HomeMy WebLinkAboutResolutions - 2009.09.24 - 9972September 24, 2009
REPORT MR # 09213
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
RE: SHERIFF — FISCAL YEAR 2009 OAKLAND COUNTY NARCOTICS
ENFORCEMENT TEAM (NET) RESTORE — BYRNE JAG STIMULUS
(AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009) GRANT
ACCEPTANCE
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on
September 16, 2009 Reports with the recommendation the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of
the foregoing Report.
HUMAN RESOURCES COMMITTEE
Human Resources Committee Vote:
Motion carried unanimously on a roll call vote with Gingell absent
September 24, 2009
MISCELLANEOUS RESOLUTION 109213
BY: Pubic Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF — FISCAL YEAR 2009 OAKLAND COUNTY NARCOTICS ENFORCEMENT
TEAM (NET) RESTORE — BYRNE JAG STIMULUS (AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Community Health through the American Recovery and
Reinvestment Act of 2009. Byrne Justice Assistance Grant, awarded the Sheriff funding for the
Narcotics Enforcement Team (NET), and
WHEREAS the grant application requested $304,6'.3 in funding, and the grant award is $400.000
with no County match required: and
WHEREAS grant funding is for the period of Ju.y 1, 2009 through September 30, 2012; and
WHEREAS tne grant award provides funding for the addition of one (1) SR Deputy II position;
and
WHEREAS this restores one of the two (2) positions that were deleted as a result of a decrease
in federal funding: and
WHEREAS the addition of this position will aid in the efficiency of the task force as well as
increase officer safety for the teams: and
WHEREAS subsequent to the application and resulting award the Sheriff has reassessed the
program and modified the budget to use the additional funding to pay for overtime of the new
proposed position: 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 Oakand County NET Restore — Byrne JAG Stimulus Grant award, for the period July
1, 2009 through September 33, 2012. in the amount of 5400.000 with no match required.
BE IT FURTHER RESOLVED that the grant award will fund one (1) SR Deputy II position.
BE IT FURTHER RESOLVED that one (1) SR Deputy ll be created in the Sheriffs
Office/Investigative & Forensic Services/N.E.T. Unit effective September 26, 2009.
BE IT FUTHER RESOLVED that one (1) NET forfeited vehicle be added to the fleet for use by
this positior.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized
to execute the grant award and to approve any grant extensions or changes, within fifteen
percent (15%) of the original award, which are consistent with the original application as
approved.
BE IT FURTHER RESOLVED that continuation of this program, including positions, is contingent
upon continued grant funding.
Chairperson on behalf of tne Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
PubtIc Services Committee Vote:
Motion carried unanimously on a roll call vote with Runestad absent
Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976"
httlynwww.ltgislawre. age—vetobimt8cobicztnamc=mc,1-Act-453-of- diriLD vmpeu.LISIMMag at=
GRANT REVIEW SIGN OFF — Sheriffs Office
GRANT NAME: 2009 N.E.T. Restore — Byrne JAG Stimulus (American Recovery and Reinvestment Act
of 2009)
FUNDING AGENCY: Michigan Department of Community Health— Office of Drug Control Policy
DEPARTMENT CONTACT PERSON: Janet Whitefield 248 858-2866
STATUS: Grant Acceptance
DATE: August 24, 2009
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed
internal grant review. Below are the returned comments.
The captioned gala 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 (8/18/2009)
Department of Human Resources:
Approved. — Cathy Skala' (8/18/2009)
Risk Management and Safety:
Approved, - Andrea Plotkowski (8/20/2009)
Corporation Counsel:
After reviewing this grant contract, there appear to be no unresolved legal issues that require action at this
time. — Karen Agacinski (8/19/2009)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of the
specifically cited compliance related documents for this grant.
Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and Budget
Act - `T,A. 533 of 2004" . _
Single Audit Act of 1984 (with amendments in 1996)
hipI .a. • • fin I) ancialifin single auclit...bnnl
Federal Office of Management and Budget (orvm) Circular No. A-133, This Circular sets forth standards for
obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and
non-profit organizations expending federal awards.
b/c. ulars _____ia133/a133.html
Lobbying Disciosare Act of 1995 (2 USC 16e1)
hin)://www .senate.govireferenc efrf eir4 Vi'5/Ddiffq0ntactingj0465_p. df
Anti-Lobbying - Section 503 (Public Law 104-208)
litry.ggrants.nih.govierantsiguideinonce-filesinot97-0321trni
vv (il,-13)Noirrrirj 575-i7,9ailvv4ilimg.asux?caue-=zetObiect&obieetName=-2003-SB-0850
19768Laueryid=14718.540
ancereiy,
-u)1. ,
JENNIFER M. GPANHOUV
STATE or
DEPARTMENT OF COMMUNITY HEALTH iET OLSZEVV..E.K.1
july 15, 2009
Capt. f.•..1a!-K
- County of Oakland
1200 N, Telegraph R.
Building 38 East
Pontiac, Michigar 48341
RE: Restore Deputy II Position
50012-1 -09-B
Dear Capt. Newman:
On .1..-,eheif of Governor Jennifer Granholin and Lieutenant Governor John Cherry, would like to
extend congratuinons to you.
I am dei ..ted to inform you that your aprqicatioil for fundffig under the American Recovery and
Reinve ,Ament Act of 2009, Byrne Justice Assistance Grant, submitted to the Office of Drug
Control Pc,icy has been selected to receive grant funding. The federal funds award for your
project, pending the finalization of the grant agreement, is 8400.000.
Shorty, you wif receve an email from our office advising you of the procedure for initiating a
contract w.th the Department of Community Health. In the meantime, a certification form
outlining your responsibi!ities for non-supplanting and reporting is enclosed for your review and
signatures). This form must be returned to our office by August 14, 2009. Please note that
your award funds will not become available to your agency until we have received the
fully executed form.
If yot have any questions Or concerns about your award, Neese rurtact Nancy Beciccr Bennett.
Manager. Law Enforcement Section, at (517) 373-2952 or
Deborah J. Hollis. Acting Director
OFice of Drug Control Policy
rml
c: Nancy Becker Bennett
Mark Steinberg
• -42-.; SOUTH. ALNiuT ST REF. • LL1-ii. iGn
•1". ;517. 1 73- -37::IG
!',rd
._fgks SEiti
Byrne Justice Assistance Grant
American Recovery and Reinvestment Act of 2009
Iji_arl ,SLJERiffilild_lig Requirements_ortin
ODCP Project Title: Resto -e Deputy II Postlon
ODCP Project Number: SOC12--:-',...9-=';
Please note that the non-supplanting and reporting requirements also apply to all
subcontracts that are awarded from your funding. The contractor is responsible for
ensuring subcontractor compliance to the following information.
Non-Supplanting
I he 3y:71e Nemorial Fora -2st;ce Assistance Grant (Byrne JAG) Program requires that federal
fun:1s rot be used to supplant state or local funds: The contractor must assure that federer funds
will not be used to replace or stipp:ant state or local funds, but wiil be used to increase the amount
of such funds that would, in he absence of federal funds, be made available for criminal ',ustice
activities.
