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HomeMy WebLinkAboutResolutions - 2009.11.12 - 9894November 12. 2009 MISCELLANEOUS RESOLUTION 109266 BY: Public Services Committee. Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE — GRANT YEAR 2009 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 Oaklam County expenditure reimbursement funding in the amount of 572.448 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, 2007 through June 30, 2008; 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 2009 State Criminai Alien Assistance Program (SCRAP) Reimbursement award in the amount of 572,448 and that the Board Chairperson. on behalf of the County of Oakland, s 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 Public Services Committee Vote: Motion carried unanimously on a roll call vote with Potter and McGillivray absent GRANT REVIEW SIGN OFF — Sheriff's Office GRANT NAME: 2009 State Criminal Alien Assistance Program (SCAAP) FUNDING AGENCY: U.S. Department of Justice DEPARTMENT CONTACT PERSON: Lori Seaman 248 452-2110 STATUS: Gram Acceptance DATE: October 9, 2009 Pursuant to Misc. Resointion 401320, please be advised the captioned grant materials have completed internal grazi review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget Approved. — Laurie Van Pelt (10/5/2009) Departmeut of Human Resources: Approved. — Cathy sham (10/5/2009) Risk Management and Safety: Approved. - Andrea Plotkowski (10/7/2009) Corporation Counsel: I reviewed the above-referenced Grant Acce-ptanee and APPROVE the same on behalf of Corporation Counsel, — Mary Mara (10/8/2009) MI Leelanau County 56,972.00 MI County of Lenawee 55,988.00 MI 'County of Eaton $7253.00 MI County of Jackson $7.714_00 MI County of Bran& $7.853 00 MI County of Kaarnazoo 59,844.00 i County of lonia 513 694.00 Ml Livingston County $14.314.00 MI St Joseph County $14,540.00 MI COunty of Berrien $17.431_06 MI County of Genesee 519,895 00 MI County of Ottawa $40_320.00 MI County of Macomb $63.806.00 MI County of Oakland 572,448 00 MI -County of Wayne $156,102.00 MI County of Kent $206,829.00 Ml State of Michigan $1_663.078.00 MN Polk County $3,867.00 MN County of Benton $4.352.00 MN County Of Goodhue 35.166.00 I MN County of Steele $7.927.30 MN Todd County 1 $11.518.00 MN VVatonwan County 511.528 00 MN County of Yellow Medicine 513,420_001 MN County Of Scott $14.268,00 MN County of Wright $16,566.00 MN County of Freeborn 518.105 00 MN County of McLeod $19.327 DC MN Washington County $22.438.00 MN Chippewa County $26,288.00 MN Kandiyohi County $30,229.00 MN County of Stearns $47,293 00' MN County of Dakota $62,970.00 MN Olmsted County $114.964.00 MN County of Ramsey $270 302 00 MN Hennepin County 5294,627.00 MN State of Minnesota $956.389 00 MO County of Pike S1,495.00 MO County of Phelps 53 702.00 MO County of Platte 55 979.00 - MO County of Pettis $723900 MO St Louis County $12.119.30 MO County of St Charles $21,704,00 i , MO Ja:-Acson County $76,248.001 OFFICE Of JUSTICE PROGRAMS V4/Vi MOJP.USDO.J.GOV 0 BJA Programs State Criminal Alien Assistance Program (SCAAP) FY 2009 SCAAP Funds NEW: BJA is pleased to announce that the FY 2009 State Criminal Alien Assistance Program (SCAAP) awards are complete. To view the FY 2009 SCAAP award amounts, please click here. RIA will e-mail all 2009 SCA AP jurisdictions when the SCAAP awards are ready for drawdown in the next three weeks. Overview: 13JA administers SC.AAP, 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 days during the reporting period. Use of SCAAP Awards: The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) included the following requirement regarding the use of SCAAP funds: 'Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes." Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only. FY 2007-2009 SCAAP Use of Funds List Salaries for corrections officers Overtime costs Performance-based bonuses Corrections work force recruitment and retention • Construction of corrections facilities Training/education for offenders Training for corrections officers related to offender popelation management Consultants involved with offender population Medical and mental health services Vehicle rental/purchase for transport of offenders Prison industries Pre-release/reentry programs Technology involving offender management/inter agency information sharing Disaster preparedness continuity of operations for corrections facility Reporting Period: The reporting period for the FY 2009 application period is July 1, 2007 through June 30, 2008. Only qualifying inmates who served four or more days during this period may be included in the FY 2009 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 documented claim to U.S. citizenship; were in the applicant's custody for four or more consecutive days during the reporting period; were convicted of a felony or second misdemeanor for violations of state or local law; were identified and reported 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 1, 2007 through June 30, 2008 may be included in the FY 2009 application. Qualifying Salary Data • Salary information reported in. the SCAM application must reflect the total salaries and wages paid to full-and part-time Correctional officers and others who meet the SCAM definition (see the FY 2009 SCAAP Guidelines). The reported sum should total the jurisdiction's actual salary expenditures for the applicable reporting period (July 1, 2007 to June 30, 2008). 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 anti localities. Authorized jurisdiction employees for SCAAP purposes must be listed as either the Authorized Representative or Alternate Contact in the GMS User Profile. The chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate authority to another jurisdiction official. The CEO is generally considered the highest ranking elected or appointed official of a unit of government An application without the CEO information included will be significantly delayed. Legislation: SCAAP 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 1994, Public Law 103-322. Funding: SCAAP payments will be calculated using a formula that provides a relative share of funding to jurisdictions that apply and is based on the number of eligible criminal aliens, as determined by DHS. Payments: SCA.AP payments are calculated simultaneously, with applicants receiving a prorated payment based on the appropriation, costs submitted, and inmates as determined by DI-1S. Ali SCAAP payments are made electronically to the applicant's bank account of record identified during the application process. All SCAAP payments must go to the jurisdiction's general fund. Please use the jurisdiction's EIN (tax identification) and vendor number when applying for SCAAP funds. How/When to Apply: FY 2009 applications are being accepted in the OW Grants Management System (GMS) from April 6, 2009 through May 12, 2009. WA would like to remind FY 2008 SCAAP applicants of updates in the Guidelines, including that SCAAP funds may be used for "correctional purposes only," with information regarding the proposed use collected during the award acceptance process and that SCAM' information from jurisdiction inmate data may be shared with other federal government agencies. 