HomeMy WebLinkAboutResolutions - 2006.11.30 - 28284MISCELLANEOUS RESOLUTION #06226 November 30, 2006
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF, PROSECUTING ATTORNEY - FY 2007 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 awarded the Sheriff
and Prosecuting Attorney funding for the Narcotics Enforcement Team (NET);
and
WHEREAS the grant application requested $748,750 in funding, and the
grant award is $704,000 creating a $44,750 shortfall; and
WHEREAS the state contribution is $352,000, the County grant match is
$352,000, and the additional 044,750 in funding will be paid directly from
NET Forfeiture Funds and Prosecutor Forfeiture Funds; and
WHEREAS grant funding is for the period of October 1, 2006 through
September 30, 2007; and
WHEREAS the grant will fund three (3) SR Assistant Prosecutor positions
(441201-6386, #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 Board of
Commissioners accepts the Oakland County NET grant award, for the period
October 1, 2006 through September 30, 2007, in the amount of $704,000, which
includes $352,000 State allocation and $352,000 in County grant match.
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 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 Scott, Gregory and Gershenson absent.
Page 1 of 3
Pam Worthington
From: Greg Givens [givensg@oakgov.com ]
Sent: Friday, November 03, 2006 4:00 PM
To: Doyle, Larry; 'Newman_Capt, Mark'; 'Joe Rozell'
Cc: Mike McCabe (McCabe, Mike); 'Worthington, Pam'; 'Candace Frederick'; Greg Givens; 'Hanger,
Helen'; 'Johnston, Brenthy'; 'Mitchell, Sheryl'; 'Pardee, Mary': 'Smith, Laverne': 'Wenzel, Nancy'
Subject: GRANT REVIEW SIGN OFF - Sheriffs Office
GRANT REVIEW SIGN OFF — Sheriffs Office
GRANT NAME: FY 2007 Oakland County Narcotic Enforcement Team (NET) - Byrne
FUNDING AGENCY: Michigan Office of Drug Control Policy
DEPARTMENT CONTACT PERSON: Captain Mark Newman / 8-5087
STATUS: Acceptance
DATE: November 3, 2006
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal
grant review. Below are the returned review 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 (11/3/2006)
Department of Human Resources:
Approved. —Nancy Scarlet (10/30/2006)
Risk Management and Safety:
Approved By Risk Management — Julie Secontine (10/31/2006)
Corporation Counsel:
After reviewing this grant contract, there appear to be no outstanding legal issues that require additional action or
resolution.— Karen Agacinski (11/3/2006)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of these
specifically cited compliance related documents for this grant.
Federal Office of Management and Budget (OMB) Circular No. A-87 - Cost Principles for Local Government.
This Circular establishes principles and standards for determining costs for Federal awards carried out through
grants with State and local governments. littp //www, whitehou se.gov/om b/circulars/a087/a87_2004.html
11/3/2006
Page 2 of 3 a' Jr
Federal Office of Management and Budget (OMB) Circular No. A-102. This Circular establishes consistency and
uniformity among Federal agencies in the management of grants and cooperative agreements with State, local,
and tribal governments. http://www.whitehouse.gov/omb/eirculars/a I 02/a102.htm I
Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards for
obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-
profit organizations expending federal awards. littp ://www.wh itehouse.gov/omb/circulars/a133/a133.htm I
Michigan Human Subjects Regulation — http//www.michigan.gov/mdch/0.1607,7-132-2945 32550-99784--
,00.html,
Federal Anti-Lobbying Act —"31 USC 1352" [Select HIT 1] http://frwebgate.accesszpo rgov/cgi-bin/multidb.c.gi?
WAISdbName=2000_uscode_suppl_2+United+States+Code+%282000±suppl.+2%
29&WAISqueryString=31usc1352&Subin it.=Submit&WAISmaxi-lits=50&WAISqueryRule=%
24WAISqueryString&WAIStemplate—rn u Itidb_resu Its.htm l&WrapperTemplate=uscode_wrapper.htm I or
http://afmcethics.wpafb.afmil/statutes/31-1352.1itin
Federal Lobbying Disclosure Act of 1995 —2 USC 1601; [Select HIT 1]
http://frwebgate.access.gpo.gov/egi-bin/multidb.egi?
