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HomeMy WebLinkAboutResolutions - 2011.08.31 - 18717August 31, 2011 rVIISCELLANEOUS RESOLUTION #11195 BY: Public Services Committee, Jim Runestad, Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFFS OFFICE AND COMMUNITY CORRECTIONS — 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM INTERGOVERNMENTAL AGREEMENT AND REVISED GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff's Office and Community Corrections, along with the City of Pontiac and City of Southfield, have been allocated $208,894 and have submitted an application to the U.S. Department of Justice, Office of Justice Programs for funding under the 2011 Edward Byrne Memorial Justice Assistance (JAG) Program for the period of October 1, 2010 through September 30, 2014; and WHEREAS a joint application between Oakland County, City of Pontiac and City of Southfield is required; and WHEREAS the funding is based on Federal allocation and is distributed as follows: Oakland County $33,180; City of Pontiac (via Sheriff's Office) $121,903 and City of Southfield $53,811. There is no grant match requirement; and WHEREAS the original grant application provided to the Board of Commissioners on July 21, 2011 as an informational item included a project for Children's Village which was subsequently denied by the U.S. Department of Justice and replaced with a Sheriff's Office project to purchase cell extraction equipment; WHEREAS the grant application requires the adoption of an intergovernmental agreement between Oakland County and the local units of government; and WHEREAS an agreement has been drafted (as attached) by Oakland County Corporation Counsel and signed by the local juridietions; 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 elected to serve as fiduciary and lead agency for the entire award. 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 call vote tiaia From: Sent: To: Subject: Attachments: Piir, Gaia <olirg©cakgov.com > Wednesday, July 20, 2011 2:18 PM Joanna'; 'Pisacreta, Antonio': 'Hanke.y, Barb'; 'Gaff, Robert', Linda Pearson; 'Cunningham, Dale': Malone, Prentiss GRANT REVIEW SIGN OFF - Children's Village, Community Corrections and Sheriffs Office - 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Application and Intergovernmental Agreement Grant App sign off pko.pdf GRANT REVIEW SIGN OFF — Children's Village, Community Corrections and Sheriff's Office GRANT NAME: 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FUNDING AGENCY: U.S. Department of Justice DEPARTMENT CONTACT PERSON: Gala Phi (248) 858-1037 STATUS: Application and intergovernmental Agreement DATE: July 20, 2011 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. 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 Department of Management and Budget: Approved.— Laurie Van Pelt (7/14/2011) Department of Human Resources: Approved. — Karen Jones (7/14/2011) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (7/19/2011) Corporation Counsel: There appear to be no unresolved legal issues that require action at this time, — Karen P. Agacinski (7/18/2011) 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 Office of Management and Budget (OMB) Circular No. A-21, A-87, A-102, A-110, A-122 and A-133 ll.tto://www.whitehouse„v,ov/ornbiciradarsiinciex.html APPLICATION FOR 12. DATE SUBMITTED FEDERAL ASSISTANCE Applicant identifier 1. TYPE OF SUBMISSION 13. DATE RECEIVED BY 1STATE State Application Identifier Application Non-Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5APPLICANT INFORMATION Legal Name Oakland County Address 1200 N Telegraph Road Courthouse Building 412 East - [Pontiac, Michigan 4834 1-0403 6. EMPLOYER IDENTIFICATION NUMBER (FIN) 38-6004900 8. TYPE OF APPLICATION New 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 16.738 CFDA EDWARD BYRNE MEMORIAL JUSTICE TITLE: ASSISTANCE GRANT PROGRAM 12. AREAS AFFECTED BY PROJECT [Name and telephone number of the !person to be contacted on matters iinvolving this application IPiir, Gaia l(248) 858-1037 17. TYPE OF APPLICANT 1 County 9. NAME OF FEDERAL AGENCY Bureau of Justice Assistance 11. DESCRIPTIVE "IITLE OF APPLICANT'S PROJECT snet-K+ - Fltaprnetif; County of Oakland: Child 411age: .1.acstallation of a Pcdetttriftft-Doecr7 • Community Corrections Security Personnel, City of Pontiac (via Oakland County Sheriffs Office) Equipment Acquisition, City of Southfield Civic, Center Campus Security System The geographic jurisdictions of the City of Pontiac, City of Southfield and the County of Oakland, Michigan. Federal 13. PROPOSED PROJECT Start Date: October 01, 2010 End Date: September 30, 2014 15. ESTIMATED FUNDING 5208,894 14. CONGRESSIONAL DISTRICTS OF a. Applicant b. Project MI08 MI09 Mill MI12 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE http s://grants.ojp.usdoj .gov/gmsexternaliapplicationReview.do?print=yes • 7/14/2011 Applicant State SO $0 SO $0 ORDER 12372 PROCESS? This preapplication/application was made available to the state executive order 12372 process for review on 07/21/2011 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. https://aants.ojp.usdoj.g,ovlansexternallappli cationReview.do?print-=--\,,-:es 7/14/2011 NOTE: You must click on the "Accept" button at the bottom of the page before closing this window OMB APPROVAL NUMBER 1121-0140 EXPIRES 12/3112012 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including. OMB Circulars A-21, A-87, A-102, A-110, A-122, A-133; 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 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, arid 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 will comply With ail 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. § 175.15(b). 