HomeMy WebLinkAboutResolutions - 2011.11.30 - 188122
November 30, 2011
REPORT (MISC. #11286)
BY: Human Resources Committee, John A. Scott, Chairperson
RE: Sheriff, Prosecuting Attorney — Fiscal Year 2012 Oakland County Narcotics
Enforcement Team (NET) Grant Acceptance
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the aforementioned
resolution on November 9, 2011 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 RE-8.0-URCES COMMITTEE
HUMAN RESOURCES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Bosnic and Nuccio absent
November 30, 2011
MISCELLANEOUS RESOLUTION #11286
BY Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF, PROSECUTING ATTORNEY — FISCAL YEAR 2012 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 has awarded the Sheriff and Prosecuting Attorney funding for the FY 2012 Narcotics
Enforcement Team (NET) Byrne Grant Program; and
WHEREAS the grant application requested $484,352 in funding, and the grant award is the same; and
WHEREAS the State share of funding is S242,176, the County 50/50 grant match is $242,176 and the balance of program funding of
$218,500 will be derived from Sheriff and Prosecutor Drug Forfeiture Funds, and reductions to Prosecutor's general fund expense
budget; representing total NET Byrne program budget of $702,852; and
WHEREAS grant funding is for the period of October 1, 2011 through September 30, 2012; and
WHEREAS with this grant award, the Prosecuting Attorney's Office will delete one (1) full time eligible (FTE) SR Assistant Prosecutor III
position (#4010201-07959), and partially fund the continuation of one (1) full time eligible (FTE) SR Assistant Prosecutor III position
(#4010201-06386), and one (1) FTE SR Assistant Prosecutor IV position (#4010201-07207), which is under-filled with an Assistant
Prosecutor III in the Prosecuting Attorney's Office; and
WHEREAS in the Sheriffs Office the grant award will continue partial funding of two (2) FTE SR Sergeant positions (#4030920-09829
and #4030920-09830), one (1) FTE SR Deputy II (#4030920-10930) position, and one (1) SR part-time non-eligible (PINE) 1,000
hours per year Office Assistant II (#4030920-10931) position; and
WHEREAS the FY 2012 grant program is partially funded by Drug Forfeiture funds of $154,490 from the Sheriffs forfeiture account,
839,191 from the Prosecutor's forfeiture account, and $24,819 from reductions to the Prosecutor's operating expense budget line items;
and
WHEREAS upon acceptance of the award, a budget modification amendment will be submitted to the State recognizing the deletion of
one (1) FTE SR Assistant Prosecutor III position (#4010201- 07959) and reallocation of the grant funding to the remaining positions,
with the grant award total staying the same; 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 1,2011 through September 30, 2012, in the amount of $484,352, which includes $242,176 of State
funding and $242,176 of OF/OP County grant match.
BE IT FURTHER RESOLVED that one (1) full time eligible (FTE) SR Assistant Prosecutor III position (#4010201-07959) will be deleted
in the Prosecuting Attorney's Office effective September 24, 2011 due to a decrease in grant funding.
BE IT FURTHER RESOLVED that the grant award partially funds the continuation of one (1) SR Assistant Prosecutor III position
(#4010201-06386), and one (1) SR Assistant Prosecutor IV position (#4010201-07207), which is under-filled with an Assistant
Prosecutor III in the Prosecuting Attorney's Office.
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 PTNE 1,000 hour per year Office Assistant II position (#4030920-10931) be
continued in the Sheriffs Office/Investigative & Forensic Services/Narcotics Enforcement Team (NET.) Unit and is partially funded by
the grant award.
BE IT FURTHER RESOLVED that Drug Forfeiture Funds of $39,191 be transferred from the Prosecuting Attorney's Drug Forfeiture
account to partially fund the two (2) remaining positions; and $154,490 be transferred from the Sheriffs Drug Forfeiture account to
partially fund the four (4) current existing positions,.
BE IT FURTHER RESOLVED that total NET Byrne Program funding of $702,852 consisting of $242,176 in State grant award funding,
$242,176 in GF/GP grant matching funds, Drug Forfeiture Account funds of $39,191 from the Prosecutor's forfeiture account #222440,
with $24,819 from reductions to the Prosecuting Attorney's general fund operating expense budget line items, also $154,490 from the
Sheriffs forfeiture account #222430.
BE IT FURTHER RESOLVED that a grant budget modification request will be submitted to the State to delete one (1) full time eligible
(FTE) SR Assistant Prosecutor III position (#4010201- 07959) and reallocation of the grant funding to the remaining positions.
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
Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Runestad absent
GRANT REVIEW SIGN OFF — Sheriff, Prosecuting Attorney
GRANT NAME: FY 2012 Narcotics Enforcement Team (NET)
FUNDING AGENCY: Michigan State Police
'DEPARTMENT CONTACT PERSON: Janet Whitefield 248 858-2866
STATUS: Grant Acceptance
DATE: November 1,2011
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.
DEPARTNEENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (10/19/2011)
Department of Human Resources:
Approved. — Karen Jones (10/19/2011
Risk Management and Safety:
Approved with changes as noted below by Corporation Counsel. — Andrea Plotkowsld (10/31/2011)
Corporation Counsel:
I heard back from the grants division of the Michigan State Police (MSP), Nancy Bennett, last week. The
MSP is willing to make the change to Paragraph XI, but does not desire to change Paragraph XIV.A at this
time because there are no subcontractors or indirect employees approved for the grant agreement. As we
all know, the grant agreement, as written now, only funds county employee salaries and fringe benefits.
In subsequent grant agreements or if this grant agreement is amended to include subcontractors and/or
indirect employees, then I would request that the language in Paragraph XLA be changed.
Therefore, at this time, with the change made to Paragraph XI regarding termination and suspension, I
approve the above-referenced grant agreement.
Please note that the change to Paragraph XI will have to be accomplished via an amendment after the grant
agreement is signed. This is so based upon the procedure the MSP are now using to execute grant
agreements. — Jody S. Hall (10/31/2011)
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 - "P.A. 533 of 2004"
Mtn:// www.1 egislature.movi .11(131x2eltrnr .5 z5572uiwv451/mileg.aspx?pae—E,vetObject&obj ectNar1e-2003 - SB-
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AUTHORITY: 1935 PA 59;
COMPLIANCE: Voluntary
Contract #. 201272181
Grant Agreement
hereinafter referred to as the "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.)
