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HomeMy WebLinkAboutResolutions - 2007.06.14 - 28452MISCELLANEOUS RESOLUTION # 07153 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE/PROSECUTOR'S OFFICE/CIRCUIT COURT/ COMMUNITY CORRECTIONS — FISCAL YEAR 2007 BYRNE JUSTICE ASSISTANCE GRANT (JAG) INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriffs Office, Prosecutor's Office, Circuit Court, Community Corrections Division, the City of Southfield and City of Pontiac wish to apply to the U.S. Department of Justice, Office of Justice Programs for funding under the Byrne Justice Assistance Grant Program for the period June 1, 2007 through May 31, 2011; and WHEREAS the grant application requires the adoption of an intergovernmental agreement between the local units of government; and WHEREAS an agreement has been drafted (as attached) by the County's Corporation Counsel; and WHEREAS State statute (MCL 45.556P) states that the Board of Commissioners has the authority to enter into agreements with other governmental or quasi-governmental entities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached intergovernmental agreements with the City of Pontiac and the City of Southfield and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED that one original intergovernmental agreement be filed with the Michigan Department of State, Office of the Great Seal. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Fund Dept Program Account Number of Positions Revenue Account title Grants-Federal Grant Match - Transfer Expenses Sheriff Prosecutor Circuit Court Community Corrections Total Oakland County Sheriff/Prosecutor/Circuit Court/Community Corrections Justice Assistance Grant (JAG) Comparison of FY 2006 Grant Award to FY 2007 Grant Application Award Award Application Increase/ FY 2005 FY 2006 FY 2007 (Decrease) $307,854.00 $114,411.00 $299,465.00 $185,054.00 0.00 0.00 0.00 0.00 $307,854.00 $114,411.00 $299,465.00 $185,054.00 $27,467.00 $16,791.00 $20,000.89 $3,209.89 28,409.00 9,100.00 12,836.11 3,736.11 0.00 9,140.00 12,836.00 3,696.00 0.00 3,000.00 12,836.00 9,836.00 $55,876.00 $38,031.00 $58,509.00 $20,478.00 Pontiac City Southfield City Total Grand Total $151,803.00 100,175.00 $251,978.00 $307,854.00 $76,380.00 0.00 $76,380.00 $114,411.00 $124,933.00 116,023.00 $240,956.00 $299,465.00 $48,553.00 116,023.00 $164,576.00 $185,054.00 Prepared by Fiscal Services 6/5/2007 GRANT REVIEW SIGN OFF — Multi -Departmental GRANT NAME: 2007 Byrne Justice Assistance Grant (JAG) FUNDING AGENCY: U.S. Department of Justice DEPARTMENT CONTACT PERSON: Diane Creguer / 248-975-9634 STATUS: Application DATE: June 12, 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 application package (which should include an application Report from Fiscal Services to the Chairperson of the Board of Commissioners, the grant application, and this Sign Off email containing grant review comments) may be submitted to the Chairperson of the Board of Commissioners for review and signature, with informational copies to the appropriate Board of Commissioners' committee(s). DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (06/05/2007) Department of Human Resources: Approved by HR. — Jennifer Mason (06/05/2007) Risk Management and Safety: Approved By Risk Management - Andrea Plotkowski (06/06/2007) Corporation Counsel: After reviewing this grant application, provided the intergovernmental agreement is executed by the identified co-applicants, there appear to be no unresolved legal issues that require additional action at this time. — Karen Agacinski (06/05/2007) Application Number: 2007-F2953-MI-DJ Intergovernmental Agreement Between and Among The County of Oakland The City of Pontiac and The City of Southfield 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 Pontiac, a Municipal Corporation, 47450 Woodward Avenue, Pontiac, Michigan 48342 (Pontiac) and the City of Southfield, a Municipal Corporation, 26000 Evergreen Road, Southfield, MI 48076 (Southfield). In this Agreement, the County, Pontiac and Southfield may be referred to individually as "Party" or jointly as "Parties." In consideration of the mutual promises, obligations, representations and assurances in this Agreement, the Parties agree as follows: 1. Purpose of Agreement Pursuant to the requirements of the Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance Grant (JAG) Program 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 2007. 2. Defmitions 2.1. "Oakland County (County)," "City of Pontiac (Pontiac)" and "City of Southfield (Southfield)" each shall be defined to include any and all departments, divisions, commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, 1.1. 