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HomeMy WebLinkAboutResolutions - 2005.06.30 - 27892MISCELLANEOUS RESOLUTION #05132 June 30, 2005 BY: PUBLIC SERVICES COMMITTEE, JEFF POTTER, CHAIRPERSON IN RE: SHERIFF'S AND PROSECUTOR'S OFFICES - FISCAL YEAR 2005 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the U.S. Department of Justice under the federal Fiscal Year 2005 Edward Byrne Memorial Justice Assistance Grant (JAG) has awarded Oakland County, along with the cities of Southfield and Pontiac, grant funding in the amount of 5307,854 which needs to be expended by September 30, 2008; and WHEREAS Oakland County's share of this award is $55,876, and requires no local matching funds; and WHEREAS under an Intergovernmental Agreement with the cities of Southfield and Pontiac, authorized by MR 05058, Oakland County will act as the fiduciary and lead agency for the entire award; and WHEREAS Oakland County's projects under this award include the procurement of laptop computers with appropriate software for the Prosecutor's Office, and cell extraction team gear for the Sheriff's Office; and WHEREAS the grant agreement has been processed through the County Executive Contract Review and the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the award in the amount of $307,854 from the U.S. Department of Justice. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to approve any grant extensions or changes within fifteen percent (15%) of the original award, and to authorize grant funding drawdown consistent with the original agreement as approved. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote. Joseph Rozell From: Greg Givens [givensg@co.oakland.mi.us] Sent: Wednesday, June 08, 2005 10:52 AM To: Doyle, Larry; Cunningham, Dale; Larkin, Mary; Rozell, Joe Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam Subject: GRANT REVIEW — Multi Agency GRANT REVIEW - Multi Agency (Prosecutor's Office and Sheriff's Office, in cooperation with the cities of Southfield and Pontiac) GRANT NAME: FY 2005 Byrne Justice Assistance Grant Program (JAG) FUNDING AGENCY: US Department of Justice DEPARTMENT CONTACT PERSON: Greg Givens, Fiscal Services / 84057 STATUS: Acceptance DATE: June 8, 2005 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the comments returned by review departments. Please note the comments from Corporation Counsel. 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 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 of Management and Budget: Approved.- Laurie Van Pelt (6/2/2005) Department of Human Resources: Approved. - Nancy Scarlet (6/3/2005) Risk Management and Safety: Approved. - Gerald Mathews (6/2/2005) Corporation Counsel: After reviewing this grant agreement, there appear to be no outstanding legal issues that require additional action or resolution. However, the list of "special conditions" appears to impose slightly different and/or expanded obligations on the grant recipients than in previous years. For example, special condition 7 states: 7. To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojp.gov/gjxdm. Grant recipients should review these guidelines with their respective IT departments to ensure that they either do not apply or that the grant recipient is in compliance with them. - Karen Agacinski (6/7/2005) 1 Harvey Wedell From: Greg Givens [givensg@co.oakland.mi.us] Sent: Monday, June 20, 2005 4:40 PM To: Mike Wilk Cc: Jamie Hess; Larkin, Mary; Poisson, Edwin; Joe Sullivan; Bertram, Kevin; 'Karen Agacinski'; 'Gaissert. Mary; 'Dale Cunningham .; 'Wedell, Harvey' Subject: Re: Grant Review: Multi Agency Thanks, Mike. Mike Wilk wrote: > Greg - Mary Gaissert and I spoke with Mary Larkin. There portion of the > grant is to replace their existing laptops with XP and the new version of > Office. No new application is being developed that would require sharing > data. We don't see application under the global model for the laptop > purchase. Thanks. > Original Message > From: Jamie Hess [mailto:hessjgco.oakland.mi.us] > Sent: Monday, June 20, 2005 11:08 AM > To: givensg©co.oakland.mi.us > Cc: 'Wedell, Harvey': 'Dale Cunningham': 'Wilk, Mike'; 'Gaissert, Mary'. > 'Karen Agacinski'; Bertram, Kevin; Joe Sullivan > Subject: Re: Grant Review: Multi Agency > Greg, > I'm not familiar with Global Justice Data Model term. I > will leave the interpretation of this to others. > The CLEMIS division supports the Sheriff's Office, which is > why I only responded to their portion of the grant and > participating Livescan agencies. > If this helps, CLEMIS does have a regional Livescan system in > use by approximately 65 agencies, with the biometrics and > arrestee information residing locally as well as sent to > Michigan State Police for storage in the Michigan Criminal > History application. > Original message Date: Mon, 20 Jun 2005 10:46:54 -0400 »From: Greg Givens <givensg@co.oakland.mi.us > »Subject: Re: Grant Review: Multi Agency »To: Jamie Hess <hessj@co.oakland.mi.us > »Cc: "Wedell, Harvey' <wedellh@co.oakland.mi.us >, "Dale > Cunningham - <cunninghamd©co.oaklandini.us >, "Wilk, Mike - > <wilkm©co.oakland.mi.us>, "Gaissert, Mary - > <gaissertm@co.oakland.rni.us >, "Karen Agacinski" > <agacinskik@co.oakland.mi.us >, "Bertram, Kevin" > <bertramk©co.oakland.mi.us > »Jamie - The Prosecutor's Office is getting computer > equipment under this »grant. Southfield, for which we are fiduciaries, is getting > Digital »In-Car Video and Live-Scan System. Do any of these projects > have > >implications for "Global Justice Data Model" under the 1 • > special • > >conditions of the grant contract? Yes / No? Kevin Bertram > has a hard »copy of the contract. Karen Agacinski is the one asking the > question. »Thanks. • > -givens > »Jamie Hess wrote: >> > >,› > >> Greg, >>> I checked with Dale Cunningham on this grant, the > Sheriffs Office is > » not receiving computer equipment. >>> Jamie Hess - CLEMIS1200 N. Telegraph Rd., Bldg. > 49WPontiac, MI > » 48341Office: (248) 858-7674FAX: (248) 858-5140Email: > » hessj@co.oakland.mi.us >>> >>> » >>> > Mike > » Cc: Wedell, Harvey > » Subject; RE: Grant Review: Multi Agency • >.› > » The acceptance for the subject grant is going to the BoC / > PS > >> tomorrow. I have not seen a any comment or resolution of > the IT > » issues brought up by Corporation Counsel. Please advise. > » Thanks.-givens • >> • » Original Message > >> From: Karen Agacinski > [mailto:agacinskik©co.oakland.mi.us ] >>> Sent; Wednesday, June 08, 2005 10:20 AM >>> To: Greg Givens > >> Subject: FW: Grant Review: Multi Agency • ›.> > ›>, > » Original Message >>> From: Kevin Bertram Ernailto:BertramK©co.oakland.mi.us ] > >> Sent; Tuesday, June 07, 2005 5:01 PM > >> To: 'Mary Gaissert'; 'Jamie Hess' > » Cc: 'Karen Agacinski'; 'Mike Wilk' >>> Subject: RE: Grant Review: Multi Agency • » • » Please see Karen's concern below. Will this > condition apply >>> to us? Original Message >>> From: Karen Agacinski > (mailto:agacinskik@co.oakland.mi.usj > >> Sent: Tuesday, June 07, 2005 4:15 PM > >> To: Mathews, Jerry; Gala Piir; Helen Hanger; Doyle, > Larry; > >> Kevin Bertram; Pardee, Mary; Bruce Karmann; Sheryl > Mitchell; >>> Dave Ross; Jennifer Mason; Judy Cunningham; Candace From: Greg Givens [mailto:givensg@co.oakland.mi.us] Sent: Monday, June 20, 2005 9:54 AM To: Karen Agacinski; Gaissert, Mary; Hess, Jamie; Wilk, 2 >>> Frederick; Nancy Fournier; Julie Secontine; Scarlet, > Nancy; >>> Patricia Davis; Laurie VanPelt; Greg Givens; Shortley, >>> JoeIlen; Wenzel, Nancy; Johnston, Brenthy; > Worthington, Pam; >>> Cunningham, Dale; Larkin, Mary > >> Subject: Grant Review: Multi Agency >>> • ›.› • » GRANT INFORMATIONOperating Department: > ›› Prosecutor's Office, Sheriffs Office • » (incooperation with the city of Southfield,and > the > >> city of Pontiac)Department Contact: Greg Givens, • ›.> Fiscal ServicesContact Phone: 8-40570ther ID • ››- Number: CFDA # 16.738, Contract • » #2005-DJ-BX-0019Funding Period: October 1,2004 > >> through September 30, 2008New Facility / • ›>. Additional Office Space Needs: NonelT Resources • ›>, (New Computer Hardware / Software Needs or > >> Purchases):NoneFunding: NewApplication Total • >,› Project Amount: $307,854Prior Year Total Funding: > ›› N/ANew Grant Funded Positions Request: > NoneChanges > » to Current Positions: NoneGrantor Funds: > » Negotiated allocations: Oakland County > ›.> $55,876,Southfield $100,175,Pontiac $151,803Total > >›, Budget: $307,854Match and Source: No local match • ›,› is required.PROJECT SYNOPSISProjects for Oakland > ›.› County include laptop replacement for >>> theProsecutor's Office and Cell Extraction Gear > >> for the SheriffsDepartment.NOTE: Executed >>> Interlocal Agreement attached (hard > copyonly). REVIEW STATUS: Acceptance - Resolution >>> RequiredAfter reviewing this grant agreement, ▪ >> there appear to be no outstanding legal issues > ).> that require additional action or resolution. > > However, the list of "special conditions" appears • » to impose slightly different and/or expanded > ›.> obligations on the grant recipients than in > >> previous years. For example, special condition 7 • ›). states: > » >>> 7. To support public safety and justice > » information sharing, OJP requires the • » grantee to use the Global Justice Data • » Model specifications and guidelines for > » this particular grant. Grantee shall • » publish and make available without >>> restriction all schemas (extensions, • » constraint, proxy) generated as a result • » of this grant to the component registry • » as specified in the guidelines, This > » information is available at > www.it.ojp.gov/gjxdm. • » • » Grant recipients should review these guidelines • » with their respective IT departments to ensure • ›>. that they either do not apply or that the grant > ›>. recipient is in compliance with them. • » thank you, Karen AgacinskiAssistant Corporation • ››. CounselDepartment of Corporation CounselWest Wing 3 >>> > > (248) >>> > ›.> Extension. Bldg. 14 East1200 N. Telegraph Rd., Dept. 419Pontiac, MI 48340-0419Phone Number: 858-8677Fax Number: (248) 858- > 1003agacinskik@co.oakland.mi.us This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney-client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in anyway. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by > >> > >> > >> > >> > >> > >> > >> > >> > >> > persons >>> • ›). >>> • » • » • » >>> • ›.› >>> >> other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. 