HomeMy WebLinkAboutResolutions - 2024.10.24 - 41545
AGENDA ITEM: Grant Acceptance from the State Court Administrative Office for the FY 2025 Adult
Treatment Court Byrne Program
DEPARTMENT: Circuit Court
MEETING: Board of Commissioners
DATE: Thursday, October 24, 2024 7:22 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4548
Motion to accept the FY 2025 Adult Treatment Court Byrne Program Grant from the State Court
Administrative Office, amend the FY 2025 budget as detailed in the attached Schedule A Budget
Amendment, and authorize the Chair of the Board of Commissioners to execute the agreement,
pending review and approval by Risk Management and Corporation Counsel.
ITEM CATEGORY SPONSORED BY
Grant Penny Luebs
INTRODUCTION AND BACKGROUND
The Byrne grant funding assists in covering expenses related to our Adult Treatment Court. The
Oakland County Adult Treatment Court (ATC) is a Hybrid / DWI Court that applies alternative
judicial proceedings to chemically abusing and dependent, non-violent, adult felony offenders that
have met established eligibility criteria for admittance. The program is voluntary and intensively
design, combining the implementation of evidence-based treatment supports with court-ordered
supervision and case management services.The ATC aims to rehabilitate, and then successfully
reintegrate, these high-risk individuals back within the community with the goal of reducing
recidivism and avoiding any unnecessary terms of jail or imprisonment.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Chris Bujak, Chief Court Business Operations
Richard Lynch, Circuit Court Administrator
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 10/24/2024
AGENDA DEADLINE: 11/03/2024 7:22 PM
ATTACHMENTS
1. Budget Amendment - Schedule A
2. FY25 Byrne Award Letter
3. Byrne FY 25 Grant Redacted
4. Byrne_AssuranceCertifications
COMMITTEE TRACKING
2024-10-15 Public Health and Safety - Recommend to Board
2024-10-24 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, William
Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie
Taylor (17)
No: None (0)
Abstain: None (0)
Absent: Marcia Gershenson, Charles Cavell (2)
Passed
Oakland County, Michigan
Circuit Court – Acceptance of FY25 Byrne Grant for Adult Treatment Court
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)Grant ID (GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2025
Amendment
FY 2026
Amendment
FY 2027
Amendment
R Judicial Grants Civil/Criminal Division FND11012 CCN3010301 RC610313 PRG121200 GRN-1004299 610000 Federal Operating Grants (31,500)(31,500)(31,500)
Total Revenues $(31,500)$(31,500)$(31,500)
E Judicial Grants Civil/Criminal Division FND11012 CCN3010301 SC731458 PRG121200 GRN-1004299 730000 Professional Services (21,500)(21,500)(21,500)
E Judicial Grants Civil/Criminal Division FND11012 CCN3010301 SC730548 PRG121200 GRN-1004299 730000 Drug Testing Expense (10,000)(10,000)(10,000)
Total Expenditures $(31,500)$(31,500)$(31,500)
Michigan Supreme Court
State Court Administrative Office
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
Phone 517-373-0128
Thomas P. Boyd
State Court Administrator
September 16, 2024
Honorable Jeffery S. Matis, Chief Judge
6th Circuit Court
1200 N Telegraph Rd.
Pontiac, MI. 48341
Re: FY 2025 Edward Byrne Memorial Justice Assistance Grant Award Notification
6th Circuit Court — Hybrid DWI/Drug Court
Contract Number: 37625
UEI: HZ4EUKDD7AB4
SCAO UI: U10106
Dear Chief Judge Matis:
I am pleased to inform you that your application for funding through the Edward Byrne
Memorial Justice Assistance Grant program has been approved. On behalf of the State Court
Administrative Office (SCAO), I am delighted to award your court a grant in the amount of
$41,000 to support your problem-solving court. This award is for the grant period October 1,
2024, through September 30, 2025, and is contingent upon SCAO being awarded and receiving
federal grant awards in the full amount requested.
The Edward Byrne Justice Assistance Grant assists Adult Drug, Hybrid DWI/Drug, and
DWI Sobriety court programs that are fully operational and are based on Defining Drug Courts:
The Ten Key Components or The Ten Guiding Principles of DWI Courts. Programs must target
prison-bound felony offenders as identified by straddle or presumptive cell placements according
to the Michigan Sentencing Guidelines. The funding supports Adult Drug, Hybrid DWI/Drug,
and DWI Sobriety courts to promote public safety and contribute to a reduction in substance
abuse and recidivism among nonviolent prison-bound adult substance abusing offenders, reduce
reliance on incarceration within existing correctional systems and local jails, and establish
monitoring and evaluation measures that will demonstrate program effectiveness.
