HomeMy WebLinkAboutResolutions - 2005.12.08 - 27819MISCELLANEOUS RESOLUTION #05300 December 8, 2005
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: PROSECUTING ATTORNEY, SHERIFF - FISCAL YEAR 2006 BYRNE MEMORIAL GRANT
- OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Community Health has awarded the
Prosecuting Attorney and Sheriff funding for the Narcotics Enforcement Team
(NET); and
WHEREAS the grant funding is for the period of October 1, 2005 through
September 30, 2006, in the amount of $704,000; and
WHEREAS the state contribution is $352,000 (50%), and the County grant
match is $352,000 (50%); and
WHEREAS the required County match of $352,000 has been included in the
FY 2006 Adopted Budget; and
WHEREAS the grant will fund three (3) SR Assistant Prosecutor positions
(#41201-6386, #41201-7207, #41201-7959) in the Prosecuting Attorney's Office,
two (2) SR Sergeant positions (#43920-9829, #43920-9830), one (1) SR Deputy
II (position #43920-9831), and one (1) SR Office Assistant II (position
#43920-7960) in the Sheriff's Office; and
WHEREAS this grant award has been processed through the County
Executive's Contract Review Process and the Board of Commissioners' Grant
Application Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Commissioners accepts the Oakland County NET grant award for the
October 1, 2005 through September 30, 2006, in the amount of $704,
includes $352,000 State allocation and $352,000 in County grant mat
BE IT FURTHER RESOLVED that the Chairperson of the
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 funding.
Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on a roll call vote with Gregory absent.
Board of
period of
000, which
ch.
Board of
Gaia Piir
From: Greg Givens [givensg@co.oakland.mi.us]
Sent: Monday, October 31, 2005 2:48 PM
To: Doyle, Larry; newmanm@co.oakland.mi.us ; Cunningham, Dale; Piir, Gaia; Rozell, Joe
Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel,
Nancy; Johnston, Brenthy; Worthington, Pam
Subject: GRANT REVIEW — Sheriffs Office / NET
GRANT REVIEW - Sheriff's Office
GRANT NAME: FY 2006 Oakland County Narcotic Enforcement Team (NET) FUNDING AGENCY:
Michigan Office of Drug Control Policy / Byrne
DEPARTMENT CONTACT PERSON: Capt. Mark Newman / 8-5087
STATUS: Acceptance
DATE: October 31, 2005
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have
completed internal grant review. Below are the comments returned by review departments.
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 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 of Management and Budget:
Approved.- Laurie Van Pelt (10/21/2005)
Department of Human Resources:
Approved. - Nancy Scarlet (10/25/2005)
Risk Management and Safety:
Approved By Risk Management - Julie Secontine (10/29/2005)
Corporation Counsel:
There appear to be no unresolved legal issues that require further action in this grant
contract. - Karen Agacinski (10/26/2005)
1
Contract #: 20061605
Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
County of Oakland
1200 N. Telegraph Rd.
Pontiac, MI, 48341
Federal I.D.#: 38-6004876
hereinafter referred to as the "Contractor"
for
N.E.T. - County of Oakland
Oakland County Narcotic Enforcement Team
ODCP #72181-2-06-B
Part I
1. Period of Agreement: This agreement shall commence on 10/1/2005 and continue
through 9/30/2006 . This agreement is in full force and effect for the period
specified.
2. Program Budget and Agreement Amount
A. Agreement Amount
The total amount of this agreement is $ 704,000 . The Department under
the terms of this agreement will provide funding not to exceed $ 352,000
The federal funding provided by the Department is: $ 352,000 or
approximately loo . oo %; the Catalog of Federal Domestic Assistance (CFDA)
number is 16.738 and the
CFDA Title is Byrne Memorial Justice Assistance Grant
the federal agency name is
United States Department of Justice
the federal grant award number is 2004D5BX0052 and federal program title
is Byrne Formula Grant
The grant agreement is designated as a subrecipient relationship.
B. Equipment Purchases and Title
Any contractor equipment purchases supported in whole or in part through this
agreement must be listed in the supporting Equipment Inventory Schedule.
Equipment means tangible, non-expendable, personal property having useful life
of more than one (1) year and an acquisition cost of $5,000 or more per unit.
Title to items having a unit acquisition cost of less than $5,000 shall vest with the
Contractor upon acquisition. 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.
C. Deviation Allowance
A deviation allowance modifying an established budget category by $10,000 or
15%, whichever is greater, is permissible without prior written approval of the
Department. Any modification or deviations in excess of this provision, including
any adjustment to the total amount of this agreement, must be made in writing
and executed by all parties to this agreement before the modifications can be
implemented. This deviation allowance does not authorize new categories,
subcontracts, equipment items or positions not shown in the attached Program
Budget Summary and supporting detail schedules.
3. Purpose: The focus of the program is to: See Attachment 1.
4. Statement of Work: The Contractor agrees to undertake, perform and complete the
services described in Attachment 2, which is part of this agreement through reference.
5. Financial Requirements: The financial requirements shall be followed as described in
Part II of this agreement and Attachment 5, which are part of this agreement through
reference.
6. Performance/Progress Report Requirements: The progress reporting methods, as
applicable, shall be followed as described in Attachment 4, which is part of this
agreement through reference.
7. General Provisions: The Contractor agrees to comply with the General Provisions
outlined in Part II, which is part of this agreement through reference.
8. Administration of the Agreement:
The person acting for the Department in administering this agreement (hereinafter
referred to as the Contract Manager) is:
Nancy Bennett
Name, Location/Building
Title Telephone No.
BeckerN@michigan.gov
Email Address
9. Special Conditions:
A. This agreement is valid upon approval by the Governor's Office as appropriate
and approval and execution by the Department.
B. This agreement is conditionally approved subject to and contingent upon the
availability of funds.
C. The Department will not assume any responsibility or liability for costs incurred
by the Contractor prior to the signing of this agreement.
10. Special Certification:
The individual or officer electronically accepting this Agreement certifies by his or her
acceptance that he or she is authorized to accept this agreement on behalf of the
responsible governing board, official or Contractor.
It Authorized Official:
For the CONTRACTOR
Bill Bullard, Jr. Board Chair
Name Title
The Authorized Official's typed name, in lieu of a signature, represents the Contractor's legal
binding acceptance of the terms of this Grant Agreement including Certifications and
Assurances agreed to prior to application submission (Attachment 7).
DCH-0665FY2006 2/05 (W) 3 of 24
Part ll
General Provisions
I. Responsibilities - Contractor
The Contractor in accordance with the general purposes and objectives of this
agreement will:
A. Publication Rights
1. Where activities supported by this agreement produce books, films, or
other such copyrightable materials issued by the Contractor, the
Contractor may copyright such but shall acknowledge that the Department
reserves a royalty-free, non-exclusive and irrevocable license to
reproduce, publish and use such materials and to authorize others to
reproduce and use such materials. This cannot include service recipient
information or personal identification data.
2. Any copyrighted materials or modifications bearing acknowledgment of the
Department's name must be approved by the Department prior to
reproduction and use of such materials.
"This material was supported with funding available under H.R., No Child
Left Behind Act of 2001 — Title IV, Part A: Safe and Drug-Free Schools
3. The Contractor shall give recognition to the Department in any and all
publications papers and presentations arising from the program and
service contract herein; the Department will do likewise.
B. Fees
Make reasonable efforts to collect 1 st and 3rd party fees, where applicable, and
report these as outlined by the Department's fiscal procedures. Any
underrecoveries of otherwise available fees resulting from failure to bill for
eligible services will be excluded from reimbursable expenditures.
