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HomeMy WebLinkAboutResolutions - 2022.02.03 - 352396 q0"AKLAND7F COUNTY MICHIGAN BOARD OF COMMISSIONERS Februar} 3, 2022 MISCELLANEOUS RESOLUTION d#22-29 Sponsored By: Penny Luebs IN BE: Circuit Court - Grant Acceptance with the Michigan State Police/Community Services Division for FY 2022 Coronavirus Emergency Supplemental Funding Chairperson and Members of the Board: WHEREAS the Circuit Court applied for and was awarded the FY 2022 Coronavirus Emergency Supplemental Funding (CESF) grant with the ilichigan State Police (ti1SP). Grants and Community Services Division (GCSD), from the U.S. Department of Justice. Office of Justice Programs, Bureau of Justice Assistance. with a grant period of January 1, 2022 through December 31. 2022: and WHEREAS the total program funding is S50.000; and WHEREAS the court intends to use these funds to purchase evidence presentation software to assist in juiv trials: and WHEREAS this evidence presentation software will provide a better way for case parties and court staff to present exhibits. share files with jurors, and sign documents: and R7IEREAS the grant award has completed the Grant Review Process in accordance with the Board of Conunissioners' Grant Acceptance Procedures. NONN' THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2022 Coronavints Emergency Supplemental Funding Grant in the amount of $50,000 from the Nlichigan State Police (NISP), for the period of January 1. 2023 through December 31. 2022. BE IT FURTHER RESOLVED that the Oakland County Board of Conunissioners is authorized to execute the contract agreement and that the Chairperson inav approve amendments and extensions up to fifteen (15Q o) percent variance from the award. consistent -with the original agreement approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of the positions in the grant is contingent upon continued future levels of grant funding. BE IT FURTHER RESOLS ED that the FY 2022 budget is amended as detailed in the attached Schedule A. Chairperson. the following Conunissioners are sponsoring the foregoing Resolution: Penny Luebs, Date: February 07, 2022 David Woodward. Commissioner Date: February 11, 2022 Hilerie Chambers. Deputy County Executive II Date: February 11, 2022 Lisa Brown, County Clerk 1 Register of Deeds COININUTTEE TRACKING 2022-01-25 Public Health & Safety - Recommend to Board 2022-02-03 Full Board VOTE TRACKING Motioned by Conunissioner Gary McGilli-�Tav seconded by Commissioner Philip Weipert to adopt the attached Grant Acceptance: with the Michigan State Policz'Conununity Services Division for FY 2022 Coronavirus Emergency Supplemental Funding. Ives: David Woodward, Michael Girigell, Michaet Spisz, Karen Joliat. Kristen Nelson. Eileen Kowall. Christine Long, Philip Weipert. Gwen _Markliam. Angela Poivell, Thomas Kutlm, Chuck Moss, Marcia Gershenson, William Miller III. Yolanda Smith Charles, Charles Cavell. Petmy Luebs, Janet Jackson. Gary McGillivray. Robert Hoffinan (20) No: None (0) Abstain: None (0) Absent: (0) The Motion Passed. ATTACHMENTS FY2022 CESF Grant Acceptance Packet STATE OF MICHIGANT) COUNTY OF OAKLAND) I. Lisa Brown. Clerk of the Count), of Oakland. do hereby certify that the foregoing resolution is a rice and accurate copy of a resolution adopted by the Oakland County Board of Cotmuissioners on February I.2022. with the original record thereof now remaining in my office. In Testunony N'Ilereof. I have hereunto set un hand and affixed the seal of the Circuit Court at Pontiac. Michigan on Thursday. February 3, 2022. I Lisa Brown, Ooklmnd Carnrtv Clerk/Register of Deeds GRANT REVIEW SIGN -OFF — Wh Circuit Court GRANT NAME: FY2022 Coronavirus Emergency Supplemental Funding (CESF) Grant FUNDING AGENCY: Michigan State Police (MSP) DEPARTMENT CONTACT PERSON: John Cooperrider 248-858-0256 STATUS: Grant Acceptance (Greater than $10,000) DATE: 01/10/2022 Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments The Board of Commissioners' liaison committee resolution and grant acceptance package (which should include this sign - off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved by M & B —Lynn Sonkiss (1/7/2022). The draft resolution is to be updated to reflect the budget amendment / Schedule A for the grant award. Human Resources: Approved by Human Resources. No position implications, so HR action is not needed. -Heather Mason (1/6/2022) Risk Management: Approved by Risk Management. — R.E. 1/6/2022 Corporation Counsel: I have reviewed the above reference grant documents, and I do not have any legal issues with those provided. Approved. - Bradley Bern (l/10/2022) Attachment 1 PROGRAM BUDGET CESF-2022-050 County of Oakland - 6th Circuit Court — $50,000.00 The proposed project covers a 12-month period from January 1, 2022 through December 31, 2022. Budget Suonlies and Materials Evidence Presentation Software ($50,000) Award Total: $50,000.00 Attachment 2022 CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) GRANT FINANCIAL STATUS REPORT (FSR) I. Applicant's Information" "'' 1. Agency Name 2 Grant Number 3. Address 4. City 15. State ll.financial Status'Report (Due 20'days After the end of each quarter) 7. Reporting Period ❑ January 1, 2022—March 31, 2022 0 April 1, 2022 — June 30, 2022 ❑ July 1, 2022—September 30, 2022 ❑ October 1, 2022—December 31. 2022 6. ZIP Code I Ill. Expenditure',Detail'(Must Attach Payment Documents "such °as'Imfo:Ice(s)and " Canceled-Check(s))' " 10 Total Expenditure I,11. Total- 8 Expense Category ',9. Eiipense tlescripbon - Expenditure - - Incurred for Perod' I" tnwrred to Date A. Overtime $ $ B. SupplieslMaterals $ $ C. Equipment $ $ D. Other $ $ E. Contractual $ $ 12, Total Amount Incurred this Period — 13. Total Cumulative Amount Incurred to Dale IV. Reimbursement Request 14. Amount Requested for Reimbursement $ This is my final report. ❑ Yes ❑ No V.- Certification ,�,'"� I certify all statements in this report, including all requested supplemental information, are true, complete, and accurate to the best of my knowledge. I understand failure to submit any required reports may result in the termination of the grant I understand this grant may be terminated if the Michigan State Police concludes I am not in compliance with the conditions and provisions required by the contract covering this grant or have falsified any information. By way of signature, I agree with all the conditions of this grant program. Agency's Authorized Official or Financial Oficer Signature Date I Printed Name of Authorized Official or Financial Officer Ti le ofAuthor¢ed Official or Financial Officer J - 7 ' _For MSP Use Only . )s'- Revi®vred [Approved 8y - . Date Date sentto finance for payment _ _ _ - I Date received confirmation of payment - - ') Attachment 3 STATE OF MICHIGAN DEPARTMENT OF STATE POLICE DATE. August 13, 2013 TO: Department Members FROM: Nancy Becker Bennett, Director, Grants and Community Services Division (GCSD) SUBJECT: Discrimination Complaint Procedures for Federal Grant -Funded Projects I. Purpose As a condition for receiving funding from the U.S. Department of Justice (DOJ), all recipients and subrecipients of such funding must comply with applicable federal civil rights laws. This document will establish written procedures for MSP employees and DOJ-funded grant subrecipients to follow if a complaint alleging discrimination is received from clients, customers, program participants, or consumers of a MSP subrecipient implementing funding from the DOJ. IL Policy Recipients and subrecipients of DOJ funding may not discriminate in employment on the basis of race, color, national origin, religion, sex, and disability. They also may not discriminate in the delivery of services or benefits on the basis of race, color, national origin, religion, sex, disability, and age. The MSP will notify subrecipients of their required compliance with the following statues and regulations through the interagency agreement: n 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. § 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); the Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-07), Ex. Order 13279 (equal organizations); and 28 C.F.R. Part 38 (U.S. Department of Justice Equal Treatment for Faith -Based Organizations). ■ 28 CFR 42.301 et seq, which requires recipients determine if it is required to formulate an Equal Employment Opportunity Plan (EEOP). If the recipient is not required to formulate an EEOP, it will submit a certification form to the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights (OCR), and the Office of Personnel Management (OPM) indicating that it is not required to develop an EEOP. If the recipient is required to develop an ESOP, but is not required to submit the EEOP to the OCR, it will submit a certification form to the OCR and the MSP certifying that it has an EEOP on file which meets the applicable requirements. If the recipient is awarded a grant of $500,000 or more and has fifty or more employees, it will submit a copy of its EEOP to the OCR and OPM. Non-profit organizations, Indian Tribes, and medical and educational institutions are exempt from the EEOP "A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY" Page i of4 Attachment 3 requirement, but are required to submit a certification form to the OCR to claim the exemption (a copy of the form should also be submitted to the OPM). ■ Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act of 1968m, which require subrecipients to provide meaningful access to programs and activities to Limited English Proficient (LEP) persons. a The Michigan Elliott -Larsen Civil Rights Act, MCL 37.2101 et. Seq, which prohibits discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, height, weight, familial status, or marital status in Michigan. ■ The Michigan Persons With