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HomeMy WebLinkAboutResolutions - 2007.12.13 - 28395December 13. 2007 MISCELLANEOUS RESOLUTION #07 285 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE — GRANT YEAR 2007 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT APPLICATION/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 expenditure reimbursement funding in the amount of $118,570 for its State Criminal Alien Assistance Program; 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 the reimbursement period covers July 1, 2005 through June 30, 2006; and WHEREAS no county match is required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of the program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Grant Year 2007 State Criminal Alien Assistance Program (SCAAP) Reimbursement award in the amount of $118,570 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote with Middleton absent State Criminal Alien Assistance Program 2007-F4089-MI-AP Page 1 of 2 State Criminal Alien Assistance Program SCAAP Help GMS Home Log Off Grant Number: Jurisdiction: Vendor Number: Award Amount: OMB Number: 1121-0243 Expires: 02/29/2004 2008-AP-BX- 0129 County of Oakland 386004886 $118,570 Fiscal Year 2007 Payment Acceptance and Electronic Transfer of Funds 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 (OW) 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 2007 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, OW 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 OC Customer Service Center at 800-458-0786. Please allow 15 business days for the electronic payment process to be complete before contacting OC. Please have the grant number, amount, and vendor information (noted above) available when you call. FY 2007 SCAAP Use of Funds List httns://2rants.oin.usdoi.aov/amsextemal/annlication.do?asoect=ACH&annlicationID-103... 11/27/2007 State Criminal Alien Assistance Program Page 2 of 2 • Salaries for corrections officers • Overtime costs • Performance based bonuses • Corrections work force recruitment and retention • Construction of corrections facilities • Training / education for offenders • Training for corrections officers related to offender population management • Consultants involved with offender population • Medical and mental health services • Vehicle rental / purchase for transport of offenders • Prison Industries • Pre-release / reentry programs • Technology involving offender management / inter agency information sharing • Disaster preparedness continuity of operations for corrections facility E As the CEO or authorized designee of this jurisdiction, I understand the guidelines and requirements as associated with the previous statements and agree to abide by them in all matters involving the FY 2007 State Criminal Alien Assistance Program. Accept Decline I littnc•llorantc en ncrIni anv/amqeyternal/annliestinn an9agnect:=ACT-IkannliratinnIT)=103 . 11/27/2007 41. GRANT REVIEW SIGN OFF — Sheriff's Office GRANT NAME: 2007 State Criminal Alien Assistance Program FUNDING AGENCY: U.S. Department of Justice DEPARTMENT CONTACT PERSON: Janet Whitefield 248 452-2110 STATUS: Grant Acceptance DATE: November 26,2007 Pursuant to Misc. Resolution #01320, 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 (11/16/2007) Department of Human Resources: Approved by HR. — Jennifer Mason (11/21/2007) Risk Management and Safety: Approved By Risk Management - Andrea Plotkowski (1 .1/20/2007) Corporation Counsel: There are no legal issues that must be resolved before accepting the above-referenced grant. — Jody Hall (11/26/2007) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Federal Office of Management and Budget (OMB) Circular No. A-21, A-87, A-102, A-110, A-122 and A-133 hup://www.wlaitehouse. gov/ombicirculars/index.html Executive Order 12372 - Intergovernmental review of Federal programs http://www.fws.Rov/policv/library/rgeol2372.pdf US Do..I Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) http://www.access.gpo.gov/naralcfr/waisidx 04/28cfrv2_04.htial Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18) hftp://www.access.gpo.govhaara/cfr/waisicbc 01/28cfr 18 01.b.tml Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) http://ww-w.access.gpo.gov/nara/cfr/waisidx 04/28cfr22 04.htna1 Criminal Intelligence Systems Operating Policies (28 CFR Part 23) http://www.access.gpo.gov/nara/cfr/waisidi 01/28cfr23 01.html Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) http://www.access.gpo.gov/nara/cfr/waisidx_01/28cfr30_ 01.b.tml Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) http://vvww. access. FT ° gov/nara/cfr/waisidx 01/28cfr35 01.html Equal Treatment for Faith Based Organizations (28 CFR Part 38) 114,://www.usdoigov/ovw/docs/asamemoreimp1ementationof28eftpart38.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. access. vo. gov/n ara/cfr/waisidx_01/28 c fr61 01 . html Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) hgov/naralcfr/waisidx 01 /28cfr63 01 tml National Historic Preservation Act of 1966 (16 U.S.C. 470) http://www.nps.gov/historyflocal-lawhahnal966.htm • Executive Order 11593 Protection and enhancement of the cultural environment http://www.gsa.gov/Portallgsa/m/conte B S1C8ccontentid=--12094 Archeological and Historic Preservation Act (16 U.S.C. 469) http://www.nps.gov/histog/loca1 -1aw/FIIIPL_ArclallistPres.pdf The National Environmental Policy Act of 1969 (42 U.S.C. 4321) http://www.ngaa.govhaepa/regs/nepahaepaeqia.htm Omnibus Crime Control and Safe Streets Act of 1968 http:I/www.usdoigov/crt/sp1it/42usc3789d_htm Victims of Crime Act (42 USC Section 10604) http://www.usdoigov/crticor/byagency/doj10604,htm Juvenile Justice and Delinquency Prevention Act http://oji dp,hcirs .ora/about/i a2002titlev.ndf Federal Civil Rights Act of 1964 http://www.usdoj.gov/crtJcor/index.htm The Rehabilitation Act of 1973 http://www.dol.govicompliance/laws/comp -rehabltm The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12131 -34) http://frwebgate4.accessmo.gov/egi- bin/waisgate.cgi?WAISdocID=42030427315+0+0+08LWAISaction=retrieve The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) http://www.usdoi .gov/crt/cor/coordititleixstat.htm Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 -6107) httj:/Iwww.do1.govfoasamIregs/statutes/aeact.htm Executive Order 13279 - Equal Protection of the Laws for Faith-based and Community Organizations http://www.whitehouse.govinews/rcleases/2002/12/20021212 -6.html Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec 4601) http://ecfr.gpoaccesszov/ogi/t/text/text- id.x7c=ecfr&sid=764d9d5ch8Of106e9aeaaa --text&node---18:2.0.4.3.7 &idno= I 8 Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.osc.gov/hatchact.htm Restrictions on Lobbying (28 CFR part 69) http://www.access.gpo.gov/nara/cfr/waisidx_04/28cfr69 04.html Government-Wide Debarment and Suspension (28 CFR, Part 67) http://www.access.gpo.gov/nara/ciVwaisidx 04128cfr67 04.htmI Stitt: Application Number- , . [.. ._ 007-F3776-M0-AP 007-F7041-M1)4-' 007-F3509-MD-AP 007-F7087-M O:A17 redetick County J arrett County — . Montgomery County stateOfi4;;;GY*---- 2008-AP-8X4191- 2008-AP-I3X-0581 2008-AP-I3X-0303 I $41,805.00, $1,484,528; 00 if:05,526,g - $2,964,421.00 2008-AP-BX-0500 $1,449.00 2008-AP-BX-0370 $28,401.00 2008-AP-BX-0695 $98,437.00 2008-AP-BX-0269 $126,506.00 4254,733.00 2008 ia -- -----"-----$15, 7 056856.:004 4F-TiVil [ 2008-AP-BX-0266 $1,081.00 ,2008-AP-BX-0045 47421 :6-5 $13,928,00 _ $4,907.00 2008-AP-8X-026.7 $1,361.66 2008-AP-BX-0191- 2008-APBX-0419 ----------- $7,1"." $17,076:0-6 20.08-AP-BX-0300 , 2008-AP-51X-0531 2008-AP-I3X-0579 2008-AP-BX-0304 2008-AP-BX-0612 008-AP-BX-0001 2008-A P-BX-0188 20013-AP-13X-0364 --- 2008-AP-Eik0086 I 2008-AP-13X-0289 2008-AP-BX-0807 2008-AP-EtX-0562 008-AP-BX-0010 2008-AP-BX-0489 8-AP-13X-0540 2008-AP-13X-0129 $11,599.00 $10,387.00 _ $7,644.00 $229,565.00 $5,125.06 $4,26-6.00 $82,307.00 11766-67.10 $1,334.00 $6;996:66 $12,347.00 —$1,677.00 $118,570.40 nnn•••••01... 4k- County of Macomb County ofokiec;;aa7 County of Midland! County Of Monroe ... 2007-F4175-Ml-AP 07-F401 8-MI-AP 2007-F67584v1I-AP "County of Lapeer idif7-T437-mi-AP Tdounty of Lenawae County of Kalamazoo County of Kent ME 2007-F6815-ME-AP _007-F6892-ME-AP 007-.F67.66-Fg-W15 2007-F3673-ME-AP MI 2007-F3545-Mt-AP 2007-F6309-MI-AP 2007:F7039-MI4P 2007-F1669-MI-AF 2007-F3767-MI-AP 2007-F6984-M1-AP 2007-F3510-MI-AP - " 2007-F4627-Ml-AP 2007-F3869-M1-AP 2667--F5-228-MI-AP 2007-F7017-MI-AP 2007-F4059-Ml-AP 2007-F6677-MI-AP 2007-F6344-MI-AT 2007-F4089-MI-AP County of Piscataquts County of York,— cuinbaiiiire7t;iii"" State of Maine County of 13rancii . County ofCalhoun County of Cass, .-..,.....—...- County of Chlinewa _ County of Eaton: 'County of Genesee County of Ingham . IL- CcluT,i/(31*-0Ta- ZiTiTr713,7617.1iaTITZT 1County of Muskegon County of Newaygo* County ofOakland 2007-F3658-MI-AP IlnCoun1y 2007-F4491-MI-AP COUNTY OF GRATIOT 2007-F7021-MI-AP — -County 078e:titan- Sta ApplitatiON umbel' FIPWAWMwilimouNT MN 2008-AP-13X-0228 $65;806.001 2008-AP-13X-0029 --fit-ff.*, 6-0 538-AP-13X-0028 $1099.00 72166-AP-13X-0124- 716/8-AP-13X-073f --""-"" $872.00 2007-F3764-M1-AP 1Courrty of Van Buren 2008-AP-BX-0189 $9,536.00 ...,.- ,. , __. ....._ _ 2008-AP-BX-0499 $27.00 [Si County L [state of Michigan WAYNE COUNTY iiiiii:AFT3R:iiiii- -----------15;;ii:;66 2008-AP-BX-0180 20013-AP-BX-0339 $14,029.00 $1,974.00 - 2008-AP-BX-0485 — .2006-APLBX:-0725 $1,569,99100 $10,910.00 2008-AP-11X-0678 $50,640.00 $2,365,671.00 2007-F4181-MN-AP Flppewa County 12008-AP-8X-0098 1----- $1170.88.00 26.67-F4075-M1-AP— -C7unty—or—St Clalr, 2007-F5387-M1-AP 2007-F4334-MI-AP County of Saginaw counTy-TOTZ;i-eti County of fUscota 2007-F4226-MI-AP 2007-F6814-M1-AP County of Wexford' 2007-F5325-M1-AP _Leelanau County 2007-F4142-M1-AP Livingston County 2007-F3970-MI-AP Santlac County' 2007-F4737-MI-AP .2-0-07Ft326-6--Ki - 2-0-0-7-F6601-a --A"P MO 2007-F6403,MN-AP County of Benten 2007-F6793-MN-AP County •TiroTa"--- 2007-F6758-MN-AP 2007-F4097--WIRX13---- .. e;cowun,t7tr 007f teizorIoTiocihue" 2007-F6232-MN-AP _ County of Ramsey 6-&;iity of Scott County of Stearns 2007-F0765-MN-AP County Steele.* County of Wright- 2007-F6833-MN-AP Hennepin County 2007-F6620-MN-AP OlmsteriCounty Polk tiie70-576:thrienty OF.; 2007-F ar20-MN-AP Washington County 2007-F6397-MN-AP Watonwan County County of Greene County of Newton 2008AP-13X-0640 $3,900.00 2008-AP-BX-0718 $46,883.00 2008-AP-E0(-0705 4873-9-870-5. 2008-AP-BX-0133 " $1Or8t8.E01 1008-AP-DX-0663 $161,424,00 2008-AP-BX-0435 $22,636.001 2008-AP-BX-0707 2008-AP-X-0404 - $7,761.00 Rim-A P-13X-0708 2008-AP46X-0511 2006-AP-8X-0504 2008-AP-13X-0388' $2.404.00 5158-AP-13X-0365 2008-AP-13X-0638 $063,826.00 - $10,48-7.00 $10,704.00 $1,697,616.001 008-AP-BX-0452 - $10,835.00 008-AP-13X-0251 $3,132.-E 2007-F6764-MN-AP 2007-F6943-MN-AP 2007-F3886-MN4P 2007-F4566-M0-AP 2007-F3633-M0-AP $43,339.00 BUREAU OF JUSTICE ASSISTANCE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) NEW: 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. Jurisdictions receiving SCAAP awards will be asked to report the projected use of these funds at the time the award is accepted. PART I: SCAAP Guidelines SCAAP Overview The Bureau of Justice Assistance (BJA), Office of Justice Programs, U.S. Department of Justice, administers SCAAP, in conjunction with the U.S. Department of Homeland Security (DHS). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or local law, and who are incarcerated for at least 4 consecutive days during the reporting period. SCAAP Legislative Authority SCAAP is governed by Section 241(i) of the Immigration and Nationality Act, 8 U.S.C. § 1231(1), as amended, and Title II, Subtitle C, Section 20301, Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103- 322. In general terms, if a chief executive officer of a state or a political subdivision exercises authority over the incarceration of undocumented criminal aliens and submits a written request to the U.S. Attorney General, the Attorney General may provide compensation to that jurisdiction for those incarceration costs. SCAAP is subject to additional terms and conditions of yearly congressional appropriations. Eligible Applicants States and local units of government that have authority over correctional facilities that incarcerate or detain undocumented criminal aliens for a minimum of 4 consecutive days are eligible to apply for SCAAP funds. States and local units of general government include the 50 state governments, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the more than 3,000 counties and cities with correctional facilities. Regional jails, special jail districts, or regional jail authorities and boards do not qualify as political subdivisions of a state for purposes of SCAAP, and therefore are not eligible to directly apply for SCAAP funds. Each unit of government that houses inmates at a regional facility must apply independently for SCAAP funds, based on its own costs of housing its undocumented aliens in the regional facility. Regional facilities may not submit SCAAP applications on behalf of jurisdictions in its service area, nor may a regional facility submit one application for all participating jurisdictions, using one jurisdiction's name as the recipient. Authorized Officials SCAAP payments must go directly to eligible states and localities. Authorized jurisdiction employees for SCAAP purposes must be listed as either the Authorized Representative or Alternate Contact in the GMS User Profile. The chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate authority to another jurisdiction official. The CEO is generally considered the highest ranking elected or appointed official of a unit of government. Minimum Period of Incarceration Only eligible persons who were incarcerated for 4 or more consecutive days between July 1, 2005 and June 30, 2006 may be included in the FY 2007 SCAAP application. Multi-Jurisdictional issues • Eligible inmates housed in the applicant's facility exclusively on behalf of another jurisdiction may only be reported by the sending jurisdiction, regardless of whether the applicant received reimbursement for related incarceration costs. FY 2007 SCAAP Guidelines and Application Page 1 EXAMPLE TOTAL DAYS • Unless otherwise covered by a cost reimbursement agreement, inmates who are ready for release once qualifying charges or convictions are concluded, and who are temporarily held in the applicant facility on the basis of outstanding warrants or detainers from other jurisdictions, including federal law enforcement agencies, are SCAAP eligible. The applicant jurisdiction may claim the total number of days the inmate was in custody, including the days the inmate was held on the detainers or outstanding warrants. • Detention or incarceration days attributable to otherwise qualifying inmates held on federal charges, convictions, or detainers and covered by cost reimbursement agreements are not SCAAP eligible. Juveniles adjudicated delinquent, regardless of the charges or length of custody, are not SCAAP eligible. Only juvenile offenders who are convicted as adults and who meet the qualifying SCAAP criteria may be eligible. Eligible Inmates Applicants may submit records of inmates in their custody during the reporting period who: • Were born outside the United States or one of its territories and had no reported or documented claim to U.S. citizenship. • Were in the applicant's custody for 4 or more consecutive days during the reporting period. • Were convicted of a felony or second misdemeanor for violations of state or local law. • Were identified and reported as undocumented, using due diligence. The U.S. Department of Homeland Security will make the final determination on the status of submitted inmate records for undocumented alien purposes. Inmates may qualify for SCAAP purposes if they were: • Persons who entered the U.S. without inspection or at any time or place other than as designated by the Attorney General. • Persons in deportation or exclusion proceedings at the time they were taken into custody. • Non-immigrants who failed to maintain their non-immigrant status at the time they were taken into custody. • Certain Mariel Cubans who otherwise meet these requirements. Total All Inmate Days The "total all inmate days" is the cumulative number of incarceration or detention days attributable to a// inmates housed in the jurisdiction's facilities during the reporting period. It includes all inmates, regardless of their status, citizenship, disposition, or length of stay, including inmates held at contract facilities. A jurisdiction can use the sum of all nightly, facility head counts for the 365 days in the reporting period. A jurisdiction detained or incarcerated 400 inmates during the current reporting cycle. Each inmate was held for exactly 7 days. 2,800 (400 inmates x 7 days) Page 2 FY 2007 SCAAP Guidelines and Application Criminal Charges and Convictions To be eligible for reporting, inmates must have been convicted of a felony or second misdemeanor for violations of state or local law, and housed in the applicant's state or local correctional facility for 4 or more consecutive days during the reporting period. NI pretrial and postconviction time served from July 1, 2005 through June 30, 2006 may be reported to BJA. EXAMPLES REPORTABLE DAYS An alien was convicted of a felony during the reporting period and spent 20 days in pretrial detention and 60 additional days from the conviction. All 80 days occurred during 80 the reoortino period. An alien was convicted of a felony during the reporting period and spent 20 days in pretrial detention and 60 additional days from the conviction. The 20 pretrial detention 60 days and 40 of the sentenced days occurred in the reporting period; the remaining 20 days were served after June 30. 2006. An alien was convicted of a felony several years ago and is being held in pretrial detention on new charges. As this alien already qualifies based on the prior felony As calculated conviction, once he meets the minimum of 4 consecutive days in custody during the reporting period, the pretrial days may be reported to BJA, regardless of the outcome of the Dendino charges. An alien was convicted of a second misdemeanor and served 3 consecutive days as of June 30, 2006, and 20 additional days after June 30, 2006. This inmate cannot be 0 reported for FY 2007, but will qualify for FY 2008. NOTE: The first 3 days of the sentence are not reportable, regardless of what occurs with this inmate in the future. , Required Inmate Data Format The detailed inmate file reflects the jurisdiction's good faith and due diligence efforts to identify and list undocumented criminal aliens housed in its correctional facilities. Required inmate data elements include the A- Number, if known; last, middle, and first names; date of birth; unique inmate number assigned by the applicant jurisdiction; foreign country of birth; date taken into custody; date released from custody; and the Federal Bureau of Investigation (FBI) number, if known. For inmates with aliases or multiple periods of incarceration: Creating a separate and distinct inmate record for each qualifying period of incarceration may include eligible inmates incarcerated more than once during the reporting period. Similarly, inmates with known aliases may be reported by creating a separate and distinct inmate record for each name. The same unique inmate identification number must be used for all records associated with a single inmate, regardless of the name under which the inmate was incarcerated. Applications submitted without complete facility data and inmate records will not be considered for SCAAP funding. Country of Birth Codes Generally, a person born in the U.S. or a U.S. territory is a US, citizen and should not be reported. Any submitted inmate record that includes a country code not on the official ICE country codes list will be rejected. Any record with an official country code that does not specifically represent a foreign country (unknown) will only be considered in the award calculation if determined the inmate is undocumented or otherwise qualifies. If the country provided by the inmate is not on the official list, select a country with a close geographic proximity to the one named by the inmate. Alternatives to Traditional Incarceration Inmates are not eligible if they served their incarceration incrementally, such as through weekend incarcerations that enabled them to maintain employment. Qualifying periods of incarceration must occur consecutively over the course of 4 or more days. Parole and Probation Violators Eligible inmates on parole or probation from qualifying convictions who are subsequently returned to the custody of a state or local correctional facility may be eligible. FY 2007 SCAAP Guidelines and Application Page 3 Correctional Officers Correctional officers include employees, officers, and contractual staff whose primary responsibility is the control, custody, or supervision of persons detained and incarcerated, including correctional officers, deputy sheriffs, correctional/jail supervisors, shift commanders, chiefs of security, assistant wardens, and wardens. Transportation officers and others providing control, custody, or supervision of inmates who are temporarily outside the maintaining facility are also eligible. Employees, officers, and contractual staff whose primary responsibility is providing noncustody services to the facility or its inmate population are not SCAAP eligible, including office and secretarial support, administrative, housekeeping, maintenance, food, health, education, training, vocational, counseling, and medical staff. Staff who function independently or outside the correctional facility, including parole and probation agents, hearing officers, court commissioners, judicial, prosecutorial, and public defenders, warrant and apprehension units, and others are not eligible. Correctional Officer Salary Calculation Salary information reported in the SCAAP application must reflect the total salaries and wages paid to full- and part-time correctional officers and others who meet the SCAAP definition. The reported sum should total the jurisdiction's actual salary expenditures for the reporting period, not an estimate or average. Correctional officer salary costs may include premium pay for specialized service, shift differential pay, and fixed-pay increases for time in service. It may also include overtime required by negotiated contract, statute, or regulation such as union agreements, contractual obligations, and required post staffing minimums. Per Diem Costs Per diem cost is calculated by the SCAAP system, dividing the jurisdiction's "total all inmate days" into the "total correctional officer salary costs." During the FY 2005 reporting period, jurisdictions reported an average per diem cost of $29.98. BJA may require documentation to validate per diem costs or impose limits on the costs. SCAAP Award Calculation Once SCAAP data has been validated and analyzed, applicants will receive e-mail notification that awards are ready for online acceptance and drawdown. Formal acceptance of an award via GMS is necessary for the electronic transfer of funds into the applicant's bank account of record. Applicants have 45 calendar days to accept awards through GMS once notice is provided. (www.oillusdoi.qov/FinGuide/). Payment Formula The following provides an overview of the method used to calculate SCAAP payments 1. Using financial data from applicants, a per diem rate is calculated for each jurisdiction. For FY 2005, the average per diem rate was $29.98 per inmate. 2. Inmate data is provided to the U.S. Department of Homeland Security to validate inmate data for eligible, unknown, and invalid records. 3. Each jurisdiction's total eligible inmate days and a percentage of the unknown days are totaled then multiplied by the applicant's per diem rate to derive the total correctional officer salary costs for eligible and unknown inmate days. The percentage used for unknown days is determined by a sliding scale: cities 60 percent; states 65 percent; and counties 80 percent of their total unknown inmate days. 4. The value of each applicant's correctional officer salary costs associated with its eligible and credited unknown inmate days are totaled. This total value reflects the maximum amount for SCAAP reimbursement. A percentage factor is used to reflect the relationship between the maximum reimbursable salary costs and the appropriation. For FY 2005, this factor was approximately 33.50 percent. Variances A variance will exist between the total salary costs reported by a jurisdiction and the final SCAAP payment amount, due to adjustments for unknown, ineligible, or invalid inmate records and the annual appropriation. Both the SCAAP system and BJA check for variances from prior year submissions for correctional officer staffing and salary levels, total bed count, and number of total inmate days. FY 2007 SCAAP Guidelines and Application Page 4 PART II: Applying for FY 2007 SCAAP Funds FY 2007 Reporting Period The FY 2007 SCAAP reporting period is from July 1, 2005 through June 30, 2006. FY 2007 Registration and Application Deadlines Applications will be accepted through the online Grants Management System (GMS) beginning June 4, 2007, and ending at 8:00 p.m. e.t. on July 18, 2007. Applicants must begin the online SCAAP registration process prior to 8:00 p.m. e.t. on July 11, 2007. GMS Application Process The SCAAP Catalog of Federal Domestic Assistance (CFDA) number is 16.606. For questions or concerns at any point in the GMS process, call the SCAAP Help Desk at 1-202-353-4411. 1. Access GMS at https://grants.oip.usdoi.ciov . 2. if you already have a GMS user ID, proceed to the GMS sign in. Even if your organization already has a user ID, you will not be considered registered for the solicitation until you have signed on to GMS and entered the appropriate solicitation. 3. If you do not have a GMS user ID, select "New User? Register Here." After you have completed all of the required information, click "Create Account" at the bottom of the page and to note your user ID and password, which are case sensitive. Within a few days, BJA will send an e-mail confirmation to newly registered applicants that their user ID and password have been approved and they are eligible to submit an application. 4. Beginning October 1, 2003, a Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) number must be included in every application for a new award or renewal of an award. The DUNS number will be required whether an applicant is submitting an application on paper, through OJP's Grants Management System, or using the governmentwide electronic portal (Grants. gov ). An application will not be considered complete until the applicant provides a valid DUNS number. Organizations should verify that they have a DUNS number or take the steps necessary to obtain one as soon as possible. Applicants can receive a DUNS number at no cost by calling the dedicated toll-free DUNS number request line at 1-800-333-0505. 5. After you have logged onto the system using your user ID and password, click on "Funding Opportunities." 6. Select the "Bureau of Justice Assistance" from the drop-down list and click "Search." This will narrow the list of solicitations within the Office of Justice Programs to those in BJA, 7. From the list of BJA grants, find "State Criminal Alien Assistance Program" and click "Apply Online." 8. Confirm that your organization is eligible to apply for this program by reading the text on the screen. If eligible, proceed by clicking "Continue." 9. Once you have reached this point, you are considered successfully registered. Online Inmate Data Reporting Process Select the file upload process below that best meets your needs. While you may change the method prior to submitting the completed application to BJA, note that the change from one process to another will overwrite and delete all previous inmate record submissions. • Direct File Upload: The direct file upload function allows you to submit inmate database records in a single ASCII-formatted file directly into GMS. File uploads must contain the mandatory data fields in the required format. File uploads that do not include the necessary information will be considered incomplete and not eligible SCAAP funding. The SCAAP system provides you with an opportunity to correct files or add missing data prior to finalizing the application. FY 2007 SCAAP Guidelines and Application Page 5 • Direct Data Entry: The direct data entry function allows you to manually enter inmate data directly into an online inmate data template, instead of creating a separate ASCII file. This approach may be best suited for jurisdictions with smaller facilities or small criminal alien populations. Drop-down menus are provided for selecting incarceration dates, date of birth, and country of birth (complete country names are listed). During the file upload process, a red flashing bar will appear at the bottom of the applicant screen. This bar will continue to flash until the inmate file upload is complete. Upon completion of the inmate file upload, SCAAP GMS will provide the applicant with a "File Upload Status Report." This report will list the number of inmate records in the upload and the number of inmate records that are complete. In addition, the report will provide a detailed list of inmate records (by file number) that are incomplete or have data format errors and the nature of the error. Print this file upload status report for your records. If during the file upload process, your Internet browser times out or is disconnected, your inmate file upload may not be complete. It is important that you check the "File Upload Status Report" and verify that all of your inmate records have been uploaded. When initiating a file upload, there is an approximate 10 second start-up delay. Once the file upload has actually begun, the estimated times for file uploads: 300 inmate records = less than 1 minute; 7,800 inmate records = 3 minutes; 54,600 inmate records = 15 minutes. Technical System Requirements Internet access is required to apply for SCAAP funding. Generally, Netscape Communicator 4.7 and Internet Explorer 5.5 are the earliest versions of the respective Internet browsers that may be used for successful SCAAP application system access. Contact your agency network administrator to determine if an internal firewall or agency Internet security system may be preventing direct access to the application system, or contact the GMS Help Desk for information regarding correct port settings. If you are a prior SCAAP user, the browser bookmark may not work properly and an attempt to access the SCAAP application site may generate a message advising that the 'page cannot be displayed." Delete the bookmark and manually type the URL into the browser address line. Internet User Accounts Government officials from the applying jurisdictions must establish the OJP GMS user accounts for SCAAP. Non-government officials may not establish user accounts on behalf of applying jurisdictions. When establishing a user account, sheriffs or chiefs of police are not considered