C. Program Operation
Provide the necessary administrative, professional, and technical staff for
operation of the program.
D. Reporting
Utilize all report forms and reporting formats required by the Department at the
effective date of this agreement, and provide the Department with timely review
and commentary on any new report forms and reporting formats proposed for
issuance thereafter.
E. Record Maintenance/Retention
Maintain adequate program and fiscal records and files, including source
documentation to support program activities and all expenditures made under the
terms of this agreement, as required. Assure that all terms of the agreement will
be appropriately adhered to and that records and detailed documentation for the
project or program identified in this agreement will be maintained for a period of
not less than three (3) years from the date of termination, the date of submission
of the final expenditure report or until litigation and audit findings have been
resolved.
F. Authorized Access
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Permit upon reasonable notification and at reasonable times, access by
authorized representatives of the Department, Federal Grantor Agency,
Comptroller General of the United States and State Auditor General, or any of
their duly authorized representatives, to records, files and documentation related
to this agreement, to the extent authorized by applicable state or federal law, rule
or regulation.
G. Audits
This section only applies to Contractors designated as subrecipients.
Contractors designated as vendors are exempt from the provisions of this
section.
1. Single Audit
Provide, consistent with regulations set forth in the Single Audit Act
Amendments of 1996, P.L. 104-156, and Section .320 of Office of
Management and Budget (OMB) Circular A-133, "Audits of States, Local
Governments, and Non-Profit Organizations," (as revised) a copy of the
Contractor's annual Single Audit reporting package, including the
Corrective Action Plan, to the Department.
The federal OMB Circular A-133 requires either a Single Audit or program-
specific audit (when a contractor is administering only one federal
program) of agencies that expend $500,000 or more in federal awards
during the Contractor's fiscal year.
Contractors who have a Single Audit conducted as a result of $500,000 or
more in expenditures of Federal awards must submit the Single Audit
reporting package, management letter, if issued, and Corrective Action
Plan to the Department even if Federal funding received from the
Department results in less than $500,000 in expenditures.
The Contractor must also assure that the Schedule of Expenditures of
Federal Awards includes expenditures for all federally funded grants.
2. 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 a copy of the Financial Statement Audit
prepared in accordance with generally accepted auditing standards
(GAAS), and management letter, if one is issued. Contractors exempt
from the Single Audit requirements that receive less than $500,000 of total
Department grant funding must submit a copy of the Financial Statement
Audit prepared in accordance with GAAS if the audit includes disclosures
that may negatively impact MDCH-funded programs, including, but not
limited to fraud, going concern uncertainties, financial statement
misstatements, and violations of contract and grant provisions.
3. Other Audits
The Department or federal agencies may also conduct or arrange for
"agreed upon procedures" or additional audits to meet their needs.
4. Notification
When a Contractor is exempt from both the Single Audit requirements and
the Financial Statement Audit requirements because funding is below the
DCH-0665FY2006 2/05 (W) 5 of 24
thresholds described above and there are no disclosures that may
negatively impact MDCH-funded programs, the Contractor must submit an
Audit Status Notification Letter that certifies these exemptions. The Audit
Status Notification Letter must be signed by the Contractor's Financial
Director or their designee. Attachment 6 contains the required Audit
Status Notification Letter. Contractors should not send the completed
letter to the Department with their signed agreement, but should submit as
directed in item 7.
5. Due Dates
The Single Audit reporting package, management letter, if one is issued,
and Corrective Action Plan; Financial Statement Audit and management
letter, if one is issued; or Audit Status Notification Letter shall be submitted
to the Department within nine (9) months after the end of the Contractor's
fiscal year.
6. Penalty
a. Delinquent Single Audit or Financial Statement Audit
If the Contractor does not submit the required Single Audit reporting
package, management letter, and Corrective Action Plan; or the
Financial Statement Audit and management letter within nine
months after the end of the Contractor's fiscal year, the Department
may withhold from the current funding an amount equal to five
percent of the audit year's grant funding (not to exceed $100,000)
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.
b. 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.
7. Where to Send
A copy of the Single Audit reporting package, management letter, if one is
issued, and Corrective Action Plan; Financial Statement Audit and
management letter, if one is issued; or the Audit Status Notification Letter
must be forwarded to:
DCH-0665FY2006 2/05 (W) 6 of 24
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
P.O. Box 30479*
Lansing, Michigan 48909-7979
Or
* Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933
As an alternative to paper filing, the audit report and related
documentation may be submitted to the above address on a CD-ROM in a
Portable Document Format (PDF) compatible with Adobe Acrobat (read
only). The audit report and related documentation should be assembled
as one document in the following order:
a. Financial Statement Audit Report/Single Audit Report,
b. Corrective Action Plan or other information as applicable to MDCH
grants; and,
c. Management Letter (Comments and Recommendations).
Another alternative is to send notification to the above address that the
required audit materials may be accessed, in Adobe PDF, from the
Contractor's website.
8. Management Decision
The Department shall issue a management decision on findings and
questioned costs contained in the Contractor's Single Audit within six
months after the receipt of a complete and final audit report. The
management decision shall include whether or not the audit finding is
sustained; the reasons for the decision; and the expected Contractor
action to repay disallowed costs, make financial adjustments, or take other
action. Prior to issuing the management decision, the Department may
request additional information or documentation from the Contractor,
including a request for auditor verification of documentation, as a way of
mitigating disallowed costs.
H. Subrecipient/Vendor Monitoring
The Contractor must ensure that each of its subrecipients comply with the
Single Audit Act requirements. The Contractor must issue management
decisions on audit findings of their subrecipients as required by OMB Circular A-
133.
DCH-0665FY2006 2/05 (W) 7 of 24
The Contractor must also develop a subrecipient monitoring plan that addresses
"during the award monitoring" of subrecipients to provide reasonable assurance
that the subrecipient administers Federal awards in compliance with laws,
regulations, and the provisions of contracts, and that performance goals are
achieved. The subrecipient monitoring plan should include a risk-based
assessment to determine the level of oversight, and monitoring activities such as
reviewing financial and performance reports, performing site visits, and
maintaining regular contact with subrecipients.
The Contractor must arrange for limited scope audits of subrecipients exempt
from the Single Audit Act requirements if the subrecipient receives more than
$25,000 in Federal awards from the Contractor. The limited scope audits must be
agreed upon procedures engagements conducted in accordance with either the
AICPA's generally accepted auditing standards or attestation standards that
address activities allowed or unallowed, and allowable costs/cost principle
compliance requirements. The limited scope audits must be completed within
nine months after the subrecipient's fiscal year. The contractor must ensure the
subrecipient takes appropriate and timely corrective action on findings identified
in the limited scope audit, and reimburse the Department within six months of
receipt of the limited scope audit for any unallowable costs identified.
The Contractor must monitor vendors for performance of contract requirements.
I. Notification of Modifications
Provide timely notification to the Department, in writing, of any action by its
governing board or any other funding source that would require or result in
significant modification in the provision of services, funding or compliance with
operational procedures.
J. Software Compliance
The Contractor must ensure that 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 with out interruption, failure or errors
due to the inaccuracy of the Contractor's business operations for processing
date/time data.
K. Human Subjects
The Contractor agrees to submit all research involving human subjects, which is
conducted in programs sponsored by the Department, or in programs that
receive funding from or through the State of Michigan, to the Department's
Institutional Review Board (IRB) for approval prior to the initiation of the research.