Your court’s fiscal year 2025 contract will be e-mailed from DocuSign to your project
director, Christina Bujak. Please review the contract carefully and sign it by December 13, 2024.
The budget, based on your court’s actual award, must be updated in WebGrants by
September 16, 2023
Page 2
November 1, 2024. Instructions for revising your budget are attached to the message your
project director will receive from WebGrants.
Each year we receive grant requests that greatly exceed the total amount spent in the
preceding fiscal year and available funding for awards to courts. Your total grant award is based
on what we believe it will cost to operate your program as you did last year plus any planned
expansion, enhanced services, and/or cost increases.
Additionally, SCAO will continue considering requests for grant reallocations throughout
the fiscal year. A reallocation is a mid-year decrease or increase of your grant award. For
example, a program that needs additional grant funding may request a reallocation to increase the
program’s grant award. On the other hand, a court may not spend their entire award, and funds
may be reallocated to courts needing additional funding. Reallocation requests are submitted in
WebGrants, and SCAO staff review and make reallocation determinations after second-quarter
claims are submitted and after third-quarter claims are submitted. A reallocation that decreases
or increases a program’s grant award is based on actual prior spending and projected spending
for the remainder of the fiscal year.
The Michigan Supreme Court and SCAO are confident that your project will have
significant impact, and we look forward to seeing continued positive outcomes. We commend
your dedication and commitment to these lifesaving programs and thank you for making a
positive difference in so many lives.
Should you have questions about the grant or need assistance regarding best practices,
please contact Andrew Smith at 517-373-0954 or at smitha@courts.mi.gov. For assistance in
publicizing the success of your court, please contact John Nevin at 517-373-0129 or
nevinj@courts.mi.gov.
Sincerely,
Thomas P. Boyd
State Court Administrator
cc: Honorable Phyllis C. McMillen
Honorable Yasmine I. Poles
Honorable Kameshia D. Gant
Andrew Smith, Problem-Solving Courts Manager
James McGrail, SCAO Region VI Administrator
Richard Lynch, Court Administrator
Christina Bujak, Project Director
37625 - FY25 6th Circuit Court- Hybrid37625 - FY25 6th Circuit Court- Hybrid
Grant DetailsGrant Details
Funding Opportunity:
37386-Fiscal Year 2025 Federal: Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) - Assistance Listing Number 16.738
Funding Opportunity Due Date: Nov 10, 2024 11:59 PM
Program Area: Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) Assistance Listing Number 16.738
Status: Underway
Unique Identifier:
Project Start Date:
Project End:
Contact Information
Primary Contact Information
Name:Ms.
SalutationSalutation
Christina
First NameFirst Name
A
Middle NameMiddle Name
Bujak
Last NameLast Name
Title:
Email*:
Address*:
Manager Court Business
Operations
1200 N. Telegraph Rd
Pontiac
CityCity
Michigan
State/ProvinceState/Province
48341-0404
Postal Code/ZipPostal Code/Zip
Phone*:( PPhhoonnee ######--
######--########
Ext.Ext.
Fax:###-###-#######-###-####
To access the WebGrants Access form click To access the WebGrants Access form click here.here.
WebGrants Authorization Approval Form:WebGrantsAccessFormExternalBujaksigned.pdf
Organization Information
Name*:6th Circuit Court - Oakland County (C06)
Organization Type*:State Court Administrative Office
Tax Id:38-6004876
Organization Website:
Address*:6th Circuit Court, Courthouse Tower
1200 N. Telegraph Rd.
1 of 6
Pontiac
CityCity
Michigan
State/ProvinceState/Province
48341
Postal Code/ZipPostal Code/Zip
Phone*:(248) 858-0950
###-###-#######-###-####
Ext.Ext.
Fax:(248) 858-1999
###-###-#######-###-####
Claims
Status Reports
Civil Rights Training Certification
Federal Document (if your program has a FY24 certification site visit)
Federal Budget (Pending Version - Submitted)
PersonnelPersonnel
PersonnelPersonnel
Describe the personnel costs (i.e., wages) associated with the proposed project.Describe the personnel costs (i.e., wages) associated with the proposed project.
Fringe BenefitsFringe Benefits
Fringe BenefitsFringe Benefits
Describe in detail each fringe benefit amount. Describe in detail each fringe benefit amount. If you are requesting funds in the ?Other? category, include a detailed description of those expenses.If you are requesting funds in the ?Other? category, include a detailed description of those expenses.
ContractualContractual
DescriptionDescription File NameFile Name TypeType SizeSize Upload DateUpload Date
No files attached.No files attached.
DescriptionDescription File NameFile Name TypeType SizeSize Upload DateUpload Date
No files attached.No files attached.