WAISdbName=2000 uscode_suppl_2+United+States+Code+%282000+-suppl.+2%29&WAISquerylkule=%28%
24WAISquetyString670
29&WAISqueryString=2usc1601&W AlStern plate=rnultidb_results.htm 1 &Subm it.=Subm it&W rapperTem &testi
Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" [Enter Act Number and Year]
http://www.legislature.m i.gov/(uq3 I xgeltni tj5z5.5z2ttiwv45)/m i leg.aspx?page=getobject&objectname=mcl -Act-
453 -of- I 976&queryid=14718540
Michigan Persons with Disabilities Civil Rights Act —"Act 220 of 1976" [Enter Act Number and Year]
http://www.legislature.mi.gov/(S(tImxfiyhrdwitir55pkunbnmu))/mileg,aspx?page —MCLPASearch
Federal Government-Wide Debarment and Suspension —Non-procurement - Date 11/2003 FR
http://www.whitehouse.gov/omb/fedreg/2004/031126.pdf#search=%2200VERNMENTWIDE%
20DEBARMENT%20AND%20SUSPEN SI OW022
• 45 CFR Part 76 http://www.access.gpo.gov/nara/cfr/waisidx_05/45cfr76_05.1itml
Federal Environmental Tobacco Smoke "Pro-Children Act of 1994"
http://www.cdc.gov/tobacco/research_data/yotith1464119.htm
Federal Civil Service Reform Act 42 USC 4728 - Intergovernmental Personnel Program, Strengthening State and
Local Personnel Administration [Select HIT Vj
littp://frweb_gate.access.gpo.g_ov/cg i-bin/multidb.cgi?
WAISdbName=2000_uscode_suppl_2+United 4-States+Code+%282000-'-suppl.+2%
29&WAISqueryString-42usc4728&Submit.—Submit&WAISmaxHits-50&WAISqueryRule=%
24WAISqueryString&WAIStemplate—multidb_results.html&WrapperTem_plate=uscode wrapper.html
Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.osc.g_ov/hatchact.htm
Federal Health Insurance Portability and Accountability Act of 1996 (H1PAA, Title II)
lfltp://www.cms.hhs.gov/H IPAAGen Info/Down loads/H I PAA lawdetai I. pdf
Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities "Act 317 of 1968" [Enter Act
Number and Year]
http://www.legis1ature pj ,gov/(S(timxfiyhrdwuir55pktinbnniu))/mi I eg. aspx7page=MCIPA Search
11/3/2006
. 44--°•!:-151b
JENNIFER M. GRANHOLM
GOVERNOR
STATE OF MICHIGAN
DEPARTMENT OF COMMUNITY HEALTH
LANSING
JANET OLSZEWSKI
DIRECTOR
September 26, 2006
Capt. Mark Newman
N.E.T. - County of Oakland
1201 N. Telegraph Rd.
Pontiac, MI 48341
RE: Oakland County Narcotic Enforcement Team
ODCP #72181-3-07-13
Dear Capt. Newman:
On behalf of Governor Jennifer Granholm and Lieutenant Governor John Cherry, I would like to extend
congratulations to you.
I am delighted to inform you that your application to the Office of Drug Control Policy has been selected to receive
grant funding. Reducing and preventing drug use, trafficking, and crime remains a top priority of this
Administration, and your organization's efforts are valued and appreciated. Due to vastly reduced federal funding,
the Office of Drug Control Policy was only able to award those agencies with current projects that were within their
4-year funding cycle, and all multijurisdictional drug teams. The federal funds award pending the finalization of
the grant agreement for your project is $352,000.
Shortly, you will receive an email from our office advising you of the procedure for initiating a contract with the
Department of Community Health.
If you have any questions or concerns about your award, please contact Jim Rapp at (517) 241-2916 or
RappJmichigan.gov.
Sincerely,
Donald L. Allen, Jr.
Director
Office of Drug Control Policy
nnl
cc: Nancy Becker Bennett, Office of Drug Control Policy
LEWIS CASS BUILDING • 320 SOUTH WALNUT STREET • LANSING, MICHIGAN 48913
www.michigan,gov • (517) 373-3500
Printed by members of
?3C(FI7( — WO
Contract #: 20071799
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 A , 72181-3-07-B
Part I
1. Period of Agreement: This agreement shall commence on 10/1/2006 and continue
through 9/30/2007 . 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 $ 352,00C
The federal funding provided by the Department is: $352,000 or
approximately loo. 00 %; 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 2006 DJ Ex 0029
is Byrne Formula Grant
and federal program title
The grant agreement is designated as a subrecipient relationship.
