No preview available
HomeMy WebLinkAboutResolutions - 2012.05.02 - 20215MISCELLANEOUS RESOLUTION #12133 BY: Jim Runestad, District #6 IN RE: SHERIFF'S OFFICE - 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff's Office along with the City of Pontiac has been allocated $121,994 and has prepared an application to the U.S. Department of Justice, Office of Justice Programs for funding under the 2012 Edward Byrne Memorial Justice Assistance (JAG) Program for the period of October 1, 2011 through September 30, 2015; and WHEREAS a joint application between Oakland County and the City of Pontiac is required; and WHEREAS the funding is based on Federal allocation and has been distributed as follows: Oakland County $25,856 and the City of Pontiac (via the Sheriff's Office) $96,138; and WHEREAS there is no grant match requirement; and 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 submitted to the City of Pontiac for signature; 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 will 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 City of Pontiac 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, I move adoption of the foregoing resolution. Gaia Pr From: Sent: To: Subject: Attachments: Piir, Gaia <piirg©oakgov.com > Wednesday, April 25, 2012 11:39 AM 'Cunningham, Dale'; 'McCabe, Mike'; atkinst@oakgov.com ; Malone, Prentiss GRANT REVIEW SIGN OFF - Sheriff's Office -2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Grant Application and Intergovernmental Agreement Grant App sign off pkg.pdf GRANT REVIEW SIGN OFF — Sheriff's Office GRANT NAME: 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FUNDING AGENCY: U.S. Department of Justice DEPARTMENT CONTACT PERSON: Gala Piir (248) 858-1037 STATUS: Application and Intergovernmental Agreement DATE: April 25, 2012 Pursuant to Misc. Resolution 401320, 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 (4/19/2012) Department of Human Resources: Approved. — Karen Jones (4/18/2012) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (4/23/2012) Corporation Counsel: There appear to be no legal issues that require resolution or action at this time. — Karen P. Agacinski (4/23/2012) 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 http://www.whitehouse.gov/omb/circulars/index.html Executive Order 12372 - Intergovernmental review of Federal programs http://www.fws. ov olic 1 US Doi Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) http://www.access.gpo.gov/na ra/cfr/waisidx 04/28cfrv2 04.htm I Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18) http://www.access.gpo.gov/nara/cfr/waisidx 01/28cfr18 01.htm I Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) http://www.access.gpo.gov/nara/cfr/waisidx 04/28cfr22 04.html Criminal Intelligence Systems Operating Policies (28 CFR Part 23) http://www.access.gpo.gov/nara/cfr/waisidx 01/28cfr23 Othtml Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) http://www.access.gpo.gov/nara/cfr/waisidx 01/28c1r30 01. html Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) http://www.access.gpo.gov/nara/cfr/waisidx 01/28cfr35 01.html Equal Treatment for Faith Based Organizations (28 CFR Part 38) http://www.usdoj.gov/ovw/docs/asgmemoreimplementationof28cfrpart38.pdf Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) http://www.access.gpo.govinara/cfr/waisidx 01/28cfr42 01.html Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61) http://www.accessgpo.gov/nar/cfr/waisidx 01/28c1r61 01.html Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) http://www.access.gpo.gov/nara/cfr/waisidx 01/28cfr63 01.html Title 2 — Grants and Agreements — Award Term (2CFR Part 175.15) http://edocket.access.gpo.gov/cfr 2008/janqtr/pdf/2cfr175.15.pdf National Historic Preservation Act of 1966 (16 U.S.C. 470) http://www.nos.gov/historvilocal-lawinhpa1966.htm Executive Order 11593 — Protection and enhancement of the cultural environment http://www.gsa .gov/Portal/gsa/ep/contentView.do?contentType=GSA BASIC8tcontentld=12094. Archeological and Historic Preservation Act (16 U.S.C. 469) http://www.nps.gov/history/local -law/FHPL Arch HistPres.pdf The National Environmental Policy Act of 1969 (42 U.S.C. 4321) http://www.nepa.govinepa/regs/nepa/nepaeciia.htm Omnibus Crime Control and Safe Streets Act of 1968 http://www.usdoi.gov/crt/split/42usc3789d.htm Victims of Crime Act (42 USC Section 10604) http://www.usdoj.gov/crt/cor/byagency/doj10604.htm 2 Juvenile Justice and Delinquency Prevention Act http://ohdp.ncirs .orda bout/lid pa2002titlev.pdf Federal Civil Rights Act of 1964 http://www.usdoi.gov/crt/cor/i ndex.htnn The Rehabilitation Act of 1973 http://www.dol.gov/com p I ia nce/laws/comp -rehab.htm The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12131 -34) http://frwebgate4.access. so..ov c:i -bin wais:ate.c:i?WAISdocID=42030427315+0+0+0&WAISaction=retrieve The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685 -86) http://www.usdoj.gov/crt/cor/coord/titleixstat.htm Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 -6107) http://www.dol.gov/oasarn/regs/statutes/age act. htm Executive Order 13279 - Equal Protection of the Laws for Faith -based and Community Organizations http://www.whitehouse.gov/news/releases/2002/12/20021212 -6.html Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec 4601) http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecf r&sid ---764d9d5 cb80f106e9aeaaa07f70d36f7& rgndiv5&vi ew=text& node=18 :2.0 .4 .3 .78dd no=18 Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.osc.gov/hatchact.htm Restrictions on Lobbying (28 CFR part 69) http://www.access.gpo.gov/nara/cfr/waisidx 04/28cfr69 04.html Government-Wide Debarment and Suspension (28 CFR, Part 67) http://www ,access.gpo.gov/na ra/cfriwaisidx 04/28cfr67 04.html Drug-Free Workplace Act of 1988 http://frwebgate.access.gpo.govicgi -bin/getdoc.cgi?dbname=browse usadocid=ate:+41USC701 Executive Order 12549 — Debarment and Suspension http://www.a rch ives.govitederal -registe r/cod ificatio n/executive -order/12549.htm I Gala V. Plir Grants Compliance and Programs Coordinator Oakland County Fiscal Services Division Phone (248) 858-1037 Fax (248) 858-9724 piirg@oakgov.com 3 Page 1 of 2 APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application Identifier STATE Application Non-Construction • 4_ DATE RECEIVED BY Federal Identifier FEDERAL AGENCY ..,-,,____, ,- ..... ......- - . - . ... .. . -...,..... - ... . .... . .. ... , ,. .....— ,...,..- 5.APPLICANT INFORMATION Legal Name Organizational Unit Oakland County Co nty Government Address Name and telephone number of the person to be contacted on matters 1200 N Telegraph Road involving this application Courthouse Building #12 East Pontiac, Michigan Piir, Gain 48341-0403 (248) 858-1037 6. EMPLOYER IDENTIFICATION NUMBER (EN) 7. TYPE OF APPLICANT 38-6004900 County 8. TYPE OF APPLICATION 9. NAME OF FEDERAL A.GENCY New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE . 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT NUMBER: 16.738 County of Oakland - Sheriffs Office CFDA EDWARD BYRNE MEMORIAL JUSTICE - Software/Equipment acqusition, TITLE: ASSISTANCE GRANT PROGRAM City of Pontiac (via Oakland County Sheriffs Office) - Law Enforcement services 12. AREAS AFFECTED BY PROJECT The geographic jurisdictions of the City of Pontiac and County of Oakland, Michigan. 13. PROPOSED PROJECT 14. CONGRESSIONAL Start Date: - October 01, 2011 DISTRICTS OF End Date: September 30, 2015 a. Applicant . M109 Mill MI12 b. Project MI08 15. ESTIMATED FUNDING . 6. IS APPLIC.ATION SUBJECT $121994 TO REVIEW BY STATE , EXECUTIVE ORDER 12372 Applicant $0 PROCESS? • 4/18/2012 https://grants.oipusdoilgoviginsextentallapplicationReView.do ?print-yes State ISO IThis pre,applieation/application was made available to the state executive order 12372 process for review on 05/03/2012 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? Page 2 of 2 18, TO 'LITE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PRE,APPLICATION 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. Close Window .hitps://grants.ojp:uscloj.gov/gmsexternal/applicationReview.do?print—yes 4/18/2012 OMB APPROVAL NO. 1121-0140 EXPIRES 06/30/2009 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: • It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term 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 (land 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 and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S:C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. §7 94); the Americans with Disabilities Act of 1990 (42 "U.S.C.§ 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community 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 h) 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. Signature Date • Date U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at .28 CFR Part 69, the applicant certifies that: (a) No 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 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 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 (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 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 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (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 Seventh Street, N.W., 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). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check if the State has elected to complete OJP Form 4061/7. 