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HomeMy WebLinkAboutResolutions - 2014.06.11 - 21370MISCELLANEOUS RESOLUTION #14138 June 11,2014 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: MULTI DEPARTMENT (SHERIFF'S OFFICE, CIRCUIT COURT AND CHILDREN'S VILLAGE) 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM GRANT APPLICATION AND INTERGOVERNMENTAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County, along with the City of Pontiac, has been allocated $158,331 and has prepared an application to the U.S. Department of Justice, Office of Justice Programs for funding under the 2014 Edward Byrne Memorial Justice Assistance (JAG) Program for the period of October 1, 2013 through September 30, 2017; 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 $56,463 and the City of Pontiac (via the Sheriff's Office) $101,868; 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 City of Pontiac; and WHEREAS an agreement has been drafted (as attached) by Oakland County Corporation Counsel; 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; WHEREAS Oakland County will serve as fiduciary and lead agency for the entire award; and WHEREAS FY 2014 JAG funding awarded will be used to purchase equipment for the Sheriff, Circuit Court and Children's Village and by the City of Pontiac for overtime hours in order to help fight violent crime and lower the homicide rate as outlined in Attachment #1 — Project Abstract — of the grant application. 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 the original intergovernmental agreement will be filed with the Michigan Department of State, Office of the Great Seal. Chairperson, on behalf of the Public Services Committee, I move adoption of the,fo(egoing resolution. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. From: To: Subject: Date: Attachments: West, Catherine Cunningham, Dale; "Seaman. Lori"; Lianna,Y1; Malone, Prentiss; Coonerrider, John; "Falardeau. Nancy"; "Overall, Joanna; Plsacreta. Antonio GRANT REVIEW SIGN OFF: Multi Department: Sheriff's Office, Circuit Court and Children's Village - 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Grant Application and Intergovernmental Agreement Wednesday, May 14, 2014 6:12:50 PM Grant Application Sian Off.odf FY14 JAG Application 5-14-14.pdf Please include the attached revised JAG application document for BOC. GRANT REVIEW SIGN OFF — Multi Department (Sheriff's Office, Circuit Court and Children's Village) GRANT NAME: 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FUNDING AGENCY: U.S. Department of Justice DEPARTMENT CONTACT PERSON: Katie West (248) 858 -2384 STATUS: Application and Intergovernmental Agreement DATE: May 14, 2014 Pursuant to Misc. Resolution #13180, 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 (5/9/2014) Department of Human Resources: HR Approved (No Committee). — Lori Taylor (5/9/2014) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (5/12/2014) Corporation Counsel: There appear to be no unresolved legal issues that require action at this time. — Karen P. Agacinskl (5/12/2014) COMPLIANCE The grant application references a number of specific federal and/or 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.goy/omb/circulars/Index.html Executive Order 12372 - Intergovernmental review of Federal programs http.//www.fws.gov/policy/library/rgeo12372.pdf US Doi Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) http://www.access.gpo.gov/nara/cfr/waiSldx_04/28cfry2_04.html Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18) http://www ,acce5s,gpoz_ov/nara/cfr/waisidx_01/28cfr18_01.html Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) http://www access.gpozoy/nara/cfr/waisidx_04/28cfr22 04.html Criminal Intelligence Systems Operating Policies (28 CFR Part 23) jittil//www.access.gpo.gov/nara/cfr/waisidx_01/28cfr23_01.htm Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) http://www.access.gpo.gov/nara/cfr/waisidx_01/28cfr30_01.html Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) http://www.access.gpozovina ra /cfr/waisl dx_01/28cfr35_01.htmi Equal Treatment for Faith Based Organizations (28 CFR Part 38) http://www uscloj,goy/ww/docs/asgmemoreimplementationof28cfmart38.pdf Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) http://www.access.gpo.gov/nara/cfr/waisidx_01/28cfr42_01.html Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61) http .//www accesszpo.gov/nara/cfr/waisidx_01/28cfr61 01.htmi Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) http.//www.accesszpo.goy/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.nps.gov/history/loca 1-lawinhpa1966.htm Executive Order 11593 — Protection and enhancement of the cultural environment http://www.gsa.gov/Porta 1/gsa/epkontentView.do?contentType=G5A_BASIC&contentld=12094 Archeological and Historic Preservation Act (16 U.S.C. 469) http://www.nps.gov/history/loca I-law/FH P LArch H istPres.pdf The National Environmental Policy Act of 1969 (42 U.S.C. 4321) http://www.nepa govinepa/regs/nepa/nepaegia .htm Omnibus Crime Control and Safe Streets Act of 1968 http .