Disabilities Civil Rights Act, Act 220 of 1976, which defines the civil rights of persons with disabilities; to prohibit discriminatory practices, policies, and customs in the exercise of those rights; to prescribe penalties and to provide remedies; and to provide for the promulgation of rules. These laws also prohibit agencies from retaliating against an individual for taking action or participating in action to secure rights protected by these laws. In the event that a Federal or State court, or Federal or State Administrative Agency, makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a Contractor, subcontractor or vendor, they will forward a copy of the finding will be forwarded to the Office for Civil Rights, Office of Justice Programs and the Department. The MSP will notify its own employees of their required compliance with the preceding civil rights statutes and regulations through an Official Order. Ill. Definitions Contract means any Government contract or subcontract or any federally assisted construction contract or subcontract Complainant is a party that makes a complaint or files a formal charge. Discrimination means treating an individual or a group of individuals adversely because of protected class status; or using a test, standard, or employment practice that has the effect if illegally excluding or screening in or out of a protected class. MSP Employee is an individual providing services for and paid by the State of Michigan/Michigan State Police, including independent contractors, union and non -union employees, managers and supervisors, enlisted members and civilians. Recipient is the entity which receives a monetary award from the DOJ. Subcontract means any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee): 1. For the purchase, sale or use of personal property or nonpersonal services which in whole or in part, is necessary to the performance of any one or more contracts; or 2. Under which any portion of the contractor's obligation under any one or more contracts is performed, undertaken or assumed. "A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY" Page 2of4 Attachment 3 Subcontractor is any person holding a subcontract, and, for the purposes of this definition, any person who has held a subcontract subject to the order, The term "first -tier subcontractor' refers to a subcontractor holding a subcontract with a prime contractor. Subrecipient is the entity that receives a monetary award from the DOJ recipient. Subrecipient Employee is an individual or subcontractor being paid using DOJ grant funds. IV. Complaint Procedures The following are MSP's procedures for accepting and responding to discrimination complaints from subrecipient employees, clients, customers, program participants, or consumers of a MSP subrecipient implementing funding from the DOJ: 1. All discrimination complaints associated with DOJ grants shall be submitted to the Grants and Community Services Division (GCSD) by mail, telephone or e-mail to: Michigan State Police Grants and Community Services Division 333 S. Grand Ave. Lansing, MI 48909 (517)373-2960 MSP-CJGrants@michigan.gov 2. The GCSD Director will send the complainant a letter within 10 days from the date it was received to acknowledge receipt of the complaint, notify the complainant that it has been submitted to the Michigan Department of Civil Rights, and inform the complainant that he or she may also file a complaint directly with the federal Office for Civil Rights (OCR) at: Office of Justice Programs Office for Civil Rights 810 7th Street NW Washington, DC 20531 (202) 307-0690 Fax:.(202) 616-9865 TTY: (202) 307-2027 3, Within 10 days of the receipt of the complaint, the GCSD Director will send an email to the DOJ subrecipient to notify the agency that a complaint against has been filed against it, 4. The GCSD Director will forward the complaint to the Inspector of the MSP Office of Human Resources (OHR) immediately upon receipt of the complaint The OHR Inspector or his or her designee will serve as the coordinator for all complaints regarding civil rights violations and will immediately forward the complaint to the Michigan Department of Civil Rights by emalino MDCRServiceCenterna michiaan.cov. If MDCR informs the MSP that it does not have jurisdiction to investigate the complaint, the OHR Inspector will forward the complaint to the OCR for investigation. The preceding complaint procedures are an attachment to the subrecipient contracts for all DOJ grants awarded by the MSP_ Subrecipients must notify all clients, customers, program participants, or consumers of the types of prohibited discrimination, as well as the complaint procedures, in writing. "A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY" Page 3 of 4 Attachment 3 Notification may include placing posters in an area that may be easily viewed by all and/or providing a paper copy to each of the listed types of individuals. Subrecipients must forward all discrimination complaints to the MSP as described in the complaint procedures. Subcontractors, clients, customers, program participants or consumers may also report complaints to the Office of Justice Programs/Office for Civil Rights or the Michigan Department of Civil Rights directly, but the MSP must be notified of the complaint by the subrecipient as soon as the complaint is known. The MSP will ensure that all subrecipients are in compliance with the identified statutes and regulations by reviewing subrecipient procedures during site visits and other subrecipient monitoring activities. 5. The MSP, in cooperation with MDCR and OCR, will review and complete complaint investigations within 120-days. Complainants will receive written notification of the completion of the investigation and any associated findings within 10-days of the completion of the investigation. If the complexity of the investigation precludes this 120 day timeline from being met, the MSP shall notify the complainant in writing when it becomes aware that the investigation will not meet the 120 day timeline. This correspondence shall include a new timeline with an estimated completion date. V. Training All DOJ-funded MSP employees and subrecipients will receive periodic training at least once every contract year regarding their responsibility to comply with applicable federal civil rights in their capacity as a recipient of federal funds. Additionally, training will include review of these complaint procedures, including the employee's responsibility to refer discrimination complaints from clients, customers, program participants, or consumers to the appropriate MSP contact. The GCSD will provide DOJ-grant subrecipients and DOJ-funded MSP employees with access to OCR training modules, found on OCR's website. httn://www.oin.usdoi.gov/about/ocr/assistance.htm. Subrecipients will be required to certify they have completed this training during the first quarter of each grant cycle as part of their grant award agreement with the MSP. These procedures and training requirements will also be disseminated to MSP employees via departmental memorandum and posted on the MSP intranet website. New employees will receive a copy of the procedures and access to the DHS training program during initial job training from any supervisor managing DOJ-funded employees. VI. Monitoring The GCSD has implemented a two-part process to ensure and monitor subrecipients' compliance with civil rights laws. Applicants must annually complete and submit to the GCSD the Civil Rights Compliance Questionnaire. Additionally, MSP grant advisors will complete the Civil Rights Compliance Questionnaire with applicants during on -site monitoring visits. VII. Policy Dissemination This policy shall be distributed to all MSP employees via a department -wide memorandum contingent upon final OCR approval. Additionally, the policy will be distributed via MSP's grant award agreement with DOJ-funded subrecipients as part of the standard grant award package. "A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY" Page 4 of Attachment FEDERAL CIVIL RIGHTS COMPLIANCE CHECKLIST 1. If the sub recipient is required to prepare an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R. §§ 42.301-308, does the sub recipient have an EEOP on file for review? ❑ Yes ❑ No If yes, on what date did the sub recipient prepare the EEOP? 2. Has the sub recipient submitted an EEOP Short Form to the Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), if required by 28 C.F.R. § § 42.301-308? If the sub recipient is not required to submit an EEOP Short Form to the OCR, has it submitted a certification form to the OCR claiming a partial or complete exemption from the EEOP requirements? ❑ Yes -submitted an EEOP Short Form ❑ Yes- submitted a certification ❑ No If the sub recipient prepared an EEOP Short Form, on what date did the sub recipient prepare it? 3. How does the sub recipient notify program participants and beneficiaries that it does not discriminate on the basis of race, color, national origin, religion, sex, disability, and age in the delivery of services (e.g. posters, inclusion in brochures or other program materials, etc.)? Attachment 4 4. How does the sub recipient notify employees that it does not discriminate on the basis of race, color, national origin, religion, sex, and disability in employment practices (e.g. posters, dissemination of relevant orders or policies, inclusion in recruitment materials, etc.)