5. Signature 6. Date DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620 A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice Office of Justice Programs ATTN: Control Desk 810 Seventh Street, NW., Washington, D.C. 20531 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 2. Application Number and/or Project Name: 3. Grantee IRS/Vendor Number 4. Type/Print Name and Title of Authorized Representative OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE. OFFICE OF JUSTICE PROGRAMS BJA NIJ OJJDP BJS OVC OAKLAND COUNTY • FY 2012 JAG - Application 2012-111085-M1-DJ Project Narrative — Attachment 1_ PrWect: Count' of Oakland - Sheriff's Office Video Enhancement _Pro'ect The Oakland County Sheriff's investigates many types of criminal activity and one tool used in law enforcement is the video from security cameras from a business or personal residence. The types of video security systems vary and the quality of the video and the ability to enhance it would be a real asset to our investigators. There is no one product that can obtain every media, but Ocean Systems has an advanced model with the ability to allow video and audio enhancement in about 90% of the security systems. Our request is to fund the software and equipment to run this system on a County laptop. The system will be maintained and used by the Computer Crimes.Unit and will also be available to any police agency in Oakland County. The goal and objective of this project is to have the ability to enhance video and audio in order to solve crimes where potential video and audio is available to the investigator. Pro'ect: Cit , of Pontiac via Count of Oakland - Sheriff's Office Pontiac Law Enforcement Contract The Oakland County Sheriff's Office through a contract with the City of Pontiac, Emergency Manager, started police duties on August 1, 2011. This contract and subsequent contract runs through 12/31/2012 and we anticipate this being renewed for at least 5 years. The City of Pontiac is under an Emergency Manager appointed by the State of Michigan and the City has been identified as one 4 Cities in Michigan with a high violent crime rate and is in the top I 0 Cities in the United States for violent crimes. Our request is to fund high risk drug area patrols with overtime. The Sub station commander will assign directed patrol units along with plain clothes undercover deputies to patrol and make arrests based upon intelligence lead and data driven deployment decisions to impact drug related and other violent crime areas within the City. The goal and objective of this project is to lower the drug and violent crime rates within the City, to protect the citizenry and to remove the criminal elements in the high crime areas. OAKLAND COUNTY FY 2012 JAG - Application 2012-111085-M1-DJ Project Budget — Attachment 2 Project: County of Oakland - Sheriff's Office Video Enhancement Project Description of Item Unit Cost Quantity Total Ocean Systems Video Enhancement System . 1 $25,856 SHERIFF PROJECT TOTAL $25,856 Project: City of Pontiac via County of Oakland - Sheriff's Office Pontiac Law Enforcement Contract Description of item • Unit Cost Quantity Total Overtime (Deputy II) $65.40 1,470 hours $96,138 • CITY OF PONTIAC/SHERIFF PROJECT TOTAL S96,138 GRAND TOTAL $121,994 OAKLAND COUNTY FY 2012 JAG - Application 2012-H1085-MI-DJ Review Narrative — Attachment 3 Governing Body Review and Public Opportunity to Comment March 29, 2012 — Notification was sent to department heads and eligible County Departments regarding the release of the JAG Local Solicitation and an internal meeting was held April 4, 2012 to discuss internal allocations. April 16, 2012— Communication between Oakland County Sheriffs Office, City of Pontiac Substation Captain and the City of Pontiac Emergency Manager regarding project requests for City of Pontiac allocation. On April 18, 2012 The application was sent to the Oakland County internal executive review committee. Comments/approvals were returned by April 25, 2012. On May 2, 2012 — The Oakland County Board of Commissioners, as part of their regularly scheduled meeting, conducted a public hearing for the purpose of soliciting comments and input from the public regarding uSe of the grant funds. A copy of the application and MOU was made available to the full Board. On May 3, 2012 — The application was forwarded to the State Administrative Agency for regional planning agency review under Executive Order 12372. On May 8, 2012 — The application and MOU will be included on the Oakland County Board of Commissioners Public Services Committee agenda. On May 10, 2012 — The application and MOU will be included on the Oakland County Board of Commissioners Finance Committee agenda. OAKLAND COUNTY FY 2012 JAG -'2012-1-11085-MI-DJ Abstract and Top Five Project Identifiers — Attachment 4 Abstract County of Oakland: Sheriffs Office software and equipment acquisition for the Computer Crimes Unit. The requested system will give crime investigators the ability to enhance video and audio obtained from security cameras. City of Pontiac: Pursuant to an intergovernmental agreement, Oakland County, through its Sheriffs Department, provides law enforcement services for the City of Pontiac. The grant request is to fund overtime costs for high risk drug area patrols within the City of Pontiac. Top Five Project Identifiers 1 Crime Prevention 2 Community Policing 3 Drug Offenders 4 Computer sofiware/hardware 5 Equipment — Forensic pp For A Application Number: 2012-H1085-MI-DJ Intergovernmental Agreement Between The County i and The City of Pontiac lication for Federal Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant Program Funds This Intergovernmental Agreement (Agreement) is made between 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 and the City of Pontiac. 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 2012 — 2013. 2. 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 proper name shall mean that Governmental Entity specifically. Use of the term "Pontiac Intergovernmental Agreement JAG Grant application 4.09.12' 1 Application Number: 2012-H1085-MI-DJ 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 tins Agreement, and any other mutually agreed upon written modification, amendment, or addendum signed by the Parties to this Agreement. 3.2. 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 BJA Grant Application number 2012-H1085-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, tine, 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 more fully described below. Intergovernmental Agreement JAG Grant application 4.09.12 2 Application Number: 2012-111085-Ml-DJ 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 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"), and includes an emergency manager, if any. Pontiac Delegee 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. 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 5. Terms 5.1. . Grant Compliance. The County (either on its own behalf or in its capacity as Pontiac Delegee) and Pontiac 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 Delegee) and Pontiac 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, Intergovernmental Agreement 3 JAG Grant application 4.09.12 3.9. Application Number: 2012-H1085-MI-DJ 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 and Pontiac acknowledge that in order to be eligible for the JAG funds, the Federal Government 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) and Pontiac 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) and Pontiac 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 BJA 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 Grant 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 2012-2013, the total Grant allocation is one hundred twenty one thousand, nine hundred ninety four dollars ($121,994.00). 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 expended over the four (4) year grant period which extends through 2015. 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). 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) pursuant to their joint Grant application, including initial acceptance of funds from the BJA and the dispersal of Grant funds 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. a. The County (either on its own behalf or in its capacity as Pontiac Delegee) shall be fully responsible for timely completing any and all compliance reports required by -BJ A or timely providing information, in the agreed-upon format, necessary to complete any and all BJA compliance reports that are or Intergovernmental Agreement JAG Grant application 4.09.12 4 Application Number: 2012-H1085-MI-Dl may be required under the Grant. b. The County, when acting 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. c. The County, acting as Fiscal Agent, shall notify Pontiac, at the end of the County's fiscal year, of the dollar amount of Grant Program funds released to or for the benefit of Pontiac for that -fiscal year. This amount shall include the dollar amount for equipment purchased with Grant Program funds by the County on behalf of Pontiac. d. Pontiac shall list the County-provided dollar amount on its Schedule of Expenditures of Federal Awards and provide a copy of its Single Audit Report to the County as described in the 2011 OJP Financial Guide: Audit Requirements under AUDIT OF SUBRECIPIENTS. 5.8. Communication. The County (either on its own behalf or in its capacity as Pontiac Delegee) agrees, upon request, to provide summary information on its compliance with Grant requirements to Pontiac 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 capacity as Pontiac Delegee) 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 County is acting on its own behalf, it shall accept title to the equipment at delivery. If the County is acting as Pontiac Delegee, the County shall accept and retain title to the equipment for as long as the County is providing law enforcement services for Pontiac. 5.9.3 The County (either on its own behalf or in its capacity as Pontiac Del.cgee) shall be responsible for creating, maintaining and updating a list/inventory of all equipment purchased 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 ending three (3) years after the Grant has expired. Intergovernmental Agreement JAG Grant application 4.09.12 5 Application Number: 2012-H1085-MI-DJ 5.10: Hiring Employees. The County (either on its own behalf or in its capacity as Pontiac Delegee) 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 Deleve) agrees to provide, as 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, 2015. 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 and Pontiac 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. a. The County, acting on its own behalf, may terminate this Agreement on 30 days written notice provided it fully and completely withdraws from participation in the BjA Grant. Termination does not release the County from complying with the terms and conditions of the Grant until the date of termination or for any other period specifically required by BJA. b. Termination of this Agreement does not release the County (either on its own behalf or in its capacity as Pontiac Delegee) or Pontiac from any obligations they 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 don-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). and Pontiac, by entering into this Agreement, warrant and represent that the funds for which the County will apply on their 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 Delegee), and Pontiac warrant and certify that they are in compliance Intergovernmental Agreement JAG Grant application 4.09.12 6 Application Number: 2012-141085-MI-DI with the warranties and certifications required in the Grant application. Pontiac authorizes the County to make such warranties and certifications on its behalf The County (either on its own behalf or in its capacity as Pontiac Delegee) and Pontiac 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, shall be responsible for its own acts and/or omissions and the acts and/or omissions of its Agents. Indemnification between Pontiac and the County is as set forth in the law enforcement services agreement between them. Nothing in this Agreement shalt 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 a 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) and Pontiac, 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) and Pontiac. 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) and Pontiac. 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 ten -ri, 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. 5.23. Severability. If a court of competent jurisdiction finds a term or condition of this Intergovernmental Agreement JAG Grant application 4.09.12 7 Application Number: 2012-111085-MI-DJ Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force and effect. 5.24. Discrimination. The County (either on its own behalf or in its capacity as Pontiac Delegee) and Pontiac 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 Delegec) and Pontiac shall be responsible for obtaining and maintaining, throughout the term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry out its obligations and duties pursuant to this Agreement.- 5.26. Delegation/Subcontract/Assignment. The County (either on its own behalf or in its capacity as Pontiac Delegee) and Pontiac 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 County acting as 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; SeVcrability; No Indemnification; Equipment and Property Acquisition; Full Compliance and Survival of Terms. 5.28. Counterparts. This Agreement may be executed in 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) and Pontiac have fully reviewed the terms, eenditions 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 BJA. The County (either on its own behalf or in its capacity as Pontiac Delegee) and Pontiac each acknowledges its Obligation to fulfill those conditions, requirements and obligations in order to comply 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 Intergovernmental Agreement JAG Grant application 4.09.12 8 Application Number: 2012-H1085-M1-DJ first occurs: 1) the date of actual receipt; 2) the next business day when notice is sent express delivery service or personal delivery: or 3) three days after mailing first class or certified U.S. mail. A Party may change the contact person by notifying the other Party 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) and Pontiac 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) and Pontiac have legal authority to sign this Agreement and bind the Parties to the terms and conditions it contains. 5.33. Entire Agreement. This Agreement represents the entire Agreement between the Parties for JAG grant applications for fiscal year 2012 — 2013 and supersedes all other Agreements between The County (either on its own behalf or in its capacity as Pontiac Delegee) and Pontiac governing the matters described here, limited to .JAG Grant Application Number 2012-H1085L.MI-DJ, for fiscal year 2012 — 2013. 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 4.09.12 9 Application Number: 2012-Hi 085-M1-DJ In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, pursuant to the requirements of the Edward Byrne Justice Assistance Grant (JAG) Program that, in order to make application for Grant funds that may be available, the Parties enter into this Agreement. For the City of (print name) Date For the County of Oakland: (print name) Date Intergovernmental Agreement JAG Grant application 4.09.12 10 Application Number: 2012-HI085-M1-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 Name MI OAKLAND COUNTY MI PONTIAC CITY Intergovernmental Agreement JAG Grant application 4.09.12 11 Application Number: 2012-F11085-M1-DJ Appendix B Grant Fund Allocations Allocation Jurisdiction Name OAKLAND COUNTY $25,856 PONTIAC CITY $96,138 TOTAL $121,994 intergovernmental Agreement JAG Grant application 4.09.12 12 OMB No. 1121-0329 U.S. Department of Justice 0 nice of Justice Programs Bun', in of Ins tic .• tom. 45:zigit~,otpaligirhavno76:-Ltii?w54#1.94teivtilt sief 0:2:tkFrAtv.,iv%7A The U.S. Department of JustirP (D0J), Of lice of Justice Programs (0JP) Bureau of Justice Assistance (BJA) is pleased to announce that it is seeking applications for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the Department's mission by assisting state, local, and tribal efforts to prevent or reduce crime and violence. Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation Eligibility Applicants are limited to units of local government appearing on the FY 2012 JAG Allocations List. To view this list, go to www.bia.govi_programsrae/12'a allocations.html. For JAG program purposes, a unit of local government is: a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may also be a federally recognized Indian tribe that performs law enforcement functions (as determined by the Secretary of the Interior). Otherwise a unit of local government may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes. In Louisiana, a unit of local government means a district attorney or parish sheriff. In the District of Columbia or any United States Trust Territory, a unit of local government is any agency of the District of Columbia or federal government performing law enforcement functions for the District of Columbia or Trust Territories of the United States. Deadline Applicants must register in (GMS) prior to submitting application for this funding opportunity. Select the "Apply Online" button associated with the solicitation title. (See "How To Apply," page 14.) All registrations and applications are due by 8:00 p.m. eastern time on May 14,2012. (See "Deadlines: Registration and Application," page 4.) Contact Information For technical assistance with submitting the application, contact the Grants Management System Support Hotline at 1-888-549-9901, option 3, or via e-mail to GMS.HelpDesk Note: The GMS Support Hotline hours of operation are Monday—Friday from 6:00 a.m. to 12 midnight eastern time, except federal holidays. For assistance with any other requirement of this solicitation, contact the BJA Justice Information Center at 1-877-927-5657, via e-mail to JICRtelesishq.com , or by live web chat. The BJA Justice Information Center hours of operation are 8:30 a.m. to 5:00 p.m. eastern time, and 8:30 a.m. to 8:00 p.m. eastern time, Monday through Friday, on the solicitation close date. Funding opportunity number assigned to announcement: BJA-2012-3256 Release date: March 28, 2012 BJA-2012-3256 OMB No. 1121-0329 Approval Expires 02128/2013 2 18 18 20 21 CONTENTS Overview 4 Deadlines: Registration and Application 4 Eligibility 4 JAG Program—Specific Information 4 Updated Requirements 8 • Reporting Requirements 10 Performance Measures 10 Notice of Post-Award FFATA Reporting Requirement 11 Priorities 11 How To Apply 14 What an Application Should Include 16 Information to Complete the Application for Federal Assistance (SF-424) (Required) Program Narrative (Required) Budget and Budget Narrative (Required) Review Narrative (Required) Abstract with Project Identifiers (Required) Tribal Authorizing Resolution (if applicable) Additional Attachments (if applicable) Other Standard Forms Review Process Additional Requirements Provide Feedback to OJP on This Solicitation Application Checklist BJA-2012-3256 OMB No, 1121-0329 Approval Expires 02/28/2013 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Solicitation CFDA ::16.738 Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. JAG-funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Deadlines: Registration and Application Applicants must register in GMS prior to submitting an application for this funding opportunity. The deadline to register in GMS is 8:00 p.m. eastern time on May 14, 2012, and the deadline to apply for funding under this announcement is 8:00 p.m. eastern time on May 14, 2012. See the "How To Apply" section on page 14 for more details. Eligibility Refer to the cover page of this solicitation for eligibility under this program. JAG Program—Specific Information Formula Once each fiscal year's overall JAG Program funding level is determined, BJA partners with the Bureau of Justice Statistics (BJS) to begin a four-step grant award calculation process which consists of: Computing an initial JAG allocation for each state and territory, based on their share of violent crime and population (weighted equally). 2. Reviewing the initial JAG allocation amount to determine if the state or territory allocation is less than the minimum ("de minimus") award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the state or territory is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG funds. Each of the remaining states receives the minimum award plus an additional amount based on their share of violent crime and popPlation. 3. Dividing each state's final award amount (except for the territories and District of Columbia) between state and local governments at a rate of 60 and 40 percent, respectively. BJA-2012-3256 OMB No. 1121-0329 Approval Expires 0212812013 4 4. Determining local unit of government award allocations, which are based on their proportion of the state's three-year violent crime average. If a local eligible award amount is less than $10,000, the funds are returned to the state to be awarded to these local units of government through the state agency. lithe eligible award amount is $10,000 or more, then the local government is eligible to apply for a JAG award directly from BJA, Award Amount Eligible award amounts under JAG are posted annually to BJA's JAG web page: www.bia.gov/ProgramDetails.aspx?Proqram ID=59. All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by law. Purpose Areas JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation, data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: • Law enforcement programs. • Prosecution and court programs. • Prevention and education programs. * Corrections and community corrections programs. * Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (other than compensation). JAG funds may also be used to address key statutory requirements that may not be otherwise funded, including requirements from the state and federal level, such as addressing limited English proficiency requirements and other similar mandates. RaQpnnAlhi li ties The Chief Executive Officer (CEO) of an eligible unit of local government or other officer designated by the CEO must submit the application for JAG funds. A unit of local government receiving a JAG award will be responsible for the administration of the funds including: distributing the funds; monitoring the 'award; submitting quarterly financial status (SF-425) and performance metrics reports and annual programmatic reports; and providing ongoing oversight and assistance to any subrecipients of the funds. Length of Awards Awards are made in the first fiscal year of the appropriation and may be expended during the following 3 years, for a total grant period of 4 years. Extensions beyond this period may be made on a case-by-case basis at the discretion of the Director of BJA and must be requested via the Grants Management System (GMS) no less than 30 days prior to the grant end date. BJA-2012-3256 OMB No. 1121-0329 Approval Expires 02/28/2013 5 Administrative Funds A unit of local government may use up to 10 percent of the award, plus any interest accrued, for costs associated with administering JAG funds. Disparate Certification A disparate allocation occurs when a city or municipality is allocated one-and-one-half times (150 percent) more than the county, while the county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1 violent crimes. A disparate allocation also occurs when multiple cities or municipalities are collectively allocated four times (400 percent) more than the county, and the county bears more than 50 percent of the collective costs associated with prosecution or incarceration of each municipality's Part 1 violent crimes. * Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicant/fiscal agent for joint funds, must be completed, and signed by the Authorized Representative for each participating jurisdiction. The signed MOU should be attached to the application. For a sample MOU, go to www.bja.gov/Funding/JAGMOU.pdf. Governing Body Review The applicant agency (fiscal agent in disparate situations) must make the grant application available for review by the governing body (or to the organization designated by the governing body) not fewer than 30 days before the application is submitted to BJA. Public Comment The applicant agency (the fiscal agent in disparate situations) must include a statement that the application was made public and that, to the extent nf1,ap),plinnhiR law or established procedure, an opportunity to comment was provided to citizens and to neighborhood or community-based organizations. Supplanting Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the same purpose. Supplanting is prohibited under JAG. See BJA's JAG web ease and the updated JAG FAQs for examples of supplanting. BJA-2012-3256 OMB No. 1121-0329 Approval Expires 02/2812013 6 Trust Fund Award recipients may draw down JAG funds in advance. To do so, a trust fund must be established in which to deposit the funds. The trust fund may or may not be an interest-bearing account. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit funds. This trust fund requirement only applies to direct JAG award recipients as well as subrecipients that are not on a reimbursement basis. Match Requirement While match is not required with the JAG Program, match is as an effective strategy for states and units of local government to expand justice funds and build buy-in for local criminal justice initiatives. If an applicant proposes a voluntary match amount, the match amount incorporated into the OJP-approved budget becomes mandatory and subject to audit. Prohibited Uses No JAG funds may be expended outside of JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies* that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • **Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters). • Luxury items. • Real estate. • Construction projects (other than penal or correctional institutions). • Any similar matters. *For information related to requesting a waiver to use funds for any prohibited item, refer to the updated JAG FACes on BJA's JAG weLoge. **police cruisers may include a police pursuit vehicle (PPV) or system support vehicle (SSV). Examples include sedans and sport utility vehicles (SUVs). Budget Information Limitation on Use of Award Funds for Employee Compensation; Waiver With respect to any award of more than $250,000 made under this solicitation, federal funds may not be used to pay total cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a member of the Federal Government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. The 2012 salary table for SES employees is available at www.opm.qov/oca/12tables/indexSES.asp. Note: A recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. (Any such additional compensation will not be considered matching funds where match requirements apply.) BJA-2012-3256 OMB No. 1121-0329 Approval Expires 0212812013 7 The limitation on compensation rates allowable under an award may be waived on an individual basis at the discretion of the Assistant Attorney General (AAG) for OJP. An applicant requesting a waiver should include a detailed justification in the budget narrative of its application. Unless the applicant submits a waiver request and justification with the application, the applicant should anticipate that OJP will request the applicant to adjust and resubmit its budget. The justification should include the particular qualifications and expertise of the individual, the uniqueness of the service being provided, the individual's specific knowledge of the program or project being undertaken with award funds, and a statement explaining that the individual's salary is commensurate with the regular and customary rate for an individual with his/her qualifications and expertise, and for the work to be done. Minimization of Conference Costs No OJP funding. can be used to purchase food and/or beverages for any meeting, conference, training, or other event. Exceptions to this restriction may be made only in cases where such sustenance is not otherwise available (i.e., extremely remote areas), or where a special presentation at a conference requires a plenary address where there is no other time for sustenance to be obtained. Such an exception would require prior approval from the BJA Director. This restriction does not apply to water provided at no cost, but does apply to any and all other refreshments, regardless of the size or nature of the meeting. Additionally, this restriction does not impact direct payment of per diem amounts to individuals in a travel status under your organization's travel policy. Updated Department of Justice and OJP guidance on conference planning, minimization of costs, and conference cost reporting will be forthcoming and will be accessible on the OJP web site at www.olp.usdoi.gov/fundino/fundincthtm. Costs Associated with Language Assistance (if applicable) If an applicant proposes a program or activity that would deliver services or benefits to individuals, the costs of taking reasonable steps to provide meaningful access to those services or benefits by individuals with limited English proficiency may be allowable costs. Reasonable steps to provide meaningful access to services or benefits may include interpretation or translation services where appropriate. For additional information, see the "Civil Rights Compliance" section of the OJP "Other Requirements'for OJP Applications" web page (www.oip,uscloj,gov/fundinglother requirements.htm). Updated Requirements Bulletproof Vest Certification Bulletproof vests can be funded through two BJA-administered programs: the JAG Program and the Bulletproof Vest Partnership (BVP) Program. 6 BVP is a program designed to provide a critical resource to state and local law enforcement through the purchase of ballistic-resistant and stab-resistant body armor. A jurisdiction is able to request up to 50 percent of the cost of a vest with BVP funds. For more information on the BVP Program, including eligibility and application, refer to the BVP web page. BJA-2012-3256 OMB No, 1121..0329 Approval Expires 02/28/2013 8 • JAG funds may also be used to purchase vests for an agency, but they may not be used to pay for that portion of the bulletproof vest (50 percent) that is not covered by BVP funds. Unlike BVP, JAG funds used to purchase vests do not require a 50 percent match. • Bulletproof vests purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards. In addition, bulletproof vests purchased must be American-made. The latest NIJ standard information can be found at: www.nii.gov/topics/technolo, /bod -armorisafety-initiative.htm. • As is the case in BVP, grantees that wish to purchase vests with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. FAQs related to the mandatory wear policy and certifications can be found at www_bia.gov/Funding/JAGFAQ.pdf This policy must be in place for at least all uniformed officers before any FY 2012 funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. A mandatory wear concept and issues paper and a mode/ policy are available by contacting the BVP Customer Support Center at vests(a)usdoi.qov or toll free at 1-877-758-3787. • A copy of the certification related to the mandatory wear can be found at: www.bia. ov/Fundin /12JAGBVPCert..df. Interoperable Communications Guidance • Grantees (including subgrantees) that are using FY 2012 JAG Program funds to support emergency communications activities must comply with the FY 2012 SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Emergency communications activities include the purchase of Interoperable Communications Equipment and technologies such as voice-over-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order. SAFECOM guidance can be found at • Grantees interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band. The recipient shall also ensure projects support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with the full-time Statewide lnteroperability Coordinator (SWIG) in the state of the project. As the central coordination point for their state's interoperability effort, the SWIC plays a critical role, and can serve as a valuable resource. SWICs are responsible for the implementation of the SC1P through coordination and collaboration with the emergency response community. The U.S. Department of Homeland Security Office of Emergency Communications maintains a list of SWICs for each of the 56 states and territories. Contact OECAhri.dhs.gov if you are not familiar with your state or territory's SWIC. If any future regulatory requirement (from the FCC or other governmental entity) results in a material technical or financial change in the project, the recipient should submit associated documentation, and other material, as applicable, for review by the SWIG to ensure BJA-2012-3256 OMB No, 1121-0329 Approval Expires 02/28/2013 9 coordination. Grantees (and sub-grantees) must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased of each item) to their assigned BJA State Policy Advisor once items are procured during any periodic programmatic progress reports. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS), by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior express written approval from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at ncirs,goypdffileslinii/s1000989.odf Reporting Requirements Once an award is accepted, award recipients must submit quarterly financial status (SF-425) and annual programmatic reports through GMS, quarterly performance metrics reports (see Performance Measures section below) through BJA's Performance Measurement Tool (PMT), and Federal Funding Accountability and Transparency Act (FFATA) reports through the FFATA Sub-award Reporting System .(FSRS) as necessary (see FFATA section below). Performance Measures To assist in fulfilling the Department's responsibilities under the Government Performance and Results Act of 1993 (GPRA), P.L. 103-62, and the GPRA Modernization Act of 2010, Public Law 111-352, applicants who receive funding under this solicitation must provide data that measures the results of their work. Quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) web site: www.biaperfornancetooIs.org performance measure can be found at: All JAG recipients should be aware that BJA is currently making changes to the JAG performance reporting processes, including measures. While state administering agencies are playing a role in the process, recipients are advised that the reporting requirements noted above may be subject to modification through this process. Submission of performance measures data is not required for the application. Instead, applicants should discuss in their application their proposed methods for collecting data for performance measures. Refer to the section "What an Application Should Include" on page 16 for additional information. Note on Project Evaluations Applicants that propose to use funds awarded through this solicitation to conduct project evaluations should be aware that certain project evaluations (such as systematic investigations designed to develop or contribute to generalizable knowledge) may constitute "research" for purposes of applicable DOJ human subjects protection regulations. However, project evaluations that are intended only to generate internal improvements to a program or service, or are conducted only to meet OJP's performance measure data reporting requirements likely do BJA-2012-3256 OlvlB No. 1121-0329 Approval Expires 02/28/2013 10 not constitute "research." Applicants should provide sufficient information for OJP to determine whether the particular project they propose would either intentionally or unintentionally collect and/or use information in such a way that it meets the DOJ regulatory definition of research. Research, for the purposes of human subjects protections for OJP-funded programs, is defined as, "a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge." 28 C.F.R. § 46.102(d). For additional information on determining whether a proposed activity would constitute research, see the decision tree to assist applicants on the "Research and the Protection of Human Subjects" section of the OJP Other Requirements for OJP Applications" web page Applicants whose proposals may involve a research or statistical component also should review the "Confidentiality" section on that web page. Notice of Post-Award FFATA Reporting Requirement Applicants should anticipate that OJP will require all recipients (other than individuals) of awards of $25,000 or more under this solicitation, consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA), to report award information on any first-tier subawards totaling $25,000 or more, and, in certain cases, to report information on the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients. Each applicant entity must ensure that it has the necessary processes and systems in place to comply with the reporting requirements should it receive funding. Reports regarding subawards will be made through the FFATA Subaward Reporting System (FSRS), found at www.fsrs.gov . Note also that applicants should anticipate that no subaward of an award made under this solicitation may be made to a subrecipient (other than an individual) unless the potential subrecipient acquires and provides a Data Universal Numbering System (DUNS) number. Priorities BJA recognizes that the downturn in the economy has resulted in significant pressures on state and local criminal justice systems. In these challenging times, shared priorities and leveraged resources can make a significant impact. In light of this, it is important to make SAAs and local JAG recipients aware of several areas of priority that may be of help in maximizing the effectiveness of JAG funding at the state and local level. . As an overall framework for success, we encourage both state and local comprehensive justice planning, bringing all of the system stakeholders together—including law enforcement, courts, prosecutors, defenders, corrections officials, and other stakeholders (including victims and victim advocates)----to create a comprehensive and strategic justice plan to ensure coordination and a more effective justice system. In addition to our longstanding and unwavering commitment to keeping violent crime at its lowest level in decades, the following priorities represent key areas where we will be focusing nationally and invite each state and local JAG recipient to join us in addressing these challenges as a part of our JAG partnership. BJA-2012-3256 OMB No, 1121-0329 Approval Expires 02/28/2013 1 1 Funding Evidence-Based Programs BJA strongly encourages state and local planners to fund programs that are evidence-based and have been proven effective. In the current difficult budgetary climate, it is more critical than ever that JAG dollars are spent on programs with proven effectiveness. Questions often arise about what is meant by evidence-based programs. OJP considers programs and practices to be evidence-based when their effectiveness has been demonstrated by causal evidence (generally obtained through one or more outcome evaluations). Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change, and the extent to which a change may be attributed to the activity or intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence-based. In 2011, OJP made an excellent online tool available to criminal justice practitioners and policy makers to identify evidence based programs that are effective or promising. CrimeSolutions,dov is the OJP online resource about what works in criminal justice, juvenile justice, and crime victim services. Using certified expert reviewers, CrimeSolutions.gov provides detailed information and evidence ratings of programs that may fall within the JAG purpose areas. Launched in June 2011, CrimeSoultions.gov features multiple, user-friendly search options; easy to read program profiles and evaluation summaries from over three decades of research; and recognizable evidence ratings by certified reviewers with research and subject area expertise . CrimeSolutions.gov is intended to increase the use of evidence-based programs in criminal justice, juvenile justice and victim services settings; inform practitioners and policy makers about what works using the best available evidence; and help state and local jurisdictions address crime effectively and efficiently. BJA urges SAAs and local jurisdictions to use information available in CrimeSolutions.gov in making funding decisions.. Criminal Justice Planning Jurisdictions are strongly encouraged to use JAG funding to support their existing strategic plan. If such a plan does not now exist, jurisdictions are encouraged to develop and undertake a strategic planning process, using a community engagement model, in order to guide spending under this and future fiscal year allocations. Training and technical assistance (TTA) is available from BJA's TTA providers to assist localities with the development of their strategic planning process and their plan to fund evidence-based projects. To ensure that the impact of Byrne JAG funding decisions is considered across the entire criminal justice system, we are redoubling our efforts to encourage state and local jurisdictions to bring all system stakeholders together in the strategic planning process. Our recommended guidelines are that at a minimum, the strategic planning process includes law enforcement, courts, prosecutors, indigent defense providers, victim advocates, and corrections and community corrections officials. BJA will continue to provide yaluable technical assistance in 2012 through the National Criminal Justice Association (NCJA) for comprehensive criminal justice planning that includes bringing all criminal justice stakeholders to the table to develop innovative strategies to improve the fair administration of justice. For more information, see the National Center for Justice Plannin. web site. BJA-2012-3256 OMB No, 1121-0329 Approval Expires 02/28/2013 12 Recidivism Reduction and Community Corrections In this time of fiscal austerity and smaller state and local budgets, reducing the overall costs of incarceration in a manner that promotes public safety is a paramount goal. Effective community supervision coupled with evidence-based program interventions can result in significant reductions in recidivism. A priority funding area is the implementation of effective pre-trial services programs and innovative programs and approaches in probation and parole supervision that improve services to offenders and increase collaborative efforts among community supervision agencies with law enforcement and the courts. This includes development and implementation of strategies for the identification, supervision, and treatment of medium- to high-risk offenders that demonstrate the integration, use, and efficacy of evidenced-based practices and principles in the improvement of the delivery of probation and/or parole supervision strategies and practices. Indigent Defense Another key priority area is ensuring that justice is truly done in the criminal justice system is support for indigent defense. BJA continues to encourage states and SAAs to use JAG funds to support the vital needs of the indigent defense community. Attorney General Holder has consistently stressed that the crisis in indigent defense reform is a serious concern which must be addressed if true justice is to be achieved in our nation. In 2002, the American Bar Association (ABA) published Ten Principles of a Public Defense Delivery System which represent fundamental building blocks for implementing quality legal representation for indigent defendants. (See ABA Ten Princi les.) Evidence-Based "Smart Policing" Programs As a result of the current fiscal crisis, many police departments are experiencing unprecedented budget cuts, layoffs and reductions in force. These challenges must be met by making wider use of advancements in the law enforcement field in the last several decades which rely on use of data, crime analysis, crime mapping and other analytic tools, cutting edge technology, and research and evaluations regarding effective policing strategies and programs. A useful matrix of evidence-based policing programs and strategies is available through the Center for Evidence-Based Policy at George Mason University and provides valuable information on policing strategies and programs that work. BJA encourages states to use JAG funds to support these "smart policing" strategies, including a focus on real time crime analysis centers (CACs), and effective partnerships with universities and research partners and with non-traditional criminal justice partners. Counterterrorism continues to be the number one priority for the Department of Justice. At the state and local level, high functioning, evidence-based, data driven Public safety agencies are a critical coMponent of our nation's "all crimes" strategy. In addition, the JAG Program has long supported effective and collaborative multi-jurisdictional task forces and justice information sharing programs, which continue as a priority in order to maintain our nation's historic reductions in violent crime. Officer Safety and Wellness Law enforcement safety and wellness issues are an important priority for the Department of Justice, have become highly visible as recent trends have shown an increase in law enforcement deaths. According to the National Law Enforcement Officers Memorial Fund, 2011 showed a 16 percent increase in law enforcement fatalities with a 20 percent increase in BJA-2012-3256 OMB No. 1121-0329 Approval Expires 02/28,12013 13 firearms-related fatalities. The Department of Justice is taking a holistic approach to addressing officer safety and wellness by providing training and technical assistance to state and local law enforcement, as well as studying law enforcement injuries. BJA encourages states and local jurisdictions to Use JAG funds to support this priority area by providing training—such as paying for tuition and travel expenses related to attending trainings like the VALOR training—as well as providing start-up funding for health and wellness programs to law enforcement agencies. How To Apply Applications are submitted through OJP's Grants Management System ( : is a web- based, data-driven computer application that provides cradle to grave support for the application, award, and management of awards at OJP. Applicants must register in GMS for each specific funding opportunity and should begin the process immediately to meet the GMS registration deadline, especially if this is the first time using the system. Complete instructions on how to register and submit an application in GMS can be found at If the applicant experiences technical difficulties at any point during this process, e-mail or call 888-549-9901 (option 3), Monday–Friday from 6:00 a.m. to midnight eastern time, except federal holidays. OJP highly recommends that applicants start the registration process as early as possible to prevent delays in submitting an application package by the specified application deadline. All applicants should complete the following steps: 1. Acquire a Data Universal Numbering System (DUNS) number. In general, the Office of Management and Budget requires that all applicants (other