NameName PositionPosition ComputationComputation RequestRequest Other Grant Or Funding SourceOther Grant Or Funding Source Local Cash ContributionLocal Cash Contribution Local In-Kind ContributionLocal In-Kind Contribution TotalTotal
No Data for TableNo Data for Table
Types of Fringe Benefits to be ClaimedTypes of Fringe Benefits to be Claimed RequestRequest Other Grant Or Funding SourceOther Grant Or Funding Source Local Cash ContributionsLocal Cash Contributions In-Kind ContributionsIn-Kind Contributions TotalTotal
No Data for TableNo Data for Table
Service to beService to be
ProvidedProvided Contractor(s)Contractor(s)ComputationComputation RequestRequest
Other Grant orOther Grant or
FundingFunding
SourcesSources
Local CashLocal Cash
ContributionContribution
Local In-KindLocal In-Kind
ContributionContribution TotalTotal Subrecipient/ContractorSubrecipient/Contractor
2 of 6
ContractualContractual
Describe the contractual costs associated with the proposed project.Describe the contractual costs associated with the proposed project.
CONTRACTUAL EXPENSES:CONTRACTUAL EXPENSES:
Substance Abuse ScreeningSubstance Abuse Screening
These requested funds will be used to pay for drug and alcohol testing to help monitor client recovery efforts. Oakland CountyThese requested funds will be used to pay for drug and alcohol testing to help monitor client recovery efforts. Oakland County
contracts with both AverHealth and RESULTS (Oakland County Sheriff’s Department) for these services.(Total Request of $10,000.00)contracts with both AverHealth and RESULTS (Oakland County Sheriff’s Department) for these services.(Total Request of $10,000.00)
Urine screens with BAC up to $15.00;Urine screens with BAC up to $15.00;
Urine screens with EtG up to $30.00;Urine screens with EtG up to $30.00;
Oral testing up to $20.00;Oral testing up to $20.00;
Breathalyzer Testing up to $4;Breathalyzer Testing up to $4;
EtG up to $20.00;EtG up to $20.00;
Specialty add-on up to $5.00;Specialty add-on up to $5.00;
Confirmation screening up to $24.00 per substance confirmedConfirmation screening up to $24.00 per substance confirmed
OCHN Liaison and Peer Recovery CoachOCHN Liaison and Peer Recovery Coach
These requested funds will be used to support the positions of a full-time OCHN Liaison and a part-time Peer Recovery Coach, bothThese requested funds will be used to support the positions of a full-time OCHN Liaison and a part-time Peer Recovery Coach, both
of which fall under allowable expenses within consultant / contractor fees. The OCHN Liaison and Peer Recovery Coach are bothof which fall under allowable expenses within consultant / contractor fees. The OCHN Liaison and Peer Recovery Coach are both
contracted through Oakland Community Health Network through the establishment of an Inter-Local Governmental Agreement. Thecontracted through Oakland Community Health Network through the establishment of an Inter-Local Governmental Agreement. The
OCHN Liaison is tasked with assisting the program by aiding with training, participant eligibility screenings, substance abuse andOCHN Liaison is tasked with assisting the program by aiding with training, participant eligibility screenings, substance abuse and
mental health assessments, treatment coordination of client services, community referrals, consultations, and crisis intervention.mental health assessments, treatment coordination of client services, community referrals, consultations, and crisis intervention.
- The OCHN Liaison is paid at a rate of approximately $34.00/hour with an upper cost of this position of $57,000.00 per fiscal year. The- The OCHN Liaison is paid at a rate of approximately $34.00/hour with an upper cost of this position of $57,000.00 per fiscal year. The
Peer Recovery Coach position is assigned to help participants find appropriate sober supports and crisis prevention services.Peer Recovery Coach position is assigned to help participants find appropriate sober supports and crisis prevention services.
- The Peer Recovery Coach is paid at a current rate of $31.00/hour with an upper cost of this position of $21,000.00 per fiscal year..- The Peer Recovery Coach is paid at a current rate of $31.00/hour with an upper cost of this position of $21,000.00 per fiscal year..
(Total Request of $41,000.00)(Total Request of $41,000.00)
Treatment Services
These requested funds will be used to assist with treatment supports such as individual and group therapy, psychiatric evaluations, Relapse “Tune
Up” Weekends, and medication assisted treatment (MAT) services. Providers for these services may include Easter Seals, Oakland Family
Services, or Community Programs, Inc., each of whom have local offices in the Oakland County area. Treatment services handled through “private
pay” are done so on a sliding fee scale; however, estimates for services are noted as shared by the agencies.
