HomeMy WebLinkAboutResolutions - 2008.11.06 - 9590REPORT MR #08:246 November 6, 2008
BY: Finance Committee, Mike Rogers, Chairperson
RE: SHERIFF'S OFFICE — GRANT YEAR 2008 STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE
To: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee having reviewed MR #08 on October 30, 2008 Reports with
the recommendation the resolution be amended as follows:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves electronic submission of the Grant Year 2008 State Criminal
Alien Assistance Program (SCAAP) Reimbursement award in the amount of $70,412 and
that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute
said agreement as attached.
Chairperson, on behalf of the Finance Committee, I move adoption of the foregoing
resolution.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward absent.
November 6, 2008
MISCELLANEOUS RESOLUTION #08. 246
BY: Public Serviced Committee. Jeff Potter. Chairperson
IN RE: SHERIFFS OFFICE — GRANT YEAR 2008 STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States Department of Justice. Bureau of Justice Assistance awarded Oakland
County expenditure reimbursement funding in the amount of $70,412 for its State Criminal Alien
Assistance Program; and
WHEREAS the funding is reimbursement of Corrections Officers salaries (based on a prescribed formula)
for those officers directly involved in the care and maintenance of alien inmates housed in the Oakland
County Jail; and
WHEREAS Oakland County has met the federal requirements necessary to accept the award; and
WHEREAS the reimbursement period covers July 1, 2006 through June 30, 2007; and
WHEREAS no county match is required; and . , . • .
WHEREAS the acceptance of this grant does not obligate the County to any future•commitment: and
WHEREAS the continuation of the program is contingent upon future levels of reimbursement program
funding.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board .of Commissioners approves the
Grant Year 2008 State Criminal Alien Assistance Program (SCAAP) Reimbursement award in the amount
of $70,412 and that the Board Chairperson. on•15ehalf of the County of Oakland, is authorized to execUte
said agreement as attached.
Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
1
Public Services Committee Vote; ' • -
Motion carried unanimously on a roll cal vote with Potter, Gingeli, Potts and Gregory absent
Page 1 of 4
Dale Cunningham
From: Dale Cunningham [cunninghamd@oakgov.coml
Sent: . Tuesday, October 21, .2008 7:30 AM
To: 'Wenzel, Nancy; 'Hanger, Helen'
Subject: FW: Grant Sign Off: Sheriffs Office - 2008 State Criminal Alien Assistance Program (SCAAP) -
Grant Agreement
Original Message
From: Piir, Gala [mailto:piirg@oakgov.comi
Sent: Wednesday, October 15, 2008 9:51 AM
To: 'Whitefield, Jane; 'Cunningham, Dale'; 'Malone, Prentiss'
Subject: Grant Sign Off: Sheriff's Office - 2008 State Criminal Alien Assistance Program
(SOW) - Grant Agreement
The complete sign off package is attached.
GRANT REVIEW SIGN OFF — Sheriff's Office
GRANT NAME: 2008 State Criminal Alien Assistance Program (SCAAP)
FUNDING AGENCY: U.S. Department of Justice
DEPARTMENT CONTACT PERSON: Janet Whitefield 248 452-2110
STATUS: Grant Acceptance
DATE: October 15, 2008
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials
have completed internal grant review. Below are the returned eomment.S. •
The captioned grant materials and grant acceptance package (which should include the
Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract,
Finance Committee Fiscal Note, and this Sign Off email containing grant review
comments) may be requested to be placed on the appropriate Board of Commissioners'
committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Art Holdsworth (1017/2008)
Department of Human Resources:
Approved — Cathy Shallal (10/7/2008)
Risk Management and Safety:
Approved. - Andrea Plotkowski (10/14/2008)
Corporation Counsel:
There are no outstanding legal issues concerning this grant. Joellen Shortley Blaszczak
(10/10/2008)
10/21/2008
Page 2 of 4
COMPLIANCE
The grant references a number of specific federal and state regulations. Below is a list of
these specifically cited compliance related documents for this grant.
