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Resolutions - 2015.11.12 - 22076
MISCELLANEOUS RESOLUTION #15279 November 12, 2015 BY: Public Services Committee, Bill Dwyer, chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY — FISCAL YEAR 2016 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 2016 Narcotics Enforcement Team (NET) Byrne Grant Program; and WHEREAS the grant application requested $405,210 in funding, which resulted in a grant award of $134,000; and WHEREAS there is no grant match required in FY 2016, but a 50% match was required in previous years; and WHEREAS the total NET Byrne program budget is $405,210 which consists of grant funding of $134,000; County grant match requested (no longer required) of $134,000; with the balance of $137,210 from the Sheriff's Restricted Law Enforcement Enhancement Fund #21341 to fulfill the program funding obligation; and WHEREAS the grant funding period is October 1, 2015 through September 30, 2016; and WHEREAS the grant award will continue partial funding of one (1) special revenue (SR) full-time eligible (FTE) Assistant Prosecutor position (#4010201-07207) in the Prosecuting Attorney's Office; and WHEREAS the grant award will continue partial funding of two (2) SR FTE Sergeant positions (#4030920-09829 and #4030920-09830), and one (1) SR part-time non-eligible PTNE 1,000 hours per year Office Assistant ll position (#4030920-10931) in the Sheriffs Office; and WHEREAS this grant award has completed the County Executive's Contract Review Process in accordance with 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, 2015 through September 30, 2016, in the amount of $134,000. BE IT FURTHER RESOLVED that $134,000 grant match (no longer required) be transferred from the County's General Fund Grant Match account. BE IT FURTHER RESOLVED that $137,210 be transferred from the Sheriff's Restricted Law Enforcement Enhancement Fund 21341. BE IT FURTHER RESOLVED to continue one (1) SR FTE Assistant Prosecutor position (#4010201-07207) in the Prosecuting Attorney's Office. BE IT FURTHER RESOLVED to continue two (2) SR FTE Sergeant positions (#4030920-09829 and #4030920- 09830), and one (1) SR PTNE 1,000 hour per year Office Assistant II position (#4030920-10931) in the Sheriffs Office/Investigative & Forensic Services/Narcotics Enforcement Team (NET.) Unit. 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, general fund, and Restricted Revenue Account funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. GRANT REVIEW SIGN OFF — Sheriffs Office / Prosecuting Attorney GRANT NAME: FY 2016 Narcotics Enforcement Team (NET) Grant FUNDING AGENCY: Michigan State Police DEPARTMENT CONTACT PERSON: Liz Coleman 248 858-2866 STATUS: Acceptance DATE: October 8, 2015 Pursuant to Misc. Resolution 413180, 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 placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (10/6/2015) Department of Human Resources: HR Approved (No Committee) Continues Positions — Lori Taylor (10/6/2015) Risk Management and Safety: Approved by Risk Management. —Robert Erlenbeck (10/6/2015) Corporation Counsel: Approved. —Nicole B. Tabin (10/8/2015) From: To: Cc: Subject: Date: Van Pelt. Laurie M West, Catherine A Secontine, Julie L; Taylor. Lori; Davis, Patricia G; Coleman. Llzbeth 3; Cunningham. Dale A; Miles, Brent I-t; • Oulsenberrv. Joseoh P; Wlegand, Beth M; Malone Jr.. Prentiss; Andrews. Michaei B; Scalf. Bonnie I Re: GRANT REVIEW: Sheriff's Office/Prosecuting Attorney - FY2016 Narcotics Enforcement Team (NET.) Grant - Acceptance Tuesday, October 06, 2015 11:40:25 AM Approved Sent from my iPhone On Oct 6, 2015, at 9:50 AM, West, Catherine A <westca@oakgov.com > wrote: GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Sheriff's Office/Prosecuting Attorney's Office FY2016 Narcotics Enforcement Team (N.E.T.) Grant Michigan State Police Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 13, 2015 GRANT INFORMATION Date: October 6, 2015 Operating Department: Sheriffs Office Department Contact: Liz Coleman Contact Phone: 248-858-2866 Document Identification Number: JAG-72181-N.E.T.-20 16 REVIEW STATUS: Acceptance —Resolution Required Funding Period: October 1, 2015 through September 30, 2016 Original source of funding: CFDA 16.738 Formula Edward Byrne Memorial Justice Assistance Grant Program Will you issue a sub award or contract: No New Facility / Additional Office Space Needs: N/A IT Resources (New Computer Hardware / Software Needs or Purchases): N/A Funding Continuation/New: Continuation Application Total Project Amount: $405,210 From: To: Cc: Subject: Date: Taylor. Lori West. Catherine A; Secontine. Julie L; Van Pelt. Laurie SI; Davis. Patricia G Coleman. Lizbeth J; cunningham. Dale A; Mies. Elrent H.; Oulsenberrv, Joseph P; Wlegand. Beth M; Malone Jr.. Prentisq; Andrews, Michael B; RE: GRANT REVIEW: Sheriff's Office/Prosecuting Attorney - FY2016 Narcotics Enforcement Team (N.E.T.) Grant - Acceptance Tuesday, October 06, 2015 2:01:29 PM HR Approved (No Committee) Continues Positions From: West, Catherine A Sent: Tuesday, October 06, 2015 9:51 AM To: Secontine, Julie L; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G Cc: Coleman, Llzbeth J; Cunningham, Dale A; Miles, Brent H; Quisenberry, Joseph P; Wiegand, Beth M; Malone Jr., Prentiss; Andrews, Michael B; Scalf, Bonnie L Subject: GRANT REVIEW: Sheriff's Office/Prosecuting Attorney - FY2016 Narcotics Enforcement Team (N.E.T.) Grant - Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Sheriffs Office/Prosecuting Attorney's Office FY2016 Narcotics Enforcement Team (N.E.T.) Grant Michigan State Police Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 13, 2015 GRANT INFORMATION Date: October 6, 2015 Operating Department: Sheriffs Office Department Contact: Liz Coleman Contact Phone: 248-858-2866 Document Identification Number: JAG-72181-N.E.T.-2016 REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2015 through September 30, 2016 Original source of funding: CFDA 16.738 Formula Edward Byrne Memorial Justice Assistance Grant Program Will you issue a sub award or contract: No New Facility / Additional Office Space Needs: N/A IT Resources (New Computer Hardware / Software Needs or Purchases): N/A Funding Continuation/New: Continuation From: To: Cc: Subject: Date: erlenbeck, Robert West, Catherine A; Secontine, Julie L; Van Pelt. Laurie Ni; Taylor Lori; Pavis Patricia G Coleman. Llzbeth J; Cunningham. Dale A; Mies. Brent 11; Quisenberry, Joseph P; Wieoand. Beth Ni; Malone Jr., Prentiss; Andrews, Michael B; Scar Bonne L RE: GRANT REVIEW: Sheriffs Office/Prosecuting Attorney - FY2016 Narcotics Enforcement Team (NET.) Grant - Acceptance Tuesday, October 06, 2015 12:26:21 PM Approved by Risk Management. R.E. 10/6/15. From: Easterling, Terri [mailto:easterlingt©oakgov.com ] Sent: Tuesday, October 06, 2015 11:35 AM To: West, Catherine A; Secontine, Julie L; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G Cc: Coleman, Lizbeth J; Cunningham, Dale A; Miles, Brent H; Quisenberry, Joseph P; Wiegand, Beth M; Malone Jr., Prentiss; Andrews, Michael B; Scalf, Bonnie L Subject: RE: GRANT REVIEW: Sheriff's Office/Prosecuting Attorney - FY2016 Narcotics Enforcement Team (N.E.T.) Grant - Acceptance Please be advised that your request for Risk Management's assistance has been assigned to Bob Erlenbeck, (ext. 8-1694). If you have not done so already, please forward all related information, documentation, and correspondence. Also, please include Risk Management's assignment number, RM15-0370, regarding this matter. Thank you. From: West, Catherine A Sent: Tuesday, October 06, 2015 9:51 AM To: Secontine, Julie L; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G Cc: Coleman, Lizbeth J; Cunningham, Dale A; Miles, Brent H; Quisenberry, Joseph P; Wiegand, Beth M; Malone Jr., Prentiss; Andrews, Michael B; Sealf, Bonnie L Subject: GRANT REVIEW: Sheriff's Office/Prosecuting Attorney - FY2016 Narcotics Enforcement Team (NET.) Grant - Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Sheriffs Office/Prosecuting Attorney's Office FY2016 Narcotics Enforcement Team (N.E.T.) Grant Michigan State Police Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 13, 2015 GRANT INFORMATION Date: October 6, 2015 From: To Cc: Subject: Date: Tabin, Nicole B West. Catherine A; Secontine, Julie L; Van Pelt, Laurie M; Taylor. Lori; Davis_PatricjaCi Coleman, Lizbethl; Cunninaham. Dale A; Mlle. Brent Oulsenberrv. Joseph P; Wlegand Beth M; Malone Jr Prentiss; Andrews, Michael 0; Scalf. Bonnie L RE: GRANT REVIEW: Sheriff's Office/Prosecuting Attorney - FY2016 Narcotics Enforcement Team (N.E.T.) Grant - Acceptance Thursday, October 08, 2015 10:21:41 AM Approved. 