HomeMy WebLinkAboutResolutions - 2008.12.11 - 9431December 11, 2008
REPORT MR #08275
BY: Personnel Committee, Tom Middleton, Chairperson
RE: Sheriff, Prosecuting Attorney — Fiscal Year 2009 Oakland County Narcotics
Enforcement Team (NET) Grant Acceptance
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed the above referenced resolution on
December 3, 2008 Reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the
foregoing report.
PERSONNEL COMMITTEE
Personnel Committee Vote:
Motion carried unanimously on a roll call vote with Coleman & Hatchett absent
SERVICES COMMIT-1E
Public Services Committee Vote.
Motion carried unanimously on a roll Gall vote with Grejrri absent
December 11, 2008
MISCELLANEOUS RESOLUTION 1/08275
BY: Public Services Committee, Jeff Pi Ater, unairperson
IN RE: SHERIFF, PROSECUTING ATTORNEY — FISCAL YEAR 2009 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 $360,418 in funding. and the grant award is $307,366; and
WHEREAS the State share of funding is $153,683, the County grant match is $153,683, and the balance
of program funding of $327,688 will be derived from Sheriff and Prosecutor Drug Forfeiture Funds; and
WHEREAS grant funding is for the period cf October 1, 2008 through September 30. 2009; and
WHEREAS the grant award will partially fund one (1) SR Assistant Prosecutor IV position (#401020 -: -
7207) in the Prosecuting Attorney 's Office; and in the Sheriff's Office partially fund two (2) SR Sergeant
positions (#4030920-9829 and #4030920-9830); and
WHEREAS the FY 2008 grant funded four (4) positions in the Sheriff's Office (#4030920-7960,
#4030920-9829, #4030920-9830 and #4030920-9831), and a reduction in the FY 2009 grant award
agrees to fund two (2) positions one (1) Sergeant, and one (1) Deputy II). Subsequent to the
application and resulting award the Sheriff has reassessed the program and determined a need to
retain two (2) Sergeants and eliminate one (1) Deputy 11 and one (1) Office Assistant II positions.
The cost difference between the Deputy II and the Sergeant will be funded by the Drug Forfeiture
Fund. The Sheriff plans to submit a grant contract amendment to the State to reflect the changes.
WHEREAS with this award two (2) SR Assistant Prosecutor III positions (#4010201-6386, and #4010201-
7959) will be reimbursed by Prosecutor Drug Forfeiture Funds; and
WHEREAS with this award one (1) SR Deputy II (position #4030920-9831), and one (1) SR Office
Assistant II (position #4030920 -7960) in the Sheriff's Office will be deleted; and
WHEREAS this grant award has been processed through the County Executive 's Contract Review
Process and the Board of Commissioners' Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Oakland County NET Grant award, for the period October 1, 2008 through September 30, 2009, in the
amount of $307,366, which includes $153,683 of State allocation and $153,683 of GFGP County grant
match.
BE IT FURTHER RESOLVED that the grant award will partially fund one (1) SR Assistant Prosecutor IV
position (#4010201 -7207) in the Prosecuting Attorney's Office: and in the Sheriff's Office partially fund
two (2) SR Sergeant positions (#4030920-9829 and #4030920-9830).
BE IT FURTHER RESOLVED that Drug Forfeiture Funds of $70, ""`60 be transferred from the Sheriff's
Drug Forfeiture account to partially fund SR Positions (4030920-9829 and 4030920 -9830).
BE IT FURTHER RESOLVED that one (1) SR Deputy II (position #4030920-9831); and that one (1) SR
Office Assistant II (position #4030920-7960) in the Sheriffs Office be deleted.
BE IT FURTHER RESOLVED that Drug Forfeiture Funds of $257.528 be transferred from the
Prosecutor's Drug Forfeiture account to partially fund SR position #4010201 -7207 and fully reimburse SR
positions 4010201-6386, and 4010201-7959.
BE IT FURTHER RESOLVED that total NET Program cost of 5635,054 consists of $153.683 in State
grant award funding; and $153,683 in GE/GP grant matching funds, and $327,688 in Drug Forfeiture
Account funds.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Cornmissioners is authorized to
execute the grant award and to approve any giitextensiuii of changes, within fifteen percent (15%) of
the original award, which are consistent with the original application as approved.
BE IT FURTHER RESOLVED that continuation of this program, including positions, is contingent upon
continued grant and Drug Forfeiture Account funding.
Chairperson, on behalf of the Public Services Committee. I move the adoption of the foregoing resolution.
Page 1 of 4
Dale Cunningham
From: Piir, Gaia [plirg@oakgov.com }
Sent: Thursday. November 20, 2008 3:25 PM
To: Whitefield, Janet ; 'Cunningham, Daie'; 'Larkin, Mary', 'Malone, Prentiss'
Subject: Grant Sign Off: Sheriff, Prosecuting Attorney - FY 2009 Narcotics Enforcement Team (NET) - Grant
Acceptance
The complete sign off package is attached.
GRANT REVIEW SIGN OFF — Sheriff, Prosecuting Attorney
GRANT NAME: FY 2009 Narcotics Enforcement Team (NET)
FUNDING AGENCY: Michigan Department of Community Health - Office of Drug Control Policy
DEPARTMENT CONTACT PERSON: Janet Whitefleld 248 858-2866
STATUS: Grant Acceptance
DATE; November 20, 2008
Pursuant to Misc. Resolution 0J 320, please be advised the captioned grant materials have completed internal
grant review, Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners
Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off
email containing grant review comments) may be requested to be place on the appropriate Board of
Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget;
Approved. - Laurie Van Pelt (11/14/2008)
Department of Human Resources:
Approved. - Cathy Shall& (11/17/2008)
Risk Management and Safety:
Approved with Modification:
Item IX. Liability: •
A. All liability to third parties, loss, or damage as a result of claims, demands, cost, 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
loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the
Contractor, eity-stsiattatattategre ,e1 anyone directly tit-ititiiteeiti ..e 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.
- Andrea Plotkowski (11/19.'2008)
Corporation Counsel;
JENNIFER M. GHANHOLIVI
GOVERNOR
STATE OF IVIICELIGAN
DEPARTMENT OF COMMUNITY HEALTH
LAilsnaG
JANET OLSZEWSKI
otHEcrom
September 25, 20.08
Capt. Mark Newman
N.E.T. - County of Oaklair:
1200 N. Telegraph Rd.
Building 38 East
Pontiac, M1 48341
RE: Oakland County Narcotic Enforcement Team
ODCP #72181-5-09-B
Dear Capt. Newman:
On behalf of Governor Jennifer Gianholm and Lieutenant Governor John Cherry, I would like to extend
congratulations to you.
I am delighted to inform you that your Byrne Justice Assistance Grant 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 a 67% federal funding reduction., the Office of Drug Controt Policy was only able to
award those agencies with current projects that were within their 4-year funding cycle, and all
multurisdictional drug teams. The federal funds award for your project, pending the finalization of
the grant agreement, is $153,683.
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, piease contact Jim Rapp at (517) 241-2915 or
RappJamichinan.gov .
Sincerely,
-Donald L. Mien, Jr.
Director
Office of Drug Control Policy
rmi
cc:, Nancy Becker Bennett, Office of Drug Control Policy
LEWIS CASS BUILDING - 320 $OUTIA WALNUT STREET• LANSING, MICHIGAN 48913
www.michigan.gov • (517) 37:5-350C.
Pruned by menthe's of:
SEM
DCH-Uses FY20095108 {4N)4 P39e 1 of 15
Contract #: 20091653
Grant Agreement Between
Michigan Department of Community Heaith
hereinafter referred to as the "Department"
and
County of Oaklaaf
1200 N. Telegraph Rd.
Pontiac, MI 48341
Fedora: 1,154: 36 -6004876
nereirafter referred to as the "Contractor"
for
- County of OaL.and
Oakland County Narcctiv Inforcement Teat
Part I
1. Period of Agreement: This agreement shall commence on 1.0./1/20ea . and
continue through 9/30/2009 . This agreement is in full force and effect for the
periodpeated.