It is imperative that contractors/subcontractors understand that the non -supplanting requirbrnert
mandates that Sync JAG funds may be used only to supplement (increase) a grantee's budget and
may not supplant (rep ace) state, ocal or trial funds hat a grantee otherwise would have spent or
positions if it had not received a Byrne JAG award.
11-15 rnears that if yoi agency plans to:
(a) Hire new positions (lnclAing filiing existing vacancies that are no longer funded in your agencv's
budget); It must hire these additional postions on or after the official rant award star: date, above
its current oudge.ted (fumed) level of positions;
(b) Ren're personnel wno have aireact;/ been raid off (at the time of application) as a res,ilt of state,
Inca: or :rioal bocgat CW,s; Tt must re:Tre the personnel on 07 after the offlcia: grant aW3 ,",-j stat
date and mainta:n documentation showing the date(s) that the positions were :aid off and re'lred,
(c) lylaintain personnel who are (at the time of applicalion; cairehtly scheduled to be laid off on a
future date as a result of state, local or tribe! budget cuts: It must continue to fund the personnel
with its own :runds from the arant award start date until the date of the scheduled lay-off (c.a., if the
Byrne JAG awa7d start date is July 1 and the lay-off is sched..red for October 1, then the Byrne JAL.;
funds may not be used to fund the personnel until October 1, the date of the scheduled layoff), anU
maintain documentation showing the date(s) and reason(s) for the lay-oF rPlcase note that as long
as your agency can document the date trial: the lay-off(s) would occur if the Byrne JAG funds were
rot avallable, it may transfer the derscnnel to the Eyme JAG funding on or 1.-nmedlately after he
date of the lay-off vvithout fonrraly completi ng the administrative steps assccated with a lay-off for
persorrie..1
Docurnentatior that may be used to prove that scheduled Icy offs are occurring for .oca; eccho Tic
reason tnat are unrelatec: to the availability of Syrne JAG grant funds may incluc.i:e ;.P,Jt are no:
limited to;co,rcl cr departmental meet:ha minutes, memoranda, notices, or ord,:Ers Ty,-.Jssin? tne
lay-offs; notices pruv ded to the ind -viCual personnei rea:c-r:iria the date(s, of the inyoffs; arti,/-,i -
r2idget documents ordering de:Dart:mental jur:sdicrior budget cuts. Tnese records must
be m.::iint;_nr!ed itn your agency's Byrne. JAG drart 7ecords curing tne grant parlod an: for three
years 1-o:flowing the official cidL;eout Of the Byrne JAG grant in the even: of an audit, rnonitorod ; Or
other eva,uation of yo,,,r grant corripience..
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM BUDGET COST DETAIL of 1 Page 1
' PROGRAM I CODE BUDGET PERIOD DATE PREPARED
MuItijur:i sdictiona1 :t p 50012-1-09-B 7/1/2009 to 9/30/2012
Forces (For Current:1y Fun ORIGINAL BUDGET AMENDED BUDGET AMENDMENT NUMEiER
t SALARY AND WAGES I POSITIONS TOTAL COMMENTS REQUIRED SALARY
Salary and ilagee 1 $25 6 , 753 Th:,s 15 the estimated lotai amour.; f cr three
SRiarv n.us nv r , • P
TOTAL SALARIES AND VVAGES $256 , 753
2. FRINGE BENEFITS (specify)
FICA X LIFE INS. g DENTAL INS Pi COMPOSITE RATE
E UNEMPLOY INS. VISION INS. E WORK COMP AMOUNT % El RETIREMENT . HEARING INS, E HOSPITAL INS. Li OTHER
TOTAL FRINGE BENEF1-S $ $14 3 , 2 4 7
3. TRAVEL (specify if any item exceeds 10% of Total Expenditures)
$0
4 SUPPLIES AND MATERIALS (specify if any item exceeds 10% of Total Expenditures)
$ lp
5 CONTRACTUAL (SUBCONTRACTS)
NAME ADDRESS AMOUNT
Is $0
6. EQUtpmENT (specify)
$ $ 0
7. OTHER EXPENSES (specify if any item exceeds /0% of Total Expenditures)
8 TOTAL DIRECT EXPENDITURES (sum of Totals 1-7)
$
$400,003
9. INDIRECT COST CALCULA1 IONS
Rate 03
10. TOTAL EXPENDITURES (Sum of lines 6.9)
$ c $0 $
$403,000
COMPLETION IN A CONDITION OF FUNDING AUTHORITY: P.A. 368 of 178 DCH-0386FY2002(E) (W) 6/2001
Contract #: 2 0 9 3 6 9 6
Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
County of Oakland
1200 N. Telegrnp.:-. Rd.
Pontiac, MI 48341
Federal I.D.#: TB - 6 n4 76
hereinafter referred to as the "Contractor'
for
N.E.T. - County of Oakland
Restore Deputy II Pos±tion
Part I
1. Period of Agreement: This agreement shall commence on 7/1/2009 and
continue through 9/30/2012 , This agreement is in full force and effect for the
period specified.
2. proaram Budoet and Agreement Amount
A. Agreement Amount
The total amount of this agreement is S 400,000 . The
Department under the terms of this agreement will provicie funding not to exceed
$ 400. COO • The federal funding provided by the Department: is
$ 403.000 or appro)dmately . 0 0 %; the Catalog of Federal
Domestic Assistance (CFDA) number is 16 603 and the
CFDA Ttle isFY 09 Recovery Act Edward Byrne Memorial Sus; the
federal agency name is u s te artme : the
federal grant award number is 2009-SU-B9-00i7 and tne
award phase is 2008 , The federal program title is
Recovery Act Byrne JAG 2009 . The grant agreement is
designated as a subrecipient relationship.
Thegrant agreement is designated as
371 Not a Research and Development project.
B. Equipment Purchases and Title
Any contractor equipment purchases supported in whale or in part through this
agreement must be listed in the supporting Equipment Inventory Schecule.
Equipment means tangible, non-expendable, personal property having useful life
of more than one (1) year and an acquisition cost of $5.000 or more per unit.
DCH-0005 FY2009 5/09 (11\)4 Page 1 of 18
Title to items having a unit acquisition cost of less than $5,000 shall vest
with the Contractor upon acquisition, The Department reserves the right to
retain or transfer the title to all items of equipment having a unit acquisition
cost of 55,000 or more, to the extent that the Department's proportionate
interest in such equtment supports such retention or transfer of title.
C. Deviation Allowance
A deviation allowance modifying an established budget category by $10,000 or
15% whichever is greater, is permissible without prior written approval of the
Department. Any modification or deviations in excess of this provision, including
any adjustment to the total amount of this agreement, must be made in writing
and executed by all parties to this agreement before the modifications can be
implemented. This deviation allowance does not authorize new categories,
subcortracts, equipment items or positions not shown in the attached Program
Budget Summary and supporting detail schedules.
3. Purpose: The focus of the program is to: See Attachment 1.
4. Statement of Work: The Contractor agrees to undertake, perform and complete the
services described in Attachment 2, which is part of this agreement through reference.
5. Financial Requirements: The financial requirements shall be followed as described in
Part II of this agreement and Attachment 3 which are part of this agreement through
reference.
