HomeMy WebLinkAboutResolutions - 2012.05.02 - 20208May 2,2012
MISCELLANEOUS RESOLUTION #12116
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF'S OFFICE, COMMUNITY CORRECTIONS, CIRCUIT COURT, PROSECUTING
ATTORNEY AND 52-3 DISTRICT COURT — 2009 RECOVERY ACT: 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 2009 the U.S. Department of Justice - Office of Justice Programs awarded
Oakland County, along with 20 local jurisdictions, grant funding in the amount of $1,991,207 for
the period of March 1,2009 through February 28, 2013; and
WHEREAS Oakland County serves as the fiduciary and lead agency for the entire award under
an Intergovernmental Agreement with the City of Birmingham, City of Ferndale, City of Hazel
Park, City of Lathrup Village, City of IVladison Heights, City of Oak Park, City of Pontiac. City of
Royal Oak, City of South Lyon, City of Troy, City of Walled Lake, City of Wixom, City of Novi, City
of Southfield, City of Auburn Hills, City of Farmington Hills ; Bloomfield Township, Waterford
Charter Township, West Bloomfield Charter Township and White Lake Charter Township
authorized by Miscellaneous Resolution #09126; 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 unspent grant funds and 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 units 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
2009-SB-B9-1863
Amendment
to the Intergovernmental Agreement
Between and Among
Participants in the 2009 Federal Bureau of Justice Assistance
Edward Byrne Justice Assistance Grant Program
This Amendment (Amendment) to the Intergovernmental Agreement (Agreement) is between
and among the governmental entities, constitutional and municipal corporations in the State of
Michigan whose names are listed in Appendix A, and incorporated here by reference. In this
Amendment, 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 made in the
Agreement and in this Amendment, the adequacy of which is acknowledged, the Parties agree as
follows:
Purpose
For fiscal year 2009, 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, supported under FY09
Recovery Act (BJA-Byrne JAG) Pub. L. No. 111-5, 42 USC 3750-3758. 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 BJA under the terms of the grant.
In 2011, the City of Pontiac and the County of Oakland 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 B, Which is incorporated here by reference, was purchased
by Pontiac with 2009-SB-B9-1863 JAG grant funds. The equipment remains in working order
and can continue to be used for law enforcement purposes. In addition, in federal grant number
2009-SB-B9-1863, five hundred thirty-three thousand, five hundred fifty-four dollars and twenty
five cents ($533,554.25) in grant funds, designated for Pontiac, remain unexpended. These funds
remain available for law enforcement purposes within Pontiac through February 28, 2013.
Pontiac intended to use the funds to pay salaries for Pontiac Police Officers, to the extent
permitted by the grant.
2009- SB-B9-i 863 (open) Amendment
l5 I _fin21
2009-SB-B9- 1863
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.
2: Pontiac transfers to the County and the County accepts title to accounted-for usable
equipment purchased with 2009-SB-B9-1863 - JAG grant funds, listed in Appendix B,
incorporated here by reference, to be used by the County for law enforcement purposes in
Pontiac for the term of the intergovernmental agreement referenced in Section 1 or for as
long as the County provides law enforcement services for Pontiac.
3. Pontiac transfers to the County and the County assumes all responsibility for fulfilling grant
obligations 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. Pontiac assigns all its rights and interest in the remaining unexpended FY 2009 grant funds
under grant number 2009-SB-B9-1863 to the County. The funds are to be used and
• expended for law enforcement purposes in Pontiac, including but not limited to, supplies,
materials and equipment, salaries, and such other needs as the County, through the Sheriffs
Office, deems necessary and appropriate, in its sole discretion. All expenditures ofPontiac-
designated JAG grant funds by the County shall be in compliance with grant requirements.
5. If the County stops providing law enforcement service to Pontiac, the County shall return
title to any still operational accounted-for usable equipment purchased with 2009-SB-B9-
1863 JAG funds within 60 days. Similarly, Pontiac shall be entitled to any remaining
unexpended 2009-SB-B9-1863 JAG funds according to the procedures set forth in the
original Memorandum of Understanding.
6. The other Parties to this Agreement acknowledge that they have been advised of the transfer
of property and assignment of rights between Pontiac and the County. They further
acknowledge that they have no claim to any of the equipment or funds described in this
Amendment and assume no responsibility or liability for the law enforcement services that
the County has agreed to provide to Pontiac.
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 provisions 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
2009-SB-B9-1863 (open) Amendment
9 19 I 1 .final
2009-SB-B9-1863
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.