//www usdoj .gov/crt/s p Ilt/4 2 usc3789d.htm. Victims of Crime Act (42 USC Section 10604) ,http://www.usdoj.gov/crt/cor/byagency/doji0604.htm Juvenile Justice and Delinquency Prevention Act http://olidp.ncjrs.org/a boutad pa2002titlev.pdf Federal Civil Rights Act of 1964 http://www.usdoj.gov/crticotlindex.htrn The Rehabilitation Act of 1973 http://www.dol.govicorn pllance/laws/comp-reha b.htm The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12131 -34) http://frwebgate4.access.gpo.gov/cgi-bin/waisgate,cgL? WAISclocl D-42030427315+0+n-FORMAISaction=retrieve The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685 -86) http://www.usdot govicrt/cor/coord/titleixstat.htm Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 -6107) http://www. do I.gov/oasa rn/regs/statutes/age_a ct. htm Executive Order 13279 - Equal Protection of the Laws for Faith-based and Community Organizations http://www.whitehouse ,govinewsheleases/2002/12Z20021212-6.htm1 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=ecfr&sid=764d9d5cb801106e9aeaaa07f70d36f7&rgn-div5&view=text&node-18:2.0.4.3.7&idno=18 Federal Hatch Act - Political Activity of Certain State and Local Employees http://www osc goy/hatchact,htm Restrictions on Lobbying (28 CFR part 69) httithwww.access.gpo.gov/nara/cfr/waisidx_04/28cfr69_04.html Nonprocurement Debarment and Suspension (2 CFR, Part 2867) httpi www. pagov/nara/cfr/waisidx_08/2cfr2867_08.html Executive Order 12549 — Debarment and Suspension http://www.archiyes.gov/federal -register/codification/executive -order/12549 html Drug-Free Workplace Act of 1988 http://frwebgate.access ,gpo gov/cgi-bin/getdoc.cgrPcibnarne-browse_usc&docid=Cite:+41LJSC701 Katie West Oakland County Fiscal Services Phone (248) 858-2384 Fax (248) 858-9724 westcaPoakgov.com Work Schedule: Monday —Thursday 7:30AM —6:00PM Page I of 2 APPLICATION FOR FEDERAL ASSISTANCE 1 DATE SUBMITTED Applicant Identifier 1. TYPE OF SUBMISSION Application Non-Construction 3. DATE RECEIVED BY STATE State Application Identifier 4, DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5.APPLICANT INFORMATION Legal Name Oakland County Organizational Unit County Government Address 1200 N Telegraph Road Courthouse Building #12 East Pontiac, Michigan 48341-0403 Name and telephone number of the person to be contacted on matters involving this application West, Katie (248) 858-2384 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 38-6004876 7. TYPE OF APPLICANT County 8. TYPE OF APPLICATION New 9. NAME OF FEDERAL AGENCY Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 16.738 CFDA EDWARD BYRNE MEMORIAL JUSTICE TITLE: ASSISTANCE GRANT PROGRAM 1 1 . DESCRIPTIVE TITLE OF APPLICANT'S PROJECT County of Oakland - Sheriffs Office - Equipment acquisition: camera monitoring system for prisoner transport vans, gun boxes, and tasers. Oakland - Children's Village - Equipment acquisition: doorbells/security for cottages. Oakland - Circuit Court - Equipment acquisition: presentation equipment, microphone system, and hand held dictation devices. City of Pontiac - (via Oakland County Sheriffs Office) - Law enforcement services providing overtime hours in order to deter and investigate violent criminal activity in the City of Pontiac. 12. AREAS AFFECTED BY PROJECT The geographic jurisdictions of the City of Pontiac and County of Oakland, MI. 13. PROPOSED PROJECT Start Date: October 01, 2013 14. CONGRESSIONAL DISTRICTS OF https://grants.ojp.usdoj.gov/gmsexterrial/applicationReview.do?print=yes 6/3/2014 Page 2 of 2 End Date: September 30, 2017 a. Applicant b. Project MI08 MI09 MI11 MI14 15. ESTIMATED FUNDING Federal $158,331 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? Applicant $0 State $0 This preapplication/application was made available to the state executive Local $0 order 12372 process for review on Other $0 05/15/2014 Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL $158,331 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. Close Window https://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do?print —yes 6/3/2014 Overview Applicant .Informatiort Budget and. 'Prbgtarn: . Attachments BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Application Handbook Assurances and Certifications To the best of my knowledge and belief, all data in this application/preapplication is true and correct, the document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. Your typed name, in lieu of your signature represents your legal binding acceptance of the terms of this application and your statement of the veracity of the representations made in this application. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the following: 1. Assurances 2 Certificatipias Regarding Lobbying; Debarment. Suspension and Other Responsibility Matters; and Drug-Free Workplace requirements, Assurances and Certifications If you are an applicant for any Violence Against Women grants, this includes the Certification of Compliance with the Statutory Eligibility Requirements of the Violence Against Women Act. Help/Frequently Asked Questions GMS Home Log Off https://grants.ojp.usdoj.govignisextemal/applicationAssurance.do[5/8/2014 5:09:32 PM] BJA FY 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local 0 I have examined the information provided here regarding the signing authority and certify it is accurate. I am the signing authority, or have been delegated or designated formally as the signing authority by the appropriate authority of official, to provide the information requested throughout this application system on behalf of this jurisdiction. Information regarding