? Comments: 5. Does the sub recipient have written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the sub recipient with the [State Administering Agency] or the OCR? ❑ Yes ❑ No If yes, an explanation of these policies and procedures: 6. If the sub recipient has 50 or more employees and receives DOJ funding of $25,000 or more: has the sub recipient taken the following actions: a. Adopted grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28 C.F.R. Part 42, Subpart G, which prohibit discrimination on the basis of a disability in employment practices and the delivery of services. ❑ Yes ❑ No b. Designated a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 C.F.R. Part 42, Subpartl G. ❑ Yes ❑ No Attachment 4 c. Notified participants, beneficiaries, employees, applicants, and others that the sub recipient does not discriminate on the basis of disability. ❑ Yes ❑ No Comments: 7. If the sub recipient operates an education program or activity, has the sub recipient taken the following actions: a. Adopted grievance procedures that provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Title IX of the Education Amendments of 1972, found at 28 C.F.R. Part 54, which prohibit discrimination on the basis of sex. ❑ Yes ❑ No b. Designated a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 C.F.R. Part 54. ❑ Yes ❑ No c. Notified applicants for admission and employment, employees, students, parents, and others that the sub recipient does not discriminate on the basis of sex in its educational programs or activities. ❑ Yes ❑ No Comments_ Attachment 4 8. Has the sub recipient complied with the requirement to submit to the OCR any findings of discrimination against the sub recipient issued by a federal or state agency or federal or state administrative agency on the grounds of race, color, religion, national origin, or sex? ❑ Yes ❑ No Comments: 9. What steps has the sub recipient taken to provide meaningful access to its programs and activities to persons who have limited English proficiency (LEP)? Comments, including an indication of whether the sub recipient has developed a written policy on providing language access services to LEP persons: 10. Does the sub recipient conduct any training for its employees on the requirements under federal civil rights laws? ❑ Yes ❑ No Comments: 11. If the sub recipient conducts religious activities as part of its programs or services, does the sub recipient do the following? a. Provide services to everyone regardless of religion or religious belief. ❑ Yes ❑ No Attachment 4 b. Ensure that it does not use federal funds to conduct inherently religious activities, such as prayer, religious instruction, or proselytization, and that such activities are kept separate in time or place from federally -funded activities. ❑ Yes ❑ No c. Ensure that participation in religious activities is voluntary for beneficiaries of federally -funded programs. ❑ Yes ❑ No Comments: Attachment 5 EQUIPMENT INVENTORY REPORT AUTHORITY: 2CFR 200.313: COMPLIANCE Mandatory; records must be maintained by the subreciptent and be made available for monitoring or review purposes. 1. Grant Award Name 1 2. Grant Award Year 1 3. Subrecipient Name 7 4- Equipment Description I 5. Equipment ID 6. Equipment 7. Title Holder Number Source 8. Acquisition Date 1 9. Equipment Cost 1 10. Equipment Location 11. Equipment Use 12. Equipment 13. Disposition 14. Disposal Sale 15. Disposal 16. Federal Participation Condition Price Date 4. Equipment Description S. Equipment ID 6. Equipment 7. Tole Holder I Number Source 8. Acquisition Date 9. Equipment Cos t 10. Equipment Location 11. Equipment Use 12. Equipment 13. Disposidon 14. Disposal Sale 15. Disposal 16. Federal Participation Condition price Date 'Eabilonniatit ftm T-14i p � 1_'T ' '] 4. Equipment Description 9 . Equipment pment ID . E44;� S. Equipment 7. Title Holder Number Source 8- Acquisition Date 9. Equipment Cost 10. Equipment Location 11. Equipment Use 12. Equipment 13. Disposition 14. Disposal Sale 15. Disposal 16. Federal Participation Condition Price Date ;EablarmentheMW7 4. Equipment Description 5. Equipment ID 6. Equipment 7- Tate Holder Number Source 8. Acquisition Date 9. Equipment Cost 10. Equipment Location 11. Equipment Use 12. Equipment 13. Disposition 14. Disposal Sale IS. Disposal 16. Federal Participation Condition Price Date 2 'L t j , to 31 4. Equipment Description S. Equipment ID 6. Equipment 7. Title Holder I- Number Source 8. Acquisition Date 9. Equipment Cost 10. Equipment Location 11. Equipment Use 12. Equipment 13. Disposition 14. Disposal Sale 15. Disposal 16. Federal Participation Condition Price Date 11"Egli"RHTient'110m6 '.'I. 9j14 E Q j „j 1, rs�lr 4. Equipment Description S. Equipment ID r. Equipment 7. Tide Holder Number I Source B. Acquisition Date 9. Equipment Cost 110. Equipment Location 11. Equipment Use 12. 1 E prnerdt 13. Disposition 14. Disposal Sale 1 15. I Price Disposal Cond Attachment 5 1 16. Federal Participation III.$1�IIlat4rli'.BrIfI';GeRlfrCdtl0n n ;a P n 1 certify the information pmwded Is accurate and all equipment has been physically inspected within the last two years in accordance with state and federal regulations 17. Signature of Authorized Agent Date Equipment Inventory Report Instructions Pursuant to Title 2 Code of Federal Regulations Part 200,313, each item of equipment must be accounted for if acquired in whole or in part with federal funds awarded through the Michigan State Police, Grants and Community Services Division. This information must be maintained by the subrecipient and be available for monitoring and review purposes. Please Note: All equipment with a cost of $5,000 or more per unit is required to be physically inventoried at least once every two years by the subrecipient Note. See the DOJ Financial Guide. Section 3,7 Property Standards in Post Award Requirements for special conditions which apply to the ownership, use, and disposition of equipment acquired with Coronavirus Emergency Supplemental Funding Program funds. 1. Grant Award Name: Enter the grant award name as it appears on the grant agreement 2. Grant Award Year: Enter the grant award year as it appears on the grant agreement 3. Subrecipients Name: Enter the subrecipienfs name as it appears on the grant agreement 4. Equipment Description: Give a brief description of the equipment (abbreviate, if necessary). 5. Equipment ID Number. Enter the serial number or other identification (ID) number. Subrecipient can enter his or her own inventory control number in this section as well. The objective is to assign a number that can be clearly traced from this form to the equipment item. 6. Equipment Source: Enter the name of the vendor from whom the equipment was purchased. 7. Title holder. If the title is owned by the subrecipient, enter the subrecipienfs name. If other than the- subrecipient, list the owner of record. &. Acquisition Date: Provide the month, date, and year the equipment was acquired. 9. Equipment Cost: Enter the invoice unit price of the equipment including the cost of modifications, attachments, accessories, or auxiliary apparatus necessary to make the equipment usable for the purpose for which it was acquired. 10. Equipment Location: If same address as subrecipient, indicate "same as subrecipient." If other than the subrecipient, identify the site where the equipment is located. 11, Equipment Use: Indicate the use for which the equipment was purchased. Attachment 5 12. Equipment Condition: Indicate whether the equipment is in "new," "excellent," "good," "fair," or "poor" condition. 13. Disposition: Enter the disposition of the property (i.e., damaged, lost, stolen, misplaced, sold, on loan) at the time of the last physical inventory or when knowledge of such is available. 14. Disposal Sale Price: If equipment has been sold, please enter the sale price. 15. Disposal Date: Please provide the month, date, and year of the disposal of equipment. 16. Federal Participation: Enter the percentage of federal funds used to purchase the equipment. 17. Signature of Authorized Agent: This form must be signed and dated by an authored agent with first- hand knowledge of the facts presented. By signing this form, the authorized agent certifies: "the information provided is accurate and all equipment has been physically inspected within the last two years in accordance with federal program requirements, grant agreement, and applicable state and federal regulations." This information must be maintained by the subrecipient and be available for monitoring and review purposes. GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 1 of 16 AUTHORITY: 1935 PA 59; COMPLIANCE: Voluntary. 2022 CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) GRANT CONTRACT Grant Agreement hereinafter referred to as the "Agreement' between Michigan State Police hereinafter referred to as the "Department' and County of Oakland - 6th Circuit Court Recipient Federal ID: 38-6004876 hereinafter referred to as the "Contractor" for MSP Project Number: CESF-2022-080 Period of Agreement: This Agreement shall commence on 01/0112022 and continue through 12/31/2022. This Agreement is in full force and effect for the period specified. II. Funding Source and Agreement Amount: This Agreement is designated as a subrecipient relationship with the following stipulations: A. Including federal funds and required local match, the total amount of this Agreement is $50,000.00. B. The Department, under the terms of this Agreement, will provide federal pass -through funding not to exceed $50,000.00. C. The Catalog of Federal Domestic Assistance (CFDA) number is 16.034. D. The CFDA Title is Coronavirus Emergency Supplemental Funding (CESF). E. The federal agency name is U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. F. The federal grant award number is 2020-VD-BX-0434. G. The federal program title is FY 20 Coronavirus Emergency Supplemental Funding Program. III. Program Budget: The agreed upon Program Budget for this Agreement is referenced herein as Attachment 1, which is part of this Agreement through reference. Any change to the Program Budget, by either the Contractor or Department, requires a formal Amendment submitted to the Department. Budget deviation allowances are not permitted. IV. Amendments: Any change proposed by the Contractor which would affect the Department funding of any project, in whole or in part, must be submitted in writing to the Department for approval immediately upon determining the need for such change. Changes made to this Agreement are only valid if accepted by both the Contractor and the Department. FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 2 of 16 V. Contractor Responsibilities: The Contractor, in accordance with the general purposes and objectives of this Agreement, will: A. Publication Rights: 1. The Contractor shall give recognition to the Department in any and all publications, papers and presentations arising from the program (including from subcontractors) herein by placing the following disclaimer on any and all publications, papers and presentations: This project is supported by Michigan's FY 20 Coronavirus Emergency Supplemental Funding Program # 2020-VD-BX-0434, awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice (DOJ), and administered by the Michigan State Police (MSP). Points of view or opinions contained within this document do not necessarily represent the official position or policies of the DOJ or the MSP. 2. The Department shall, in return, give recognition to the Contractor when applicable. 