2007-0443 Intergovernmental Agreement JAG grant application Oakland County, Pontiac, Southfield Final 05.22.07 1 Application Number: 2007-F2953-MI-DJ employees, agents, subcontractors, volunteers and/or any such persons' successors of the referenced governmental entity or unit ("Agents"). 2.2. "Bureau of Justice Assistance (BJA) Edward Byrne Justice Assistance Grant (JAG) Program" means the grant program of the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, by which Federal funds are made available to support all components of the criminal justice system, from multi-jurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives, as firther and more fully defined in the grant application and other grant information. 3. Terms 3.1. The Parties agree that any and all funds granted pursuant to their joint 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. 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 to provide any other information required pursuant to the grant application and/or grant agreement. 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 2007-0443 Intergovernmental Agreement JAG grant application Oakland County, Pontiac, Southfield Final 05.22.07 2 Application Number: 2007-F2953-MI-DJ 3.14. No Indemnification. Each Party shall be responsible for its own acts and/or omissions and the acts and/or omissions of its Agents. 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 by the County 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. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, pursuant to the requirements of the Edward Byrne Justice Assistance Grant (JAG) 2007-0443 Intergovernmental Agreement JAG grant application Oakland County, Pontiac, Southfield Final 05.22.07 4 S- 2L(7 (print name) , \--)m (pun) name) k act ,a0 Date Application Number: 2007-F2953-MI-DJ Program that, in order to make application for grant funds that may be available, the Parties enter into this Agreement. For the City of Pontiac: (print name) Date For the City of Southfield ns Date For the City of Southfield For Oakland County: (print name) Date 2007-0443 Intergovernmental Agreement JAG grant application Oakland County, Pontiac, Southfield Final 05.22.07 5 Page.1 of 1 APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE _ 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY STATE State Application Identifier Application Non-Construction 4. DATE RECEIVED BY Federal Identifier FEDERAL AGENCY 5APPLICANT INFORMATION Legal Name Organizational Unit County of Oakland County Government Address Name and telephone number of the person to be contacted on matters involving this application 1200 N Telegraph Road Courthouse Building #12 East Creguer, Diane Pontiac, Michigan (248) 975-9634 48341-0403 6. EMPLOYER IDENTIFICATION NUMBER (EN) 7. TYPE OF APPLICANT 38-6004876 County 8. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT NUMBER: 16.738 CFDA EDWARD BYRNE MEMORIAL JUSTICE City of Pontiac - Police Department Equipment TITLE: ASSISTANCE GRANT PROGRAM Acquisition City of Southfield - Police Department Equipment Acquisition County of Oakland - Sheriffs Department, Prosecutor's Office, Community Corrections Department, Circuit Court Equipment Acquisitions 12. AREAS AFFECTED BY PROJECT The geographic jurisdiction of the City of Pontiac, the City of Southfield and the County of Oakland, Michigan 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date: June 01, 2007 End Date: May 31, 2011 a. Applicant b. Project MI08 MI09 MI11 MI12 15. ESTIMATED FUNDING 16, IS APPLICATION SUBJECT TO REVIEW Federal $299,465 BY STATE EXECUTIVE ORDER 12372 - PROCESS? Applicant $0 State $0 This preapplication/application was made available to the state executive order 12372 process for Local $0 review on 06/11/2007 Other $0 Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL $299,465 N 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. Close Window https://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do?print=yes 5/31/2007 OAKLAND COUNTY FY 2007 JAG - Application 2007-F2953-MI-DJ Project Narrative — Attachment 1 Project: City of Pontiac — Patrol Vehicles The Pontiac Police Department has vehicles in its fleet that are in need of replacing. We will use the grant funds to purchase two (2) Chevy Impalas, and two (2) Chevy Tahoes. The purchase of the vehicles will provide safer and more reliable vehicles, as well as minimize the associated maintenance and fuel costs. Project: City of Southfield — Police Vehicle Equipment