the signing authority, or the delegation of such authority, has been placed in a file and is available on-site for immediate review. • •Save and Continue • https://grants.ojp.usdoj.gov/gmsexternal/applicationAssurance.do[5/8/2014 5:09:32 PM] Assurances Page 1 of 1 NOTE: You must click on the "Accept" button at the bottom of the page before closing this window OMB APPROVAL NUMBER 1121-0140 EXPIRES 03/31/2016 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, 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 Government Accountability 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 (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice 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 b. it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. \.ccept file://C:\$DatalGrants\JAG120141ApplicationlAssurances.htm 5/7/2014 Certifications NOTE: You must click on the "Accept" button at the bottom of the page before closing this window U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE CHIEF FINANCIAL OFFICER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Acceptance of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "DOJ Implementation of OMB Guidance on Nonprocurement Debarment and Suspension,' and 28 CFR Part 83, "Government-wide Debarment and Suspension," and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $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) Pursuant to Executive Order 12549, Debarment and Suspension, implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a), and other requirements: 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) Have not within a two-year period preceding this application been convicted of a felony criminal violation under any Federal law, unless such felony criminal conviction has been disclosed in writing to the Office of Justice Programs (OJP) at Ojpcompliancereporting©usdoj.gov , and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. (d) 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 (b) of this certification; and (e) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) https://grants.ojp.usdoj.gov/gmsocternal/displayAssurancesTextAction.st?method=certify&status=N&id=2[5/8/2014 5:20:22 PM] Certifications terminated for cause or default. B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. FEDERAL TAXES A. If the applicant is a corporation, the applicant certifies that either (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to OJP at Ojpcompliancereporting@usdoj.gov , and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. 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. 4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 83, Subpart F, for grantees, as defined at 28 CFR Sections 83.620 and 83.650: A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 7th Street, 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). https://grants.ojp.usdoj.gov/gmsextemalldisplayAssurancesTextAction.st?method=certify&status=N&id=2[5/8/2014 5:20:22 PM] Certifications As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Aczept https://grants.ojp.usdoj.gov/gmsexternal/displayAssurancesTextAction.st?method-----certily&status=N&id=2[5/8/2014 5:20:22 PM] FY 2014 BJA Justice Assistance Grant — Attachment #1 Project Abstract NAME: Oakland County and the City of Pontiac, Application # 2014-H1742-M1-DJ TITLE OF PROJECT: 2014 JAG for Sheriff Corrective Services Court Detention, and Tactical equipment; Circuit Court equipment; Children's Village security equipment; and the City of Pontiac law enforcement contract GOALS OF PROJECT: Reduce area crime and violence; meet unfunded needs. DESCRIPTION OF STRATEGIES: Oakland County will utilize FY 2014 JAG funds for the following: (1) Sheriff's Department purchase of security camera monitoring system for prisoner transport vans to ensure protection for both staff and passengers, (2) gun lockers outside of the Corrective Services Court Detention area to increase the security and operations for Court Detention, and (3) Tasers, Taser cameras with newer features that will reduce the potential of litigation. Collectively, these strategies meet unfunded needs and will serve to reduce area crime and violence. (4) Circuit Court's purchase of improved evidence presentation equipment and cart to meet the unfunded needs of the court, (5) enhanced sound system in order to better capture the record, and (6) hand held dictation devices for caseworkers and referees to dictate their reports to our word Processing Center. (7) Children's Village purchase and installation of security doorbells at each of the cottages would help ensure a safe environment for staff and guests, as well as, improve efficiency and customer service by acknowledging guests in a timely manner upon arrival. The City of Pontiac will utilize FY 2014 JAG funds for overtime hours in order to help fight violent crime and lower the homicide rate (deploy detectives, conduct special investigations, and use a directed patrol). Top Five Project Identifiers Crime Prevention Overtime Equipment — Tactical Equipment Video/Audio Recording Equipment — General OAKLAND COUNTY FY 2014 JAG - Application 2014-H1742-MI-DJ Program Narrative — Attachment 2 Project: County of Oakland — Sheriff's Office Corrective Services Court Detention — Security Camera Monitoring System for Prisoner