are highly addictive. Tracking illeal access to these drugs is
often as there are legal means to obtain them. The abuse a prescript i on drugs
is 1:::.:Leasiny amongst onn youth.
Y.ethamphetamine labs are being located in Oakland County with increasing frequency. The
need fQ11.- :he vertical prosecution unit to continually educate themselves on these
Attachment 2
STATEMENT OF WORK
extremely dangerous drugs and the manner in which they are being manufactured and
transported is essential. Specialized knowledge of these operations is tantamount to
effective prosecution and deterrence of further intiltration of labs into our county.
The crime rate in the county seat, Pontiac, is rising with alarming speed. The city 'e
financial condition ::as res'.:11te,-:,. in extreme cuts in law enforcement personnel. The public
and especially the crminals are aware of the police inability to keep up with calls for
assistance. This awareness has lead to an influx i7,7'7_C the city of narcotics trafficking.
The criminal element ic Liwale of the crippling affeIi of the economic status on law
enforcement. However., a joint, federal state and local task force has been put in tlace
in order to help c',:rb the increaing violence as a result of dr -Jg turf wars. This new
task force is sure to 1.::fing to fruition a surplus of narcotics and narcotic related
offense. The antiated increase wili necessitte the addition of a prosecutor to a
section whrck already carri ,,:s an extreme case Iced. The Narcotics Section of the Oaklana
County Ptosecutor's Office already conducts more trials than any other section in the
office. l'his is due to toe z:evexe penalties faced by drug dealers and their financial
ability to hire high 7-,'.r.:,cea ,ittcrneys to defend their conduct. As turf wars emerge, it
increases the power strul:.7.1e, and therefore, the killings among even the smallest
g,uantity dealers.
The prosE,cution aspect cf this multij1.1risdlotional drua task force will continue to
augment the fundinn for a special unit of three assistant cln;g prosec utors. Special
assistant prosecutol..Ts will be assigned to vertically prosecute large-scale drug dealers.
Vertical unit prosecuors are well versed in areas of law unique to the challenges
brought forth in dismantling lare-scale drug operations.
Aggressive prosecution and a continued praet_iee of minimal nlea-bargaining create a
red'action in the rate of crime grow:.h. This practice of the Oakland County Prosecutor's
Clit::.ce Narcotics Section facilitates police agencies in their ability to apprehend
traffickers hr.7het up in the chain of distribution. Defendants faced with the grim
reality of subsantial nrison time are often willing to inform law errfoiceme:it of the
ti their supp:ieIs in order to receive consideration for cooperation at
sent-enting.
Having expeilenced trial attorneys in the Narectles Section is essential. Defendants
involved in narcotics traffickin.7 have financial resources allowing them to hire
experienced defense attorneys who to fight every aspect of the case. The
success ot the Narcotis Section of the udgland county Prc ,sec ..;.tor's Office is in great;
part due to the experience and junlity of attorneys ass'tgned to the section. Maintaining
tLat alit and experience level requires continuing funding anrc salary increases for
personnel. ,Thrreutly, the Section leader has been with the Qaklah County Prosecutor's
Office tor over 17 years specializing in narcotics for over 14 years:. One of the
members has been with the office for over 8 years, and another for 13 years. The need for
attorney.± with experience s necessary to handle the complexity of the cases and stand
firm against the caliber - of defense attorneys we face on a daily basis.
With the enactment_ of the Medical Marijuana Act, the number of mari_juana cases accepted
for vertical prosecution has greatly increased. With the increase in cares has come
increased motion practice for the Narcotics Section. In the year 2007-2108, 151 mariara
•:..ases were accepted for unit prosecution. This number incneased 47% in the year
Attachment 2
STATEMENT OF WORK
2038 -2009, to 222 cases. This newly created law containf!4 many amtigities. The
disagreement amongst pLosecutcrs and defense attorneys as to how to interpret the stat=e
and its enforcement has res'alLea in highly contested litiElation. Working out the
specifics of the protections created by the act has teen a time-consuming effort on the
part of the prosecs.tors assigned to the Narcotics Section. However, assignment of these
cases to the rection is necessary to maintain consistency in arguments as well Ds proper
education on thc development of case raw as it beccmcs available.
As law enforcement agencies such as NET become more and more effective in infiltratin,-4
drug organizations the ndmter of cases requirin7 the specialized attention of the
vertical prosecution increases. For assistant prosec .,;tors are necessary to handle
the vo..me and complexity of incoming cases. In past years the Dyrne Grant has funded
throe positions and the county has funded the fourth. The ..:;o ...1nty fundinc has terminated
and thercfore the need for the Syrne Grant to fund the fourth position is essential to
our continued success in the war an drugs and the violence that comes with it.