Enhancement Dual Long Gun Mounts: Capital equipment for this project will replace the single shotgun mount in each marked police vehicle. Presently, uniform officers are assigned two long guns; 12 gauge shotgun and M16 rifle. The shotgun is carried within the front passenger compartment and the rifle is carried in the trunk. The dual mount will allow both long guns to be immediately accessible during critical incidents. Police Vehicle Safety Partitions: Capital equipment for this project will replace the existing safety partitions in the marked police vehicles. The current safety partitions are outdated and will require modification for new police vehicle models. Additionally, the proposed partition is more accommodating for the dual long gun mount, police radio and computer system. Prisoner Containment Modules: Capital equipment for this project to replace the standard rear seat with a solid molded polyethylene rear seat and foot well. The plastic material will not absorb body fluids which will help protect officers and occupants from potentially infectious disease and pathogens. Additionally, the solid seat design helps to eliminate cavities for hiding weapons or contraband. Project: City of Southfield — Document Management Solution Capital equipment for this involves the purchase of high capacity / high volume color document scanners to link supplemental police reports, such as handwritten statements, ownership and financial documents, etc. to the CLEMIS records management system (NetRMS). Due to the large volume of supplemental reports received daily and the various personnel that will be responsible for scanning and attaching these documents to the NetRMS report file, scanners will be placed throughout various bureaus in the police department. Project: County of Oakland — Prosecutor's Office Equipment Acquisition Capital equipment for this project will replace and supplement existing outdated/incompatible equipment used by staff members. The new equipment is needed for courtroom presentations to juries and training Assistant Prosecutors and police officers. Project: County of Oakland — Circuit Court Equipment Acquisition Capital equipment for this project to create a courtroom environment to allow users to improve the manner in which they can play back court testimony and present evidence. Project: County of Oakland — Community Corrections Security System and Equipment Acquisition Capital equipment for this project is to purchase and install a security system in the building used for our Weekend/Weekday Alternative for Misdemeanant (WWAM) program. An average of 250 court ordered people frequent the building each Saturday and Sunday with another 50-75 people each Tuesday, Wednesday and Thursday. The security system is necessary in order to prevent and detect any crimes that may occur on the premises. Additional funds are necessary to purchase six (6) AlcoSensor 3 PBT machines. These units are used in our RESULTS drug testing unit, our Step Forward day reporting unit, and our WWAM unit to test individuals for alcohol use. Project: County of Oakland — Sheriff's Office Equipment Acquisition Stun cuffs: equipment for this project is to be used in the Circuit and District Courts for Security and safety of the Court staff, public, inmates and deputies. The new equipment will enhance court security and transportation of inmates. We found that it would be very beneficial to place on defendants who are in trial, where the actual hand cuffs and belly chains would need to be removed in the court room. These devices are concealable and yet still could be activated by a Deputy should the defendant become out of control (aggressive inmate, escape risk, etc.). Helmets — Mounted Unit: equipment for this project is to be used by the Sheriff's Mounted Unit. The helmets they are requesting will be replacing an older style helmet that was not designed for use by Mounted Deputies. The helmets will enable them to be compliant with insurance regulations, workers compensation and liability insurance etc. that come with riding a horse in a police activity. Description of Item Dual Weapons System Unit Cost Quantity Total $325 50 $16,250.00 OAKLAND COUNTY FY 2007 JAG - Application 2007-F2953-MI-DJ Project Budget — Attachment 2 Project: City of Pontiac — Patrol Vehicles Description of Item Chevy Impala with build up Unit Cost Quantity Total $25,000.00 2 $50,000.00 Chevy Tahoe with build up $37,466.50 2 $74,933.00 PROJECT TOTAL $124,933.00 CITY OF PONTIAC SUBTOTAL $124,933.00 Project: City of Southfield - Police Vehicle Equipment