than individuals) for federal funds include a DUNS number in their application for a new award or renewal of an existing award. A DUNS number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of entities receiving federal funds. The identifier is used for tracking purposes and to validate address and point of contact information for federal assistance applicants, recipients, and subrecipients. The DUNS number will be used throughout the grant life cycle. Obtaining a DUNS number is a free, one-time activity. Obtain a DUNS number by calling Dun and Bradstreet at 866-705-5711 or by applying online at A DUNS number is usually received within 1-2 business days. 2. Acquire or renew registration with the Central Contractor Registration (CCR) database. OJP requires that all applicants (other than individuals) for federal financial assistance maintain current registrations in the r.r.R database. The CCR database is the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. Organizations that have previously submitted applications via Grants.gov are already registered with CCR, as it is a requirement for Grants.gov registration. Note, however, that applicants must update or renew their CCR registration annually to maintain an active status. Information about CCR registration procedures can be accessed 3. Acquire a GMS username and password. A new user must create a GMS profile by selecting the "First Time User" link under the sign-in box of the home page. For more information on how to register in GMS, go to • : BJA-2012-3256 OMB No. 1121-0329 Approval Expires 02/28/2013 14 4. Verify the CCR registration in GMS. OJP requests that all applicants verify their CCR registration in GMS. Once logged into GMS, click the "CCR Claim" link on the left side of the default screen. Click the submit button to verify the CCR registration. 5. Search for the funding opportunity on GMS. After logging into GMS or completing the GMS profile for username and password, go to the "Funding Opportunities" link on the left side of the page. Select the Bureau of Justice Assistance and the Edward Byrne Memorial Justice Assistance Grant (JAG) Program—Local Solicitation. 6. Register by selecting the "Apply Online" button associated with the solicitation title. The search results from step 5 will display the solicitation title along with the registration and application deadlines for this funding opportunity. Select the "Apply Online" button in the "Action" column to register for this solicitation and create an application in the system. 7. Complete the Disclosure of Lobbying Activities. All applicants must complete this information and submit the form in GMS. An applicant that expends any funds for lobbying activities must provide the detailed information requested on the form, Disclosure of Lobbying Activities, (SF-LLL). An applicant that does not expend any funds for lobbying activities should enter "N/A" in the required highlighted fields. Access the form at www.oip,gov/funcling/forms/disclosure.pdf. Submit an application consistent with this solicitation by following the directions in GMS. Once submitted, GMS will display a confirmation screen stating the submission was successful. Important: In some instances, an applicant must wait for GMS approval before submitting an application. Applicants are urged to submit the application at least 72 hours prior to the due date of the application. Note: OJP's Grants Management System (GMS) does not accept executable file types as application attachments. These disallowed file types include, but are not limited to, the following extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," ".db," ".dbf," ".dII," ".ini," ".log," ".ora," ".sys," and ".zip." • . Note: Duplicate_.Ap if an applicant submits multiple versions of an application, BJA will review the most recent version submitted. Experiencing Unforeseen GisviS Technical Issues If an applicant experiences unforeseen GMS technical issues beyond the applicant 'S control that prevent submission of its application by the deadline, the applicant must contact the BJA Programs Office staff within 24 hours after the deadline and request approval to submit the application. At that time, BJA Programs Office staff will instruct the applicant to submit specific information detailing the technical difficulties. The applicant must e-mail: a description of the technical difficulties, a timeline of submission efforts complete grant application, the • applicant DUNS number, and GMS Help Desk tracking number(s) received. Note: Requests are not automatically approved by BJA. After the program office reviews all of the information submitted, and contacts the GMS Help Desk to validate the technical issues reported, OJP will contact the applicant to either approve or deny the request to submit a late application. If the technical issues reported cannot be validated, the application will be rejected as untimely. BJA-2012-3256 OMB No. 1121-0329 Approval Expires 0212812013 15 The following conditions are not valid reasons to permit late submissions: (1) failure to begin the registration process in sufficient time, (2) failure to follow GMS instructions on how to register and apply as posted on its Web site, (3) failure to follow all of the instructions in the OJP solicitation, and (4) technical issues experienced with the applicant's computer or information technology (IT) environment, including firewalls. Notifications regarding known technical problems with GMS, if any, are posted at the top of the OJP funding web page, n^ ; What an Application Should Include Applicants should anticipate that failure to submit an application that contains all of the specified elements may negatively affect the review of the application and, should a decision be made to make an award, will result in the inclusion of special conditions that preclude access to or use of award funds pending satisfaction of the conditions. Refer to the BJA Grant Writing and Management Academy and OJP 101 for an overview of what should be included in each application requirement. These trainings can be found at ja.ncjrsjiov/qvvma/index.html and www.oip.Oov/grants101/. OJP strongly recommends use of appropriately descriptive filenames (e.g., "Program Narrative," "Budget and Budget Narrative," "Memoranda of Understanding," etc.) for all required attachments. 1. Information to Complete the Application for Federal Assistance (SF-424) The SF-424 is a standard form required for use as a cover sheet for submission of pre- applications, applications, and related information. Grants.gov and GMS take information from the applicant's profile to populate the fields on this form. 2. Program Narrative Applicants must submit a program narrative that generally describes the proposed program activities for the four year grant period. The narrative must outline the type of programs to be funded by the JAG award and provide a brief analysis of the need for the programs. Narratives must also identify anticipated coordination efforts involving JAG and related justice funds„ Certified disparate jurisdictions submitting a joint application must specify the funding distribution to each disparate unit of local government and the purposes for which ttie funds Mi r be used. . . Failure to submit this required information will result in an application being returned in the Grants Management System (GMS) for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. 3. Budget and Budget Narrative Applicants must submit a budget and budget narrative outlining how JAG funds, including administrative funds if applicable, will be used to support and implement the program. This narrative should include a full breakdown of administrativ.e costs, as well as an overview of how funds will be allocated across approved JAG purpose areas. Applicants should utilize the following approved budget categories to label the requested expenditures: Personnel, Fringe Benefits, Travel, Equipment, Supplies, Consultants/Contracts, and an Other BJA-2012-3256 OMB No. 1121-0329 Approval Expires 02/28/2013 16 category. For informational purposes only, a sample budget form may be found at www.oio,usdoi.cov/fundinq/forms/budget Failure to submit this required information will result in an application being returned in the Grants Management System (GMS) for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. 4. Review Narrative Applicants must submit information documenting that the date the JAG application was made available for review to the governing body, or to an organization designated by that governing body, on a date not less than 30 days before the application was submitted to BJA. The attachment must also specify that an opportunity to comment was provided to citizens to the extent applicable law or established procedures make such opportunity available. Failure to submit this required information will result in an application being returned in the Grants Management System (GMS) for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. 5. Abstract Applicants must provide an abstract that includes the applicant's name, title of the project, goals of the project, and a description of the strategies to be used. In addition, above or below the abstract narrative, applicants must identify up to five project identifiers that would be associated with proposed project activities. The list of all identifiers can be found at yvww.bja.q_av/programs/jag/iao12/12JAGIdentifiers.pdf. The abstract should not exceed a half-page, or 400-500 words. Failure to submit this required information will result in an application being returned in the Grants Management System (GMS) for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. 