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HomeMy WebLinkAboutResolutions - 2015.10.22 - 22056MISCELLANEOUS RESOLUTION 1115268 October 22, 2015 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFFS OFFICE — 2015 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Department of Justice, Bureau of Justice Assistance awarded Oakland County Grant Year 2015 expenditure reimbursement funding in the amount of $27,218 for its State Criminal Alien Assistance Program (SCAAP); and WHEREAS the reimbursement period covers July 1, 2013 through June 30, 2014; and WHEREAS the funding is reimbursement of Corrections Officers salaries (based on a prescribed formula) for those officers directly involved in the care and maintenance of alien inmates housed in the Oakland County Jail; and WHEREAS Oakland County has met the federal requirements necessary to accept the award; and WHEREAS no County match is required; and WHEREAS the grant agreement has completed the County Executive Contract Review Process in accordance with the Board of Commissioners Grant Acceptance Procedures; and WHEREAS acceptance of this grant does not obligate the County to any future commitment and continuation of this program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the 2015 State Criminal Alien Assistance Program (SCAAP) reimbursement award in the amount of $27,218 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with Dwyer absent. GRANT REVIEW SIGN OFF — Sheriffs Office GRANT NAME: 2015 State Criminal Alien Assistance Program (SCAAP) FUNDING AGENCY: U.S. Depattinent of Justice DEPARTMENT CONTACT PERSON: Tammy Feole 248 858-1584 STATUS: Grant Acceptance DATE: September 30, 2015 Pursuant to Misc. Resolution 413180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (9/28/2015) Department of Human Resources: FIR Approved (No Committee) — Lori Taylor (9/28/2015) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (9/29/2015) Corporation Counsel: Approved by Corporation Counsel. — Stephen Rideout (9/30/2015) From: To Cc: Subject: Date: Van_Pelt. Laurie M West. Catherine A; Seconbne, Julie L; Taylor, Lori; Davis. Patricia G Cunningham. Dale A; Seaman, Loretta M; Feole. Tammy $; fdaignej.r,,Irentaa RE: GRANT REVIEW: Sheriff's Office - 2015 State Criminal Alien Asslstance Program (SCAAP) - Grant Acceptance Monday, September 28, 2015 1:21:47 PM Approved. From: West, Catherine A Sent: Monday, September 28, 2015 1:10 PM To: Secontine, Julie L; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G Cc: Cunningham, Dale A; Seaman, Loretta M; Feole, Tammy S; Malone Jr., Prentiss Subject: GRANT REVIEW: Sheriffs Office - 2015 State Criminal Alien Assistance Program (SCAAP) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Sheriffs Office 2015 State Criminal Alien Assistance Program (SCAAP) U.S. Department of Justice Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: October 5, 2015 GRANT INFORMATION Date: September 28, 2015 Operating Department: Sheriffs Office Depai Intent Contact: Tammy Feole Contact Phone: (248) 858-1584 Document Identification Number: 2015-AP-BX-0483 REVIEW STATUS: Acceptance — Resolution Required Funding Period: July 1, 2013 through June 30, 2014 (reporting period) Original source of funds: CFDA 16.606 Will you issue a sub award or contract: No New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None Funding Continuation/New: Continuation Application Total Project Amount: $27,218 Prior Year Total Funding: $32,767 New Grant Funded Positions Request: None Changes to Current Positions: None Seaman, Loretta M From: owner-bvp-list@ojp.usdoj.gov on behalf of SCAAP <SCAAP©usdoj,gov> Sent: Thursday, September 24, 2015 9:05 PM Subject: State Criminal Alien Assistance Program (SCAAP) FY 2015 Award Announcement Dear SCAAP Recipient. The Bureau of Justice Assistance (BJA) is pleased to announce that your Fiscal Year (FY) 2015 State Criminal Alien Assistance Program (SCAAP) award is complete and ready for drawdown. Please follow the instructions below to accept your FY 2015 SCAAP award: -Access the Office of Justice Programs (OJP) Grants Management System (GMS) web site at https://grants.olp.usdoi.gov/ and log on using your SCAAP user ID and password. -Locate the Application status block that contains your FY 2015 SCAAP application. You will see the "View" and "Drawdown" links under the "Action" header located on the right side of this block. -Click on "Drawdown." This will take you to an acceptance screen that displays your award number, jurisdiction name, and award amount at the top. Please print this screen for your records. Select at least one use of SCAAP funds on the provided list. Multiple selections are possible by holding down the Control key and clicking on the mouse. -Review and click the certification checkbox before accepting the award. Only an employee (authorized representative or authorized point of contact) of the jurisdiction may accept the SCAAP funds. -Use of SCAAP Awards: The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) included the following requirement regarding the use of SCAAP funds: "Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes." Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only 5SCAAP -Located at the bottom of the screen are the "Accept" and "Decline" buttons. After you accept your award, you will be taken to a screen that confirms your acceptance. Applicants are required to accept awards online within 60 calendar days of this award notice. This email serves as notice for you to accept your FY 2015 SCAAP award online. Please retain this email for your records. -Following your acceptance of the SCAAP terms, conditions, and award amount, OJP will initiate an electronic payment to your bank account of record, verified through the online SCAAP registration process. Please retain the acceptance documents for your records. -Allow 15 business days (from the date of acceptance) for the electronic payment process to occur. For password resets, technical or system-related questions, please call the GMS Helpdesk at 1-888-549-9901, Option 3. For questions concerning your SCAAP award amount or other award questions, please emailio-I• or call 202-353-4411. For questions related to the electronic transfer of funds or bank account of record, please contact the OJP Office of the Chief Financial Officer Customer Service Center at 1-800-458-0786 or AskOCF0(ausdoj.gov . Thank you SCAAP Program Team Bureau of Justice Assistance 1 State Criminal Alien Assistance Program 2015-1-10273-MI-AP ktio State Criminal Alien Assistance Program Page 1 of I OMR Number: 1121-0243 Expires 02/29/2004 SCAAP Help GMS Home Grant Number: Jurisdiction: Vendor Number: Award Amount: 2015-AP-BX-0483 County of Oakland 386004886 $27,218 Fiscal Year 2015 Payment Acceptance and Electronic Transfer of Funds Lgg Off The Bureau of Justice Assistance (BJA) has completed its review of your facility, inmate, and correctional officer data related to the State Criminal Alien Assistance Program (SCAAP). The Bureau of Immigration and Customs Enforcement has vetted the inmate records, and an award amount has been calculated. In accepting this award, you understand that BJA reserves the right to take appropriate administrative action, including intensive monitoring, repayment action, or adjustment to future payments, to resolve data discrepancies, errors, or audit findings related to any information reported in your application. Applicants are now required to accept awards online within 45 calendar days of award notice, in accordance with the Office of Justice Programs (0JP) Financial Guide, Part II, Chapter 2, Acceptance Procedures requiring acceptance/drawdown of awards with 45 days of notice of award, and Part IV, Chapter 2, section 16.606, State Criminal Alien Assistance Program (SCAAP) requiring an ''expeditious draw-down of payments." Jurisdictions accepting SCAAP awards are not required to submit financial or progress reports to OJP. For FY 2009 SCAAP awards, the Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) requires that all SCAAP funds be used for correctional purposes only. Please see the use of funds list and certification below. With your acceptance (by clicking on the Accept button below) of SCAAP's terms, conditions, and award amount, OJP will initiate an electronic payment in that amount to your bank account of record, as verified through the on-line SCAAP registration process and in accordance with applicable E-Government rules and requirements. All issues related to the electronic transfer of funds or the bank account of record must be referred to the ()CFO Customer Service Center at 800-458-0786. Please allow 15 business days for the electronic payment process to be complete before contacting OCFO. Please have the grant number, amount, and vendor information (noted above) available when you call. FY 2015 SCAAP Use of Funds List --- Construction --- Construction for inmate housing, inmate programs, prison industries in ADA compliance --- Training/Education for offender --- Specific trade employment skills GED testing Job Preparedness --- Training for corrections officers to help manage offender population -- Bi-lingual language skills Less than lethal technology training Diversity training Li As the CEO or authorized designee of this jurisdiction, 1 understand the guidelines and requirements as associated with the previous statements and agree to abide by them in all matters involving the FY 2015 State Criminal Alien Assistance Program. Accept Decline https://grants.ojp.usdoj.gov/gmsextemal/application.do?aspeet —ACH&applicationID=2553... 9/28/2015 Assurances Page 1 of 1 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(6). 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. [ Close Window https://grants.ojp.usdoj.gov/ginsexternal/displayAssurancesTextAction.st?rnethod=assure&... 4/1512015 Certifications Page 1 of 2 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 (0JP) at Ojpcompliancereporting@usdoj.gov , and, after such disclosure, the applicant has https://grants.ojp.usdoj.gov/gmsexternal/displayAssurancesTextAction.st?method=certify... 4/15/2015 Certifications Page 2 of 2 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) 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, NW., Washington, D.C. 20531. Notice shall include the identific hitps://grants.ojp.usdoj .gov/gmsexternal/displayAssurancesTextAction.st?method —certify... 4/15/2015 FISCAL NOTE (MISC . #15268) October 22, 2015 BY: Finance Committee, Thomas Middleton, Chairperson IN RE: SHERIFF'S OFFICE — 2015 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE 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. The United States Department of Justice, Bureau of Justice Assistance, awarded Oakland County $27,218 in reimbursement funding for its State Criminal Alien Assistance Program. 2. The reimbursement period is July 1,2013 through June 30, 2014. 3. No County match is required. 4. The funding represents a 16.93% decrease from funding. 5. The receipt of the award will be posted in FY 2016. 6. A budget amendment is recommended. General Fund (#10100) FY 2016-2018 4030301-112590-610313 Federal Operating Grants ($64,780) 9010101-196030-665882 Planned Use of Balance $54,780 Total Revenue $ 0 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Kowall, Woodward and Quarles absent. Resolution #15268 October 22, 2015 Moved by Spisz supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gingell, Gosselin, Hoffman, KowaII, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). GERALD D. POISSON CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSVANT TO MCL 45,559AM 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 October 22, 2015, 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 22nd day of October 2015. Lisa Brown, Oakland County