Transport Vans Transporting detainees and offenders is a sensitive operation performed by Sheriffs Corrective Services Court Detention. Safety and security is extremely important to ensure protection for both staff and passengers. This request is for (10) security camera monitoring systems for the prisoner transport vans. Each system will consist of four (4) cameras viewing all angles of the vehicle. Systems will be equipped with and without night vision along with GPS capabilities and SD memory. Our goal is to purchase and have installed (10) camera monitory systems in the inmate transport vans. The request will increase the security for both staff and passengers. Project: County of Oakland — Sheriff's Office Corrective Services Court Detention — Gun Boxes Sheriffs Office Policy requires deputies to remove weapons before entering the secured area of Corrective Services Court Detention. This requires weapons to be placed in gun lock boxes. The boxes currently in this location are original to the construction which was sized for the smaller guns issued in years past. The existing gun lockers are out dated for the current size of department issued weapons and have numerous defects — broken locks/keys and many with unsecure doors. Our goal is to remove and dispose the existing lockers and replace with secure larger gun lock boxes. The request will increase the security and operations for Court Detention. Project: County of Oakland - Sheriff's Office Tactical The Sheriffs Office inventory of X-26 TASER and X-26 TASER Cameras has been dramatically reduced due to the 5 year shelf life as determined by Taser International. The Sheriffs Office has been replacing the X-26 TASER with the X-2 TASER for the following reason: • The X2 firing data provides a graph chart noting whether the circuit was connected (whether the person received any electrical current) and exactly how much and for how long, reducing potential litigation claims of excessive exposures (see attached chart). The X-26 does not provide this data. • The X2 smart cartridges are digitally fired and are not subject to an unintended static electricity discharged, reducing the potential for litigation as a result of an unintended deployment. • The X2 has two laser dots (one for the top probe and one for the bottom probe) reducing aiming problems/one probe hits, thus reducing the necessity to fire additional cartridges. • The X2 Camera is in RD color and is much clearer audio and visual, giving a better record of the incident. Project: County of Oakland — Circuit Court - Presentation Equipment The Circuit Court would like to equip one of their courtrooms with improved evidence presentation equipment with the purchase of an ELMO. Currently, they only have one working ELMO, which is approximately five years old. The availability of an ELMO creates a more level playing field for all litigants. Project: County of Oakland — Circuit Court - Microphone System The Circuit Court would like to equip one of their courtrooms with an enhanced sound system in order to better capture the record. The use of a microphone system reduces inaudible in transcripts and helps to accurately capture the record. Project: County of Oakland — Circuit Court — Hand Held Dictation Devices The Circuit Court would like to purchase band held dictation devices for their caseworkers and referees to dictate reports to their word Processing Center. This technology is already being used, but the current devices have become obsolete with the Windows 7 upgrade. The hand held devices are used by juvenile case workers and referees, and have proven to be extremely beneficial. Project: County of Oakland — Children's Villne Doorbells Oakland County Children's Village provides a safe, structured environment for youth that includes secure detention, residential treatment, and shelter care services. In order to facilitate effective treatment, Children's Village encourages family involvement and visitation. Also, important are the collaborative relationships maintained with Oakland County Circuit Court and other community organizations. Both of these initiatives require family members, court officials, and other visitors to participate in a number of on campus activities including, but not limited to, treatment meetings, case conferences, residential screenings, visitation, parent-teacher conferences, and Love and Logic parenting classes. Staff-secure treatment cottages within Children's Village have crash bars on the inside to allow for exit. Doors, however, are locked from the outside to disallow unauthorized visitors from entering the building. Doorbells will create a signaling system to alert staff when visitors have arrived. The installation of doorbells at each of the cottages would enable Oakland County Children's Village to improve efficiency and customer service by acknowledging guests in a timely manner upon arrival. The objective of this project is to improve customer service and efficiency while enhancing campus security. Project: County of Oakland - Sheriff's Office Pontiac Law Enforcement Contract The Oakland County Sheriffs Office through a contract with the City of Pontiac, Emergency Manager, started providing Police Duties on August 1, 2011. This contract and subsequent contract runs through 1213112015 and we anticipate this being renewed