6. Performance/Progress Report Reauirements: The progress reporting methods, as
applicable, shall be followed as described in Attachment 4, which is part of this
agreement through reference.
7, General Provisions: The Contractor agrees to comply with the General Provisions
outlined in Part II, which is part of this agreement through reference
8. Administration of the Agreement:
The person acting for the Department in administering this agreement (hereinafter
referred to as the Contract Manager) is:
Nancy Bennett
Name Location/Building
Title Telephone No.
BeckerZiqmichigan.gov
Email Address
DCH-0665 FY2049 5a:18 (W)4 Page 2 of 18
9. Special Conditions:
A. This agreement is vaiid upon approval by tne State Administrative Board as appropriate and
approval and execution by the Department.
B. This agreement is conditionally approved subject to anu contingent upon the availability of
funds.
C. The Department will not assume any responsibility or liability for costs incurred by the
Contractor prior to the signing of this agreement.
D. The Contractor is required by PA 533 of 2004 to receive payments by electronic funds transfer.
10, Special Certification:
The individual or officer electronically accepting this Agreement certifies by his or her acceptance that
he or she is authorized to sign this agreement on behalf of the responsible governing board, official or
Contractor.
Signature Section:
For the CONTRACTOR
Bill Bullard, ;i6mm. Board of Commissionejs - Chairman
(7/easel's/me} Name Title
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 certifications and Assurances agreed to prior
to application submission.
Dc,H-0b65 FY2009 b/t18 (N)4 Page 3 of 18
Part ll
General Provisions
Responsibilities - Contractor
The Contractor in accordance with the general purposes and objectives of
this agreement will:
A. Publication Rights
1. Where activities supported by this agreement produce
books, films, or other such copyrightable materials issued by
the Contractor, the Contractor may copyright such but shall
acknowledge that the Department reserves a royalty-free,
non-exclusive and irrevocable license to reproduce, publish
and use such materials and to authorize others to reproduce
and use such materials. This cannot include service
recipient information or personal identification data.
2. Any copyrighted materials or modifications bearing
acknowledgment of the Department's name must be
approved by the Department prior to reproduction and use of
such materials.
3. The Contractor shall give recognition to the Department in
any and all publications papers and presentations arising
from the program and service contract herein; the
Department will do likewise.
B. Fees
Make reasonable efforts to collect 1 st and 3rc party fees, where
applicable, and report these as outlined by the Department's fiscal
procedures. Any underrecoveries of otherwise available fees
resulting from failure to bill for eligible services will be excluded
from reimbursable expenditures.
C. Program Operation
Provide the necessary administrative, professional, and technical
staff for operation of the program.
D. Reporting
Utilize all report forms and reporting formats required by the
Department at the effective date of this agreement, and provide the
Department with timely review and commentary on any new report
forms and reporting formats proposed for issuance thereafter.
E. Record Maintenance/Retention
DCH-0665 FY200 5/08 (W)4 Page 4 of 15
Maintain adequate program and fiscal records and files, including
source documentation to support program activities and all
expenditures made under the terms of this agreement, as required.
Assure that all terms of the agreement will be appropriately
adhered to and that records and detailed documentation for the
project or program identified in this agreement will be maintained
for a period of not less than three (3) years from the date of
termination, the date of submission of the final expenditure report or
until litigation and audit findings have been resolved.
F. Authorized Access
Permit upon reasonable notification and at reasonable times,
access by authorized representatives of the Department, Federal
Grantor Agency, Comptroller General of the United States and
State Auditor General, or any of their duly authorized
representatives, to records, files and documentation related to this
agreement, to the extent authorized by applicable state or federal
law, rule or regulation,
G. Audits
This section only applies to Contractors designated as
subrecipients. Contractors designated as vendors are exempt from
the provisions of this section.
1. Required Audit or Notification Letter
Contractors must submit to the Department 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 $500,000 or more in federal
awards during the Contractor's fiscal year must
submit to the Department a Single Audit prepared
consistent with the Single Audit Act Amendments of
1996, and Office of Management and Budget (OMB)
Circular A-133, 'Audits of States, Local Governments,
and Non-Profit Organizations," as revised,
b. Financial Statement Audit
Contractors exempt from the Single Audit
requirements that receive $500,000 or more in total
funding from the Department in State and Federal
CCI-1-0665 FY20C9 5X8 (M5 Page 5 of 1a
grant funding must submit to the Department a
Financial Statement Audit prepared in accordance
with generally accepted auditing standards (GAAS).
Contractors exempt from the Single Audit
requirements that receive less than $500,000 of total
Department grant funding must submit to the
Department a Financial Statement Audit prepared in
accordance with GAAS if the audit includes
disclosures that may negatively impact 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 /./www.michigan govirridch by
selecting Inside Community Health — MDCH Audit.
2. Due Date and Where to Send
The required audit and any other required submissions (Le.
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
httpliwww.michiconlovfmdch by selecting Inside
Community Health — MDCH Audit.
3. Penalty
DCH-0665 FY2009 5/08 (WA Page 6 of 18
a. Delinauent Single Audit or Financial Statement Audit
If the Contractor does not submit the required Single
Audit reporting package, management letter (if
issued) with a response, and Corrective Action Plan;
or the Financial Statement Audit and management
letter (if issued) with a response within nine months
after the end of the Contractor's fiscal year and an
extension has not been approved by the cognizant or
oversight agency for audit, the Department may
withhold from the current funding an amount equal to
five percent of the audit year's grant funding (not to
exceed $200,000) until the required filing is received
by the Department. The Department may retain the
amount withheld if the Contractor is more than 120
days delinquent in meeting the filing requirements and
an extension has not been approved by the cognizant
or oversight agency for audit. The Department may
terminate the current grant if the Contractor is more
than 180 days delinquent in meeting the filing
requirements and an extension has not been
approved by the cognizant or oversight agency for
audt
b. Delinquent Audit Status Notification Letter
Failure to submit the Audit Status Notification Letter,
when required, may result in withholding from the
current funding an amount equal to one percent of the
audit year's grant funding until the Audit Status
Notification Letter is received.
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. SubrecipientiVendor Monitoring
The Contractor must ensure that each of its subrecipients comply
with the Single Audit Act requirements. The Contractor must issue
management decisions on audit findings of their subrecipients as
required by OMB Circular A-133.
The Contractor must also develop a subrecipient monitoring plan
that addresses "during the award monitoring" of subrecipients to
provide reasonable assurance that the subrecipient administers
Federal awards in compliance with laws, regulations, and the
provisions of contracts, and that performance goals are achieved.
The subrecipient monitoring plan should include a risk-based
DOH 0665 FY2009 5/08 ',Sisig Page 7 at 18
assessment to determine the level of oversight, and monitoring
activities such as reviewing financial and performance reports,
performing site visits, and maintaining regular contact with
subrecipients.
The Contractor must establish requirements to ensure compliance
for for—profit subrecipients as required by OMB Circular A-133.
Section .210(e)
The Contractor must ensure that transactions with vendors comply
with laws, regulations, and provisions of contracts or grant
agreements in compliance with OMB Circular A-133, Section
.210(f).
Notification of Modifications
Provide timely notification to the Department, in writing, of any
action by its governing board or any other funding source that
would require or result in significant modification in the provision of
services, funding or compliance with operational procedures.