- Intake fee up $300.00;
- Individual therapy up to $250.00 per session;
- Group therapy up to $125.00 per session;
- Psychiatric evaluation up to $300.00;
- MAT services up $300.00 per session;
- Intensive Outpatient Treatment up to $200.00 per day;
- Relapse “Tune Up” Weekends up to $425 per day
- Partial Hospitalization up to $300.00 per day;
- Residential services up to $400.00 per day;
- Withdrawal management up to $500.00 per day
SuppliesSupplies
OCHN Liaison andOCHN Liaison and
Peer RecoveryPeer Recovery
CoachCoach
Oakland Community HealthOakland Community Health
Network (OCHN)Network (OCHN)
$31-$38 per hour$31-$38 per hour $41,000.00$41,000.00 $37,000.00$37,000.00 $0.00$0.00 $0.00$0.00 $78,000.00$78,000.00 ContractorContractor
Substance AbuseSubstance Abuse
ScreeningScreening
AverHealth/AverTest; RESULTSAverHealth/AverTest; RESULTS $4-$24 per service$4-$24 per service $0.00$0.00 $22,600.00$22,600.00 $0.00$0.00 $0.00$0.00 $22,600.00$22,600.00 SubrecipientSubrecipient
TreatmentTreatment
ServicesServices
Easter Seals; Oakland FamilyEaster Seals; Oakland Family
Services; Community Programs,Services; Community Programs,
IncInc
$125 - $500 per$125 - $500 per
session/day persession/day per
serviceservice
$0.00$0.00 $5,000.00$5,000.00 $0.00$0.00 $0.00$0.00 $5,000.00$5,000.00 ContractorContractor
$41,000.00 $64,600.00 $0.00 $0.00
3 of 6
SuppliesSupplies
Describe the supply costs associated with the proposed project.Describe the supply costs associated with the proposed project.
Travel and TrainingTravel and Training
Travel and TrainingTravel and Training
Describe the travel and training costs associated with the proposed project.Describe the travel and training costs associated with the proposed project.
Indirect CostIndirect Cost
Please upload the documentation that supports your negotiated rate (state and local government rate agreement or general ledger that includes all operating costs for thePlease upload the documentation that supports your negotiated rate (state and local government rate agreement or general ledger that includes all operating costs for the
de minimis rate or to request a negotiated a rate).de minimis rate or to request a negotiated a rate).
Supporting Documentation:
Please upload the certification of indirect cost if you are using the de minimis rate or if you are requesting a negotiated rate from SCAO. (Certificate of Indirect CostPlease upload the certification of indirect cost if you are using the de minimis rate or if you are requesting a negotiated rate from SCAO. (Certificate of Indirect Cost
template can be found above).template can be found above).
Certificate of Indirect (F&A) Costs:
Describe the process for determining your indirect cost including calculations. Describe the process for determining your indirect cost including calculations. Describe all costs that are included in the base for determining the rate.Describe all costs that are included in the base for determining the rate.
Indirect CostIndirect Cost
Total BudgetTotal Budget
Subcontractor Forms
Contract Amendments
Allowable Lists
AttachmentsAttachments
Type of SupplyType of Supply ComputationComputation RequestRequest Other Grant or Funding SourcesOther Grant or Funding Sources Local Cash ContributionLocal Cash Contribution Local In-Kind ContributionLocal In-Kind Contribution TotalTotal
No Data for TableNo Data for Table
Type of Travel or TrainingType of Travel or Training ComputationComputation RequestRequest Other Grant or Funding SourcesOther Grant or Funding Sources Local Cash ContributionLocal Cash Contribution Local In-Kind ContributionLocal In-Kind Contribution TotalTotal
No Data for TableNo Data for Table
Type of Indirect CostType of Indirect Cost PercentagePercentage RequestRequest Awarded AmountAwarded Amount
No Data for TableNo Data for Table
Budget CategoryBudget Category RequestRequest Other Grant or Funding SourcesOther Grant or Funding Sources Local Cash ContributionsLocal Cash Contributions In-Kind ContributionsIn-Kind Contributions Total CostTotal Cost
TotalTotal $41,000.00$41,000.00 $64,600.00$64,600.00 $0.00$0.00 $0.00$0.00 $105,600.00$105,600.00
DescriptionDescription File NameFile Name TypeType SizeSize Upload DateUpload Date
No files attached.No files attached.
4 of 6
To access the Byrne
JAG Allowable List,
please click here.
:
To access the OHSP
Allowable List, please
click here.
:
To access the MVTCGP
Allowable List, please
click here.
:
To access the MMHCGP
Allowable List, please
click here.
:
To access the SSSPP
Allowable List, please
click here.