2. program Budget and Agreement Arnourkt
A. Agreement Amount
The total amount of this agreement is $ 337.366 . The
Department under the terms of this agreement will provide funding not to exceed
$ 15.3 }683 . The federal funding provided by the Department: is
$ 153.6E3 or app.-oximete:v 100 . 00%: the Catalog of Federal
Domestic Assistance (CFDA) number is 16 -73.2 and the
CFDA Title isEvrne Memorial Cuntice AssiEtanca Grant ; the
federal agency name is U. s nepartmor.t of aust...ce ; the
federal grant award number is 2006-Dj -..ga -0013 and the
award phase is 200 5 , The federal program title is
Byrne For-mula Grant • The grant agreement is
deeignated as a subrecipient relationship.
The grant agreement is designated as:
Not a Research and Development project.
B. Equipment Purchases and Title
'Ank -contraotor equipment purchases supported in whole or in part through this
agre.erricnt must be listed in the suppc1inD Equipment Inventory schedule:
Equipment means tangible, non-expendeole, personal property having usefui life
of more than one t,1) year and an auquistio71 cost of $5,000 or more per unit.
Title to items having a unit acquisition cost of less than $•,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 tinit acquisition
cost of $5,006 or more, to the extent trlat the Department's proportionate
interest in such equipment supports such retention or transfer of title.
C. Deviation Allowance
A deviation allowance modifying an esteolished budget category by $100J or
16%, whichever is greater, is permissicle without prior written approval of the
Department. Any modification or deviations in excess of this provision, including
any adjustment to the total amount cf th:s agreement, must be made in writing
and executed by all parties to this agreement before the modifications can be
implemented. This deviation allowance cces not authorize new categories,
subontracts, 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
4. Statement of Work: The Contractor agrees to undertake, perform arid complete the
services.beicribecl 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 3 which are part of this agreement through
reference.
6. Performance/Progress Report Requirements: The progress reporting methods, as
applicable, shall be followed as des cribed in Attachment 4, which is part of this
agreement through reference.
7. General Provisions: The Contractor agrees to comply with the General Previsions
outlined in Port tl, which is part of this agreement through reference.
Administration of the Agreement:
The person acting for the Department ."ri administering this agreement (hereinafter
referred to as the Coritract Manager) is:
Nancy Bennett
Name Location/Building
Title . Telephone No.
BeckerNr6r.ichiqBn.goy
Email Address
OCH-0665 FY200R 5f08 (w)gi Pav:_ 2 of 112.
i•••
9. Special Conditions:
A. This agreement is valid upon aporovai by the State Administrative Board as appropriate and
approval and execution by the Department.
B. This agreement is conddonally apv-ovee 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 pro - to the signing of this agreement.
D. The Contractor is reouired by PA 533 of 20C4 to receive payments by electronic funds transfer.
10. Special Certification:
The individual or officer electronically accepting th.s Agreement certifies by his or tier acceptance that
he or she is authorized to sign this agreement on ehalf of the responsible governing board, official or
Contractor.
Signature Section:
For the CONTRACTOR
Bill Bullard, Jr, I;flA ,-C9 Oha'r
Name (P/9450 prin.!)
. •
The Authorized Official's typed name, in lieu of a signature, represents the Contractor's legal
acceptance of the terms of this Grant Agreement including certificatiens and Assurances agreed to prior
to applic4tion suomission.
Title
DC1-1-M5 FY2009 E-106 Pap:: of 18
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 materiale or modifications bearing
acknowledgment . of the Department's name must bee.
approved by the Department prior to reproduction and use of
such materials.
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 5' and 3`11 party fees, where
applicable, and report these as outlined by the Department's fiscal
procedures. Any underrecoveries of otherwise avaiiatile 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 propose° for issuance thereafter.
E. Record Maintenance/Retention
CCH-0665 FY2009 S/O8 Papt.: 4 of 98
DCH-0665 FY2OT:? (V,/). Pacp 5 Cr18
Maintain adequate program and fiscal records and files, including
source documentation to support program activities and all
expenditures made under -It-re--WI el 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. Contreelors desiyi idled as vendors are exempt from
the provisions of this section.
1. Reouired Audit or Notification Letter
Contractors must submit to the Department either 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,C00 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
DCH-6665 Y2009 5/08 (ME Page5 o(15
grant funding must submit to the Department a
Financial Statement ALdit prepared in accordance
with generally accepted auditing standards (GAAS).
Contractors exempt from the Single Audit
requirements that receive less than $500,000 of total
Department grant funding must submit to the
Department a Financial Statement Audit prepared in
accordance with GMS if the audit includes
disclosures that may negatively impact MDCH-funded
programs including, but not limited to fraud, going
concern uncertainties, financial statement
misstatements, and violations of contract and grant
provisions.
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. The template Audit
Status Notification Letter and further instructions are
available at http lavww.michician =vim d ch by
selecting Inside Community Health — MDCH Audit.
2. Due Date 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:
Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933
Alternatives to paper filing may be viewed at
latta://www.michioan.00vi -ridch by selecting Inside
Community Health — WIDCH Audit.
3. Penalty
a. Delinquent Single Audit or Financial Statement Audit
if the Cuetrectui dues eot submit the required Single
Audit reporting package, management letter (if
issued) with a response, and Corrective Action Plan;
or the Financial Statement Audit and management
letter (if issued) with a response within nine months
after the end of the Contractor's fiscal year and an
extension has not been approved by the cognizant or
oversight agency for audit, the Department may
withhold from the current funding an amount equal to
five percent of the audit year's grant funding (not to
exceed $200,000) until the required filing is received
by the Department. The Department may retain the
amount withheld if the Contractor is more than 120
days delinquent in meeting the filing requirements and
an extensiOn has not been approved by the cognizant
or oversight agency for audit. The Department may
terminate the current grant if the Contractor is more
than 180 days delinquent in meeting the filing
requirements and an extension has not been
approved by the cognIzant or oversight agency for
audit.
b. Delineuent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter,
when required, may result in withholding from the
current funding an amount equal to one percent of the
audit year's grant funding until the Audit Status
Notification Letter is received.
4. Other Audits
The Department or federal agencies may also conduct or
. arrange for 'agreed upon procedures" or additional audits to
meet their needs.
H. SubrecipientNendor Monitoring
The Contractor must ensure that each of its subrecipients comply
with the Single Audit Act requirements. Trie 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 tliet pur fus IndrIC,e- goals are achieved.
The subrecipient monitoring plan should include a risk-based
ED-1,0665 FY2G09 51?.25 (W)7 Par..e 7 nf
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
subrecipicnts. .c
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 Licit lransactians 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 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 that prior to the initiation of the research, the
Contractor will submit institutional Review Board (IRB) application
material for all research involving human subjects, which is
conducted in programs sponsored b.y the Department or in
programs which receive funding from or through the State of
Michigan, to the Department's IRB for review and approval, or the
IRB application and approval materials for acceptance of the review
of another IRB. All such research must be approved by a federally
assured IRB, but the Department's IRB can only accept the review
and approval of another institution's IRS under a formally-approved
interdepartmental agreement. The manner of the review will be
agreed upon between the Department's IRB Chairperson and the
Contractor's iRB Chairperson or Executive Officer(s).
• Responsibilities - Department
The Department in accordance with the general purposes and objectives
of this agreement will:
DCH-0565 FYNO9 ,V03 CIV)b 1-'aue 8 of 18
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 arty new report forms and reporting formats
proposed for issuance thereafter at least ninety (90) days prior to
their reqL.fted 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, yldfilhzigretitieril principles, and audits in
carrying out the terms of this agreement.