MSP Project # 72181-8-12-B
Period of Agreement:
This Agreement shall commence on 10/1/2011 and continue through 9/30/2012
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.
IL Funding Source and Agreement Amount:
This Agreement is designated as a subrecipient relationship with the following stipulations:
A. Including federal funds and required local match, the total amount of this Agreement is
$ 484,352
B. The Department, under the terms of this Agreement, will provide federal pass-through funding not to
exceed $ 242,176
C. The Catalog of Federal Domestic Assistance (CFDA) number is 16 -738
D. The CFDA Title is Formula Edward Byrne Justice Assistance Grant
E. The federal agency name is U. S . Department of Justice, Bureau of Justice Assistance
F. The federal grant award number is 2011-DJ-BX-2240 •
G. The federal program title is Byrne JAG State FT 2012
Grant Summary:
The Contractor's Grant Summary is outlined in Attachment 1, which is part of this Agreement,
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IV. Statement of Work:
The Contractor agrees to undertake, perform and complete the services described in Attachment 2, which is part
of this Agreement. Any change to the Statement of Work, by either the Contractor or Department, requires a
formal Amendment in the Department's e-grant system, Michigan Automatic Grant Information Connection
(MAGIC), available at www.michigan.gov/magic.
V. Project Timeline:
The Contractor agrees to undertake, perform and complete the services within the timeline described in
Attachment 2-A, which is part of this Agreement. Any change to the Project Timeline, by either the Contractor or
Department, requires a formal Amendment in MAGIC.
VI. Program Budget:
The agreed upon Program Budget for this Agreement is referenced herein as Attachment 3, which is part of this
Agreement. Any change to the Program Budget, by either the Contractor or Department, requires a formal
Amendment in MAGIC.
Budget deviation allowances are not permitted.
VII. Amendments:
Any change proposed by the Contractor which would affect the Department funding of any project, in whole or in
part, must be submitted in writing, via MAGIC, to the Department for approval immediately upon determining the
need for such change. Changes made to this Agreement are only valid if made in MAGIC and accepted by both
the Contractor and the Department.
VIII. Contractor Responsibilities:
The Contractor in accordance with the general purposes and objectives of this Agreement will:
A. Publication Rights:
1. 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 42011-1DJ-BX-2240,
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."
2. The Department shall, in return, give recognition to the Contractor when applicable.
3. Where activities supported by this Agreement produce books, films, 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.
4. 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.
B. Reporting Responsibilities:
Failure to comply with any reporting responsibilities identified in this Agreement may result in withholding
grant payment(s) or the cancellation of grant award. Contractor's lack of compliance will also be taken
into account when considering future grant applications to and awards from the Department.
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C. Financial Reporting Requirements:
Financial reporting requirements shall be followed as defined within this section and as outlined in
Attachment 4, which is part of this Agreement.
1. Reimbursement Method/Mechanism:
a. 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 on the
Department of Technology, Management and Budget's web site located at:
http://www.cpexpress.state.mfus/.
b. This grant is reimbursement only. Contractor must document that expenditures have
been paid by local sources before requesting reimbursement from the Department.
c. Reimbursement from the Department is based upon the understanding that Department
funds will be paid up to the total Department allocation as agreed upon in the approved
Budget. Department funds are first source after the application of fees and earmarked
sources unless a specific local match condition exists.
d. Should the Contractor discover an error in a previous reimbursement request, the
Contractor shall immediately notify the Department and refund to the Department any
funds not authorized for use under this Agreement and any payments or funds advanced
to the Contractor in excess of allowable reimbursable expenses,
2. Financial Status Report (FSR) Submission (Attachment 5):
Once the contract has been signed and accepted, regardless of when this occurs, the Contractor
is responsible for preparing and submitting a FSR for each month of the Agreement, as specified
in MAGIC. The various FSRs are outlined below:
a. Monthly FSR:
Monthly FSRs must be prepared and submitted to the Department in MAGIC, no later
than 30 days after the close of each calendar month. Each month's reimbursement
request may only contain expenses from that month. Reimbursement requests that
include more than one month's expenditures may not be granted and will be returned to
the Contractor for explanation and/or correction and re-submission,
b. Obligation Report:
An Obligation Report, based on annual guidelines, is a one-time FSR and must be
submitted by the specified due date in MAGIC. In this report, the Contractor will provide
to the Department an estimate of total expenditures for the MAGIC date-specific
Agreement period. The information from this report will be used to record the
Department's year-end accounts payables and receivables for this Agreement.
C. Final FSR:
A Final FSR is due 30 days following the end of the fiscal year or Agreement period
specified in MAGIC. Final FSRs not received from the Contractor by the due date may
result in the loss of funding requested on the Obligation Report and/or a potential
reduction in the subsequent year's award, if/when applicable.
3. Unobliqated 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.
4. Program Income:
The Department of Justice regulations allow Contractors to keep funds (program income) derived
from grant activities, so long as these funds are used for the same purposes as the grant project.
In the absence of such regulations, these funds would be required to be returned to the
Department of Justice.
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Program income means the gross income earned by the Contractor during the grant period as a
direct result of the grant project,
All income generated as a direct result of a Department-funded project shall be deemed program
income.
Program income may be used to further program objectives under this Agreement or may be
refunded to the 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.
Asset forfeiture and treatment/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 administrative agency
(the Department).
When applicable, Program Income Reports (ADM-208B) are to be filed quarterly, and are
attached to the supplied Quarterly Progress Reports. This form will be provided.
Any program not earning program income must fill out and submit to the Department a Program
Income Waiver Report (ADM-208A) within 30 days of the acceptance of this Agreement. This
form will be provided.
5. Audits:
This section applies to Contractors designated as subrecipients. Contractors designated as
vendors are exempt from the provisions of this section,
a. 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.
b. 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.
c. 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-funded programs including,
but not limited to fraud, financial statement misstatements, and violations of contract and
grant provisions.
d. Audit Status Notification Letter:
Contractors exempt from both the Single Audit and Financial Statement Audit
requirements (b. and c. above) must submit an Audit Status Notification Letter that
certifies these exemptions (see Attachment 6).
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e. Due Date and Submission Information:
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
Grants Management Section
333 S. Grand Avenue, 5 th FI,
P.O. Box 30634
Lansing, MI 48909-0634
f. Penalty:
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.
ii. Delinquent Audit Status Notification Letter:
Failure to submit the Audit Status Notification Letter, when required, may result in
withholding from the current funding an amount equal to one percent of the audit
year's grant funding until the Audit Status Notification Letter is received.