:
Grant Contact Information
Primary ContactsPrimary Contacts
Program Type
Program Type*:Hybrid DWI/Drug Court
Claims
Name*:
Email*:
Christina Bujak
@oakgov.com
Budget
Name*:
Email*:
Christina Bujak
@oakgov.com
Contract Amendments
Name*:
Email*:
Remele Penick
@oakgov.com
Applications
Name*:
Email*:
Christina Bujak
@oakgov.com
Certification
5 of 6
Name*:
Email*:
Michelle Crenshaw
@oakgov.com
DCCMIS Administration
Name*:
Email*:
Michelle Crenshaw
@oakgov.com
Training Registration
Name*:
Email*:
Michelle Crenshaw
@oakgov.com
Court Administrator
Name*:
Email*:
Richard Lynch
@oakgov.com
Chief Judge
Name*:
Email*:
Hon. Jeffery S.
Matis
@oakgov.comProgram Judge
Name*:Hon. Kameshia D. Gant
Email*:gantk@oakgov.com
Other Program Judge ( if applicable)
Name:
Email:
@oakgov.com
Other Program Judge ( if applicable)
Name:Hon. Yasmine I Poles
Email:
Other Program Judge ( if applicable)
Name:
Email:
Other Program Judge ( if applicable)
Name:
Email:
6 of 6
1
Certifications and Assurances:
These Certifications and Assurances are applicable to the Applicant and all subcontractors of the
Applicant. It is the Applicant’s responsibility to ensure that subcontractors are adhering to the
Certifications and Assurances. Failure to do so may result in termination of grant funding or other
remedies.
A. Certifications:
Applicants should refer to the regulations cited below to determine the certification to which they are
required to attest. Acceptance of this Agreement provides for compliance with certification
requirements under 28 C.F.R. Part 69, "New Restrictions on Lobbying," 28 C.F.R. Part 67,
"Government-wide Debarment and Suspension (Non-procurement),” and 28 C.F.R. Part 83,
“Government-wide Requirements for Drug-Free Workplace (Grants)."
B. Lobbying:
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 C.F.R. Part 69, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 28 C.F.R. P art
69, the Applicant certifies that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the making of any federal grant, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal grant or cooperative agreement;
2. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal grant or cooperative agreement, the Applicant shall complete and
submit federal Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions; and,
3. The Applicant shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose
accordingly.
C. Debarment, Suspension and Other Responsibility Matters (Direct Recipient):
Pursuant to Executive Order 12549, Debarment and Suspension, and implemented at 2 C.F.R. Part
2867, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 2867,
Section 2867.20(a):
1. The Applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of federal benefits by a state or federal court, or voluntarily
excluded from covered transactions by any federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Have not within a two-year period preceding this application been convicted of a felony
criminal violation under any Federal law, unless such felony criminal conviction has been
disclosed in writing to the Office of Justice Programs (OJP) at
ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has
2
received a specific written determ ination from OJP that neither suspension nor
debarment of the applicant is necessary to protect the interests of the Michigan State
Police (MSP) and U.S. Government in this case.
d. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and,
e. Have not within a three-year period preceding this application had one or more public
transactions (federal, state or local) terminated for cause or default.
D. Federal Taxes:
If the applicant is a corporation, the applicant certifies that either (1) the corporation has no unpaid
federal tax liability that has been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability, or (2) the corporation has provided
written notice of such an unpaid tax liability (or liabilities) to OJP at
ojpcompliancereporting@usdoj.gov, and after such disclosure, the applicant has received a specific
written determination from OJP that neither suspension nor debarment of the applicant is necessary
to protect the interests of the MSP and U.S. Government in this case.
E. Drug-Free Workplace:
1. As required by the Drug-Free Workplace Act of 1988, and implemented at 28 C.F.R. Part 83,
Subpart F, as defined at 28 C.F.R. Sections 83.620 and 83.650 the Applicant certifies that it
will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the Applicant’s
workplace and specifying the actions that will be taken against employees for violation
of such prohibition;
b. Establishing an on-going drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The Applicant's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation and employee assistance
programs; and,
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a) of this section.
d. Notifying the employee in the statement required by paragraph (a) of this section that,
as a condition of employment under the grant, the employee will:
i. Abide by the terms of the statement; and,
ii. Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after
such conviction.
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d) (ii) of this section from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide notice,
including position title, to: Department of Justice, Office of Justice Programs, Attn:
Control Desk, 810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the
identification number(s) of each affected grant.
3
f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(ii) of this section, with respect to any employee who is so convicted:
i. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or,
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local
health, law enforcement or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of subparagraphs (a), (b), (c), (d), (e), and (f) above.