• B. Anti-Lobbying Act
The Contractor will comply with the Anti-Lobbying Att., 31 US.0
1352 as revised by.the Lobbying Disclosure Act of 1995, 2 USC
1601 et sec, and Section 503 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
section of the FY 1997 Omnibus Consolidated 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 arid Llieeiose aUGUI di r ruly.
C. Non-Discrimination
1. In the performance of any contract or purchase order
resulting herefrom, the Contractor agrees not to discriminate
against any employee or applicant for employment or service
delivery and access, with respect to their hire, tenure, terms,
conditions or privileges of employment, programs and
services provided or any matter directly or indirectly related
to employment, because of race, color, religion, national
origin, ancestry, age, sex, height, weight, marital status,
physical or mental disability unrelated to the individual's
ability to perform the duties of the particular job or position or
DCH-066:i FY2009 5/08 (W)0
to receive services. The Contractor further agrees that every
subcontract entered irrtor-tr sm-purfurrrrarre of any contract
or purchase order resulting herefrom will contain a provision
requiring non-discrimination in employment, service delivery
and access, as herein specified binding upon each
subcontractor. This covenant is required pursuant to the
Eillot-Larsen Civil Rights Act, 1976 PA 453; as amended,
MCI_ 37.2201 et sec., and the Persons with Disabilities Civil
Rights Act, 1976 PA 220, as amended, MCL 37.1101 et
seq., and any breath 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
incerporate 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, 2 CFR part 180 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 preteding this
agreement been convicted of or had a civil judgment
rendered against them far 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,
anC;
DCH-HU5 FY20C9 5,106 (0/)1C Page 1Q 01 1F:
4. Have not within a three-year period preceding this
agreement had one or more public transactions (federal,
state or local) terminated for cause or default.
E. Federal Requirement: Pro.Children Act
1. Assurance is hereby given to the Department that the
Contractor will comply with Public Law 103-227, also. known
as the Pro-Children Act of 1994, 20 USC 6081 et seq, which
requires that smoking not be permitted in any portion of any
indoor facility owned or leased or contracted by and used
routinely or regularly for the provision of health, day care,
early childhood development services, education or library
services to children under the age of 18, if the services are
funded by federal Programs either directly or through state or
local governments, by federal grant, contract, loan or loan
guarantee. The law also applies to children's services that
are provided in indoor facilities that are constructed,
operated, or maintained with such federal funds. The law
,does not apply to children's services provided in private
resdences; 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
)Nhere Women, infants, and Children (WIC) coupons are
redeemed. Failure to comply with tne 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.
2. The Contractor also assures, in addition to compliance with
Public Law 103-227, any service or activity funded in whole
or in part through this agreement will be delivered in a
smoke-free facility or environment. Smoking shall not be
permitted anywhere in the facility, or those parts of the
facility under the control of the Contractor. If activities or
services are delivered in facilities or areas that are not under
the control of the Contractor (e.g., a mall, restaurant or
private work site), the activities or services shall be smoke-
free.
F. Hatch Political Activity Act and Interdovernmental Personnel
Act
The Contractor will comply with the Hatch Political Activity Act, 5
USC 1501 -1503, and the Intergovernmental Personnel Act of 1970,
as amended by Title VI of the Civil Service Reform Act, Public Law
DCH-DBe5 FY2009 5.1C8 csiV)1 I PagE,11 1;
95454, 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
c. Requires the subcontractor to perform duties and/or
services in less time than that afforded the Contractor
in tnis agreement.
3. That the subcontract does not affect the Contractors
accountability to the Department for the subcontracted
activity. •
4. That any billing or request for reimbursement for subcontract
costs is supported by a valia subcontract and adequate
source documentation on costs and services.
5. That the Contractor will submit a copy of the executed
subcontract if requested by the Department. •
H. Procurement
Assure that all purchase transactions, whether negotiated or
advertised, shall be conducted openly and competitively in
accordance with the principles and requirements of OMB Circular
A-102 as revised, implemented through applicable portions of the
DCH-066;5 FY200B 5108 (W)12 Pap., 12 of 18
DCH-0665 FY2003 5/08 rT/r'J Pagi, 13 o;1/'
associated "Common Rule" as promulgated by responsible federal
contractor(s), or 2 CFR, Part 215 (OMB Circular A-110) as
amended as applicable, and that records sufficient to document
the Sign ificant history of all purcnases are maintained for 3
minimum of three years after the end of the agreement period.
1. 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 0-PAN requirements
including the foliowing:
1. The Contractor must not share any protected health data
and information provided by the Department that falls within
HIPAA requirements except to a subcontracbr as
appropriate under this agreement.
2. The Contractor must require the subcontractor not to share
any protected health data and information from the
Depei tii 'tilt tl idl falls under HLPAA requirements in the terms
and ueeditions-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 fails 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 whien the Contractor becomes
aware.
6. Failure to comply with any of tnese contractual requirements
may result in the termination of this agreement in
accordance with Part IL, Section V. Agreement Termination.
7. in accordance with HIPAA requirements, the Contractor is
liable for any claim, loss or damage rvating to unauthorized
use or disclosure of protected healtn data and information
received by the Contractor from the Department Cr any other
source.
IV. Financial Requirements
A. Operating Advance
An operating advance may be requested by the Contractor to assist
with program operations. The request should be addressed to the
Contract Manager identified in Part I, Item 8, The operating
advance will be administered as follows:
1. The advance amount requested must be reasonable in
relationship to the program's requirements, billing cycle, etc.;
and in no case may the advance exceed the amount
required for 60 days operating expense. Operating
advances will be monitored and adjusted by the Department
according to total Dep-d1werIl igirrienl amount.
2. The advance must be recorded as an account payable to the
Department in the Contractor's financial records. The
operating advance payable must remain in the Contractor's
financial records until fully recovered by the Department.
3. The monthly Financial Status Report (FSR) reimbursement
for actual expenditures by the Department should be used
by the Contractor to replenish the operating advance used
for program operations.
4. The advance must be returned to the Department within 30
days of the end date of this agreement unless the Contractor
has a recurring agreement with the Department, and may
not be held pending agreement audit. Subsequent
Department agreements may be withheld pending recovery
of the outstanding advance from a prior agreement. If the
Contractor has a recurring agreement with the Department,
the Department requires an annual confirmation of the
outstandir ig opeietiny edvance,
The Department may obtain the Michigan Department of
Treasury's assistance iri collecting outstanding operating
advances. The Department will comOy with the 'Michigan
Department of Treasury's Due Process procedures prior to
forwarding claims to Treasury. Specific Due Process
procedures include the following:
a. Department offer of a hearing to dispute the debt,
identifying the time, place and date of such hearing.
b. A hearing by an impartial official_
c. An opportunity for the Contractor to examine
departments associated records_
OCH-0E65 FY2009 5108 fw)1,4 Pw19. 14 of 16
d. Ar, opportunity for the Contractor to present evidence
in person or in writing.
e. A hearing official with full authority to correct er-Ors
and make a decision not to forward debt to Treasury.
f. Contractor representation by an attorney and
presentation of witnesses if necessary.
5. At the end of either the agreement period or Department's
fiscal year whichever is first, tne Contractor must respond to
the Departments request for confirmation of the operating
advance. Failure to respond to the confirmation request may
result in the Department recovering all or part of an
outstanding operating advance.
B. 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.
C. Financial Status Report Submission
• Financial Status Reports (FSRs) shall be prepared and submitted
to:
Michigan Department of Community Health,
Bureau of Finance
Accounting Division, Expenditure Operations Section,
• P.O. Box 30720, Lansing. Mic.:Iiigan 48909
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. reoardiess of
the source of funds. Attachment 0 contains the FSR form, The
FSR form and instructions for completing the FSR form are
available through your Contract Manager or the Department's web
site:
• htte://www.michigan.govidocuments/DCH-0 :4-
Enandal Status Report 8214 7. df and
o 7-1-ttp://wwvv.michigan.govidocuments/DCH-0384-
F inndat Statu s Renort instructio ns df.