6. Tribal Authorizing Resolution (if applicable) If an application is being submitted by either (1) a tribe or tribal organization or (2) a third party proposing to provide direct services or assistance to residents on tribal lands, then a current authorizing resolution of the governing body of the tribal entity or other enactment of the tribal council or comparable governing body authorizing the inclusion of the tribe or tribal organization and its membership should be included with the application. In those instances when an organization or consortium of tribes proposes to apply for a grant on behalf of a tribe or multiple specific tribes, then the application should include a resolution (or comparable legal documentation, as may be applicable) from all tribes that will be included as a part of the services/assistance provided under the grant. A consortium of tribes for which existing consortium bylaws allow action without support from all tribes in the consortium (i.e., without authorizing resolution or other enactment of each tribal governing body) may submit a copy of its consortium bylaws with the appliaation in lieu of tribal ' resolutions (or comparable legal documentation). If an applicant is unable to obtain and submit with its application a fully-executed (i.e., signed) copy of a tribal resolution or other, comparable legal documentation as may be consistent with the tribe's governance structure, then, at minimum, the applicant should submit an unsigned, draft version of such legal documentation as part of its application BJA-2012-3256 01v1B No, 1121-0329 Approval Expires 02/28/2013 17 (except in cases where, with respect to a tribal consortium applicant, consortium bylaws allow action without the support of all consortium member tribes). If selected for funding, use of and access to funds will be contingent on receipt of the fully-executed tribal resolution or other, comparable legal documentation. 7. Additional Attachments (if applicable) Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicant/fiscal agent for joint funds, must be completed, and signed by the Authorized Representative for each participating jurisdiction. The signed MOU must be attached to the application. For a sample MOU, go to www.Ua.c ov/Fundin /JAGMOU.pdf. Failure to submit this required information will result in an application being change requested in the Grants Management System (GMS) for inclusion of the missing information OR the attachment of a withholding special condition at the time of award if time does not permit for a change request process. 8. Other Standard Forms Additional forms that may be required in connection with an award are available on OJP's funding page at ii,f PYt,/fund:ingijorn ,..III.o. For successful applicants, receipt of funds may be contingent upon submission of all necessary forms. Note in particular the following forms: a. Applicants must read, certify, and submit this form in GMS prior to the receipt of any award funds. Applicants must read, certify and submit in GMS prior to the receipt of any award funds. c. /-V.;c9unt„ Questa .1 (required for any applicant other than an individual that is a non-governmental entity and that has not received any award from OJP within the past 3 years; this form must be downloaded, completed, and submitted) Review Process OJP is committed to ensuring a fair and open process for awarding grants. BJA reviews the application to make sure that the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with the solicitation. Applications for formula awards will be reviewed to ensure statutory requirements have been met. Absent explicit statutory authorization or written delegation of authority to the contrary, all final grant award decisions will be made by the Assistant Attorney General (AAG). BJA-2012-3256 OlvlB No. 1121-0329 Approval Expires 02/28/2013 18 Additional Requirements Applicants selected for awards must agree to comply with additional legal requirements upon acceptance of an award. OJP strongly encourages applicants to review the information pertaining to these additional requirements prior to submitting your application. Additional information for each requirement can be found at www.oip.usdoi.gov/funding/other requirennents.htm. • Civil Rights Compliance • Faith-Based and Other Community Organizations • ronfirlentintity • Research and the Protection of Human Subjects • Anti-Lobbying Act • Financial and Government Audit Requirements • National Environmental Policy Act s (NEPA) • DOJ Information Technology Standards (if applicable) • Single Point of Contact Review • Nonsupplanting of State or Local Funds • Criminal Penalty for False Statements • Compliance with Office of Justice Programs Financial Guide • Suspension or Termination of Funding • Nonprofit Organizations • For-Profit Organizations • Government Performance and Results Act (GPRA) • Rights in Intellectual Property • Federal Funding Accountability and Transparency Act (FFATA) of 2006 • Awards in excess of $5,000,000 — federal taxes certification requirement • Active CCR Registration BJA-2012-3256 OMB No. 1121-0329 Approval Expires 02/28/2013 19 Provide Feedback to OJP on This Solicitation To assist OJP in improving its application and award processes, we encourage applicants to provide feedback on this solicitation, application submission process, and/or the application review/peer review process. Feedback can be provided to OJPSolicitationFeedbackausdoi.uov. BJA-2012-3256 OMB No. 1121-0329 Approval Expires 02/28/2013 20 Application Checklist FY 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Solicitation The application checklist has been created to assist in developing an application. Eligibility Requirement: The jurisdiction listed as the legal name on the application corresponds with the eligible jurisdiction listed on BJA's JAG web page The federal amount requested is within the allowable limit of the FY 2012 JAG Allocations List as listed on BJA's JAG web page • What an Applications Should Include: Standard 424 Form (see page 16) Program Narrative (see page 16) Budget and Budget Narrative (see page 16) Review Narrative (the date the JAG application was made available to the governing body for review and that it was provided to the public for comment) (see page 17) Abstract (see page 17) Tribal Authorizing Resolution (if applicable) (see page 17) Disclosure of Lobbying Activities (SF-LLL) (see page 15) Additional Attachments (if applicable) (see page 18); Other Standard Forms as applicable (see page 18), including: Accounting System and Financial Capability Questionnaire (if applicable) DUNS Number (see page 14) CCR Registration (see page 14) BJA-2012-3256 OMB No. 1121-0329 Approval Expires 02/28/2013 21 FISCAL NOTE (MISC. #12133) BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE — 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM - INTERGOVERNMENTAL AGREEMENT AND 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, has been allocated $121,994 and has prepared an application to the U.S. Department of Justice, Office of Justice Programs for funding under the 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. 2. The grant funding period is October 1, 2011 through September 30, 2015. 3. The grant application requires the adoption of an intergovernmental agreement between Oakland County and the local units of government applying for this grant. 4. The State statute (MCL) 45.556P) states that the Board of Commissioners has the authority to enter into agreements with other governmental or quasi-governmental entities. 5. An intergovernmental agreement between Oakland County and the City of Pontiac is included as part of the application packet. 6. The funding is based on Federal allocation and will be distributed as follows: Oakland County Sheriff's Office $25,856 and City of Pontiac (via Sheriff's Office) $96,138. 7. There is no grant match requirement. 8. Oakland County will serve as fiduciary and lead agency for the entire award. 9. The requested grant projects include software and equipment acquisition for the Sheriff's Office Computer Crimes Unit and overtime costs for high-risk area drug patrols in the City of Pontiac, 10. The original, signed intergovernmental agreement will be filed with the Michigan Department of State, Office of the Great Seal. FINANCE COMMITTEE 1.3p4nitun [icon' irrinif _Juliwu I LouLu I 1U111 EY APPROVE THE Resolution #12133 May 2, 2012 Moved by Runestad supported by Zack to suspend the rules and vote on Miscellaneous Resolution #12133 — Sheriff's Office - 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Intergovernmental Agreement and Grant Application. Vote on motion to suspend the rules: AYES: Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnia, Covey, Dwyer, Gershenson, Gingell. (24) NAYS: None. (0) A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution #12133 — Sheriff's Office - 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Intergovernmental Agreement and Grant Application carried. Moved by Runestad supported by Zack the resolution (with fiscal note attached) be adopted. AYES: Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnia, Covey, Dwyer, Gershenson, Gingell, Gosselin. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. 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. eu_iLa_e_,J 094, Bill Bullard Jr., Oakland County