F. Standard Assurances:
The Applicant hereby assures and certifies compliance with all applicable federal statutes,
regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-
110, A-122, A-133; Executive Order 12372 (intergovernmental review of federal programs); and, 28
C.F.R. Parts 66 or 70 (administrative requirements for grants and cooperative agreements). The
Applicant also specifically assures and certifies that:
1. It has the legal authority to apply for federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay any required non-federal share of project
cost) to ensure proper planning, management and completion of the project described in this
application.
2. It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain.
3. It will give the awarding agency or the Government Accountability Office, through any
authorized representative, access to and the right to examine all paper or electronic records
related to the financial assistance. It will comply with all lawful requirements imposed by the
awarding agency, specifically including any applicable regulations, such as 28 C.F.R. Parts
18, 22, 23, 30, 35, 38, 42, 61 and 63, and the award term in 2 C.F.R. § 175.15(b).
4. It will assist the awarding agency, if necessary, in assuring compliance with section 106 of
the National Historic Preservation Act of 1966, 16 U.S.C. § 470, Executive Order 11593
(identification and protection of historic properties), the Archeological and Historical
Preservation Act of 1974, 16 U.S.C. § 469 a-1 et seq., and the National Environmental Policy
Act of 1969, 42 U.S.C. § 4321.
5. It will comply with Executive Order 13279, Executive Order 13559, and US Department of
Justice (DOJ) regulations on the Equal Treatment for Faith-Based Organizations, 28 C.F.R.
Part 38, which prohibits recipients from using DOJ financial assistance on inherently or
explicitly religious activities and from discriminating in the delivery of services on the basis of
religion. Programs and activities must be carefully structured to ensure that DOJ financial
assistance is not being used for literature, classes, meetings, counseling sessions, or other
activities that support twelve-step programs, which are considered to be religious in nature.
The twelve-step programs must take place at a separate time or location from the activities
supported with DOJ financial assistance and the participation of beneficiaries in twelve -step
programs is strictly voluntary. It must make clear to any and all vendors and program
participants that twelve-step programming is separate and distinct from DOJ-funded
activities. It must also ensure that participants are not compelled to participate in twelve-step
programs and cannot penalize a participant who chooses not to participate in a twelve-step
program. It must ensure that employees fully funded by DOJ are not involved with twelve-
step programs whereby they are instructing or indoctrinating clients on the twelve steps.
Employees of the Applicant or subcontractor shall clearly document the number of hours
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spent on secular activities associated with the DOJ-funded program and ensure that time
spent on twelve-step programs is completely separate from time spent on permissible secular
activities. In addition, at least one secular program must be provided as an alternative to
twelve-step programming.
6. It will provide meaningful access to grant-funded programs and activities to Limited English
Proficient (LEP) persons in accordance with Title VI of the Civil Rights Act of 1964 and the
Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C § 3789d. For a detailed
discussion of the requirement to provide meaningful access to LEP persons, refer to the
guidance issued by the DOJ on this matter entitled, “Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting
Limited English Proficient Persons,” 67 FR 4155-01 (June 18, 2002).
7. It will comply and require any and all subcontractors to comply with any applicable statutorily-
imposed nondiscrimination requirements, including the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U.S.C. § 3789d; the Victims of Crime Act of 1984, 42 U.S.C. §
10604(e); the Juvenile Justice and Delinquency Prevention Act of 2002, 42 U.S.C. §
5672(b);the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.; the DOJ implementing
regulations at 28 C.F.R. Part 42, Subpart C; the DOJ implementing regulations at 28 C.F.R.
Part 42, Subpart D; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); the DOJ
implementing regulations at 28 C.F.R. Part 42, Subpart G; Title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. § 12132); the DOJ implementing regulations at 28 C.F.R.
Part 35; the Rehabilitation Act of 1973, 29 U.S.C. § 794; the Americans with Disabilities Act of
1990, 42 U.S.C. § 12131-34; Title IX of the Education Amendments of 1972, 20 U.S.C.
§§1681, 1683, 1685-86; and, the Age Discrimination Act of 1975, 42 U.S.C. §§ 6101-07; The
DOJ regulations on the Equal Treatment for Faith-Based Organizations, 28 C.F.R. Part 38;
The Michigan Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq.; and the Michigan Persons
With Disabilities Civil Rights Act, MCL 37.1101 et seq.