Federal Office of Management and Budget (OMB) Circular No. A-21, A-87, A-102,
A-110, A-122 and A-133
http://www.whitehouse.goviomb/cirou:arslinclex.html
Executive Order 12372 - Intergovernmental review of Federal programs
http://www. fws. czovluol icvll ibrarv/rze o 12372. pdf
US Doj Uniform Administrative Requirements for Grants and Cooperative
Agreements (28 CFR Part 66 and 28 CFR Part 70)
http;//www.access.gpo.gov/narakfriwaisidx 04/28ctiw2 04.htrul
Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18)
hp ://www.access. fr,00.uov/n arakfr/wa isidx_O 1 /28cfrl 8_0 .html
Confidentiality of Identifiable Research and Statistical Information (28 CFR Part
22)
http://www access.g,po govinara/cfewa is idx 04/28cfr22 04.html
Criminal Intelligence Systems Operating Policies (28 CFR Part 23)
http://www access. ano.2e v/naraicfriwa is icix_O 1 /2 Scfr23_0 1 .htinl
Intergovernmental Review of Department of Justice Programs and Activities (28
CFR Part 30)
littp://www.aocess.nso..v.ov,inaraicfriwaisidx_91/28cfr30_01.btml
Nondiscrimination of the basis of Disability in State and Local Government Services
(28 CFR Part 35)
http:/,/www.access. gpo. wvinardefr/wais dx 0] /28cfr35_91,html
Equal Treatment for Faith Based Organizations (28 CFR Part 38)
http://www.usdoi.gov/ovw/docsfasamemoreimolementationoi2gefrpart38.pdf
Nondiscrimination; Equal Employment Opportunity; Policies and Procedures as
CFR Part 42)
http://www.ac.cess. gpo.uovinara/cfriwaisidx 01/28efr42_01.htm[
Procedures for Implementing the National Environmental Policy Act (28 CFR Part
61)
bttp://www.access,gpo.Rovinaraicfr/waisidx 01 /28cfr61_0 .html
Floodplain Management and Wetland Protection Procedures (28 CFR Part 63)
ht-tp://www.access.V0.2ovinara/cfr/waisidx ._/2fli_Scfr63 j)l.ntrni
National Historic Preservation Act of 1966 (16 U.S.C. 470)
htto://www.nos.uoviihistorvilocal-lawinhpa I 966.fifill
Executive Order 11593 — Protection and enhancement of the cultural environment
http://www.gsa. aov/Porta Una/op/co ate ntV iew. do?
contentType—GSA_BASICEecontentld=12094
1 0/2 V2008
BUREAU OF JUSTICE ASSISTANCE
STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP)
NEW: Use of SCAAP Awards
The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) included the following
requirement regarding the use of SCAAP funds: "Amounts appropriated pursuant to the authorization of
appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a
municipality, may be used only for correctional purposes." Beginning with FY 2007 SCAAP awards, SCARP
funds must be used for correctional purposes only. Jurisdictions receiving SCAAP awards will be asked to
report the projected use of these funds at the time the award is accepted.
PART I: SCAAP Guidelines
SCAAP Overview
The Bureau of Justice Assistance (13jA). Office of Justice Programs, US Department of Justice, administers
SCAAP, in conjunction with the U.S. Department of Homeland Security (DNS), SCAAP provides federal
payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented
criminal aliens who have at least one felony or two misdemeanor coroections for violations of state or local law,
and who are incarcerated for at least 4 consecutive days during the reporting period.
SCAAP Legislative Authority
SCAAP is governed by Section 2410 of the Immigration and Nationality Act, 8 U.S.C. § 1231(i), as ameneed,
and Title IL Subtitle C, Section 20331, Violent Came Control and oaw Enforcement Act of 1994, Pub. L. 103-
322. In general terms, if a chief execierve officer of a state or a political subdivision exercises authority over the
incarceration of undocumented crimeiul aliens and submits a written request to the U.S. Attorney General, The
Attorney General may provide compensation to that jurisdictlon for those incarceration costs. SCPAP is subject
to additional terms and conditions of yearly congressional appropriations.
Eligible Applicants
States and local units of governrrenf that have authority °ye:- correctional facilities that incarcerate .ortetain
undocumented criminal aliens for a mtirium of 4 consecutive days are eligible to apply for SCAAP funds.
States and local units of general government include the 50 state governments, the District of Columbia, Guam,
Puerto Rico, the U.S. Virgin Islands, and the more than 3,000 counties ano cities with correctional facilities.
