HomeMy WebLinkAboutResolutions - 2010.07.07 - 10142July 7,2010
MISCELLANEOUS RESOLUTION 10160
BY: Public Servtes Committee, Jim Runestad, Vice Chairperson
IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, CIRCUIT COURT AND CHILDREN'S VILLAGE
2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Sheriffs Office. Cituit Court and Children's Village, along with the City
of Pontiac and City of Southfield, have been allocated 3281,129 and have preparea an application to the
U.S. Department of Justice, Office of Justice Programs for funding under the 2010 Edward Byrne
Memorial Justice Assistance (JAG) Program for the period of October 1. 2009 through September 3C,
2013; and
WHEREAS a joint application between Oakland County, City of Pontiac and City of Southfield is required:
and
WHEREAS the funclIng is based on Federal allocation and is distributed as follows: Oakland County
$46.644: City of Pont:ac 3145,732 and City of Southfield $88,753. There is no grant match requirement.
WHEREAS the grant application requires the adoption of an intergovernmental agreement between
Oakland County and toe local units of government; and
WHEREAS an agreement has been drafted (as attachec.) by Oakland County Corporation Counsel and
signed by the local jurisdictions; and
WHEREAS State statute (MCL 45.556P) states that the Board of Commissioners has the authority to
enter into agreements with other governmental or quasi-governmental entities and
WHEREAS Oakland County has been eletted to serve-as-fiduciary ana lead agency for the entire awarc
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached intergovernmental agreement with the local units of government listed above and in Appendix A
of the agreement and that the Board Chairperson, on behalf of the County of Oakland. Is authorized to
execute said agreement.
BE IT FURTHER RESOLVED that one original intergovernmental agreement be filed with the Michigan
Department of State. Office of the Great Seal.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll cal! vote with Runestad and Taub absent
Prentiss Malone
From: Piir, Gala [piirg@oakgov.comi
Sent: Wednesday, June 09, 2010 544 PM
To; 'Cunningnam, Dale.; 'Seaman, Lori': 'Cooperrider, John .; 'Overall, Joanna .; 'Lanar, Patricia': IMalone, Prentiss'
Cc: 'Falardeau, Nancy .; 'Pearson, Linda': Pisacreta, Antonio
Subject: Grant Sign Off; Sheriffs Office Ci7cuit Court, Children's Village -2010 Edward Byrne Memorial Justice Assistance
Grant (JAG) Program - Application & Intergovernmental Agreement
Please Note; The attached application has been revised to include changes for the City of Southfield. Please use
this version in all fioC packets.
GRANT REVIEW SIGN OFF — Sheriffs Office, Circuit Court and Children's
Village
GRANT NAME: 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FUNDING AGENCY: U.S. Depaitinent ofJustice
DEPARTMENT CONTACT PERSON: Gain Piir (248) 858-1037
STATUS: Application and Intergovernmental Agreement
DATE: June 9, 2010
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below
are the returned cum-Dents.
The captioned grant materials and grant application package (which should include an application Report from Fiscal Services to the
Chairperson of the Board of Commissioners', the grant application, and this Sign Off email containing grant review comments) may
be submitted to the Chairperson of the Board of Commissioners for review and signature, with informational copies to the
appropriate Board of Commissioners' committee(s).
DEPARTMENT REVIEW
Deportment of Management and Budget:
Approved. — Laurie Van Pelt (5/30120:0)
Department of Human Resources;
Approved. — Cathy Shalial (5/31 .'20IC)
Risk Management and Safety:
Approved by Risk Management, — Andrea Plotkowski (6/3/2010)
Corporation Counsel;
After reviewing this grant application, there appear to he no unresolved legal issues that require action at this time. - Karen P.
Agacinski (6/40C10)
COMPLIANCE
The grant application references a number of specific federal and state regulations. Below is a list of these specifically cited
compliance related documents for this grant.
Federal °Mee of Management and Budget (OMB) Circular No. A -21, A-87, A-102, A410, A-122 and A-133
http:!rwww.whitohouse.gov/omb .cireuiarsfindex.html
Executive Order 12372 - Intergovernmental review of Federal programs
6/18/2010
tp::/www.fwsovipolicy Ibrctry,"rfleo12372.pc1f4
• U.. •nn• 1, •
S DO Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part
.tp://www.access,cpo,g,ovinara:cfrAkaisidx_04/28ofrv2_04.131m1
Iffice of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18)
v://www.access.gpo.,gov/naralcfr/waisidx_01/2%fr-18_01.htral
-onfidentiality of Identifiable Research and Statistical Information (28 CFR Part 22)
ttp:,'/www, access. gpo.L.,ov,:narnic frwatsidx_04/28efr22
:riminal Intelligence Systems Operating Policies (28 CFR Part 23)
ttp;Pwww.access.gpo.govinaralefriwaisidx_01/28cfr23_01,html
ntergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30)
ttp:/iwww.access, po.govinaraicfriwaisidx_0: /28cfr30_01,1itml
;ondiscrimirtation of the basis of Disability. in State and Local Government Services (28 CFR Part 35)
ity://www.access.41o.govinara;cfriwaisidx_0128,cfr35_01.html
F.qual Treatment for Faith Based Organizations (28 CFR Part 38)
ittp://www.usdoj.gov/ovwfdocsiaspiernoreimplernentationof28cfrpart38.pdf
klondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42)
Ittp:Pwww.access.flpe.gov1naralcfriv,raisidx_01 12 fr42_01 .html
Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61)
-ittp://www,access.gpo.govfnaraiefriwaisidx_01/28cfr61_ 01 .html
Floodplain Management and Wetland Protection Procedures (28 CFR Part 63)
7,ttpww,access.grv.gor.'nara/cfru -ai sid x01/28 cfr63_01.hIrn 1
fifie 2 — Grants and Agreements — Award Term (2CFR Part 175.15)
http:iledooket.access.gpo,$loy/cfr_2008jartqtrindf/2cfr175.15.pdf
National Historic Preservation Act of 1966 (16 U.S.C. 470)
http:irwww.nps.govibistoryllocal-lawinhpe.1966.htm
Executive Order 11593 — Protection and enhancement of the cultural environment
hitp://wwv,,,a-sa.izoviPortai '2,sa/QpcontentView,d0contentType-43SA_BASICSt.conientld --,12094
Archeological and llistorie Preservation Act (16 U.S.C. 469)
http://www,nps.gov,thistoryllocaj -law/FHPL_Archilis1Pres.pdf
The National Environmental Policy Act of 1969 (42 U.S.C. 4321)
byp://www.neprl.gov ;;Iiepo.'re*/nepaqiepacrlia.1-mn
Omnibus Crime Control and Safe Streets Act of 1968
http:,,/www,uscioj,1..tov.icrtispli1/42nsc.37g9d.litrn
Victims of Crime Act (42 USC Section 10604)
http:i/www.ustipj.govicrt,/corl-Pvavncalzioj10604.13cm
Juvenile Justice and Delinquency Prevention Act
fittp://oijdp,ttcirs.oraboutijdp,22002tit1ev,pdf
Federal Civil Rights Act of 1964
6/18/201.0
):i/www.uscicitj
The Rehabilitation Act of 1973
)ttp://www d el. z.ov; c9Inpligncel %vs icon1 -11 tm
The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12131 -34)
114p/frwebuate4.access.gpo.szowe2i -bin:waisaate.cifi?WAISdocIDt=42030427315+0+0 -084WAlSaction=retriev
The Education Amendments of 1972 (20 U.S.C.. Sec 1681, 1683, 1685 -86)
Iittp://www.usdoi.g.ov/LcrtAzorcoord'tit itixst , tam
Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 -6107)
http://www.doLgov/oasam/regsistatutesiwie act.htm
Executive Order 13279 - Equal Protection of the Laws for Faith -based and Community Organizations
)-ittp; //www.wh i tehou gOV,111 e s.`rel ea ses:-.2002::12:20C2 I 212-6,htrn:
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 r2,S.C. Sec 4601)
http//ecfrgpoacessv/cQitext'text-idx?