Failure to meet financial reporting responsibilities as identified in
this agreement may result in withholding future payment
DCH-006.5 raoo9 5108 (W)1f:, Pagt, 1S of 18
D. Reimbursement Mechanism
All contractors must sign up through the on-line vendor regittration
process to receive all State of Michigan payments as Electronic
Funds Transfers (EFT)/Direct Deposits, as mandated by PA 533 of
2004. Vendor registration information is available through the
Department of Management and Budget's web site:
http://www.coexpress.state mi.usl
E. Final Obligations and Financial Status Report Reguirements
1. Preliminary Close Out Report •
A Preliminary Close Out Report, based on annual guidelines,
must be submitted by the due date using the format provided
by the Department's Accounting Division. The Contractor
must provide an estimate of total expenditures for the entire
agreement period. The information on the report will be
. used to record the Department's year-end accounts
. payables and receivables for this agreement.
2: Final FSRs
Final FSRs are due sixty (60) days following the end of the
• fiscal year or agreement period. The final FSR must be
clearly marked "Final". Final FSRs not received by the due
date may result in the loss of funding requested on the
Preliminary Close Out Report and may result in the potential
reduction in the subsequent year's agreement amount,
F. Unoblidated 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 tne 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 brooch and fails to cure the default
within the thirty (30) day period.
DC,1-1-058 5 FY2009 5108 (VV)1E Page 18 cr`, 18
C This dgiuuri lei it n ley be terminated immediately if the Contractor or
an official of the Contractor Cr an owner is convicted of any activity
referenced in Section 111.11 of this agreement during the term of this
agreement or any extension thereof
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 finencial, puifUl lot t_; dud 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 net 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. • Severabilitv
If any provision of this agreement or any provision of any document
attached to or incorporated by reference is waived or held to be invalid,
such waiver or invalidity shall not affect other provisions of this agreement.
VIII. Amen dments
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
Contactor which would affect the Department funding of any project, in
whole or in part in Part I, Section 2.C. of the agreement; must be
. submitted in writing to the Department 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. AP 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 procedoral direction, to be carried out by the
Department in the performance of this agreement shall be the
responsibility ot the Department, and not the responsibility of the
DC:H-0665 FY2009 5108 (W)17 Poth.117 of 1F.i
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. En the event that liability to third parties, loss, or damage arises as a
result of activities conducted jointly by the Contractor and the
Department in fulfillment of their responsibilities under this
agreement, such liability, loss, or damage shall be borne by the
Contractor and the Department in relation to each party's
responsibilities under these joint activities, provided that nothing
herein shall be
construed as a waiver of any governmental immunity by the
Contractor, the State, its agencies (the Department) or their
employees, respectively, as provided by statute or court decisions.
X. Conflict of interest •
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,IVISA 4.1700 (71) et seq.
XI. 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 idenify particular
DCH-13665 FY2009 51C8 (W)15 Pam:: 1B c'15
ATTACHMENT 1
PURPOSE
72181-5-09-E
This is a continuation projoct for the Cakland County Narcotic Enforcement Team (N.E.T.).
a multijurisdictional task force serving Oakland County. The task force was created to
encourage ,nnpErro-inn hprween law c'nforcement and federal agencies wirhii,
Michigan in an effort to apprehend and convict those involved in the uSe, sale and
distri_bution of illegal drnqs and narcotics.
ATTACMENT 2
STATEMENT OF WORK
72181-5-09-B
The Oakland County Narcotic Enforcettat Team (NET) is a muetijurisdictional task force
which is designed to Integrate federal and local law enforcement ageacies for the purpose
of identifying, investigating, and prosecuting drug traffickers and to ditmantle 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 Eeforcemeet Team.
NET, currently under direction from the Oakland County Sheriff's Office, has officers
fro M the FBI, DE„A, and Maeomb County Sheriff's Office, and fourteen local police
departments. The NET Advisory Board meets on a reguier bases and helps set poli_cy and
direction to the NET task force. NET has also sent two deputies to two different tEA
task forces. These task forces have local officers working together with DA agents.
The cooperation from participating in this group is significant and has resulted in casea
and conspiracy cases growing at NET.
NET also has a special working relationsaip with the the SONIC team. SONIC is comprised
of officres from three western Oakland County police departments and an Oakland County
Sheriff deputy. NET and Sonic worked together on many cases located in this part of the
county. Thie strong cooperation facer county, local, and federal denartments and agencieS
is why NET is very effective in combaeing the drug problem in our area.
NET will continue with the type of ieveseigations and workload that have always been an
integral part to NET'e Success. For eaample, NT will have continued involvement with all
local police departments and be respensive to their direct needs. This will etable NET to
have stronger local ties and provide for better sharing of intelligence infornetion. NET
will continue with the operation cf street level crews for undercover drug buys and
investigations of street level dealers. NET now has a conspiracy team where
invettigatione Can be turned over for development of erects of conspiracy and RICO
eases. NET will continue with the operation of an interdiction team and will work closely
with the FEI in identifying 'interstate and international couriers. NET is tegeesting the
continuance of the tWO additicnal Oakland County Sheriff e Office officers. One of these
paCitioas is for a sergeant, the other position is a deputy on one of the street teame.
These positions are crucial to the centinued success of NET. The sergeant is needed
because this pestion is staffed with en. individual who has many years of narcotics and
investigative training. Thie coeteeuation of what NET does best, the growing evolution
of the NET team such as the addition of SONIC, and DEA should result in arrest and
prosecution of higher level dealers and investicatinne of individuals who bring drugs
into Oakland County from out-of-state location.
The Oakland County Sheriff's Office will
administrative positions. OCSO will also
veste, vehicles, and all other equepment
provide theer officer's salaries, fei:nge
provide the Unit Commander, officers, and
provide investigative buy funds, phones, pagers,
and supplies needed. The local departments will
benefits, and related overtime costs.
NET will further develop a true partnership between the Oakland County Sheriff's Office,
all local police departmcnee, and federal agencies such as FBI, rT.A, and ATE'. Tilt Oakland
County Sheriff's office will take the lead role in the NET Unit, but will follow the
direction of the NET Advidory Beard which consiete of all deparemente and agencies that
provide a full-time officer -to NET. NE I plans to utilize ell resources available, by
ATTACHMENT 2
STATEMENT OF WORK
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 qreat success. NET will continue to wori;.closely
with the Oakland County Prosecutor's office so that cases are developed and prosecuted to
the fullest extent of the law. NEI will also utilize more of the resources of the entire
Oakland. County Sheriff's Office and wok 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, DE, ATP, and EIDTA, will increase under the OCSO
leadership. It is NET's plan to utilize a-1 of the resoiress to the fullest.
At the present time the NET commLriment is as follows:
Oakland County Sheriff's Office
1 Lieutenant - Unit ComeDander
4 Sergeants -team leaders
6 Deputies - team members
1 auditor
1 secretary
1 .oroperty room technician
1 Office Assistant
The Oakland COunty Sheriff's Office als0 provide the NET building, utilitieS, office
equipment, supplies, phone, uagers, computers, cell phones, officer equipment,
undercover vehicles, 1 raid van, 'cuy money, investi5atve expenses, and informant fees_
Additional full-time team members supplied by
Beverly Hills Police Department
Bloomfield Township Police Department
Farmington Hills Police Department
Ferndale Police Department
Hazel Park Police Department
Lathrup Village Police Department
Madison Heights Police Department
Pontiac Police Department
Royal Oak Police Department
Southfield Police Department
Sterling leights Police Department
Troy Police Department
Waterford Town s hip Police Department
West Bloomfield Police Department
Macom County Sheriff's Office
FBI
ATTACHMENT 2
STATEMENT OF WORK
DEA.
