HomeMy WebLinkAboutResolutions - 2022.04.14 - 35449�rF1r'-.Yme.,
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BOARD OF COMMISSIONERS
April 14, 2022
MISCELLANEOUS RESOLUTION #22-122
Sponsored By: Penny Luebs
Sheriffs Office - Grant Acceptance with the Michigan State Police for the 2022 Emergency Federal Law
Enforcement Assistance (EFLEA) Grant
Chairperson and Members of the Board:
WHEREAS the Oakland County Sheriff's Office (OCSO) has been awarded 2022 Emergency Federal Law
Enforcement Assistance (EFLEA) pass through grant funding from the Michigan State Police for
reimbursement of overtime incurred as a result of the Oxford High School shooting that occurred on November
30, 2021 ; and
WHEREAS the award amount is $327,539 for the period November 30, 2021 through November 29, 2022; and
WHEREAS over two hundred (200) law enforcement officers from numerous agencies responded to the
Oxford High School shooting call at 12:55 p.m. and many officers and crime scene investigators worked
through the night; and
WHEREAS Detectives interviewed everyone involved in the incident, including but not limited to, students,
staff, and parents of the shooter; and
WHEREAS in the days and weeks following the shooting, staff continued to collect evidence, conduct
interviews, provide victim assistance, and respond to around the clock media inquiries; and
WHEREAS the OCSO was inundated with other school threats across Oakland County, which all had to be
investigated immediately to determine whether they were credible; and
WHEREAS the OCSO also provided security to Prosecuting Attorney staff as they received numerous threats;
and
WHEREAS this grant award includes reimbursement funding for overtime incurred during the initial response
to the Oxford High School shooting, the continuing investigation, other school threats, and security requested
by the Prosecuting Attorney; and
WHEREAS the grant award has completed the Grant Review Process in accordance with the Grants Policy
approved by the Board at their January 21, 2021 meeting.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
2022 Emergency Federal Law Enforcement Assistance pass through grant funding from the Michigan State
Police in the amount of $327,539 for the period November 30, 2021 through November 29, 2022.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment and continuation of this program is contingent upon continued future levels of grant funding.
BE IT FURTHER RESOLVED the budget is amended as detailed in the attached Schedule A
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs,
(2,d Date: April 14, 2022
David Woodward. Commissioner
j0 ��L
^^� a Date: April 22, 2022
P
Hilarie Chambers, Deputy County Executive II
Date: April 25, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-04-05 Public Health & Safety - Recommend to Board
2022-04-14 Full Board
VOTE TRACKING
Motioned by Commissioner Gwen Markham seconded by Commissioner Penny Luebs to adopt the attached
Grant Acceptance: with the Michigan State Police for the 2022 Emergency Federal Law Enforcement
Assistance (EFLEA) Grant.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert
Hoffman, Adam Kochenderfer (20)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. EFLEA-2022-04 Emergency Federal Law Enforcement Assistance Grant Schedule A
2. Grant Review Sign -Off
3. EFLEA-2022-04 Grant Contract - OSCO
4. EFLEA-2022-04 Budget (Attachment 1)
5. EFLEA-2022-04 FSR- OSCO
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 14, 2022, 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 Circuit Court at Pontiac,
Michigan on Thursday, April 14, 2022.