for at least 5 years. The City of Pontiac government is currently monitored by a State of Michigan appointed City Administrator, and since August of 2011, the City of Pontiac has seen a reduction in the violent crime rate, which is contributed to the funding of this grant. Our request will provide overtime funding to proactively deter and aggressively investigate violent criminal activity in the City of Pontiac, which will in return continue to lower violent crime. The Sub-station commander will deploy detectives, conduct special investigations, and use directed patrol units to proactively deter violent criminal behavior and aggressively investigate violent criminal activity within the City of Pontiac. Deployment of personnel and target areas will be based upon intelligence lead and data driven deployment decisions to impact violent crime areas within the City. The goal and objective of this project is to lower the violent criminal activity, to improve the quality of life in the community, and to remove the criminal elements in the City of Pontiac. OAKLAND COUNTY FY 2014 JAG - Application 2014-H1742-MI-DJ Budget and Budget Narrative — Attachment 3 Project: County of Oakland — Sheriff's Office Corrective Services Court Detention - Security Camera Monitoring System for Prisoner Transport Vans Transporting detainees and offenders is a sensitive operation performed by Sheriff's Corrective Services Court Detention. Safety and security is extremely important to ensure protection for both staff and passengers. This request is for (10) security camera monitoring systems for the prisoner transport vans. Each system will consist of four (4) cameras viewing all angles of the vehicle. Systems will be equipped with and without night vision along with GPS capabilities and SD memory. Our goal is to purchase and have installed (10) camera monitory systems in the inmate transport vans. The request will increase the security for both staff and passengers. Description of Item Unit Cost Quantity Total Dual SD Card MDVR $ 564.00 Kingston 64G SD Card Class 10 80.00 Rectangular 18 LED Night Vision 200.00 Rectangular LED W/O Night Vision 250.00 Project Cable 12.00 Installation 350.00 SHERIFF COURT DETENTION PROJECT TOTAL 9 22 18 9 27 9 $ 5,076.00 1,760.00 3,600.00 2,250.00 324.00 3,150.00 $ 16,610.00 Project: County of Oakland — Sheriff's Office Corrective Services Court Detention — Gun Boxes Sheriff's Office Policy requires deputies to remove weapons before entering the secured area of Corrective Services Court Detention. This requires weapons to be placed in gun lock boxes. The boxes currently in this location are original to the construction which was sized for the smaller guns issued in years past. The existing gun lockers are out dated for the current size of department issued weapons and have numerous defects — broken locks/keys and many with unsecure doors. Our goal is to remove and dispose the existing lockers and replace with secure larger gun lock boxes. The request will increase the security and operations for Court Detention. Description of Item Unit Cost Quantity $ 174.50 74 Total Gun Lockers Labor Removal & Installation $ 12,913.00 1,275.00 SHERIFF COURT DETENTION PROJECT TOTAL $ 14,188.00 Project: County of Oakland - Sheriff's Office Tactical - Tasers The Sheriff's Office inventory of X-26 TASER and X-26 TASER Cameras has been dramatically reduced due to the 5 year shelf life as determined by Taser International. The Sheriff's Office has been replacing the X-26 TASER with the X-2 TASER for the following reason: • The X2 firing data provides a graph chart noting whether the circuit was connected (whether the person received any electrical current) and exactly how much and for how long, reducing potential litigation claims of excessive exposures (see attached chart). The X-26 does not provide this data. • The X2 smart cartridges are digitally fired and are not subject to an unintended static electricity discharged, reducing the potential for litigation as a result of an unintended deployment. • The X2 has two laser dots (one for the top probe and one for the bottom probe) reducing aiming problems/one probe hits, thus reducing the necessity to fire additional cartridges. • The X2 Camera is in HD color and is much clearer audio and visual, giving a better record of the incident. Description of Item X2, Black, Electronic Control Device X2 Taser Cam, HD X2, Blackhawk, RH, Holster X2, 25' Live Smart Cartridge Unit Cost Quantity $ 1,009.00 1 520.00 2 64.00 4 30.00 2 Total $ 1,009.00 1,040.00 256.00 60.00 SHERIFF TACTICAL PROJECT TOTAL $ 2,365.00 Project: County of Oakland — Circuit Court Presentation Equipment The Circuit Court would like to equip one of their courtrooms with improved evidence presentation equipment with the purchase of an ELMO. Currently, they only have one working ELMO, which is approximately five years old. The availability of an ELMO creates a more level playing field for all litigants. Description of Item Unit Cost Quantity Evidence Presentation Equipment/Cart $ 2,500.00 1 Total $2,500.00 CIRCUIT COURT PROJECT TOTAL $ 2,500.00 Project: County of Oakland — Circuit Court — Microphone System The Circuit Court would like to equip one of their courtrooms with an enhanced sound system in order to better capture the record. The use of a microphone