Enhancement Setina Left to Right Prisoner Partition with Polycarbonate Window and Recessed Panel for Dual Weapons $550 50 $27,500.00 Lower Extension Panel for Recessed Panel Partition $50 50 $2,500.00 Prisoner Containment Module; includes seat and foot well for the Ford Crown Victoria $405 50 $20,250.00 Installation (on-site) $275 50 $13,750.00 PROJECT TOTAL $80,250.00 Project: City of Southfield — Document Management Solution Description of Item Unit Cost Quantity Total High Capacity Color Digital Scanner/Sender with 3 year warranty $4,600 7 $32,200.00 Ethernet Cabling & Installation $3,573 1 $3,573.00 PROJECT TOTAL $35,773.00 CITY OF SOUTHFIELD SUBTOTAL $116,023.00 Description of Item Unit Cost Quantity Total Project: County of Oakland - Prosecutor's Office Equipment Acquisition LCD Televisions for courtroom use $1,600 2 $3,200.00 (plus cart, cords) LCD Television for OCP0 training room $1,600 1 $1,600.00 (plus mounting device) LCD Television and DVDNCR player $1,300 1 $1,300.00 for Prosecutor's Office for viewing news coverage/developments of cases assigned to OCP0 "Elmo" Presenters $700 2 $1,400.00 Portable, mini-projector for off-site $1,100 1 $1,100.00 Training Wireless mouse presenters for use $225 5 $1,125.00 with PowerPoint presentations in court Color printers $600 2 $1,200.00 Laptop speakers $75 3 $225.00 Memory sticks $29 20 $580.00 Scanner $300 1 $300.00 Portable tape players $75 3 $225.00 DVD/VCR combo players $100 4 $400.00 Clip-on microphone/speaker $75 1 $75.00 Tape recording device for one-party $106.11 1 $106.11 consent phone calls PROJECT TOTAL $12,836.11 Project: County of Oakland — Circuit Court Equipment Acquisition Description of Item Unit Cost Quantity Total LCD Wall-Mounted Television Screens $2,100 3 $6,300.00 Digital Camera $336 1 $336.00 Ceiling Mounted Wireless Projectors $3,100 2 $6,200.00 PROJECT TOTAL $12,836.00 Project: County of Oakland — Community Corrections Security System and Equipment Acquisition Description of Item Unit Cost Quantity Total Indoor Dome Camera $310.75 3 $932.25 Outdoor Dome Camera $329.96 2 $659.92 Camera Power Supply $131.08 1 $131.08 250 GB DVR $5,678.25 1 $5,678.25 Labor $1,215.00 $1,215.00 Cabling $1,526.50 $1,526.50 Misc. Parts $258.00 $258.00 Monitor $500.00 $500.00 AlcoSensor 3 $322.50 6 $1,935.00 PROJECT TOTAL $12,836.00 Project: County of Oakland - Sheriff's Office Equipment Acquisition Description of Item Unit Cost Quantity Total Stun Cuffs $700.01 17 $11,900.17 Helmets-Mounted Unit $225.02 36 $8,100.72 PROJECT TOTAL $20,000.89 COUNTY OF OAKLAND SUBTOTAL $58,509.00 GRAND TOTAL $299,465.00 OAKLAND COUNTY FY 2007 JAG — Application 2007-F2953-MI-DJ Review Narrative — Attachment 3 Governing Body Review and Public Opportunity to Comment On May 8, 2007 — Notification was sent to eligible County Departments, the City of Pontiac and the City of Southfield of an internal meeting held May 22, 2007 to discuss internal allocations. On May 31, 2007 — The application was sent to the Oakland County internal executive review committee. Comments/approvals were returned by June 8, 2007. On June 1, 2007 — Electronic mail was sent as part of a "Grants Available" notification to all County Department heads and County Commissioners. On June 06, 2007 — the completed application was forwarded to the State Administrative Agency for regional planning agency review under Executive Order 12372. On June 14, 2007 — The Oakland County Board of Commissioners, as part of their regularly scheduled meeting, will conduct a public hearing for the purpose of soliciting comments and input from the public regarding use of the grant funds. A copy of the complete application will be made available to the full Board. . . OMB APPROVAL NUMBER 1121- 0140 EXPIRES 01/31/2006 STANDARD ASSURANCES NOTE: You must click on the "Accept" button at the bottom of the page 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 assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63. 