Regional jails, special jail districts, or regional jail authorities aed boards do not qualify as political subdivisions
of a state for purposes of SCAAP, and therefore are not eligible to directly apply for SCAAP funds: Each unit of
government that houses inmates at a regional facifity must apply independently for SCAAP funds, based on its
own costs of housing its undocumented aliens in the regional facility. Re.geenal facilities may not submit SCARP
applications on behalf of jurisdictions in its service area; nor may a regional facility submit one application for al
participating jurisdictions, using one jurisdiction's name as the re,eipient.
Authorized Officials
SCAAP payments must go eirectly to eligible states and loca ities Authorized jurisdiction employees for
SCAAP purposes must be listed as either tre Authorized Representative or Alternate Contact in the GMS User
Profile. The chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate authority to
another jurisdiction official. The CEO is gererolly considered the highest ranKing elected or appointed official of
a unit of government.
Minimum Period of Incarceration
Only eligible persons who were incarcerated for 4 or more consecutive days between July 1, 2006 and June
30, 2007 may be included in the FY 2008 SCAAP application.
Multi-Jurisdictional Issues
• Eligible inmates housed in the applicants facility exclusively on behalf of another jurisdiction may only be
reported by the sending jurisdiL:tion, regardless of whether the applicant received reimbursement for
related incarceration costs:
k7.
7Y 9008f..',CAAP GWCIerne,:i anc c-"ac,F
Criminal Charges and Convictions
To be eligible for reporting, inmates must have been convicted of a felony or second misdemeanor for
violations of state or local law, and housed in the applicants state or local correctional facility for 4 or more
consecutive days during the reporting per.od. All pretrial and postconviction time served from July 1, 2006
through June 30, 2007 may be reputed to BjA.
EXAMPLES REPORTABLE DAYS
An alien was convicted of a felony during the reporting period and scent 20 days in
pretrial detention and 60 additional days from the conviction. All 00 days occurred during BO
the reporting period.
An alien was convicted of a fe;ony during the reporting period and spent 20 days in
pretrial detention and 60 additional days from the convicton. The 20 pretrial detention BO
days and 40 of the sentenced days occurred in the reportng period the remaining 20
days were served after June 30. 2007 _
An alien was convicted of a feony several years ago and is being held in pretria
detention on new charges. As this efen already qualifies based on the prior felony As calculated
• conviction, once he meets the minimum or 4 consecutive days in custody during the
reporting period, the pretrial nays may be reported to BJA, regardless o`. the outcome of
the pending charges.
An alien was convicted of a second misdemeanor and served 3 consecutive days es el
June 30, 2007, and 20 adcitional days after June 30, 2007. This inmate cannot be 0
reported for FY 2008, but will qualify to: FY 2009. NOTE: The first 3 days ar The
sentence are not raper-table, re.ardlass of what occurs with this inmate in The future
Required Inmate Data Format
'The detailed inmate file reflects the jurisdictions good faith and due diligence efforts to identify and list
undocumented criminal aliens housed in its correctional facRes. Require:I inmate data elements include the- A-
Number, if known; last, middle, and first names: date of birth; unique inmate number assigned by the-applIcant
jurisdiction; foreign country of birth; date taken into custody: date released from custody; and the Federal
Bureau of Investigation (FBI) number, if known.
For inmates with aliases or multiple periods of incarceration! Creating a separate and distinct inmate record for
each qualifying period of incarceration may ieciude eligible inmates incarcerated more than once during the
reporting period. Similany, inmates with known aliases may be reported by creating a separate and distinct
inmate record for each name The same unique inmate identification number must be used for all records
associated with a single inmate, regardless of the name under whice the inmate was incarcerated. Applications
submitted without complete facility data and inmate records will not be considered for SCAAP funding.
Country of Birth Codes.
Generally, a person born in the U.S. or a U.S. territory is a U.S. Ozer) and should not be reported. Any
subMitted:inmate record that includes a country code not on the official ICE country codes list will be rejected.
Any record with an official country code that does not specifically represent a foreign country (unknown) will
only be considered in the award calculation if determined the inmate is undocumented or otherwise qualifies. If
the country provided by the inmate is not on the official list, select a country with a close geographic proximity
to the one named by the inmate.
Alternatives to Traditional Incarceration
Inmates are not eligible if they seeded their incarceration incrementally, such as through weekend
incarcerations that enabled them to ma:ntain employment. Qualifying periods of incarceration must occur
consecutively over the course of 4 or more days.