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 Crime 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 arid Delinquency Prevention Act of 2002 (42 U.S.C. § 5372(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683,1685-86); and the Age Discrimination Act of 1976 (42 U.S.C. §§ 6101-07); 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 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. ACC:eat ;l• litips://grants.oj p.usdoj QV/ ay.As surancesTextActi on. st?na ethod—asstre... 7/140011 NOTE: You must click on the "Accept" button at the bottom of the page before closing tb s window h1>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 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. Acceptance of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "DOJ Implementation of OMB Guidance of Nonprocurement 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 8100,000, 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. 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, suspended, proposed for debarment; declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and htipsiluants.ojp.uscloj.LiOvic.4msexternalidisplayAssurancesTextAction.st ?method—cc.-Ttify... 7114/2011 (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. B. Where the applicant is unable to certify to any of the statements in this certification, he or 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, Subpart F, for grantees, as defined at 28 CFR Sections 83.620 and 83.650: A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the 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 maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, 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 employee 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 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, 810 7th Street, NW., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) 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 (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 health, 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), (b), (c), (d), (e), and (f). lartps ://gr ants . oj p d oj . go vlgrasextem /d ispIay As suran cesTextA eti on. st?in etho ertify... 7/14/2011 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. AcceD: https ://grants oj p. us doj gov/gmsextem alid ispl ayAssur an cesTextAction. si?method—c erti fy... 7/14/20 11 OAKLAND COUNTY FY 2011 JAG - Application 2011-H4612-MI-DJ Project Narrative — Attachment 1 Project: County of Oakland - Sheriff's Office Equipment Acquisition — Cell Extraction The Cell Extraction Team is a highly trained core of Correctional Officers that are qualified to provide effective 'removal of non-compliant inmates from their cells or vehicles and also escort violent inmates to and from the hospital or the court house. The team was formed to extract inmates displaying violent tendencies from holding cells with minimal danger to the deputies and surrounding inmates.. They use special teclmiques and equipment to enter a cell and restrain a combative inmate using the least amount of force necessary. • This project is requested due to the need to increase the safety and security of the Cell Extraction Team. The hoods, coveralls, and pants provide safety from foreign objects and blood-borne pathogens. This hook-on equipment, duty belts and keepers are tactical rated, replacing the outdated equipment currently in use. This equipment provides a tactical edge which is a crucial factor for officers responding to hostile situations. The goal and objective of this project is to purchase 60 hoods; 480 hook-on equipment, 80 belts, 100 keepers, 14 cases of overalls, and 120 pair of Tru-Spec pants to enhance officer's safety when responding. Project: County of Oakland — Community Corrections Security Personnel Oakland County Community Corrections Division, in collaboration viith the Oakland County Substance Abuse Office and Community Mental Health offers an extensive array of program services for offenders and their families via our Step Forward program. Step Forward utilizes the day reporting center concept and is designed to accommodate offenders and their work shifts while ensuring public safety through intensive supervision services which include: Substance abuse counseling and treatment groups, mental health group and individual counseling, case management services, women in crisis groups, dual diagnosis treatment, cognitive restructuring, relapse preventions workshops, domestic violence groups and anger management counseling. In order to accommodate the array of court ordered clients and their work schedules, Oakland County Community Corrections' Step Forward program office hours are from 8:00am until 7:30pm on Monday through Thursday and 8:00a.m until 5:00pm on Friday. Oakland County Community Corrections offices are located in the Oakland Pointe office complex on Elizabeth Lake Road in Pontiac. During the past several months, the County has erected a "connector" structure that attaches the building where we and two other Oakland County departments are housed with the Oakland County Friend of the Court facility. When the "connector" opens on Monday, June 13, 2011, everyone entering will have to go through a security cheek station staffed by Oakland County Sheriff Deputies before proceeding to their destination. Of course, all Community Corrections clients will go through this new security check point. However, the "connector" will only be staffed by Sheriff Deputies on weekdays during normal business hours, 