NET i continuing to explore the possibility of other departments joining VET. 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 tc assist in the
investigation of repeat and large-scale drug offenders. The members df the Narcotics
Section of the Prosecutor's Office are on call 24 hours a Jay, 7 days a week, to assist
law enforcement agencies (including NET). This assistance includes search warrant
preparation and fielding ether legal issues that develop during the course of
inveatigationS. In addition to the most frequent issue of search and seizure, questions
regarding the right to cOunsel, benefits of cooperation to informants, arid sUfficient
probable cause to arrest, often need to he 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 affeet
inveStigation procedurte and evidence collection. Additionally, the Narcotics Section
leader instructs at the Oakland Police Academy, the United States Drug Enforcement
Agency's Basic Narcotics School, and the Michigan State Police Advanced Narcotics School.
Special prosecutors also will be utilized to handle cases that present complex legal
issues such as entrapMent, conspiracy law, and the prtvilege 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 Michigan 'Legislature hAs enacted a statute -allowing severe punishment for defendants
who deliver certain controlled substances, which cause the death of the user. Such cases
are often coMpIex and time consuming, requiring special knowledge of the chain of
distribution. However, the important message sent to defendants by willingness Of the
Oakland County Prosecutor's .Office to utilize the statute to hold such defendants
accountable for the life Of'another should onddling their pc:son cause a death is one
Worth sending.
The Narcotics Section prosecutors are also in the forefront of attempting to Criminalize
B.ZP (l-Benzylpiperazine), wh i ch is a derivative form of NEMA
(Methylenedioxymethamphotamine, commonly known as ecstasy). SZP is becoming more
prevalent. It has similar effects as MDMA, yet currently under Nicnigan law, it is not a
scheduled controlled substance. Through communication with state representatives and
other prosecutors' offices around the state, the goal is to make it a felony to possess,
deliver, or possess with intent to deliver this highly dangerous drug. Such efforts ere
just one example of the need for a specialized unit in narcotics enforcement.
The multijurisdictional task force will continue to integrate this specialized
prosecution unit with federal, state, and local law enforcement Agencies through NET and
the Oakland County Citizens Grand jury (when empanelled). Continuation of this special
prosecution section depends upon the Pyrne Grant sward and coun ty matched funds.
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
A.TTACEEMENT 2
STATEMENT OF WORK
extremely dangerous and has been connected cc several deaths releeed tc drug abUse.
Special attention to cases involving fentanyl sales and use is necessary and tine
intensive.
The riSe in the abuse and sale of controlled substances obtained by prescrimeioe from
licensed medical professionals creates the need for lengthy arid ceMplieated
investigations. In some instances, the medical profsseonals are inVolved in the illegal
distribution of the peesceiptions foe - controlled suhstaeees or the substances themselves,
Dismantling medical offices involved in this type of crisieality is of the utmost
importance. Medical. professionals are held to a high standard of care and should be
helping curb illegal substance abese, not adding tc it. The use and sales of oxycodone is
on the rise - attention to this trend is critical as this drug is highly addictive.
The assignment of one special assistant prosecuting attorney to the Oakland County
Citeeens 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 quaetitees 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 chait of distribution. Defendants faced with the eriv, reality of substantial
prison time are often willing to inform law enforcement of the identiey of tleir
sUppliers in order to reecive consideration for cooperation at sentencing.
Tn 20O7, an inveStigaticn, which let to a traffic stoc and seizure of 12 kilograms of
cOcaite initially yielded 2 defendants. Through additional investigation by members of
the Oakland County Prosecutor's Office Narcotics Section and other nonce agencies, a
case was built on S defendants across state lines. The ievestigation continues, and
possesses the potential to grow to an enternational level.
Meenamphetamine 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 thc manner in which they are being manufactured and
transported is essential.. Specialized knowledge of these ceerations is tantamount to
effective prosecution and deterrence of further infiltration uf labs into our county.
The prosecution aspect of this multijurisdictional drue cook force will continue to
augment the funding for _a special it of three assistene 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 treffiCsers. Special assistant ,
prosecutors will be assigned to vertically prosecute large- scale drug dealers.
The Narcotics Section leader reviews every file where a narcotics charge is issued. The
assessment of each offender allows the prosecution unit to target and track repeat
offenders and mid-level and upper-level traffickers. Further, this allows cases requiring
special attention such as complex censpiraciee, racketeering, and death cases to be
identified and vertically prosecuted. It aleo allows tile Section to pay special attention
to file groups, which may ceneain cross-over defeetantslieformante. The ability to
maintain control over files where defendants are also actese as informants is tantamount
to successful prosecution of the cases where the informant becomes the key witness.
ATTACHMENT 2
STATEMENT OF WORK
Raving experienced trial attorneys in the Narcotics Sec:ion is essential. Defendantt
involved in narcotics .trafficking have financial resources allowing them to iire .
experienced defense attorneys who are willing to fioht every aspect of the case, ne
success of the Narcotics Section of the Oakland County Prosecutor's Office is in yreat
part due to the experience and auality of attorneys assigned to the section. Maintaining
that quality and experience level requires continuing funding and salary increases for
personnel. Currently, the section leader has been with the Oakland County Proseeutur's
Office for nearly if years (specializing in narcotics for almost 13 years). The other
members have each been with the office for over 5 years.
AS law enforcement agenciet (such as NET) become more and more effective in infiltratinc
drug Organizations the number of cases requiring the specialized attention of the
Ve-rtical prosecution unit increases. Three assistant prosecutors are necessary to handle
the volume and complexity of incoming cases.
The Narcotics Section of the Oakland County Prosecutor's Office tries more cases than any
other vertical prosecution unit. This is due to the high 1..enalties faced by the
defendants. Recently, the Narcotics Section has expandeC the types of cases tried by the
inclusion of several drug-s. As.mentioncd previously, the violence aiming
dealers continues to grow. As turf wars emerge, it increases the power struggle, and
therefore, the killings among even the smallest quantity dealers.
ATTACHMENT 3
PROGRAM BUDGET SUMMARY
View ot 100% or Larger MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
Use WHOLE DOLLARS Only
PROGRAM DATE PREPARED Page Of
Oakland County Narcotic Enforcement Team 5/20/2C08 1 1 1
. CONTRACTOR NAME BUJ GET PERIOD
County of Oakland 10/1/2G08 - 9/30/2009
MAILING ADDRESS (Number and Street) BUDGET AGREEMENT AMENDMENT It
1200 N. Telegraph Rd. Rel, ORIGINAL. 7 AMENDMENT 0.
CITY STATE I ZIP CODE FEDERAL !D NUMBER
Pontiac MI I 4834i 38-6004876
EXPENDITURE CATEGORY 1 I I I TOTAL BUDGET
I (Use Whole DollarS1
1. SALARIES & WAGES $117,503 7,5'3 $239,008
2. FRINGE BENEFITS $36,1130 $89,220 $:-.25,410
3. TRAVEL I
4. SUPPLIES & MATERIALS ,
5. CONTRACTUAL {SubcontracwSubrecipients) I
6. EOUTMENT
7. OTHER EXPENSES
I ri .-2.
... film7 -1
1
1
1
8. TOTAL DIRECT EXPENDITURES ,
5153,683 $206, 735' $360,418 (sum cv Linesi-73 .
9. INDIRECT COSTS: 0% 1 $0 $0 I $0
,
10. TOTAL EXPENDITURES $1:73„ 681; $206, ...3-S•I $3G0.410 , I
SOURCE OF FUNDS
11. STATE AGREEMENT 17153, 663 I
12. LOCAL .S:i0rS,73S ,
13. FEDERAL
1
I 50
..."
SO
14. OTHER.fS) I ,:-,,
1 15. FEES & COLLECTIONS 50 SD
, 1
1 1
16. TOTAL FUNDING $153,6E31 .52.0C:735 1 I 1 $360,418
AUTHORITY: P.A. 368 of 1978 The Department of Community Hea Ith is an equal
COMPLETION: Is Voluntary. D'A is requires as a cond:lion of funding opportunity employer, services and proqmrns provider.