Parole and Probation Violators
Eligible inmates on parule or probation from qualifying convictions who are subsequently returned to the
custody of a state or local correctional facrity may be
FY 2005 SCA:.AP Gu:del:nes and /Aprlion::: Page 3
Correctional Officers
Correctional officers include employees, officers, and contractual staff whose primary responsibility is the
control, custody, or supervision of persons detained and incarcerated, includirg correctional officers, deputy
sheriffs, correctiona1/2ail supervisors shift commanders, chiefs of security, assistant wardens, and wardens.
Transportation officers and others providing control, custody, or supervision of inmates who are temporarily
outside the maintaining facility are also eligible. Employees, officers. and contractual staff whose primary
responsibility is providing noncustody services to the facility or its inmate population are not SCAAP eligible,
including office and secretarial support, administrative, housekeeping. maintenance, food, health, education,
training, vocational, counseling, and medical staff. Staff who funeton independently or outside the correctional
facility, including parole and probation agents. hearing officers, court commissioners, judicial, prosecutorial, and
public defenders, warrant and apprehension units, and others are not eligible.
Correctional Officer Salary Calculation
Salary information reported in the SCAAP application must reflect the total salaries and wages paid to full- and
part-time correctional officers and others who meet the SCMP definition. The reported sum should total the
jurisdiction's actual salary expenditures for the reporting period, not an estimate or average. Correctional officer
salary costs may include premium pay for specialized service, shift differential pay, and fixed-pay increases for
time in service, it may also include overtime required by negotiated contract. statute, or regulation such as
union agreements, contractual obligations, and required post staffing minimums.
Per Diem Costs
Per diem cost is calculated by the SCAAP system, dividing the jurisdiction's 'total all inmate days" into the "total
correctional. officer salary costs." During the FY 2007 reporting period, jurisdictions reported an average per
diem cost of $30.30. BJA may require documentation to validate per diem costs or impose limits on the costs.
SCAAP Award Calculation
Once SCAAP data has been validated and analyzed. applicants will receive e-mail notification that awards are
ready for online acceptance and drawaown. Formal acceptance of an award via GMS is necessary for the
electronic transfer of funds into the applicant's bank account of recora. Applicants have 45 calendar days to
accept awards through GMS once notice is provided. SCAAP payments must go to the jurisdictions' general
fund.
Payment Formula
The following provides an overview of the method used to calculate SCAAP payments
• 1. Using financial data from applicants, a per diem rate is calculated for each jurisdiction. For FY 2007, the
average per diem rate was $30,30 per inmate
2. Inmate data is provided to the U.S. Department of Homeland Security to validate inmate data for eligible,
unknown, and invalid records.
3. Each jurisdiction's total eligible inmate days and a percentage of the unknown days are totaled then
multiplied by the applicant's per diem rate to cleave the total correctional officer salary costs for eligible and
unknown inmate days. The percentage used for unknown days is determlned by a sliding scale: cities 60
percent; states 65 percent; and counties N percent of their total unknown inmate days.
4. The value of each applicants correctlonai officer salary costs assocated with its eligible and credited
unknown inmate days are totaled. This total value reflects the maximum amount for SCAAP
reimbursement. A percentage factor is usec to reflect the relationshio between the maximum reimbursable
salary costs and the appropriation For FY 2007. this factor was approximately 41.98 percent.
Variances
A variance will exist between the total salary costs reported by a jurisdiction and the final SCAAP payment
amount, due to adjustments for unknown, ineligible, or invalic inmate records and the annual
appropriation. Both the SCAAP system and BJA cheek for valances from prior year submissioes for
correctional officer staffing and salary levels, total bed count. and number of total inmate days.
FY 2038 SCAAP Guidelines and Pipi -Roatii- Page 4
PART II: ApoIvinoi for FY 2008 SCAAP Funds
FY 2008 Reporting Period
The FY 2008 SCAAP reporting period is from July 1, 2006 through June 30, 2007.
FY 2008 Registration and Application Deadlines
Applications will be accepted through the online Grants Management System (GMS) beginning March 25,
2008, and ending at 8:00 p.m. e.t. on May 2, 2008
GMS Application Process
The SCAAP Catalog of Federal Domestic Assistance (CFDA) number is 16.606.
For questions or concerns at any point in tne GMS process, call the SCAAP Help Desk at 1-202-353-4411.
1_ Access GMS at httpslierants.oip.usdoi.ecv.