DCH-0665FY20062/05 (VV) 1 of "5
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
2 of 15 DCH-0665P(2006 2/05 (W)
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.
11. 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 (VV) 3 of 15
Part 11
General Provisions
Responsibilities - Contractor
The Contractor in accordance with the general purposes and objectives of this
agreement will:
A. Publication Rights
1. Where activities supported by this agreement produce books, films, or
other such 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 project was supported by grant project #2006-DJ-BX-0029,
awarded by the Bureau of Justice Assistance, Office of Justice
Programs, U.S. Department of Justice and administered by the Michigan
Department of Community Health/Office of Drug Control Policy. Points of
view or opinions contained within this document are those of the author
and do not necessarily represent the official position or policies of the
U.S. Department of Justice, or the Michigan Department of Community
Health."
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 3 rd 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.
4 of 15 DCH-0665FY2006 2/05 OM
5
MISCELLANEOUS RESOLUTION #06226 November 30, 2006
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF, PROSECUTING ATTORNEY - FY 2007 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 awarded the Sheriff
and Prosecuting Attorney funding for the Narcotics Enforcement Team (NET);
and
WHEREAS the grant application requested $748,750 in funding, and the
grant award is $704,000 creating a $44,750 shortfall; and
WHEREAS the state contribution is $352,000, the County grant match is
$352,000, and the additional $44,750 in funding will be paid directly from
NET Forfeiture Funds and Prosecutor Forfeiture Funds; and
WHEREAS grant funding is for the period of October 1, 2006 through
September 30, 2007; 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 Board of
Commissioners accepts the Oakland County NET grant award, for the period
October I, 2006 through September 30, 2007, in the amount of $704,000, which
includes $352,000 State allocation and $352,000 in County grant match.
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 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 Scott, Gregory and Gershenson absent.
Page 1 of 3
Pam Worthington
From: Greg Givens [givensg@oakgov.corn]
Sent: Friday, November 03, 2006 4:00 PM
To: Doyle, Larry; 'Newman_Capt, Mark'; 'Joe Rozell'
Cc: Mike McCabe (McCabe, Mike); 'Worthington, Pam'; 'Candace Frederick'; Greg Givens; 'Hanger,
Helen'; 'Johnston, Brenthy'; 'Mitchell Sheryl'; 'Pardee, Mary'; 'Smith, Laverne'; 'Wenzel, Nancy'
Subject: GRANT REVIEW SIGN OFF - Sheriff's Office
GRANT REVIEW SIGN OFF — Sheriff's Office
GRANT NAME: FY 2007 Oakland County Narcotic Enforcement Team (NET) - Byrne
FUNDING AGENCY: Michigan Office of Drug Control Policy
DEPARTMENT CONTACT PERSON: Captain Mark Newman / 8-5087
STATUS: Acceptance
DATE: November 3, 2006
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal
grant review. Below are the returned review 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 (11/3/2006)
Department of Human Resources:
Approved. —Nancy Scarlet (10/30/2006)
Risk Management and Safety:
Approved By Risk Management — Julie Secontine (10/31/2006)
Corporation Counsel:
After reviewing this grant contract, there appear to be no outstanding legal issues that require additional action or
resolution.— Karen Agacinski (11/3/2006)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of these
specifically cited compliance related documents for this grant.
Federal Office of Management and Budget (OMB) Circular No. A-87 - Cost Principles for Local Government.
This Circular establishes principles and standards for determining costs for Federal awards carried out through
grants with State and local governments. http://www.whitchouse.gov/omb/eirculars/a087/a87_2004.1ftml
11/3/2006
Page 2 of 3
Federal Office of Management and Budget (OMB) Circular No. A-102. This Circular establishes consistency and
uniformity among Federal agencies in the management of grants and cooperative agreements with State, local,
and tribal governments. http://www. wh ite ou se.gov/omb/c irculars/a102/a102.html
Federal Office of Management and Budget (OMB) Circular No. A-133. This Circular sets forth standards for
obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-
profit organizations expending federal awards. http://www.whiteliouse.goviomb/circulars/a133/a133.html
Michigan Human Subjects Regulation — littp://www.m ichigan.gov/mdch/0,1607,7-132-2945_32550-99784--
,00.html,
Federal Anti -Lobbying Act — "31 USC 1352" [Select HIT 1] http;//frwebgate.access,gpo.gov/cgi-bin/multidb.cgi?