3. Where activities supported by this Agreement produce books, films, or other such copyrightable materials issued by the Contractor, the Contractor may copyright such but shall acknowledge that the Department reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, and use such materials and to authorize others to reproduce and use such materials. This cannot include service recipient information or personal identification data. 4. Any copyrighted materials or modifications bearing acknowledgment of the Department's name must be approved by the Department prior to reproduction and use of such materials. B. Reporting Responsibilities: Failure to comply with any reporting responsibilities identified in this Agreement may result in withholding grant payment(s) or the cancellation of grant award. The Contractor's lack of compliance will also be taken into account when considering future grant applications to, and awards from, the Department. C. Uniform Crime Report (UCR): The Contractor, and all of its subcontractors, must comply with 1968 PA 319, as amended. This law requires county sheriffs departments, as well as city, village, and township police departments to submit monthly UCR data to the Department. D. Financial Reporting Requirements: Financial reporting requirements shall be followed as defined within this section. 1. Reimbursement Method/Mechanism: a. All Contractors must register as a vendor to receive State of Michigan payments as Electronic Funds Transfers (EFT)lDirect Deposits. Vendor registration information is available on the State of Michigan SIGMA Vendor Self Service (VSS) website located at httos://siama. michioan.00v/webar)o/PRD VSS2X1 /A[tSelfService. b. This Agreement is reimbursement only. The Contractor must document that expenditures have been paid by local sources before requesting reimbursement from the Department. C. Reimbursement from the Department is based upon the understanding that Department funds will be paid up to the total Department allocation as agreed upon in the approved Budget. Department funds are the first source after the application of fees and earmarked sources unless a specific local match condition exists. d. Should the Contractor discover an error in a previous reimbursement request, the Contractor shall immediately notify the Department and refund to the Department any funds not authorized FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 3 of 16 for use under this Agreement and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenses. 2. Financial Status Report (FSR) Submission: Once the Agreement has been signed and accepted, regardless of when this occurs, the Contractor is responsible for preparing and submitting an FSR for each quarter of the Agreement period. The various FSRs are outlined below: a. FSR: FSRs must be prepared and submitted to the Department no later than 20 days after the close of each reporting period. An example is found in Attachment 2, which is part of this agreement through reference. Each reporting period's reimbursement request may only contain expenses from that reporting period. Reimbursement requests that include more than one reporting period's expenditures may not be granted and will be returned to the Contractor for explanation and/or correction and re -submission. b. Obligation Report: An Obligation Report, based on annual guidelines, is a one-time FSR that may be required to be submitted by the specified due date. In this report, the Contractor will provide to the Department an estimate of total expenditures for the date -specific Agreement period. The information from this report will be used to record the Department's year-end accounts payables and receivables for this Agreement. C. Final FSR: A Final FSR is due 20 days following the end of the fiscal year or Agreement period specified. Final FSRs not received from the Contractor by the due date may result in the loss of funding requested on the Obligation Report and/or a potential reduction in the subsequent year's award, if/when applicable. 3. Unobligated Funds: Any unobligated balance of funds held by the Contractor at the end of the Agreement period will be returned to the Department or treated in accordance with instructions provided by the Department. 4. Program Income: The DOJ regulations allow Contractors to keep funds (program income) derived from grant activities, so long as these funds are used for the same purposes as the grant project. In the absence of such regulations, these funds would be required to be returned to the DOJ. Program income means the gross income earned by the Contractor during the Agreement period as a direct result of the grant project. All income generated as a direct result of a Department -funded project shall be deemed program income Program income may be used to further program objectives under this Agreement or may be refunded to the Department. Program income must be used for the purposes of, and under the conditions applicable to, the award specified in this Agreement. Program income may only be used for allowable program costs. Asset forfeiture and treatment/lab fees are the most prominent program income derived from grant activity. The DOJ regulations require that program income be held in the custody of a governmental entity, with reporting on those funds to the State Administrative Agency (the Department). When applicable, Program Income Reports (GCSD-2086) are to be filed quarterly with Contractor's FSR. Any program not earning program income must fill out and submit to the Department a Program Income Waiver Report (GCSD-208A) within 30 days of the acceptance of this Agreement. 5. Audits: FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 4 of 16 This section applies to Contractors designated as subrecipients. Contractors designated as vendors are exempt from the provisions of this section. a. Single Audit: Contractors that expend $750,000 or more in federal funds in a fiscal year after December 26, 2014, must submit a Single Audit prepared consistent with the Single Audit Act Amendments of 1996, and Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations," as revised or 2 C.F.R. 200.501. Contractors must also submit a Corrective Action Plan for any audit findings that impact Department -funded programs and a management letter (if issued) with a response. b. Financial Statement Audit: Contractors exempt from the Single Audit requirements that receive $500,000 or more in total funding from the Department in state and federal grant funding must submit to the Department a Financial Statement Audit prepared in accordance with generally accepted auditing standards (GARS). Contractors exempt from the Single Audit requirements that receive less than $500,000 of total Department grant funding must submit to the Department a Financial Statement Audit prepared in accordance with GAAS if the audit includes disclosures that may negatively impact Department -funded programs including, but not limited to fraud, financial statement misstatements, and violations of contract and grant provisions. C. Due Date and Submission Information: The required audit and any other required submissions (e.g., Corrective Action Plan and management letter with a response), must be submitted to the Department within nine months after the end of the Contractor's fiscal year to: Michigan Department of State Police Grants and Community Services Division Attn: Grants Coordination Unit P.O. Box 30634 Lansing, Michigan 48909-0634 d. Penalty: Delinquent Single Audit or Financial Statement Audit: If the Contractor does not submit the required Single Audit reporting package, management letter (if issued) with a response, and Corrective Action Plan; or the Financial Statement Audit and management letter (if issued) with a response within nine months after the end of the Contractor's fiscal year and an extension has not been approved by the cognizant or oversight agency for audit, the Department may withhold from the current funding an amount equal to five percent of the audit year's grant funding (not to exceed $200,000) until the required filing is received by the Department. The Department may retain the amount withheld if the Contractor is more than 120 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit. The Department may terminate the current grant if the Contractor is more than 180 days delinquent in meeting the filing requirements and an extension has not been approved by the cognizant or oversight agency for