2. If you already have a GMS user 0. proceed to the GMS sign in. Even if your organization already has a
user ID. you will not be considered registered for the solicitation until you have signed on to GMS and
entered the appropriate solicitation,
3. If you do not have a GMS user ID, select New User? Register Here." After you have completed all of the
required information, click "Create Account" at the bottom of the page and to note your user ID and
Password, which are case sensitive_ Within a few days. BJA will send an e-mail confirmation to newly
registered applicants that their user 'D and password have teen approved and they are eligible to submit
an application.
4. Beginning October 1, 2003, a Dun and Bradstreet (Deiiii) Data Universal Numbering System (DUNS)
number must be included in every appilcation for a new award or renewal of an award, The DUNS number
will be required whether an applicant is submitting an application on paper, through OJP's Grants
Management System, or using the governmentwide electronic portal (Grants. goy). An application will not
be considered complete until the applicant provides a valid DUNS numbee
Organizations should verify that they have a DUNS number or take the steps necessary to obtain one as
soon as possible. Applicants can receive a DUNS number at 71D cost by calling the dedicated toil-free
DUNS number request line at 1-800-333-0505.
After you have logged onto the system using your user ID an password, click on 'Funding Opportunities.'
6. Select the "Bureau of Justice Ass stance" from the drop-down list and click "Search. This will narrow the
list of solicitations within the Office cf Justice Programs to those in BJA.
7. From the list of BJA grants, find "State Criminal Alien Ass:stanee Program" and click 'Apply Online."
8. Confirm that your organization is eligible to apply for this program by reading the text on the screen. If
eligible, proceed by clicking "Cont nue."
Q. Once you have reached this point, you are considered successfully registered.
Online Inmate Data Reporting Process
Select the file upload process below that best meets your needs. While you may change the method prior to
submitting the completed application to BJA, note that the change from one process to another will overwrite
and delete all previous inmate record suorni3sions
• Direct File Upload: The direct file upload function allows you to submit inmate database records in a
single ASCII-formatted file direcey into GMS. File uploads must contain the mandatory data fields in the
required format. File uploads that co not include the necessary information will be considered incomplete
and not eligible SCAA.P funding_ The SCAAP system provides yo .J wfth an opportunity to correct files or
add missing data prior to finalizing the application.
F`.." 2308 SCAAP GjInlines and Aoc:icaiio: Page 5
• Direct Data Entry: The direct data entry function allows you to manually enter inmate data directly into an
online inmate data template, instead of creating a separate ASCII file. This approach may be best suited
for jurisdictions with smaller facilities or small criminal alien populations. Drop-down menus are provided for
selecting incarceration dates, date of oirth, and country of birth (complete country names are listed).
During the file upload process, a red flashirg bar will appear at the bottom of the applicant screen. This bar will
continue to flash until the inmate file upload is complete. Upon completion of the inmate file upload, SCAAP
GMS will provide the applicant with a "File Upload Status Report.- This report will list the 'number of inmate
records in the upload and the number of inmate records that are complete. In addition, the report will provide a
detailed list of inmate records (by file number) that are incomplete or have data format errors and the nature of
the error. Print this file upload status report for your records. If during the file upload process, your Internet
browser times out or is disconnected, your inmate file upload may not be complete. It is important that you
check the "File Upload Status Report" and verify that all of your inmate records have been uploaded.
When initiating a file upload, there is an approximate 10 second start-up delay. Once the file upload has
actually begun, the estimated times for fee uploads: 300 inmate records = less than 1 minute; 7,800 inmate
records = 3 minutes; 54,600 inmate records = 15 minutes.
Technical System Requirements
Internet access is required to apply for SCAAP funding, Generally, Netacape Communicator 4.7 and internal
Explorer 5.5 are the earliest versions of the respective Internet browsers that may be used for successful
SCAAP application system access. Contact your agency network acrninistrator to determine if an internal
firewall or agency Internet security system may be preventing direct access to the application system, or
contact the GMS Help Desk for information regarding correct port settings. If you are a prior SCAAP user, the
browser bookmark may not work properly and an attempt to access the SCAAP application site may generate a
message advising that the "page cannot be displayed." Delete the bookmare and manually type the URL into
the browser address line.
• Internet User Accounts
Government officials from the applying jurisdictions must establish the OJP GMS user accounts for SCAAP.