Other Audits:
The Department or federal agencies may also conduct or arrange for "agreed upon
procedures" or additional audits to meet their needs.
6. Performance/Progress/PMT Report Requirements:
The progress reporting methods, as applicable, shall be followed as described in Attachment 4,
which is part of this Agreement through reference.
Progress reporting is due no later than 20 days after the end of each quarter through the federal
Performance Measurement Tool (PMT) system located at: http://wvvvv.bip_performancetools.orq.
Contractors will be provided from the Department a user login and password to gain access to
this system within 30 days of the start date of the Grant Agreement.
When applicable, additional programmatic Progress Reports are due no later than 20 days after
the end of each quarter.
7. Equipment 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 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.
All purchases supported in whole or in part through this Agreement must use procurement
procedures that conform to the Contractor's local requirements.
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8. Employee Time Certification:
All Agreement-funded employees, including employees of subcontractors, 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 this fully executed form to
their e-grant in MAGIC, This form will be provided.
9. 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 (may be off site) for a period of not less than four years from the date of grant closure,
the date of submission of the Final FSR or until litigation and audit findings have been resolved.
All retention record guidelines set by the local jurisdiction (Contractor) must be adhered to if they
require additional years beyond retention guidelines stated herein.
10. Authorized Access:
Permit upon reasonable notification and at reasonable times, access by authorized
representatives of the Department, Program Evaluators (contracted by 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.
The Department may conduct on-site monitoring visit(s) and/or grant audit(s) any time during the
grant period. All grant records and personnel must be made available during any visit, including
subcontractors, if requested.
The Department may request that a funded program be evaluated by an outside evaluation team
contracted by the Department. Contractors shall work cooperatively with the evaluation team in
such a manner that the program be able to be fully reviewed and assessed.
11. Subcontractor/Vendor Monitoring:
Contractor must ensure that each of its subcontractors comply with the Single Audit Act
requirements and must issue management decisions on audit findings of their subcontractors as
required by OMB Circular A-133. The Contractor is responsible for reviewing all single audit
adverse findings and ensuring that corrective actions are implemented. Contractor will ensure
subcontractors forward all single audits covering grant funds administered through the
Department to the Contractor.
Contractor must also develop a subcontractor monitoring plan that addresses "during the award
monitoring" of subcontractors to provide reasonable assurance that the subcontractor
administers Federal awards in compliance with laws, regulations, provisions of contracts and that
performance goals are achieved.
Contractor must establish requirements to ensure compliance for for-profit subcontractors as
required by OMB Circular A-133, Section .210(e).
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).
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12. Subcontracts:
Assure for any subcontracted service, activity or product:
a. 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.
b. 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.
c. That any executed subcontract to this Agreement shall require the subcontractor to
comply with all applicable terms and conditions of this Agreement, including all
Certifications and Assurances referenced in this Agreement.
d. 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:
i. Contains additional non-conflicting provisions not set forth in this Agreement;
ii. Restates provisions of this Agreement to afford the Contractor the same or
substantially the same rights and privileges as the Department; or,
Requires the subcontractor to perform duties and/or services in less time than
that afforded the Contractor in this Agreement.
e. That the subcontract does not affect the Contractor's accountability to the Department for
the subcontracted activity.
That any billing or request for reimbursement for subcontract costs is supported by a
valid subcontract and adequate source documentation on costs and services. All
subcontractors must submit requests for reimbursement to the Contractor in a timely
manner such that the Contractor can include these requests on the proper month's FSR.
Subcontractors must be paid within 30 days of receipt of reimbursement by the
Contractor.
13. Notification of Modifications:
Contractor must 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.
14. Software Compliance:
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 date/time
data.
15. Human Subjects:
Contractor agrees that prior to the initiation of researcht, Contractor will submit Institutional
Review Board (IRB) application material for all researa involving human subjects, which is
conducted in programs sponsored by the Department Qr in programs which receive funding from
or through the state of Michigan, to a federally assuredilRB for review and approval. All
paperwork involving the IRB must be submitted to the bepartment.
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16. Notification of Criminal or Administrative Investigations/Charges:
If the Contractor or Contractor's Project Director becomes aware of a criminal or administrative
investigation or charge that directly or indirectly involves grant funds referenced in this
Agreement, 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.
IX. Department Responsibilities:
The Department, in accordance with the general purposes, objectives -and terms and conditions of this
Agreement, will provide reimbursement based upon appropriate reports, records and documentation maintained
by the Contractor.
X. Department Contract Manager/Administrator of the Agreement:
The individual acting on behalf of the Department in administering this Agreement as the Contract Manager is:
Nancy Becker Bennett, Manager Telephone: (517) 373-2952
Michigan State Police Fax: (517) 241-1081
Grants Management Section E-mail: beckern@michician,gov
333 S. Grand Avenue, 5 th FL
P.O. Box 30634
Lansing, MI 48909-0634
XI. Agreement Suspension/Termination:
The Department may suspend and/or terminate this Agreement without further liability or penalty to the
Department for any of the following reasons:
A. This Agreement may be suspended by the Department if any of the terms of this Agreement are not
adhered to. Suspension requires immediate action by the Contractor to comply with Agreement terms;
otherwise, termination by the Department may occur.
B. 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,
C. 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 VIII, 16, above) of this Agreement during the term of this
Agreement or any extension thereof.
XII. 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,
XIII. Severabilitv:
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.
XIV. 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.
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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 of Michigan, its agencies (the
Department) or employees as provided by statute or court decisions.
C. In the event that liability to third parties, less, 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 of Michigan, its agencies (the Department) or
their employees, respectively, as provided by statute or court decisions.
XV. 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 full execution of this Agreement.
XVI. Certifications and Assurances:
These Certifications and Assurances are applicable to the Contractor and all subcontractors of the Contractor. It
is the 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.
A. Certifications:
Contractors should refer to the regulations cited below to determine the certification to which they are
required to attest. 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)."