7:30am until 5:00prn on Monday through Friday. We are seeking the funding through this 2011 JAG grant to pay for one PINE Oakland County Sheriff Deputy to work past the nomial stop time of 5:00pm on Monday through Thursday and instead work until our Step Forward Program ends at 7:30pm on those days. By providing this extra coverage, all Step Forward clients will be subjected to a seceurity screening before meeting with Step Forward staff and counselors which will help to ensure the safety of our Step Forward staff, other providers as well as each and every of our Step Forward Program clients. A PTNE Sheriff Deputy is paid approximately 816/hour. In order to accommodate our request to have one PINE Oakland County Sheriff Deputy work from 5:00pm until 7:30pm on Monday through Thursday to conduct security screenings on all Step Forward Program visitors beginning December 1, 2011 through the end of this grant period, September 30, 2014 requires $160/weck (816/hr x 2.5 hours/day (5:00pm-7:30pin) x 4 days/week). Thus our request for two years (104 weeks) and ten months (44 weeks) which totals 148 weeks equals 823,680. Project: City of Pontiac (via Oakland County Sheriff's Office) — Equipment Acquisition Pursuant to an intergovernmental agreement, Oakland County, through its Sheriffs Department, has agreed to provide law enforcement services for the City of Pontiac (Pontiac). The intergovernmental agreement sets forth the duties of the County and Pontiac and the fees Pontiac shall pay for such services. In addition, by-this Intergovernmental Agreement, Pontiac authorizes and the County agrees to assume responsibility for making application for the JAG grant on behalf of Pontiac. The County shall be solely responsible for identifying how JAG grant funds allocated to Pontiac should be used for Pontiac law enforcement purposes. Equipment needed for Pontiac police services includes band guns, bulletproof vests and lasers. Project: City of Smithfield — Civic Center Campus Surveillance System in 2001, the City of Southfield (MI) initiated target hardening efforts throughout the municipal's civic center campus. The campus facilities and structures include city hall, police department, 46 th District Court building, municipal offices, library, pavilion, sports arena, swimming pool, baseball diamonds, tennis and handball courts, beach volleyball, playscape, park/picnic/nature areas, and a golf course. Outside and underground parking facilities for these areas accommodate approximately 1,130 vehicles. A city vehicle fueling station is located on this property as well. The Southfield Civic Center campus has the potential to attract criminal and terrorist activities due to the large volume of visitors and vehicles, the vast array of cultural, community and recreational' events, and the on-site „fueling station. The Southfield Pavilion hosts 23 significant events annually with attendance rates of up to 4,000 participants. The City is committed to maintaining the safety and well-being of visitors and employees on its properties. With this in mind, it is imperative that the City of Southfield continue to improve, update and expand upon the chnent surveillance camera system. The police department will utilize grant funds to update the existing exterior surveillance cameras located at the police department, district court, library, and sports arena with CUlTent technologies. Furthermore, surveillance coverage will be added to and/or expanded to the following areas, but not necessarily limited to: the public underground parking facility, baseball diamonds, tennis courts, and swimming pool. Recognizing that the total project costs will exceed the City of Southfield grant award for the 201 1 Edward Byrne Memorial Justice Assistance Grant, the City will utilize local funding options to absorb the remaining project costs. OAKLAND COUNTY FY 2011 JAG - Application 2011-H4612-MI-DJ Project Budget — Attachment 2 Project: County of Oakland - Sheriff's Office Equipment Acquisition — Cell Extraction Description of Item Unit Cost Quantity Total Under Armour Heatgear Tactical Hoods Black $19.95 60 $1,197.00 Military Hook-On Blouser $.90 480 8432.00 Tru-Spec Deluxe Duty Belt S11.70 80 8936.00 Tru-Spec Heavy Duty Belt Keepers . (4 pack) 84.64 100 8464.00 Tychem QC 2X Coveralls $170.00 4 cases $680.00 Tychem QC 3X Coveralls $180.00 4 cases $720.00 Tychem QC 4X Coveralls $194.00 4 cases 8776.00 Tychem QC 5X Coveralls 8210.00 2 cases $420.00 Tru-Spec 7 Pocket Tactical 65/35 Vat Dyed Polyester cotton Pants PROJECT TOTAL $32.29 120 83,875.00 $9,500.00 Project: County of Oakland — Community Corrections - Security Personnel Description of Item Unit Cost Quantity Total PTNE Sheriff Deputy Dec 1.2011 — Sept 30, 2014 $16/hr $23,680.00 COMMUNITY CORRECTIONS PROJECT TOTAL $23,680.00 COUNTY OF OAKLAND TOTAL 833,180.00 Project: City of Pontiac (via Oakland County Sheriff's Office) — Equipment Acquisition Description of Item Unit Cost Quantity Total Sig Sauer .40 caliber hand aims ' $601.51 74 $44,512.00 Bulletproof vests , $416.00 74 $30,784.00 lasers $1,226,50 38 S46,607,00 CITY OF PONTIAC TOTAL 8121,903.00 ic Center Campus Unit Cost $15,200.00 $13,050.00 Surveillance System Quantity Total 1 unit 515,200.00 1 unit $13,050.00 (39,380.00) $53.811.00 $208,,894.00 539,900.00 513,400.00 511,641.00 TED $39,900.00 $13,400.00 S11,641.00 $93,191.00 1 unit ri/a Project: City Of Southfield — Civ Description of Item Wired Network Equipment Wireless Network Equipment Wired &I Wireless Surveillance Cameras Video Management Server Installation & Con-figuration PROJECT TOTAL Less City of Smithfield funds CITY