6
tf
Lisa Brown, Oakland County Clerk/Register of Deeds
Oakland County, Michigan
SHERIFFS OFFICE -2022 EMERGENCY FEDERAL LAW ENFORCEKMENT ASSISTANCE (EFLEA) GRANT ACCEPTANCE
Operating I Fund I Budget (Project
WE Fund Name Division Name Fund# Division#Program#Account# Unit(DB) Affiliate Reference Und Project# Actively Analysis Account rule
R General Fund Emergency Response and Prep 10100 4030501 110005 610313 2022 SHERF OXF_SCHL_ING GLB GLB Fedeiai Opemfing Giant
E General Fund EmergencyResponseand Prep 10100 4030501 110005 712020
E Genial Fund Emergency Response and Prep 10100 4030501 110005 722740
2022 SHERF OXF_SCHL_INC GLB GLB Ovemme
2022 SHERF OXF_SCHL_INC GLB GLB Fnnge BenefM
FY 2022 FY 2023 FV 2024
Amendment Amendment pmendmen[
$ 327,539 $ -IS -
$ sz1,S39 $ - $ -j1
$ 24J,94"1 $ - S -
7 "2
$ 321,539 $ - $
GRANT REVIEW SIGN -OFF — Sheriff's Office
GRANT NAME: 2022 Emergency Federal Law Enforcement Assistance (EFLEA) Grant
FUNDING AGENCY: Michigan State Police (MSP)
DEPARTMENT CONTACT: Katie West 248-452-2110
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 03/04/2022
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 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.
The draft MR is to be updated to add the applicable budget language and the Schedule A budget
amendment document is to be added for this grant award. — Lynn Sonkiss 03/03/2022
Human Resources:
Approved by Human Resources. No position implications, so FIR action isn't needed.— Heather Mason 03/01/2022
Risk Management:
Approved by Risk Management. — R.E. 03/01/2022
Corporation Counsel:
Corporation Counsel approval March 3rd, 2022 . There are no unresolved legal issues at this time. — Heather Lewis
3/3/2022
GRANTS-EFLEA
MICHIGAN STATE POLICE
Grants and Community Services Division
Page 1 of 12
AUTHORITY: 1935 PA 59;
COMPLIANCE: Voluntary.
2022 EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE (EFLEA)
Grant Agreement
hereinafter referred to as the "Agreement'
between
Michigan State Police
hereinafter referred to as the "Department'
and
Oakland County Sheriff's Office
hereinafter referred to as the "Contractor"
for
MSP Project Number: EFLEA-2022.04
Period of Agreement:
This Agreement shall commence on 11/30/2021 and continue through 11129/2022.
This Agreement is in full force and effect for the period specified.
Funding Source and Agreement Amount:
This Agreement is designated as a subrecipient relationship with the following stipulations:
A. Including federal funds, the total amount of this Agreement is $327,539.00.
B. The Department, under the terms of this Agreement, will provide federal pass -through funding not to
exceed $327,539,00.
C. The Catalog of Federal Domestic Assistance (CFDA) number is 16.824.
D. The CFDA Title is Emergency Law Enforcement Assistance Grant.
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 15PBJA-22-GG-00015-EFLE.
G. The federal program title is BJA FY 2022 Invited to Apply — Emergency Federal Law Enforcement Assistance
Program 2.
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. Changes to the Program Budget by the Contractor are not permitted. Costs are pre -
approved relating to the Oxford High School shooting that occurred on November 30, 2021.
Budget deviation allowances are not permitted.
IV. Contractor Responsibilities:
The Contractor, in accordance with the general purposes and objectives of this Agreement, will:
A. Publication Rights:
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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 2022 Emergency Federal Law Enforcement Assistance
(EFLEA) Program # 15PBJA-22-GG-000 1 5-EFLE, 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 sheriff's 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)/Direct Deposits. Vendor registration information is available on the State
of Michigan SIGMA Vendor Self Service (VSS) website located at
httos://siama.michlaan.aov/webaoo/PRDVSS2XI /AltSelfService.
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
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, an FSR must be
prepared and submitted to the Department to receive reimbursement. The reimbursement request may
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GRANTS-EFLEA
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Grants and Community Services Division
Page 3 of 12
only contain pre -approved expenses as detailed in your Program Budget (Attachment 1).
Reimbursement requests that include other expenditures may not be granted and will be returned to the
Contractor for explanation and/or correction and re -submission.
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. Audits:
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
(GAAS). 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.
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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.
E. 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.
F. 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, to
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.
G. 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.
H. 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.
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.