DCH-0665FY2006 2/05 (W) 8 of 24
II. Responsibilities - Department
The Department in accordance with the general purposes and objectives of this
agreement will:
A. Reimbursement
Provide reimbursement in accordance with the terms and conditions of this
agreement based upon appropriate reports, records, and documentation
maintained by the Contractor.
B. Report Forms
Provide any report forms and reporting formats required by the Department at the
effective date of this agreement, and provide to the Contractor any new report
forms and reporting formats proposed for issuance thereafter at least ninety (90)
days prior to their required usage in order to afford the Contractor an opportunity
to review and offer comment.
Ill. Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
The Contractor will comply with applicable federal and state laws, 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.
B. Anti-Lobbying Act
The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised
by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq, and Section 503 of
the Departments of Labor, Health and Human Services and Education, and
Related Agencies Appropriations Act (Public Law 104-208). Further, the
Contractor shall require that the language of this assurance be included in the
award documents of all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
C. Non-Discrimination
1. In the performance of any contract or purchase order resulting herefrom,
the Contractor agrees not to discriminate against any employee or
applicant for employment or service delivery and access, with respect to
their hire, tenure, terms, conditions or privileges of employment, programs
and services provided or any matter directly or indirectly related to
employment, because of race, color, religion, national origin, ancestry,
age, sex, height, weight, marital status, physical or mental disability
unrelated to the individual's ability to perform the duties of the particular
job or position or to receive services. The Contractor further agrees that
every subcontract entered into for the performance of any contract or
purchase order resulting herefrom will contain a provision requiring non-
discrimination in employment, service delivery and access, as herein
specified binding upon each subcontractor. This covenant is required
pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended,
MCL 37.2201 et seq., and the Persons with Disabilities Civil Rights Act,
DCH-0665FY2006 2/05 (W) 9 of 24
1976 PA 220, as amended, MCL 37.1101 et seq., and any breach thereof
may be regarded as a material breach of the contract or purchase order.
2. Additionally, assurance is given to the Department that proactive efforts
will be made to identify and encourage the participation of minority owned
and women owned businesses, and businesses owned by persons with
disabilities in contract solicitations. The Contractor shall incorporate
language in all contracts awarded: (1) prohibiting discrimination against
minority owned and women owned businesses and businesses owned by
persons with disabilities in subcontracting; and (2) making discrimination a
material breach of contract.
D. Debarment and Suspension
Assurance is hereby given to the Department that the Contractor will comply with
Federal Regulation, 45 CFR Part 76 and certifies to the best of its knowledge and
belief that it, its employees and its subcontractors:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or contractor;
2. Have not within a three-year period preceding this agreement been
convicted of or had a civil judgment rendered against them for commission
of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust
statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the
offenses enumerated in section 2, and;
4. Have not within a three-year period preceding this agreement had one or
more public transactions (federal, state or local) terminated for cause or
default.
E. Federal Requirement: Pro-Children Act
1. Assurance is hereby given to the Department that the Contractor will
comply with Public Law 103-227, also known as the Pro-Children Act of
1994, 20 USC 6081 et seq, which requires that smoking not be permitted
in any portion of any indoor facility owned or leased or contracted by and
used routinely or regularly for the provision of health, day care, early
childhood development services, education or library services to children
under the age of 18, if the services are funded by federal programs either
directly or through state or local governments, by federal grant, contract,
loan or loan guarantee. The law also applies to children's services that
are provided in indoor facilities that are constructed, operated, or
maintained with such federal funds. The law does not apply to children's
services provided in private residences; portions of facilities used for
inpatient drug or alcohol treatment; service providers whose sole source of
applicable federal funds is Medicare or Medicaid; or facilities where
Women, Infants, and Children (WIC) coupons are redeemed. Failure to
comply with the provisions of the law may result in the imposition of a civil
DCH-0665FY2006 2/05 (W) 10 of 24
monetary penalty of up to $1,000 for each violation and/or the imposition
of an administrative compliance order on the responsible entity. The
Contractor also assures that this language will be included in any
subawards, which contain provisions for children's services.
2. The Contractor also assures, in addition to compliance with Public Law
103-227, any service or activity funded in whole or in part through this
agreement will be delivered in a smoke-free facility or environment.
Smoking shall not be permitted anywhere in the facility, or those parts of
the facility under the control of the Contractor. If activities or services are
delivered in facilities or areas that are not under the control of the
Contractor (e.g., a mall, restaurant or private work site), the activities or
services shall be smoke-free.
F. Hatch Political Activity Act and Intergovernmental Personnel Act
The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1508,
and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the
Civil Service Reform Act, Public Law 95-454, 42 USC 4728. Federal funds cannot
be used for partisan political purposes of any kind by any person or organization
involved in the administration of federally assisted programs.
G. Subcontracts
Assure for any subcontracted service, activity or product:
1. That a written subcontract is executed by all affected parties prior to the
initiation of any new subcontract activity. Exceptions to this policy may be
granted by the Department upon written request within 30 days of
execution of the agreement.
2. That any executed subcontract to this agreement shall require the
subcontractor to comply with all applicable terms and conditions of this
agreement. In the event of a conflict between this agreement and the
provisions of the subcontract, the provisions of this agreement shall
prevail.
A conflict between this agreement and a subcontract, however, shall not
be deemed to exist where the subcontract:
a. Contains additional non-conflicting provisions not set forth in this
agreement,
b. Restates provisions of this agreement to afford the Contractor the
same or substantially the same rights and privileges as the
Department; or
11 of 24 DCH-0665FY2006 2/05 (W)
c. Requires the subcontractor to perform duties and/or services in less
time than that afforded the Contractor in this agreement.
3. That the subcontract does not affect the Contractor's accountability to the
Department for the subcontracted activity.
4. That any billing or request for reimbursement for subcontract costs is
supported by a valid subcontract and adequate source documentation on
costs and services.
5. That the Contractor will submit a copy of the executed subcontract if
requested by the Department.
H. Procurement
Assure that all purchase transactions, whether negotiated or advertised, shall be
conducted openly and competitively in accordance with the principles and
requirements of OMB Circular A-102 as revised, implemented through applicable
portions of the associated "Common Rule" as promulgated by responsible federal
contractor(s), or OMB Circular A-110 as amended, as applicable, and that
records sufficient to document the significant history of all purchases are
maintained for a minimum of three years after the end of the agreement period.
I. Health Insurance Portability and Accountability Act
To the extent that this act is pertinent to the services that the Contractor provides
to the Department under this agreement, the Contractor assures that it is in
compliance with the Health Insurance Portability and Accountability Act (HIPAA)
requirements including the following:
1. The Contractor must not share any protected health data and information
provided by the Department that falls within HIPAA requirements except to
a subcontractor as appropriate under this agreement.
2. The Contractor must require the subcontractor not to share any protected
health data and information from the Department that falls under HIPAA
requirements in the terms and conditions of the subcontract.
3. The Contractor must only use the protected health data and information
for the purposes of this agreement.
4. The Contractor must have written policies and procedures addressing the
use of protected health data and information that falls under the HIPAA
requirements. The policies and procedures must meet all applicable
federal and state requirements including the HIPAA regulations. These
policies and procedures must include restricting access to the protected
health data and information by the Contractor's employees.
5. The Contractor must have a policy and procedure to report to the
Department unauthorized use or disclosure of protected health data and
information that falls under the HIPAA requirements of which the
Contractor becomes aware.
6. Failure to comply with any of these contractual requirements may result in
the termination of this agreement in accordance with Part II, Section V.
Termination.
7. In accordance with HIPAA requirements, the Contractor is liable for any
claim, loss or damage relating to unauthorized use or disclosure of
DCH-0665FY2006 2/05 (W) 12 of 24
protected health data and information received by the Contractor from the
Department or any other source.