4 Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, D. C, 20531 May 26. 2005 Mr. Bill Bullard Jr. Oakland County 1200 North Telegraph Road Pontiac, MI 48341-0403 Dear Mr. Bullard: On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 2005 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $307,854 for Oakland County. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements. you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Judy Poston, Program Manager at (202) 616-1283; and - Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov . Congratulations, and we look forward to working with you. Sincerely, ivt) 11-1-Th Domingo S. Herraiz Director. Bureau of Justice Assistance Enclosures Department of Justice Office of Justice Programs Office for Civil Rights Wushington, D.C. 20531 May 26, 2005 Mr. Bill Bullard Jr. Oakland County 1200 North Telegraph Road Pontiac, MI 48341-0403 Dear Mr. Bullard: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. section 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 8136, Washington, D.C. 20531. Additional Instructions For Grantees Receiving $500,000 Or More: 1. In accordance with Assurance No. 15. each grantee that receives $500,000 or more (or $1,000.000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. 2. Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP. and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The Seven-Step Guide to the Design and Development of an EEOP will assist you in completing this requirement. The Seven-Step Guide and EEOP Short Form may be downloaded from OCR's home page on the Internet (http://www.ojp.usdoj.gov/ocr/). 3. Please be reminded that the above requirements apply to primary grantees and to each of their subgr antees or contractors that meet the criteria outlined in this letter. Therefore, all primary grantees should apprise subgrantees of these responsibilities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date of their award. I If you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJP) or the Office of Community Oriented Policing Services (COPS) within the past two years, or if you have certified that no EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable along with a cover letter that references the new grant award. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days, This Certification Form may also be downloaded from OCR's home page on the Internet. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500.000: 4. Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. Additional Instructions For Grantees Receiving Under $25.000: 5. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for All Grantees: 6. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of ON funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services arc delivered in an equitable manner to all segments of the service population azd their employment practices are in compliance with equal employment opportunity requirements. If you have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http://www.ojp.usdoj.gov/ocr/. Sincerely. 71144---/a 1 . tA- Michael L. Alston Acting Director, Office for Civil Rights cc: Grant Manager Financial Analyst 2 The employment practices of certain Indian tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e Grant Department of Justice Office of Justice Programs Bureau of Justice Assistance PAGE 1 OF 4 7. ACTION Initial 0 6. AWARD DATE 05/26/2005 IA. GRANTEE IRS/VENDOR NO. 386004900 8. SUPPLEMENT NUMBER 00 ! 9. PREVIOUS AWARD AMOUNT I. RECIPIENT NAME AND ADDRESS (Including Zip Code) Oakland County 1200 North Telegraph Road Pontiac, MI 48341-0403 4. AWARD NUMBER: 2005AX-13X-0019 10/0112004 TO 09/30/2008 10/01/2004 TO 09/30/2008 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 3. PROJECT TITLE , 10. AMOUNT OF THIS AWARD $ 307.854 City of Pontiac - Community Policing Initiatives City of Southfield - Digital In-Car Video Camera ProjectCity of Southfield - Police : 11. TOTAL AWARD 5 307,854 Records Bureau Live Scan SystemCounty of Oakland - Laptop A 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGES). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under Public Law 108-447. Consolidated Appropriations Act. 2005 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEF'TANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORI7FD GRANTEE OFFICIAL Domingo S. Herraiz Bill Bullard Chair Board of Conunissio Director. Bureau of Justice Assistance 17. SIGNATURE OF APPROVING OFFICIAL 19, SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE ,to if . -.1 AGENCY USE ONLY I 21. D.105U00009 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 307854 Oil' FORM 4000/2 (REV 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 4 PROJECT NUMBER 2005-DJ-B X-0019 AWARD DATE 05/26/2005 SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and adtninistrative requirements set forth in the current edition of the Office of Justice Programs (0JP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding. until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OW. 5. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 6. Recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. Recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. 