OF SOUTHFIELD TOTAL GRAND TOTAL OAKLAND COUNTY FY 2011 JAG - Application 2011-B4612-MI-DJ Abstract and Top Five Project identifiers – Attachment 4 Abstract County of Oakland: Sheriffs Office Equipment Acquisition for Cell Extraction Team, Community Corrections Security Personnel, City of Pontiac (via Oakland County Sheriffs Office) Equipment Acquisition, City of Southfield Civic Center Campus Security System The Sheriffs Office Cell Extraction Team was formed to extract inmates displaying violent tendencies from holding cells with minimal danger to the deputies and surroundinv, inmates. They use special techniques and equipment to enter a cell and restrain a combative inmate using the least amount of force necessary. This grant request is to purchase additional equipment to enhance the safety and security of the Cell Extraction Team. Oakland County Community Corrections Division, in collaboration with the Oakland County Substance Abuse Office and Community Mental Health offers an extensive array of program services for offenders and their families via our Step Forward program. In order to accommodate the array of court ordered clients and their work schedules, we offer extended hours. The grant request is for one PTNE Oakland County Sheriff Deputy to provide after- 7—hours-security. Pursuant to an intergovernmental agreement, Oakland County, through its Sheriffs Department, has agreed to provide law enforcement services for the City of Pontiac. The grant request is to purchase equipment needed to provide Pontiac police services including hand guns, bulletproof vests and Tasers. The Southfield Civic Center campus has the potential to attract criminal and terrorist activities due to the large volume of visitors and vehicles, the vast array of cultural, community and recreational events, and the on-site fueling station. The Southfield Pavilion hosts 23 significant events annually with attendance rates of up to 4,000 participants. The City is committed to maintaining the safety and well-being of visitors and employees on its properties. With this in mind, it is imperative that the City of Southfield continue to improve, update and expand upon the cunient surveillance camera system. Grant funds are requested to update the existing exterior surveillance cameras located at the police department, district court, library, and sports arena with current technologies. Top Five Project Identifiers 1 Campus Safety 2 Correctional Alternatives 3 Officer Safety 4 Equipment – Video/Audio Recording 5 Crime Prevention Application Number: 2011-H4612-MI-DJ Intergovernmental Agreement Between and Among The County of Oakland The City of Pontiac and The City of Southfield 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 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, the City of Pontiac and the City of Southfield. They have been, are, or may be certified as disparate by the Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance Grant (JAG) Program. As required by BJA, the Parties enter into this agreement to acknowledge their intention to submit a joint application for the aggregate JAG Program funds that may be available to them in FY 2011 — 2012. Additional Background and Naming Conventions Pursuant to an intergovernmental agreement, Oakland County (County), through its Sheriffs Department, has agreed to provide law enforcement services for the City of Pontiac (Pontiac). The intergovernmental agreement sets forth the duties of the County and Pontiac and the fees Pontiac shall pay for such services. In addition, by this Intergovernmental Agreement, Pontiac authorizes and the County agrees to assume responsibility for making application for the JAG grant on behalf Of Pontiac. The County shall be solely responsible for identifying how JAG grant funds allocated to Pontiac should be used for Pontiac law enforcement purposes; accepting title to equipment purchased with grant funds; maintaining and monitoring such equipment; and, complying with grant reporting and other requirements. Oakland County, through its Sheriffs Department, assumes responsibility for accepting and using JAG grant funds on behalf of the City of Pontiac. In the present Agreement, reference to a "Party" is reference to each and every Governmental Entity identified in Appendix A. A reference to "Parties" is a reference to all the Governmental Entities listed in Appendix A. Use of a Governmental Entity's Intergovernmental Agreement JAG Grant application 7.13.11. 1 Application Number: 2011-H4612-MI-DJ proper name shall mean that Governmental Entity specifically. Use of the term "Pontiac Delegee" shall mean the County of Oakland, acting on behalf of the City of Pontiac, for purposes of the present Intergovernmental Agreement. Definitions 3.1 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. 3.3. The Grant or Grant means the funds awarded to the Governmental Entities pursuant to B.TA Grant Application number 2011-H4612-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. 3.4. 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. 3.5. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, 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. 3.6. Fiscal Agent means the County of Oakland, a constitutional Corporation • including, but not limited to, its Board, any and all of its departments, divisions, Intergovernmental Agreement JAG Grant application 7.13.11. Application Number: 2011-H4612-MI-DJ' elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons' successors. 3.7. County of Oakland (County) means 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"). 3.8. City of Southfield (Southfield) means 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"). 3.9. City of Pontiac (Pontiac) means 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"). 3.10. Pontiac Delegce means the County of Oakland, through its Sheriffs Office, which has agreed to provide law enforcement services for the City of Pontiac (Pontiac) pursuant to an intergovernmental agreement which sets forth the duties of Pontiac and the County and the fees Pontiac shall pay for such services. The Pontiac Delegee is authorized by this Intergovernmental Agreement to apply for, accept, and administer JAG grant funds on behalf of Pontiac. All decisions - regarding the identification of law enforcement needs for the purposes of making JAG grant application shall be made exclusively by the Pontiac Delegee. 4. Appendices 4.1 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. 4.2 Appendix B: Grant Fund Allocations 4.3 Appendix C: Transfer of Ownership Agreement/Equipment Receipt and Acceptance for Purchases under CFDA Number 16.738 4.4 Appendix D: Use of the Equipment 4.5 Appendix E: Equipment Request Form 5. Terms 5.1. Grant Compliance. The County (either on its own behalf or in its capacity as intergovernmental Agreement JAG Grant application 7.13.11. •-) Application Number: 2011-H4612-MI-DJ Pontiac Delegee), Pontiac, and Southfield agree that any and all funds granted to them pursuant to the joint Grant application to the Bureau of Justice Assistance (BJA) Edward Byrne justice Assistance Grant (JAG) Program shall be used by them 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. 5.2. Grant Assurances, Certifications and Audit Requirements. The County (either on its own behalf or in its capacity as Pontiac Delegte), Pontiac, and Southfield agree that each of them will comply with any and all standard assurances set forth in the grant application and grant contract; will conform their 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. 5.3. Intergovernmental Agreement Requirement. The County, Southfield, and Pontiac 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. 5.4. Intergovernmental Agreement Compliance, The County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield 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 limited 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 County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield 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 Bureau of Justice Assistance and management of property and assets acquired with Grant funds. 5.5. 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, Funds allocated for Pontiac and administered by the Pontiac Delegee shall be directed to and used for law enforcement goals and objectives within Pontiac. For the grant period 2011-2012, the total Grant allocation is two hundred eight thousand, eight hundred ninety four dollars ($208,894.00). The sum allocated to each Party is set forth in Appendix B which is fully incorporated here by reference. The sum allocated for each Party may be Intergovernmental Agreement JAG Grant application 7.13.11. 4 Application Number: 2011-H4612-MI-DJ expended over the four (4) year grant period which extends through 2014. Any interest earned on funds shall inure to the benefit of the County (either on its own behalf or in its capacity as Pontiac Delegee) and Southfield. 5.6. Dispersal of Grant Funds. The County agrees to act as Fiscal Agent for any funds granted to the County (either on its own behalf or in its capacity as Pontiac Delegee) and Southfield, pursuant to their joint Grant application, including initial acceptance of funds from the BJA and the dispersal of Grant funds to up to the amounts established by BjA. The County will not charge an administrative fee for acting as Fiscal Agent pursuant to this Agreement.- 5.7. Reporting Obligations. The County (either on its own behalf or in its capacity as Pontiac Delegee) and Southfield shall be fully responsible for timely completing any and all compliance reports required by BJA or timely providing 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 County, as Fiscal Agent, 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 produce reports on the individual and collective expenditure of Grant funds and remaining balance at least annually. The Fiscal Agent shall notify the Governmental Entity at the end of the Fiscal Agent's fiscal year of the dollar amount of Grant Program funds released to the Governmental Entity for that fiscal year. This amount shall include the dollar amount of equipment purchased with Grant Program funds by the Governmental Entity or purchased by the Fiscal Agent on behalf of the Governmental Entity. The Governmental Entity shall list the dollar amount provided by the Fiscal Agent on the Governmental Entity's Schedule of Expenditures of Federal Awards and provide a copy of the Governmental Entity's Single Audit Report to the Fiscal Agent as stated in the 2009 OJP Financial Guide, Part III - Chapter 19: Audit Requirements under AUDIT OF SUBRECIPIENTS. .5.8. Communication. The County (either on its own behalf or in its capacity as Pontiac Del egee) and Southfield agree, upon request, to provide summary information on its compliance with Grant requirements to the other Grant administrators and to provide other information that may be required 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. 5_9. Equipment and Property Acquisition. 5.9.1 If Grant funds are provided to the County (either on its own behalf or in its Intergovernmental Agreement 5 JAG Grant application 7.13.11 Application Number: 2011-H4612L,MI-DJ capacity as Pontiac Del egee) and Southfield 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. 