c=e_cfr .&.sici=764.d5rhX0111iielrgana:Ascp+.7 )d;6k.w -ozdiy:askyka=texts„ka12.418:2.0.4.3.78Lidno--18
Federal Hatch Act - Political Activity of Certain State and Local Employees
http://www ,ose.ggy,"hatchdct.htm
Restrictions on Lobbying (28 CFR part 69)
littp://N.Arww,access_,zpo Azovinara/cfriwaisidx 01/28cfr69 C4.html
Nonprocurement Debarment and Suspension (2 CFR, Part 2867)
bitp://www.access.gac.govara....•cfrwaisidx_08./2cfr2867 08.htm:
Government-Wide Requirements for Drug -Free Workplace (Grants) (28 CFR Part 83)
http://www. access. gpo. uovinara icfrlwaisidx 04/28 cfr83 04.htrol
Executive Order 12549 — Debarment and Suspension
http;uwww.arehives.mv/f.ederal 7registericoclificationiexecutive-order/12549.htmi
Gaia V. Pi'-
Grants Compliance nd Programs Coordinator
Oakland County Fiscal Services Division
Phone (248) 858-1037
Fox (246) 358-9724
pVrgeoakgov.cam
6/18/2010
PPLICATION FOR i 2. DATE Slip-HIED. . Applicant Identifier
EDERAL ASSISTANCE
n x
. TYPE OF SUBMISSION 3. DATE RECEIVED BY STATE State Application Identifier
pplication Non-Construction 4. DATE RECEIVED BY Federal Identifier
FEDERAL AGENCY
APPLICANT INFORMATION
Legal Name Organizational Unit
Oakland County County Government
Address Name and tclepb.onc rumba of the person to be
contacted on matters involving this application
1200 N Telegraph Read
.Courthouse Building #12 East Pik, Gaia
, Pontiac, Michigan (248) 858-1037
48341-0403
6. EMPLOYER IDENTIFICATION NUMBER (FIN) 7. TYPE OF APPLICANT
38-6004900 County
S. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY
New Bureau of Justice Assistance
10, CATALOG OF FEDER AT. DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S
PROJECT
NUMBER: 16.738
CFDA EDWARD BYRNE MEMORIAL JUSTICE County of Oakland: Sheriffs Office, Circuit Court.
TITLE: ASSISTANCE GRANT PROGRAM and Children's Village equipment aqu-1sition, City
of Pontiac - Personnel Acquisition, City of
Southfield - Industrial Generator Project
12. AREAS AFFECTED BY PROJECT
The geographic jurisdictions of thc City of Pontiac, City of Southfield and the County of Oakland, Michigan.
13. PROPOSED PROJECT N. CONGRESSIONAL DISTRICTS OF
Start Date: - October 01, 2009
End Date: September 30, 2013 ' a. Applicant
b. Project MI09 MI08 mn 1 M112
15. ESTIMATED 111-NDING 16. IS APPLICATION SUBJECT TO REVIEW
Federal 5281,129 BY STATE EXECUTIVE ORDER 12372
PROCESS?
Applicant $0
State $0 This preapplication/application was made
available to the state executive order 12372 Local 50 process for review on
Other $0
Program Income SO 17. IS THE APPLICANT DELINQUENT ON
. ANY FEDERAL DEBT?
TOTAL $281.129
N
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN TIES APPLICA.LON
PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY
GOVERNING BODY OF THE A.PPLICANT AND THE APPLIGANT WILL COMPIt-Y WITH THE 4.,6).TTACHE'D
ASSURANCES IF THE ASSISTANCE IS REQUIRED.
Close (lam
1QTE: You must click on the "A=ept" button e the bottom of the gage before closing this window
OMB APPROVAL IqUivIBER
1121 -0140
EXPIRES 12/31120 -12
STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, pities, 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. 68 or 70 (administrative requirements for grants and cooperative agreements). The applicant
also specifically assures and certifies that:
1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability
(including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning,
management, and completion of the project described in this application,
2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain.
3. It will give the awarding agency or the 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 wiii 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, and the award tern in 2 C.F.R. § t75.15(b).
5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic
Preservation Act of 19% (16 U.S.C. § 470), Ex, Order 11593 (identification and protection of historic properties), the
Archeological and Historical Preservation Act of ;974 (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 wilt require any subgiantees of C.:Of &dams to comply) with any applicable statutorily-imposed
nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1908 (42
U.S.C. § 3789d); the Victims of Clime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention
Act of 2002 (42 U.S.C. § 5672(b)); tie Civil Rights Act of 1964 (42 U.S.C. § 20G0d); the Rehabilitation Act of 1973(29
U.S.C. § 794); 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. §§ 0101-07): see Ex.
Order 13279 (equal protection of the laws for faith-based and community organizations).
7. If a governmental entity;
a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Accuisitions Act of
1970(42 U,S,C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and
fecierally-assisted programs; and
b, it will comply with renuirements 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,
Acoepf
NOTE; You must dick on the "Accept" bujtv at the bottom of the page before closine thl§_window b1>U.S. DEPARTMENT
OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE CHIEF FINANCIAL OFFICER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND
DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the reguletions cited below to determine the certification to which they are required to attest Applicants
should also review the instructions for eertifcation included in the regulations before completing this form. Acceptance of this form
provides for compliance with eertlfication requirements under 28 CFR Part 69, New Restrictions on Lobbying,' 2 CFR Pant 2867,
"DOJ Implementation of OMB Guidance of Nonprocurernent Debarment and Suspension," and 28 CFR Part 83, "Government-wide
Debarment and Suspension," 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.
1. LOBBYING As required by Section 1352, Title 31 of the U.S. 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 Feoeral appropriated funds have been paid or will be paid, by or on behalf cif the undersigned, to any person for influencino
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 shah i complete and submit
Standard Form LLL, "Discioaure of Lobby:NI Activities," in accordance with its instruutiens .
(c) The undersigned 3ha/1 require that the language of tnis certifiee6on be induced 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.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSiBILITY MATTERS (DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR Part 2867, for prospective
participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a).
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspeeded, proposect for debarment, declared ineligible, sentenced to a cereal of Federal benefits
by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them
for commission of fraue 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 5tolan property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental ent'ey (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period precedng this application had one or more public transactions (Federal, State, or local)
terminated for cause or default.
B. Where the aeplicant is unable to ceeify to any of the statements in this certification, he Cr she shall attach an explanation to this
application.