Training:
Any and all DOJ-funded employees of the Applicant and subcontractors shall receive periodic
training at least once every contract year regarding the responsibility of the entities to comply
with applicable federal civil rights laws as a recipient of federal funds. The MSP shall provide
the Applicant with access to training developed by the OJP and the US Office of Civil Rights
(OCR), which may be found at: https://www.ojp.gov/about/ocr/ocr-training-videos/video-ocr-
training.htm and is also located in the MAGIC+ system. The DOJ-funded employees of the
Applicant shall complete the required training within 90 days of the start date of this
Agreement and certify that the required training has been completed by signing the OCR
Compliance Training Form, which will be provided after award acceptance. New employees
shall complete the required training and provide a signed OCR Compliance Training Form to
the MSP within 90 days of the date of hire.
8. It shall determine if an Equal Employment Opportunity Plan (EEOP) is required, pursuant to
28 C.F.R. 42.301 et seq. If the Applicant is not required to formulate an EEOP, a certification
form shall be sent to the OJP/OCR, and the Office of Personnel Management (OPM)
indicating that an EEOP is not required. If the Applicant is required to develop an EEOP, but
is not required to submit the EEOP to the OCR, a certification form shall be sent to the OCR
and the MSP certifying that an EEOP is on file which meets the applicable requirements. If
the Applicant is awarded a grant of $500,000 or more, and has 50 or more employees, a
copy of the EEOP shall be submitted to the OJP/OCR and OPM. Non-profit organizations,
Indian Tribes, and medical and educational institutions are exempt from the EEOP
requirement, but are required to submit a certification form to the OCR to claim the exemption
(a copy of the form shall be submitted to the OPM). Additional information about the EEOP
requirements may be found at https://www.ojp.gov/about/ocr/eeop.htm.
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9. If the Applicant is a governmental entity:
a. It will comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisitions Policies Act of 1970, 42 U.S.C. § 4601 et seq., which governs the
treatment of persons displaced as a result of federal and federally-assisted programs;
and,
b. It will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-26, which limit
certain political activities of state or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal
assistance.
10. It shall comply with the requirements of Title 8, United States Code, Section 1373 (Section
1373), which addresses the exchange of information regarding citizenship and immigration
status among federal, state, and local government entities and officials. Subsection (a)
prevents federal, state and local government entities and officials from “prohibit[ing] or in any
way restrict[ing]” government officials or entities from sending to, or receiving from, federal
immigration officers information concerning an individual’s citizenship or immigration status.
Subsection (b) provides that no person or agency may “prohibit, or in any way restrict,” a
federal, state, or local government entity from (1) sending to, or requesting or receiving from,
federal immigration officers information regarding an individual’s immigration status, (2)
maintaining such information, or (3) exchanging such information with any other federal,
state, or local government entity. Section 1373 does not impose on states and localities the
affirmative obligation to collect information from private individuals regarding their immigration
status, nor does it require that states and localities take specific actions upon obtaining such
information. Rather, the statute prohibits government entities and officials from taking action
to prohibit or in any way restrict the maintenance or intergovernmental exchange of such
information, including through written or unwritten policies or practices. Your personnel must
be informed that notwithstanding any state or local policies to the contrary, federal law does
not allow any government entity or official to prohibit the sending or receiving of information
about an individual’s citizenship or immigration status with any federal, state or local
government entity and officials.
G. Non-Supplanting:
It is imperative that the Applicant understand that the nonsupplanting requirement mandates that
grant funds may be used only to supplement (increase) an Applicant’s budget, and may not
supplant (replace) state, local or tribal funds that an Applicant, inclusive of any subcontractors,
otherwise would have spent on positions and/or any other items approved in the Grant Budget if it
had not received a grant award.
This means that if your agency plans to:
1. Hire new positions (including filling existing vacancies that are no longer funded in your
agency’s budget), it must hire these additional positions on or after the official grant award
start date, above its current budgeted (funded) level of positions.
2. Rehire personnel who have already been laid off (at the time of application) as a result of
state, local, or tribal budget cuts, it must rehire the personnel on or after the official grant
award start date, and maintain documentation showing the date(s) that the positions were
laid off and rehired.
3. Maintain personnel who are (at the time of application) currently scheduled to be laid off on a
future date as a result of state, local or tribal budget cuts, it must continue to fund the
personnel with its own funds from the grant award start date until the date of the scheduled
lay-off (e.g., if the grant award start date is July 1 and the lay-off is scheduled for October 1,
then the grant funds may not be used to fund the officers until October 1, the date of the
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scheduled layoff), and maintain documentation showing the date(s) and reason(s) for the lay -
off. [Please note that as long as your agency can document the date that the lay-off(s) would
occur if the grant funds were not available, it may transfer the personnel to the grant funding
on or immediately after the date of the lay-off without formally completing the administrative
steps associated with a lay-off for each individual personnel.]