CEOs, but they may serve as the contact persons establishing the SCAAP user accounts on behalf of the CEOs. All applications must be filed in the name of the state or unit of government and must include the jurisdiction's CEO's name, official title, and e- mail address. Application Resubmissions BJA may return a submitted application with incomplete or inaccurate data to the applicant for corrections, and will notify both the CEO and the SCAAP contact, via the e-mail address of record, that their application needs to be corrected and resubmitted by a certain date to be considered for SCAAP funding. FY 2007 SCAAP Guidelines and Application Page 6 Assurances Page 1 ef 2 LI Offid Seat of Th= OMB APPROVAL NUMBER 1121-0140 EXPIRES 06/30/2009 248 858 1485 11/18/2007 11:13 ' 8485 P.001/005 From:Odkland County STANDARD ASSURANCES NOTE YotemmatelIck on the "Accept" button at the bottom of the pane before closing this window 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 General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistant*. 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 1 22, 23, 30, 35, 38, 42, 61, and 63. 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 Sheets 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. § 794); 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. https://grants.ojp.usdoi.gov/gmsexternal/GenAssurances.jsp?assured---N&assurelD:7--1321 7/17/2007 248 858 1485 11/18/2607 11:14 #485 P.852/005 " From: Oakland County Assurances Page 2 of 2 PrgsFil https://grants.ojp.usdoLgov/gmsexternal/GenAssurauces.jsp7assured=NezassureID=1321 7117/2007 • From:Oakland County Certifications 248 858 1485 NOTE You must click on the "A 11/16/2007 11:14 11485 P.003/005 Page 1 of 3 male before olosino this window conr- nurron at MO DOILOM OT me new Dun U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Acceptance of this form provides for compliance with certification requirements under 28 CFR Part 6e, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro- curement) and Government-wide Requirements for Drug- Free Warkplace (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 59, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, Slate, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and https://grants.ojp.usdoj.gov/ginseKternal/GenCertifieationsjsp?certified=N&certifv1D=1320 7/17/2007 248 858 1485 11/16/2007 11:14 #485 P.004/005 FrOi:Odkland County Certifications Page 2 of 3 (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee Of 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, AlTN: Control Desk. 810 7th Street, NW., 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.us doj .govignis extemal/GenCertifi c oils sp?ceitified=N8ccertifv1D-1320 7/17/2007 Fr: Oakland County 248 858 1485 Certifications 11/18/213.07 161 4 11485 P. 1J05/005 Page 3 of 3 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certhications. littps://gran.ts.oip.usdoi .gov/Funsexternal/GenCerlifications.iso7certified=N&certifvfi)=1 320 7117129(17 FISCAL NOTE #07285 December 13, 2007 BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE — GRANT YEAR 2007 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT APPLICATION/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 the Sheriffs Office $118,570 in reimbursement funding for its State Criminal Alien Assistance Program. 2. The reimbursement period for Grant Year 2007 is July 1, 2005, through June 30, 2006. 3. No County match is required, 4. The Grant Year 2007 funding represents a 45% increase from Grant Year 2006 funding. The county anticipated funding in the amount of $82,000. The Corrective Services revenue budget will be increased by $36,570 to reflect the increase. The increase will be appropriated in contingency. 5. A budget amendment to the Fiscal Year 2008 budget is recommended as follows: GENERAL FUND #10100 Revenue FY 2008 4030301-112590-610313 Grants Federal $ 36,570 Total General Fund Revenue $ 36,570 Expenditures 9090101-196030-730359 Contingency $ 36,570 Total General Fund Expenditures $ 36,570 $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Coulter absent. Rut , County Clerk 1 HEREBY APPROVE THE FOREGOING RESOLUTION / 2- 1107 Resolution #07285 December 13, 2007 Moved by KowaII supported by Middleton the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. 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 December 13, 2007, 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 13th day of December, 2007.