Non-government officials may not estaolish user accounts on behalf of applying jurisdictions. When
establishing a user account, sheriffs or chiefs of police are not considered CEOs, but they may serve as the
contact persons establishing the SCAAP user accounts on behalf of the CEOs. All applications must be.filed in
the name of the state or unit of government and must include the jurisdiction's CEO's name, official title, and e-
mail address.
Application Rosu bmiss ions
BJA may return a submitted application with incomplete or inaccurate data to the applicant for corrections, and
will notify both the CEO and the SCAAP contact, via the e-mail address of record, that their application needs
to be corrected and resubmitted by a certain daze to be considered for SCAAP funding.
FY 200b SCAAP GuideRnes and Apokadon P2CIE 5
tInc .„,, -71 • '1 - • /IT 'n L;5t.,-.7111f.21. . . '2ut;
' Certiftations Page 1 of 3
EirerP• Yee eeppt" button at the bottom of the nage before closing this window
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE CHIEF FINANCIAL OFFICER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before complating
this form. Acceptance of this form provides for compliance with certification requirements under 28 CFR Part 69,
"New Restnctions on Loebying," 2 CFR Part 2867, "DOJ Implementation of ONIB Guidance of Nonprocurement
Debarment and Suspension," and 28 CFR Part 83, "Goverriment-wide Debarment and Suspension," and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a
material representation of fact upon which reliance will be placed when the Department of Justice determines to •
award the covered transaction, grant, or cooperative agreement.
1.. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 23 CFR Part 69, fer
persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the
applicant certifies that:
(a) No Federal appropriated funds have been paid Or will be paid, by or on behalf of the undersigned, to any
person for:influencing or attempting to influence an officer or empioyee of any agency, a Member of Congress, an
officer or employee of Congress, or-an employee of a Member of Congress in connecfion with the making of any
Federal grant, the entering into of any cooperative agreement, and the extensive, continuation, renewal, -
amendment, or modification of any Federal grant or cooperative agreement;
(b) If any funds Other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
. Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative
agreement, the undersigned shall complete and submit Standard Form - LLL, 'Disclosure of Lobbying Activities,'
in accordance with its instructions;
(6) The undersigned shall require that the language of this certification be included in the award documents -kir all
subawards at all tiers (including sulagrants, contracts under grants and cooperative agreements, and
subcontracts) and that all sub-recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY' MATTERS (DIRECT RECIPIENT)
As reqUired by Executive Order 12549, Debarment and SOspension, and implemented at 2 CFR Part 2867, for
prospective participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a):
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of
Federal benefits by a State or Federal court, or voluntarily excluoed 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 UUirimiesiureofernbezziereent, theft, forgery, bribery, falsification or .
destruction of records, makili Wee ateleme, Ile, or receiving stolen property:
(c) Are not Presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
CertiEdations Page Z ot
State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transactions (Federal,
State, or local) terminated for cause or default.
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act cZ 1988, and implemented at 28 CFR Part 83, Subpart F, for
grantees, as defined at 28 CFR Sections 83.620 and 83.650:
A. The applicant certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statementnotifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs: and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each empioyee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute oceurnng in the
workplace no later than five calendar days after such convictioo;
(e) Notifying tie agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk,
810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected
grant;
(f) Taking one of the following actions, witnin 30 calendar days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted
(1) Taking appropriate personnel action against such an employee, up to area including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or .
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
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(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (f).
As the duly authorized representative of the applicant, I hereby cerly that the applicant will comply with the
'above certifications.
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OMB APPROVAL
NUMBER 1121-0140
EXPIRES 06/3012009
STANDARD ASSURANCES
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The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies,
guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372
(intergovernmental review of federal programs); and 28 C.F.R. pts. 66 mY 70 (administrative requirements for
grants arid cooperative agreements). The appEcant also specifically assures and certifies that:
1. It has the legal authority to apply for federal assistance and the institutional, managerial, and
financial capability (including funds sufficient to pay any required non-federal share of project cost)
to ensure proper planning, management, and completion of the project described in this application,
2. It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal
gain.
3. It will give the awarding agency or the General Accounting Office, through any authorized
representative, access to and the right to examine all paper or electronic records related to the
financial assistance.