V. 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
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GRANTS-EFLEA
MICHIGAN STATE POLICE
Grants and Community Services Division
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Contractor.
VI. 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
VII. 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.
Vill. 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.
IX. 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.
X. 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.
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Grants and Community Services Division
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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.
XI. 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 (November 30, 2021).
D. All special conditions placed on the Department by the Department of Justice federal grant award document for
grant 15PBJA-22-GG-00015-EFLE are agreed to by the Contractor.
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.
XII. 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)."
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
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;
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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,
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 oincomDliancereoortina(a)usdoi.cov, 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 oiDcomDliancereDortina(a)usdoi.aov, 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.
E. Drug -Free Workplace:
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Grants and Community Services Division
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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,
V. 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), (a), 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
(administrative requirements for grants and cooperative agreements). The Contractor also specifically
assures and certifies that:
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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 FIR 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 at seq.; the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart C; the DOJ implementing
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
FY2022
GRANTS-EFLEA
MICHIGAN STATE POLICE
Grants and Community Services Division
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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.
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, 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:
The Department shall provide the Contractor with access to training developed by the OJP/OCR,
which may be found at httos://www.oiD.aov/abouUocr/ocr-traininci-videos/video-ocr-trainina.htm.
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 with the Contractor
during site monitoring visits and desk audits.
For the purposes of the Emergency Federal Law Enforcement Assistance Program, the development
and implementation of an Equal Employment Opportunity Plan (EEOP) is not an applicable
requirement.
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,
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:
FY2022
GRANTS-EFLEA
MICHIGAN STATE POLICE
Grants and Community Services Division
Page 11 of 12
1. 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.
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.
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MICHIGAN STATE POLICE
Grants and Community Services Division
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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 Suspension/Termination, above.
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.
XIII. Unallowable Expenses and Activities:
• Any expenses not related to the Oxford High School shooting that occurred on November 30, 2021,
• Any expenses not pre -approved and included in your Program Budget (Attachment 1).
XIV. 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.
XV. 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.
XVI. 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.
XVII. 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.
XVIII. 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.
XIX. Contractor Signature:
The Authorized Official's signature below represents the Contractor's legal acceptance of the terms of this
Agreement, including Certifications and Assurances.
Name of Contractor's Authorized Official Signature of Contractor's Authorized Official i Date
Name of Department's Authorized Official Signature of Department's Authorized Official j Date
Ms. Nancy Becker Bennett
FY2022
PROGRAM BUDGET
EFLEA-2022.04
Oakland County Sheriff's Office — $327,539.00
Overtime Expenses
Oxford HS initial response, continuing investigation, and security: 2,916 OT hours ($205,928)
Other school threats: 595 OT hours ($42,019)
Wages and Fringe Expenses
Fringe benefits for initial response, continuing investigation, and security OT hours ($66,103)
Fringe benefits for other school threats OT hours ($13,489)
Budget Total: $327,539.00
2022 EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE (EFLEA) PROGRAM
FINANCIAL STATUS REPORT (FSR)
I. Applicant's Information
1. Agency Name
2. Grant Number
Oakland Countv Sheriff's Office
EFLEA-2022-04
3. Address
4. City
5, State
6. ZIP Code
1200 N Telegraph Road
Pontiac
MI
48341
II. Expenditure Detail (Must Attach Payment Documents such as Invoice(s) and Canceled Check(s))
7. Expense Category 18. Expense Description 18. Total Expenditure Incurred
A. Overtime OT for response, investigation, security, and threats $ 247,947
B. Wages and Fringe OT Fringes $ 79,592
10, Total Amount Incurred this Period $327,539.00
Ill. Reimbursement Request
11. Amount Requested for Reimbursement $ 327,539
IV. 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 Officer Signature Date
Printed Name of Authorized Official or Financial Officer
Title of Authorized Official or Financial Officer
For MSP Use Only
Reviewed By, Date: I Approved By: Date:
Date sent to finance for payment: Date received confirmation of payment: