HomeMy WebLinkAboutResolutions - 2012.05.02 - 20203May 2,2012
MISCELLANEOUS RESOLUTION #12112
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF'S OFFICE / PROSECUTING ATTORNEY — 2006 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM - AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 2006 the U.S. Department of Justice - Office of Justice Programs awarded
Oakland County and the City of Pontiac grant funding in the amount of 3114,411 for the period of
October 1, 2005 through September 30, 2009; and
WHEREAS Oakland County served as the fiduciary and lead agency for the entire award under
an Intergovernmental Agreement between Oakland County and the City of Pontiac authorized by
Miscellaneous Resolution #06036; and
WHEREAS in 2011 Oakland County began providing law enforcement services for the City of
Pontiac; and
WHEREAS the change in relationship with the City of Pontiac required an amendment to the
original intergovernmental agreement to transfer available equipment purchased with grant funds
from the City of Pontiac to Oakland County;
WHEREAS an amendment has been drafted (as attached) by Oakland County Corporation
Counsel and signed by the local jurisdictions; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the attached intergovernmental agreement amendment with the local unit of
government listed above and that the Board Chairperson, on behalf of the County of Oakland, is
authorized to execute said amendment.
BE IT FURTHER RESOLVED that one original intergovernmental agreement amendment be filed
with the Michigan Department of State, Office of the Great Seal.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing
resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote
2006-DJ-BX-0641
Amendment
to the Intergovernmental Agreement
Between and Among
Participants in the 2006 Federal Bureau of Justice Assistance
Edward Byrne Justice Assistance Grant Program
This Amendment (Amendment) to the Intergovernmental Agreement (Agreement) is between the
County of Oakland (County)and the City of Pontiac (Pontiac). In this Amendment, any
reference to a Party is a reference to each governmental entity and any reference to "Parties" is a
reference to both of them.
III consideration of the mutual promises, obligations, representations and assurances made in the
Agreement and in this Amendment, the adequacy of which is acknowledged, the Parties agree to
amend the underlying Intergovernmental Agreement as follows:
Purpose
For fiscal year 2006, the Parties, having been certified disparate by the Bureau of Justice
Assistance (BJA), entered into an intergovernmental agreement in order to apply for and to
qualify for Edward Byrne Justice Assistance Grant (JAG) Funds. The Parties agreed, among
other things, to undertake all actions necessary to be and remain compliant with grant
requirements, to accept title to various equipment and supplies purchased with grant funds, to
assume responsibility for, track, maintain and monitor the equipment and supplies and to satisfy
the reporting requirements of B.TA under the terms of the grant.
In 2011, the City of Pontiac (Pontiac) and the County of Oakland (the County) entered into a
separate intergovernmental agreement by which Pontiac and the County agreed that the County
would provide law enforcement services for Pontiac in return for certain fees. The County
agreed, among other things, to assume responsibility for hiring and provisioning law
enforcement officers and staff, managing law enforcement supplies, material and equipment
necessary to provide law enforcement services for Pontiac and for providing patrol services
generally.
Certain equipment, listed in Appendix A, which is incorporated here by reference, was purchased
by Pontiac with JAG grant funds under grant number 2006-Dj-BX-0641. The equipment
remains in working order and can continue to be used for law enforcement purposes by the
County on behalf of Pontiac.
Terms
By this Amendment:
1. Pontiac and the County acknowledge the existence of an intergovernmental agreement
between them. Under its terms the County, through its Sheriffs Office, agrees to provide
law enforcement services for Pontiac.
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2006-DJ-BX-0641 (closed) amendme
9.19.1 1. final
2006-DJ-BX-0641
Pontiac transfers to the County and the County accepts title to accounted-for usable
equipment, listed in Appendix A and incorporated here by reference, which was
purchased with JAG grant funds under grant number 2006-DJ-BX-0641, to be used by
the County for law enforcement purposes in Pontiac during the term of the
intergovernmental agreement referenced in Section 1 or for as long as the County
provides law enforcement services for Pontiac.
Pontiac transfers to the County and the County assumes all responsibility for fulfilling
grant obligations under grant number 2006-DJ-BX-0641 regarding the above referenced
accounted-for usable equipment for the term of the intergovernmental agreement
referenced in Section 1 or for as long as the County provides law enforcement services
for Pontiac.
4. If the County stops providing law enforcement service to Pontiac, the County shall return
title to any still operational accounted-for useable equipment purchased with JAG funds
under grant number 2006-DJ-BX-0641 within 60 days.
5. Southfield acknowledges that it has been advised of the intergovernmental agreement
referenced in Section 1 as well as the transfer of property and assignment of rights
between Pontiac and the County. Southfield further acknowledges that it has no claim to
any of the equipment described in this Amendment and assumes no responsibility or
liability for the law enforcement services that the County has agreed to provide to
Pontiac.
6. All Parties agree that except as specifically provided above, all other definitions, terms
and conditions set forth in the Agreement remain in full force and effect and shall not be
modified, excepted or diminished by the provisions of this Amendment except as
specifically provided herein. Notwithstanding any other provision in this Amendment,
Pontiac specifically agrees and acknowledges that any fines, fees or penalties which may .
arise from management or disposal of grant-funded equipment before the County takes
actual possession of the equipment are and remain the obligation of Pontiac. This
includes repayment of any grant funds to the federal government upon sale or disposal of
any grant-funded property, if such repayment is required under the terms of the grant.
(Remainder of page intentionally blank)
2006-DJ-BX-0641 (closed) amendment
9.19.11.final
By:
(print name)
Its C"
2006-DJ-BX-0641
By signing below, the individuals acknowledge that they are authorized to bind the Parties to the
terms and conditions set forth in this Amendment to the Intergovernmental Agreement Between
and Among Participants in the 2006 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2006-DJ-BX-0641.
For the City of Pontiac:
3
Date: If I
Date:
For the County of Oakland:
By:
(print name)
Its
2006-DJ-BX-064 I (closed) amendment
9.19.11.final
2006-DJ-I3X-0641
Appendix A
2006 List of Equipment
Available for transfer to Oakland County:
Digital Recording system installed in Pontiac Police station interview room. Equipment will be
available for use by Oakland County.
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2006-DJ-BX-0641 (closed) amendment
9.19.1 1.final
FISCAL NOTE (MISC . #12112) May 2, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFFS OFFICE I PROSECUTING ATTORNEY — 2006 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM — AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
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. In 2006 Oakland County and the City of Pontiac were awarded $114,411 by the U.S.
Department of Justice, Office of Justice Programs for funding under the 2006 Annual
Edward Byrne Memorial Justice Assistance Grant (JAG) Program for the period of
October 1, 2005 through September 30, 2009.
2. The grant is now closed.
3. Oakland County served as fiduciary and lead agency for the entire award under an
intergovernmental agreement with the City of Pontiac.
4. In 2011 Oakland County began providing law enforcement services for the City of
Pontiac requiring an amendment to the original intergovernmental agreement to
transfer available equipment purchased with grant funds from the City of Pontiac to
Oakland County.
5. All available equipment as listed in Appendix A of the amendment will be transferred
from the City of Pontiac to Oakland County.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long and Runestad absent.
rr Ten 4.
Resolution # 12112 May 2, 2012
Moved by Long supported by Woodward the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack,
Bosnic, Covey. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying report accepted).
I HalEliY APPROVE THMREGOING 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 May 2,
2012, 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 2 nd day of May, 2012.
F)._,12k eLLI,1
Bill Bullard Jr., Oakland County