With the increase of Ln-car police video and recorded statements, workload and trial
preparation has become more time consuming. Watching hour-long or several-hours- long;
videos as opposed to me -rely reading a summaiy of the incidents and/or :Lnterviews in a
police report has :_r.cfeased exponentially the time necessary ',7r.) prcperly prepare for
preliminary examinations, hear_ings, and trials.
The ability to download information frcm cellular phones, while extremely helpful in many
cases, also sleates time-corsuminc. preparation. To yo through weeks and months of text
messa7.ing and phone calls is Leous yet necessary for proper courtroom preparation. The
increased use c.'.f body wires an undercover officers and informants also increases the
workload far tILle trial .7,ttorhey. Again, it is the difference between reading a
one cr-two-pace summary and -,ning to hour(s) of audio.
While our evidence may have become stronger, the time necessary to properly prepare
for trial has Increased. All audios/videos need to be watched and/or transcribed. As our
caseload increases so does the time necessary for preparation for trial.
The multi.i.-:dictiona: task force will continue to integrate this specialized
nroseoutio:1 unit with federal, state, and local law enforcement agencies touch NET and
the Cakland_ •‘,.JJnty Citizens Grand Jury when impaneled;. Continuation of this special
prosecutIn section depends 13.1on the Dyrne Grant award and •.:.-c=lty mnUcnec funds.
ATTACHMENT 3
PROGRAM BUDGET SUMMARY
MICHIGAN STATE POLICE
BYRNE JUSTICE ASSISTANCE GRANT
PROGRAM DATE PREPARED Page .; Of
' - Oakland Co-...zn'zy Narcotic En,: orcer.er,`,:. Team .B /12/2 `,.'., : 1 - n
CONTRACTOR NAME BUDGET PERIOD
Coz.Inty of Oakland 1 •1/201:1 - 'ii/.30/2C1.1
MAILING ADDRESS (Number and Streep BUDGET AGREEMENT AMENDMENT #
1200 l'Z' . Telegraph Rd . r,-y;- ORIGINAL :AMENDMENT n 1
CITY I STATE I ZIP CODE FEDERAL ID NUMBER
_Pont iac I MI , 4341 38-5D04876
EXPENDITURE CATEGORY I TOTAL BUDGET
1. SALARIES & WAGES
2. FRINGE SENEFFS I !::229,13. ''' 29,105
3. TRAVEL $73.b ;;73,6M. $147,230
4 SUPPLIES & MATERIALS i
5. CONTRACTUAL (SubcontractsSubrecipionts .;
1 , 6. EQUIPMENT
7. OTHER EXPENSES
l' 1
I
1
1
, 8. TOTAL DIRECT EXPENDITURES I$302.72C $302,720 :(;.,'"7,,, 1 (3..ur of Liles 'I -7
I
9. TOTAL EXPENDITURES $302,720 $?02,720 1 r..-6C5,440
SOURCE OF FUNDS
lu. STA—E AGREEMENT 23C2.724 I $302,723
, 1 . LOCAL $302,7231 $3C2 ., 720
12„ FEES & COLLECTIONS .$ , $0
13.0THER(S) $0 $0
,
14. TOTAL FUNDING $302,72C1 $3C2,7201 $605,440
2. TOTAL FRINGE BENEFITS:
$605.44C
$60'.i,440
ATTACHMENT 3
PROGRAM BUDGET - COST DETAIL SCHEDULE
MICHIGAN STATE POLICE
View at 100% or Larger
Use WHOLE DOLLARS Only
PROGRAM BUDGET PERIOD DATE PREPARED
: Oakland County Narco:ic Enfo:certent Ter From To: 1C/1/2::10 i ::. 8/12/2410
! CONTRACTOR NAME BUDGET AGREEMENT ' AMENDMENT if
County of Oakland / ORIGINAL 0 AMENDMENT
1. SALARY & WAGES POSITIONS TA COMMENTS POSITION DESCRIPTION REQUIRED TO L SALARY
,Ass:Ls'7.an': Ft-C.5tCJ:::::7 AtC1-:-.ey :11 2 $15B,872
L Ser7ea::.::
$1., .2
A!3:3_::.i71-- ',3•,,,2, .,1!- -1.1 Av..-.::ri.,T L 7 - ,. ;7.:::, :C6'
- .964_, 804
F:TE '..:f_-7.t Ass.LE:nt -- 1. :717,67 i -
I. TOTAL SALARIES & WAGES: 7' :e,455,,
' 2, FRINGE BENEFITS (Specify)
pncA p LIFE INS. El DENTAL INS. • COMPOSITE RATE
II UNEMR-OY INS. •VISiON INS. 111 WORK COMP. AMOUNT % _ Li RETIREMENT
DHOSPITAL INS
Li HEARING INS.