J. Supplanting
The Contractor will comply with Federal requirements concerning supplanting.
Funds must be used to supplement existing funds for program activities and not
to replace those funds, which have been appropriated for the same purpose;
potential supplanting will be the subject of application review, as well as pre-
award review, post-award monitoring and audit.
Supplanting means to deliberately reduce state or local funds because of
existence of federal funds (e.g., when state funds are appropriated for a stated
purpose and federal funds are awarded for that same purpose, the state replaces
its state funds with federal funds, thereby reducing the total amount available for
the stated purpose).
IV. Financial Requirements
A. Reimbursement Method
The Contractor will be reimbursed in accordance with the staffing grant
reimbursement method as follows:
Reimbursement from the Department is based on the understanding that
Department funds will be paid up to the total Department allocation as agreed to
in the approved budget. Department funds are first source after the application
of fees and earmarked sources unless a specific local match condition exists.
B. Financial Status Report Submission
Financial Status Reports (FSRs) shall be prepared and submitted to:
MAGIC-Intelligrants
www.michician.qov/MAGIC
FSRs must be submitted on a monthly basis, no later than thirty (30) days after
the close of each calendar month. The monthly FSRs must reflect total actual
program expenditures, regardless of the source of funds. Attachment 5 contains
the FSR form. The FSR form and instructions for completing the FSR form are
available through your MAGIC-Intelligrants.
Failure to meet financial reporting responsibilities as identified in this agreement
may result in withholding future payments.
13 of 24 DCH-0665FY2006 2/05 (W)
D. Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration process to
receive all State of Michigan payments as Electronic Funds Transfers
(EFT)/Direct Deposits. Vendor registration information is available through the
Department of Management and Budget's web site:
• http://www.cpexpress.state.mi.us/
E. Final Obligations and Financial Status Report Requirements
1. Preliminary Close Out Report
A Preliminary Close Out Report, based on annual guidelines, must be
submitted by the due date using the format provided by the Department's
Accounting Division. The Contractor must provide an estimate of total
expenditures for the entire agreement period. The information on the
report will be used to record the Department's year-end accounts
payables and receivables for this agreement
2. Final FSRs
Final FSRs are due sixty (60) days following the end of the fiscal year or
agreement period. The final FSR must be clearly marked "Final". Final
FSRs not received by the due date may result in the loss of funding
requested on the Preliminary Close Out Report and may result in the
potential reduction in the subsequent year's agreement amount.
F. 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.
V. Agreement Termination
The Department may cancel this agreement without further liability or penalty to the
Department for any of the following reasons:
A. This agreement may be terminated by either party by giving thirty (30) days
written notice to the other party stating the reasons for termination and the
effective date.
B. This agreement may be terminated on thirty (30) days prior written notice upon
the failure of either party to carry out the terms and conditions of this agreement,
provided the alleged defaulting party is given notice of the alleged breach and
fails to cure the default within the thirty (30) day period.
C. This agreement may be terminated immediately if the Contractor or an official of
the Contractor or an owner is convicted of any activity referenced in Section III.D.
of this agreement during the term of this agreement or any extension thereof.
DCH-0665FY2006 2/05 (W) 14 of 24
VI. Final Reporting Upon Termination
Should this agreement be terminated by either party, within thirty (30) days after the
termination, the Contractor shall provide the Department with all financial, performance
and other reports required as a condition of this agreement. The Department will make
payments to the Contractor for allowable reimbursable costs not covered by previous
payments or other state or federal programs. The Contractor shall immediately refund
to the Department any funds not authorized for use and any payments or funds
advanced to the Contractor in excess of allowable reimbursable expenditures. Any
dispute arising as a result of this agreement shall be resolved in the State of Michigan.
VII. Severability
If any provision of this agreement or any provision of any document attached to or
incorporated by reference is waived or held to be invalid, such waiver or invalidity shall
not affect other provisions of this agreement.
VIII. Amendments
Any changes to this agreement will be valid only if made in writing and accepted by all
parties to this agreement. Any change proposed by the Contractor which would affect
the Department funding of any project, in whole or in part in Part 1, Section 2.C. of the
agreement, must be submitted in writing to the Department through MAGIC-Intelligrants
for approval immediately upon determining the need for such change.
IX. Liability
A. All liability to third parties, loss, or damage as a result of claims, demands, costs,
or judgments arising out of activities, such as direct service delivery, to be carried
out by the Contractor in the performance of this agreement shall be the
responsibility of the Contractor, and not the responsibility of the Department, if
the liability, loss, or damage is caused by, or arises out of, the actions or failure
to act on the part of the Contractor, any subcontractor, anyone directly or
indirectly employed by the Contractor, provided that nothing herein shall be
construed as a waiver of any governmental immunity that has been provided to
the Contractor or its employees by statute or court decisions.
B. All liability to third parties, loss, or damage as a result of claims, demands, costs,
or judgments arising out of activities, such as the provision of policy and
procedural direction, to be carried out by the Department in the performance of
this agreement shall be the responsibility of the Department, and not the
responsibility of the Contractor, if the liability, loss, or damage is caused by, or
arises out of, the action or failure to act on the part of any Department employee
or agent, provided that nothing herein shall be construed as a waiver of any
governmental immunity by the State, its agencies (the Department) or employees
as provided by statute or court decisions.
C. In the event that liability to third parties, loss, or damage arises as a result of
activities conducted jointly by the Contractor and the Department in fulfillment of
their responsibilities under this agreement, such liability, loss, or damage shall be
borne by the Contractor and the Department in relation to each party's
responsibilities under these joint activities, provided that nothing herein shall be
construed as a waiver of any governmental immunity by the Contractor, the
State, its agencies (the Department) or their employees, respectively, as
provided by statute or court decisions.
X. Conflict of Interest
DCH-0665FY2006 2/05 (W) 15 of 24
The Contractor and the Department are subject to the provisions of 1968 PA 317, as
amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196, as amended,
MCL 15.341 et seq, MSA 4.1700 (71) et seq.
Xl. State of Michigan Agreement
This is a State of Michigan Agreement and is governed by the laws of Michigan. Any
dispute arising as a result of this agreement shall be resolved in the State of Michigan.
XII. Confidentiality
Both the Department and the Contractor shall assure that medical services to and
information contained in medical records of persons served under this agreement, or
other such recorded information required to be held confidential by federal or state law,
rule or regulation, in connection with the provision of services or other activity under this
agreement shall be privileged communication, shall be held confidential, and shall not
be divulged without the written consent of either the patient or a person responsible for
the patient, except as may be otherwise required by applicable law or regulation. Such
information may be disclosed in summary, statistical, or other form, which does not
directly or indirectly identify particular individuals.
DCH-0665FY2006 2/05 (W) 16 of 24
ATTACHMENT 1
PURPOSE
72181-2-06-B
The Oakland County Narcotic Enforcement Team (N.E.T.) was created to encourage
cooperation between law enforcement departments within Southeast Michigan and other
federal agencies in an effort to apprehend and convict those involved in the use, sale
and distribution of illegal drugs and narcotics.
ATTACHMENT 2
STATEMENT OF WORK
72181-2-06-B
The Oakland County Narcotic Enforcement Team (NET) is a multijurisdictional task force
which is designed to integrate federal and local law enforcement agencies for the purpose
of identifying, investigating, and prosecuting drug traffickers and to dismantle their
organizations. In 1971, participating law enforcement agencies in Oakland County agreed
to organize and support, on an inter-agency level, a task force known as the Oakland
County Narcotic Enforcement Team.