44bAKIAND7 s' .11 II IN1 1 V 1.1 Nicole B. Tabin Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 19 East Courthouse West Wing Extension, 3rd Floor Pontiac, MI 48341 Phone Number: (248) 858-1475 Fax Number: (248) 858-1003 E-mail: tabinn@oakgov.com From: West, Catherine A Sent: Tuesday, October 06, 2015 9:51 AM To Secontine, Julie L; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia Cc: Coleman, Lizheth J; Cunningham, Dale A; Miles, Brent H; Quisenberry, Joseph P; Wiegand, Beth M; Malone Jr., Prentiss; Andrews, Michael B; Scalf, Bonnie L Subject: GRANT REVIEW: Sheriff's Office/Prosecuting Attorney - FY2016 Narcotics Enforcement Team (N.E.T.) Grant - Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS —Laurie Van Pelt — Lori Taylor — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Sheriff's Office/Prosecuting Attorney's Office FY2016 Narcotics Enforcement Team (N.E.T.) Grant Michigan State Police Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 13, 2015 GRANT INFORMATION Date: October 6, 2015 RICK SNYDER GOVERNOR STATE OF MICHIGAN DEPARTMENT OF STATE POLICE ',Ammo COL. KRISTE KIBBEY ETLIE DIRECTOR September 30, 2015 Ms. Lizbeth Coleman NET, - County of Oakland 1200 North Telegraph Road Building 38, East Pontiac, Michigan 48341 RE: MSP #JAG-72181-N.E.T.-2016 Oakland County Narcotic Enforcement Team (NET) Dear Ms. Coleman: I am delighted to inform you that your Byrne Justice Assistance Grant application to the Michigan State Police (MSP), Grants and Community Services Division, has been selected to receive grant funding. With a focus on enhancing public safety, reducing and preventing crime remains a top priority for this Administration, and your organization's efforts are valued and appreciated. The federal funds award for your project, pending the finalization of the Grant Agreement (contract), is $134,000. Shortly, you will receive an email from our office advising you of specific requirements for your grant and/or the procedure for making necessary modifications to your application prior to accepting a contract with the MSP. it is crucial that you read through the entire contract to be sure you and your financial officer are aware of and able to abide by the grant requirements. For repeat grantees, we have changed several of the requirements from last year. F strongly encourage you to thoroughly review the contract and make note of these changes. Contract requirements will be enforced. Non-compliance of contract requirements may result in grant suspension and/or financial penalties. Remember, this is a reimbursement-only grant, By accepting this award, your agency also agrees to give recognition to the MSP and U.S. Department of Justice in any and all publications, papers, press releases, and presentations arising from the funded project (this also includes your subcontractors). The required disclaimer will be provided in Section VIII of your Grant Agreement, which will be made available to you upon acceptance of this award by your authorized official in the MAGIC-'- system. The paragraph that must be placed on all materials is: "This project was supported by Byrne JAG grant #2015-MU-BX-0964 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." If you have any questions or concerns about your award, please contact Mr. Jim Rapp at (517) 241-2916 or Ms. Leslie Wagner at (517) 241-1038. We look forward to working with you. Sincerely, tt &LAU( gtAla:11 Nancy Becker Bennett, Division Director Grants and Community Services Division MICHIGAN STATE POLICE HEADQUARTERS • 333 SOUTH GRAND AVENUE • P.O. BOX 30834 • LANSING, MICHIGAN 48009 Ithvw.mthigan.govimsp • (617)332-2621 ADM-205 (5/2015) MICHIGAN STATE POLICE Grants and Community Services Division AUTHORITY: 1935 PA 59; COMPLIANCE: Voluntary 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, Michigan 48341 Federal I.D. #: 38-6004876 hereinafter referred to as the "Contractor" for N.E.T. - County of Oakland Oakland County Narcotic Enforcement Team (NET) MSP Project # JAG-72181-N.E.T.-2016 Period of Agreement: This Agreement shall commence on 10/01/2015 and continue through 09/30/2016. 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. Funding Source and Agreement Amount: This Agreement is designated as a sub-recipient relationship with the following stipulation: A. Including federal funds and required local match, the total amount of this Agreement is $134,000.00. B. The Department under the terms of this Agreement, will provide federal pass-through funding not to exceed $134,000.00. C. The Catalog of Federal Domestic Assistance (CFDA) number is 16.738. D. The CFDA Title is Formula Edward Byrne Memorial Justice Assistance Grant Program. E. The federal agency name is U.S. Department of Justice, Bureau of Justice Assistance. F. The federal grant award number is 2015-MU-BX-0964. G. The federal program title is Byrne JAG State FY 2016. Grant Summary: The Contractor's Grant Summary is outlined in Attachment 1, which is part of this Agreement through reference. IV. Statement of Work: The Contractor agrees to undertake, perform and complete the services described in Attachment 2, which is part of this Agreement through reference. Any change to the Statement of Work, by either the Contractor or Department, requires a formal Amendment in the Department's e-grants system, Michigan Automatic Grant Information Connection Plus (IVIAGIC+), available at: https://msp.intelligrants.com . FY 2016 Page 1 of 14 ADM-205 (6/2015) MICHIGAN STATE POLICE Grants and Community Services Division 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 through reference. 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 Attachments 3-A and 3-B, which is part of this Agreement through reference. Any change to the Program Budget, by either the Contractor or Department, requires a formal Amendment in MAGIC+. 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 is 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 (including from subcontractors) herein by placing the following disclaimer on any and all publications, papers and presentations: 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. C. Uniform Crime Report (UCR): The Contractor, and all of its subcontractors, must comply with Michigan Public Act 319 of 1968, as amended. This law requires county sheriff's departments, as well as city, village, and township police departments to submit monthly UCR data to the Department. D. Financial Reporting Requirements: Financial reporting requirements shall be followed as defined within this section. 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 the Management and Budget Act, 1984 PA 431, MCL 18.1283a. Vendor registration information is available on the Department of Technology, Management and Budget's web site located at: http://www.cpexpress.state.mi.us/. b. This Agreement 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 FY 2016 Page 2 of 14 ADM-205 (612016) MICHIGAN STATE POLICE Grants and Community Services Division 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: Once the Agreement has been signed and accepted, regardless of when this occurs, the Contractor is responsible for repairing and submitting a FSR for each month of the Agreement period, 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. An example is found in Attachment 5, which is part of this agreement through reference. 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 years award, if/when applicable. 3. Unobligated 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 United States Department of Justice (DOJ) 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 DOJ. Program income means the gross income earned by the Contractor during the Agreement 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. DOJ 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 in MAGIC+. Any program not earning program income must fill out and submit to the Department a Program income Waiver Report (ADM-208A) in MAGIC+ within 30 days of the acceptance of this Agreement. Fy 2016 Page 3 of 14 ADM-205 (6/2015) MICHiGAN STATE POLICE Grants and Community Services Division 5. Audits: This section applies to Contractors designated as sub-recipients. Contractors designated as vendors are exempt from the provisions of this section. a. Single Audit: Contractors that expend $500,000 or more in federal awards during the Contractor's fiscal year must submit 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. 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. 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. c. Due Date and Submission Information: The required audit and any other required submissions (e.g., Corrective Action Plan and management letter with a response), must be submitted to the Department within nine months after the end of the Contractor's fiscal year to: Michigan Department of State Police Grants and Community Services Division Attn: Grants Coordination Unit P.O. Box 30634 Lansing, Michigan 48909-0634 d. Penalty: i. Delinquent Single Audit or Financial Statement Audit: lithe 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. e. Other Audits: The Department or federal agencies may also conduct or arrange for 'agreed upon procedures" or additional audits to meet their needs. E. 