B. Lobbying:
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 C.F.R. Part 69, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 28 C.F.R. Part
69, the Contractor certifies that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement;
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal grant or cooperative agreement, the contractor shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions; and,
3. The Contractor 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.
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C. 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 transactions, as defined at 28 C.F.R. Part 67, Section
67.510:
1, The Contractor certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of federal benefits by a state or federal court, or voluntarily
excluded from covered transactions by any federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
C. 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.
D. Drug-Free Workplace:
1. As required by the Drug-Free Workplace Act of 1988, and implemented at 28 C.F.R. Part 67,
Subpart F, for contractors, as defined at 28 C.F.R. Part 67 Sections 67.615 and 67,620. The
Contractor certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the contractor's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
b. Establishing an on-going drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The Contractor's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation and employee assistance programs;
and,
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a) of this section.
d. Notifying the employee in the statement required by paragraph (a) of this section that, as
a condition of employment under the grant, the employee will:
Abide by the terms of the statement; and,
ii. Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after
such conviction.
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e. Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d) (ii) of this section from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide notice,
including position title, to: Department of Justice, Office of Justice Programs, Attn:
Control Desk, 633 Indiana Avenue, NW., Washington, D.C. 20531. Notice shall include
the identification number(s) of each affected grant.
Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(ii) of this section, with respect to any employee who is so convicted:
i. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or,
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state or local
health, law enforcement or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug-free workplace,
E. Standard Assurances:
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, 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 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 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).
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(h));
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).
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If a governmental entity:
1. 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,
2. It will comply with requirements of 5 U.S.C. §51501-08 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,
F. Non-Supplanting:
It is imperative that the Contractor understand that the nonsupplanting requirement mandates that grant
funds may be used only to supplement (increase) a Contractor's budget, and may not supplant (replace)
state, local or tribal funds that a Contractor (inclusive of any subcontractors) otherwise would have spent
on positions and/or any other items approved in this Grant Budget if it had not received a grant award.
This means that if your agency plans to:
1. Hire new positions (including filling existing vacancies that are no longer funded in your agency's
budget), it must hire these additional positions on or after the official grant award start date,
above its current budgeted (funded) level of positions.
2. Rehire personnel who have already been laid off (at the time of application) as a result of state,
local, or tribal budget cuts, it must rehire the personnel on or after the official grant award start
date, and maintain documentation showing the date(s) that the positions were laid off and rehired.
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., it
the grant award start date is July 1 and the lay-off is scheduled for October 1, then the grant
funds may not be used to fund the officers until October 1, the date of the scheduled layoff), and
maintain documentation showing the date(s) and reason(s) for the lay-off. [Please note that as
long as your agency can document the date that the lay-off(s) would occur if the grant funds were
not available, it may transfer the personnel to the grant funding on or immediately after the date of
the lay-off without formally completing the administrative steps associated with a lay-off for each
individual personnel.]
4. Documentation that may be used to prove that scheduled lay-offs are occurring for local
economic reasons that are unrelated to the availability of grant funds may include (but are not
limited to) council or departmental meeting minutes, memoranda, notices, or orders discussing
the lay-offs; notices provided to the individual personnel regarding the date(s) of the layoffs;
and/or budget documents ordering departmental and/or jurisdiction-wide budget cuts. These
records must be maintained with your agency's grant records.
G. Compliance with Applicable Laws:
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, grant/agreement principles,
and audits in carrying out the terms of this Agreement.
H. Hatch Political Activity Act and Intergovernmental Personnel Act:
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 kind by any person or
organization involved in the administration of federally-assisted programs,
FY2012 Page 12 of 14
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Health Insurance Portability and Accountability Act HIPAA
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 HIPAA requirements including
the following:
1. Contractor must not share any protected health data and information provided by the Department
that falls within HI PAA requirements except to a subcontractor, as appropriate under this
Agreement.
2. Contractor must require the subcontractor not to share any protected health data and information
from the Department that falls under HI PAA requirements in the terms and conditions of the
subcontract.
3. Contractor must only use the protected health data and information for the purposes of this
Agreement.
4. 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. 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 Section XI, Agreement Suspension/Termination, above.
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,
XVII. Unallowable Expenses and Activities:
6 Costs in applying for this grant (e.g., consultants, grant writers, etc.).
• Any expenses incurred prior to the date of the contract.
• Any administrative costs not directly related to the administration of this grant 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.
• Losses from uncollectible bad debts.
• Purchase of land.
• Memberships and agency dues, unless a specific requirement of the project (prior approval required).
FY2012 Page 13 of 14
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6 Compensation to federal or state employees for travel or consulting fees.
• Military type equipment such as armored vehicles, explosive devices, and other items typically associated
with the military arsenal.
• Vehicles, vessels or aircraft.
6 Construction costs and/or renovation (including remodeling).
e Service contracts and training beyond the expiration of the grant award.
6 Informant fees, rewards or buy money.
9 K9 dogs and horses (including any food and/or supplies relating to the upkeep of law enforcement
animals).
• Livescan devices, and/or related equipment and supplies, for applicant prints.
6 Food, refreshments, snacks
o Note: Food and beverage costs require prior written approval from the Department, The written
proposal must include a justification for food and beverage costs, a working agenda of planned
activity, as well as an attendee list. Breakfasts and dinners will generally not be paid.
XVIII. Conditions on Expenses:
Costs must be reasonable and necessary. If required by the local jurisdiction, 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 Contractor 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 marketplace.
XIX. Conflict of Interest:
The Contractor and 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.
XX. 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.
XXI. Special Certification:
The individual electronically accepting this Agreement certifies by his/her acceptance that he/she is authorized to
sign this Agreement on behalf of the Contractor.
XXII. Contractor Signature:
The Authorized Official's typed name below, 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.
Michael Gingell
Name of Authorized Official (Please. print)
Chairman of the Board of Commissioners
Title of Authorized Official 0-'lease print)
FY2012 Page 14 of 14
Attachment 1
GRANT SUMMARY
72181-8-12-B
The Oakland County Narcotic Enforcement Team (N.E.T.) is a multijurisdictional task force
that was created to encourage cooperation between law enforcement departments within
southeast Michigan and other federal agencies. N.E.T. works cooperatively in an effort
to apprehend and convict those involved in the use, sale and distribution of illegal
drugs and narcotics.
Attachment 2
STATEMENT OF WORK
72181-8-12-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, antask 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 to two different NBA task force groups.
These groups have local officers working together with DEA agents.