8. This Amendment may be executed in counterparts, but shall constitute One document.
(Remainder of page intentionally blank)
2009-8B-B9-1863 (open) Amendment
0 1C) 1 firmi
EE-
2009-S13-139H
Ry siuninE be,'tow, thindividuals acknowie4e that they ',Ire authorized to bind the Parties to Ihe
terms and conditions set forth in this Amendment to the inttruovinnicntal A 0,1%:-.'.e 1-11 e t Between
and Among Participants in the 2009 Falcral Bureau ollustice ./ksistance Edward Byrne Justice
Assistanc Cirant Pro ,2ram for rant number 2009-SB-B9-
2 (10') ti wp,11)
5 19 11
For ther.ity of Ferndale: ,
By: 11 2 7 — Date:
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
(print name)
Its • iv,
4
2009-S B-B9-1 S63 (open) Amendment
9J9.1 final
t For-the City 9/Hazel Park:
VI
t name) Jack Lloyd (ID
i I '2- 2 Date:
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1 863.
(print name) Edward Klobucher
Its City Manager
Its Mayor
4
Date:
2009-5'3-B9-1863 (open) Amendment
9 19.11.final
Date: - \ k
For the City of C)
By:
(print name)
Its
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1 863.
4
2009-SB-B9- 1 863 (open .) Amendment
9.19.) :1 .final
For the City o,,,f7 Madison H917hts
By: - • Date: l•
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
(print name) Edward C. Swanson
Its Mayor
4
Tonni L. Barthblomew
Date:
2009-DJ-BX-1863
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 2009 Federal Bureau of Justice
Assistance Edward Byrne Justice Assistance Grant Program for grant number 2009-DJ-
BX-1863.
For the City of Oak Park:
\v/s\
By:
Marian McClellan
Its Mayor
Its City Clerk
For the City of
By: .
(print name)
Its
1 1 Date: ,
A iv
S
If.L.VO4
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863. • , ,
2009-5B-Bg-1863 (open .) Amendment
9.19.11.fmal
Date:
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1 863.
4
2009-Si ',-B9-1863 (open) Amendment
0 in 15,121
2009-SB-B9- 1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
For the City of zy ,v4
Bv(172072-74
• (print name)
Its //44 nafe-1"
Date: i/-013. /
4
2009-S13-B9-1863 (open) ,Amencirnent
()Nil fin21
f
Aileen Bittner, City Clerk
2009-SB-B9-1863
By signing below; the individuals acknowledge that the y are authorized to bind the Parties to the
terms and conditions set forth in this Amendment to the Inter governmental Agreement Between
and Among Participants in the 2009 Federal Bureau of Justice Assistance Edward B yrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
For the City of Troy:
By: Date: -\(:)r-‘1
,
LZO
Janice Daniels. Mavori
4
2009-S13--B9-1 863 (open) Amendment
0. 9.1
For the City
By:
(print name)
W L.L7sz,
Its
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
Date:
4
2009-SB-B9 -1863 (open) Amendment
).19.11.11mi
For the Ci'y of f..„).
By:
(print name
Its
)V1
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-S13-B9-1863.
Date: -
4
2009-S B-B9-1863 (open) Amendment
9.19.11.fina1
For the,city—cif ovk
2009- SB-B9-1863
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 2009 Federal Bureau of 'Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
By: ( Date: /2-57- ((
Robert J. Gat-t
Its Mayor
2009-5B-1194863 (open) Amendment
9.19.11.fina]
Date:
For the City of Southfield:
Nancy L. M. Banks. Clerk
Date:
2009-SB-B94863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
Brenda L. LawTence, Mayor
4
7009-SB-B9-1863 (open) Amendment
L, 10 1 fin21
2009-SB-B9-1863
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 2009 Federal Bureau of justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
For the City of Auburn Hil
(mint name) Peter E. Auger
Its City Manager
2009-SB-B9-1 863 (open) Amendment
9,19.1 1.fmai
Date: 12/12/2011
/ 7 a /7 2..
For the City of Farmington Hills;
1,/
By: Date:
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
(print name) Steve Brock
Its City Manager
4
2009-0-B9-1863 (open) Amendment .
9.19.11 final
By: Date: \L \
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
For the Charter Tost,-ship
(print name Leo Savoie
its Supervisor
4
2009-SB-B9-1863 (open) Amendment
9.19.11.fmal
ct F
For the cf,effittrtroi*iat*gtrei..