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://www.blaperformancetools.org . This link, as well as a user FY 2016 Page 4 of 14 ADM-205 (6/2015) MICHIGAN STATE POLICE Grants and Community Services Division login and password, will be provided in MAGIC+ within 45 days of the start date of the Agreement. When applicable, additional programmatic Progress Reports are due in MAGIC+ no later than 20 days after the end of each quarter. F. Eauipment 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. G. Employee Time Certification: It is the Contractor's obligation to notify the Department immediately when a Byrne JAG-funded employee (including employees of subcontractors): Is disabled or deceases while having been assigned to a grant-funded position; Is removed or reassigned from a grant-funded position; and/or, Is unable to report to work due to injury or illness not related to job performance (and is not replaced within 30 days by another employee). Contractor's failure to comply with notification to the Department could result in loss of position funding from the Department. All Agreement-funded employees, including employees of subcontractors, will complete and submit to Contractor an executed ADM-214 Employee Time Certification form (Attachment 6). 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 to the Contractor by the Department. H. 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 this 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. I. 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. J. SubcontractorNendor Monitoring: Contractor must ensure that each of its subcontractors comply with the Single Audit Act of 1984, as amended, 31 U.S.C. 7501 et seq. 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 FY 2016 Page 5 of 14 ADM-205 (612015) MICHIGAN STATE POLICE Grants and Community Services Division 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 ensure that sub-grantees are expending grant funds appropriately as approved in the MAGIC+ application and as specified through this Agreement, and must conduct monitoring activities to ensure compliance with all associated laws, regulations and provisions as well as ensure that performance goals are achieved. Contractor must 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). 1. Subcontracts: Assure for any subcontracted service, activity or product: a. That the Contractor will submit copies of all executed subcontracts in MAGIC+ within 60 days of the execution of this Agreement. 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 employee of the subcontracted agency that is authorized to enter into legally binding contracts for the entity receiving funds. The 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 this 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; Restates provisions of this Agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or, iii. 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. f. 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. K. 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. L. 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. M. Human Subjects: Contractor agrees that prior to the initiation of research, Contractor will submit Institutional Review Board (IRB) Fy 2016 Page 6 of 14 ADM-205 (612015) MICHIGAN STATE POLICE Grants and Community Services Division application material for all research involving human subjects, which is conducted in programs sponsored by the Department or in programs which receive funding from or through the state of Michigan, to a federally assured I RB for review and approval. All paperwork involving the IRB must be submitted to the Department. N. Notification of Criminal or Administrative Investigations/Charges: If any employee of the Contractor that is associated with this grant project becomes aware of a criminal or administrative investigation or charge that directly or indirectly involves grant funds referenced in this Agreement, the Contractor shall immediately notify the Department's Contract Manager, in writing, that such an investigation is ongoing or that a charge has been issued. 0. Byrne JAG Local Funding: The Contractor, and all of its subcontractors, must apply for any and all direct Byrne JAG funding from the DOJ for which it is eligible. The failure to submit the application is reason for termination of this Agreement. 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 Bennett, Division Director Michigan State Police 123 Grand Ave Lansing, Michigan 48864 Telephone : (517) 373-2952 Fax : (517) 241-1081 Email : beckern@michigan.gov XI. Agreement Suspension/Termination: The Department and/or the Contractor 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 this Agreement terms; otherwise, termination by the Department may occur. B. Failure of the Contractor to make satisfactory progress toward the goals, objectives, or strategies set forth in the Agreement. C. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. D. Filing false certification in this Agreement or other report or document. E. 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. F. 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, C16, 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. Severability: If any provision of this Agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this Agreement. FY 2016 Page 7 of 14 ADM-205 (6/2015) MICHIGAN STAJW POL1C Grants and Community SeNoes Division 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. 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, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this Agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the state 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 Agreement provides for compliance with certification requirements under 28 C.F.R. Part 69, "New Restrictions on Lobbying," 28 C.F.R. Part 67, "Government-wide Debarment and Suspension (Non-procurement)," and 28 C.F.R. Part 83, '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 FY 2016 Page a of 14 ADM-205 (612015) MICHIGAN STATE POLICE Grants and Community Services Division sub-awards at all tiers (including sub-grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. C. Debarment, Suspension and Other Responsibility Matters (Direct Recipient): Pursuant to Executive Order 12549 (Debarment and Suspension), and implemented at 2 C.F.R. Part 2867, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 2867, Section 2867,20(a). 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. Have not within a two-year period preceding this application been convicted of a felony criminal violation under any Federal law, unless such felony criminal conviction has been disclosed in writing to the Office of Justice Programs (0JP) at Oipcompliancereporting@usdoj.gov t and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Department and U.S. Government in this case. D. Federal Taxes: If the applicant is a corporation, the applicant certifies that either (1) the corporation has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to OJP at Ojpcompliancereporting©usdoj.gov , and after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Department and U.S. Government in this case. E. Drug-Free Workplace: 1. As required by the Drug-Free Workplace Act of 1988, and implemented at 28 C.F.R. Part 83, Subpart F, as defined at 28 C.F.R. Sections 83.620 and 83.650 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, as a condition of employment under the grant, the employee will: i. Abide by the terms of the statement; and, 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. 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 FY 2016 Page 9 of 14 ADM-205 (6/2015) MICHIGAN STATE POLICE Grants and Community Services DIvislon Programs, Attn: Control Desk, 810 7th Street, NW., 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, 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 through implementation of subparagraphs (a), (b), (c), (d), (e), and (f) above. F. 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; Executive Order 12372 (Intergovernmental Review of Federal Programs); and, 28 C.F.R. Parts 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 Government Accountability 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. Parts 18, 22, 23, 30, 35, 38, 42, 61 and 63, and the award term in 2 C.F.R. § 175.15(b). 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, Executive Order 11593 (Protection and Enhancement of the Cultural Environment), the Archeological and Historical Preservation Act of 1974, 16 U.S.C. §469 a-1 at seq., and the National Environmental Policy Act of 1969,42 U.S.C. § 4321. 5. It will comply with Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Executive Order 13559 (Fundamental Principles and Policymaking Criteria for Partnerships With Faith-based and Other Neighborhood Organizations), and the DOJ regulations on the Equal Treatment for Faith-Based Organizations, 28 C.F.R. Part 38, which prohibits recipients from using DOJ financial assistance on inherently or explicitly religious activities and from discriminating in the delivery of services on the basis of religion. Programs and activities must be carefully structured to ensure that DOJ financial assistance is not being used for literature, classes, meetings, counseling sessions, or other activities that support twelve-step programs, which are considered to be religious in nature. The twelve-step programs must take place at a separate time or location from the activities supported with DOJ financial assistance and the participation of beneficiaries in twelve-step programs is strictly voluntary. It must make clear to any and all vendors and program participants that twelve-step programming is separate and distinct from DOJ-funded activities. It must also ensure that participants are not compelled to participate in twelve-step programs and cannot penalize a participant who chooses not to participate in a twelve-step program. It must ensure that employees fully funded by DOJ are not involved with twelve-step programs whereby they are instructing or indoctrinating clients on the twelve steps. Employees of the Contractor or subcontractor shall clearly document the number of hours spent on secular activities associated with the DOJ-funded program and ensure that time spent on twelve-step programs is completely separate from time spent on permissible secular activities. In addition, at least one secular program must be provided as an alternative to twelve-step programming. 6. It will provide meaningful access to grant-funded programs and activities to Limited English Proficient (LEP) persons in accordance with Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.0 § 3789d. For a detailed discussion of the requirement to provide meaningful access to LEP persons, refer to the guidance issued by the DOJ on this matter entitled, 'Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient FY 2016 Page 10 of 14 ADM-205 (6/2015) MICHIGAN STATE POLICE Grants and Community Sen/lcos Division Persons," 67 FR 4155-01 (June 18, 2002). 7. It will comply and require any and all subcontractors to comply with any applicable statutorily-imposed nondiscrimination requirements, including the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d; the Victims of Crime Act of 1984,42 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 et seq.; the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart C; the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart D; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart G; Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); the DOJ implementing regulations at 28 C.F.R. Part 35; the Rehabilitation Act of 1973, 29 U.S.C. § 794; the Americans with Disabilities Act of 1990,42 U.S.C. § 12131-34; Title IX of 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; The DOJ regulations on the Equal Treatment for Faith-Based Organizations, 28 C.F.R. Part 38; The Michigan Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq.; and the Michigan Persons With Disabilities Civil Rights Act, MCL 37.1101 et seq. a. Notification: It may not discriminate in employment on the basis of race, color, national origin, religion, sax, and disability and may not discriminate in the delivery of services or benefits on the basis of race, color, national origin, religion, sex, disability, and age. These laws also prohibit retaliation against an individual for taking action or participating in action to secure rights protected by these laws. It shall notify all clients, customers, program participants, or consumers of the types of prohibited discrimination, as well as the complaint procedures, in writing. Notification may include placing posters in an area that may be easily viewed by all and/or providing a paper copy to each of the listed types of individuals. It shall forward all discrimination complaints to the Department as described in the complaint procedures in Attachment 7, Subcontractors, clients, customers, program participants or consumers may also report complaints to the Office of Justice Programs (0JP)/Office for Civil Rights (OCR) or the Michigan Department of Civil Rights (MDCR) directly, as outlined in Attachment 7, but the Contractor shall notify the Department of the complaint as soon as the complaint is known. In the event that a Federal or State court, or Federal or State Administrative Agency, makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against the Contractor or subcontractor, the Contractor shall forward a copy of the finding to the OJP/OCR and the Department. b. Training: Any and all D0J-funded employees of the Contractor and subcontractors shall receive periodic training at least once every contract year regarding the responsibility of the entities to comply with applicable federal civil rights laws as a recipient of federal funds. The Department shall provide the Contractor with access to training developed by the OJP/OCR, which may be found at: http://www.nij ,gov/ocr-training-videos/video-ocr-training.htm, and is also located in MAGIC+. The 00J-funded employees of the Contractor shall complete the required training within 90 days of the start date of this Agreement and certify that the required training has been completed by signing the OCR Compliance Training Form, which will be provided in MAGIC + after award acceptance. New employees shall complete the required training and provide a signed OCR Compliance Training Form to the Department within 90 days of the date of hire. c. Monitoring; The Department shall ensure that the Contractor is complying with all applicable civil rights laws and procedures by completing the Civil Rights Compliance Questionnaire, see Attachment 8, with the Contractor during site monitoring visits and desk audits. 8. It shall determine if an Equal Employment Opportunity Plan (EEOP) is required, pursuant to 28 C.F.R. 42.301 et seq. If the Contractor is not required to formulate an EEOP, a certification form shall be sent to the OJP/OCR, and the Office of Personnel Management (OPM) indicating that an EEOP is not required. If the Contractor is required to develop an EEOP, but is not required to submit the EEOP to the OCR, a certification form shall be sent to the OCR and the Department certifying that an EEOP is on file which meets the applicable requirements. If the Contractor is awarded a grant of $500,000 or more, and has 50 or more employees, a copy of the EEOP shall be submitted to the OJP/OCR and OPM. Non-profit organizations, Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to the OCR to claim the exemption (a copy of the form shall be submitted to the OPM). Additional information about the EEOP requirements may be found at http://www.ojp.usdoj.gov/about/ocileeop_comply.htm. 9. If the Contractor is a governmental entity, FY 2016 Page 11 of 14 ADM-205 (6/2015 MICHIGAN STATE POLICE Grants and Community Services Division a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, 42 U.S.C. § 4601 et seq., which governs the treatment of persons displaced as a result of federal and federally-assisted programs; and, b. it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-26, 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. G. Non-Supplanting: It is imperative that the Contractor understand that the no supplanting 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 the 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. 3. Maintain personnel who are (at the time of application) currently scheduled to be laid off on a future date as a result of state, local or tribal budget cuts, it must continue to fund the personnel with its own funds from the grant award start date until the date of the scheduled lay-off (e.g., if the 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. H. Hatch Political Activity Act and Intergovernmental Personnel Act: The Contractor will comply with the Hatch Act of 1939, 6 U.S.C. 1501-08, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act of 1978, 42 U.S.C. 