audit Delinquent Audit Status Notification Letter: Failure to submit the Audit Status Notification Letter, when required, may result in withholding from the current funding an amount equal to one percent of the audit year's grant funding until the Audit Status Notification Letter is received. e. Other Audits: The Department or federal agencies may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 5 of 16 E. Equipment Purchases and Title: Any Contractor equipment purchases supported in whole or in part through this Agreement must be listed in an Equipment Inventory Schedule (attachment 5). Equipment means tangible, non -expendable, personal property having useful life of more than one year and an acquisition cost of $5,000 or more per unit. Title to items having a unit acquisition cost of less than $5,000 shall vest with the Contractor upon acquisition. The Department reserves the right to retain or transfer the title to all items of equipment having a unit acquisition cost of $5,000 or more, to the extent that the Department's proportionate interest in such equipment supports such retention or transfer of title. All purchases supported in whole or in part through this Agreement must use procurement procedures that conform to the Contractor's local requirements. Record Maintenance/Retention: Maintain adequate program and fiscal records and files, including source documentation to support program activities and all expenditures made under the terms of this Agreement, as required. Assure that all terms of this Agreement will be appropriately adhered to and that records and detailed documentation for the project or program identified in this Agreement will be maintained (may be off site) for a period of not less than four years from the date of grant closure, the date of submission of the Final FSR, or until litigation and audit findings have been resolved. All retention record guidelines set by the local jurisdiction (Contractor) must be adhered to if they require additional years beyond retention guidelines stated herein. G. Authorized Access: Permit upon reasonable notification and at reasonable times, access by authorized representatives of the Department, Program Evaluators (contracted by the Department), Federal Grantor Agency, Comptroller General of the United States and State Auditor General, or any of their duly authorized representatives, tc records, files, and documentation related to this Agreement, to the extent authorized by applicable state or federal law, rule, or regulation. The Department may conduct on -site monitoring visit(s) and/or grant audit(s) any time during the grant period. All grant records and personnel must be made available during any visit, including subcontractors, if requested. The Department may request that a funded program be evaluated by an outside evaluation team contracted by the Department. Contractors shall work cooperatively with the evaluation team in such a manner that the program be able to be fully reviewed and assessed. H. SubcontractorNendor Monitoring: The Contractor must ensure that each of its subcontractors comply with the Single Audit Act of 1984, as amended, 31 U.S.C. 7501 et seq. requirements and must issue management decisions on audit findings of their subcontractors as required by OMB Circular A-133. The Contractor is responsible for reviewing all single audit adverse findings and ensuring that corrective actions are implemented. The Contractor will ensure subcontractors forward all single audits covering grant funds administered through the Department to the Contractor. The Contractor must ensure that subcontractors are expending grant funds appropriately as approved and as specified through this Agreement and must conduct monitoring activities to ensure compliance with all associated laws, regulations, and provisions as well as ensure that performance goals are achieved. The Contractor must ensure compliance for for -profit subcontractors as required by OMB Circular A-133, Section 210(e). The Contractor must ensure that transactions with vendors comply with laws, regulations, and provisions of contracts or grant agreements in compliance with OMB Circular A- 133, Section 210(f). 1. Subcontracts: Assure for any subcontracted service, activity, or product: FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 6 of 16 a. That the Contractor will submit copies of all executed subcontracts within 60 days of the execution of this Agreement. Subcontracts should cover all personnel contained in the "contractual" line item within the grant budget. Each listed agency shall have its own subcontract signed by the Contractor and an employee of the subcontracted agency that is authorized to enter into legally binding contracts for the entity receiving funds. The failure to submit these documents to the Department within 60 days may result in withholding future payment or other penalties, as determined by the Department. b. That a written subcontract is executed by all affected parties prior to the initiation of any new subcontract activity. Exceptions to this policy may be granted by the Department upon written request within 30 days of execution of this Agreement. c. That any executed subcontract to this Agreement shall require the subcontractor to comply with all applicable terms and conditions of this Agreement, including all Certifications and Assurances referenced in this Agreement. d. That, in the event of a conflict between this Agreement and the provisions of the subcontract, the provisions of this Agreement shall prevail. A conflict between this Agreement and a subcontract, however, shall not be deemed to exist where the subcontract i. Contains additional non -conflicting provisions not set forth in this Agreement; ii. Restates provisions of this Agreement to afford the Contractor the same or substantially the same rights and privileges as the Department; or, iii. Requires the subcontractor to perform duties and/or services in less time than that afforded the Contractor in this Agreement. e. That the subcontract does not affect the Contractor's accountability to the Department for the subcontracted activity. f. That any billing or request for reimbursement for subcontract costs is supported by a valid subcontract and adequate source documentation on costs and services. All subcontractors must submit requests for reimbursement to the Contractor in a timely manner such that the Contractor can include these requests on the proper reporting period FSR. Subcontractors must be paid within 30 days of receipt of invoice by the subcontractor. Notification of Modifications: The Contractor must provide timely notification to the Department, in writing, of any action by its governing board or any other funding source that would require or result in significant modification in the provision of services, funding, or compliance with operational procedures. Software Compliance: The Contractor must ensure software compliance and compatibility with the Department's data systems for services provided under this Agreement including, but not limited to: stored data, databases and interfaces for the production of work products, and reports. All required data under this Agreement shall be provided in an accurate and timely manner without interruption, failure, or errors due to the inaccuracy of the Contractor's business operations for processing date/time data. K. Notification of Criminal or Administrative Investigations/Charges: If any employee of the Contractor associated with this grant project becomes aware of a criminal or administrative investigation or charge that directly or indirectly involves grant funds referenced in this Agreement, the Contractor shall immediately notify the Department's contract manager in writing that such an investigation is ongoing or that a charge has been issued. VI. Department Responsibilities: The Department, in accordance with the general purposes, objectives, and terms and conditions of this Agreement, will provide reimbursement based upon appropriate reports, records, and documentation maintained by the FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 7 of 16 Contractor. VII. Department Contract Manager/Administrator of the Agreement: The individual acting on behalf of the Department in administering this Agreement as the Contract Manager is: Ms. Nancy Becker Bennett, Division Director Telephone: (517) 898-9496 Michigan State Police Email: beckern@michigan.gov Grants and Community Services Division P.O. Box 30634 Lansing, MI 48909-0634 Vill. Agreement Suspension/Termination: The Department and/or the Contractor may suspend and/or terminate this Agreement without further liability or penalty to the Department for any of the following reasons: A. This Agreement may be suspended by the Department if any of the terms of this Agreement are not adhered to. Suspension requires immediate action by the Contractor to comply with the terms of this Agreement; otherwise, termination by the Department may occur. B. Failure of the Contractor to make satisfactory progress toward the project completion. C. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. D. Filing false certification in this Agreement or other report or document. E. This Agreement may be terminated by either party by giving 15 days written notice to the other party. Such written notice will provide valid, legal reasons for termination along with the effective date. F. This Agreement may be terminated immediately if the Contractor, an official of the Contractor, or an owner is convicted of any activity referenced in Section VI, M, of this Agreement during the term of this Agreement or any extension thereof. IX. Final Reporting Upon Termination: Should this Agreement be terminated by either party, within 30 days after the termination, the Contractor shall provide the Department with all financial, performance, and other reports required as a condition of this Agreement. The Department will make payments to the Contractor for allowable reimbursable costs not covered by previous payments or other state or federal programs. The Contractor shall immediately refund to the Department any funds not authorized for use and any payments or funds advanced to the Contractor in excess of allowable reimbursable expenditures. X. Severability: If any provision of this Agreement or any provision of any document attached to or incorporated by reference is waived or held to be invalid, such waiver or invalidity shall not affect other provisions of this Agreement. XI. Liability: A. To the extent allowed by law, all liability to third parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities, such as direct service delivery, to be carried out by the Contractor in the performance of this Agreement shall be the responsibility of the Contractor, and not the responsibility of the Department, if the liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of the Contractor, any subcontractor, or anyone directly or indirectly employed by the Contractor, provided that nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Contractor or its employees by statute or court decisions. FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 6 of 16 B. All liability to third parties, loss or damage as a result of claims, demands, costs, or judgments arising out of activities, such as the provision of policy and procedural direction, to be carried out by the Department in the performance of this Agreement shall be the responsibility of the Department, and not the responsibility of the Contractor, if the liability, loss, or damage is caused by, or arises out of, the action or failure to act on the part of any Department employee or agent, provided that nothing herein shall be construed as a waiver of any governmental immunity by the state of Michigan, its agencies (the Department), or employees as provided by statute or court decisions. C. In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the Contractor and the Department in fulfillment of their responsibilities under this Agreement, such liability, loss, or damage shall be borne by the Contractor and the Department in relation to each party's responsibilities under these joint activities, provided that nothing herein shall be construed as a waiver of any governmental immunity by the Contractor, the state of Michigan, its agencies (the Department), or their employees, respectively, as provided by statute or court decisions. XIL Special Conditions: A. This Agreement is valid upon approval and execution by the Department. B. This Agreement is conditionally approved subject to and contingent upon the availability of funds. C. The Department will not assume any responsibility or liability for costs incurred by the Contractor prior to the start of the Period of Agreement (January 1, 2022). D. All special conditions placed on the Department by the Department of Justice federal grant award document for grant 2020-VD-BX-0434 are agreed to by the Contractor. A copy of award 2020-VD-BX-0434 is included as an attachment for reference. E. The Contractor agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. XIII. Certifications and Assurances: These Certifications and Assurances are applicable to the Contractor and all subcontractors of the Contractor. It is the Contractor's responsibility to ensure that subcontractors are adhering to the Certifications and Assurances. Failure to do so may result in termination of grant funding or other remedies. A. Certifications: Contractors should refer to the regulations cited below to determine the certification to which they are required to attest. Acceptance of this Agreement provides for compliance with certification requirements under 28 C.F.R. Part 69, "New Restrictions on Lobbying," 28 C.F.R. Part 67, "Government -wide Debarment and Suspension (Non -procurement)," and 28 C.F.R. Part 83, "Government -wide Requirements for Drug -Free Workplace (Grants)" B. Lobbying: As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 C.F.R. Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 C.F.R. Part 69, the Contractor certifies that: 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 FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 9 of 16 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, 2. 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 Contractor shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; and, 3. The Contractor 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. C. Debarment, Suspension, and Other Responsibility Matters (Direct Recipient): Pursuant to Executive Order 12549 (Debarment and Suspension), and implemented at 2 C.F.R. Part 2867, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 2867, Section 2867.20(a): 1. The Contractor certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Have not within a two-year period preceding this application been convicted of a felony criminal violation under any federal law, unless such felony criminal conviction has been disclosed in writing to the Office of Justice Programs (OJP) at oipcompliancereportin0aa usdoi.00v, and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Department and U.S. Government in this case. d. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and, e. Have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default. D. Federal Taxes: If the applicant is a corporation, the applicant certifies that either (1) the corporation has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to OJP at oiocomnliancereoortinaO-usdoi.00v, and after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Department and U.S. Government in this case. FY2o22 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 10 of 16 E. Drug -Free Workplace: 1. As required by the Drug -Free Workplace Act of 1988, and implemented at 28 C.F.R. Part 83, Subpart F, as defined at 28 C.F.R. Sections 83.620 and 83.650 the Contractor certifies that it will 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 Contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an ongoing drug -free awareness program to inform employees about: i. The dangers of drug abuse in the workplace; ii. The Contractor's policy of maintaining a drug -free workplace, iii. Any available drug counseling, rehabilitation, and employee assistance programs; and, iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a) of this section. d. Notifying the employee in the statement required by paragraph (a) of this section that, as a condition of employment under the grant, the employee will: i. Abide by the terms of the statement; and, ii. 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 ten calendar days after receiving notice under subparagraph (d) (ii) of this section 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. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(ii) of this section, with respect to any employee who is so convicted: i. 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, ii. 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 subparagraphs (a), (b), (c), (d), (e), and (f) above. Standard Assurances: The Contractor 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; Executive Order 12372 (Intergovernmental Review of Federal Programs); and, 28 C.F.R. Parts 66 or 70 FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 11 of 16 (administrative requirements for grants and cooperative agreements). The Contractor also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial Capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. Parts 18, 22, 23, 30, 35, 38, 42, 61 and 63, and the award term in 2 C.F.R. § 175.15(b). 4. 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, Executive Order 11593 (Protection and Enhancement of the Cultural Environment), 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. 5. It will comply with Executive Order 13279 (Equal Protection of the Laws for Faith -Based and Community Organizations), Executive Order 13559 (Fundamental Principles and Policymaking Criteria for Partnerships With Faith -based and Other Neighborhood Organizations), and the DOJ regulations on the Equal Treatment for Faith -Based Organizations, 28 C.F.R. Part 38, which prohibits recipients from using DOJ financial assistance on inherently or explicitly religious activities and from discriminating in the delivery of services on the basis of religion. Programs and activities must be carefully structured to ensure that DOJ financial assistance is not being used for literature, classes, meetings, counseling sessions, or other activities that support twelve -step programs, which are considered to be religious in nature. The twelve -step programs must take place at a separate time or location from the activities supported with DOJ financial assistance and the participation of beneficiaries in twelve -step programs is strictly voluntary. It must make clear to any and all vendors and program participants that twelve -step programming is separate and distinct from DOJ-funded activities. It must also ensure that participants are not compelled to participate in twelve -step programs and cannot penalize a participant who chooses not to participate in a twelve -step program. It must ensure that employees fully funded by the DOJ are not involved with twelve -step programs whereby they are instructing or indoctrinating clients on the twelve steps. Employees of the Contractor or subcontractor shall clearly document the number of hours spent on secular activities associated with the DOJ-funded program and ensure that time spent on twelve -step programs is completely separate from time spent on permissible secular activities. In addition, at least one secular program must be provided as an alternative to twelve -step programming. 