WAISdbName=2000_uscode_suppl_2+United+States+Code+%282000+suppl.+2%
29&WAISqueryString=31usc1352&Subm it,=Submit&WAISmaxHits=50&WAISqueryRule=%
24WAISqueryString&WAIStemplate=m LI I t idb_results.html&WrapperTemplate=uscode_wrapper.html or
http://afm ceth ics.wpafb.af.m Ustatutes/31-1352.htm
Federal Lobbying Disclosure Act of 1995 — 2 USC 1601; [Select HIT I]
http://frwebgate.access.gpo.gov/cgi-bin/inulticlb.ce:i?
WAISdbName=2000_uscode_suppl_2+Unitecl -'--States+Code+"/0282000+suppl.+2%29&WAISqueryRule=%28%
24VVAISqueryString%
29&WAISqueryString=2usc1601 & W A IStemplate=multidb results. htm 1 &Su bm it.=Subm it&WrapperTemplate=u5
Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" [Enter Act Number and Year]
http://www.legi slature.mizov/(uq3lxgeltm rj5z55z2u iwv45)/m ileg.aspx?patte=getobject&objectname=mcl-Act-
453-of-1976&queryid=14718540
Michigan Persons with Disabilities Civil Rights Act —"Act 220 of 1976 - [Enter Act Number and Year]
http://www.legislature.mi.goyAS (tImxfiyhrdwu ir55pkunbninu))/m ileg.aspx?page=MCLPASearch
Federal Government-Wide Debarment and Suspension — Non-procurement - Date 11/2003 FR
http://www.whitehouse.gov/omb/fedreg/2004/031126.pdf#search=%22Ci0V ERN MENTWIDE%
20DEBARMENT%20AND%20SUSPENSION%22
• 45 CFR Part 76 http://www.access.gpo.gov/nara/cfr/waisidx_05/45cfr76_05.html
Federal Environmental Tobacco Smoke —Pro-Children Act of 1994"
http://www.cdc.gov/tobacco/research_data/youth/464119.htm
Federal Civil Service Reform Act 42 USC 4728 - Intergovernmental Personnel Program, Strengthening State and
Local Personnel Administration [Select I IIT 1]
http://frwebgate.access.gpo.gov/cgi-bin/multidb.cgi?
WAISdbName=2000_uscode_suppl_2+Uii ited÷States+-Code+%282000Thsuppl_.+2%
29&WAISqueryString=42usc4728&Subm it.---Suhmit&WAISmaxHits-50&WAISqueryRule=%
24WAISquetyString&WAIStemplate=m ultidb_results.html&WrapperTemplate=uscode wrapper,html
Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.osc.gov/hatchact.htm
Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II)
http://www.cms.hlis_gov/HIPAAGen Info/Downloads/H I PAA lawdetail.pdf
Michigan — Conflict of Interest - Contracts of Public Servants with Public Entities "Act 317 of 1968" [Enter Act
Number and Year]
http://www.legislature.mi.gov/(S(tlmxtiyhrdwuir55pkunbrimu))/milcg.aspx?page —Mc LPAS.earch
11/3/2006
JENNIFER M. GRANHOLM
GOVERNOR
STATE OF MICHIGAN
DEPARTMENT OF COMMUNITY HEALTH
LANSING
JANET OLSZEWSKI
DIRECTOR
September 26, 2006
Capt. Mark Newman
N.E.T. - County of Oakland
1201 N. Telegraph Rd.
Pontiac, MI 48341
RE: Oakland County Narcotic Enforcement Team
ODCP #72181-3-07-B
Dear Capt. Newman:
On behalf of Governor Jennifer Granholm and Lieutenant Governor John Cherry, I would like to extend
congratulations to you.
I am delighted to inform you that your application to the Office of Drug Control Policy has been selected to receive
grant funding. Reducing and preventing drug use, trafficking, and crime remains a top priority of this
Administration, and your organization's efforts are valued and appreciated. Due to vastly reduced federal funding,
the Office of Drug Control Policy was only able to award those agencies with current projects that were within their
4-year funding cycle, and all multijurisdictional drug teams. The federal funds award pending the finalization of
the grant agreement for your project is $352,000.
Shortly, you will receive an email from our office advising you of the procedure for initiating a contract with the
Department of Community Health.
If you have any questions or concerns about your award, please contact Jim Rapp at (517) 241-2916 or
RappJ@michigan.gov .
Sincerely,
Donald L. Allen, Jr.