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. I. Health Insurance Portability and Accountability Act of 1996: To the extent that the Health Insurance Portability and Accountability Act of 1996 is pertinent to the services that the Contractor provides to the Department under this Agreement, the Contractor assures that it is in compliance with the HIPAA requirements including the following: 1. Contractor must not share any protected health data and information provided by the Department that falls within the HIPAA 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 the HIPAA 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 FY 2016 Page 12 of 14 ADM-205 6/2015) MICHIGAN STATE POLICE Grants and Community Services Division 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 the 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: • Costs in applying for this grant (e.g., consultants, grant writers, etc.). • Any expenses incurred prior to the date of this Agreement. • Any administrative costs not directly related to the administration of this Agreement. • 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, unless prior approval by the Department is received. • Promotional items, unless prior approval by the Department is received. • One-time events, prizes, entertainment (e.g., tours, excursions, amusement parks, sporting events), unless prior approval by the Department is received. • Honorariums. • Contributions and donations. • Management or administrative training, conferences, unless prior approval by the Department is received. • Management studies or research and development (costs related to evaluation are permitted). • Fines and penalties. • Losses from uncollectible bad debts. • Purchases of land. • Memberships and agency dues, unless a specific requirement of the project, unless prior approval by the Department is received. • Compensation to federal employees. • Military type equipment such as armored vehicles, explosive devices, and other items typically associated with the military arsenal. • Purchasing of vehicles, vessels or aircraft. • Construction costs and/or renovation, including remodeling. • Service contracts and training beyond the expiration of this Agreement. • Informant fees, rewards or buy money. • Expert witness fees. • K9 dogs and horses, including any food and/or supplies relating to the upkeep of law enforcement animals: • Livescan devices for applicant prints including any related supplies. • Weapons, including tasers. • Food, refreshments, snacks. Note: No funding can be used to purchase food and/or beverages for any meeting, conference, training, or other event. Exceptions to this restriction may be made only in cases where such sustenance is not otherwise available (e.g., extremely remote areas), or where a special presentation at a conference requires a plenary address where there is no other time for sustenance to be attained. Such an exception would require prior approval from the Department and the DOI This restriction does not apply to water provided at no cost, but does apply to any and all other refreshments, regardless of the size or nature of the meeting. Additionally, this restriction does not impact direct payment of per diem amounts to individuals in a travel status under your organization's travel policy, 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 FY 2016 Page 13 of 14 ADM-205 (6/2015) MJCHIGAN STATE POLICE Grarts end Community Services Division 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, prior 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., and 1973 PA 196, as amended, MCL 15.341 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. XX!. Compliance with Applicable Laws: The Contractor will comply with applicable federal and state laws, guidelines, rules and regulations in carrying out the terms of this Agreement. The Contractor will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this Agreement. XXII. 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. XXIII. 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 Commiss title of authorized official (please print) FY 2016 Page 14 of 14 GRANT SUMMARY Attachment 1 JAG-72181-N.E.T,-2016 The Oakland County Narcotics Enforcement Team (NET) is a multijurisdictional task force created to encourage cooperation between federal, state, and local law enforcement agencies in Southeast Michigan. NET works collaboratively with partner agencies to apprehend and convict those involved in the use, sale, and distribution of illegal drugs and narcotics. STATEMENT OF WORK Attachment 2 JAG-72181-N.E.T.-2016 The Oakland County Narcotic Enforcement Team (NET) was established in 1971 as a multi-jurisdictional task force dedicated to combatting the distribution of illegal drugs and the associated violent crime. Through NET, federal, state, and local law enforcement agencies collaborate to identify, investigate, and prosecute drug traffickers and dismantle their organizations. NET is overseen by an Advisory Board which meets regularly to help set policy and provide direction to the task force. Each department and agency that commits a full-time officer to the task force is represented on the Advisory Board. NET is supervised and administered by the Oakland County Sheriff's Office (OCSO) and is supported by personnel from the federal Drug Enforcement Agency (DEA) and sixteen local police departments. Oakland County's staffing commitment includes the NET unit commander (Lieutenant), 4 team leaders (Sergeants), 5 team members (Deputies) and 4 administrative positions (secretary, auditor, property room technician, and office assistant). The OCSO also commits investigative buy funds, confidential informant payments, office space, utilities, phones, pagers, vests, vehicles, and all other equipment and supplies needed for task force operation. Additional full-time team members are supplied by participating police departments, which contribute their officers' salaries, fringe benefits, and related overtime costs to support NET operations. For the 2015-2016 project period, NET will continue to carry out activities in support of its mission: to encourage interagency cooperation in an effort to apprehend and convict those involved in the use, sale, and distribution of illegal drugs and narcotics. Specifically, the task force will remain focused on reducing and solving drug related criminal activity, supporting local agencies challenged by resource limitations (including budget constraints and reductions in force), and furthering investigative partnerships at all levels. Heroin, prescription opiates, methamphetamine, and cocaine will be targeted as priority drugs for FY 2016 and NET will expand community outreach efforts to educate the public on the dangers of these drugs, including death and serious injury from overdose. In recent years, NET has dedicated a portion of its personnel to a specialized Conspiracy crew that identifies and investigates large level drug organizations, multi-state organizations, and those that ship drugs using Fed Ex, UPS, and the US Postal Service throughout the county. Investigations of this nature would not be possible without contribution from the Byrne Justice Assistance program, which supports two of the four sergeants assigned to NET. These positions serve as crew leaders for NETs conspiracy team and one of three street teams and are key members of both operations. Because task force guidelines require each crew to be directly supervised by a sergeant, the loss or further reduction of Byrne funding would cut the number of specialized teams, significantly hampering NET's ability to target the trafficking of heroin and other illicit drugs. Byrne funding also provides essential support for a part-time office clerk who assists OCSO with tracking and reporting the NET statistics used to evaluate task force progress. The Narcotics Section of the Oakland County Prosecutor's Office consists of four assistant prosecuting attorneys, one of whom serves as a section leader supervising the other three. The section leader reports to the Chief of the Circuit Court Division, who reports to the Assistant Chief Prosecutor, who in turn reports to the county's elected Prosecutor. The Narcotics Section reviews investigations for the purpose of authorizing arrest warrants. Section members meet with law enforcement officers to examine cases and determine appropriate charges for the suspects involved in an investigation. Regardless of whether charges are authorized by a member of the Narcotics Section or by another assistant prosecuting attorney, all cases where a controlled substance charge is issued are reviewed by the Narcotics Section to determine the appropriateness of vertical prosecution. In FY 2014, the Oakland County Prosecutor's Office accepted 365 cases for vertical prosecution. Of the Section's ongoing cases, 386 drug and drug-related offenders were dispositioned, 353 were convicted, and the average minimum prison sentence for those incarcerated was 41.25 months. Success at this level would not be possible — and is not sustainable — without a fully staffed team of highly qualified and experienced prosecutors. To this affect, Byrne Justice Assistance funding is requested to continue supporting one of four assistant prosecuting attorney positions within the Narcotics Section for FY 2016. NOTE: This narrative is abridged for character count. Please see the attached supporting documentation for a complete Project Description. Project Timeline Attachment 2-A JAG-72181-N.E.T.