4. Documentation that may be used to prove that scheduled lay -offs are occurring for local
economic reasons that are unrelated to the availability of grant funds may include (but are not
limited to) council or departmental meeting minutes, memoranda, notices, or orders
discussing the lay-offs; notices provided to the individual personnel regarding the date(s) of
the layoffs; and/or budget documents ordering departmental and/or jurisdiction-wide budget
cuts. These records must be maintained with your agency’s grant records.
H. Hatch Political Activity Act and Intergovernmental Personnel Act:
The Applicant will comply with the Hatch Act of 1939, 5 U.S.C. 1501-08, and the Intergovernmental
Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act of 1978, 42 U.S.C.
4728. Federal funds cannot be used for partisan political purposes of any kind by any person or
organization involved in the administration of federally-assisted programs.
I. Health Insurance Portability and Accountability Act of 1996:
To the extent that the Health Insurance Portability and Accountability Act (HIPAA) of 1996 is
pertinent to the services that the Applicant provides to the MSP under this Agreement, the Applicant
assures that it is in compliance with the HIPAA requirements including the following:
1. Applicant must not share any protected health data and information provided by the MSP that
falls within the HIPAA requirements except to a subcontractor, as appropriate under this
Agreement.
2. Applicant must require the subcontractor not to share any protected health data and
information from the MSP that falls under the HIPAA requirements in the terms and
conditions of the subcontract.
3. Applicant must only use the protected health data and information for the purposes of this
Agreement.
4. Applicant 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 Applicant’s employees.
5. Applicant must have a policy and procedure to report to the MSP unauthorized use or
disclosure of protected health data and information that falls under the HIPAA requirements
of which the Applicant becomes aware.
6. In accordance with the HIPAA requirements, the Applicant is liable for any claim, loss or
damage relating to unauthorized use or disclosure of protected health data and information
received by the Applicant from the MSP or any other source.
J. Uniform Crime Reporting (UCR) Compliance:
Applicants, and all subcontractors, must comply with Michigan Public Act 319 of 1968, as amended.
This law requires county sheriff’s departments, as well as city, village, and township police
departments to submit monthly UCR data to the Michigan Department of State Police.
K. Local Byrne JAG Application Requirement
Applicants, and any subcontractors, which appear on the current federal FY JAG Allocations List
are required to have submitted a Byrne JAG application to the Department of Justice in order to be
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eligible for this state Byrne JAG funding. Applicants which are eligible for direct Byrne JAG awards,
and which fail to apply, will not be eligible for funding under this program.
L. Unallowable Expenses and Activities:
• All travel including first class or out-of-state travel (unless pre-authorized under certain program
areas).
• Any administrative costs not directly related to the administration of this grant award.
• Any expenses incurred prior to the date of the contract.
• Compensation to federal employees for travel or consulting fees.
• Construction costs and/or renovation (including remodeling).
• Contributions and donations.
• Costs in applying for this grant (e.g., consultants, grant writers, etc.).
• Expert witness fees.
• Fines and penalties.
• Food, refreshments, and snacks.
o Note: No funding can be used to purchase food and/or beverages for any meeting, conference,
training, or other event. Exceptions to this restriction may be made only in cases where such
sustenance is not otherwise available (e.g., extremely remote areas), or where a special presentation
at a conference requires a plenary address where there is no other time for sustenance to be attained.
Such an exception would require prior approval from the Department and the U.S. Department of
Justice. This restriction does not apply to water provided at no cost, but does apply to any and all other
refreshments, regardless of the size or nature of the meeting. Additionally, this restriction does not
impact direct payment of per diem amounts to individuals in a travel status under your organization’s
travel policy.
• Fund raising and any salaries or expenses associated with it.
• Honorariums.
• Informant fees, rewards, or buy money.
• K9 dogs and horses (including any food and/or supplies relating to the upkeep of law
enforcement animals).
• Legal fees.
• Livescan devices for applicant prints, including any related supplies.
• Lobbying or advocacy for particular legislative or administrative reform.
• Losses from uncollectible bad debts.
• Management or administrative training, conferences (only pre-approved project related training).
• Management studies or research and development (costs related to evaluation are permitted).
• Memberships and agency dues, unless a specific requirement of the project (prior approval
required).
• Military type equipment such as armored vehicles, explosive devices, and other items typically
associated with the military arsenal.
• One-time events, prizes, entertainment (e.g., tours, excursions, amusement parks, sporting
events) (unless pre-authorized under certain program areas).
• Personnel, including law enforcement officers, not connected to the project for which you are
applying.
• Promotional items (unless pre-authorized under certain program areas).
• Purchase of land.
• Purchase of vehicles, vessels, or aircraft.
• Service contracts and training beyond the expiration of the grant award.
• Weapons, including tasers.