5.9.2 If the requesting party is the County, acting on its own behalf, it shall accept title to the equipment at delivery. If the requesting party is Southfield, title to the equipment or property shall be transferred to Southfield according to the provisions in Appendix C, Transfer of Ownership Agreement/Equipment •Receipt and Acceptance, which is fully incorporated here by reference. If the requesting Party is the County, acting as Pontiac Delegee, the County shall accept and retain title for as long as the County is providing law enforcement services for Pontiac. The County (either on its own behalf or in its capacity as Pontiac Delegee) and Southfield represent and warrant that only those Agents duly authorized and empowered to accept or transfer property or equipment shall sign the Transfer of Ownership/Equipment Receipt and Acceptance. 5.9.3 The County (either on its own behalf or in its capacity as Pontiac Delegee) and Southfield agree that each 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 recipient's rights and obligations regarding the property are as described in Appendix D, which is fully incorporated into this Agreement. 5.9.4 The County (either on its own behalf or in its capacity as Pontiac Delegee) and Southfield 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 County (either on its own behalf or in its capacity as Pontiac Delegee) and Southfield and ending three (3) years after the Grant has expired. 5.9.5 Annually, no later than 30 days following the end of the calendar year, the County (either on its own behalf or in its capacity as Pontiac Delegee) and Southfield shall submit, to the County, an updated report on the property and equipment it has received under the Grant, 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. 5.10. Hiring Employees. The County (either on its own behalf or in its capacity as Pontiac Delegee) and Southfield 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. The County (either on its own behalf or in its capacity as Pontiac Delegee) and Southfield agree to provide, as Intergovernmental Agreement JAG Grant application 7.13.1 . 6 Application Number: 2011-H4612-MI-DJ required by the Grant agreement, salary certifications and any other detail that may be required for each and every position. 5:11. Duration. Unless terminated according to the provisions of Sections 5.13 or 5.14 or extended by a .signed Amendment to this Agreement, this Intergovernmental Agreement shall expire by its own terms at 11:59:59 on September 30, 2014. 5.12. Office of the Great Seal. The County will 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 the County, Pontiac and Southfield and signed by its authorized representative. Authorization may also be granted by the signature of an emergency manager, if any. 5.13. Termination for Convenience. The County, acting on its own behalf, and Southfield may terminate this Agreement provided the terminating Party fully and completely withdraws from participation in the BJA Grant, and only if it has, until the date of termination or for any other period required by BJA, fully complied with the terms and conditions of the Grant and fulfilled all of its obligations set forth in the Grant and this Agreement. Neither Pontiac, on its own behalf, nor the Pontiac Delegee, on behalf of Pontiac, may withdraw from this Agreement according to the process outlined above without the express written agreement of the other. Termination of this Agreement does not release the County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield from any obligations it may have to the Grantor under the Grant application or Grant agreement or as otherwise required by the BJA. 5.14. Assumption of Liability. 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. A non- compliant Party agrees that it will refrain from any actions to shift or assign liability or responsibility for its non-compliance onto other Parties to this Agreement. 5.15. Non-Supplanting. The County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield, by entering into this Agreement, warrant and represent that the funds for which the County will apply on behalf of - all of them will not supplant or replace other state or local funding allocated to cover the identified services. 5.16. Other Grant Warranties.. The County (either on its own behalf or in its capacity as Pontiac.D.s,legee), Pontiac, and Southfield warrant and certify that they are in compliance with the warranties and certifications required in the Grant application and authorize the County to make such warranties and certifications on their behalf The County (either on its own behalf or in its capacity as Pontiac Intergovernmental Agreement JAG Grant application 7,13.11. 7 Application Number: 2011-H4612-MI-Dj Delegee), Pontiac, and Southfield will fully comply with the warranties and certifications throughout the term of the Grant and this Agreement. 5.17. 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 or delegees), and any other Party (including any of its Agents or delegees). 5.18. No Indemnification. The County ; on its own behalf, and Southfield shall be - responsible for their own acts and/or omissions and the acts and/or omissions of its Agents. Indemnification between Pontiac and the Pontiac Delegee is as set • forth in the law enforcement services agreement between them. 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 or delegee. 5.19. No Third Party Beneficiaries. Except as provided for the benefit of the County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield, 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. 