NET, currently under direction from the Oakland County Sheriff's Office, has officers
from the FBI, DEA, SONIC, and Macomb County Sheriff's Department, and thirteen local
police departments. NET has strengthened the partnership relationship with SONIC. SONIC
is comprised of officers from three western Oakland County police departments and a
Oakland County deputy. NET and SONIC work together on cases in this part of the county
and on cases which may extend beyond that area. The intelligence sharing between NET and
SONIC is a tremendous asset in the fight on drug trafficking. NET has also sent two
deputies to two different DEA task forces. These task forces have local officers working
together with DEA agents. The cooperation from participating in this group is
significant and has resulted in cases and conspiracy cases growing at NET.
NET also has a special working relationship with the Genesee County Sheriff's Narcotic
Team (GIT). This team consists of officers from Genesee County and officers from 3 local
police departments. They have partnered with NET to assist in interdiction stops and to
help curb the flow of drugs that occur down the 1-75 corridor linking Oakland and Genesee
counties. This strong cooperation from county, local, and federal departments and
agencies is why NET is very effective in combating the drug problem in our area.
NET will continue with the type of investigations and workload that have always been an
integral part to NET's success. For example, NET will have continued involvement with all
local police departments and be responsive to their direct needs. This will enable NET to
have stronger local ties and provide for better sharing of intelligence information. NET
will continue with the operation of street level crews for undercover drug buys and
investigations of street level dealers. NET now has a conspiracy team where
investigations can be turned over for development of arrests of conspiracy and RICO
cases. NET will continue with the operation of an interdiction team and will work closely
with the FBI in identifying interstate and international couriers. NET is requesting the
continuance of the three additional Oakland County Sheriff's Office officers. Two of
these positions are for sergeants, one is the crew leader of the conspiracy team, and the
other is a crew leader of one of the street teams. The third position is a deputy on one
of the street teams. These positions are crucial to the continued success of NET. The
sergeants are needed because they are staffed with individuals who have many years of
narcotics and investigative training. It would be impossible to replace individuals with
this type of expertise. The other position NET is requesting is the Office Assistant
position. This person is needed for typing and general office skills. This continuation
of what NET does best, the growing evolution of the NET team such as the addition of
SONIC, DEA, and the Genesee County partnership should result in arrest and prosecution of
higher level dealers and investigations of individuals who bring drugs into Oakland
County from out-of-state locations.
The Oakland County Sheriff's Office will provide the Unit Commander, officers, and
administrative positions. OCSO will also provide investigative buy funds, phones, pagers,
ATTACHMENT 2
STATEMENT OF WORK
vests, vehicles, and all other equipment and supplies needed. The local departments will
provide their officer's salaries, fringe benefits, and related overtime costs.
NET will further develop a true partnership between the Oakland County Sheriff's Office,
all local police departments, and federal agencies such as FBI, DEA, and ATF. The Oakland
County Sheriff's Office will take the lead role in the NET Unit, but will follow the
direction of the NET Advisory Board which consists of all departments and agencies that
provide a full-time officer to NET. NET plans to utilize all resources available, by
working closely with the specialized units of the local police departments such as their
undercover teams, vice units, and detective bureaus. NET will develop cases and
informants with these units to ensure great success. NET will continue to work closely
with the Oakland County Prosecutor's Office so that cases are developed and prosecuted to
the fullest extent of the law. NET will also utilize more of the resources of the entire
Oakland County Sheriff's Office and work with the officers at the various sub-stations to
better understand localized drug problems. NET's involvement and cooperation with the
federal agencies, such as the FBI, DEA, ATF, and HIDTA, will increase under the OCSO
leadership. It is NET's plan to utilize all of these resources to the fullest.
At the present time the NET commitment is as follows:
Oakland County Sheriff's Office
1 Lieutenant - Unit Commander
4 Sergeants - team leaders
6 Deputies - team members
1 auditor
1 secretary
1 property room attendant
1 Office Assistant
The Oakland County Sheriff's Office also provides the NET building, utilities, office
equipment, supplies, phones, pagers, computers, cell phones, officer equipment,
undercover vehicles, 1 raid van, buy money, investigative expenses, and informant fees.
Additional full-time team members supplied by:
Bloomfield Police Department
Farmington Hills Police Department
Ferndale Police Department
Hazel Park Police Department
Lathrup Village Police Department
Madison Heights Police Department
Novi Police Department
Pontiac Police Department
Royal Oak Police Department
Southfield Police Department
ATTACHMENT 2
STATEMENT OF WORK
Sterling Heights Police Department
West Bloomfield Police Department
Macomb County Sheriff's Department
FBI
DEA
NET is continuing to explore the possibility of other departments joining NET. The Byrne
grant positions are needed to keep NET at current level. Any decrease in staffing at this
time would be detrimental to the effectiveness of NET and would decrease officer safety.
The Narcotics Section of the Oakland County Prosecutor's Office is a specialized section
developed and trained to not only prosecute the cases, but also to assist in the
investigation, of repeat and large-scale drug offenders. The members of the Narcotics
Section of the Prosecutor's Office are on call 24 hours a day, 7 days a week, to assist
law enforcement agencies (including NET). This assistance includes search warrant
preparation and fielding other legal issues that develop during the course of
investigations. In addition to the most frequent issue of search and seizure, questions
regarding the right to counsel, benefits of cooperation to informants and sufficient
probable cause to arrest, often need to be answered on the spot. The prosecutors assigned
to the section conduct training seminars for various agencies on proper preparation of
search warrants, preparation for court, informant use and changes in the law that affect
investigation procedures and evidence collection. Additionally, the Narcotics Section
leader instructs at both the Oakland Police Academy and the United States Drug
Enforcement Agency's Basic Narcotics School. Special prosecutors also will be utilized to
handle cases that present complex legal issues such as entrapment, conspiracy law, and
the privilege of informant confidentiality. Vertical unit prosecutors are well versed in
areas of law unique to the challenges brought forth in dismantling large-scale drug
operations. The Section is also utilizing the state's racketeering (RICO) statute in
large-scale distribution networks. The multijurisdictional task force will continue to
integrate this specialized prosecution unit with federal, state, and local law
enforcement agencies through NET and the Oakland County Citizens Grand Jury. Continuation
of this special prosecution section depends upon the Byrne Grant award and county matched
funds.
Recently there has been a rise in the abuse and sale of controlled substances obtained by
prescription from licensed medical professionals. In some instances the medical
professionals themselves are involved in the illegal distribution of the controlled
substances or prescriptions for the controlled substances. These investigations are
lengthy and complicated. However, there is a necessity to put an end to the abuse and
sales of these highly addictive substances. Increasingly, law enforcement is seeing
substances such as vicodin (hydrocodone),oxycotin, xanax and others being obtained either
legitimately or illegitimately and being distributed on the streets of our county. The
complexity and time consuming nature of these cases require the use of a prosecutor
knowledgeable in the manner in which these crimes occur.
The assignment of one special assistant prosecuting attorney to the Oakland County
Citizens Grand Jury, when impaneled, will impact narcotics trafficking organizations by
assisting the Grand Jury in dismantling drug delivery networks and indicting those
ATTACHMENT 2
STATEMENT OF WORK
persons responsible for the distribution of large quantities of narcotics. Aggressive
prosecution and a continued no-plea-bargaining policy will create a reduction in the rate
of crime growth. The no-plea-bargaining policy of the Oakland County Prosecutor's Office
Narcotics Section facilitates police agencies in their ability to apprehend traffickers
higher up in the chain of distribution. Defendants faced with the grim reality of
substantial prison time are often willing to inform law enforcement of the identity of
their suppliers in order to receive consideration for cooperation at sentencing.