6. It will provide meaningful access to grant -funded programs and activities to Limited English Proficient (LEP) persons in accordance with Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.0 § 3789d. For a detailed discussion of the requirement to provide meaningful access to LEP persons, refer to the guidance issued by the DOJ on this matter entitled, "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons," 67 FR 4155-01 (June 18, 2002). It will comply and require any and all subcontractors to comply with any applicable statutorily -imposed nondiscrimination requirements, including the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d; the Victims of Crime Act of 1984, 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 etseq.; the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart C; the DOJ implementing FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 12 of 16 regulations at 28 C.F.R. Part 42, Subpart D; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart G; Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); the DOJ implementing regulations at 28 C.F.R. Part 35; the Rehabilitation Act of 1973, 29 U.S.C. § 794; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131-34; Title IX of 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; The DOJ regulations on the Equal Treatment for Faith -Based Organizations, 28 C.F.R. Part 38; The Michigan Elliott -Larsen Civil Rights Act, MCL 37.2101 et seq.; and the Michigan Persons With Disabilities Civil Rights Act, MCL 37.1101 et seq. a. Notification: It may not discriminate in employment on the basis of race, color, national origin, religion, sex, and disability and may not discriminate in the delivery of services or benefits on the basis of race, color, national origin, religion, sex, disability, and age. These laws also prohibit retaliation against an individual for taking action or participating in action to secure rights protected by these laws. It shall notify all clients, customers, program participants, or consumers of the types of prohibited discrimination, as well as the complaint procedures, in writing. Notification may include placing posters in an area that may be easily viewed by all and/or providing a paper copy to each of the listed types of individuals. It shall forward all discrimination complaints to the Department as described in the complaint procedures in Attachment 3. Subcontractors, clients, customers, program participants, or consumers may also report complaints to the Office of Justice Programs (OJP)/Office for Civil Rights (OCR) or the Michigan Department of Civil Rights (MDCR) directly, as outlined in Attachment 3, but the Contractor shall notify the Department of the complaint as soon as the complaint is known. In the event that a Federal or State court, or Federal or State Administrative Agency, makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against the Contractor or subcontractor, the Contractor shall forward a copy of the finding to the OJP/OCR and the Department. b. Training: Any and all DOJ-funded employees of the Contractor and subcontractors shall receive periodic training at least once every contract year regarding the responsibility of the entities to comply with applicable federal civil rights laws as a recipient of federal funds. The Department shall provide the Contractor with access to training developed by the OJP/OCR, which may be found at httos://www.aiD,aov/about/ocr/ocr-trainina-videos/video-ocr-trainino.htm. The DOJ-funded employees of the Contractor shall complete the required training within 90 days of the start date of this Agreement and certify that the required training has been completed by signing the OCR Compliance Training Form. New employees shall complete the required training and provide a signed OCR Compliance Training Form to the Department within 90 days of the date of hire. c. Monitoring: The Department shall ensure that the Contractor is complying with all applicable civil rights laws and procedures by completing the Federal Civil Rights Compliance Checklist, see Attachment 4, with the Contractor during site monitoring visits and desk audits. For the purposes of the Coronavirus Emergency Supplemental Funding Program, the development and implementation of an Equal Employment Opportunity Plan (EEOP) is not an applicable requirement. 8. If the Contractor is a governmental entity: a. It will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, 42 U.S.C. § 4601 et seq., which governs the treatment of persons displaced as a result of federal and federally -assisted programs; and, FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 13 of 16 b. It will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-26, 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. G. Non -Supplanting: It is imperative that the Contractor understand that the non -supplanting requirement mandates that grant funds may be used only to supplement (increase) a Contractor's budget, and may not supplant (replace) state, local, or tribal funds that a Contractor, inclusive of any subcontractors, otherwise would have spent on positions and/or any other items approved in the Grant Budget if it had not received a grant award. This means that if your agency plans to: Hire new positions (including filling existing vacancies that are no longer funded in your agency's budget), it must hire these additional positions on or after the official grant award start date, above its current budgeted (funded) level of positions. 2. Rehire personnel who have already been laid off (at the time of application) as a result of state, local, or tribal budget cuts, it must rehire the personnel on or after the official grant award start date, and maintain documentation showing the date(s) that the positions were laid off and rehired. 3. Maintain personnel who are (at the time of application) currently scheduled to be laid off on a future date as a result of state, local, or tribal budget cuts, it must continue to fund the personnel with its own funds from the grant award start date until the date of the scheduled lay-off and maintain documentation showing the date(s) and reason(s) for the lay-off. For example, if the grant award start date is July 1 and the lay-off is scheduled for October 1, then the grant funds may not be used to fund the officers until October 1, the date of the scheduled layoff. Please note that as long as your agency can document the date that the lay-off(s) would occur if the grant funds were not available, it may transfer the personnel to the grant funding on or immediately after the date of the lay-off without formally completing the administrative steps associated with a lay-off for each individual personnel. 4. Documentation that may be used to prove that scheduled lay-offs are occurring for local economic reasons that are unrelated to the availability of grant funds may include (but are not limited to) council or departmental meeting minutes, memoranda, notices, or orders discussing the lay-offs; notices provided to the individual personnel regarding the date(s) of the layoffs; and/or budget documents ordering departmental and/or jurisdiction -wide budget cuts. These records must be maintained with your agency's grant records. H. Hatch Political Activity Act and Intergovernmental Personnel Act: The Contractor will comply with the Hatch Act of 1939, 5 U.S.C. 1501-08, and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the Civil Service Reform Act of 1978, 42 U.S.C. 4728. Federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally -assisted programs. Health Insurance Portability and Accountability Act of 1996: To the extent that the Health Insurance Portability and Accountability Act (HIPAA) of 1996 is pertinent to the services that the Contractor provides to the Department under this Agreement, the Contractor assures that it is in compliance with the HIPAA requirements including the following: 1. The Contractor must not share any protected health data and information provided by the Department that falls within the HIPAA requirements except to a subcontractor, as appropriate under this Agreement. FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 14 of 16 2. The Contractor must require the subcontractor not to share any protected health data and information from the Department that falls under the HIPAA requirements in the terms and conditions of the subcontract. 3. The Contractor must only use the protected health data and information for the purposes of this Agreement. 4. The Contractor must have written policies and procedures addressing the use of protected health data and information that falls under the HIPAA requirements. The policies and procedures must meet all applicable federal and state requirements including the HIPAA regulations. These policies and procedures must include restricting access to the protected health data and information by the Contractor's employees. 5. The Contractor must have a policy and procedure to report to the Department unauthorized use or disclosure of protected health data and information that falls under the HIPAA requirements of which the Contractor becomes aware. 6. Failure to comply with any of these contractual requirements may result in the termination of this Agreement in accordance with Section XI, Agreement SuspensioNTermination, above. 