J. Software Compliance
The Contractor must ensure 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 (RB) application
material for all research involving human subjects, which is
conducted in programs sponsored by the Department or in
programs which receive funding from or through the State of
Michigan, to the Department's 1RB for review and approval, or the
IRB application and approval materials for acceptance of the review
of another 1RB. All such research must be approved by a federally
assured 1RB, but the Department's 1RB can only accept the review
and approval of another institution's IRB under a formally-approved
interdepartmental agreement. The manner of the review will be
agreed upon between the Department's 1RB Chairperson and the
Contractor's 1RB Chairperson or Executive Officer(s).
Responsibilities - Department
The Department in accordance with the general purposes and objectives
of this agreement will:
DCH-0655 FY2009 5/08 (W,8 Page 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 any new report forms and reporting formats
proposed for issuance thereafter at least ninety (90) days prior to
their required usage in order to afford the Contractor an opportunity
to review and offer comment.
Ill. Assurances
The following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
The Contractor will comply with applicable federal and state laws,
guidelines, rules and regulations in carrying out the terms of this
agreement. The Contractor will also comply with all applicable
general administrative requirements such as OMB Circulars
covering cost principles, grant/agreement principles, and audits in
carrying out the terms of this agreement.
B. Anti-Lobbyino Act
The Contractor will comply with the Anti-Lobbying Act. 31 USC
1352 as revised by the Lobbying Disclosure Act of 1995, 2 USC
1601 et seq, and Section 503 of the Departments of Labor, Health
and Human Services ; and Education, and Related Agencies
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 and disclose accordingly.
C. Non-Discrimination
1. In the performance of any contract or purchase order
resulting herefrom, the Contractor agrees not to discriminate
against any employee or applicant for employment or service
delivery and access, with respect to their hire, tenure, terms,
conditions or privileges of employment, programs and
services provided or any matter directly or indirectly related
to employment, because of race, color, religion, national
origin, ancestry, age, sex, height, weight, marital status,
physical or mental disability unrelated to the individual's
ability to perform the duties of the particular job or position or
UCH-Q865 FY2009 5/08 (W)9 Page 9 0(18
to receive services. The Contractor further agrees that every
subcontract entered into for the performance of any contract
or purchase order resulting herefrom will contain a provision
requiring non-discrimination in employment, service delivery
and access, as herein specified binding upon each
subcontractor. This covenant is required pursuant to the
Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended,
MCL 37.2201 et seq., and the Persons with Disabilities Civil
Rights Act, 1976 PA 220, as amended. MCL 37.1101 et
seq., and any breach thereof may be regarded as a material
breach of the contract or purchase order.
2. Additionally, assurance is given to the Department that
proactive efforts will be made to identify and encourage the
participation of minority owned and women owned
businesses, and businesses owned by persons with
disabilities in contract solicitations. The Contractor shall
incorporate language in all contracts awarded: (1)
prohibiting discrimination against minority owned and women
owned businesses and businesses owned by persons with
disabilities in subcontracting; and (2) making discrimination a
material breach of contract.
D. Debarment and Suspension
Assurance is hereby given to the Department that the Contractor
will comply with Federal Regulation, 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 preceding this
agreement been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or
contract under a public transaction: violation of federal or
state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly
charged by a government entity (federal. state or local) with
commission of any of the offenses enumerated in section 2,
and;
DCH-0665 FY2009 5/08 (VV)10 Page 10 cif 18
4. Have not within a three-year period preceding this
agreement had one or more public transactions (federal,
state or local) terminated for cause or default.
E. Federal Requirement: Pro-Children Act
1. Assurance is hereby given to the Department that the
Contractor will comply with Public Law 103-227. also known
as the Pro-Children Act of 1994, 20 USC 6081 et seq, which
requires that smoking not be permitted in any portion of any
indoor facility owned or leased or contracted by and used
routinely or regularly for the provision of health, day care,
early childhood development services, education or library
services to children under the age of 18, if the services are
funded by federal programs either directly or through state or
local governments, by federal grant. contract, loan or loan
guarantee. The law also applies to children's services that
are provided in indoor facilities that are constructed,
operated, or maintained with such federal funds. The law
does not apply to children's services provided in private
residences; portions of facilities used for inpatient drug or
alcohol treatment; service providers whose sole source of
applicable federal funds is Medicare or Medicaid; or facilities
where Women, Infants, and Children (WIC) coupons are
redeemed. Failure to comply with the provisions of the law
may result in the imposition of a civil monetary penalty of up
to $1,000 for each violation and/or the imposition of an
administrative compliance order on the responsible entity.
The Contractor also assures that this language will be
included in any subawards which contain provisions for
children's services.
2. The Contractor also assures, in addition to compliance with
Public Law 103-227, any service or activity funded in whole
or in part through this agreement will be delivered in a
smoke-free facility or environment. Smoking shall not be
permitted anywhere in the facility : or those parts of the
facility under the control of the Contractor. If activities or
services are delivered in facilities or areas that are not under
the control of the Contractor (e.g., a mall, restaurant or
private work site), the activities or services shall be smoke-
free.
F. Hatch Political Activity Act and Intergovernmental Personnel
Act
The Contractor will comply with the Hatch Political Activity Act, 5
USC 1501-1508, and the Intergovernmental Personnel Act of 1970,
as amended by Title VI of the Civil Service Reform Act, Public Law
DCH-0665 FY20C9 5/08 {W)11 Page 11 of 18
95-454, 42 USC 4728. Federal funds cannot be used for partisan
political purposes of any kind by any person or organization involved
in the administration of federally-assisted programs.
G. Subcontracts
Assure for any subcontracted service, activity or product:
1. That a written subcontract is executed by all affected parties
prior to the initiation of any new subcontract activity.
Exceptions to this policy may be granted by the Department
upon written request within 30 days of execution of the
agreement.
2. That any executed subcontract to this agreement shall
require the subcontractor to comply with all applicable terms
and conditions of this agreement. In the event of a conflict
between this agreement and the provisions of the
subcontract, the provisions of this agreement shall prevail.
A conflict between this agreement and a subcontract,
however, shall not be deemed to exist where the
subcontract:
a. Contains additional non-conflicting provisions not set
forth in this agreement:
b. Restates provisions of this agreement to afford the
Contractor the same or substantially the same rights
and privileges as the Department; or
c. Requires the subcontractor to perform duties and/or
services in less time than that afforded the Contractor
in this agreement.
3. That the subcontract does not affect the Contractor's
accountability to the Department for the subcontracted
activity.
4. That any billing or request for reimbursement for subcontract
costs is supported by a valid subcontract and adequate
source documentation on costs and services.
5. That the Contractor will submit a copy of the executed
subcontract if requested by the Department.
H. Procurement
Assure that all purchase transactions, whether negotiated or
advertised, shall be conducted openly and competitively in
accordance with the principles and requirements of OMB Circular
A-102 as revised, implemented through applicable portions of the
DCF1-0505 FY2009 5/06 (W)12 Page 12 of 18
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 significant history of all purchases are maintained for a
minimum of three years after the end of the agreement period.