Director
Office of Drug Control Policy
rml
cc: Nancy Becker Bennett, Office of Drug Control Policy
LEWIS CASS BUILDING • 320 SOUTH WALNUT STREET • LANSING, MICHIGAN 48913
www.nnichigan,gov * (517) 373-3500
Printed by members of: 0 PIA
S1E1 LI
n-..47.1• I C2,3(37 (01
Contract #: 20071799
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.F.T. - County of Oakland
Oakland County Narcotic Enforcement Team
ODCP 7218I-3-07-B
Part I
1. Period of Agreement: This agreement shall commence on 10/1/2006 and continue
through 9/30/2007 . 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 no . oo `)/0: 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 Decartment of Justice
the federal grant award number is 2006 DJ BX 0029
is Byrne Formula Grant
and federal program title
The grant agreement is designated as a subrecipient relationship.
DON-0665FY20C62/05 ON) 1 of 15
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.gcv
Email Address
DCH-0665FY2006 2/05 (W) 2 of 15
9. Special Conditions:
A. This agreement is valid upon approval by tne 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.
11. 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 ' 5
Part II
General Provisions
Responsibilities - Contractor
The Contractor in accordance with the general purposes and objectives of this
agreement will
A. Publication Rights
1. Where activities supported by this agreement produce books, films, or
other such 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 project was supported by grant project #2006-DJ-BX-0029,
awarded by the Bureau of Justice Assistance, Office of Justice
Programs, U.S. Department of Justice and administered by the Michigan
Department of Community Health/Office of Drug Control Policy. Points of
view or opinions contained within this document are those of the author
and do not necessarily represent the official position or policies of the
U.S. Department of Justice, or the Michigan Department of Community
Health."
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.
4 of 15 DCH-0665FY2006 2/05 (W)
E. Record Maintenance/Retention
Maintain adequate program and fiscal records and files, including source
documentation to support program activities and all expenditures made under
the terms of this agreement, as required. Assure that all terms of the
agreement will be appropriately adhered to and that records and detailed
documentation for the project or program identified in this agreement will be
maintained for a period of not less than three (3) years from the date of
termination, the date of submission of the final expenditure report or until
litigation and audit findings have been resolved.
F. Authorized Access
Permit upon reasonable notification and at reasonable times, access by
authorized representatives of the Department, Federal Grantor Agency,
Comptroller General of the United States and State Auditor General, or any of
their duly authorized representatives, to records, files and documentation
related to this agreement, to the extent authorized by applicable state or federal
law, rule or regulation.
G. Audits
This section only applies to Contractors designated as subrecipients.
Contractors designated as vendors are exempt from the provisions of this
section.
1. Required Audit or Notification Letter
Contractors must submit to the Department a Single Audit, Financial
Statement Audit, or Audit Status Notification Letter as described below. if
submitting a Single Audit or Financial Statement Audit, Contractors must
also submit a Corrective Action Plan for any audit findings that impact
MDCH-funded programs and management letter (if issued) with a
response.
a. Single Audit
Contractors that expend $500,000 or more in federal awards
during the Contractor's fiscal year must submit to the Department
a Single Audit prepared consistent with the Single Audit Act
Amendments of 1996, and Office of Management and Budget
(OMB) Circular A-133, "Audits of States, Local Governments, and
Non-Profit Organizations," (as revised).
b. Financial Statement Audit
Contractors exempt from the Single Audit requirements that
receive $500,000 or more in total funding from the Department in
State and Federal grant funding must submit to the Department a
Financial Statement Audit prepared in accordance with generally
accepted auditing standards (GAAS). Contractors exempt from
the Single Audit requirements 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 MDCH-
DCH-0665FY2006 2/05 (W) 5 of 15
funded programs including, but not limited to fraud, going concern
uncertainties, financial statement misstatements, and violations of
contract and grant provisions.
c. Audit Status Notification Letter
Contractors exempt from both the Single Audit and Financial
Statement Audit requirements (a. and b. above) must submit an
Audit Status Notification Letter that certifies these exemptions
(Attachment 6).
2. Due Dates and Where to Send
The required audit and any other required submissions (i.e. Corrective
Action Plan and management letter with a response), or audit Status
Notification Letter must be submitted to the Department within nine
months after the end of the Contractor's fiscal year to :
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
P.O. Box 30479
Lansing, Michigan 48909-7979
For Express Delivery:
Capitol Commons
400 S. Pine Street
Lansing, MI 48933
3. 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 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
requirement and an extension has not been approved by the
cognizant agency for audit.