DOTHER (specify)
3. TRAVEL (Specify if category exceeds 10% of Total Expenditures)
3 TOTAL TRAVEL:
4. SUPPLIES & MATERIALS (Specify if category exceeds 10% of Total Expenditures)
6. CONTRACTUAL (Specify Subcontracts/Subrecipients)
Name Address
4. TOTAL SUPPLIES & MATERIALS!
Amourt
so
5. TOTAL CONTRACTUAL:
6. EQUIPMENT (Specify items)
6. TOTAL EQUIPMENT:
7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures)
7. TOTAL OTHER:
8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1-7) 8, TOTAL DIRECT EXPENDITURES:
9. TOTAL EXPENDITURES (Sum of lines 8-9)
Use Additional Sheets as Needed
• •
Attachment 4
PERFORMANCE ; PROGRESS I PMT REPORT REQUIREMENTS
A. The Contractor shall submit the following reports on the following dates:
Attachment 4
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 Manager,
Attachment 4
C. The Contract Manager shall evaluate the reports submitted as described in Attachment
4. Items A and B for their col noleteness and ddequacy,
Attachment 4
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.
FINANCIAL STATUS REPORT Attachment 5
MICHIGAN STATE P
I Mail Code Contract Number Program Code
Contractor Name Project - Title
Street Address Report Period Date Prepared
Thru
City, State, ZIP Code Agreement Period FE ID Number
Thru
Reasons for Corrections.
Expenditures Agreement
Category Previous Agreement Current Period Corrections Budget Balance YTD YTD . . Anm
1 Salaries and Wages
2 Fringe Bere`its
3. T:avel
4. Supplies & Mate rials
r ,
5. Contractual (Suo-Contracts)
6 Equipment
7. Other Expenses .
8. TOTAL DIRECT
. 9. Indirect Costs: Rate %
10. TOTAL EXPENDITURES
SOURCE OF FUNDS:
11. State Agreement ,
12. Local -
13. Federal ,
14. Other
15 Fees & Collections
16. TOTAL FUNDING
CERTIFICATION; ' certify that ! am authorized to sign on behalf of the grantee agency and that this is an accurate statement of expend lures and collections for
Me report pencd. Appropriate documentation is available and will be maintained for the required period to support costs and receipts reported_
Project Orem!. Financial Director
Telephone Number Telephone NumPer
TATE USE ONLY
AY INDEX PCA OBJ CODE AMOUNT
l r Source
2. Source
Rev, 11/09
Attachment 6
AUDIT STATUS NOTIFICATION LETTER
{Required for subrecipient conttactors claiming exerr ption from
audit submission requirements)
Please fill in the following information, sign after the statement below and mail this form to
Michigan State Police
Departmental Services Division
333 S. Grand Ave., 5 1" Fl.
ansing, MI 48909
Attn: Doug Spitzley
This form is due to the Department within nine months after the end of the Contractor's fiscal year.
Please cc not submit this form with your signed agreement
Agency Name . ,
Address:
Federal IQ Number:
For Agency's Fiscal Year Ended:
(MontheatelYear)
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 $5130,000 in federal awards from
all funding sources. and expended less than S500,000 total MSP funding. I also certify that our agercy's
financial statement audit did not Include any disclosures related to current or prior years that could
negatively impact MSP-funued programs Therefore. we are not required to submit either a Single Aud t
or Financiai Statement Audit to MSP.
S gnalu'e
Ptint \ArneiT, ille
Date
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 tne 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 (inducting fill.ng 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 lay-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 be used to fund tte officers until October 1, the date of the scheduled
layoff), and maintain documentation showing the date(s) and reason(s) for the lay-off. [Please
note that as long as your agency can document the date that the lay-off(s) would occur if the
Byrne JAG funos were not available, it may transfer Me personnel to the Byrne JAG funding on
or immediately after the date of the lay-off without formally completing the administrative steps
assodated with a lay-off for each individual personnel.]
Documentation that may be used to prove that scheduled fay-offs are occurring for local
economic reasons that are unrelated to the availability of Byrne JAG grant funds may include (but
are not limitec to) council or departmental meeting minutes. memoranda, notices, or orders
oiscussing 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 tnree 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 (inducing funds sufficient to pay any required non-federal share of project
Rev. 8118110 Page 1 of 5
cost) to ensure proper planning, managemeet and completion of the project described in this
application.
it will estaash safeguares to prohile't employees from using their positions for a purpose that
constitutes or presents tie 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 avvarding agency,
specifically including any applicable regulations, such as 28 C.F.R. pts. 10, 22. 23, 30, 35, 38, 42,
61 and 63.