I. Health Insurance Portability and Accountability Act
To the extent that this act is pertinent to the services that the
Contractor provides to the Department under this agreement, the
Contractor assures that it is in compliance with the Health
Insurance Portability and Accountability Act (HIPAA) requirements
including the fallowing:
1. The Contractor must not share any protected health data
and information provided by the Department that falls within
HIPAA requirements except to a subcontractor as
appropriate under this agreement.
2. The Contractor must require the subcontractor not to share
any protected health data and information from the
Department that falls under HIPAA requirements in the terms
and conditions of the subcontract.
3. The Contractor must only use the protected health data and
information for the purposes of this agreement.
4. The Contractor must have written policies and procedures
addressing the use of protected health data and information
that falls under the HIFAA requirements. The policies and
procedures must meet all applicable federal and state
requirements including the HIPAA regulations. These
policies and procedures must include restricting access to
the protected health data and information by the Contractor's
employees.
5. The Contractor must have a policy and procedure to report
to the Department unauthorized use or disclosure of
protected health data and information that falls under the
HIPAA requirements of which the Contractor becomes
aware.
6. Failure to comply with any of these contractual requirements
may result in the termination of this agreement in
accordance with Part II, Section V. Agreement Termination.
7. In accordance with HIPAA requirements, the Contractor is
liable for any claim, loss or damage relating to unauthorized
use or disclosure of protected health data and information
received by the Contractor from the Department or any other
source.
DC11-0665 FY2049 5/08 (W) I 3 Page 13 of 15
IV. Financial Requirements
A. Operatinq 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:
I. 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 Department agreement 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
outstanding operating advance.
The Department may obtain the Michigan Department of
Treasury's assistance in collecting outstanding operating
advances. The Department will comply 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.
DCH-0665 FY2009 5/08 'N)14 Page 14 at 18
d. An opportunity for the Contractor to present evidence
in person or in writing.
e. A hearing official with full authority to correct errors
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, the Contractor must respond to
the Department's 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, Michigan 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 tafitztgal brooram expenditures, regardless of
the source of funds. Attachment D 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:
Fna Status Reocrt 8214 7 ndf and
* htto://ww,rnichig.an.govic'ocuments/DCH=0384-
FinanciaLS a . Reocrt Instructions 8216 7sdf_
Failure to meet financial reporting responsibilities as identified in
this agreement may result in withholding future payment
DCVI-06135 FY2009 5108 (W)15 Page 15 of 18
D. Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration
process to receive all State of Michigan payments as Electronic
Funds Transfers (EFT)/Direct Deposits, as mandated by PA 533 of
2004. Vendor registration information is available through the
Department of Management and Budget's web site:
• http://www.cpexpressstate.miusi
E. Final Obligations and Financial Status Renort Reauirements
1. Preliminary Close Out Report
A Preliminary Close Out Report, based on annual guidelines,
must be submitted by the due date using the format provided
by the Department's Accounting Division. The Contractor
must provide an estimate of total expenditures for the entire
agreement period. The information on the report will be
used to record the Department's year-end accounts
payables and receivables for this agreement.
2. Final FSRs
Final FSRs are due sixty (60) days following the end of the
fiscal year or agreement period. The final FSR must be
clearly marked "Final". Final FSRs not received by the due
date may result in the loss of funding requested on the
Preliminary Close Out Report and may result in the potential
reduction in the subsequent year's agreement amount.
F. Unobligated Funds
Any unobligated balance of funds held by the Contractor at the end
of the agreement period will be returned to the Department or
treated in accordance with instructions provided by the Department.
V. Agreement Termination
The Department may cancel this agreement without further liability or
penalty to the Department for any of the following reasons:
A. This agreement may be terminated by either party by giving thirty
(30) days written notice to the other party stating the reasons for
termination and the effective date.
B. This agreement may be terminated on thirty (30) days prior written
notice upon the failure of either party to carry out the terms and
conditions of this agreement, provided the alleged defaulting party
is given notice of the alleged breach and fails to cure the default
within the thirty (30) day period.
DCH-0665 FY200.9 5108 (W)16 Pago 16 of 18
C. This agreement may be terminated immediately if the Contractor or
an official of the Contractor or an owner is convicted of any activity
referenced in Section 111.0. 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 financial, performance and other reports required as a condition of
this agreement. The Department will make payments to the Contractor for
allowable reimbursable costs not covered by previous payments or other
state or federal programs. The Contractor shall immediately refund to the
Department any funds not authorized for use and any payments or funds
advanced to the Contractor in excess of allowable reimbursable
expenditures. Any dispute arising as a result of this agreement shall be
resolved in the State of Michigan,
VII.Seve rabilitv
If any provision of this agreement or any provision of any document
attached to or incorporated by reference is waived or held to be invalid,
such waiver or invalidity shall not affect other provisions of this agreement.
VIII. Amendments
Any changes to this agreement will be valid only if made in writing and
accepted by all parties to this agreement. Any change proposed by the
Contractor which would affect the Department funding of any project, in
whole or in part in Part 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. All liability to third parties, loss, or damage as a result of claims,
demands, costs, or judgments arising out of activities, such as the
provision of policy and procedural direction, to be carried out by the
Department in the performance of this agreement shall be the
responsibility of the Department, and not the responsibility of the
DCH 0065 cY2006 $/08 (vo17 Page 17o1 (8
Contractor, if the liability, loss, or damage is caused by, or arises
out of, the action or failure to act on the part of any Department
employee or agent, provided that nothing herein shall be construed
as a waiver of any governmental immunity by the State, its
agencies (the Department) or employees as provided by statute or
court decisions.
C. In the event that liability to third parties, loss, or damage arises as a
result of activities conducted jointly by the Contractor and the
Department in fulfillment of their responsibilities under this
agreement, such liability, loss, or damage shall be borne by the
Contractor and the Department in relation to each party's
responsibilities under these joint activities, provided that nothing
herein shall be
construed as a waiver of any governmental immunity by the
Contractor, the State, its agencies (the Department) or their
employees, respectively, as provided by statute or court decisions.
X. Conflict of Interest
The Contractor and the Department are subject to the provisions of 1968
PA 317, as amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and
1973 PA 196, as amended, MCL 15.341 et seq, MSA 4.1700 (71) et seq.
Xl. State of Michigan Agreement
This is a State of Michigan Agreement and is governed by the laws of
Michigan. Any dispute arising as a result of this agreement shall be
resolved in the State of Michigan.
XII.Co nfidentiality
Both the Department and the Contractor shall assure that medical
services to and information contained in medical records of persons
served under this agreement, or other such recorded information required
to be held confidential by federal or state law, rule or regulation, in
connection with the provision of services or other activity under this
agreement shall be privileged communication, shall be held confidential,
and shall not be divulged without the written consent of either the patient
or a person responsible for the patient, except as may be otherwise
required by applicable law or regulation. Such information may be
disclosed in summary, statistical, or other form, which does not directly or
indirectly identify particular individuals.
DCH-0665 FY2009 5108 (W)10 Page 18 of 15
ATTACHMENT
PURPOSE
50:12-1-09-E
This Ls a contnuation project for Cakland County NaJccotic Enforcement Team i).T.E.T.),
a multiuristhotional task force serving Oakland County. The task force was created tc
enco.,.zra,za cooperation between law enforcement and federal agencies within ,9outheast
M:.chigan an effort tc apprehend and convict those involved in the use, eale and
ch.5trib-,Ition of iLlecral drugs and narcotic..