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
6 of 15 DOH-0665FY2006 2/05 (W)
amount equal to one percent of the audit year's grant funding until
the Audit Status Notification Letter is received.
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.
The Contractor must also develop a subrecipient monitoring plan that
addresses "during the award monitoring" of subrecipients to provide
reasonable assurance that the subrecipient administers Federal awards in
compliance with laws, regulations, and the provisions of contracts, and that
performance goals are achieved. The subrecipient monitoring plan should
include a risk-based assessment to determine the level of oversight, and
monitoring activities such as reviewing financial and performance reports,
performing site visits, and maintaining regular contact with subrecipients.
The Contractor must establish requirements to ensure compliance for for-profit
subrecipients as required by OMB Circular A-133, Section .210(e).
The Contractor must ensure that transactions with vendors comply with laws,
regulations, and provisions of contracts or grant agreements in compliance with
OMB Circular A-133, Section .210 (f).
Notification of Modifications
Provide timely notification to the Department, in writing, of any action by its
governing board or any other funding source that would require or result in
significant modification in the provision of services, funding or compliance with
operational procedures.
J. Software Compliance
The Contractor must ensure 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 without
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 (VV) 7 of 15
11. 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 unreiated 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,
DCH-0685FY2006 2/05 (W) 8 of 15
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, 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
DCH-0665FY2006 2/05 (W) 9 of 15
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 (VVIC) coupons are redeemed. Failure to
comply with the provisions of the law may result in the imposition of a
civil monetary penalty of up to $1,000 for each violation and/or the
imposition of an administrative compliance order on the responsible
entity. The Contractor also assures that this language will be included in
any subawards, which contain provisions for children's services.
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,
DCH-0665FY2006 2/05 (W) 10 of 15
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 all copies of executed subcontracts to 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.
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.
DCH-0665FY2006 2/05 (VV) 11 of 15
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
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
vvvvw.michigan.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.
DCH-0665FY2005 2/05 (W) 12 of 15
C. Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration process to
receive all State of Michigan payments as Electronic Funds Transfers
(EFT)/Direct Deposits. Vendor registration information is available through the
Department of Management and Budget's web site:
• www.cpexpress.state.misus
D. 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.
E. Unobliqated Funds
Any unobligated balance of funds held by the Contractor at the end of the
agreement period will be returned to the Department or treated in accordance
with instructions provided by the Department.
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
111.D. of this agreement during the term of this agreement or any extension
thereof.
DCH-0565FY2006 2/05 (VV) 13 of 15
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. Seyerability
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
DOH-0665FY2006 2/05 (\Ai) 14 of 15
State, its agencies (the Department) or their employees, respectively, as
provided by statute or court decisions.
X. Conflict of Interest
The Contractor and the Department are subject to the provisions of 1968 PA 317, as
amended, 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.
0CH-0665FY2006 2/05 (\N) 15 of 15
ATTACHMENT 1
PURPOSE
7218I-3-07-B
The Oakland County Narcotic Enforcement Team (N.E.T.) encourages 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
72181-3-07-3
The Oakland County Narcotic Enforcement Team (NET) is a multijurisdictional :ask 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 twelve local police
departments. NET has strengthened the partnership relationship with SONIC. SONIC is
comprised of officers from three weetern 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 rela'oed 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, TEA, ATF, and HIDTA, will increase under the OCSD
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
I auditor
1 secretary
I property room attendant
I 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, I 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
Royal Oak Police Department
Southfield Police Department
Sterling Heights Police Department
ATTACHMENT 2
STATEMENT OF WORK
Troy 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.
While crack and powder cocaine sales remain steady in numbers, the use and therefore
sales of heroin are increasing exponentially. This increase is extremely troubling given
the influx of fentanyl as a cutting agent or replacement for heroin. Fentanyl is
extremely dangerous and is suspected of being connected to several deaths related to drug
abuse. Special attention to cases involving fentanyl sales and use will become
increasingly necessary and time intensive.