00:-1-0385(E) (Rev 2-09) (w) Previous EIr Opsolei.e, Also Replaces Fir.,
ATTACHMENT 3
M;CHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM BUDGET COST DETAIL Page 1 of 1
PROGRAM CODE BJDGET PERIOD 1 DATE PREPARED
Oakland County Narcotic 72181-5-09-B 10/1/2008 R35/30/2009 15/20/2008
Enforcement Team ORIGINAL BUDGET AMENDED NUDGE: ,6,MENDMENTNumeER
1. SALARY AND WAGES I POSITIONS TOTAL COMMENTS ' REQUIRED SALARY
Assistftlt Prosecuting AXtorney TV 1 $107,107
'Oakland Coom7y Dep-Jty ii $56,93!
' Sergeant 570,905 24_
_
—
,
. TOTAL SALARIES AND WAGES
2. FRINGE BENEFITS (specify)
E. FICA . El LIFE INS T.,71DE \-TAL INS COMPOSITE RATE L UNEMPLOY NS, VISION INS. IX WORK. CONIP AMOUNT %
X RETIREIViENT El HEARING INS. .)E HOSPITAL INS. • OTHER $ t;12.5., 410 , TOTAL PRINCE BENEFITS - - • --
3 TRAVEL (specify it ;any !tem exceed 10% of Total Exoenditures) 1-
$ .S0
4. SUPPLIES AND MATERIALS (specify ii any it2z-n exceaos 10% of Total Expendatres)
$ $0 .
.-
5, CONTRACTUAL (SUBCONTRACTS)
NAME ADDRESS AMOUNT 4
' $ _
13. EQUIPMENT (specify)
$O
7, OTHER EXPENSES (specify it any item exceeds 10% of Total Expendttures)
!
$ $ 0
8. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7)
$
INDIRECT COST CALCULATIONS
Rate ot So So f$ $0
10. TOTAL EXPENDITURES (earn of lines 8-9)
£360,418
DCH-0385FY2002(E) (W) 6./2001 COMPLETION IN A OOND:TiON OF FUNDING AUTHORITY: P.A. 355 et 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 Lar,, Enforcement Section web site:
www.miehisan.gov/odcplawonforcetent . Then Forms and select your program area
report.
Reports are submitted quarterly and must be attached to the ylAalc System. Directions
for attaching Progress Reports are located cc.; the MAGIC Help Screens. Reports art due
to the Office of Drug Control Policy to later thau: January 30, 2009, April 30, 2009,
July 30, 2009, and October ao, 2009. Failure to submit timely, complete, and accurate
protress reports may delay reimbursement and could result in grant closure.
Financial Status Reports (F8R) must be .stbmitted c=n a monthly basis, no later than.
thirty 30) days after the close of each calendar monLb. The monthly FSRs must reflect
the total actual program expenditures, regardless of the source of funds. Attachment 5
contains the PR form. The FM'. form and instructions for completing the FR form are
available through your MAG:c-Intelligrants.
B. 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.
C. Reports and information shall be submitted to the Contract Manager at:
D. The Contract Manager shall evaluate the reports subrrittec red in
Attachment C, Items A. and B. for their (,utripleler [ebb arid 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.
FINANCIAL STATUS REPORT
ATTACHMENT 5:
ICKGAN DEPARTMENT OF COMMUNITY HEALTH
BPO Number 1 Contract Number Page Of
Local Agency Name Program Code
Street Address Report Per= Date Prepared
Thru u Final
City, State, ZIP Code Agreement Period FE ID Number
Thru
, Expenditures Agreement Category Current Period Agreement YTD Buquel
1
Balance
1. Salaries & Wages
2. Fringe BenainS
3. Travel .
4. Supplies & Materials
1 ._
E. Contractual (5u>Contracts) _
6. Equipment
7. Cither Expenses .
6. TOTAL DIRECT ,
9a. Indirect Costs: Rate#1%
9b.Indirect Costs7Rato#2Vb
11 TOTAL EXPENDITURES
SOURCE OF FUNDS'.
i
I. State Agreernent
, 12. Local
13. Feder) i
14. Other
15. Pees & Collections
16. TOTAL FUNDING [
_
c ERTIFIGATION: t certify that I arn authorized to 3igi on behalf of the local agency and that tht is an accurate statement of exaendtures and coloions for
the report Dericd. Appropriate documentation is avoiIabie and MI be maintained for the requimO period to support c=.5 and reipts reported.
Author:zed -Signature Date ' Title
Contact Person Name I le epnone Number
I
FOR STATE USE ONLY - . • , .. . .
Advance INDEX PCA i A Q13..I. CODE j AMOUNT
Advance Outstanding
Advance issued or Applied i
Balance I 1 ,
Message
Authority; PA. 365 of 1970 The 'Apar:mon:. of Ccrr munity Harilth :s an et;us: opponunity,
Completion: is a Condition of 7.{eirn01.1111eller:: CrilDiOVer smi.=s, anc probiems Provider.
DCH-0384(E) (Rev. 4104) (111.0 Previous Edition Obsolete
Name:
ID Number:
• Year Ended (month/date/year): Agency's
Contact
Fiscai
Person
Agency
Address:
Federal
For
Agency (Name, Title, Phone #}:
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 Audt, 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.
The purpose of this letter is to comply with Michigan Depalment 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 cid riot.
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
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
FY 08/09 AGREEMENT ADDENDUM A
1. This addendum modifies the fobwing section of Pa: IL General Provisions:
Perth
1. Responsibilities — Contractor
1. Software Compliance. This section will be deleted in its entirety and replaced
with the following language:
The Michigan Department of Community Health and the County of Oakland will
work together to determine and avoid potential computer systems problems.
Ill. Assurances
A. Compliance with Applicable Laws. This first sentence of this paragraph will be
stricken in its entirety and replaced with tne following language:
The Contractor will comply with applicable Federal and State laws, and lawfully
enacted administrative rules or regulations, in carrying out the terms of this
agreement.
IX. Liability. Paragraph A, will be deleted in its entirety and replaced with the following
language.
A. Except as otherwise provided for in this Contract. al liability, loss or damage as a
result of claims, demands, costs, or judgments arising out of activities to be carried
out pursuant to the obligations of the contractor under this Contract 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 to the actions or failure to act on
the part of the Contractor, its employees, officers or agents. Nothing therein shall be
construed as a waiver of any governmental immunity fcr the Contractor, its
agencies, employees, Of Oakland County, as provided by statute or modified by
court decisions.
2. Special Certification
The Authorized Official's typed name, in lieu of a signature represents the Contractor's legal
binding acceptance of the term of this Grant Agreement including the federal. Non-supplanting
provision, Certifications and Assurances agreed to pCcr to application submission and included
in Attachment 7.
For the CONTRACTOR
Authorized Official's Name
Bill Bullard, Jr. Board Chair
Title
STANDARD ASSURANCES
The Applicant hereby assures drid certifies coanHance with all applicable Federal
statutes, regulations, po;icies, guidelines, and requirements, taa,ludIng OMB Circalars
A-21aA-87, A-102, A110, A-122, A-133; Ex. Order 12372 (intergovernmental
review of -federal programs); and, 28 C.F.R. pts. 66 or 70 (administrative
requit ttenl.o fat aratita a to cooperative agreements). The applicant also specifically
assures and Certifies that:
1. It has the lege, authority to apply for federal assistarce and the institutional,
managerial, and financial capability (inducing 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 f -om 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 avvarding agency or the General Accounting Office, through any
authorized representative, dLLV:z.5 to arid the I iclit examile all paper or electronic,
records-related Lo the firtaridal assistance.