-2016 First Quarter: This application requests continuation funding for an established multi-jurisdictional task force and grant activity is expected to continue uninterrupted if an award is made. Grant funded positions are already assigned to the task force and the Narcotics Section of the Prosecutor's Office so there will be no delay in implementation. Salary and fringe benefit expenses will be incurred throughout the project period with quarterly expenses equal to 1/4 of the award total. With the awarded amount of $134,000 for 2016; quarterly expenses are anticipated as follows: October 2015 — December 2015: State funds of $33,500. Second Quarter: Investigation, enforcement, and prosecution activity will continue throughout the second quarter. January 2016— March 2016 Expenditures: State funds of $33,500. Third Quarter: Investigation, enforcement, and prosecution activity will continue throughout the third quarter. April 2016— June 2016 Expenditures: State funds of $33,500. Fourth Quarter: Investigation, enforcement, and prosecution activity will continue throughout the fourth quarter. July 2016— September 2016 Expenditures: State funds of $33,500. MICHIGAN STATE POLICE Attachment 3 GRANTS MANAGEMENT DIVISION PROGRAM BUDGET SUMMARY MSP PROJECT # JAG-72181-N.E.T.-2016 View at 100% or Larger Use WHOLE DOLLARS Only PROGRAM Oakland County Narcotic Enforcement Team (NET) DATE PREPARED 10/5/2015 Page 1 Of 1 CONTRACTOR NAME County of Oakland BUDGET PERIOD From: 10/01/2015 To: 09/30/2016 MAILING ADDRESS (Number and Street) 1200 N. Telegraph Rd. BUDGET AGREEMENT [ ] ORIGINAL [ 1 AMENDMENT AMENDMENT 4 CITY Pontiac STATE Michigan 1 ZIP CODE 48341 FEDERAL ID NUMBER 38-6004876 EXPENDITURE CATEGORY TOTAL BUDGET 1. SALARIES & WAGES $82,537.00 $0.00 $82,537.00 2. FRINGE BENEFITS $51,463.00 $0.00 $51,463.00 3. TRAVEL $0.00 $0.00 $0.00 4. SUPPLIES & MATERIALS $0.00 $0.00 $0.00 5. CONTRACTUAL (Subcontracts/Subrecipients) $0.00 $0.00 $0.00 6. EQUIPMENT $0.00 $0.00 $0.00 7. OTHER EXPENSES $0.00 $0.00 $0.00 8. TOTAL DIRECT EXPENDITURES (Sum of Lines 1-7) $134,000.00 $0.00 $134,000.00 9. TOTAL EXPENDITURES $134,000,00 $0.00 $134,000.00 SOURCE OF FUNDS 10. STATE AGREEMENT $134,000.00 $134,000.00 11. LOCAL $0.00 $0.00 14. TOTAL FUNDING $134,000.00 $0.00 $134,000.00 Attachment 3 MICHIGAN STATE POLICE GRANTS MANAGEMENT DIVISION PROGRAM BUDGET - COST DETAIL SCHEDULE MSP PROJECT # JAG-72181-N.E.T.-2016 PROGRAM Oakland County Narcotic Enforcement Team (NET) BUDGET PERIOD DATE PREPARED From: 10/01/2015 Ir°091/30/2016 10/5/2015 CONTRACTOR NAME County of Oakland BUDGET AGREEMENT ORIGINAL AMENDMENT AMENDMENT # N/A 1. SALARY & WAGES POSITION DESCRIPTION COMMENT ... POSITIONS REQUIRED TOTAL SALARY Sergeant 09829 Sergeant 09830 PTNE Office Assistant 10931 Assistant Prosecutor II Sergeant assigned to NET Sergeant assigned to NET PTNE Office Assistant assigned to NET Asst Prosecutor assigned to Narcotics Section 1 1 1 $26,348.00 $26,348.00 $6,787.00 $23,054.00 1 TOTAL SALARY & WAGES: $82,537.00 2. FRINGE BENEFITS (Specify) X FICA X LIFE INS. X DENTAL INS. COMPOSITE RATE N/A X UNEMPLOY INS. X VISION INS. X WORK COMP. AMOUNT % X RETIREMENT X HEARING INS, X HOSPITAL INS. OTHER (specify) 2. TOTAL FRINGE BENEFITS: $51,463.00 3. TRAVEL 3. TOTAL TRAVEL: 4. SUPPLIES & MATERIALS 4. TOTAL SUPPLIES & MATERIALS: 5. CONTRACTUAL (Specify Subcontracts/Subrecipients) Name Address Amount - 5. TOTAL CONTRACUAL: 6. EQUIPMENT (Specify items) 6. TOTAL EQUIPMENT: 7. OTHER EXPENSES 7. TOTAL OTHER: B. TOTAL DIRECT EXPENDITURES: 8. TOTAL DIRECT EXPENDITURES (Sum of Totals $134,000.00 . _. 9. TOTAL EXPENDITURES (Sum of lines 8-9) $134,000.00 Use Additional Sheets as Needed Attachment -4 PERFORMANCE/PROGRESS/PMT REPORT REQUIREMENTS A. The Contractor shall submit the following reports on the following dates: Performance Management Tool (PMT) 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.org 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 Byrne JAG Unit. 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+. Quarterly due dates are outlined below: 1st Quarter: October 1, 2015 through December 31, 2015 2nd Quarter: January 1, 2016 through March 31, 2016 3rd Quarter: April 1, 2016 through June 30, 2016 4th Quarter: July 1,2016 through September 30, 2016 Due Date: January 20, 2016 Due Date: April 20, 2016 Due Date: July 20, 2016 Due Date: October 20, 2016 Personnel Time Certifications for grantees paying for personnel with grant funds are due 20 days following every six months, Personnel Time Certifications are due: 1st six months due on July 20, 2016 2nd six months due on October 20, 2016 Financial Status Reports (FSR) 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: 10/1/15 - 10/31/15 Due 11/30/15 11/1/15 - 11/30/15 Due 12/30/15 12/1/15 - 12/31/15 Due 1/30/16 1/1/16 - 1/31/16 Due 2/28/16 2/1/16 - 2/28/16 Due 3/30/16 3/1/16 - 3/31/16 Due 4/30/16 4/1/16 - 4/30/16 Due 5/30/16 5/1/16 - 5/31/16 Due 6/30/16 6/1/16 - 6/30/16 Due 7/30/16 7/1/16 - 7/31/16 Due 8/30/16 8/1/16 - 8/31/16 Due 9/30/16 9/1/16 - 9/30/16 Due 10/30/16 B. Any such other information as specified in the Statement of Work, Attachment 2, shall be developed and submitted by the Contractor as required by the Contract Manager. Attachment - 4 PERFORMANCE/PROGRESS/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. 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. MICHIGAN STATE POLICE Attachment 5 GRANTS MANAGEMENT DIVISION FINANCIAL STATUS REPORT MSP PROJECT # JAG-72181-N.E.T.-2016 Mail Code Contract Number Program Code Contractor Name Project - Title Street Address Report Period Thru Date Prepared City, State, ZIP Code Agreement Period Thru FE ID Number Reasons for Corrections: Category Expenditures Agreement Current Period ........----- Corrections Previous VT) Agreement Budget Balance 1. Salaries and Wages 2. Fringe Benefits 3. Travel 4. Supplies & Materials 5, Contracual (Sub-Contracts) 6. Equipment 7, Other Expenses 8. TOTAL DIRECT 9. Indirect Costs: Rate % O. TOTAL EXPENDITURES SOURCES OF FUNDS: 11. State Agreement 12. Local 16. TOTAL FUNDING CERTIFICATION: I certify that I am authorized to sign on behalf of the grantee agency and that this Is an accurate statement of expenditures and collections for the report period. Appropriate documentation is available and will be maintained for he required period to support costs and receipts reported. Project Director Financial Director Telephone Number Telephone Number — FOR STATE USE ONLY AY INDEX PCA OBJ CODE AMOUNT 1st Source 2nd Source ADM-2I4 (01/2013) Attachment 6 Michigan State Police Grants & Community Services Division BYRNE JUSTICE ASSISTANCE (BYRNE JAG) GRANT RESIDENTIAL SUBSTANCE ABUSE TREATMENT (RSAT) GRANT EMPLOYEE TIME CERTIFICATION brantee MSP Grant Number REPORTING PERIOD: lot Period 11 2nd Period (10/31 .3/31) (4/1 - 9130) Recorded below is the percentage of time funded by the Byrne JAG or RSAT award during the indicated reporting period and grant program. This percentage is supported by time sheets and reflects actual time worked. GRANT PROGRAM % OF TIME DATES FROM: TO: Byrne JAG RSAT CERTIFICATIONS: Employee has placed his/her signature below as certification of the above. Project Director or Supervisor places his/her signature below as concurrence of the above. Employee Name Employee Signature Date Project Director or Supervisor Name Project Director or Supervisor Signature Date SUBMISSION OF EMPLOYEE TIME CERTIFICATION: This form must be received by the Grants & Community Services Division within 30 days of the end of the reporting period. The form can be submitted via mail, fax or e-mail. Mail: Michigan State Police Grants & Community Services Division 333 S. Grand Ave., 51h Fl. P.O. Box 30634 Lansing, MI 48909-0634 Fax: (517) 241-1081 Email: MSP-CJGrantsamichician.qov AUTHORITY: 1935 PA 59, as amended. COMPLIANCE: Mandatory PENALTY: Grant Funds will be withheld if not returned to MSP within 30 days of the end of the reporting period. UD-040 (10102) Attachment 7 MEMORANDUM STATE OF MICHIGAN DEPARTMENT OF STATE POLICE DATE: August 13, 2013 TO: Department Members FROM: Nancy Becker Bennett, Director, Grants and Community Services Division (GCSD) SUBJECT: Discrimination Complaint Procedures for Federal Grant-Funded Projects I. Purpose As a condition for receiving funding from the U.S. Department of Justice (DOA all recipients and subrecipients of such funding must comply with applicable federal civil rights laws. This document will establish written procedures for MSP employees and DOJ-funded grant subrecipients to follow if a complaint alleging discrimination is received from clients, customers, program participants, or consumers of a MSP subrecipient implementing funding from the DOJ. II. Policy Recipients and subrecipients of DOJ funding may not discriminate in employment on the basis of race, color, national origin, religion, sex, and disability. They also may not discriminate in the delivery of services or benefits on the basis of race, color, national origin, religion, sex, disability, and age. The MSP will notify subrecipients of their required compliance with the following statues and