system reduces inaudible in transcripts and helps to accurately capture the record. Description of Item New Microphone system Unit Cost Quantity $ 8,000.00 1 Total $ 8,000.00 CIRCUIT COURT PROJECT TOTAL $ 8,000.00 Project: County of Oakland — Circuit Court —Hand Held Dictation Devices The Circuit Court would like to purchase hand held dictation devices for their caseworkers and referees to dictate reports to their word Processing Center. This technology is already being used, but the current devices have become obsolete with the Windows 7 upgrade. The hand held devices are used by juvenile case workers and referees, and have proven to be extremely beneficial. Description of Item Hand Held Dictation Device Unit Cost Quantity $ 70.00 40 Total $2,800.00 CIRCUIT COURT PROJECT TOTAL $ 2,800.00 Project: County of Oakland — Children's Village Doorbells Oakland County Children's Village provides a safe, structured environment for youth that includes secure detention, residential treatment, and shelter care services. In order to facilitate effective treatment, Children's Village encourages family involvement and visitation. Also, important are the collaborative relationships maintained with Oakland County Circuit Court and other community organizations. Both of these initiatives require family members, court officials, and other visitors to participate in a number of on campus activities including, but not limited to, treatment meetings, case conferences, residential screenings, visitation, parent-teacher conferences, and Love and Logic parenting classes. Staff-secure treatment cottages within Children's Village have crash bars on the inside to allow for exit. Doors, however, are locked from the outside to disallow unauthorized visitors from entering the building. Doorbells will create a signaling system to alert staff when visitors have arrived. The installation of doorbells at each of the cottages would enable Oakland County Children's Village to improve efficiency and customer service by acknowledging guests in a timely manner upon arrival. The objective of this project is to improve customer service and efficiency while enhancing campus security. Description of Item Parts & Materials Unit Cost Quantity $ 2,500,00 4 Total $ 10,00000 CHILDREN'S VILLAGE PROJECT TOTAL $ 10,000.00 COUNTY OF OAKLAND TOTAL BUDGET $56,463.00 Project: City of Pontiac via County of Oakland - Sheriff's Office Pontiac Law Enforcement Contract The Oakland County Sheriffs Office through a contract with the City of Pontiac, Emergency Manager, started providing Police Duties on August 1, 2011. This contract and subsequent contract runs through 12/31/2015 and we anticipate this being renewed for at least 5 years. The City of Pontiac government is currently monitored by a State of Michigan appointed City Administrator, and since August of 2011, the City of Pontiac has seen a reduction in the violent crime rate, which is contributed to the funding of this grant. Our request will provide overtime funding to proactively deter and aggressively investigate violent criminal activity in the City of Pontiac, which will in return continue to lower violent crime. The Sub-station commander will deploy detectives, conduct special investigations, and use directed patrol units to proactively deter violent criminal behavior and aggressively investigate violent criminal activity within the City of Pontiac. Deployment of personnel and target areas will be based upon intelligence lead and data driven deployment decisions to impact violent crime areas within the City. The goal and objective of this project is to lower the violent criminal activity, to improve the quality of life in the community, and to remove the criminal elements in the City of Pontiac. Description of Item Unit Cost Quantity Total Overtime (Sergeant) Overtime (Deputy II) $ 77.99 65.55 240.0 hours 1,268.5 hours $ 18,718.00 83 150.00 $ 101,868.00 CITY OF PONTIAC/SHERIFF PROJECT JAG BUDGET GRAND TOTAL $ 158,331.00 OAKLAND COUNTY FY 2014 JAG - Application 2014-H1742-MI-DJ Review Narrative — Attachment 4 Governing Body Review and Public Opportunity to Comment April 24, 2014 —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 30, 2014 to discuss internal allocations. May 6, 2014 — Communication between Oakland County Sheriff's Office, City of Pontiac Substation Captain and the City of Pontiac Administrator regarding project requests for City of Pontiac allocation. The MOU was given to City of Pontiac Administrator for approval. May 8, 2014 — The application was sent to the Oakland County internal executive review committee. Comments/approvals were returned by May 15, 2014. May 15, 2014 — The application will be forwarded to the State Administrative Agency for regional planning agency review under Executive Order 12372. June 3, 2014— The application and MOU will be included on the Oakland County Board of Commissioners Public Services Committee agenda. Public Services Committee, as part of their regularly scheduled meeting, will announce a public hearing date of June 11' 2014 at 9:47 am for the FY 2014 U.S. Depar tment of Justice — Edward Byrne Memorial Justice Grant Application. June 5, 2014 — The application and MOU will be included on the Oakland County Board of Commissioners Finance Committee agenda. June 10, 2014— Grant application will be