7. To support public safety and justice information sharing, OW requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojp.govigjxdm. OW FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 3 OF 4 Grant PROJECT NUMBER 2005-DJ-BX-0019 AWARD DATE 05126/2005 SPECIAL CONDITIONS 8. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size: and, d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 9. This special condition facilitates compliance with the provisions of the National Environmental Policy Act (NEPA) relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories [hereinafter. "meth lab operations"]. No monies from this award may be obligated to support meth lab operations unless the grantee implements this special condition. The Office of Justice Programs (OW), in consultation with the Bureau of Justice Assistance. the Drug Enforcement Administration, and the Office for Community Oriented Policing Services, prepared a Program-level Environmental Assessment (Assessment) governing meth lab operations. The Assessment describes the adverse environmental, health, and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and conditions shall apply to the grantee for any OW funded methlab operations: A. The grantee shall ensure compliance by OJP funded sub-grantees with federal, state, and local environmental, health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals, equipment. and wastes resulting from those operations. B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure that the adverse environmental, health, and safety impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition. C. The grantee shall monitor OW funded meth lab operations to ensure that they comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan, These mitigation measures must be included as special conditions in all subgrants: (See Part II of this special condition) OW FORM 40XJ0/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 4 PROJECT NUMBER 2005-DJ-BX-0019 AWARD DATE 05/26/2005 SPECIAL CONDITIONS 10. 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; 5. Utilize qualified disposal personnel to remove all chemicals and associated glassware. equipment. and contaminated materials and wastes from the site(s) of each seized laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at properly licensed recycling facilities; 7. Monitor the transport. disposal, and recycling components of subparagraphs numbered 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement a written agreement with the responsible state environmental agency. This agreement must provide that the responsible state environmental agency agrees to (i) timely evaluate the environmental condition at and around the site of a closed clandestine laboratory and (ii) coordinate with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if determined necessary by the state environmental agency and in accordance with existing state and federal requirements; and 9. Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetarnine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 11. The recipient shall submit to BJA one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 2005-DJ-BX-0019 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United State Department of Justice." The current edition of the OJP Financial Guide provides guidance on allowable printing activities. 12. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund may not be used to pay debts incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 120 days after the end of the grant period, along with the final submission of the Financial Status Report (SF-269). 13. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. OW FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Steve Antkowiak, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for Oakland County All grants funded under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) will carry the following NEPA special condition: 1) The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgr, antee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Department of Justice Office of Justice Programs Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2005-DJ-BX-0019 PAGE 1 OF 1 This project is supported under Public Law 108-447, Consolidated Appropriations Act, 2005 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name. address & telephone number) Judy Poston Gregory Givens (202) 616-1283 Grants Administrator 1200 N Telegraph Road Executive Office Building - 34-E Pontiac, MI 48341-0403 (248)858-4057 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS Edward Byrne Memorial Justice Assistance Grant Program ON REVERSE) 4. TITLE OF PROJECT City of Pontiac - Community Policing Initiatives City of Southfield - Digital In-Car Video Camera ProjectCity of Southfield - Police Records Bureau Live Scan SystemCounty of Oakland - Laptop A 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE Oakland County 1200 North Telegraph Road Pontiac, MI 48341-0403 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2004 TO: 09/3012008 FROM: 1010112004 TO: 09/30/2008 9. AMOUNT OF AWARD : 10. DATE OF AWARD $ 307.854 05/26/2005 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPT1ON OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment. supplies, contractual support. and information systems for criminal justice for any one or more of the following purpose areas: 1) law enforcement programs: 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs: 5) drug treatment programs; and 6) planning, evaluation, and technology improvement programs. OJP FORM 4000/2 (REV. 4-88) Oakland County will serve as the fiscal agent for JAG funds for Pontiac, Southfield, and the County. The jurisdictions agreed to the following distribution of funds: Pontiac, $151,803; Southfield, $100.175; and Oakland County, $55,876. The City of Pontiac will purchase equipment and vehicles ;motorcycles and all terrain vehicles) required to support law enforcement programs and enhance community policing initiatives. The City of Southfield will purchase digital in-car video systems to aid in the prosecution of criminal offenders, assist in the investigation of internal complaints, and provide added safety to police officers. Southfield will also purchase a live scan system to comply with the State's requirement for submitting electronic fingerpnnts Oakland County will replace outdated laptop computers used by the prosecutor's office in courtroom presentations, and purchase protective gear to ensure safe and effective jail inmate cell extractions. NCA/NCF SIENICOG Local Governments Advancing Southeast Michigan Southeast Michigan Council of Governments • 535 Griswold Street. Suite 300 • Detroit, Michigan -18226-3602 • 313-961-4266 • Fax 313-961-4869 www.semcog.org April 22, 2005 Greg Givens, Supervisor Grants Administration, Oakland County 1200 North Telegraph Road, FOB 34 East Pontiac, Michigan 48341-0403 RE: Application for Federal assistance from the U.S. Department of justice/Edward Byrne Memorial Justice Assistance Grant Program for a project entitled "Collaboration for Justice Assistance Grant-Pontiac, Southfield, Oakland County" Regional Clearinghouse Code: PS 050045 State Clearinghouse File No.: S 050191 Dear Mr. Givens: SEMCOG, the Southeast Michigan Council of Governments, has processed a review for the above application according to intergovernmental review procedures established in Presidential Executive Order 12372 and assumed in the Michigan Federal Project Review System. As the designated regional planning agency for southeast Michigan, we notified the following local government agencies of your project: Oakland County Planning & Economic Development Services Cities of Pontiac and Southfield As of this date, no comments have been received. We will forward comments, if any, for your information and attention. SEMCOG's staff has reviewed the application materials which you submitted and finds that your project does not conflict with areawide plans. We wish you success with this application. Sincerely, 444?/1 ,*(04_ Richard W. Pfaff, Jr. Regional Review Coordinator RWP/bar Jean Flynn Gregory Pitoniak Mary Blackmon Chairperson First Vice Chairperson Vice Chairperson Woe Chairperson, Mayor, Member, Wayne Counry Macomb County City of Taylor Regional Education Board of Commissioners Service Agency John F. Jones Chuck Moss William T. Roberts Vice Chairperson Vice Chairperson Vice Chairperson Supen•tear, Commisnoner Mayne Ira Township Oakland County Cart of Walled Lake Maryann Mahaffey Immediate Pan Chair Council President, City of Detroit Paul E. Tait &amuse Director 0 Recycled paper #2005-F11:80-MI-DJ Intergovernmental Agreement Between and Among The County of Oakland The City of Southfield and The City of Pontiac This Intergovernmental Agreement (Agreement) is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan, 48341 (the County), the City of Southfield, a Municipal Corporation, 26000 Evergreen Road, Southfield, Michigan 48076 (Southfield) and the City of Pontiac, a Municipal Corporation, 47450 Woodward Avenue, Pontiac, Michigan 48342 (Pontiac). In this Agreement, the County, Southfield and Pontiac may be referred to individually as "Party" or jointly as "Parties." In consideration of the mutual promises, obligations, representations and assurances in this Contract, the Parties agree as follows: 1. Purpose of Agreement Pursuant to the requirements of the Edward Byrne Memorial Justice Assistance Grant (JAG) that, in order to make application for grant funds that may be available, the jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, the Parties enter into this Agreement to set forth the information described above for the purpose of making application for grant funds for fiscal year 2005. 2. Definitions 2.1. "Oakland County," "City of Pontiac" and "City of Southfield" shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, volunteers and/or any such persons' successors. 2.2. "Edward Byrne Memorial Justice Assistance Grant" 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 a broad range of activities to prevent and control crime based on local needs and conditions within specific Purpose areas defined in the grant application and other grant information. 3. Terms 3.1. The Parties agree that any and all funds punted pursuant to their grant application will be used only for equipment that will serve the purposes defined in the grant. 