3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free 'Workplace Act of 1988, and implemented at 28 CFR Part 83, SJbpart F, for grantees, au defined at
28 CFR Sections a3.620 arid 83.65D:
A. The applicant certifies that it will or will continue to provide a drug-fee votirkplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possetsion, oruse 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:
(b) Establishing an on-going drug-free awareness program to inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of inail rtiirl a drug-free workplace;
(3) Any available drug counseling, rehaLilitetion, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the
empioyee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later
than five calendar days after such conviction;
(e) Notifying the agency, in wrtng, 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, 810 7th Street, N.VV., Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
(f) Taking one a Me following actions, within 30 calendar days of receiving notice under subparagraph (dX2), with respect to any
employee who )5 so convicted
(1) 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
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local heath, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (o), (c), (d),
(e), and (f).
As the duly authorized representative of the applicant, 1 hereby certify that the applicant will carroty with the above certifications.
Accept
OAKLAND COUNTY
FY 2010 JAG - Application 2010-H6481-M1-DJ
Project Narrative — Attachment I
?roieet: County of Oakland — Oakland County Children's Village Secure Detention and
Secure Treatment Services — Surveillance Camera Upgrade Project
Capital equipment to increase the safety and security of the residents and staff through the
purchase of additional pan tilt zoom cameras, fixed cameras, cable, and Digital Video
Recorder. This equipment is crucial to improving the safety and well-being of the facility
residents and staff,
Project: County of Oakland — Circuit Court Equipment Acquisition
Capital equipment fcr this project to help with the expansion of the Circuit Court's e-filing
program tc allow for scanning documents in chambers and viewing documents more easily in
the courtroom and chambers.
Proiect: County of Oaldand — Sheriff's Office Equipment Acquisition - Emergency
rrenarednesj Trairling and Communications Division — Patrol Rifle Program
Capital equipment to convert the 144 AR-15/M-16/M4 weapons received from the U.S.
Army's Defense Reutilization and Marketing Service Program, from full automatic to semi-
automatic. This weapon conversion would allow the Sheriffs Office to replace the out dated
and antiquated M-14's currently in use, This equipment will be a valuable factor for the
officer's safety when responding to close-quarter and long-distance situations.
Project: City of Pontiac — Personnel Acguisition
The City of Pontiac has experienced a downturn in its financial position. As a result, the
Police Department has experienced a 62% reduction in its sworn personnel since 2005. This
has impacted our ability to provide effective proactive community oriented policing
programs.
The City of Pontiac Police Department has received COPS Hiring Grant funds which pay for
four (4) Police Officer positions at the entry level salary. The Pontiac Police Department is
seeking to supplement those funds with JAG funds to cover the difference in costs of higher
level officers.
It anticipated that the funds will be used immediately upon approval and receipt.
The City of Pontiac JAG funds will be tracked via a separate city COPS Grant fund outlining
associated draw downs and expenditures during the period of the grant.
Project: City of Southfield — Industrial Generator Project
In 2009, the Cfty of Southfield was awarded grant funding through the 2009 Recovery Act —
Edward Byrne Memorial Justice Assistance Grant. A portion of this funding was authorized
for the replacement of our 300 kilowatt industrial generator which services the key areas of
the Police Department; such as but not limited to emergency dispatch, technology
infrastructure storage rooms and the prisoner lock-up facility. The generator also supplies
power for Technology Services' computer infrastructure, the 9-1-1 emergency phones and
emergency lighting for the Police, Municipal and Court buildings.
Presently, this project is in progress. The electrical engineering design contractors for the City
of Southfield has identified and recommended valuable additions to this project. which are
favorable to maintaining the City of Southfield's technology infrastructure and public safety
operations. These additional costs are beyond the City of Southfield's financial ability as the
current and upcoming budget will not be able to absorb this expense due to significant and
mandatory budgetary cutbacks.
The City of Southfield has identified this project as a priority need. Therefore, upon approval
of the project and drawdown of Funds, implementation will continue and is anticipated t:,) be
completed within an 18 month period.
OAKLAND COUNTY
FY 2010 JAG - Application 2010-116481-MI-DJ
Project Budget — Attachment 2
Project: County of Oakland - Oakland County Children's Village Secure Detention and
Secure Treatment Services — Surveillance Camera Upgrades Project
Descrintion nf item Unit Cost Quantity Total
Pan Tilt Zoom Cameras S1,600.00 2 $3 ,200.00
Fixed Cameras $234.00 7 51,638,00
Cable $0.2905 4000 ft. $1,162,00
Digital Video Recorder $6,000.00 1 $6,000.00
CHILDREN'S VILLAGE PROJECT TOTAL $12.000.00
Project: County of Oakland — Circuit Court Equipment Acquisition
Descriaivn of item Unit Cost Oliantity Total
Multifunction fax/scanner/copier $1,430.00 2 52,860.00
Widescreen 22" monitors $200.00 10 $2,000.00
CIRCUIT COURT PROJECT TOTAL $4.860.00
Project: County of Oakland — Sheriff's Office Equipment Acquisition — Emergency
Preparedness Training and Communications Division— Patrol Rifle Program
pescriDtion of Item Unit Cost Quantity Total
Rifle Conversion Kits $20.00 144 52,880.00
Rifle Bags $50.00 144 57,200.00
Rifle Slings $18.00 144 52,592,00
MagPul Magazines (3 per weapon) $13.00 432 $5,616.00
Good Duty Ammo (approximate) $ ,60 19,160 $1 1,496.00
SHERIFF PROJECT TOTAL 529.784.00
COUNTY OF OAKLAND TOTAL $46.644.00
Project: City of Pontiac — Personnel Acquisition
Desl-ription clf Item Umt Cost Quantity Total
Personnel costs to supplement
anticipated COPS Hirine grant S145,732.00•
CITY OF PONTIAC TOTAL $145.732.00
Project: City of Southfield - Industrial Generator Project
Description of Item Unit Cost Quantity Total
Additional 750 KW Generator Costs:
• Underground Conduits, Electrical
Wiring, Connections and Terminations
locations as directed by
customer)
• Excavation, Restoration & Landscape
Work (for new generator site location)
CITY OF SOUTHFIELD TOTAL
GRAND TOTAL
$88,753.00
S88.753.03
$2_81 1 129 00
Application Number: 2010-H6481-MI-DJ
Intergovernmental Agreement
Between and Among
The County of Oakland
And Various Cities, Villages and Townships
For Application for Federal Bureau of Justice Assistance
Edward Byrne Memorial Justice Assistance Grant Program Funds
This Intergovernmental Agreement (Agreement) is made between and among the governmental
entities, Constitutional and Municipal Corporations in the State of Michigan whose names are
listed in Appendix A. In this Agreement, any reference to a "Party" is a reference to each and
every governmental entity that is identified in Appendix A and any reference to "Parties" is a
reference to all the governmental entities listed in Appendix A.