One of the goals and objectives of the NET unit is to continue to respond to the needs of
the local police departments that are experiencing a reduction of law enforcement
personnel in their communities because of these difficult economic times. Hardest hit in
Oakland County is the City of Pontiac that has lost approximately fifty percent of its
police force in the last few years. Municipalities along the 8 Mile corridor in South
Oakland County are also experiencing staff reductions.
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 crew leaders of investigators from multi-jurisdictions.
The Oakland County Sheriff's Office will provide the Unit Commander, officers, and
administrative positions. OCSO 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 wiliefurther develop a true partnership between the Oakland County Sheriff's Office,
all local police departments, and federal agencies such as FBI, NSA, and ATF. The Oakland
County Sheriff's Office will take the lead role in the NET 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 resources 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
Rev. 4/11
Attachment 2
STATEMENT OF 'WORK
informants with these units 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, DEA, ATF and HIDTA, 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 Lieutenant - Unit Commander
4 Sergeants -team leaders
6 Deputies - team members
1 auditor
1 secretary
1 property room technician
1 PTNE Office Assistant
The Oakland County Sheriff's Office also provides the NET office, utilities, office
equipment, supplies, phones, pagers, computers, cell phones, officer equipment,
undercover vehicles, 1 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
Hazel Park Police Department
Lathrup Village Police Department
Madison Heights Police Department
Pontiac Police Department
Rochester Hills
Royal Oak Police Department
Southfield Police Department
Troy Police Department
Waterford Township Police Department
West Bloomfield Police Department
White Lake Township Police Department
Macomb County Sheriff's Office
DEA
NET is continuing to interact with local police agencies to increase the possibility of
Rev. 4111
Attachment 2
STATEMENT OF VVC)R1c
other departments joining NET. Although Waterford had to withdraw one officer from NET
due to financial constraints, the City of Rochester is considering placing one of their
officers in 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 only prosecute 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, often need to be answered on the spot.
The prosecutors assigned to the Section conduct training seminars 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
utilized 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. It 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 Oakland County Prosecutor's Office, through the efforts of the Narcotics Section
prosecutors, was in the forefront of criminalizing BZP (1-Benzylpi-perazine), which is a
derivative form of MDMA (Methylenedioxymethamphetamine, commonly known as ecstasy). BZP
is becoming more prevalent. It has similar physical effects as MDMA. As of this time last
year, the substance was not scheduled under Michigan law. Due, in part, to the efforts of
the Oakland County Prosecutor's Office, BZP is now scheduled under Michigan law. The
penalties one faces for possession and/or possession with intent to deliver BZP are now,
as they should be, identical to that of MDMA. Such accomplishments are just 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 causing death. The Michigan Legislature has enacted
this statute to allow severe punishment for defendants who deliver certain controlled
substances, which cause the death of the user. Such cases are often complex and time
• consumingee'requiringspecialeknowledgeot the chainof distributioneByeptoseautingetheseee e fT
cases the Oaklnad County ProsecuterLa -Office'sends the important message sent to -:
defendants that we will hold defendants accountable for the life ofeanotherphould eeu
peddling their poison causea deatheeThis message is being sent nobeenIy -eto-. theIYersonY
Rev. 4111
Attachment 2
• STATEMENT OF WORK
who delivers the controlled substance to the decendent but all distributors along the
chain of distribution.
From 2007 to the present, investigations into numerous suspects for delivering controlled
substances causing death have been undertaken. Thus far, twelve individuals have been
charged with this offense, which carries a maximum sentence of life in prison. Of those
charged, all have either pleaded guilty or have been found guilty as charged, with the
exception of those cases still pending. Additionally, there are several investigations
pending for similar charges. We believe the ability to charge and successfully prosecute
these cases will create a strong deterrent to offenders. The consequences of their
actions increase exponentially when a life sentence becomes the possible outcome.
In 2009, an investigation 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 General Information. Five of
the seven defendants were charged with life offenses. All seven defendants were convicted
either by pleas as charged 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. Several of the defendants were former violent offenders and one of the seven
was on parole for Armed Robbery at the time of these offenses.
In 2010, in cooperation with the United States Drug Enforcement Administration and its
task force agents, the Oakland County Prosecutor's Office Narcotics Section charged a
large-scale marijuana trafficking organization. Three of the six defendants were from
California; they were shipping and/or bringing pound quantities of high grade marijuana
into Michigan. Four of the six defendants have pleaded guilty. as charged to this
conspiracy and two are pending trial.
The rise in the abuse and sale of controlled substances obtained either by doctor
shopping and/or receiving prescriptions from licensed medical professionals and/or
utilizing fake or forged prescriptions creates the need for lengthy and complicated
investigations. In some instances, the medical professionals themselves 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. The abuse and sales of such drugs as Dihydrocodeinone
(Vicodin),Alprazolam (Zanax), and Oxycodone are on the rise. Attention to this trend is
critical as these drugs are highly addictive. Tracking illegal access to these drugs is
often difficult as there are legal means to obtain them. The abuse of prescription drugs
is increasing amongst our youth.
Methamphetamine labs are being located in Oakland. County with increasing frequency. The
need for the vertical prosecution unit to continually educate themselves on these
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 infiltration of labs into our county.
- The crime rate in the county seat,. Pontiac, is rising with alArming speed_ The city's
financial condition has resulted in extreme cuts in law enforGementHpemsoanel. The public
and especially the criminals are aware of the police inabiliq to keep.Upwith calls for
assistance. This awareness has lead to an influx into the cio of narcotics trafficking.
Rev. 4/11
Attachment 2
STATEMENT OF WORK
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 ofthe 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 high priced attorneys to defend their conduct. As turf wars emerge, it
increases the power struggle, and therefore, the killings among even the smallest
quantity dealers.
The prosecution aspect of this multijurisdictional drug task force will continue to
augment the funding for a special unit of three assistant drug prosecutors. 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 dismantling large-scale drug operations.
Aggressive prosecution and a continued practice of minimal plea-bargaining create a
reduction in the rate of crime growth. This 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 distribution. 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 level 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). One of the
members has been with the office for over 8 years, and another for 13 years. The need for
attorneys with experience is necessary to handle the complexity of the cases and stand
firm against the caliber of defense attorneys we face on a daily basis.
In the year 2007-2008, 151 marijuana cases were accepted for unit prosecution. This
number increased 47% in the year 2008-2009, to 222 cases, and remains consistent; due, in
large part, to the passing of the Michigan Medical Marihuana Act. This law contains many
ambiguities. The disagreement amongst prosecutors and defense attorneys as to how to
interpret the statute and its enforcement has resulted in highly contested litigation.