3.2. The County agrees to act as fiduciary for any funds granted to the Parties pursuant to their joint grant application. 1.1. 2005-0132 JAG 2.23.05 #20.05-F1180-MI-DJ 3.3. The County agrees that it will complete reports and provide other information required in order to fulfill grant requirements. 3.4. Southfield and Pontiac agree to comply with the County's reporting and fiscal management policies to the extent necessary to provide required information to the Department of Justice regarding use of any funds granted to them and any other information required pursuant to the grant application. 3.5. The County agrees to procure and pay for the agreed upon equipment according to the County's purchasing and financial management policies and procedures. 3.6. All equipment purchased with grant funds will be delivered to the individual requesting Party. Title to each ordered item, unless otherwise required by the conditions of the grant, will transfer to the requesting Party upon delivery. The requesting Party assumes all responsibility for inspecting and accepting ordered equipment. 3.7. Southfield and Pontiac will notify the County's Grant Manager upon acceptance of equipment. The County's Grant Manager will authorize payment according to the County's policies and procedures. 3.8. If problems with equipment arise, the Parties will coordinate their communication, strategies and other actions to correct the problems. 3.9. Allocation of Funds. Any funds granted to the Parties by the Department of Justice under the JAG shall not be used for administrative costs and shall be allocated as follows: 3.9.1. To the City of Pontiac: the sum of $151,803 3.9.2. To the City of Southfield: the sum of $100,175 3.9.3. To the County of Oakland: the sum of 555,876 3.10. Duration. This Interlocal Agreement shall be for a term of the grant. 3.11. 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. 3.12. Termination. Either Party may terminate this Agreement on 7 days written notice for any reason provided such termination is not contrary to the terms and conditions of the JAG grant application and/or any other conditions imposed upon acceptance of grant funds, if any. 3.13. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between the County (including any of its employees), Southfield (including any of its employees) and Pontiac (including any of its employees). 2005-0132 JAG 2,23.05 For the City of Pontiac: T.L; Date Date l/ 1120052.'1.180-MI-DJ 3.14. No Indemnification. Each Party shall be responsible for the acts and/or omissions of its employees. Nothing in this Agreement shall be construed as creating an obligation to indemnify or defend the other Parties for any claim, damage or liability arising out of or stemming from the use of the grant funds managed pursuant to this Agreement. 3.15. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, 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. 3.16. 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 Parties. 3.17. Agreement Modifications or Amendments. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by the Parties. 3.18. Entire Agreement. This Agreement represents the entire Agreement between the Parties and supercedes all other Agreements between the Parties governing the matters described here. 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. 3.19. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained here. For+ the City of Southfield ' Susan D. Silva, Deputy City Clerk For Oakland County: DS Date Bill Bullard, Board Chair 2005-0132 JAG 2.23.05 FISCAL NOTE (MISC. 105132) June 30, 2005 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: SHERIFF'S AND PROSECUTOR'S OFFICES - FISCAL YEAR 2005 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE 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 has awarded Oakland County, the City of Southfield and the City of Pontiac grant funding in the amount of $307,854. 2. Oakland County's share of the award is $55,876. The Prosecutor's Office is allocated $28,409 for the purchase of Laptop Computers and the Sheriff's Office is allocated $27,467 for the purchase of Cell Extraction Equipment. 3. The equipment will be purchased by Oakland County and ownership will be transferred to the City of Pontiac and the City of Southfield. 4. No County match or positions are required. 5. A budget amendment to the FY 2005 budget is recommended as follows: Revenue FY 2005 43-270-520062-22000-0113 Grants-Federal $275,445 41-270-520061-41700-0113 Grants-Federal $ 28,409 $307,854 Expenditures 43-270-420062-22000-4101 43-270-420063-22000-4101 43-270-420064-22000-4101 41-270-420061-41700-4101 Exp. Equipment Exp. Equipment Exp. Equipment Exp. Equipment $ 27,467 $151,803 $100,175 $ 28,409 $307,854 -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Long absent. Resolution #05132 June 30, 2005 Moved by Potter supported by Zack the resolution be adopted. AYES: Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard, Coulter, Crawford, Douglas, Gershenson. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. 7 / los STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 30, 2005 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 30th day of June, 2005. Ruth Joittprsorff County Clerk