submitted to the DOJ. June 11, 2014 — The application and MOU will be included on the Oakland County Board of Commissioners agenda. Public hearing will be held at 9:47 am as part of the Board of Commissioners meeting. MOU signed by Board Chairperson and submitted to DOJ. (Language included in the Miscellaneous Resolution that Grant Procedures were abridged due to time constraints) Attachment #5 Applicant Disclosure of Pending Applications The County of Oakland and the City of Pontiac do not have pending applications submitted within the last 12 months for federally funded assistance that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. Application Number: 2014-H1742-MI-DJ Intergovernmental Agreement Between The County of Oakland and The City of Pontiac For Application 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, the County of Oakland and the City of Pontiac, are Governmental Entities. 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 2014. 2. Additional Background and Naming Conventions 2.1. Pursuant to an intergovernmental agreement, Oakland County (County), through its Sheriff's Department, provides 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. 2.2. 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 Sheriff's Department, assumes responsibility for accepting and using JAG grant funds on behalf of the City of Pontiac. 2.3. 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 Intergovernmental Agreement JAG Grant Application 4.29.14 1 Application Number: 2014-H1742-MI-DJ Governmental Entity's proper name shall mean that Governmental Entity specifically. Use of the term "Pontiac Delegee" shall mean the County of Oakland, acting on behalf of the City of Pontiac, for purposes of the present Intergovernmental Agreement. 3. Definitions 3.1. Agreement means the terms and conditions of this Agreement, any Appendices to this Agreement, and any other mutually agreed upon written modification, amendment, or addendum signed by the Parties to this Agreement. 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 2014-H1742-M1-DJ submitted to the Edward Byrne Justice Assistance Grant (JAG) Program by the County of Oakland on behalf of itself and the Governmental Entities identified in Appendix A. 3.4. Disparate Certification A disparate allocation occurs when a city or municipality is scheduled to receive one and one-half times (150 percent) more than a county with concurrent jurisdiction, while that county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1 violent crime. Multiple disparate allocations occur when multiple cities or municipalities are collectively eligible to receive four times (400 percent) more than the county. JAG disparate jurisdictions are certified by the Director of the Bureau of Justice Assistance (BJA), based in part on input from the state's Attorney General. As used in this Agreement, "certified as disparate" means that the Parties to this Agreement fit the criteria described in this section. 3.5. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted against the Fiscal Agent or Governmental Entity, as defined herein, whether such claim is brought in law, equity, tort, contract, or otherwise. 3.6. Fiscal Agent means the County of Oakland, a constitutional Corporation more Intergovernmental Agreement JAG Grant Application 4.29.14 2 Application Number: 2014-H1742-MI-DJ fully described below. 3.7. County of Oakland (County) includes 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("Agents"). 3.8. City of Pontiac (Pontiac) includes any and all depa twents, 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 ("Agents"), and includes an emergency manager, if any. 3.9. 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. 4. Appendices 4.1 Appendix A: 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 4.29.14 Application Number: 2014-Hi 742-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 October 1, 2013 — September 30, 2017, the total Grant allocation is one hundred fifty eight thousand, three hundred thirty one dollars ($158,331.00). 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 2017. 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 BJA 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 4.29.14 4 Application Number: 2014-H1742-MI-DJ 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 BIA 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 2013 OW Financial Guide: Audit Requirements. e. Pontiac shall acquire registration with the System for Award Management (SAM). SAM is the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. The Office of Justice Program (OJP) requires that all applicants (other than individuals) for federal financial assistance maintain current registrations in the SAM database. Applicants must update or renew their SAM registration annually to maintain an active status. Information about SAM registration procedures can be accessed at www.sam.gov . 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. Intergovernmental Agreement JAG Grant Application 4.29.14 5 Application Number: 2014-H1742-M1-DJ 5.9.3 The County (either on its own behalf or in its capacity as Pontiac Delegee) 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. 