regulations through the interagency agreement: • 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 1 973 (29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-07), Ex. Order 13279 (equal organizations); and 28 C.F.R. Part 38 (U.S. Department of Justice Equal Treatment for Faith-Based Organizations). • 28 CFR 42.301 et seq, which requires recipients determine if it is required to formulate an Equal Employment Opportunity Plan (EEOP). If the recipient is not required to formulate an EEOP, it will submit a certification form to the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights (OCR), and the Office of Personnel Management (OPM) indicating that it is not required to develop an EEOP. If the recipient is required to develop an EEOP, but is not required to submit the EEOP to the OCR, it will submit a certification form to the OCR and the MSP certifying that it has an EEOP on file which meets the applicable requirements. If the recipient is awarded a grant of $500,000 or more and has fifty or more employees, it will submit a copy of its EEOP to the OCR and OPM. Non-profit organizations, Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to the OCR to claim the exemption (a copy of the form should also be submitted to the OPM). • Title VI of the the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act of 1968m, which require subrecipients to provide meaningful access to programs and activities to Limited English Proficient (LEP) persons. • The Michigan Elliott-Larsen Civil Rights Act, MCL 37.2101 et. Seq, which prohibits discriminatory "A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY" practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, height, weight, familial status, or marital status in Michigan. • The Michigan Persons With Disabilities Civil Rights Act, Act 220 of 1976, which defines the civil rights of persons with disabilities; to prohibit discriminatory practices, policies, and customs in the exercise of those rights; to prescribe penalties and to provide remedies; and to provide for the promulgation of rules. These laws also prohibit agencies from retaliating against an individual for taking action or participating in action to secure rights protected by these laws. In the event that a Federal off State court, orf Federal or State Aadministrative Aagency, makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a Contractorthe Contractor, subcontractor or vendor, they will forward a copy of the finding will be forwarded to the Office for Civil Rights, Office of Justice Programs and the Department. The MSP will notify its own employees of their required compliance with the preceding civil rights statutes and regulations through an Official Order. Ill. Definitions Contract means any Government contract or subcontract or any federally assisted construction contract or subcontract. Complainant is a party that makes a complaint or files a formal charge. Discrimination means treating an individual or a group of individuals adversely because of protected class status; or using a test, standard, or employment practice that has the effect if illegally excluding or screening in or out of a protected class. MSP Employee is an individual providing services for and paid by the State of Michigan/Michigan State Police, including independent contractors, union and non-union employees, managers and supervisors, enlisted members and civilians. Recipient is the entity which receives a monetary award from the DOJ. Subcontract means any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee): 1. For the purchase, sale or use of personal property or nonpersonal services which in whole or in part, is necessary to the performance of any one or more contracts; or 2. Under which any portion of the contractor's obligation under any one or more contracts is performed, undertaken or assumed. Subcontractor is any person holding a subcontract, and, for the purposes of this definition, any person who has held a subcontract subject to the order. The term "first-tier subcontractor" refers to a subcontractor holding a subcontract with a prime contractor. Subrecipient is the entity that receives a monetary award from the DOJ recipient. Subrecipient Employee is an individual or subcontractor being paid using DOJ grant funds. IV. Complaint Procedures The following are MSP's procedures for accepting and responding to discrimination complaints from subrecipient employees, clients, customers, program participants, or consumers of a MSP subrecipient implementing funding from the DOJ: 1. All discrimination complaints associated with DOJ grants shall be submitted to the Grants and "A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY" Community Services Division (GCSD) by mail, telephone or e-mail to: Michigan State Police Grants and Community Services Division 333 S. Grand Ave. Lansing, MI 48909 (517) 373-2960 MSP-CJGrants@michigan.gov 2. The GCSD Director will send the complainant a letter within 10 days from the date it was received to acknowledge receipt of the complaint, notify the complainant that it has been submitted to the Michigan Department of Civil Rights, and inform the complainant that he or she may also file a complaint directly with the federal Office for Civil Rights (OCR) at: Office of Justice Programs Office for Civil Rights 810 7th Street NW Washington, DC 20531 (202) 307-0690 Fax: (202) 616-9865 TTY: (202) 307-2027 3. Within 10 days of the receipt of the complaint, the GCSD Director will send an email to the DOJ subrecipient to notify the agency that a complaint against has been filed against it. 4. The GCSD Director will forward the complaint to the Inspector of the MSP Office of Human Resources (OHR) immediately upon receipt of the complaint. The OHR Inspector or his or her designee will serve as the coordinator for all complaints regarding civil rights violations and will immediately forward the complaint to the Michigan Department of Civil Rights by emailing MDCRServiceCenter@michigan.gov . If MDCR informs the MSP that it does not have jurisdiction to investigate the complaint, the OHR Inspector will forward the complaint to the OCR for investigation. The preceding complaint procedures are an attachment to the subrecipient contracts for all DOJ grants awarded by the MSP. Subrecipients must notify all clients, customers, program participants, or consumers of the types of prohibited discrimination, as well as the complaint procedures, in writing. Notification may include placing posters in an area that may be easily viewed by all and/or providing a paper copy to each of the listed types of individuals. Subrecipients must forward all discrimination complaints to the MSP as described in the complaint procedures. Subcontractors, clients, customers, program participants or consumers may also report complaints to the Office of Justice Programs/Office for Civil Rights or the Michigan Department of Civil Rights directly, but the MSP must be notified of the complaint by the subrecipient as soon as the complaint is known. The MSP will ensure that all subrecipients are in compliance with the identified statutes and regulations by reviewing subrecipient procedures during site visits and other subrecipient monitoring activities. 5. The MSP, in cooperation with MDCR and OCR, will review and complete complaint investigations within 120-days. Complainants will receive written notification of the completion of the investigation and any associated findings within 10-days of the completion of the investigation. If the complexity of the investigation precludes this 120 day timeline from being met, the MSP shall notify the complainant in writing when it becomes aware that the investigation will not meet the 120 day timeline. This correspondence shall include a new timeline with an estimated completion date. V. Training All D0J-funded MSP employees and subrecipients will receive periodic training at least once every contract year regarding their responsibility to comply with applicable federal civil rights in their capacity as a recipient of federal funds. Additionally, training will include review of these complaint procedures, "A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY" including the employee's responsibility to refer discrimination complaints from clients, customers, program participants, or consumers to the appropriate MSP contact. The GCSD will provide DOJ-grant subrecipients and DOJ-funded MSP employees with access to OCR training modules, found on OCR's website, http://www.ojp.usdoj.gov/about/ocriassistance.htm . Subrecipients will be required to certify they have completed this training during the first quarter of each grant cycle as part of their grant award agreement with the MSP. These procedures and training requirements will also be disseminated to MSP employees via departmental memoorandum and posted on the MSP intranet website. New employees will receive a copy of the procedures