ATTACHMENT 2
STATEMENT OF WORK
50012-1-C;9-B
We are proposing to restore one Deputy II position to the Narcotics Enforcement Team fc.r
a period ot three years. Due to a 67t federal funding reduction NET was forced to cut
one Deputy II position from our budget. Other cooperating agencies include 12 local
police departments, the Macomb County Sheriff's Office, SONIC, DEA, and the FE:. Thi2
project will increase the effectiveness of the task force as well as increase officer
safety.
ATTACHMENT 3
PROGRAM BUDGET SUMMARY
BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT
FY 2008 - 2009
Ploirra. DdIS r-epalt,1• Page:: 0
Restore De,p ,,....ty I.:.. Posit ion 7/20/2009 1 -
.0.1,..n:cr :,,,,...: E3udget Perlod: —
- .,. .--P •-• ;Csaant,... 7/2/2009 - 9/30/2012
Mall irg Address: Budget A areenrent: Arnentzneri N'„IIIDC.
-----Te 1ec atth,:z . rs—r , Ori inn! Amendment -
City State: Zip Code. Pa:.ce Fc ltral ID Number
mommiiiiiiF vi 4934:
EXPENDITURE CATEGORY STATE FUNDS LOCAL MATCH TOTAL BUDGET
1. Salaries and Wages $256,753 $0 $256,752
i
2, Fringe Benefits $143,247 , $0 , $143,247
3. Trave
. Supplies and Materials
5. Contractual (Subcontract)
6. Equipment
monnWm.en
7. Other Expenses
i
,
TOTAL DIRECT EXPENDITURES $403,000 $400,000
9 Indirect Costs: 0% $ 0 $3 $ 0
I0 TOTAL EXPENDITURES $400,300 $0 $403,000
MEI
SOURCE OF FUNDS STATE FUNDS LOCAL NiATCH TOTAL BUDGET
11. State Agreement $403,000 $400,000
12. 'Fees and Collections $0 $3
..1=11n•
13. 'Local $0 $0
14. .Federal $0 $0
15. Other (s) $0 $O
16.
W
.TOTAL FUNDING $403,300 $0 $403,000
IM
I Me Department of Communit:r Health is an (ival opportur:21Y empli.P: et .
lino I servwc. and nrograrn5 provider_
DC14-0385(L) I Rev 6•02'; IL\ Lel) Pre', lous Lfition Obso[cte Also Hvplaces f 10
iiutbnrity P.A 358 0'1578
a 1 Page 1
ATTACHMENT 3
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM BUDGET COST DETAIL
PROGRAM 1CODE BUDGET PERIOD !DATE PREPARED
Restore neiy.:ty 71 Position 50C12 -1-09-13 1 7/1/2C09 to 9/30/212 r 7 /20/2C09 I _
ORIGINAL BUDGET AMENDED BUDGET 1 AMENDMENT NUMBER
1 SALARY AND WAGES POSITIONS TOTAL COMMENTS REQUIRED SALARY
Salary and Wages
1 $256 Thls Ls the eetimated total amourh- for three ,753
'`' —416•111111 1.TIiid
,
TOTAL SALARIES AND )NAGES $256,753
r
2 FRINGE BENE7ITS (specify)
.5-C1 FICA 0 LIFE INS_ 7 DENTAL INS 11 COMPOSITE RATE
UNEMPLOY INS. ' VIS.ON INS RI WORK COMP AMOUNT % E RETIREMENT HEARING INS.
111 HOSPITAL INS. E OTHER S143, 2 4 7 TOTAL FRINGE BENEFITS
3 TRAVEL (specify if any item exceeds 10% of Total Expenditures)
$0
4. SUPPLIES AND MATERIALS (specify f any item exceeds 10% of To,.al Expenditures)
$0
5 CONTRACTUAL (SUBCONTRACTS)
NAME ADDRESS AMOUNT
$0
--
5. EQUIPMENT (specify)
Is $ 0
7. OTHER EXPENSES (specify If any itern exceeds 10% of Total Expenditures)
$D
8. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7)
f;400, 000
9. INDIRECT COST CALCULATIONS
Rate n SO SO _
10. TOTAL EXPENDITURES (sum of lines 8-9)
I $400,000
AUTHORITY: P.A. 368 of 1976 COMPLETION IN A CONDITION OF FUNDING DC/-1-0386FY2002(E) (W) 6/2001
ATTACHMENT 4
PERFORMANCE I PROGRESS REPORT REQUIREMENTS
A. The Contractor shall submit the following reports on the following dates:
PruJram reports must be downloaded from the CDCP Law Enforcement Section wet site:
www.michiyan.covlodoplawenforcement, click Byrne JA2 Funding, click Forms and select
your program area report.
You are requires to s.,ibr.it (2) Program Reports for Byrne JAG Stimulus grants cn a
quarterly basis.
1. Personnel Report: A Personnel Report must be completed and attached to your -si%few
Reports Screen in MAGIC. Personnel Reports are due (5) days at the end of each
quarter.
• October 5, 2309
• ,:ranuary 5, 2010
Financial Status Reports (FSR) must be submitted an a monthly basis, no later than
thirty (30) days after the close of each calendar month. Attachment 5 con t ains the FSR
form. :he FS R form and instructions for completing the FSR form are available through
your MAGIC system.
SLib:lissn of timely, complete and accurate financial reports is absolutely mandatory.
:3clayed or missing reports will cause stop payments for reimbursement and may result in
grant closure. Please plan ahead to avoid any non-submission issues or problems.
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 submitted as described in
Attachment C, Items A. and B. for their completeness and adequacy.
E The Contractor shall permit the Department or its designee to visit and to make
an evaluation of the project as determined by Contract Manager.
ATTAC:111v1ENT 5
FINANCIAL STATUS REPORT
MICHIGAN 1-1PARTIVIFNT OF COMMUNITY HEALTH
BP° Number Contract Number Page Of
Local A9eicy game_ Program , Code
Street Address Report Period Date Prepared
Thru LI Final
City, State, ZIP Code Agreement PerioC FE ID Numoer
Thru
Expenditures Agreement Category r . • • • A i reement YTD Budget Balance
1. Salaries & Wages
2. Fringe Benefits
3 Travel
4. Supplies & Materials
5. Contractual (Sod-Ccntracts)
6 Ecppment
7. Other Expenses
8 TOTAL DIRECT
9a.Indirect Costs: Rate#1%
9b.indirect Costs: Rate#2%
10. TOTAL EXPENDITURES
SOURCE OF FUNDS:
11 State Agreement
12. Local
13 Federal
14 Other
15. Fees & Collections
16. TOTAL FUNDING
cErinfloATION: 1 certify that I am aathorized to sign on behalf of the local agency and that this is an accurate atatement of expenditures and collections for
the report period. Appropriate documentation is available and will be maintained for the required period to support costs and receipts reported _ . .