5.20. 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 County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield. Nothing in this Agreement shall be construed as a waiver of governmental immunity. . 5.21. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and signed by the County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield. 5.22. No Implied Waiver. Absent a written waiver, no act, failure, or delay 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. 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 '..); intergovernmental Agreement JAG Grant application 7.1 3.1 1. 8 Application Number: 2011-H461.2-MI-DJ Agreement shall remain in full force and effect. 5.24. Discrimination, The County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield 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. 5.25. Permits and Licenses. The County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificate's, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Agreement. 5.26. Delegation/Subcontract/Assignment. The County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield shall not 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. 5.27. Survival of Terms The following sections shall survive termination of this Agreement: Grant Compliance; Reporting Obligations; Reservation of Rights; Governing Law; Scverability; No Indemnification; Equipment and Property Acquisition; Full Compliance and Survival of Terms. 5.28. 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. 5.29. Knowledge of Terms and Conditions. The County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield have fully reviewed the terms, conditions and requirements of the Grant and this Agreement and accept that the obligations set forth in those terms, conditions and requirements apply fully and completely to them regardless of the amount of each individual Grant or percentage of the full dollar amount granted by I3JA to the entities listed in Appendix A. The County (either on its own behalf or in its capacity as Pontiac Delcgee), Pontiac, and Southfield each acknowledges its obligation to fulfill those conditions, requirements and obligations in order to ensure compliance with Grant requirements. 5.30. 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 Intergovernmental Auccmcnt JAG Grant application 7.13.11. 9 Application Number: 2011-H4612-MI-DJ sent express delivery service or personal delivery: or 3) three days after flailing first class or certified U.S. mail. A Party may change the contact person by notifying the other Parties in writing. 5.31. Governing Law. This Agreement shall be governed, interpreted and enforced by the laws of the State of Michigan. 5.32. The County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of The County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained here. 5.33. Entire Agreement. This Agreement represents the entire Agreement between the Parties for JAG grant applications for fiscal year 201 1 — 2012 and supersedes all • other Agreements between The County (either on its own behalf or in its capacity as Pontiac Delegee), Pontiac, and Southfield governing the matters described here, limited to JAG Grant Application Number 2011-H4612-MI-DJ, for fiscal . . year 2011 —2012. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. Remainder of Page Intentionally Blank) Intergovernmental Agreement JAG Grant application 7.13.1 L 10 (print name) Brenda L. Lawrence, Mayor Dnin Date Application Number: 2011-H4612-MI-Di 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 Agrewnent. For-0e C14: \ \\,v (print nam) For the County of Oakland: (print name) Date For \\ the City of sn„thf i p i d t, \ - .1 . . ..‘ / \ () rnrk, rn kJ. \ (print me ) Nancy 1 M BarlkS, City r1P -rk Intergovernmental Agreement LAG Grant application 7.13.11. 11 Application Number: 2011-H4612-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 State Jurisdiction Nam e MI OAKLAND COUNTY MI PONTIAC CITY MI SOUTHFIELD CITY . Intergovernmental .A2reement JAG Grant application 7.13.11. 12 Application Number: 2011-H4612-MI-DI Appendix B Grant Fund Allocations Allocation Jurisdiction Name OAKLAND COUNTY $33,180 PONTIAC CITY 8121,903 SOUTHFIELD CITY $53.811 TOTAL $208,894 Intergovernmental Agreement JAG Grant application 7.13.11. Ii Application Number: 2011-H4612-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 EntitliL(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. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, 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 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, for purposes of this document, the County of Oakland, acting on its own behalf, the City of Southfield, and the County of Oakland (Pontiac Delegee,), acting on behalf of the City of Pontiac, including any and all departments, divisions, commissioners, elected and appointed officials, boards, councils, directors, board members, council members, commissioners, authorities, committees, Inten,rovernmental Agreement JAG Grant application 7.13.11. 14 Application Number: 2011-H4612-MI-DJ employees, agents, subcontractors, volunteers and/or any such persons' successors of the referenced governmental entity or unit (Agents). 2. Transfer of Title. Pursuant to the Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance Grant GAG) 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] 2.2. The Fiscal Agent grants all right, title, and interest in and to the Equipment to the Governmental Entity. 3. Acceptance of Equipment. 3.1. 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. 