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 7. If a governmental entity: a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. NOTE: You must click on the "Accept" button at the bottom of the page before closing this window U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE 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 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and Government- wide Requirements for Drug- Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Other Requirements for OJP Applications Successful applicants must agree to comply with additional requirements prior to receiving grant funding, including: Civil Rights Compliance Recipients of Office of Justice Programs (OJP) financial assistance are required to comply with several federal civil rights laws, including Title VI of the Civil Rights Act of 1964 (Title VI) and the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act), as amended. These laws prohibit discrimination on the basis of race, color, religion, national origin, and sex in the delivery of services. National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Grantees are encouraged to consider the need for language services for LEP persons served or encountered both in developing their proposals and budgets and in conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs. The U.S. Department of Justice has issued guidance for grantees to assist them in complying with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, by contacting OJP's Office for Civil Rights at 202-307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 7th Street NW., 8th Floor Washington, DC 20531 Confidentiality and Human Subjects Protection (if applicable) U.S. Department of Justice regulations (28 CFR Part 22) require recipients of OJP funding to submit a Privacy Certificate as a condition of approval of any grant application or contract proposal that contains a research or statistical component under which "information identifiable to a private person" will be collected, analyzed, used, or disclosed. The funding recipient's Privacy Certificate includes a description of its policies and procedures to be followed to protect the confidentiality of identifiable data. 28 CFR section 22.23. The Department's regulations provide, among other matters, that: "Research or statistical information identifiable to a private person may be used only for research or statistical purposes." 28 CFR section 22.21. Moreover, any private person from whom information identifiable to a private person is collected or obtained (either orally or by means of written questionnaire or other document) must be advised that the information will only be used or disclosed for research or statistical purposes and that compliance with the request for information is voluntary and may be terminated at any time. 28 CFR section 22.27. In addition, the Department of Justice has regulations with respect to the protection of human research subjects. See 28 CFR Part 46. In brief, 28 CFR Part 46 requires that research involving human subjects that is conducted or supported by a Federal department or agency be reviewed and approved by an Institutional Review Board (IRB), in accordance with the regulations, before Federal funds are expended for that research. As a rule, persons who participate in Federally-funded research must provide their "informed consent" and must be permitted to terminate their participation at any time. Funding recipients, before they will be allowed to spend OJP funds on any research activity involving human subjects, must submit appropriate documentation to OJP showing compliance with 28 CFR Part 46 requirements, as requested by OJP. General information re6rding hata Confidentiality and Protection of Human Research Subjects (and Model Privacy Certificates and other forms) can be found on the following web sites: www.oip.usdoj.gov/forms.htm; www.ojp.usdoj.govinij/funding/humansubjects/index.html; http://wvvw.ojp.usdoj.gov/bjs/pub/pdf/bjsmpc.pdf; and http://www.ojp.usdoj.gov/bjs/funding.htm. Anti-Lobbying Act The Anti-Lobbying Act (18 U.S.C. § 1913) recently was amended to expand significantly the restriction on use of appropriated funding for lobbying. This expansion also makes the anti-lobbying restrictions enforceable via large civil penalties, with civil fines between $10,000 and $100,000 per each individual occurrence of lobbying activity. These restrictions are in addition to the anti-lobbying and lobbying disclosure restrictions imposed by 31 U.S.C. § 1352. The Office of Management and Budget (OMB) is currently in the process of amending the OMB cost circulars and the common rule (codified at 28 C.F.R. Part 69 for U.S. Department of Justice grantees) to reflect these modifications. However, in the interest of full disclosure, no federally appropriated funding made available under this grant program may be used, either directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express approval by OJP. Any violation of this prohibition is subject to a minimum $10,000 fine for each occurrence. This prohibition applies to all activity, even if currently allowed within the parameters of the existing OMB circulars. Financial and Government Audit Requirements Federal grants are governed by the provisions of the OMB circulars applicable to financial assistance and OJP's Financial Guide, which is available from the OJP Web site (www.oip.usdoj.gov/oc). The Financial Guide includes information on allowable costs, methods of payment, audit requirements, accounting systems, and financial records. This document will govern how all successful applicants administer funds. Audits of state and local units of government, institutions of higher education, and other nonprofit institutions must comply with the organizational audit requirements of OMB circular A-133, which states that recipients who expend $500,000 or more of federal funds during their fiscal year are required to submit a single organization wide financial and compliance audit report to the Federal Audit Clearinghouse within 9 months after the close of each fiscal year during the term of the award. Grantees must comply with the following OJP reporting requirement: • Financial status reports (SF 269). Grantees must submit these financial reports quarterly by the 45th day following the end of each calendar quarter, and a final report is due 120 days following the end of the award period. Grantees may file SF-269 forms online through the Internet at https://grants.ojp.usdolgov. Grant recipients who do not submit SF-269 reports by the due date will be unable to drawdown funds. • Categorical Assistance Progress Reports (OJP Form 4587/1). Grantees should complete and submit these semiannual reports within 30 days after the end of the reporting periods, which are June 30 and December 31 for the life of the award. Grantees should submit progress reports online through the Grants Management System (GMS) using the "Application" module. Grantees may address questions to the GMS Help Desk at 1-888-549-9901. National Environmental Policy Act (if applicable) All OJP awards are subject to the National Environmental Policy Act (NEPA) and other related Federal laws, if applicable. 42 USC section 4321 et seq. The Department of Justice has established procedures to implement NEPA. See 28 CFR Part 61. The regulations state that "all federal agencies are required to give appropriate consideration to the environmental effects of their proposed actions in their decisionmaking and to prepare detailed environmental statements on. . . major federal actions significantly affecting the quality of the human 4 environment." 28 CFR section 61.2. Under the regulations, the Department of Justice, among other things, is required to "[c]onsider from the earliest possible point in the process all relevant environmental documents in evaluating proposals for Department action[.]" 28 CFR section 61.6. OJP has responsibility to ensure compliance with NEPA and 28 CFR Part 61, including Appendix D. For many projects that are funded by OJP, NEPA may have no applicability. However, if OJP funds will be used, for example, to pay for renovation projects or new construction, programs involving the use of chemicals, or any other activity, including research and technology development, that may have an effect on the environment, at a minimum, the funding recipient must provide a full description of proposed project activities to OJP, and an Environmental Assessment (EA) will need to be prepared. Prior to allowing a recipient to spend OJP funds for such a project, OJP must make a finding that the project does not significantly affect the human environment and that further environmental assessment is not necessary. DOJ Information Technology Standards (if applicable) As appropriate, all equipment and software developed under awards that result from this solicitation must be compliant with U.S. Department of Justice information technology interface standards, including the National Criminal Intelligence Sharing Plan, the Global Justice XML Data Model, and the Law Enforcement Information Sharing Plan (LEISP). A list of additional standards can be found at the OJP Standards Clearinghouse. Single Point of Contact Review Executive Order 12372 requires applicants from state and local units of government or other organizations providing services within a state to submit a copy of the application to the state Single Point of Contact (SPOC) if one exists and if the state has selected this program for review. A list of state SPOCs is available on the OMB Web site (www.whitehouse.gov/ omb/grants/spoc.html). Applicants must contact their state SPOCs to determine whether their programs have been selected for state review. The applicant should enter the date that the application was sent to the SPOC or the reason such submission is not required in Block 3 of the Overview section of the GMS application. Non-supplanting of State and Local Funds Grantees must use federal funds to supplement existing funds for program activities and may not replace (supplant) nonfederal funds that they have appropriated for the same purpose. Potential supplanting will be the subject of monitoring and an audit. Violations can result in a range of penalties, including suspension of current and future funds under this program, suspension or debarment from federal grants, recoupment of monies provided under this grant, and civil and/or criminal penalties. Criminal Penalty for False Statements False statements or claims made in connection with OJP grants may result in fines, imprisonment, and debarment from participating in federal grants or contracts, and/or other remedy available by law. Compliance with Office of Justice Programs Financial Guide The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. Suspension or Termination of Funding OJP may suspend funding in whole or in part, terminate funding, or impose other sanctions on a recipient for the following reasons: • Failing to comply substantially with the requirements or statutory objectives of the appropriate Act, program guidelines issued thereunder, or other provisions of federal law. • Failing to make satisfactory progress toward the goals, objectives, or strategies set forth in the application. • Failing to adhere to the requirements in the agreement, standard conditions, or special conditions. • , • Proposing or implementing substantial plan changes to the extent that, if originally subniitted, the application would not have been selected for funding. • Failing to submit reports. • Filing a false certification in this application or other report or document. Before imposing sanctions, OJP will provide reasonable notice to the recipient of its intent to impose sanctions and will attempt to resolve the problem informally. Hearing and appeal procedures will follow those in U.S. Department of Justice regulations in 28 CFR Part 18. Funding to Faith-Based and Community Organizations (if applicable) Consistent with President George W. Bush's Executive Order 13279, dated December 12, 2002, and 28 C.F.R. Part 38, it is OJP policy that faith-based and community organizations that statutorily qualify as eligible applicants under OJP programs are invited and encouraged to apply for assistance awards to fund eligible grant activities. Faith-based and community organizations will be considered for awards on the same basis as any other eligible applicants and, if they receive assistance awards, will be treated on an equal basis with all other grantees in the administration of such awards. No eligible applicant or grantee will be discriminated for or against on the basis of its religious character or affiliation, religious name, or the religious composition of its board of directors or persons working in the organization. Faith-based organizations receiving OJP assistance awards retain their independence and do not lose or have to modify their religious identity (e.g., removing religious symbols) to receive assistance awards. OJP grant funds, however, may not be used to fund any inherently religious activity, such as prayer or worship. Inherently religious activity is permissible, although it cannot occur during an activity funded with OJP grant funds; rather, such religious activity must be separate in time or place from the OJP funded program. Further, participation in such activity by individuals receiving services must be voluntary. Programs funded by OJP are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Non-profit organizations In all OJP funded programs for which nonprofit organizations are eligible subrecipients, with the exception of those funded under authority of the Juvenile Justice and Delinquency Prevention Act, it is Department of Justice policy that an organization can demonstrate its non-profit status in any one of four methods: 1. submission of proof of 501(c)(3) status form the Internal Revenue Service 2. submission of a statement form the State taxing authority or State Secretary of State, or other similar official certifying that the organization is a nonprofit operating within the State, and that no part of its net earnings may lawfully benefit any private shareholder or individual; 3. submission of a certified copy of the applicant's certificate of incorporation or similar document; or, 4. submission of any item above, if that item applies to a State or national parent organization, together with a statement by the State or parent organization that the applicant is a local nonprofit affiliate. All nonprofit subrecipients of formula funds provided under the Juvenile Justice and Delinquency Prevention Act must have 501(c)(3) status recognized by the Internal Revenue Service. Government Performance and Results Act (GPRA) The funding recipient agrees to collect data (on a quarterly, semi-annually, or annual basis, as requested) appropriate for facilitating reporting requirements established by Public Law 103-62 for the Government Performance and Results Act. The funding recipient will ensure that valid and auditable source documentation is available to support all data collected for each performance measure specified in the program solicitation. Rights in Intellectual Property The U.S. Department of Justice reserves certain rights with respect to data, patentable inventions, works subject to copyright, and other intellectual property associated with an award of Federal funds. See 28 C.F.R. § 70.36 and 37 C.F.R. Part 401. REPORT TO: THE CHAIRPERSON, OAKLAND COUNTY BOARD OF COMMISSIONERS BY: Fiscal Services Division IN RE: SHERIFF'S OFFICE/PROSECUTOR'S OFFICE/CIRCUIT COURT/COMMUNITY CORRECTIONS - FY 2007 BYRNE JUSTICE ASSISTANCE GRANT (JAG) INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION The Fiscal Services Division has reviewed the above referenced grant application and finds: 1) This is the 3rd year of grant application with the U.S. Department of Justice, Office of Justice Programs. The grant provides funding to purchase equipment and supplies for law enforcement purposes. 2) The grant period is June 1, 2007 through May 31, 2011. 3) The funding requested equals $299,465. Oakland County will receive $58,509 and the City of Pontiac will receive $124,933 and the City of Southfield $116,023. No local match is required. 4) The grant application requires the adoption of an intergovernmental agreement between the County and City of Pontiac and between the County and the City of Southfield. 5) Application and acceptance of this grant program does not obligate the county to any future commitment and continuation of the grant program is contingent upon continued future levels of grant program funding. Informational Copy: Public Services Committee Finance Committee FISCAL NOTE (MISC. 107153) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE/PROSECUTOR'S OFFICE/CIRCUIT COURT/COMMUNITY CORRECTIONS - FISCAL YEAR 2007 BYRNE JUSTICE ASSISTANCE GRANT (JAG) INTERGOVERNMENTAL AGREEMENT AND GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: t The grant application requires the adoption of an intergovernmental agreement between the local units of government applying for this grant. 2. The State statute (MCL) 45.556P) states that the Board of Commissioners has the authority to enter into agreements with other governmental or quasi-governmental entities. 3. An intergovernmental agreement will be between Oakland County and the City of Pontiac as part of the application requirements for the Byrne Justice Assistance Grant Program for the period June 1, 2007, through May 31, 2011. 4. This intergovernmental agreement will be between Oakland County and the City of Southfield as part of the application requirements for the Byrne Justice Assistance Grant Program for the period June 1, 2007, through May 31, 2011. 5. The grant application is for $299,465 of which Oakland County is expected to receive $58,509, the City of Pontiac is expected to receive $124,933 and the City of Southfield is expected to receive $116,023. No local match is required. 6. Total funding of $299,465 will be given to Oakland County to acquire equipment for the City of Pontiac Police Department, for the City of Southfield Police Department, the Oakland County Sheriff's Office, Prosecutor's Office, Circuit Court, and Community Corrections. All equipment purchased with the grant funds will then be delivered to the individual requesting party. T Title to the equipment, unless otherwise required by the conditions of the grant, will transfer to the requesting party upon delivery. FINANCE COMMITTEE Y APPROVE THE FOREG RESOLUTION Ruth Johnson, 76unty Clerk I • • Resolution #07153 June 14, 2007 Moved by Potter supported by Gregory the resolution (with fiscal note attached) be adopted. AYES: Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, 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 14, 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 14th day of June, 2007.