4. It will comply with all lawful requirements imposed by the awarding agency, specifically including
any apOcable regulations, such as 28 C.F.R. pls. 18, 22, 23, 30, 35, 38,42, 61, and 63
5. will assist the awarding agency (if necessary) in assuring compliance with section 106 of the
National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (ide.ntification and
protection of histonc properties), the Archeological and Historic a: Preservation Act of 1974 (16
U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
6. It will comply (and will require any subgrantees or contractors to comply) with any applicable
statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control
and Safe Streets Act of 1963(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. § 2000e1); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans
with Disabilities Act of 1990(42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C.
§§1681, 1683, 1685-86); and the Age Discrimination Act of 1975(42 U.S.C. §§ 6101-07); see Ex.
Order 13279 (equal protection of the laws for faith-based and community organizations).
7. If a governmental entity:
a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970(42 U.S.C. § 4601 at seq.), whice govern the treatment of persons
• displaced as a result of federal and federally-aseisted prcgrams; and
b. it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28. which limit certain
political activities of State or local government employees whose principal employment is in
connection with an activity fiaanced in whole or in part by federal assistance.
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State Criminal Alien Assistance Program (SCAAP)
NEW: FY 2008 SCAAP Awards: The Bureau of Justice Assistance (JA) is pleased to
announce that the FY 2008 State Criminal Alien Assistance Program (SC:AAP) awards
are complete. Click the following to view the FY 2008 SCAAP award amounts. BJA will
email all 2008 SCAAP jurisdittions when the SCAAP awards are ready for drawciown
in the next two weeks.
Overview: EWA administers SCAAP, in conjunction with the Bureau of Immigration and
Customs Enforcement and Citizenship and Immigration Services, Department of
Homeland Security (DHS). SCAAP provides federal payments to states and localities
that incurred correctional officer salary costs for incarcerating undocumented criminal
aliens with at least one felony or two misdemeanor convictions for violations of state or
local law, and incarcerated for at least 4 consecutive clays during the reporting period,
Use of SCAAP Awards: The Department of Justice Reauthorization Act of 2005 (Pub.
L. 100-162, Title XI) included the following requirement regarding the use of SCAAP
funds: 'Amounts appropriated pursuant to the authorization of appropriations in
paragraph (5) that are distributed to a State or political subdivision of a State, including
a municipality, may be used only for correctional purposes." Beginning with FY 2007
SCAAP awards, SCAAP funds must be used for correctional purposes only.
.FY 2007 and 2008 SCAAP Use of Funds List
Salaries for corrections officers
Overtime costs
Corrections work force recruitment and retention
Construction of corrections facilities
Training / education for offenders
Training for corrections officers related to offender population management
Consultants involved with offender population
Medical and mental health services
• Vehicle rental purchase for transport Of offenders
Prison Industries
Pre-release / reentry programs
Technology involving offender management I infer agency information sharing
Disaster preparedness continuity of operations for corrections facility
Reporting Period: The reporting period for the FY 2008 application period is July 1,
2006 through June 30, 2007. Only qualifying inmates who served four or More days
during this period may be included in the FY 2008 SCAAP application.
Eligible Inmates - Applicant Responsibilities: Unless otherwise prohibited,
applicants may submit records of inmates in their custody during the reporting period
who: were born outside the United States or one of its territories and had no reported
or docurrientec claim to US. citizenship; were in tie applicant's custody for four Or
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more consecutive days during the reporting period; were convicted of a felony or
secono misdemeanor for violations of state or local law; were identified and reported
using due diligence.
Qualifying Criminal Charges and Convictions: To be eligible for reporting, inmates
must have been convicted of a felony or second misdemeanor for violations of state or
local law, and housed in the applicant's state or local correctional facility for 4 or more
consecutive days during the reporting period . Once a person meets these criteria, all
pre-trial and post-conviction time served from July 2006 through June 30, 2007 may
be included in the FY 2008 application.
Qualifying Salary Data: Salary information reported in the SCRAP application must
-reflect the total salaries and wages paid to fuleand part-time correctional officers arid
others who meet the SCAAP definition (see the FY 2008 SCARP Guidelines). The
reported sum snould total the jurisdiction's actual salary expenditures for the applicable
reporting period (July 1, 2006 to June 30, 2007), The reported salary should not be a
projection, estimate, or average. Correctional Officer salary costs may include
premium pay for specialized services (e.g., bilingual officers), shift differential pay, and
fixed-pay increases for time in service. Salary costs may also include overtime
required by negotiated contract, statute, or regulation (e.g., union agreements,
contractual obligations, minimum staffing requirements, etc.).