4. It will comply with all lawful requirements imposed by the awarding agency,
specifically including any applicable regulations, such as 28 C.F,R. pts. 18, 22, 23,
30, 35, 38, 42, 61, and 63.
5. It will assist the awarding: agency (if necessary) in assuring compliance with
section 106 of the National 'Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex.
Order 11593 (idenlin .....adauti and protection of ilisLutiL aropert;es), the Archeological
and Historical Preservation Act of 1974 (16 U.S.C, § 469 a-1 at sea.), and the
National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
6. It will comply (and will require any subgrantees or ILI ado, sLu Luf ilpiy) with any
appliCabie statutorily-imposed rondiLriiuhIduu uequrements, Which may include
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the
Victims of Crime Act (42 J.S.C. § 10604(e)); the Juvenile Justice and Delinquency
Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C.
§ 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with
Disabilities Act of 1990 (42 U.S.C, § 12131-34); the Education Amendments of 1972
(20 U.S.C. §§1681, 1683, 1685-86); and, the Age Discrimination Act of 1975 (42
U.S.C. §§ 6101-07); see Ex. Order 13279 (equa: protection of the laws for faith-
based and community organizations).
7. If a governmental entity:
a. It will comp), with the requirements of the Uniform Relocation Assistance and Rea
Property Acquisitions Act of 2.970 (42 U.S.C. § 4601 at seq.), which govern the
tiealuteitt of pet soils slz,plot,ed d ue uIt of federal and federally-assisted
programs; ane,
b. It will comply with requirement's of S U.S.C. S§ 1501-08 and S§ 7324-28, Which
limit certain poitica: activities cf State or local government employees whose
principai employment is in connection with an activity financed in whole or in part by
federal assistance.
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS;
AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to tne regulations cited below to determine the certifitatiOn to
which they are required to attest. Applicants should also review the instructions for
certification included in the regulations before completing this form. Signature of this
form provides for compliance with certification requirements under 28 CFR Part 69,
"New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment
and Suspension (Non-procurement) and Government-wide Requirements for Drug-
Free Workplace (Grants)," The cuitificcitions hll be treated as a material
representation of fact upon which reliance will be places when the Department of
Justice determines to award the covered transaction, grant, or cooperative
agreement.
LOBBYING
1. As required by Section 1352, iltIe 31 of the U.E. Code, and implemented at 28
CFR Part 69, fca peiboila eir!iiiy into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the applicant certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
tne 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, u rIodi1icdtkr of orly Federal grant
or cooperative agreement;
b. If any funds other than Federai appropriated funds have been paid or Mil be paid
to any person for influencing or attempting to influe,a_e di)JMILel empluyee of any
agency, a Member of Congress, an officer or erriployee of Congress, or an employee
of a Member of Congress in connection Aaatn this Federa! grant or cooperative
agreement, the undersigned shall complete and submit Standard Form - LLL,
"Disclosure of Lobbying Activities," in accordance with its instructions;
c. The undersigned shall require that the language diib cur Lifiaatioil be included in
the award documents for all subavvards at all tiers (inclading subgrants, contracts
under grants and cooperat!ve agreements, and subcontracts) and that all sub
recipients shall certify and disclose accordingly.
DEBARMENT, SUSPENSION, AND OTHER •
RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
As required by Executive Order 12349, Debarment and Suspension, and
implemented at 28 CFP, Part 67, for prospective par,-icipants in primary covered
transactions, as def ned at 25 CFR Part 67, Section 67.510
1. The applicant certifies that it and its principais:
a. Are not Presently cebarred, suspended, proposec! For debaarnent, 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;
P. Have not within a three-year period preceding this appiication been convicted of or
had a civil judgment rendered against them for ui fidud or a criminal
offense in connection with obtaining, attempting to ontain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or comm:ssion of embe.zz.erhent, theft, forgery,
bribery, falsification or destruction of records, mak:illy rcilse sLaLerrielt, or receiving
stolen oreperty;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this ceitifi...eLliel;
d. Have not within a three-year period preceding th:s application had one or More
public transactions (Federal, State, or local) terminated for col;se or default; and,
e. Where the applicant is unable to certify to any of the statements in this
certification, he or she shal attach an explanation to this application.
DRUG—FREE WORKPLACE (GRANTEES OTHER THAN
INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implernented at 28 CFR
Part 67, Subpart F., for grantees, as defined at 28 CFR Part 67 Sections 67.615 and
67.620
A. The applieelit Lei t_rib hL it will or will continue to provide a drug-free workplace
by:
1. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use cf a controlled substance is prohibited in
the grantee's ws • e - - lig the ctuis. Lat will be taken against
employees for violation of such prohibition;
2. Establishing an on-going drug-free awareness program to inform employees about
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee-aeseetam:e-pregraens;
and,
d. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
3. Making it a requirement tnat each employee to be engaced in the performance of
the grant be given a copy of the statement required by paragrapn (a).
4. Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will:
a. Abide by the te,ms oft tre sietenienle and,
b. Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no late- than ivc calendar days after such •
conviction.
5. Notifying the agency, in writing, within 10 calendar days after receiving notice
under subparagraph (d)(2) 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, Off:ce of Justice Programs, ATTN: Control
Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall intlude the
identification number(s) of each affected grant.
6. Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d)(2), with respect to any employee whe is so convicted:
a.. 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,
b. Requiring such employee to pal Licipdle saL6-cR,Lui ily rn a drug abuse assistahce or
rehabilitalluti pruyr appruved for sucn purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
8. As the duly auttioriLeei leprseillative of the applicant, I hereby certify that the
applicant will comply with the above certifications.
UNALLOWABLE EXPENSES AND ACTIVITIES:
• Construction costs and/or renovation.
• Costs in applying for this grant (e.g. consultants, grant writers, etc.).
• Any expenses incurred prior to the date of the contract
• Indirect costs rates or 'nolireet administrative expenses (only direct costs
permitted).
• Lobbying or advocacy for particular legislative or administrative reform.
• Legal fees.
• First class traVel.
• One-time events, pri2es, entertainment (Le., tours, excursions, amusement perks,
sporting events).
• Management or administrative training, conferences (only pre-approved project
related training).
• Management studies or research and development (costs related to evaluation is
permitted).
• Honorariums.
• Fines and penalties.
• Fund raising and any salaries or expenses associated with it.
• Purchase of land.
• Losses from uneollectible bad cebts.
• Mernberstiips chid agency dues, unless a specific requirement of the project (prior
approval required).
• Contributions and donations.
• Compensation to reaeral Or state employees for travel or consulting fees.
• Military type equipment such as armored vehicles, explosive devices, and other
items typically associated with the military arsenal.
• Informant fees, rewards or buy money.
• Vehicles, vessels or aircraft
CONDITIONS ON EXPENSES
Costs mu -- • 1- - - . If required by the pc.i ent ageLcy, costs
must be sustained by competitive oids. All contracts and subcontracts require prior
approval by the Office of Drug Control Policy, If detailed information is not included
as part of the a poiidatior process, the grantee must sJbmit a request seeking
approval once the subcontractors are identified.
Individual consultant fees are limited to $450 (excluding travel, lodging and meal
costs) per day, which includes legal, medical, psychological and accountant
consultants. If the rate will exceed $450 for an eight-noUr day, written approval is
required from the Office of Drug Control Policy. Compy..nsation for individual
consultant services is to be responsible and consister:t wttrrthrat —paichfui—srmilar
services in the market place.
Food and beverage costs require prior written approval. The written proposal must
include a working agerda of planned activity. Breakfasts and dinners will generally
not be paid.
PROGRAM XNCOME
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 n iiiiirL pi uy:11., 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 trctm-rnter mg the Byrne Justice Assistance Grants,
Program Income Reports are to be filed quarterly, and are attached to the supplied
Quarterly Progress Reports.