7. In accordance with the HIPAA requirements, the Contractor is liable for any claim, loss, or damage relating to unauthorized use or disclosure of protected health data and information received by the Contractor from the Department or any other source. XIV. Unallowable Expenses and Activities: • Costs in applying for this grant (e.g., consultants, grant writers). • Any expenses incurred prior to January 1, 2022 or after December 31, 2022. • Any expenses fully covered by other sources (federal, state, local, or private). • Any administrative costs not directly related to the administration of this Agreement. • Indirect cost rates or indirect administrative expenses (only direct costs permitted). • Personnel, including law enforcement officers, not connected to the project to which this Agreement refers. • Hazard pay. • Lobbying or advocacy for particular legislative or administrative reform. • Fundraising and any salaries or expenses associated with it. • Legal fees. • All travel including first class or out-of-state travel, unless prior approval by the Department is received. • Promotional items, unless prior approval by the Department is received. • One-time events, prizes, or entertainment (e.g., tours, excursions, amusement parks, sporting events), unless prior approval by the Department is received. • Honorariums. • Contributions and donations. • Management or administrative training or conferences, unless prior approval by the Department is received. • Management studies or research and development (costs related to evaluation are permitted). • Fines and penalties. • Losses from uncollectible bad debts. • Purchases of land. • Memberships and agency dues, unless a specific requirement of the project, unless prior approval by the Department is received. • Compensation to federal employees. • Military -type equipment such as armored vehicles, explosive devices, and other items typically associated with the military arsenal. FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Community Services Division Page 15 of 16 • Purchasing of vehicles, vessels, or aircraft, including unmanned aerial systems, commonly referred to as UAS or drones. • Service contracts and training beyond the expiration of this Agreement. • Informant fees, rewards, or buy money. • Expert witness fees. • Canines and horses, including any food and/or supplies relating to the upkeep of such animals. • Livescan devices for applicant prints including any related supplies. • Weapons, including tasers and any supplies for weapons. • Food, refreshments, and snacks. Note: No funding can be used to purchase food and/or beverages for any meeting, conference, training, or other event. Exceptions to this restriction may be made only in cases where such sustenance is not otherwise available (e.g., extremely remote areas), or where a special presentation at a conference requires a plenary address where there is no other time for sustenance to be attained. Such an exception would require prior approval from the Department and the DOJ. This restriction does not apply to water provided at no cost, but does apply to any and all other refreshments, regardless of the size or nature of the meeting. Additionally, this restriction does not impact direct payment of per diem amounts to individuals in a travel status under your organization's travel policy. XV. Conditions on Expenses: Costs must be reasonable and necessary. If required by the local jurisdiction, costs must be sustained by competitive bids. All contracts and subcontracts require prior approval by the Department. If detailed information is not included as part of the application process, the Contractor must submit a request seeking approval once the subcontractors are identified. Individual consultant fees are limited to $650 (excluding travel, lodging, and meal costs) per day, which includes legal, medical, psychological, and accountant consultants. If the rate will exceed $650 for an eight -hour day, prior written approval is required from the Department. Compensation for individual consultant services is to be responsible and consistent with that paid for similar services in the marketplace. XVI. Conflict of Interest: The Contractor and the Department are subject to the provisions of 1968 PA 317, as amended, MCL 15.321 et seq., and 1973 PA 196, as amended, MCL 15.341 et seq. XVII. State of Michigan Agreement: This is a state of Michigan agreement and is governed by the laws of Michigan. Any dispute arising as a result of this Agreement shall be resolved in the state of Michigan. XVIII. Compliance with Applicable Laws: The Contractor will comply with applicable federal and state laws, guidelines, rules, and regulations in carrying out the terms of this Agreement. The Contractor will also comply with all applicable general administrative requirements such as OMB Circulars covering cost principles, grant/agreement principles, and audits in carrying out the terms of this Agreement. XIX. Special Certification: The individual electronically accepting this Agreement certifies by his/her acceptance that he/she is authorized to sign this Agreement on behalf of the Contractor. XX. Contractor Signature: The Authorized Official's signature below represents the Contractor's legal acceptance of the terms of this Agreement, including Certifications and Assurances. FY2022 GRANTS-CESF MICHIGAN STATE POLICE Grants and Commundy Services Division Page 16 of 16 Name of Contractor's Authorized Official Signature of Contractor's Authorized Official Name of Department's Authorized Official Signature of Department's Authorized Official Ms. Nancy Becker Bennett FY2022 Date Date GRETCHEN WHITMER GOVERNOR December 17, 2021 0'_ U-9goo, STATE OF MICHIGAN DEPARTMENT OF STATE POLICE LANSING County of Oakland - 6th Circuit Court 1200 North Telegraph Road Pontiac, Michigan 48431 RE: Coronavirus Emergency Supplemental Funding — Round 2 Courts COL. JOSEPH M. GASPER DIRECTOR I am pleased to inform you that the County of Oakland - 6th Circuit Court has been selected to receive an award from the Coronavirus Emergency Supplemental Funding (CESF) grant received by the Michigan State Police (MSP), Grants and Community Services Division, from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. The efforts made by your agency to maintain public safety through prevention, preparation, and response during the coronavirus pandemic are valued and appreciated. The award for your project, pending the finalization of the Grant Agreement (contract), is $50,000. This funding is specifically for coronavirus-related expenses, as outlined in your application and contract. Requests for CESF— Round 2 exceeded $10.8 million, which made for very difficult decisions in the review process. Because of the high volume of requests, speck expenses were prioritized and chosen for funding; all other expenses were denied. Expenses related to reducing the current case backlog and preventing future case backlog received the highest priority. It is crucial that you read through the entire contract to be sure you and your financial officer are aware of and able to abide by the grant requirements. Contract requirements will be enforced. Non-compliance of contract requirements may result in grant suspension and/or financial penalties. The deadline for returning your signed contract is January 30, 2022. Remember, this is a reimbursement -only grant, and reimbursements will not be approved for previous expenditures until our office receives your signed contract. If you have any questions or concerns about your award, please contact Lindsey Holden at holdenl@michigan.gov. We look forward to working with you. Sincerely,. -J" Ms. Nancy Becker Bennett, Division Director Grants and Community Services Division Enclosure MICHIGAN STATE POLICE HEADQUARTERS a 7150 HARRIS DRIVE . DIMONDALE, MICHIGAN 48821 MAILING ADDRESS . P.O. BOX 30634 . LANSING, MICHIGAN 46909 w michigan.gov/msp. 517-332-2521 Co �R PNi,�g pxY SUPPLEMENTAL FUNDING GRANT Oaelantl CORONAVtRUS EM ETAIL Account'Dtls eIRUNT COURT- schedule Grants Ptolect#'Activlt Analysts F�ar�Operalinq Fund Budqet IP grail t' GLB 1 OParatin9 1 GROUOOUp1149 GLB Unit(ou) IAtRiiate Reference GRAM #Account# 2022 DivVslon# Pro rem GLB GLB Pfofesstonat5ernces I Fund# 521100 6103M13 ONlstattA9 n Name 3Oi Ot05 2022 GRANT GROO9000 pie`P E Fund Nam° C5w}t Coun Jutltdal AdmAll"2Z197 7314`68 24 In 197 3OJOAOt 1211OO R ComnanNs Emer9enoY 5 H GntonaviNs Emer9ancy SW C'rwit Coud 3ud,4ta}Adm FY 'onFY 1024 •' 4OL2 ent AmendI AMantlment�Amendm- $ _ 5 50,000 b s � 50000 -- 5 5 SO 000 5 MISCELLANEOUS RESOLUTION #22xxx BY: Commissioner Penny Luebs, Chairperson, Public Health and Safety Committee IN RE: CIRCUIT COURT — FY 2022 CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) GRANT — ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Circuit Court applied for and was awarded a grant with the Michigan State Police (MSP), Grants and Community Services Division (GCSD), from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, with a grant period of January 1, 2022 through December 31, 2022; and WHEREAS the total program funding for this CESF grant is $50,000; and WHEREAS the court intends to use these funds to purchase evidence presentation software to assist in jury trials; and WHEREAS this evidence presentation software will provide a better way for case parties and court staff to present exhibits, share files with jurors, and sign documents; and WHEREAS the grant award has completed the Grant Review Process in accordance with the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2022 Coronavirus Emergency Supplemental Funding Grant in the amount of $50,000 from the Michigan State Police (MSP), for the period of January 1, 2022 through December 31, 2022. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and continuation of the positions in the grant is contingent upon continued future levels of grant funding. BE IT FURTHER RESOLVED the FY 2022 budget is amended as detailed in the attached Schedule A. Chairperson, on behalf of the Public Health and Safety Committee, I move the adoption of the foregoing resolution. Commissioner Penny Luebs, District#16 Chairperson, Public Health and Safety Committee