In consideration of the mutual promises, obligations, representations and assurances in this
Agreement, the Parties agree as follows:
1.. Purpose of Agreement
The Parties to this Agreement are Governmental Entities, including the County of
Oakland and various cities, villages and townships within the County of Oakland, that
have been, are, or may be certified as disparate by the Bureau of Justice Assistance (BJA)
Edward Byrne Justice Assistance Grant (JAG) Program. By entering into this
Agreement, the Parties acknowledge their intention to submit a joint application for the
aggregate JAG Program funds that may be available to them in FY 2010— 2011. In any
Grant application required by the JAG Program, the Parties shall specify the amount of
funds that are to be distributed to each of them and the purposes for which the funds will
be used and their individual and collective intention to comply with any and all Grant
requirements established by the Bureau of Justice Assistance:
2. Definitions
2.1. Agreement means the terms and conditions of this Agreement, any Appendices to
this Agreement, and any other mutually agreed upon written modification,
amendment, or addendum signed by the Parties to this Agreement.
Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance Grant
(JAG) Program means the Grant program of the U.S. Department of Justice,
Office of Justice Programs, Bureau of Justice Assistance, by which Federal funds
are made available to support all components of the criminal justice system, from
multi-jurisdictional drug and gang task forces to crime prevention and domestic
violence programs, courts, corrections, treatment, and justice information sharing
initiatives, as further and more fully defined in the Grant application and other
federal Grant information.
Intergovernmental Atireement
JAG Grant application 6.11.10. 1
Application Number: 2010-116481-MI-DJ
2.3. The Grant or Grant means the funds awarded to the Governmental Entities
pursuant to BJA Grant Application number 2010-116481-MI-DJ submitted to the
Edward Byrne justice Assistance Grant (JAG) Program by the County of Oakland
on behalf of itself and the Governmental Entities identified in Appendix A.
2,4. Disparate Certification
A disparate allocation occurs when a city or municipality is scheduled to receive
one and one-half times (150 percent) more than a county with concurrent
jurisdiction, while that county bears more than 50 percent of the costs associated
with prosecution or incarceration of the municipality's Part 1 violent crime.
Multiple disparate allocations occur when multiple cities or municipalities are
collectively eligible to receive four times (400 percent) more than the county.
JAG disparate jurisdictions are certified by the Director of the Bureau of Justice
Assistance (BJA), based in part on input from the state's Attorney General. As
used in this Agreement, "certified as disparate" means that the Parties to this
Agreement fit the criteria described in this section.
2.5. Claim means any alleged loss, claim, complaint, demand for relief or damages,
cause of action, proceeding, judgment, deficiency, liability, penalty, fine,
htigation. costs, and/or expenses, including, but not limited to, reimbursement for
attorney fees, witness fees, court costs, investigation expenses, litigation
expenses, and amounts paid in settlement, which are imposed on, incurred by, or
asserted against the Fiscal Agent or Governmental Entity, as defined herein,
whether such claim is brought in law, equity, tort, contract, or otherwise.
2.6. Fiscal Agent means the County of Oakland, a constitutional Corporation
i ncluding, but not limited to, it's Board, any and all of its departments, divisions,
elected and appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, volunteers, and/or
any such persons' successors.
2.7. Governmental Entity (or the name of any governmental entity referenced in
Appendix A) each shall be defined to include any and all departments, divisions,
commissioners, elected and appointed officials, boards, councils, directors, board
members, council members, authorities, committees, employees, agents,
subcontractors, volunteers and/or any such persons' successors of the referenced
governmental entity or unit ("Agents").
3. Appendices
3.1. Appendix A; List of Governmental Entities Certified as Disparate by the Bureau
of Justice Assistance for Purposes of Applying for Edward Byrne Justice
Assistance Grant Funds.
3.2. Appendix B: Grant Fund Allocations
3.3. Appendix C: Transfer of Ownership Agreement/Equipment Receipt and
Acceptance for Purchases under CFDA Number 16.738
Intergovernmental Agreement
JAG Grant application 6.11.10.
Application Number: 2010-H6481-M1-DJ
3.4. Appendix Use of the Equipment
3.5. Appendix E: Equipment Request Form
Terms
4.1. Grant Compliance, Each Party agrees that any and all funds granted to it
pursuant to the joint Grant application to the Bureau of Justice Assistance (WA)
Edward Byrne Justice Assistance Grant (JAG) Program shall be used by it only as
described in the Grant application, only according to the provisions in the Grant
agreement and its amendments, if any, and only in a manner that will serve the
purposes defined in the Grant.
4.2. Grant Assurances, Certifications and Audit Requirements. Each Party agrees
that it will comply with any and all standard assurances set forth in the grant
application and grant contract; will conform its behavior to the requirements set
forth in the relevant United States Office of Management and Budget (OMB)
circulars identified in the grant application and grant contract; will remain in
compliance with the Federal requirements regarding lobbying, debarment,
responsibility, drug free environment, and non-discrimination; and, will conduct
such audits as may be required by the grant application, contract and award of
grant funds.
4.3. Intergovernmental Agreement Requirement. The Parties acknowledge that in
order to be eligible for the JAG funds, the Federal Government. and not any
individual Party to this Agreement, requires them to enter into this
Intergovernmental Agreement setting forth their obligations regarding the
management and oversight of Grant funds.
4.4. Intergovernmental Agreement Compliance. The Parties agree to abide by the
terms and conditions set forth in this Intergovernmental Agreement relating to any
and all aspects of the Grant and management of Grant funds, including but not
;imited to: receipt of Grant funds; use of Grant funds; reporting on the use of
Grant funds; and the effectiveness of Grant funds in achieving the purposes for
which they were granted. The Parties shall comply with all other requirements
established now, or in the future, by the BJA and as may be required by the BJA
or the Fiscal Agent to achieve the smooth and efficient administration of the
Grant, including, but not limited to, the timely filing of reports as required by the
}-3ureau of Justice Assistance and management of property and assets acquired
with Grant funds.
4.5. Allocation of Grant Funds. Any funds granted to the Parties by the Department
of Justice under the JAG shall be allocated and expended only as prescribed and
permitted by the JAG Grant. For the grant period 2010-2011, the total Grant
allocation is two hundred eighty one thousand, one hundred twenty nine dollars
($281,129). The sum allocated to each Party is set forth in Appendix B which is
fully incorporated here by reference, and may be expended over the four (4) year
intergovernmental Agreement
JAG Grant application 6.11.10.
Application Number: 2010-1-16481-MI-DJ
grant period which extends through 2013. Any interest earned on funds placed in
the trust fund shall inure to the benefit of the Parties to this Agreement and, unless
the Parties agree otherwise, will be allocated to each Party in an amount
proportionate to that Party's grant.
4.6. Dispersal of Grant Funds. The County agees to act as -Fiscal Agent for any
funds granted to the Parties pursuant to their joint Grant application, including
initial acceptance of funds from the BJA and the dispersal of Grant funds to the
Parties up tc the amounts established by 13JA. The County wig not charge an
administrative fee for acting as Fiscal Agent pursuant to this Agreement. Any
interest earned on funds shall inure to the benefit of the Parties to this Agreement
and, unless the Parties agree otherwise, will be allocated to each Party in an
amount proportionate to that Party's grant,
4.7. Reporting Obligations. Each Party shall be billy responsible for timely
completing any and all compliance reports required by BJA or timely providing
the County with information, in the agreed-upon format, necessary to complete
any and all BJA compliance reports that are or may be required under the Grant.