Chief Executive Officer: SCAAP payments must go directly to eligible states and .
localities. Authorized jurisdiction employees for SCRAP purposes must be listed as
either he Authorized Representative or Alternate Contact in the GMS User Profile. The
chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate
authority to another jurisdiction official, The CEO is generally considered the
highest ranking elected or appointed official of a unit of government. An
application without the CEO information included will be significantly delayed.
Legislation: SCARP is governed by Section 241(i) of the Immigration and Nationality
Act, 8 U.S.C. § 1231(i), as amended, and Title II, Subtitle C, Section 20301, Violent
Crime Control and Law Enforcement Act of 19.94, Public Law 103-322.
Funding: SCAAP payments will be calculated using a formula that provides a relative
share of funding to jurisdictions that apply anc is based on the number of eligible
criminal aliens, as determined by DI-IS.
Payments: SCAAP payments are calculated simultaneously, with applicants receiving
a prorated payment based on the appropriation; costs submitted, and inmates as
determined by DHS. All SCRAP payments are made electronically to the applicant's
bank account of record identified during the application process. All SCRAP payments
must go to the jurisdiction's general fund: Please use the jurisdiction's EIN (tax
identification) and vendor number when applying for SCARF' funds,
How/When to Apply: FY 2008 applications are being accepted in the OJP Grants
Management System (GMS) from March 28, 2008 through May 2, 2008.
BJA would like to remind FY 2008 SCAAF applicants of updates in the Guidelines,
including that SCAAF funds may be used for "correctional purposes only," with
information regarding the proposed use collected during the award acceptance
process and that SCARP information from jurisdiction inmate data may be shared with
other federal government agencies.
2008 SCARP Data:
FY 2008 SCAAP Guidelines (PDF)
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FY 2008 ICE Country Codes (PDF)
FY 2008 Inmate Data File Format (PDF)
Direct Phone Support:
Technical assistance is available Monday through Friday from 9:00 a.m. to 5:00 p.m.
eastern time, via the SCAAP HelpdesK at 1-202-353-4411.
For assistance with the GUIS login, call 1-888-549-9901 Option 3.
E-Mail Inquiries: •
Program and Policy Issues: SCAAP Inquiries: scaapAusdoi,gov
GMS Login. Issues: GMS Halpdask:
Banking Issues: CC Customer Service Center: AskOCUojp.usdolmov
Related Information:
FY 2007 SCAAP Funds
SCAAP Archive Information
J.S. Department of Justice I Office of hsticr
Program s
Privacy Slarernent and th.gov
• -1".• S a.7.1 7 ' -1611
FISCAL NOTE (MISC. #0846) November 6, 2008
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: SHERIFF'S OFFICE — GRANT YEAR 2008 STATE CRIMINAL ALIEN ASS1STANCE PROGRAM
(SCAAP) REIMBURSEMENT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The United States Department of Justice, Bureau of Justice Assistance, awarded the
Oakland County Sheriffs Office $70,412 in reimbursement funding for its State Criminal
Alien Assistance Program.
2. The reimbursement period for Grant Year 2008 is July 1, 2006, through June 30, 2007.
3. No County match is required.
4. The Grant Year 2008 funding represents a 16% decrease from Grant Year 2007 funding.
The county anticipated funding in the amount of $82,000. The Corrective Services
revenue budget will be decreased by $11,588 to reflect this reduction. The decrease will
be appropriated from contingency.
5. A budget amendment to the Fiscal Year 2009 Adopted Budget is recommended as
follows:
GENERAL FUND #10100
Revenue FY 2009
4030301-112590-610313 Grants Federal ($ 11,588)
Total General Fund Revenue ($ 11,588)
Expenditures
9090101-196030-730359 Contingency (; 11,588)
Total General Fund Expenditures (M)
$ -0-
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward absent.
Resolution #08246 November 6, 2008
Moved by Potter supported by Burns the resolution (with fiscal note attached) be adopted.
Moved by Potter supported by Burns the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Potter supported by Burns the resolution be amended to coincide with the recommendation in
the Finance Committee Report,
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchett. Jacobsen, KowaII, Long, Middleton,
Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Burns, Clark, Coleman, Coulter,
Crawford, Douglas. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND) /d Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foreoing reColution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
November 6, 2008, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 6th day of November, 2008.
I iii
Ruth Johnson, County Clerk