The assignment of one special assistant prosecuting attorney to the Oakland County
ATTACHMENT 2
STATEMENT OF WORK
Citizens Grand Jury, when impaneled, will impact narcotics trafficking organizations by
assisting the Grand Jury in dismantling drug delivery networks and indicting those
persons responsible for the distribution of large quantities of narcotics. Aggressive
prosecution and a continued practice of minimal plea-bargaining create a reduction in the
rate of crime growth. This practice of the Oakland County Prosecutor's Office Narcotics
Section facilitates police agencies in their ability to apprehend traffickers higher up
in the chain of distribution. Defendants faced with the grim reality of substantial
prison time are often willing to inform iaw 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 multijurisdicticnal 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. The special prosecution unit will vertically prosecute all cases in
which Level I, II, and 1 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. 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 i Of
Oakland County Narcotic Enforcement. Team 10/12/2006 1 1
CONTRACTOR NAME BUDGET PERIOD
County of Oakland 10/1/2006 - 9/30/2007
MAILING ADDRESS (Number and Street) BUDGET AGREEMENT AMENDMENT #
1200 N. Telegraph Rd. Lj ORIGINAL EAMENDMENT ).
CITY STATE ZIP CODE FEDERAL ID NUMBER
Pontiac MI 48341 38-6004876
EXPENDITURE CATEGORY I TOTAL BUDGET
(Use Whole Dollars)
1. SALARIES & WAGES $237,7501 8237,750 $475,500
2. FRINGE BENEFITS i $114,250 $114,250 $228,500
1 3. TRAVEL
4. SUPPLIES & MATERIALS
5. CONTRACTUAL (SubcontractsiSubrecipients)
6. EQUIPMENT
7. OTHER EXPENSES
1
1
1
8. TOTAL DIRECT EXPENDITURES $352,000 $352,000 $704,000
(Sum of Lines 1-7)
9. INDIRECT COSTS: 09/0 $0 $c $0
1
10. TOTAL EXPENDITURES 8352,000 $352,0001 8704,000
SOURCE OF FUNDS
11. FEES & COLLECTIONS 0 0
12. STATE AGREEMENT $352,000 $352,000
13. LOCAL $352,000 $352,000
14. FEDERAL $0; $0
15. OTHER(S) $0 $0
16. TOTAL FUNDING 5352,000 $352,0CC $704,000
AUTHORITY: P.A. 368 of 1978 The Department of Community Health is an equa.
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 E-ditinn Obsolete. Also Replaces FIN-
of 1 Page 1
ATTACHMENT 3
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM BUDGET COST DETAIL
PROGRAM CODE BUDGET PERIOD DATE PREPARED
Oakland County Narcotic 72181-3-07-B 10/1/2006 to 9/30/2007 10/12/2006
Enforcement Team 1 ORIG :NAL BUDGET I AMENDED BUDGET I AMENDMENT NUMBER
I I
_
1. SALARY AND WAGES POSITIONS I TOTAL COMMENTS
REQU:RED : SALARY
, Asst Prosecuting Attorney II
2 $134,062: I
Assistant Prosecuting Attorney .7.1i 1 $102,938
Oakland Co. Deputy 1 $62,262
Office Assistant 1 $34,834
2 Sergeants 2 $141,404
I
TOTAL SALARIES AND WAGES 7 $475,500; I
2. FRINGE BENEFITS (specify)
E FICA IX LIFE INS. rzi DENTAL INS I I COMPOSITE RATE
E UNEMPLOY INS. IT: VISION INS. IX I WORK COMP — AMOUNT % I2ci RETIREMENT HEARING INS.
X HOSPITAL INS. 7 OTHER
TOTAL FRINGE BENEFITS $ $228, 500
i 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
I 6. EQUIPMENT (specify)
$ $ 0
.___.
7 OTHER EXPENSES (specify if any item exceeds 10% cf Total Expenditures)
$ $ 0
8. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7)
$ $7 04 , 000
9. INDIRECT COST CALCULATIONS
Rate 0% $o $o $ $ 0
i 10. TOTAL EXPENDITURES (sum of lines 8-9)
$704 , OCC
DCH-0386FY2002(E) (W) 6/2001 COMPLETION IN A CONDITION OF FUNDING AUTHORITY PA 368 of 1978
ATTACHMENT 4
PERFORMANCE / PROGRESS REPORT REQUIREMENTS
A. The Contractor shall submit the following reports on the following dates:
Program reports must be downloaded from the CDCP 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.
Reports are due to the Office of Drug Control Policy no later than: January 30, 2007,
April 30, 2007, July 3C, 2007, and October 30, 2007. Failure to submit timely,
complete, and accurate progress reports may delay reimbursement and could result in
grant closure.
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.
Any such other information as specified in the Statement of Work, Attachment A
shall be developed and submitted by the Contractor as required by the Contract
Manager.