The Parties agree that given the size of the Grant, the 4 year period in which funds
may bc expended, and the number of Parties involved, providing required
reporting information related to its utilization of Grant funds is the sole
responsibility of each Party. The County agrees that, provided it has received the
required reporting information, it shall be responsible for submitting to BJA any
and all reports and information that may be required in order to fulfill the
conditions of the Grant in a timely manner that fully comports with the
requirements of the Grant. The County will provide reports to the Parties on their
individual and collective expenditure of Grant funds and remaining balance at
least annually.
4.8. Communication Among Parties. Each Party agrees, upon request, to provide
summary information on its compliance with Grant requirements to the other
Parties Grant administrators and to provide the County with other information
that may be required or that the County may request to ensure that the County, as
original recipient of the Grant funds, is able to perform all tasks and activities
necessary to satisfy its obligations as Fiscal Agent under the Grant.
4.9. Equipment and Property Acquisition.
4.9.1, If Grant funds are provided to arty Party to purchase equipment or
property, the County shall be responsible for procuring and paying for the
equipment according to the County's procurement policies or as otherwise
required by the Grant agreement.
4.9.2. Title to the equipment or property shall be transferred to the requesting
Party according to the provisions in Appendix C. Transfer of Ownership
AyreementiEouipment Receipt and Acceptance, which is fully
Intergovernmental Agreriem
SAC5 Grant application 6.1110. 4
Application Number: 2010-116481-MI-DS
incorporated here by reference. The Parties represent and warrant that
only those Agents duly authorized and empowered to transfer or accept
property or equipment on behalf of the County and the Party shall sign the
Transfer of Ownership/Equipment Receipt and Acceptance.
4.9.3, The Governmental Entity agrees that it will refrain from using or
permitting any Agent to use the equipment until the Fiscal Agent has
acknowledged receipt of the Transfer of Ownership
Agreement/Equipment Receipt and Acceptance. Upon transfer of title, the
Party's rights and obligations regarding the property are as described in
Appendix D, which is fully incorporated into this Agreement.
4.9.4, Each Party shall be responsible for creating, maintaining and updating a
list/inventory of all equipment purchased for it with Grant funds,
beginning on the date on which title to the property is transferred to the
Party and endinv, three (3) years after the Grant has expired.
4.9.5. Annually, no later than 30 days following the end of the calendar year.
each Party shall submit an updated report on the property and equipment it
has received under the Grant to the County. The list/inventory shall
include 1) the name of the equipment and any identifying tracking
numbers: 2) the cost of the item; 3) the physical location of the equipment;
and. 4) the condition of the equipment.
4.10. [Tiring Employees. Parties shall complete such reporting requirements as may be
set forth in the grant agreement that will be executed by the County and is the
subject of this intergovernmental agreement. Parties agree to provide, as required
by the Grant agreement, salary certifications and any other detail that may be
required fbr each and every position.
4.11. Duration. Unless terminated according to the provisions of Sections 4.14 or 4.15
or extended by a signed Amendment to this Agreement, this interlocal Agreement
shall expire by its own terms at 11:59:59 on September 30. 2013,
4.12. Office of the Great Seal. The County wEl file a copy of this Agreement with the
Clerk of the County of Oakland and the Office of the Great Seal of the State of
Michigan. as required by MCL 124.510, after it has been approved pursuant to
resolution of the authorized legislative body of each Party, and signed by its
authorized representative.
4.13. Termination for Convenience. This Agreement may be terminated by any Party
provided the Party fully and completely withdraws from participation in the WA
Grant for which this Agreement was developed and executed, and only if it has,
until the date of termination or for any other period required by B,IA, fully
complied with the terms and conditions of the Grant and fulfilled all of its
obligations set forth in the Grant and this Agreement. Termination of this
Imerovernmemai Agreement
JAG Gram application 6.11.10. 5
Application Number: 2010-H6481-M1-DJ
Agreement does not release any Party from any obligations that Party may have to
the Grantor under the Grant application or Grant agreement or as otherwise
required by the BJA.
4.14. Termination for Breach. If a Party is alleged to or fails to comply with the
requirements of the alA regarding the Grant, or is alleged to or fails to comply
with Inc terms of this Agreement, the remaining Parties to this Agreement may
terminate their Agreement with the non-compliant Party and continue this
Agreement among themselves, A Party who is non-compliant with the Grant
requirements assumes sole risk and liability for its non-compliance including
liability for any penalties that may be imposed by the BJA or other department or
agency of the Federal Government because of its alleged non-compliance. The
non-compliant Party agrees that it will refrain from any actions to shill or assign
liability or responsibility for its non-compliance onto other Parties to this
Agreement,
4J5. Non-Supplanting. Each Party, by entering into this Agreement, warrants and
represents that the funds for which the County will apply on behalf of all of the
Parties will not supplant or replace other state or local funding allocated to cover
the identified services.
4.:6. Other Grant Warranties. Each Party entering into this Agreement warrants and
certifies that it is in compliance with the warranties and certifications required in
the Grant application and authorizes the County to make such warranties and
certifications on its behalf. Each Party will fully comply with the wammties and
certifications throughout the term of the Grant and this Agreement.
4.17. No Employee-Employer Relationship. Nothing in this Agreement shall be
construed as creating an employer-employee relationship between any Party
(including any of its Agents), and any other Party (including any of its Agents),
4.18. No Indemnification. Each Party shall be responsible for its own acts and/or
omissions and the acts and/or omissions of its Agents. Nothing in this Agreement
shall be construed as creating an obligation to indemnify or defend any other
Party or Parties for any claim, damage or liability arising out of or stemming from
any act or action of any Party, including, but not limited to the use of Grant funds
pursuant to this Agreement.
4.19. No Third Party Beneficiaries. Except as provided for the benefit of the Parties,
this Agreement does not and is not intended to create any obligation, duty,
promise, contractual right or benefit, right to indemnification, right to subrogation
and/or any other right in favor of any other person or entity.
4.20. Reservation of Rights. This Agreement does not, and is not intended to impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal
right, privilege, power, obligation, duty or immunity of the Parties. Nothing in
Interg(nernmental Agreement
JAG Grant application 611.10. 6
Application Number: 2010-H6481-MI-DJ
this Agreement shall be construed as a waiver of governmental immunity.
4.21, Agreement Modifications or Amendments. Any modifications, amendments,
recessions, waivers, or releases to this Agreement must be in writing and agreed
to by the Parties.
4.22. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party
to pursue or enforce any rights or remedies under this Agreement shall constitute
a waiver of those rights with regard to any existing or subsequent breach of this
Agreement. No waiver of any term, condition, or provision of this Agreement,
whether by conduct or otherwise, in one or more instances, shall be deemed or
construed as a continuing waiver of any term, condition, or provision of this
Agreement. No wavier by any Party shall subsequently affect its right to require
strict performance of this Agreement.
4.23. Severability. If a court of competent jurisdiction finds a term or condition of this
Agreement to be illegal or invalid, then the term or condition shall be deemed
severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force and effect.
4.24. Discrimination. The Parties shall not discriminate against their employees,
agents. applicants for employment, or another person or entities with respect to
hire, tenure, terms, conditions, and privileges of employment, or any matter
directly or indirectly related to employment in violation of any federal, state or
local law.