The MMMA has increased the workload of the Narcotics Section exponentially. The number of
individuals who are abusing the new law is overwhelming. Cases upon cases are arising
wherein persons are attempting to shield their criminal behavior behind an alleged
illness or, more commonly, a false persona of caretaking. The abuses of the new law come
from a financial motivation. What was supposed to be an amendment to,the..law aimed at
compassion has become a door opening for those.-motivated.by greed and-1.1.inanciaaainhe.:-
motion practice, legal research, and court,. time associated with combatingthe,'abuses ere
Rev. 4/11
Attachment 2
STATEMENT OF WORK
draining on the resources of the Narcotics Section. However, the aggressive retaliation
against the abuses and abusers of the law is necessary to protect the rights of those
legitimately attempting to benefit from the law. These cases have proven to be as time
consuming, if not more, than major cocaine conspiracies. It is necessary, therefore, to
have the Narcotics Section remain abreast of all case law developing throughout the state
relative to this new initiative. •
As law enforcement agencies (such as NET) become more and more effective in infiltrating
drug organizations the number of cases requiring the 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 need for the Byrne Grant to fund the fourth position is essential to
our continued success in the war on drugs and the violence that comes with it.
With the increase of in-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 merely reading a summary of the incidents and/or interviews in a
police report has increased exponentially the time necessary to properly prepare for
preliminary examinations, hearings, and trials.
The ability to download information from cellular phones, while extremely helpful in many
cases, also creates time-consuming preparation. To go through weeks and months of text
messaging and phone calls is tedious yet necessary for proper courtroom preparation. The
increased use of body wires on undercover officers and informants also increases the
workload for the trial attorney. Again, it is the difference between reading a
one-or-two-page summary and listening to hour(s) of audio.
While our evidence may have become stronger, the time necessary to properly prepare cases
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 multijurisdictional task force 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 impaneled). Continuation of this special
prosecution section depends upon the Byrne Grant award and county matched funds.
Rev. 4/11
PROGRAM
Oakland County Narcotic Enforcement Team
DATE PREPARED
6/10/2011
Of Page
1
CONTRACTOR NAME
County of Oakland
BUDGET PERIOD
From: 10/1/2011 9/30/2012 To
reet)
STATE
MI
BUDGET AGREEMENT
yi ORIGINAL Ej AMENDMENT IP>
FEDERAL ID NUMBER
AMENDMENT
ZIP CODE
48341 38-6004876
TOTAL BUDGET
$145,306
$96,870
$145,306
$96,870
$290,612
$193,740
MICHIGAN STATE POLICE
GRANTS MANAGEMENT SECTION
PROGRAM BUDGET SUMMARY
MSP PROJECT #72181-8-12-B
View at 100% or Larger
Use WHOLE DOLLARS Only
MAILING ADDRESS (Number and S
1200 N. Telegraph Rd.
CITY
Pont iac
EXPENDITURE CATEGORY
1. SALARIES & WAGES
2. FRINGE BENEFITS
3. TRAVEL
4. SUPPLIES & MATERIALS
5. CONTRACTUAL (Subcontracts/Subrecipients)
6. EQUIPMENT
7. OTHER EXPENSES
8. TOTAL DIRECT EXPENDITURES
(Sum of Lines 1-7) $242,176 $242,176 $484,352
9. TOTAL EXPENDITURES $242,176 $242,176 $484,352
SOURCE OF FUNDS
10. STATE AGREEMENT $242,176 $242,176
11. LOCAL $242,176 $242,176
14. TOTAL FUNDING $242,176 $242,176 $484,352
Rev. 4111
c
View at 100% or Larger Page of
Use WHOLE DOLLARS On!
MICHIGAN STATE POLICE
GRANTS MANAGEMENT SECTION
PROGRAM BUDGET COST DETAIL SCHEDULE
MSP PROJECT # 72181-8-12-B
PROGRAM BUDGET PERIOD DATE PREPARED
From: To: Oakland County Narcotic Enforcement Team , 10/1/2011 9/30/2012 8/10/20:11 ,
CONTRACTOR NAME BUDGET AGREEMENT AMENDMENT #
County of Oakland DORIGINAL DAMENDIVIENT
1. SALARY & WAGES POSITIONS COMMENTS TOTAL SALARY POSITION DESCRIPTION REQUIRED
Assistant Prosecuting Attorney IV 1 $58,122
Assistant Prosecuting Attorney TIT 2J $101,714
Deputy IT 1 $33,904
PTNE Office Assistant II 1 $9,686
; , Sergean: 21 $97,184
1. TOTAL SALARIES & WAGES: 7 $290,612
2. FRINGE BENEFITS (Specify)
0 FICA A LIFE INS. a DENTAL INS. COMPOSITE RATE
NUNEMPLOY INS. EVISION INS, IEWORK COMP. AMOUNT °A
ERETIREMENT MIHEARING INS.
EgHOSPITAL INS. COTHER (specify) 2. TOTAL FRINGE BENEFITS: $193,740
3. TRAVEL (Specify if category exceeds 10% of Total Expenditures)
$0 3 TOTAL TRAVEL:
4. SUPPLIES & MATERIALS (Specify if category exceeds 10% of Total Expenditures)
4. TOTAL SUPPLIES & MATERIALS: $0
5. CONTRACTUAL (Specify Subcontracts/Subrecipients)
Name Address Amount
5. TOTAL CONTRACTUAL: $0
6. EQUIPMENT (Specify items)
$0 6. TOTAL EQUIPMENT:
7. OTHER EXPENSES (Specify if category exceeds 10% of Total Expenditures)
,
1
- 1
i
f 7. TOTAL OTHER: ' $0
8. TOTAL DIRECT EXPENDITURES (Sum of Totals 1 -7) . 8. TOTAL DIRECT EXPENDITURES: $484,352 i 9. TOTAL EXPENDITURES (Sum of lines 8-9) i
Use Additional Sheets as Needed $494,352
Rev. 4/11
Attachment 4
PERFORMANCE / PROGRESS / PMT REPORT REQUIREMENTS
A. The Contractor shall submit the following reports on the following dates:
Progress reporting will take place no later than 20 days after the end
of each Quarter through the federal PMT system located at:
http://www.bjaperformancetools.arg. If applicable, another report also
due no 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.