and access to the DHS training program during initial job training from any supervisor managing DOJ-funded employees. VI. Monitoring The GCSD has implemented a two-part process to ensure and monitor sub-recipients compliance with civil rights laws. Applicants must annually complete and submit to the GCSD the Civil Rights Compliance Questionnaire. Additionally, MSP grant advisors will complete the Civil Rights Compliance Questionnaire with applicants during on-site monitoring visits. VII. Policy Dissemination This policy shall be distributed to all MSP employees via a department-wide memorandum contingent upon final OCR approval. Additionally, the policy will be distributed via MSP's grant award agreement with DOJ-funded subrecipents as part of the standard grant award package. "A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY" Attachment 8 Federal Civil Rights Compliance Checklist 1. If the subrecipient is required to prepare an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R. §§ 42.301-.308, does the subrecipient have an EEOP on file for review? D Yes 0 No If yes, on what date did the subrecipient prepare the EEOP? 2. Has the subrecipient submitted an EEOP Short Form to the Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (D0J), if required by 28 C.F.R. §§ 42.301-.308? If the subrecipient is not required to submit an EEOP Short Form to the OCR, has it submitted a certification form to the OCR claiming a partial or complete exemption from theEEOP requirements? 1=1 Yes- submitted an EEOP Short Form D Yes- submitted a certification D No If the subrecipient prepared an EEOP Short Form, on what date did the subrecipient prepare it? 3. How does the subrecipient notify program participants and beneficiaries that it does not discriminate on the basis of race, color, national origin, religion, sex, disability, and age in the delivery of services (e.g. posters, inclusion in brochures or other program materials, etc.)? Comments: 4. How does the subrecipient notify employees that it does not discriminate on the basis of race, color, national origin, religion, sex, and disability in employment practices (e.g. posters, dissemination of relevant orders or policies, inclusion in recruitment materials, etc.)? Comments: 5. Does the subrecipient have written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the subrecipient with the [State Administering Agency] or the OCR? 0 Yes 0 No If yes, an explanation of these policies and procedures: 6. If the subrecipient has 50 or more employees and receives DOJ funding of $25,000 or more, has the subrecipient taken the following actions: Adopted grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28 C.F.R. Part 42, Subpart G, which prohibit discrimination on the basis of a disability in employment practices and the delivery of services. 0 Yes 0 No Designated a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 C.F.R. Part 42, Subpart G. O Yes D No • Notified participants, beneficiaries, employees, applicants, and others that the subrecipient does not discriminate on the basis of disability. O Yes 0 No Comments: 7. If the subrecipient operates an education program or activity, has the subrecipient taken the following actions: Adopted grievance procedures that provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Title IX of the Education Amendments of • 1972, found at 28 C.F.R. Part 54, which prohibit discrimination on the basis of sex. O Yes 0 No • Designated a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 C.F.R. Part 54. O Yes 0 No Notified applicants for admission and employment, employees, students, parents, and others that the subrecipient does not discriminate on the basis of sex in its educational programs or activities. • Yes 1:1 No Comments: 8. Has the subrecipient complied with the requirement to submit to the OCR any findings of discrimination against the subrecipient issued by a federal or state comi or federal or state administrative agency on the grounds of race, color, religion, national origin, or sex? ▪ Yes ONe Cornments: 9. What steps has the subrecipient taken to provide meaningful access to its programs and activities to persons who have limited English proficiency (LEP)? Comments, including an indication of whether the subrecipient has developed a written policy on providing language access services to LEP persons: 10. Does the subrecipient conduct any training for its employees on the requirements under federal civil rights laws? ▪ Yes D No Comments: 11. If the subrecipient conducts religious activities as part of its programs or services, does the subrecipient do the following: a. Provide services to everyone regardless of religion or religious belief. • Yes D No b. Ensure that it does not use federal funds to conduct inherently religious activities, such as prayer, religious instruction, or proselytization, and that such activities are kept separate in time or place from federally-funded activities. • Yes DNo c. Ensure that participation in religious activities is voluntary for beneficiaries of federally-funded programs. Yes LI No Comments: FY2016 NET Byrne Award Current Total Salary Tot Fringes Total Salary/Frg Position # Narcotics Section Sgt. Perry Dare Sgt. Doug Stewart Donna Corwin 09829 09830 10931 79,843 79,843 18,841 57,097 54,012 875 136,940 133,855 19,716 290,511 Sheriff Total Less Grant/Match share Less Additional County Match Less Overage from Prosecutor Budget Required Supplement from Sheriffs Restricted Fund (67,000) (67,000) (19,301) 137,210 APA C.A. Childers 07207 69,859 44,840 114,699 Prosecutor Total 114,699 Less Prosecutor Grant/Match share (67,000) Less Additional County Match (67,000) Overage applied to Sheriff Budget (19,301) Source: Based on Oakland County FY2016 Salary and Fringe Benefit Forecast provided by Prentiss Malone Scope: NET Grant Purpose: To forecast position costs for grant funded positions to assist in determining the Sheriff/Prosecutor budget obligation as part of the grant application proce FISCAL NOTE (miSC .#15279) November 12, 2015 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: SHERIFF, PROSECUTING ATTORNEY — FISCAL YEAR 2016 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) BYRNE 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 Sheriff and Prosecuting Attorney have been awarded funding in the amount of $134,000 from Michigan State Police for the Fiscal Year 2016 Narcotics Enforcement Team (NET) Byrne Grant Program. 2. The grant period is October 1, 2015 through September 30, 2016. 3. The total NET Byrne program budget of $405,210 consists of $134,000 in State funding, $134,000 County voluntary grant match and the remaining balance of $137,210 to be funded by the Sheriff's Office Law Enforcement Enhancement Fund #21341. 4. This grant award continues funding one (1) Special Revenue (SR) Assistant Prosecutor position (#4010201- 07207) in the Prosecutor's Office; and two (2) SR Sergeant positions (#4030901- 09829, 8, 09830), and one (1) SR part-time non-eligible PTNE 1,000 hour/year Office Assistant II position (#4030920-10931) in the Sheriff's Office. 5. Acceptance of this grant does not obligate the County to future commitments and continuation is contingent upon future grant, general fund match and forfeiture account funding. 6. The Fiscal Year 2016 budget is amended as follows: General Fund (#10100) Expenditures 9090101-196030-730800 Grant Match 4010101-122080-788001-27320 Transfers Out 4030901-110090-788001-27320 Transfers Out Total Expenses FY 2016 Amendment ($134,000) 67,000 67,000 $ 0 Law Enforcement Enhancement Fund (#21341) Revenue 4030901-110090-665882 Planned Use of Bal $ 137,210 Total Revenue $ 137,210 Expenditures 4030901-110090-788001-27320 Transfers Out Total Expenditures Drug Policy Grant (#27320) GR #0000000146 Bud Ref 2016, Activity GLB Analysis GLB Revenue 4010201-122080-610313 Grants Federal 4030901-110090-610313 Grants Federal 4030901-110090-695500-21341Transfers In Sher 4030901-110090-695500-10100Transfers In Sher 4010201-122080-695500-10100Transfers In Pros Total Revenue FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Matis absent. $ 137,210 $ 137,210 ($ 10,000) ( 10,000) 11,103 ( 10,000) ,( 10,000) ($_28—a97), Expenditures 4030901-110090-702010 4030901-110090-722740 4030901-110090-702140 4010201-122080-702010 4010201-122080-722740 4010201-122080-702140 Salaries Fringe Benefit Other Misc Sal Salaries Fringe Benefit Other Misc Sal Total Expenditures $ 5,047 1,337 152 ( 27,444) ( 8,074) 85 ($ 28,891) FINANCE COMMITTEE Resolution #15279 November 12, 2015 Moved by Spisz supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, KowaII, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (20) 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). —7 I HEREBYAPPROVE TFIlS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 12, 2015, 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 12th day of November 2015. Lisa Brown, Oakland County