4.25. Permits and Licenses. Each party shall be responsible for obtaining and
maintaining, throughout the term of this Agreement, all licenses, permits.
certificates, and governmental authorizations necessary to carry out its obligations
and duties pursuant to this Agreement.
4.26. Delegation/Subcontract/Assignment, No Party shall delegate, subcontract,
and/or assign any obligations or rights under this Agreement without the prior
written consent of the BJA Edward Byrne Justice Assistance Grant (JAG)
Program and notice of such consent to the Fiscal Agent.
4.27. Survival of Terms, The following sections shall survive termination of this
Agreement: Grant Compliance; Reporting Obligations; Reservation of Rights;
Governing Law; Sevetability; No Indemnification; Equipment and Property
Acquisition; Full Compliance and Survival of Terms.
4.28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same
instrument.
4.29. Knowledge of Terms and Conditions. Each Party has fiilly reviewed the terms,
Intergovernmental Agreement
JAG Grant application 6.11.10. 7
Application Number: 2010-1-16481-MI-DJ
conditions and requirements of the Grant and this Agreement and accepts that the
obligations set forth in those terms, conditions and req -airements apply fully and
completely to it regardless of the amount of its individual Grant or its percentage
of the full dollar amount granted by 13JA to the entities listed in Appendix A.
Each Party acknowledges its obligation to fulfill those conditions, requirements
and obligations in order to ensure compliance with Grant requirements. A Party
who fails to fulfill those terms, conditions and requirements will also be in breach
of this Agreement.
4.30. Full Compliance. Each Party shall use its best efforts to ensure that t has fully
complied with all Grant requirements and agrees that its full compliance is
necessary in order to ensure that all other Parties are not subject to any penalty as
a result of a Party's failure to fully comply with the Grant requirements. Each
Party shall bear its own risk of grant-related penalties up to and including
debarment in the event that the BJA determines that the Party has misused granted
funds or failed to abide by the terms and conditions of the Grant Agreement or if
the BJA determines that the Party's representations made in preparation of the
Grant application or acceptance of the Grant Agreement regarding, by way of
example and not limitation, lobbying, supplanting and compliance with other
federal regulations require, in the BJA's opinion, a penalty.
4.31. Notice. Notices given under this Agreement shall be in writing and shall be
personally delivered, sent by express delivery service, certified mail, or first class
U.S. mail, postage prepaid and addressed to the contact persons listed in
Appendix A. Notice will be deemed given on the date when one of the following
first occurs: 1) the date of actual receipt; 2) the next business day when notice is
sent express delivery service or personal delivery: Or 3) three days after mailing
first class or certified U.S. mail. A Party may change the contact person by
notifying the other Parties in writing.
4,32. Governing Law. This Agreement shall be governed, interpreted and enforced by
the laws of the State of Michigan.
4.33. The Parties have taken all actions and secured all approvals necessary to authorize
and complete this Agreement. The persons signing this Agreement on behalf of
each Party have legal authority to sign this Agreement and bind the Parties to the
terms and conditions contained here.
4.34. Entire Agreement. This Agreement represents the entire Agreement between the
Parties for JAG grant applications for fiscal year 2010 —2011 and supersedes all
other Agreements between the Parties governing the matters described here,
limited to JAG Grant Application Number 20104-16481-MI-DJ, for fiscal year
2010 — 2011. Notwithstanding the preceding sentence, this intergovernmental
agreement does not supersede any intergovernmental agreements entered into by
the Parties for purposes of applying for JAG grants made available under the
America Recovery and Reinvestment Act of 2009. The language of this
Interawernmental Agreement
JAG Oran: application 6:1: .1C. 8
(417)/0
Date
For the City of:
P _
(prin(narne) FR 1,
Application Number: 2010-1-16481-MI-DJ
Agreement shall be construed as a whole according to its fair meaning, and not
construed strictly for or against any Party.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, pursuant to the requirements of the Edward Byrne Justice Assistance Grant (JAG)
Program that, in order to make application for Grant funds that may be available, the Parties
enter into this Agreement.
For the City tpf: es34;'e,
(print name) Date
Intergovernmental Agreement
JAG Grant application 6.11.10. 9
For,the City of Sout4field:
renda L. Lawrence, Mayor
Application Number: 2010-116481-M1-W
Agreement shall be construed as a whole according to its fair meaning, and not
construed strictly for or against any Party.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, pursuant to the requirements of the Edward Byrne Justice Assistance Grant (JAG)
Program that, in order to make application for Grant funds that may be available, the Parties
enter into this Agreement.
00- lq
Date
Nancy L.M. Bs, City Clerk Date
Intergovernmental Agreement
JAG Grant application 6_11.10. 9
Application Number: 2010-H6481-MI-DJ
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement. pursuant to the requirements of the Edward Byrne Justice Assistance Grant (JAG)
Program that, in order to make application for Grant funds that may be available. the Parties
enter into this Agreement.
For the County of Oakland:
p u_,Le,A_Ajct_ IAN
(print name)-111..)---)UkAWQn .-I it. Date
Intergovernmental Asreenicin
JAC; Grant application 6:11.10. 10
State
MI
MI
Ml
Jurisdiction Name
OAKLAND COUNTY
PONTIAC CITY
SOUTHFIELD CITY
Contact
Gaia Piir
Sergeant Robert Ford
Sergeant Michele Kuzila
Application Number: 2010-H6481-MI-DJ
Appendix A
List of Governmental Entities Certified as Disparate by the Bureau of Justice Assistance
for Purposes of Applying for Edward Byrne Justice Assistance Grant Funds
Intergovernmental Ap2.reement
JAG Grant application 6. I 1 1
Application Number: 2010-H6481-MI-DJ
Appendix B
Grant Fund Allocations
Allocation
Jurisdiction Name
OAKLAND COUNTY S46,644
PON IAC CITY S145.732
SOUTHFIELD CITY S88,753
TOTAL $281.129
Intergovernmental Agreement
JAG Giant application 6.11.10. 1")
Application Number: 2010-H6481-MI-DJ
Appendix C
TRANSFER OF OWNERSHIP AGREEMENT/EQUIPMENT RECEIPT AND
ACCEPTANCE
FOR PURCHASES UNDER CFDA NUMBER 16.738
This Transfer of Ownership Agreement ("Ownership Agreement -) is executed by and between
the County of Oakland, 1200 North Telegraph Road, Pontiac, Michigan 48341 (Fiscal Agent)
and (Insert name and address of Governmental Entity) (Governmental Entity) on (insert
date),
In consideration of the mutual promises, obligations, representations, and assurances in this
Ownership Agreement, the Fiscal Agent and Governmental Entity agree to the following terms
and conditions:
1. Definitions.
1.1. Ownership Agreement means the terms and conditions of this Ownership
Agreement and any other mutually agreed to written and executed modification,
amendment, or addendum.
Claim means any alleged loss, claim, complaint, demand for relief or damages, cause
of action. proceeding. judgment, deficiency, liability, penalty, fine, litigation. costs.
andlor expenses. including, but not limited to, reimbursement for attorney fees.
witness fees, court costs, investigation expenses, litigation expenses, and amounts
paid in settlement, which are imposed on, incurred by. or asserted against the Fiscal
Agent and Governmental Entity, as defined herein, whether such claim is brought in
law or equity, tort, contract, or otherwise.