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; 5.1.2. Maintaining and repairing the equipment; 5.1.3. 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 Intergovernmental A2reernant 15 JAG Grant application 7.13.11. Application Number: 2011-H4612-MI-Di appropriate in its discretion; 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 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 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 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. 5.6. 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. 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 Intergovernmental Agreement 16 JAG Grant application 7.13.11, Application Number: 2011-H4612-MI-DI governmental authorizations necessary to carry out its obligations and duties pursuant to this Ownership Agreement. 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. A Party shall not 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. Severability. 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: Intergovernmental Agreement JAG Grant application 7.17.11, 17 Application Number: 2011-H4612-MI-1D3 14.3. Either Party may change the address and/or individual to which notice is sent by . notifying the other Party in writin2, of the change. 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: [Insert NAmel Date intergovernmental Agreement JAG Grant application 7.13.11. 18 Application Number: 2011-H4612-M1-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, 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... 6. The Governmental Entity shall make any Equipment purchased with grant funds available for inspection to the Fiscal Agent arid State and Federal Auditors upon request. Intergovernmental Agreement JAG Grant application 7.13.11. 19 Application Number: 2011-H4612-MI-DJ Appendix E 2011 Justice Assistance Grant (JAG) Program Purchase Request Form 1 ' Fund 1 Depannent Program Account Grant 4 Bud Op PCBU , Activity : , Ref Unit — Above is for Fiscal Agent use Agency Information Agency Name Agency Contact Contact Phone Contact e-mail Eguipment Information Type of Equipment Delivery Information Contact Name ,Deli very Location Street Address City, State, ZIP Contact phone # Contact e-mail Potential Vendor Information Suggested Vendor Street Address City State, ZIP Vendor Contact Contact Phone Intergovernmental Agreement JAG Grant application 7.13.11. ")() Application Number: 2011-H4612-MI-D.T Project Description: Quantity ,desired Cost each Total cost Instructions: Use this form for all equipment requests from the 2011 Justice Assistance Grant (JAG) Program. • Please fill out all requested information. 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 he procured. Note: Per Oakland County policy, vendors may not be a.warded or benefit from a contract in which they played a vole in the project development. Intergovernmental Agreement JAG Grant application 7.13.11. 21 August 31 2011 FISCAL NOTE (MISC. #11195) BY: Finance Committee. Torn Middleton, Chairperson IN RE: MULTIDEPARTMENTAL: SHERIFF'S OFFICE AND COMMUNITY CORRECTIONS — 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM - INTERGOVERNMENTAL AGREEMENT AND REVISED GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County, along with the City of Pontiac and City of Southfield, has been allocated $208,894 and has applied to the U.S. Department of Justice, Office of Justice Programs for funding under the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. 2. The grant funding period is October 1, 2010 through September 30, 2014. 3. The grant application requires the adoption of an intergovernmental agreement between Oakland County and the local units of government applying for this grant. A 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 entities. 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 $33,180 (Sheriff $9,500, Community Corrections $23,680), City of Pontiac (via Sheriff's Office) 3121,903 and City of Southfield $53,811. 7. The original grant application provided to the Board of Commissioners on July 21, 2011 as an informational item, included a project for Children's Village which was subsequently denied by the U.S. Department of Justice and replaced with a Sheriff's Office project to purchase cell extraction equipment. 8. There is no grant match requirement. 9. Oakland County has been elected to serve as fiduciary and lead agency for the entire award. 10. Total funding of $208,894 will be given to Oakland County to acquire equipment for the Sheriff's Office, City of Pontiac and City of Southfield. Community Corrections is funding a PTNE Sheriff Deputy for after-hours program security. 11. All equipment purchased with the grant funds will be delivered to the individual requesting party. 12. Title to the equipment, unless otherwise required by the conditions of the grant, will transfer to the requesting party upon delivery. 13. The original, signed intergovernmental agreement will be filed with the Michigan Department of State, Office of the Great Seal. FINANCE COMMITTEE Finance Committee Vote: Motion carried unanimously on a roll call vote Resolution #11195 August 31, 2011 Moved by Dwyer supported by Covey the resolutions (with fiscal notes attached) be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) were adopted (with accompanying reports being accepted). APPEA FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., 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 August 31, 2011, 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 31 st day of August, 2011. F.La Bill Bullard Jr., Oakland County