4. It will assist the avvaroing agency (if necessary) in assuring compliance with section 106 of the
National Historic Preservation Act of 1966 (16 f.) S.C. § 470), Ex. Order 11593 (identification and
protection of historic properties). the Archeological and Historical Preservation Act of 1974 (16
U.S.C. § 459 a-1 et seq.). and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321),
It will comply (and will require any subgrantees or Contractors to comply) with any applicable
statutorily-imposed nonchscrimination requirements, which may include the Omnibus Crime
Control and Safe Streets Act cf 1960 (42 U.S.C. § 3789d): the Victims of Crime Act (42 U.S.C. §
13604(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.0 § 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)7 see Ex. Order 13279 (equal protection of the laws for faith-based
and community organizations).
C. If a governmental entity:
a, It will comply with tne 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,
b It will comply with requirements of 5 U_S.C. §§ 1501-08 and §§ 7324-28, which limit
certain Qolitcal 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
RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS:
Grantees/Contractors should refer to the regulatioes cited below to determine tie certification to which
they are reauired to attest. Grantees/Contractors should also review the instructions for certification
included in the regulations before completing this tem. 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 required by Section 1352, Title 31 of the U.S. Code, and :mplemented at 28 C.F.R. Part 69, for
persons entering into a grant or cooperative agreement over $100.000, as defined at 28 C.F.R Part 69.
the grantee/Contractor certifies that:
No feaeral appropriated funds have been paio or will be paid. by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any federal grant_ the entering into of any cooperative
Rev. 8/18/10 Page 2 of S
agreement. and the extension. continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement:
2. :f 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 federai grant or cooperative agreement, the grantee shall complete and
submit Standard Form - LLL. "Disclosure of Lobbying Activities." in accordance with its
instructions: and.
The grantee shall require that the language of this certification be includeo 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.
DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
As required by Executive Order 12549. Debarment and Suspension, and implemented at 28 C.F.R. Part
67, for prospective participants in primary covered t -ansactions. as defined at 28 C.F.R. Part 67, Section
67.5W:
1. The grantee/Contractor certifies that it and its principals:
a. Are not presently debarred. suspended, proposed for debarment, declared ineligible,
sentenced to a denial of federal beeefils 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
c.vil 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 incictecl 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.
a. 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 WORKPLACE (GRANTEES OTHER THAN INDIVIDUAL:IL
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 wi;lcontinue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture. distribution,
dispensing, 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 s,Ach 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.
Rev aii o Page 3 of 5
d. The penalties that may be irnposea upon employees for drug abuse violations occurring
in the workplace
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 oy paragraph (a) teat, as a condition of
employment under the grant, the employee will:
a. Abide by the terms of the statement; and,
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar aays after such conviction.
5. Norfying 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 convicton.
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 identificaton number(s) of eacn affected grant.
Taking one of me 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
tennination, 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 orogram 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 EXPENSE$ AND ACTIVITIES:
• Costs in applying for this grant (e.g., consultants. grant writers, etc.).
• Any expenses incurred prior to the clate of the contract.
• Any administrative costs not directly related to the administration of this Byrne JAG award.
• Indirect costs rates or indirect administrative expenses (only direct costs permitted).
• Personnel, including law enforcement officers, not connected to the project for which you are
applying.
• Lobbying or advocacy for particular legislative or administrative reform_
• Fund raising and any salaries or expenses associated with it,
• Legal fees.
• All travel including first class or out-of-state travel (prior approval required).
• Promotional items (except preauthorized under certain program areas).
• One-time events, prizes. entertainment (e.g., tours, excursions, amusement parks, sporting
events):
• Honorariums_
• Contributions and donations.
• Management or administrative training, conferences (only pre-approved project related training).
• Management studies or research and development (costs related to evaluation are permitted):
• Fines and penalties.
• 1,osses from uncollectible bad debts.
• Purchase of lance
• Memberships and agency dues, unless a specific requirement of the project (prior approval
required).
• Compensation to federal or state employees for travel or consulting fees.
Rev. 8/18/10 Page 4 Of 5
• Military type equiPment such as armored vehicles, explosive devices, and other items typically
associated witn the military arsenal.
• Vehicles vessels or aircraft.
• Construction costs and/or renovation (including remodeling).
• informant fees. rewards or buy money.