Authorized Signature Date Title
Culact Person Name Telephone Number
_
Advance INDEX PCA A OBJ. CODE AMOUNT
Advance Outstanding ,
Advance Issued or Applied
Balance t
Message
1
Authority: P.A. 368 of 1978 The Department of Community Health i an equal Op0Ortunity,
—IMINRONINEille -- ''''-'-'—'"------' arrrntnvAr SPnazes and proarams provider.
DCH-03134(E) (Rev. 4/04) (W) Previous Edition Obsolete
ATTACHMENT 6
AUDIT STATUS NOTIFICATION LETTER
(Required for subrecipient Contactors claiming exemption from audit submission requirements)
Please fill in the following information, sign after the statement below and mail this form to:
Michigan Department of Community Health, Office of Audit, Quality Assurance and Review
Section, P.O. Box 30479, Lansing, MI 48909-7979 or fax it to: (517) 338-5443. Form is due to
the Department within nine months after the end of the Contractor's fiscal year. Please do
not submit this form with your signed agreement.
Agency Name.
Address:
Federal ID Number:
For Agency's Fiscal Year Ended (month/date/year):
Agency Contact Person (Name, Title, Phone #):
The purpose of this letter is to comply with Michigan Department of Community Health
(MUCH) grant contract audit requirements. I certify that the agency listed above expended
less than $500,000 in federal awards from all funding sources, and expended less than
$500,000 total MDCH funding. I also certify that our agency's financial statement audit did not
include any disclosures related to current or prior years that could negatively impact MDCH-
funded programs. Therefore, we are not required to submit either a Single Audit or Financial
Statement Audit to MDCH.
Signature
Print Name/Title
Date
STANDARD ASSURANCES
The Applicant hereby assures and certifies compkance with all applicable Federai
statutes, regulations, policies, guidelines, and requirements, including OMB Circulars
A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372 (intergovernmental
review of federal programs); and, 28 C.F.R. pts, 66 or 70 (administrative
requirements for grants and cooperative agreements). The applicant also specifically
assures and certifies that:
1. It has the legai authority to apply for federal assistance and the institutional,
managerial, and financial capability (including funds sufficient to pay any required
non-federal share of project cost) to ensure proper planning, management, and
completion of the project described in this application.
2. It will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal OF organizational
conflict of interest, or personal gair,
3. It will give the awarding agency or the General Accounting Office, through any
authorized representative, access to and the right to examine all paper or electronic
records related to the financial 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 (identification and protection of historic properties), the Archeological
and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the
National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
6. It will comply (and will require any subgrantees or contractors to comply) with any
applicable statutorily-imposed nondiscrimination requirements, which may include
the Omnibus Crrne Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d), the
Victims of Crime Act (42 U.S.C. § 10604(e)); the Juvenile Justice and Delinquency
Prevention Act of 2002 (42 U.S.C, § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C.
§ 2000d); the Rehabilitation Act of 1973 (29 U.S.C. g 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 (equal protection of the laws for faith-
based and community organizataans).
7. If a governmental entity:
a. It will comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the
treatment of persons displaced as a result of federal and federally-assisted
programs; and,
b. It will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which
limit certain political activities of State or local government employees whose
principal employment is In connection with an activity financed in whole or in part by
federal assistance,
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS;
AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification 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 certificaton 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 certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of
Justice determines to award the covered transaction, grant, or cooperative
agreement.
LOBBYING
1. As required by Section 1352, Title 31 of the VS. Code, and implemented at 28
CFR Part 69, for persons entering 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
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the making of
any Federal grant, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal grant
or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal grant or cooperative
agreement, the 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 of this certification be included in
the award documents for all subawards at all tiers (including subgrants, contracts
under grants and cooperative agreements, and subcontracts) and that all sub-
recipients shall certify and disclose accordingly.
DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510
1. The applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal oepartnnent or
agency;
b. Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Fecteral. State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
br.bery, falsification or destruction of records, making false statements, or receiving
stolen property;
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 certification;
d. Have not within a three-year period preceding this application had one or more
public transactions (Federal, State, or local) terminated for cause or default; and,
e. Where the applicant is unable to certify to any of the statements in this
certification, he or sne shall attach an explanation to this application.
DRUG-FREE WORKPLACE (GRANTEES OTHER THAN
INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR
Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and
67.620
A. The applicant certifies that 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 of a controlled substance is prohibited in
the grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
2. Establishing an on-going drug-tee awareness program to inform employees about
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of ma;ntaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs;
and,
d. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of
the grant be given a copy of the statement required by paragraph (a).
4. Notifying the employee ii the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will:
a. Abide by the terms of the statement; 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 later than five 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, Office of Justice Programs, ATTN: Control
Desk, 633 Indiana Avenue, N.W.# Washington, D.C. 20531. Notice shall include 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 who 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 participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal ! State, or local
health, law enforcement, or other appropriate agency.
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 authorized representative 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 indirect administrative expenses (only direct costs
permitted).
• Lobbying or advocacy for particular legislative or administrative reform.
• Legal fees.
• First class trave!.
• One-time events, prizes, entertainment (i.e., tours, excursions, amusement parks,
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 uncoilectible bad debts.
• Membersnips and agency dues, unless a specific requirement of the project (prior
approval required),
• Contributions and donations,
• Compensation to federal 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 must be reasonable and necessary. If required by the parent agency, costs
must be sustained by competitive bids. All contracts and subcontracts require prior
approval by the Office of Drug Control Policy. If detailed information is not included
as part of the application process, the grantee must submit a request seeking
approval once the suocontractors are identified.
Individual consultant fees are limited to $450 (excluding travel, lodging and meal
costs) per day, which includes legal, medical, psychological and accountant
consultants. If the rate will exceed $450 for an eight-hour day, written approval is
required from the Office of Drug Control Policy. Compensation for individual
consultant services is to be responsible and consistent with that paid for similar
services in the market place.
Food and beverage costs require prior written approval. The written proposal must
include a working agenda of planned activity. Breakfasts and dinners will generally
not be paid.
PROGRAM INCOME
The Department of Justice regulat'ons allow grantees to keep funds (program
income) derived From grant activities, so bong as these funds are used for the same
purposes as the grant project. In the absence of such regulations, these funds would
be required to be returned to the Department of Justice.
Asset forfeiture and lab fees are the most prominent program income derived from
grant activity. Department of Justice regulations require that program income be
held in the custody of a governmental entity, with reporting on those funds to the
state agency administering the Byrne Justice Assistance Grants.
Program Income Reports are to be filed quarterly, and are attached to the supplied
Quarterly Progress Reports.
ADDENDUM FOR DRUG TREATMENT COURTS (ONLY)*
The Agency agrees to undertake, perform, and complete the additional services as
described below. It is understood and agreed that all other conditions of the original
agreement remain the same.
1. The Contractor is required to submit copies of the subcontractors' Quarteriy
Program Reports that detail the progress of each drug court program fundeo,
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 shall refer to the Violent Offender definition outlined in the
Michigan Public Act No. 224 and ensure that such offenders will be excluded from
drug court programs.
3. The Contracto~ must comply with the Key Components of drug courts as specified
by the U.S. Department of Justice, Drug Courts Program Office and the National
Association of Drug Court Professionals and as outlined by the following:
• Key Component #1:
Drug Courts integrate alcohol and other drug treatment services with justice system case
processing.