5.10. Hiring Employees. The County (either on its own behalf or in its capacity as Pontiac Delegee) shall complete such reporting requirements regarding hiring as may be set forth in the grant agreement that will be executed by the County and is the subject of this intergovernmental agreement. The County (either on its own behalf or in its capacity as Pontiac Delegee) 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, 2017. 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 non-compliance onto other Parties to this Agreement. 5.15. Non-Supplanting. The County (either on its own behalf or in its capacity as Intergovernmental Agreement JAG Grant Application 4.29.14 6 Application Number: 2014-H1742-MI-DJ Pontiac Delegee) and Pontiac, by entering into this Agreement, warrant and represent that the funds for which the County will apply on their behalf 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 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 shall be construed as creating an obligation to indemnify or defend any other Party or Parties for any Claim, damage or liability arising out of or stemming from any act or action of 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, rescissions, 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 Intergovernmental Agreement JAG Grant Application 4.29.14 7 Application Number: 2014-H1742-MI-DJ Agreement. No waiver of any tem', 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 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 Delegee) and Pontiac shall be responsible for obtaining and maintaining, throughout the tel 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; Severability; 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, conditions and requirements of the Grant and this Agreement and accept that the obligations set forth in those terms, conditions and requirements apply fully and completely to them regardless of the amount of each individual Grant or percentage of the full dollar amount granted by BJA. The County (either on its own behalf or in its capacity as Pontiac Delegee) and Pontiac each acknowledges Intergovernmental Agreement JAG Grant Application 4.29.14 8 Application Number: 2014-H1742-MI-DJ 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 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 2014 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 2014-H1742-M1-DJ, for fiscal year 2014. 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 4.29.14 9 Application Number: 2014-H1742-MI-DJ In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, pursuant to the requirements of the Edward Byrne Justice Assistance Grant (JAG) Program that, in order to make application for Grant funds that may be available, the Parties enter into this Agreement. For the City of Pontiac (print name) Date For the County of Oakland: (print name) Date Intergovernmental Agreement JAG Grant Application 4.29.14 10 Application Number: 2014-H1742-MI-DJ Appendix A List of Governmental Entities Certified as Disparate by the Bureau of Justice Assistance for Purposes of Applying for Edward Byrne Justice Assistance Grant Funds State Jurisdiction Name MI OAKLAND COUNTY MI PONTIAC CITY Intergovernmental Agreement JAG Grant Application 4.29.14 11 Application Number: 2014-H1742-MI-DJ Appendix B Grant Fund Allocations Jurisdiction Name OAKLAND COUNTY PONTIAC CITY TOTAL Allocation $56,463 $101,868 $158,331 Intergovernmental Agreement JAG Grant Application 4.29.14 12 FISCAL NOTE (MISC. #14138) June 11, 2014 BY: Finance Committee, Tom Middleton, Chairperson IN RE: MULTI DEPARTMENT (SHERIFF'S OFFICE, CIRCUIT COURT AND CHILDREN'S VILLAGE) 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM GRANT APPLICATION AND INTERGOVERNMENTAL AGREEMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County, along with the City of Pontiac, has been allocated $158,331 and has prepared an application to the U.S. Department of Justice, Office of Justice Programs for funding under the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. 2. The grant funding period is October 1, 2013 through September 30, 2017. 3. The grant application requires the adoption of an intergovernmental agreement between Oakland County and the City of Pontiac. 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 Sheriffs Office $33,163, Oakland County Circuit Court $13,300, Oakland County Children's Village $10,000 and City of Pontiac (via Sheriff's Office) $101,868. 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 equipment acquisition for the Sheriff's Office Corrective Services Court Detention Unit and Tactical Unit, equipment acquisition for the Circuit Court, doorbells/signaling system for Children's Village, and overtime costs to deploy detectives, conduct special investigations and use directed patrol units to proactively deter violent criminal behavior and aggressively investigate criminal activity within 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 VOTE: Motion carried unanimously on a roll call vote with Matis absent. Resolution #14138 June 11, 2014 Moved by Weipert supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Crawford. (18) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THIS RESOLUTION! CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCI_ 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 June 11, 2014, 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 11 1" day of June 2014. Lisa Brown, Oakland County