• Food, refreshments. snacks,
• K9 dogs and horses (including any food and/or supplies relating tc the upkeep of law
enforcement animals).
CONDITIONS ON EXPENSES'
Costs must be reasonable and necessary. If required by the parent agency. costs must be sustained
by comoetitive bids. All contracts and subcontracts require prior approval by the Department. If
detailed information is not included as part of the appl:cation 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.
wnich 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 generaily 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 'unds are used for the same purposes as the grant
project. In the absence of such regulations, these funds would be required to be returned to the
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
i,ustice Assistance Grants.
When applicable. Program Income Reports are to be filed quarterly, and are attached to the supplied
Quarterly Progress Reports. If there is no program income. grantees must submit a program income
waiver form within 30 days of grant agreement acceptance. This form will be provided.
Rev. 3/lanD Page 5 of 5
$ 45,814 $ 67,140
32 016 82 624
77,83Q $ T49,754
($302.720) $1770795
(71,934) 705,513
233,984 233.984
216,500 218500
$ 77_830_
0
0
5,055
32,016
5_ 31.0L1
($ 8.830)
19,886
( 2,380)
( 10.679)
29,402
15,672
( 6,000)
$ 151,360
151,360
218,500
233,984
$
252D4
$ 225,000
144,860
156,492
80,625
94,908
53,319
0
$ 755,204
FISCAL NOTE (MISC. #10288 November 3, 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF, PROSECUTING ATTORNEY - FISCAL YEAR 2011 OAKLAND COUNTY
NARCOTICS ENFORCEMENT TEAM (NET) BYRNE GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule Xll-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Sheriff and Prosecuting Attorney have been awarded $605,440 in funds for the Fiscal Year
2011 Byrne Memorial Grant for the Oakland County Narcotics Enforcement Team (NET).
2. The grant award is equal to the grant application amount requested.
3. The State contribution is 5302,720 and County grant match is $302,720. The County match is
included in the Fiscal Year 2011 Non-departmental grant match line item.
4. The total program funding is $755,204 which includes the grant award of $302,720 and County
grant match of $302,720; the funding shortfall of $149,764 will be covered by $67.140 from the
Sheriff Department NET Drug Forfeitures account, and $82,624 from the Prosecutor Department
Drug Forfeiture account (4030901-110040-222430; 4010101-123030-222440).
6. Grant award continues funding for three (3) SR Assistant Prosecutors, position numbers
(4010201-06386, 07207, & 07959) in the Prosecutor's Litigation Division, and two (2) SR
Sergeant positions (4030901-09829, & 09830): one (1) SR FTE Deputy II position (4030920-
10930), and one (1) SR part-time non-eligible PTNE 1,000 hour/year Office Assistant II position
(4030920-10931) in the Sheriffs Office.
6. The grant period is October 1, 2010 through September 30, 2011.
7. The Fiscal Year 2011 adopted budget is amended as follows:
Amended Adjust- Adjusted
GENERAL FUND #10100 FY 2011 merit FY 2011
Revenues
4030901-123030-670285 Enhancement Fds $ 21,326
4010101-122080-670285 Enhancement Fds 50.Q8
Total General Fund Revenues $ 71,934
Expenditures
9090101-196030-730800 Grant Match $2,073,515
9010101-181000-740023-27320 Bud Transition 777,447
4010201-122080-788001-27320 Transfers Out -0-
4030901-110090-788001-27320 Transfers Out -0-
Total General Fund Expenditures KAQ
GRANT FUND #27320
Project GR #0000000146, Activity A,
Analysis Type GLB Budget Ref 2011
Revenues
4010201-122080-610313 Grants Federal
4030901-110090-610313 Grants Federal
4030901-110090-695500-10100 Trfrs In Shell
4010201-122080-695500-10100 Trfrs In Pros
Total Grant Fund Revenues
Expenditures
4030901-110090-702010 Salaries
4030901-110090-722740 Fringe Benefit
4010201-122085-702010 Salaries
4010201-122085-722740 Fringe Benefit
4010201-122080-702010 Salaries
4010201-122080-722740 Fringe Benefit
4010201-122080-776659 Motor Pool Fuel
Total Grant Fund Expenditures
161,360
161,360
213,445
201,968
$ 233,830
124,974
158,872
91,304
65,506
37,647
6,000
$ 718,133
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #10288 November 3, 2010
Moved by Long supported by Coleman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Builard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin„ Greimel,
Hatchett. Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott Taub,
Woodward, Zack (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
••••
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
Ruth Johnson. Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
ana accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November
3, 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 3rd day of November, 2010.
eat
Ruth Johnson, County Clerk