• Key Component #2:
Using a non-adversarial approach, prosecution and defense counsel promote public safety
while protecting participants' due process rights.
• Key Component #3:
Eligible participants are identified early and promptly placed in the drug court program.
• Key Component #4:
Drug Courts provide access to a continuum of alcohol, drug. and other related treatment and
rehabilitation services.
• Key Component #5:
Abstinence is monitored by frequent alcohol and other drug testing.
• Key Component #6:
A coordinated strategy governs drug court responses to participants' compliance.
• Key Component #1:
Ongoing judicial interaction with each drug court participant is essential.
• Key Component Kt:
Monitoring and evaluation measure the achievement of program goals and gauge
effectiveness.
• Key Component #9:
Continuing interdisciplinary education promotes effective drug court planning, implementation,
and operations.
• Key Component #10:
Forging partnerships among drug courts, public agencies, and community-based organizations
generates focal support and enhances drug court effectiveness.
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.
4. The Contractor agrees that funds awarded under this grant will not be used to
support any inherently religious activities, such as worship, religious instruction, or
proselytization. If the Contractor refers participants to, or provides, a non-Federally
funded program or service that incorporates such religious activities, (1) any such
activities must be voluntary for program participants, and (2) program participants
may not be excluded from participation in a program or otherwise penalized or
disadvantaged for any failure to accept a referral or services. If participation in a
non-Federally funded program or service that incorporates inherently religious
activities is deemed a critical treatment or support service for program participants,
the grantee agrees to identify and refer participants who object to the inherently
religious activities of such program or service to, or provide, a comparable secular
alternative program or service.
S. The Contractor must ensure that drug court participants are employed, seeking
employment, or engaged in activities to enable them to be employed.
6. The Contractor must ensure that a plea by participants is required; no deferred
prosecution.
7. The Contractor must ensure that treatment and rehabilitative services provided
are based upon a comprehensive assessment of participant needs. Participation in
cognitive behavioral and restructuring, 12-step, and other faith-based programs is
encouraged.
8. The Contractor must ensure that participants make some payment toward drug
court costs. Payments may be on a slicPng fee scale, ability to pay basis.
* Byrne JAG funded Drug Treatment Courts through MDCH Office of Drug
Control Policy
A DDENDlifi rmaifirargSajjaaj,Q=2
The Agency agrees to undertake, perform, and complete the additional services as described below.
It is understood and agreed that all other conditions of the original agreement remain the same.
1. The Contractor is required to submit copies of the subcontractors Quarterly Program Reports
that detail the progress of each Drug Court program funded. Contractors must submit such
reports to the Department by the following dates:
January 30, 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.
3. The Contractor must comply with the Key Components of Drug Courts as specified by the U.S.
Department of Justice, Drug Courts Program Office and the National Association of Drug Court
Professionals and as outlined by the following:
Key Component #1 Drug Courts integrate alcohol and other drug treatment services
with justice system case processing.
Key Component #2 Using a non-adversarial approach, prosecution and defense
counsel promote public safety while protecting participants' due
process rights.
Key Component #3 Eligible participants are identified early and promptly placed in the
Drug Court program.
Key Component #4 Drug Courts provide access to a continuum of alcohol, drug, and
other related treatment and rehabilitation services.
Key Component #5 Abstinence is monitored by frequent alcohol and other drug testing.
Key Component #6 A coordinated strategy governs drug court responses to
participants' compliance.
Key Component #7 Ongoing judicial interaction with each Drug Court participant is
essential.
Key Component #8 Monitoring and evaluation measure the achievement of program
goals and gauge effectiveness.
Key Component #9 Continuing interdisciplinary education promotes effective Drug
Court planning, implementation, and operations.
Key Component #10 Forging partnerships among Drug Courts, public agencies, and
community-based organizations generates local support and
enhances Drug Court effectiveness.
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,
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 tnat
incorporates such religious activities, (1) any such activities must be voluntary for program
participants, and (2) program participants may not be excluded from participation in a program
or otherwise penalized or disadvantaged for any failure to accept a referral or services. If
participation in a non-Federally funded program or service that incorporates inherently religious
activities is deemed a critical treatment or support service for program participants, the
Contractor agrees to identify and refer participants who object to the inherently religious
activities of such program or service to, or provide, a comparable secular alternative program
or service.
6. The Contractor must ensure that Drug Court participants are employed, seeking employment,
or engaged in activities to enable them to be employed.
7. The Contractor must ensure that a plea by participants is required; no deferred prosecution.
8. The Contractor must ensure that treatment and rehabilitative services provided are based
upon a comprehensive assessment of participant needs. Participation in cognitive behavioral
and restructuring, 12-step, and other faith-based programs is encouraged.
9. The Contractor must ensure that participants make some payment toward Drug Court costs.
Payments may be on a sliding fee scale, ability to pay basis.
*Byrne JAG funded Drug Treatment Courts through MDCH Office of Drug Contro Policy
FISCAL NOTE ' (MISC. 109213) September 24, 2009
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF — FISCAL YEAR 2009 OAKLAND COUNTY NARCOTICS ENFORCEMENT TEAM
(NET) RESTORE — BYRNE JAG STIMULUS (AMERICAN RECOVERY AND REINVESTMENT ACT OF
200) GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XU-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Michigan Department of Community Health through the American Recovery and
Reinvestment Act of 2009, Byrne Justice Assistance Grant, awarded the Sheriff funding for
the Narcotics Enforcement Team (NET) in the amount of $400,000.
2. This resolution restores one (1) SR Deputy II position that was deleted due to a reduction in
federal funding as reflected in the FY 2009 NET Grant Acceptance per MR*08275.
3. The grant application requested $304,613 in funding, and the grant award is $400,000 for
salary and fringe benefits over the 39 months of the grant agreement with no County match
required.
4. The grant funding period is from July 1, 2009 through September 30, 2012.
5. The $400.000 grant award budget will be distributed across four (4) fiscal years with $30.769
effective July 1, 2009 through September 30, 2009, $123,077 for FY 2010, $123,077 for FY
2011, and $123,077 for FY 2012.
6. A budget amendment is recommended to the FY 2009 Budget for three (3) months of costs
and to the FY 2010 — FY 2012 Finance Committee Recommended Budget for annual costs
as follows:
SPECIAL REVENUE FUND (#27349)
Revenues
4030901-110090-615571
Expenditures
4030901-110090-702010 Salaries $ 19,750 $79,001 $79,001 $79,001
4030901-110090-722740 Fringe Benefits 11 019 44Q2 44 076 44,076
Total Expenditures $30,769 $123,077 $123,077 $123,077
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
FY 2009 FY 201 FY 2011 FY 2012
State Oper. Gr $2:1262 $123,077 $123,077 $123,077
Total Revenues $30,769 $123,077$123.077 $123,077
I HEREBY APPROU THE FOREGOING RESOLUTION
fm/4
Resolution #09213 September 24, 2009
Moved by Capella supported by Coleman the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Burns. Capella, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts. R.unestad,
Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25)
NAYS' None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruin Johnson, aerk 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
September 24, 2009, 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 24th day of September, 2009.
(i4a
Ruth Johnson, County Clerk