Quarterly due dates are outlined below:
January 20, 2012
April 20, 2012
July 20, 2012
October 20, 2012
All Performance/Progress/PMT Reports must be attached to MAGIC by the
20th day after the end of each quarter. It is the grantees
responsibility to familiarize themselves with the requirements of the
Performance/Progress/PMT Reports, which are contained within an awarded
contract.
Additional quarterly progress reports are also required by all Byrne
JAG grantees. In addition to the PMT report, grantees must complete
the individualized quarterly progress report supplied by the MSP Grants
Management Section. These reports are available on
www.michigan.gov/cjgrants . This report is also due by the 20th of the
month following each quarter and must be attached to MAGIC. Please do
not click the "submit" button until both reports are attached to MAGIC.
Failure to submit reports in a timely manner will stop reimbursement of
funds and may be reason for closure of the agreement.
FSRs must be submitted on a monthly basis, no later than 30 days after
the close of each calendar month. Requests for reimbursement must be
submitted for the month in which payment by your agency was made.
Dates are outlined below:
10/1/11 - 10/31/11 Due 11/30/11
11/1/11 - 11/30/11 Due 12/30/11
12/1/11 - 12/31/11 Due 1/30/12
1/1/12 - 1/31/12 Due 2/28/12
2/1/12 - 2/28/12 Due 3/30/12
3/1/12 - 3/31/12 Due 4/30/12
4/1/12 - 4/30/12 Due 5/30/12
5/1/12 - 5/31/12 Due 6/30/12
6/1/12 - 6/30/12 Due 7/30/12
7/1/12 - 7/31/12 Due 8/30/12
8/1/12 - 8/31/12 Due 9/30/12
9/1/12 - 9/30/12 Due 10/30/12
Obligation Report 9/1/12-9/30/12 Due 10/12/12
The FSR form and instructions for completing the FSR form are contained
within the Michigan Automatic Grant Information Connection (MAGIC)
system. It is the grantees responsibility to familiarize themselves
with the requirements of the FSR, which are contained within an awarded
contract.
Rev, 4/11
Attachment 4
PERFORMANCE / PROGRESS / PMT REPORT REQUIREMENTS
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.
Rev. 4/11
Attachment 4
PERFORMANCE / PROGRESS I PMT REPORT REQUIREMENTS
C. The Contract Manager shall evaluate the reports submitted as described in
Attachment 4, Items A and B for their completeness and adequacy.
Rev. 4/11
Attachment 4
PERFORMANCE / PROGRESS / PMT REPORT REQUIREMENTS
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. 4111
Certifications and Assurances:
Contractors should refer to the regulations cited below to determine the certification to which they are
required to attest. These Certifications and Assurances are applicable to the Contractor and all
subcontractors of the Contractor. It is the 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.
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)."
Non-Supplantinq: -
It is imperative that the Contractor understand that the nonsupplanting requirement mandates that grant
funds may be used only to supplement (increase) a Contractor's budget, and may not supplant (replace)
state, local or tribal funds that a Contractor (inclusive of any subcontractors) otherwise would have spent
on positions and/or any other items approved in this Grant Budget if it had not received a grant award.
This means that if your agency plans to:
1.Hr e new positions (including filling existing vacancies that are no longer funded in your agency's
budget), it must hire these additional positions on or after the official grant award start date,
above its current budgeted (funded) level of positions.
2.Re hire personnel who have already been laid off (at the time of application) as a result of state,
local, or tribal budget cuts, it must rehire the personnel on or after the official grant award start
date, and maintain documentation showing the date(s) that the positions were laid off and
rehired.
3.Mai ntain personnel who are (at the time of application) currently scheduled to be laid off on a
future date as a result of state, local or tribal budget cuts, it must continue to fund the personnel
with its own funds from the grant award start date until the date of the scheduled lay-off (e.g., if
the grant award start date is July 1 and the lay-off is scheduled for October 1, then the grant
funds may not be used to fund the officers until October 1, the date of the scheduled layoff), and
maintain documentation showing the date(s) and reason(s) for the lay-off. [Please note that as
long as your agency can document the date that the lay-off(s) would occur if the grant funds were
not available, it may transfer the personnel to the grant funding on or immediately after the date
of the lay-off without formally completing the administrative steps associated with a lay-off for
each individual personnel.]
4.Do cumentation that may be used to prove that scheduled lay-offs are occurring for local
economic reasons that are unrelated to the availability of grant funds may include (but are not
limited to) council or departmental meeting minutes, memoranda, notices, or orders discussing
the lay-offs; notices provided to the individual personnel regarding the date(s) of the layoffs;
and/or budget documents ordering departmental and/or jurisdiction-wide budget cuts. These
records must be maintained with your agency's grant records.
Lobbying:
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 C.F.R. Part 69, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 28 C.F.R. Part
69, the Contractor certifies that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement;
2. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal grant or cooperative agreement, the contractor shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions; and,
3. The Contractor 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.
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 transactions, as defined at 28 C.F.R. Part 67, Section
67,510:
1, The Contractor certifies that it and its principals:
a.Are n ot presently debarred, suspended, proposed for debarment, declared ineligible, sentenced
to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered
transactions by any federal department or agency;
b.Ha ve 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.Ha ve 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:
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 C.F.R. Part 67, Subpart F,
for contractors, as defined at 28 C.F.R. Part 67 Sections 67.615 and 67.620.
1. The Contractor certifies that it will provide a drug-free workplace by:
a.Pub lishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the contractor's
workplace and specifying the actions that will be taken against employees for violation of such
prohibition;
bEstab fishing an on-going drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The Contractor's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation and employee assistance programs; and,
iv. The penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph (a) of this section,
d.No tifying the employee in the statement required by paragraph (a) of this section that, as a
condition of employment under the grant, the employee will:
i. Abide by the terms of the statement; and,
ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction,
e.No tifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d) (ii) of this section from an employee or otherwise receiving actual notice of
such conviction. Employers of convicted employees must provide notice, including position title,
to: Department of Justice, Office of Justice Programs, Attn: Control Desk, 633 Indiana Avenue,
N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected
grant.
f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(ii) of this section, with respect to any employee who is so convicted:
I. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or,
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local health, law
enforcement or other appropriate agency.
g.Mak ing a good faith effort to continue to maintain a drug-free workplace,
Standard Assurances:
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, 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 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 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).
If a governmental entity:
1. 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,
2. 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.
Unallowable Expenses and Activities:
e Costs in applying for this grant (e.g., consultants, grant writers, etc.).
e Any expenses incurred prior to the date of the contract.
O Any administrative costs not directly related to the administration of this grant award.
O Indirect costs rates or indirect administrative expenses (only direct costs permitted).
O Personnel, including law enforcement officers, not connected to the project for which you are
applying.
O Lobbying or advocacy for particular legislative or administrative reform.
O Fund raising and any salaries or expenses associated with it.
e 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.
e Management or administrative training, conferences (only pre-approved project related training).
e Management studies or research and development (costs related to evaluation are permitted).
• Fines and penalties.
• Losses from uncollectible bad debts.
• Purchase of land.
• Memberships and agency dues, unless a specific requirement of the project (prior approval
required).
e Compensation to federal or state employees for travel or consulting fees.
O Military type equipment such as armored vehicles, explosive devices, and other items typically
associated with the military arsenal.
O Vehicles, vessels or aircraft.
• Construction costs and/or renovation (including remodeling).
O Service contracts and training beyond the expiration of the grant award.
• Informant fees, rewards or buy money.
O K9 dogs and horses (including any food and/or supplies relating to the upkeep of law
enforcement animals).
• Livescan devices, and/or related equipment and supplies, for applicant prints.
• Food, refreshments, snacks
o Note: Food and beverage costs require prior written approval from the Department. The
written proposal must include a justification for food and beverage costs, a working agenda
of planned activity, as well as an attendee list. Breakfasts and dinners will generally not be
paid.
Conditions on Expenses:
Costs must be reasonable and necessary. If required by the local jurisdiction, 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 Contractor 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 marketplace.
Rev. 4/11
Expenditures
9090101-196030-730800 Non-Dept Grant Match
4010201-122080-788001-27320 Pros-Transfers Out
4010201-122080-731388 Prosecutor - Printing
4010201-122080-731458 Prosecutor - Prof Svcs
4010201-122080-731213 Prosecutor - Mem Dues
$1,160,000
0
59,564
15,000
47,000
4030901 -1 10090-788001-27320 Sheriff - Transfers Out 0
Total General Fund Expenditures $ 1 281 564
($ 30,272) $ 121,088
($ 30,272) 121,088
62,138 275,583
( 16,875) 185,093
($ 15,281) $_ 702.852
///t
FISCAL NOTE (MISC . #11286) November 30, 2011
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF, PROSECUTING ATTORNEY - FISCAL YEAR 2012 OAKLAND COUNTY NARCOTICS
ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE
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 are requesting the acceptance of the Fiscal Year 2012 Byrne
Memorial Grant for the Oakland County Narcotics Enforcement Team (NET) in the amount of $484,352 is
equal to the grant application.
The grant period is October 1,2011 through September 30, 2012.
The State contribution is $242,176 and County grant match is $242,176. The County match is included in
the Fiscal Year 2012 Non-departmental grant match line item.
The total program budget is $702,852 which includes the grant award of $242,176 and County grant
match of $242,176; the funding shortfall of $218,500 will be covered by $154,490 from the Sheriff
Department NET Drug Forfeitures account, and $39,191 from the Prosecutor Department Drug Forfeiture
account (4030901-110040-222430; 4010101-123030-222440) and reduction in General Fund
expenditures of $24,819.
5. The Prosecutor's Office proposes reducing their GF/GP budget by $24,819 and transferring those funds
to grant fund #27320 to meet their program commitments, consisting of $15,000 from Printing, $5,000
from Professional Services, and $4,819 from Membership Dues.
6. Grant award continues funding for two (2) SR Assistant Prosecutors, position numbers (4010201-06386,
and 07207) in the Prosecutor's Office; 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 Sheriff's Office.
7, A grant budget modification request will be submitted to the State to delete one (1) full time eligible (FTE)
SR Assistant Prosecutor III position (#4010201-07959), effective September 24, 2011, and reallocation of
the grant funding to the remaining positions.
8. The grant period is October 1, 2011 through September 30, 2012.
9. The FY 2012 Budget is amended as follows:
Amended
FY 2012
$ 19,745
50,608
$ 70.353
$ 151,360
151,360
213,445
201,968
$ 718,133
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long and Runestad absent.
GENERAL FUND #10100
Revenues
4030901-123030-670285 Sheriff Enhance Funds
4010101-122080-670285 Prosecutor Enhance Funds
Total General Fund Revenues
DRUG POLICY GRANT FUND #27320
Project GR #0000000146, Activity A,
Analysis Type GLB Budget Ref 2011
Revenues
4010201-122080-610313 Prosecutor - Grants Fed
4030901-110090-610313 Sheriff - Grants Federal
4030901-110090-695500-10100 Transfers In-Sheriff
4010201-122080-695500-10100 Transfers In - Pros.
Total Grant Fund Revenues
Adjusted
Adjustment FY 2012
$154,495 $ 174,240
11,416 39,192
$143,079 $ 213,432
($292,784) $ 867,216
185,099 185,099
(15,000) 44,564
( 5,000) 10,000
( 4,819) 42,181
275,583 275,583
a 143 079 $1,424,643
Sheriff - Salaries
Sheriff - Fringe Benefit
Prosecutor - Salaries
Prosecutor - Fringe Benefit
Prosecutor Salaries
Prosecutor -_Fringe Benefit
Prosecutor - Motor Pool Fuel
Expenditures
$ 233,830
124,974
158,872
91,304
65,506
37,647
6,000
$ 718,133
($ 8,824)
46,685
25,589
30,422
( 65,506)
( 37,647)
( 6,000)
$ 225.006
171,659
184,461
121,726
0
0
0
$ 702,852
DRUG POLICY GRANT FUND #27320 (cont')
Expenditures
4030901-110090-702010
4030901-110090-722740
4010201-122085-702010
4010201-122085-722740
4010201-122080-702010
4010201-122080-722740
4010201-122080-776659
Total Grant Fund
F I NAN. Cf COMM 13-T-
7/1
Resolution #11286 November 30, 2011
Moved by Weipert supported by Quarles the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub,
Weipert, Zack, Bosnic. (23)
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)
I, Bill Bullard Jr., 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 November
30, 2011, 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 30th day of November, 2011.
uu0 d94
Bill Bullard Jr., Oakland County