Methamphetamine labs are being located in Oakland County with increasing frequency. The
need for the vertical prosecution unit to continually educate themselves on these
extremely dangerous drugs and the manner in which they are being manufactured and
transported is essential. Specialized knowledge of these operations is tantamount to
effective prosecution and deterrence of further infiltration of labs into our county.
The prosecution aspect of this multijurisdictional drug task force will continue to
augment the funding for a special unit of three assistant drug prosecutors, one of whom
will continue to be assigned to the Oakland County Citizens Grand Jury, when impaneled,
in the investigation and prosecution of major drug traffickers. Special assistant
prosecutors will be assigned to vertically prosecute large- scale drug dealers and repeat
offenders by utilizing a drug offender classification system. The assessment of each
offender allows the prosecution unit to target repeat offenders, mid- and upper-level
traffickers, as well as give special attention to the more complex conspiracy and
racketeering cases. Existing no-plea-bargaining policies will continue to be enforced,
and the special prosecution unit will vertically prosecute all cases in which Level I,
II, and III dealers are identified.
The Narcotics Section leader reviews each file where a narcotics charge has been issued.
This allows tracking of repeat offenders that are assigned to the vertical prosecution
unit. It also allows the Section to pay special attention to file groups, which may
contain cross-over defendants/informants.
As law enforcement agencies (such as NET) become more and more effective in infiltrating
drug organizations the number of cases requiring the specialized attention of the
vertical prosecution unit increases. The effectiveness of NET and other agencies is
reflected in the increase in the number of cases handled by the prosecution unit over the
past year. Three assistant prosecutors are necessary to handle the volume and complexity
of incoming cases.
ATTACHMENT 3
PROGRAM BUDGET SUMMARY
View at 100% or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Use WHOLE DOLLARS Only
PROGRAM DATE PREPARED Page Of
Oakland County Narcotic Enforcement Team 10/5/2005 8:50:42 1 1
CONTRACTOR NAME BUDGET PERIOD
County of Oakland 10/1/2005 - 9/30/2006
MAILING ADDRESS (Number and Street) BUDGET AGREEMENT AMENDMENT #
1200 N. Telegraph Rd. l'i ORIGINAL E1AMENDMENT n
CITY STATE ZIP CODE FEDERAL ID NUMBER
Pontiac MI 48341 38-6004876
EXPENDITURE CATEGORY TOTAL BUDGE
(Use Whole Dollar
T
s)
1. SALARIES & WAGES $237,750 $237,750 $475,500
2. FRINGE BENEFITS $114,250 $114,250 $228,500
3. TRAVEL
4. SUPPLIES & MATERIALS
5. CONTRACTUAL (Subcontracts/Subrecipients)
6. EQUIPMENT
7. OTHER EXPENSES
8. TOTAL DIRECT EXPENDITURES $352,000 $352,000 $704,000 (Sum of Lines 1-7)
9. INDIRECT COSTS: 0% $o $o $o
'
10. TOTAL EXPENDITURES $352,000 $352,000 $704,000
SOURCE OF FUNDS
11. FEES& COLLECTIONS $0 $0
12. STATE AGREEMENT $352,000 $352,000
13. LOCAL $352,000 $352,000
14. FEDERAL $ o
15. OTHER(S) $o $o
16. TOTAL FUNDING $352,000 $352,000 $704,000
AUTHORITY: P.A. 368 of 1978 The Department of Community Health is an equal
COMPLETION: Is Voluntary, but is required as a condition of funding opportunity employer, services and programs provider.
DCH-0385(E) (Rev 2-05) (W) Previous Edition Obsolete. Also Replaces FIN-
ATTACHMENT 3
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM BUDGET COST DETAIL Page 1 of 1
PROGRAM CODE BUDGET PERIOD DATE PREPARED
Oakland County Narcotic 72181-2-06-B 10/1/2005 to 9/30/2006 10/5/2005 8:50
Enforcement Team ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMBER
1. SALARY AND WAGES POSITIONS TOTAL COMMENTS REQUIRED SALARY
Office Assistant II 1 $34,834
sergeant 2 $141,404
Deputy 1 $62,262
Asst. Prosecuting Attorney IV 1 $102,938
Asst. Prosecuting Attorney II 2 $134,062
TOTAL SALARIES AND WAGES 7 $475,500
2. FRINGE BENEFITS (specify)
— X FICA X LIFE INS. _x_. DENTAL INS COMPOSITE RATE E UNEMPLOY INS. VISION INS.
X RETIREMENT HEARING INS.
X WORK COMP AMOUNT %
X HOSPITAL INS. OTHER $2 2 8 , 500 TOTAL FRINGE BENEFITS $
3. TRAVEL (specify if any item exceeds 10% of Total Expenditures)
$ $ 0
4. SUPPLIES AND MATERIALS (specify if any item exceeds 10% of Total Expenditures)
$ $ 0
5. CONTRACTUAL (SUBCONTRACTS)
NAME ADDRESS AMOUNT
$ $ 0
6. EQUIPMENT (specify)
$ $ 0
7. OTHER EXPENSES (specify if any item exceeds 10% of Total Expenditures)
$ $ 0
8. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7)
$ $704,000
_
9. INDIRECT COST CALCULATIONS
Rate 0% $0 $0 $ $ 0
10. TOTAL EXPENDITURES (sum of lines 8-9)
$ $704,000
AUTHORITY: P.A. 368 of 1978 COMPLETION IN A CONDITION OF FUNDING DCH-0386FY2002(E) (W) 6/2001
Pamcnimprr 4
PERFORMANCE / PROGRESS REPORT REQUIREMENTS
A. The Contractor shall submit the following reports on the following dates:
Program reports must be downloaded from the ODCP Law Enforcement Section web site:
www.michigan.gov/odcplawenforcement . Then click: Forms and select your program area
report.
Reports are submitted quarterly and must be attached to the MAGIC System. Directions
for attaching Progress Reports are located on the MAGIC Help Screens.
Financial Status Reports (FSR) must be submitted on a monthly basis, no later than
thirty (30) days after the close of each calendar month. The monthly FSRs must reflect
the total actual program expenditures, regardless of the source of funds. Attachment 5
contains the FSR form. The FSR form and instructions for completing the FSR form are
available through your MAGIC-Intelligrants.
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.
C. Reports and information shall be submitted to the Contract Manager at:
D. The Contract Manager shall evaluate the reports submitted as described in
Attachment C, Items A. and B. for their completeness and adequacy.
E. The Contractor shall permit the Department or its designee to visit and to make
an evaluation of the project as determined by Contract Manager.
ATTACHMENT 5 FINANCIAL STATUS REPORT
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
BPO Number Contract Number Page Of
Local Agency Name Program Code
Street Address Report Period Date Prepared
Thru fl Final
City, State, ZIP Code Agreement Period FE ID Number
Thru
Expenditures Agreement Category
Current Period Agreement YTD Budget Balance
1. Salaries & Wages
2. Fringe Benefits
3. Travel
4. Supplies & Materials
5. Contractual (Sub-Contracts)
6. Equipment
7. Other Expenses
_
8. TOTAL DIRECT
9a.Indirect Costs: Rate#1%
913.Indirect Costs: Rate#2%
10. TOTAL EXPENDITURES
SOURCE OF FUNDS:
11. State Agreement
12. Local
13. Federal
14. Other
15. Fees & Collections
16. TOTAL FUNDING
CERTIFICATION: I certify that I am authorized to sign on behalf of the local 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 the required period to support costs and receipts reported.