ADDENDUM FOR DRUG TREATMENT COURTS (ONLY)*
The Agency agreeslo undertake, perform, and complete the additional services as
described below. It is understood a:id Clreed1,1 ,di. all other conditions of the riginal
agreement remain the same
1. The Contractor Is redu!red to submit copies of the subcontractors' Quarterly
Program Reports that detail the progress of each drug court program funded.
Subcontractors must submit such reports to the Agency by the following dates;
January 20, 2009
April 20, 2009
July 20, 2009
October 20, 2009
2. The Contractor sha!I refer to the Violent Offender definition outlined in the
Michigan Public Act No. 224 and ensure that such offenders wiil be excluded from
drug court progra —is.
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 Prcfe.ssionals and as outlined by the following:
• Key Component #1:
Drug Courts integrate alpohu, and other drug treatment services with i..rSitice system case
processing.
• Key Component #2:
Wing a non-adversarial approach, orosecutien and defense coansel promote public safety
while protecting participants due process rights.
• Key Component #3:
Eligible participants are identified early and promptly placed in the drug court proarem.
• Key Component #41
Drug Courts provide access to a continuum of alcohol, drug, and other related treatment and
rehabilitation services.
• Key Ciamponont
Abstinence is monnored by frequent alcohol and other drug testing.
• Key Component #6:
A coordinated strategy governs drug court responses to participants' compliance.
• Key Component
Ongoing judicial interaction win each drug count 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 thug court planning, implementation,
and operations.
• Key Component #10:
Forging partnerships among drug courts, public agencies, and community-based organiaations
generates local support ano enhances drug court effectiveness.
In collaboration with the local Substance Abuse Coordinating Agency and consistent
with the Memorandum of UliutIzAciiidilly w yi eine nt, contractors receiving
Substance abuse treatment dollars through the Byrne Justice Assistance Grant must
use licensed and accredited suostance abuse treatment providers.
4. The Con:ractor agrees tnat funds awarded under this grant will not be used to
support any inherently religious activities, such as worship, religious instruction, or
proseiytization. If the Contractor re1er -5 poriicipdilLs or provides, a non-Federally
funded program Or service that incorporates such religious activities, (1) any such
activities must be voluntary for pnogram participants, and (2) program participants
may not be excluded from participation in a Program cr otherwise penalized or
disadvantaged for any faW re 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 treatrirert—crrsup-prorts-p.r. vice for program participants,
the grantee agrees to identify and refer participants who object to the inherently
rerigious activities of such program or service to, or provide, a comparable secular
alternative program or service.
5, The Contractor must ensure that drug court DartidDants are employed, seeking
employment, or engaged in activities to enable them to be employed.
6. The Contractor must ensure that a plea by participa-ts is required; no deferred
prosecution. -
7. The Contractor must ensue LIidL LLuiiL o,id ehab,litative services provided
are based upon a comprehensive assesbilie.IL uf pal ULpdIIL iitttL. Participation in
cognitive behaviora? and restructuring, 12-step, and otner faith-based programs Cs
encouraged.
8. The Contractor must ensure tfid1 pditiLipcmL luake some payment toward drug
court ousts. Payments may be on a sliding fee scale, ability to pay basis,
* Byrne JAG funded Drug Treatment Courts through MDCH Office of Drug
Control Policy
ADDENDUM for DRUG TREATMENT COURTS (ONLY)
The Agency agrees to undertake, pe-form, and earriplele Ulu dddilieeal services as described below.
It is underetood ai id agreed that all other conditions of the orig7nal agreement remain the same.
t 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, 2008
April 30, 2008
July 30, 2008
October 30, 2008
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.
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 piuLcLiuy pa(tiuipd(i 1S ' 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 -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 orarilz.elilPIS geeei ales 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 penaiized 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
Cuntlautoi ayr ees to identify and refer participants who object to the inherently religious
activities of such program or service to, or provide, a comparable secular alternative program
or service_
6. The Contractor must ensure that Drug Court participants are employed, seeking employment,
or engaged in activities to enable them to be employed.
7. The Contractor must ensure that a plea by participants is required; no deferred prosecution.
8. The Contractor must ensure that treatment and rehabilitative services provided are based
upon a comprehensive asse,ssmenz of pi ticipai it iteeds. Participation in cognitive behavioral
and restructuring, 12-step, and other faith-based programs is encouraged.
9. The Contractor must ensui LI bat udi tiLjpai Its make some payment toward Drug Court costs.
Payments may be on a sliding fee scale, ability to pay basis.
'Elyi-ne JAG funded Drug ireatmert Courts through IncH Office of Drug CGrtro, Policy
FINANIE,CO,MITTEE
FISCAL NOTE (MISC, #08275) December 11, 2008
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF, PROSECUTING ATTORNEY - FISCAL YEAR 2009 OAKLAND COUNTY
NARCOTICS ENFORCEMENT TEAM (NET) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Prosecuting Attorney and Sheriff are requesting the acceptance of the Fiscal Year 2009
Byrne Memorial Grant for the Oakland County Narcotics Enforcement Team (NET).
2. The grant award of $307,366 represents a reduction from the grant application amount requested
of $360,418.
3. The State contribution is $153,683 and County grant match is $153,683. The County match is
included in the Fiscal Year 2009 Non-departmental grant match line item.
4. The total program funding is $635,054 which includes the grant award of $153,683 and County
grant match of $153,683; the funding shortfall of $327,688 will be covered by $70,160 from the
Sheriff Department NET Forfeitures account, and $257,528 from the Prosecutor Department
Forfeiture account (4030901-110040-222430; 4010101-123030-222440).
5. The grant period is October 1, 2008 through September 30, 2009.
6. Acceptance of this grant does not obligate the County to future commitments and continuation as
stated is contingent upon future grant and available forfeiture account funding.
7. A budget amendment to the Fiscal Year 2009 adopted bo Hoot is recommended as follows:
Adopted Amend- Amended
GENERAL FUND *10100 FY 2009 ment FY 2009
Revenue
4030901-123030-670285 Enhancement Fds $ 21,326 $70,160 $ 91,486
4010101-122080-670285 Enhancement Fds 142,600 257,528 400,128
Total General Fund Revenue $ 163,926 $327,688 $ 491,614,
Expenditures
9090101-196030-730800 Grant Match $ 179,616 ($153,683) $ 25,933
4010201-122080-788001-27320 Transfers Out -0- 147,001 147,001
4030901-110090-788001-27320 Transfers Out -0- 334,370 334,370
Total General Fund Expenses $ 179,616 $327.688 $ 507,304
GRANT FUND #27320
Project GR #0000000146. Activity A,
Analysis Type GLB Budget Ref 2009 •
Revenue
4010201-122080-610313 Grants Federal $ 176,704 ($ 99,863) $ 76,841
4030901-110090-610313 Grants Federal $ 175,296 ($ 98,454) $ 76,842
4030901-110090-695500-10100 Trfrs In Sherf $ 213,422 ($ 66,421) $ 147,001
4010201-122080-695500-10100 Trfrs In Pros $ 217,378 $ 116,992 $ 334,370
Total Grant Fund Revenue $ 782,800 ($ 147,746) $ 635,054
Expenditures
4010201-122080-702010 Salaries $ 256,897 ($ 113,683) $ 143,214
4010201-122080-722740 Fringe Benefit $ 137,185 ($ 56,556) $ 80,629
4030901-110090-702010 Salaries $ 247,699 $ 15,392 $ 263,091
4030901-110090-722740 Fringe Benefit $ 141,019 $ 7,101 $ 148,120
Total Grant Fund Expenditures $ 782,800 ($ 147.746) $ 635,054
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter, Coulter, Woodward
and Greimel absent.
4'
Resolution #08275 December 11, 2008
Moved by Rogers supported by Clark the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Burns, Clark, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Kowa11, Long, Middleton, Nash, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, 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 December
11, 2008, 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 11th day of December, 2008.
adt
Ruth Johnson, County Clerk