1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.4. Equipment means the equipment purchased with Grant Program funds which is
listed and described in Section 2 of this Ownership Agreement.
1.5. Fiscal Agent means Oakland County, a Constitutional Corporation including, but not
limited to, its Board, any and all of its departments, divisions, elected and appointed
officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, volunteers, and/or any such persons successors.
1.6. Governmental Entity , means the , a Michigan Municipal Corporation,
including any and all departments, divisions, commissionas, elected and appointed
officials, boards, councils, directors, board members, council members,
commissioners, authorities, committees, employees, agents, subcontractors,
volunteers and/or any such persons' successors of the refëreneed governmental entity
Intergovcrnmental Agrectner.t
JAG Grant application 6.11.10. 13
21
Application Number: 2010-H648 l -MI-DJ
or unit (Agents).
2. Transfer of Title,
Pursuant to the Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance
Grant (JAG) Program Intergovernmental Agreement, the Fiscal Agent purchased the
following Equipment with Bureau of Justice Assistance (BJA) Edward Byrne Justice
Assistance Grant (JAG) Program funds as directed by the Governmental Entity:
2.1.1, [List Equipment Purchased, including model and serial numbers]
The Fiscal Agent grants all right, title, and interest in and to the Equipment to the
Governmental Entity.
3. Acceptance of Equipment.
31 By signing this Ownership Agreement, the Governmental Entity accepts the
Equipment in its current condition, "AS IS -, and acknowledges that it had an
opportunity to inspect the Equipment.
4. Fiscal Agent Assurances. The Fiscal Agent represents the following:
4.1. The Fiscal Agent has full right and title to transfer ownership of the Equipment to the
Governmental Entity.
4.2. The Fiscal Agent has no knowledge of any judgments, liens, mortgages, pledges,
claims, rights, security, interests, encumbrances, or any other adverse interests against
the Equipment.
4.3. To the extent possible, the Fiscal Agent transfers all warranties to the Equipment to
the Governmental Entity.
5. Governmental Entity Responsibilities.
5.1. Upon execution of this Ownership Agreement the Governmental Entity shall be
solely responsible for the Equipment. including but not limited to the following:
5.1.1. Operating the equipment;
512. Maintaining and repairing the equipment;
513. Replacing or repairing equipment which is willfully or negligently lost, stolen,
damaged, or destroyed;
5.1.4. Investigating, documenting, and including information regarding any loss,
damage or theft of equipment in the official Grant Program records;
5.1.5. Insuring the equipment if required by law or if the Governmental Entity deems it
appropriate in its discretion;
Intergovernmental Agreement 14 JACt Grant application 6.11,10.
Application Number: 2010-H6481-MI-DJ
5,1.6, Training for use of the equipment, if training is not included with the purchase of
the equipment; and
5.1,7. Assuming Liability for all Claims arising out of the Governmental Entity's use of
the equipment.
5.2. The Governmental Entity shall comply with and shall use the Equipment in
accordance with the Bureau of Justice Assistance (BJA) Edward Byrne Justice
Assistance Grant (JAG) Program and the associated Intergovernmental Agreement
5.3. The Governmental Entity shall keep the Fiscal Agent informed of the location of the
Equipment. If the Equipment by its nature is mobile, the Governmental Entity must
provide a genera] location or "home-base" where the Equipment can be found. If the
location of the Equipment changes, the Governmental Entity shall provide the new
location to the 'Fiscal Agent immediately. The information required by this Section
shall be provided to the Fiscal Agent upon execution of this Ownership Agreement
and continue until three (3) years after the close of this Grant Program.
5.4. The Governmental Entity shall list all Equipment transferred to it pursuant to this
Ownership Agreement on its Schedule of Expenditures of Federal Awards.
5.5. Except thr Equipment that is disposable or expendable, the Governmental Entity shall
inform the Fiscal Agent if it plans to dispose of the Equipment and work with the
Fiscal Agent regarding any issues associated with disposal of the Equipment.
5.6. The Governmental Entity shall be solely responsible for all costs, fines, and fees
associated with the use and misuse of the Equipment, including but not limited to,
costs for replacing the Equipment or costs, fines. or fees associated with an ineligible
use determination by auditors.
5.7. The Governmental Entity shall make any Equipment purchased with grant funds
available for inspection to the Fiscal Agent and State and Federal Auditors upon
request.
6. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this
Ownership Agreement does not and is not intended to create any obligation, duty, promise,
contractual right or benefit, right to indemnification, right to subrogation, and/or any other
right, in favor of any other person or entity.
7. Discrimination. The Parties shall not discriminate against their employees, agents,
applicants for employment, or another persons or entities with respect to hire, tenure, terms,
conditions, and privileges of employment, or any matter directly or indirectly related to
employment in violation of any federal, state or local law.
8. Permits and Licenses. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Ownership Agreement, all licenses, permits, certificates, and
governmental authorizations necessary to carry out its obligations and duties pursuant to this
Ownership Agreement.
Inter2overriniental Agreement 15 JAG Grant application 611.10.
Application Number: 2010-H6481-MI-DJ
9. Reservation of Rights. This Ownership Agreement does not, and is not intended to waive,
impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right,
privilege, power, obligation, duty, or immunity of the Parties.
10, Delegation/Subcontract/Assignment. Neither Party shall delegate, subcontract, and/or
assign any obligations or rights under this Ownership Agreement without the prior written
consent of the other Party.
11. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue
or enforce any rights or remedies under this Ownership Agreement shall constitute a waiver
of those rights with regard to any existing or subsequent breach of this Ownership
Agreement. No waiver of any term, condition, or provision of this Ownership Agreement,
whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a
continuing waiver of any term, condition, or provision of this Ownership Agreement. No
waiver by either Party shall subsequently affect its right to require strict performance of this
Ownership Agreement.
12. Severabilitv, If a court of competent jurisdiction finds a term, or condition, of this
Ownership Agreement to be illegal or invalid, then the term, or condition, shall be deemed
severed from this Ownership Agreement. All other terms, conditions, and provisions of this
Ownership Agreement shall remain in full force.
13. Captions. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Ownership Agreement are intended for the convenience of the
reader and are not intended to have any substantive meaning. The numbers, captions. and
indexes shall not be interpreted or be considered as part of this Ownership Agreement. Any
use of a word's singular or plural, any reference to male, female, or neuter genders, and
possessive case in this Ownership Agreement shall be deemed the appropriate plurality,
gender or case as the context requires.
14, Notices, Notices given under this Ownership Agreement shall be in writing and shall be
personally delivered, sent by express delivery service, certified mail, or first class U.S. mail
postage prepaid. and addressed to the person listed below. Notice will be deemed given on
the date when one of the following first occur: (1) the date of actual receipt; (2) the next
business day when notice is sent express delivery service or personal delivery; or (3) three
days after mailing first class or certified U.S. mail.
14.1. If notice is sent to the Fiscal Agent, it shall be addressed and sent to: Oakland County
Board of Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan
48341, and to Oakland County Fiscal Services, Grant Administrator, 1200 N.
Telegraph Dept 410, Building 47 West, Pontiac, Michigan 48341,
14,2. If notice is sent to the Governmental Entity, it shall be addressed to:
14.3. Either Party may change the address and/or individual to which notice is sent by
notifying the other Party in writing of the change.
Intergovernmental Agreement
JAG Grant application 6.1 I .:0. i6
Application Number: 2010-H6481-MI-DJ
15. Governing Law. This Ownership Agreement shall be governed, interpreted, and enforced
by the laws of the State of Michigan.
16. Agreement Modifications or Amendments. Any modifications_ amendments, recessions,
waivers, or releases to this Ownership Agreement must be in writing and executed to by both
Parties.
17. Entire Agreement. This Ownership Agreement represents the entire agreement and
understanding between the Parties. This Ownership Agreement supersedes all other oral or
written agreements between the Parties. The language of this Ownership Agreement shall be
construed as a whole according to its fair meaning, and not construed strictly for or against
any Party.
The individual or official executing this Ownership Agreement certifies that by his or her
signature that he or she is authorized to sign this Ownership Agreement and bind the Fiscal
Agent and Governmental Entity to the terms and conditions of this Ownership Agreement.
Fiscal Agent: The County of Oakland
Date
Governmental Entity: IInsert Name]
Date
Intergovunmental Aueement
JAG Grant application 6.11.10. 17
Application Number: 2010-H6481-MI-DJ
Appendix D
Use of Equipment and Property
1. Upon execution of the Transfer of Ownership Agreement/Equipment Receipt and
Acceptance, the Governmental Entity shall be solely responsible for the equipment. including
but not limited to the following:
1.1. Operating the equipment;
1.2. Maintaining and repairing the equipment:
1.3. Replacing or repairing equipment which is willfully or negligently lost, stolen,
damaged, or destroyed:
1.4. Investigating, documenting, and including information regarding any loss, damage or
theft of equipment in the official Grant Program records;
1.5. Insuring the equipment if required by law or if the Governmental Entity deems it
appropriate in its discretion;
1.6. Training for use of the equipment, if training is not included with the purchase of the
equipment: and
1.7. Assuming Liability for all Claims arising out of the Governmental Entity's use of the
equipment.
1.8. Complying with and using the equipment in accordance with the BJA Edward Byrne
Justice Assistance Grant (JAG) Program Guidance.
2. The Governmental Entity shall keep the Fiscal Agent informed of the location of the
equipment. If the equipment by its nature is mobile, the Governmental Entity must provide a
general location or "home-base - where the equipment can be found. If the location of the
equipment changes, the Governmental Entity shall provide the new location to the Fiscal
Agent immediately. The information required by this Section shall be provided to the Fiscal
Agent upon execution of the Transfer Ownership Agreement and continue until three (3)
years after the close of this Grant Program.
3, The Governmental Entity shall list all equipment transferred to it pursuant to the Transfer
Ownership Agreement on its Schedule of Expenditures of Federal Awards.
4. Except for equipment that is disposable or expendable, the Governmental Entity shall inform
the Fiscal Agent if it plans to dispose of the equipment and work with the Fiscal Agent
regarding any issues associated with disposal of the equipment.
5. The Governmental Entity shall be solely responsible for all costs, tines, and tees associated
with the use and misuse of the equipment, including but not limited to, costs for replacing the
equipment or costs, fines, or fees associated with an ineligible use determination by auditors.
6. The Governmental Entity shall make any Equipment purchased with grant funds available for
inspection to the Fiscal Agent and State and Federal Auditors upon request.
Intergovernmental Agreement
JAG Grant application 6.11.10. 18
Department Program Account Grant # Bud Op
Ref Unit
Fund PCBU Activity
Application Number: 2010-H6481-MI-DJ
Appendix E
2010 Justice Assistance Grant (JAG) Program
Purchase Request Form
Above is for Fiscal Agent use
Agency Information
Agency Name
Agency Contact
Contact Phone
Contact e-mail
Equipment Information
Type of Equipment
Delivery Information
Contact Name
Delivery Location
Street Address
City, State, ZIP
Contact phone #
Contact e-mail
Potential Vendor Information
i Suggested Vendor
Street Address
City. State, ZIP
Vendor Contact
, Contact Phone
Intergmernmemal Agreement
JAG Grant application 6.11.10. 19
Application Number: 2010-1-1648
Project Description:
Quantity desired
Cost each
Total cost
Instructions:
• Use this form for all equipment requests from the 2009 Justice Assistance Grant (JAG)
Program.
• Please fill out all requested intbrmation. Requests cannot be processed without all of the
requested information.
• Do not include separate projects on the same form. Multiple equipment pieces that work
together may be placed on the same form.
• Please be as thorough as possible when describing the equipment and services to be
procured.
Note: Per Oakland County policy, vendors may not be awarded or benefit from a contract in
which they played a rote in the project development.
Imergovernmental Agreement
JAG Grant applicatior. 6.11.10. 20
'
FISCAL NOTE (MISC. #10160 Juiy 7, 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE, CIRCUIT COURT AND CHILDREN'S
VILLAGE — 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM - INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemer:
Pursuant to Rule XII-C of this Boaro, the Finance Committee has reviewed the above referenced
resolution and finds-
1 Oakland County, along with the City of Pontiac and City of Southfield, has been
allocated $281,129 and has applied to the U.S. Department of Justice, Office of
Justice Programs for funding under the 20 -',0 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program,
2. The grant funding period is October 1, 2009 through September 30, 2013.
3. The grant appEcation requires the adoption of an intergovernmental agreement
between Oakland County and the local unIts of governrnert applying for this grant.
4. The State statute (MCL) 45.556P) states that the Board of Commissioners has the
authority to enter into agreements with other governmental or quasi-governmental
entites.
5. An intergovernmental agreement between Oakland County, City of Pontiac and the
City of Southfield is included as part of the application packet.
6. The funding is based on Federal allocation and is distributed as follows: Oakland
County $46,644 (Sheriff $29,784, Circuit Court $4,860, Children's Village $12,000),
City of Pontiac $145,732 and City of Southfield $88,753.
7. There is ro grant match requirement.
8. Oakland County has been elected to serve as fiduciary and lead agency for the entire
award.
9. Total funding of $281,129 will be given to Oakland County to acquire equipment for
the County departments and City of Southfield. The City of Pontiac is planning to
acquire personnel as detailed in the narrative and budget portions of the application.
All equipment purchased with the grant funds will be delivered to the individual
requesting party.
10. Title tc the equipment, unless otherwise required by the conditions of the grant, will
transfer to the requesting party upon delivery.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Gingen
and Taub absent.
I EBY Amoll Ilk r:JING RESOLUTION
7 /1 )1)0
Resolution #10160 July 7,2010
Moved by Middleton supported by Coleman the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted.
AYES: Bums, Capelfo, Coleman, Coulter, Douglas, Gingell, Gosselin, Greirriel, Hatchet(
Jackson, Jacobsen, Long, McGillivray, Middleton, Potts, Runestad, Schwartz, Scott, Taub,
Woodward, Zack, Bullard. (22)
NAYS; None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted,
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 July 7,
2010, 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 7th day of July, 2010.
eat
Ruth Johnson, County Clerk