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 I Page i Of
Local Agency Name Program Code
Street Address Report Period Date Prepared
Thru El Final
City. State, ZIP Code ' Agreement Period FE ID Number
I Thru
Category Expenditures Agreement
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%
9b.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 7itle
Contact Person Name Telephone Numper
FOR STATE USE ONLY
Advance INDEX PCA A OBJ. CODE t AMOUNT
Advance Outstanding I
i
Advance Issued or Applied
Balance ,
Message
Authority: P.A. 368 011978 IThe 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, "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.
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. Tne 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 its subgrantees 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.
14.1n 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. It will provide an Equal Employment Opportunity Program if required to maintain one.
16. It 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.
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. Contractors must submit such
reports to the Department by the following dates:
January 30, 2007
April 30, 2007
July 30, 2007
October 30, 2007
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.
•
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
Contractor 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.
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 fundeo Drug Treatment Courts through MUCH Office of Drug Control Policy
$ 23,674
$ 21,076
$_44,_750
Enhancement Fds.
Enhancement Fds.
4 ei. 1
FISCAL NOTE (MISC. 106226) November 30, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: SHERIFF, PROSECUTING ATTORNEY - FY 2007 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 2007 Byrne Memorial Grant for the Oakland
County Narcotics Enforcement Team (NET).
2. The grant award of $704,000 is $44,750 less than the amount
requested in the grant application.
3. The State contribution is $352,000 and County grant match is
$352,000. The county match is included in the FY 2007 Non-
departmental grant match line item. The $44,750 shortfall
will be covered by $23,674 being transferred from NET
Forfeitures and $21,076 from Prosecutor Forfeitures.
4. In addition to the County match requirements, the County is
expected to incur $58,010 in indirect costs than will not be
recovered from the grant.
5. The grant period is October 1, 2006 through September 30,
2007.
6. Acceptance of this grant does not obligate the County to
future commitments and continuation as stated is contingent
upon future grant funding.
7. A budget amendment to the Fiscal Year 2007 adopted budget is
recommended as follows:
Adopted Adjust Amended
FY 2007 FY 2007 FY 2007
GENERAL FUND #10100
Revenue
4030901-110090-670285
4010101-122080-670285
Total General Fund Revenue
Expenditures
9090101-196030-730800 Grant Match
4010201-122080-788001-27320 Transfers Out
4030901-110090-788001-27320 Transfers Out
Total General Fund Expenses
($352,000)
$197,780
$198,970
$ 44,750
GRANT FUND #27320
Project GR#0000000146, Activity A,
Analysis Type GLB
Revenue
4010201-122080-610313 Grants Federal $176,704 $ 0 $176,704
4030901-110090-610313 Grants Federal $175,296 $ 0 $175,296
4010201-122080-620467 Grant Match $176,704 ($176,704) $ 0
4030901-110090-620467 Grant Match $175,296 ($175,296) $ 0
4010201-122080-695500-10100 Transfers In $ 0 $176,704 $176,704
4030901-110090-695500-10100 Transfers In $ 0 $175,296 $175,296
4030901-110090-695500-10100 Trfrs In Sherf $ 0 $ 23,674 $ 23,674
4010201-122080-695500-10100 Trfrs In Pros. $ 0 $ 21,076 $ 21,076
Total Grant Fund Revenue $704,000 $ 44,750 $748,750
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton, Wilson and Jamian
absent.
, b., „
Expenditures
4010201-122080-702010 Salaries $237,000 $ 7,122 $244,122
4010201-122080-722740 Fringe Benef. $116,408 $ 12,771 $129,179
4010201-122080-702010 Salaries $238,500 $ 6,370 $244,870
4010201-122080-722740 Fringe Benef. $112,092 $ 18,487 $130,579
Total Grant Fund Expenditures $704,000 $=44,750 $748,750
FINANCE COMMITTEE
1110 PH
Ruth Johnson, County Clerk
Resolution #06226 November 30, 2006
Moved by Suarez supported by Molnar the resolutions (with fiscal notes attached) on the Consent
Agenda, be adopted (with accompanying reports being accepted).
AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jacobsen, Jamian, KowaII,
Long, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Woodward,
Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voting in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda, were adopted (with accompanying reports being accepted).
'MEW`
IY APPROVE THE FOREGOING RESOLUTION
/
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
November 30, 2006, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 30th day of November, 2006.