Authorized Signature Date Title
Contact Person Name Telephone Number
FOR STATE USE ONLY
Advance INDEX PCA A OBJ. CODE AMOUNT
Advance Outstanding
Advance Issued or Applied
Balance
Message
Authority: P.A. 368 of 1978 The Department of Community Health is an equal opportunity,
Completion: is a Condition of Reimbursement employer, services, and programs provider.
DCH-0384(E) (Rev. 4/04) (W) Previous Edition Obsolete
ATTACHMENT 6
AUDIT STATUS NOTIFICATION LETTER
(Required for subrecipient Contactors claiming exemption from audit submission requirements)
Please fill in the following information, sign after the statement below and mail this form to:
Michigan Department of Community Health, Office of Audit, Quality Assurance and Review
Section, P.O. Box 30479, Lansing, MI 48909-7979 or fax it to: (517) 338-5443. Form is due to
the Department within nine months after the end of the Contractor's fiscal year. Please do
not submit this form with your signed agreement.
Agency Name:
Address:
Federal ID Number:
For Agency's Fiscal Year Ended (month/date/year):
Agency Contact Person (Name, Title, Phone #):
The purpose of this letter is to comply with Michigan Department of Community Health
(MDCH) grant contract audit requirements. I certify that the agency listed above expended
less than $500,000 in federal awards from all funding sources, and expended less than
$500,000 total MDCH funding. I also certify that our agency's financial statement audit did not
include any disclosures related to current or prior years that could negatively impact MDCH-
funded programs. Therefore, we are not required to submit either a Single Audit or Financial
Statement Audit to MDCH.
Signature
Print Name/Title
Date
ATTACHMENT 7
CERTIFICATIONS, ASSURANCES &
DRUG COURT ADDENDUM
Non-Supplanting
The Byrne Memorial Formula Grant Program and Local Law Enforcement Block Grant require that
federal funds not be used to supplant state or local funds. The applicant must assure that federal
funds will not be used to replace or supplant state or local funds, but will be used to increase the
amount of such funds that would, in the absence of federal funds, be made available for law
enforcement activities.
Certification Regarding Lobbying
Each person shall file the most current edition of this certification and disclosure form, if applicable,
with each submission that initiates agency consideration of such person for an award of a Federal
contract, grant, or cooperative agreement of $100,000 or more; or Federal loan of $150,000 or more.
This certification is a material presentation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 132, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
The Contractor certifies, to the best of his or her knowledge and belief, that:
1. No 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 Federal agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any non-Federal funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the Authorized Official will
complete and submit Standard Form #LLL, "Disclosure of Lobbying Activities", in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers and that all subrecipients shall certify and disclose
accordingly.
Certification Regarding Debarment
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were
published as Part VIII of May 26, 1988 Federal Register (pages 19160-19211).
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
ATTACHMENT 7
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Assurances
The applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O.
12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements — 28 CFR,
Part 66, Common Rule, that govern the application, acceptance and use of Federal funds for this
federally-assisted project. Also the applicant assures and
certifies that:
1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has
been duly adopted or passed as an official act of the applicant's governing body, authorizing
the filing of the application, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the applicant to
act in connection with the application and to provide such additional information as may be
required.
2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970 P.L. 91-646, which provides for fair and equitable
treatment of persons displaced as a result of Federal and federally-assisted programs.
3. It will comply with provisions of Federal law, which limit certain political actives of employees of
a State or local unit of government whose principal employment is in connection with an
activity financed in whole or in party by Federal grants. (5 USC 1501, et seq.)
4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act, if applicable.
5. It will establish safeguards to prohibit employees from using their positions for a purpose that is
or gives the appearance of being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, business, or other ties.
6. It will give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records, books, papers, or documents
related to the grant.
7. It will comply with all requirements imposed by the Federal-sponsoring agency concerning
special requirements of law, program requirements, and other administrative requirements.
8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized
in the accomplishment of the project are not listed on the Environmental Protection Agency's
(EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt
of any communication from the Director of the EPA Office of Federal Activities indicating that a
facility to be used in the project is under consideration for listing by the EPA.
Jo aud
ATTACHMENT 7
9. It will comply with the flood insurance purchase requirements of Section 102 (a) of the Flood
Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31,
1976, Section 102 (a) requires, on and after March 2, 1975, the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any Federal
financial assistance for construction or acquisition purposes for use in any area that has been
identified by the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards. The phrase "Federal financial assistance" includes any form of
loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or
any other form of direct or indirect Federal assistance.
10.1t will assist the Federal grantor agency in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 (16 USC 569a-let seq.) by (a)
consulting with the State Historic Preservation Officer on the conduct of investigations, as
necessary, to identify properties listed in or eligible for inclusion in the National Register of
Historic Places that are subject to adverse effects (see 36 CFR Part 800.0) by the activity, and
notifying the Federal grantor agency of the existence of any such properties, and by (b)
complying with all requirements established by the Federal grantor agency to avoid or mitigate
adverse effects upon such properties.
11.1t will comply, and assure the compliance of all it sub grantees and contractors, with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as
appropriate; the provisions of the current edition of the Office of Justice Programs Financial
and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders,
circulars or regulations.
12.1t will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure, Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment
Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection
Procedures, and Federal laws or regulations applicable to Federal assistance programs.
13.1t will comply, and all its contractors will comply, with the nondiscrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or
Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended;
Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans
with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR
Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability
discrimination, 28 CFR Part 35 and Part 39.
14. In the event of 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 a recipient of funds, the recipient will forward a copy of
the findings to the Office for Civil Rights, Office of Justice Programs.
ATTACHMENT 7
15.1t will provide an Equal Employment Opportunity Program if required to maintain one—the
application is for $500,000 or more.
16.1t will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated
October 19, 1982 (16 USC 3501 et seq.), which prohibits the expenditure of most new Federal
funds within the units of the Coastal Barrier Resources System.
Unallowable Expenses and Activities
1. Construction costs and/or renovation.
2. Costs in applying for this grant (e.g. consultants, grant writers, etc.)
3. Any expenses incurred prior to the date of the contract.
4. Indirect costs rates or indirect administrative expenses (only direct costs permitted).
5. Lobbying or advocacy for particular legislative or administrative reform.
6. Legal fees.
7. First class travel.
8. One-time events, prizes, entertainment (i.e., tours, excursions, amusement parks, sporting
events).
9. Management or administrative training, conferences (only pre-approved project related
training).
10. Management studies or research and development (costs related to evaluation is permitted).
11. Honorariums.
12.Fines and penalties.
13. Fund raising and any salaries or expenses associated with it.
14. Purchase of land.
15. Losses from uncollectible bad debts.
16. Memberships and agency dues, unless a specific requirement of the project (prior approval
required).
17. Contributions and donations.
18. Compensation to federal or state employees for travel or consulting fees.
19. Military type equipment such as armored vehicles, explosive devices, and other items typically
associated with the military arsenal.
Conditions on Expenses
1. Costs must be reasonable and necessary. If required by the parent agency, costs must be
sustained by competitive bids. All contracts and subcontracts require prior approval by the
Office of Drug Control Policy. If detailed information is not included as part of the application
process, the grantee must submit a request seeking approval once the subcontractors are
identified.
2. Individual consultant fees are limited to $450 (excluding travel, lodging and meal costs) per
day, which includes legal, medical, psychological and accountant consultants. If the rate will
exceed $450 for an eight-hour day, written approval is required from the Office of Drug Control
Policy. Compensation for individual consultant services is to be responsible and consistent
with that paid for similar services in the market place.
3. Food and beverage costs require prior written approval. The written proposal must include a
working agenda of planned activity. Breakfasts and dinners will generally not be paid.
Jo aaed
ATTACHMENT 7
Program Income
The Department of Justice regulations allow grantees to keep funds (program income) derived from
grant activities, so long as these funds are used for the same purposes as the grant project. In the
absence of such regulations, these funds would be required to be returned to the Department of
Justice.
Asset forfeiture and lab fees are the most prominent program income derived from grant activity.
Department of Justice regulations require that program income be held in the custody of a
governmental entity, with reporting on those funds to the state agency administering the Byrne
Justice Assistance Grants.
Program Income Reports are to be filed quarterly, and are attached to the Supplied Quarterly
Progress Reports.
ATTACHMENT 7
ADDENDUM for DRUG TREATMENT COURTS (ONLY)
The Agency agrees to undertake, perform, and complete the additional services as described below.
It is understood and agreed that all other conditions of the original agreement remain the same.
1. The Contractor is required to submit copies of the subcontractors' Quarterly Program Reports
that detail the progress of each drug court program funded. Subcontractors must submit such
reports to the Agency by the following dates:
January 20, 2006
April 20, 2006
July 20, 2006
October 20, 2006
2. The Contractor shall refer to the Violent Offender definition outlined in the Michigan Public Act
No. 224 and ensure that such offenders will be excluded from drug court programs.
3. The Contractor must comply with the Key Components of Drug Courts as specified by the U.S.
Department of Justice, Drug Courts Program Office and the National Association of Drug Court
Professionals and as outlined by the following:
Key Component #1 Drug Courts integrate alcohol and other drug treatment services
with justice system case processing.
Key Component #2 Using a non-adversarial approach, prosecution and defense
counsel promote public safety while protecting participants' due
process rights.
Key Component #3 Eligible participants are identified early and promptly placed in the
drug court program.
Key Component #4 Drug Courts provide access to a continuum of alcohol, drug, and
other related treatment and rehabilitation services.
Key Component #5 Abstinence is monitored by frequent alcohol and other drug testing.
Key Component #6 A coordinated strategy governs drug court responses to
participants' compliance.
Key Component #7 Ongoing judicial interaction with each drug court participant is
essential.
Key Component #8 Monitoring and evaluation measure the achievement of program
goals and gauge effectiveness.
Key Component #9 Continuing interdisciplinary education promotes effective drug court
planning, implementation, and operations.
Key Component #10 Forging partnerships among drug courts, public agencies, and
community-based organizations generates local support and
enhances drug court effectiveness.
• • • • • ATTACHMENT 7
4. In collaboration with the local Substance Abuse Coordinating Agency and consistent with the
Memorandum of Understanding or agreement, contractors receiving substance abuse
treatment dollars through the Byrne Justice Assistance Grant must use licensed and
accredited substance abuse treatment providers.
5. The Contractor agrees that funds awarded under this grant will not be used to support any
inherently religious activities, such as worship, religious instruction, or proselytization. If the
Contractor refers participants to, or provides, a non-Federally funded program or service that
incorporates such religious activities, (1) any such activities must be voluntary for program
participants, and (2) program participants may not be excluded from participation in a program
or otherwise penalized or disadvantaged for any failure to accept a referral or services. If
participation in a non-Federally funded program or service that incorporates inherently religious
activities is deemed a critical treatment or support service for program participants, the grantee
agrees to identify and refer participants who object to the inherently religious activities of such
program or service to, or provide, a comparable secular alternative program or service.
6. The Contractor must ensure that drug court participants are employed, seeking employment,
or engaged in activities to enable them to be employed.
7. The Contractor must ensure that a plea by participants is required; no deferred prosecution.
8. The Contractor must ensure that treatment and rehabilitative services provided are based
upon a comprehensive assessment of participant needs. Participation in cognitive behavioral
and restructuring, 12-step, and other faith-based programs is encouraged.
9. The Contractor must ensure that participants make some payment toward drug court costs.
Payments may be on a sliding fee scale, ability to pay basis.
*Byrne JAG funded Drug Treatment Courts through MDCH Office of Drug Control Policy
FISCAL NOTE ,(MISC. #05300) December 8, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: PROSECUTING ATTORNEY, SHERIFF - FY 2006 BYRNE MEMORIAL GRANT -
OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced Resolution and finds:
1. The Prosecuting Attorney and Sheriff are requesting the
acceptance of the FY 2006 Byrne Memorial Grant for the
Oakland County Narcotics Enforcement Team (NET).
2. The grant award of $704,000 is for the period of October
1, 2005 through September 30, 2006.
3. The State contribution is $352,000 (50%) and the County
grant match is $352,000 (50%), which is included in the
FY 2006 Adopted Budget Non-departmental grant match line
item.
4. In addition to the County match requirements, the County
is expected to incur $41,226 in administrative and
support costs, which have been included in the FY 2006
budget. This grant does not allow for recovery of those
costs.
5. Acceptance of this grant does not obligate the County to
future commitments and continuation as stated is
contingent upon future grant funding.
6. The recipient departments grant budgets will be amended
as shown on Attachment A.
7. A budget amendment is recommended to transfer the grant
match funds to the Prosecuting Attorney and Sheriff
grant match line items. The Fiscal Year 2006 Budget is
amended as follows:
General Fund #10100
9090101 196030 730800 Grant Match ($352,000)
4010201 122080 730800 Grant Match $176,704
4030901 110090 730800 Grant Match 175,296
Total General Fund Expenditures $ 0
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton and Woodward
absent.
Award
FY 2006
Variance
FY 2005 Budget
to FY 2006 Award
Sheriff
4030901 27320
4030901 27320
4030901 27320
110090 702010 Salaries
110090 722740 Fringe Benefits
110090 776661 Leased Vehicle
Attachment A
Oakland County Narcotics Enforcement Team (NET) Grant
Comparison of FY 2005 Budget to FY 2006 Grant Award
Budget Application
FY 2005 FY 2006
Dept Fund Program Account
Revenue
Prosecuting Attorney
4010201 27320 122080 610313 Grants-Federal
4010201 27320 122080 620467 Grant Match
Sheriff
4030901 27320 110090 610313 Grants-Federal
4030901 27320 .110090 620467 Grant Match
$ 187,834 $ 197,654 $ 176,704 $ (11,130)
187,834 197,654 176,704 (11,130)
184,166 196,121 175,296 (8,870)
184,166 196,121 175,296 (8,870)
$ 744,000 $ 787,550 $ 704,000 $ (40,000)
Expenditures
Prosecuting Attorney
4010201 27320 122080
4010201 27320 122080
702010 Salaries
722740 Fringe Benefits
$ 251,282 $ 264,332 $ 237,000 $ (14,282)
124,386 130,976 116,408 (7,978)
223,750 238,500 238,500 14,750
113,894 122,134 112,092 (1,802)
30,688 31,608 (30,688)
$ 744,000 $ 787,550 $ 704,000 $ (40,000)
/12
"MIN.
I HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
Resolution #05300 December 8, 2005
Moved by Gregory supported by Douglas the resolutions on the Consent Agenda, as amended, be
adopted (with accompanying reports being accepted).
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton,
Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard,
Coulter. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda, as amended, were
adopted (with accompanying reports being accepted).
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoinb resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 8, 2005,
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 8th day of December, 2005.
Ruth.Joistascg tSunty Clerk