ARLENE G. HAMPTON
Notary Public, State of Michigan
County of Oakland
My Commission Expires
October 28, N 12
Acting in the County of /7
2 /
,r/
7
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-DS-BX-0790.
5
2009-SB-B9-153 (open) Arno.ndment
9.19.1 ISinat
For the-C4 of )7'1
Date: By:
(print name)
Its
cite(AcLie,ci d i"v1
t-7 i//.1'
For the Town, / -
BY:
Catherine Shaughnessy,'iogip Clerk -
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
Date: 12/14/2011
4
2009-513-B9-1 S63 (open) Amendment o 1 Q11 Finn'
C Date: /3
—
(printname) Greg Baroni, Supervisor
By:
2009-SB-B9-1863
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 2009 Federal Bureau of Justice Assistance Edward Byrne Justice
Assistance Grant Program for grant number 2009-SB-B9-1863.
Twp.
• FortheWyof Charter Township of White Lake :
Its
4
2009- SB-139-1863 (open) Amendment „ ,
2009-SB-B9-1 863
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 2009 Federal Bureau of Justice Assistance Edward Byrne justice
Assistance Grant Program for grant number 2009-DJ-BX-0790.
For the County of Oakland:
By:
(print name)
Its
Date:
5
2009-SB-B9- 1863 (cTen)Anienclrnerii-
i, 11
2009-SB-B9-1863
Appendix A
List of Governmental Entities Certified as Disparate by the Bureau of Justice Assistance
for Purposes of Edward Byrne Justice Assistance Grant Funds
Jurisdiction Name
OAKLAND COUNTY
BIRMINGHAM CITY
FERNDALE CITY
HAZEL PARK CITY
LATHRUP VILLAGE CITY
MADISON HEIGHTS CITY
OAK PARK CITY
PONTIAC CITY
ROYAL OAK CITY
SOUTH LYON CITY
TROY CITY •
WALLED LAKE CITY
WIXOM CITY
NOVI CITY
SOUTHFIELD CITY
AUBURN HILLS CITY
FARMINGTON HILLS CITY
BLOOMFIELD TOWNSHIP
WATERFORD CHARTER TOWNSHIP
WEST BLOOMFIELD CHARTER TOWNSHIP
WHITE LAKE CHARTER TOWNSHIP
6
2U09-S B-B9- I 863 (open) Amendment
0 OH 1n,,..1
2009-SB-B9-1863
Appendix B
2009 (Recovery Act) List of Equipment
Available for transfer to Oakland County:
2010 Chevrolet Impala 2G1WD5EM9A1177989
2010 Chevrolet Impala 2G1WD5EM6A1177819
2010 Chevrolet Impala 2G1WD5EM7A1178591
2010 Chevrolet Impala 2G1WD5EM3A1179527
5 Computer Aided Dispatch (CAD) workstations
7
2009-SB-B9-1863 (open) Amendment
C it fin(n
FISCAL NOTE (MISC . #121,16) May 2, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFFS OFFICE, COMMUNITY CORRECTIONS, CIRCUIT COURT,
PROSECUTING ATTORNEY AND 52-3 DISTRICT COURT — 2009 RECOVERY ACT 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 2009 Oakland County, along with 20 local jurisdictions, was awarded $1,991,207
by the U.S. Department of Justice, Office of Justice Programs for funding under the
2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG)
Program.
2. The grant funding period is March 1, 2009 through February 28, 2013.
3. Oakland County serves as fiduciary and lead agency for the entire award under an
Intergovernmental Agreement with the City of Birmingham, City of Ferndale, City of
Hazel Park, City of Lathrup Village, City of Madison Heights, City of Oak Park, City of
Pontiac, City of Royal Oak, City of South Lyon, City of Troy, City of Walled Lake, City
of Wixom, City of Novi, City of Southfield, City of Auburn Hills, City of Farmington
Hills, Bloomfield Township, Waterford Charter Township, West Bloomfield Charter
Township and White Lake Charter Township
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 unspent grant funds and available equipment purchased with grant funds
from the City of Pontiac to Oakland County.
5. All available equipment as listed in Appendix B of the amendment will be transferred
from the City of Pontiac to Oakland County.
6. All unspent JAG grant funds will be expended by Oakland County for law
enforcement purposes in the City of Pontiac.
7. No budget amendment is required.
FINANCECpMMTTEE I 9 A
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long and Runestad absent.
huld APPH n RESOLUTION
Resolution #12116 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).
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.
EA1(2 6)4
Bill Bullard Jr., Oakland County