2009 SCAAP Data: FY 2009 SCAAP Guidelines (PDF) FY 2009 ICE Country Codes (PDF) FY 2009 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 ilelpdesk at 202-353-4411. For assistance with the GMS login, call 1-888-549-9901 Option 3. E-Mail Inquiries: Program and Policy Issues: SCAAP Inquiries: scaapgusdoj.goN GMS Login Isstes: GMS Helpdesk: gmshelp@ojp.usdoj.gov Banking Issues: OC Customer Service Center: AskOe@ojp,usdoigov Related Information: FY 2008 SCAM' Information: FY 2008 SC.AAP Awards FY 2008 SCAAP Guidelines (PDF) FY 2008 ICE Country Codes (PDF) FY 2008 Inmate Data File Format (PDF) SCAAP Archive Information U.S. Department of Justice I Office of Justice Programs Privacy Statement awl Disclaimers I FOIA F-ICSA.gov 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. '09-162. Title XI) included the following requirement regarding the use of SCRAP funds: 'Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distibuted to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes.' Beginning with Y 2007 SCRAP awards. SCRAP funds must be used for correctional purposes only. Jurisaicmns receiving SCRAP awards will be asked to report the projected use of these funds at the time the ai iard is accepted PART I: SCAAP Guidelines SCAAP Overview The Bureau of Justice Assistance (BJA), Office of Justice Programs. U.S. Department of Justice. administers SCAAP, in conjunction with the U.S. Department of Homeland Security (DHS). SCAAP provides federal payments to states and localities that incurred correctional officer saiary costs for incarcerating undocumented criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or ocal law, and who are incarcerated for at least 4 consecutive days during the reporting period. SCAAP Legislative Authority SCAAP is governed by Section 241(i) of the Immigration and Nationality Act, 8 U.S.C. § 1231(i), as amended, and Title II, Subtitle C. Section 23301. Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103- 322. In genera; terms, if a chief executive officer of a state or a political subdivision exercises authority over the incarceration of undocumented criminal aliens and submits a written request to the U.S. Attorney General, the Attorney General may provide compensation to that jurisdiction for those incarceration costs. SCAAP is subject to additional terms and conditions of yearly congressional appropriations. Eligible Applicants States and local units of government that have authority over correctional facilities that incarcerate or detain undocumented criminal aliens for a minimum of 4 consecutive days are eligible to apply for SCAAP funds. States and local units of general government include the 50 state governments. the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the more than 3.000 counties and cities with correctional facilities Regional jails, special jail districts, or regional jail authorities and boards du not qualify as political subdivisions of a state for purposes of SCAAP, and therefore are not eligible to directly apply for SCAAP funds. Each uoit of government that houses inmates at a regional facility must apply independently for SCAAP funds, based on its own costs of housing its undocumented aliens in the regional facility. Regional facilities may not submit SCAN) applications on behalf of jurisdictions in its service area, nor may a regional facility submit one application for all participating jurisdictions, using one jurisdiction's name as the recipient. Authorized Officials SCAAP payments must go directly to eligible states and localities. Authorized jurisdiction employees for SCAAP purposes must be Lsted as either the Authorized Representative or Alternate Contact in the GriliS User Profile. The chief executive officer (CEO) of an eligible jurisdiction may apply directly or aelegate authority to another jurisdiction official. The CEO is generally considered the highest ranking elected or appointed official of a unit of government. Minimum Period of Incarceration Only eligible persons who were incarcerated for 4 or more consecutive days between July 1, 2007 and June 30, 2008 may be included in the FY 2009 SCAAP application. Multi-Jurisdictional Issues • Eligible inmates housed in the applicant's facility exclusively on behalf of another jurisdiction may only be FY 2009 SCAAP Gthdelines aid Application Page EXAMPLE TOTAL DAYS reported by the sending jurisdiction, regardless of whether the applicant received reimbursement for related incarceration costs. • Unless otherwise covered by a cost reimbursement agreement, inmates who are ready for release once qualifying charges or convictions are concluded, and who are temporarily held in the applicant facility on the basis of outstanding warrants or detainers from other jurisdictions, including federal law enforcement agencies. are SCAAP eligible. The applicant jurisdiction may claim the total number of days the inmate was in custody, including the days the inmate was held on the detainers or outstanding warrants, • Detention or incarceration days attributable to otherwise qualifying inmates held on federal charges, convictions, or detainers and covered by cost reimbursement agreements are not SCAAP eligible. • Juveniles adjudicated delinquent, regardless of the charges or length of custody, are not SCAAP eligible, Only juvenile offenders who are convicted as adults and who meet the qualifying SCAAP criteria may be eligible. Eligible Inmates Applicants may submit records of inmates in their custody during the reporting period who: • Were born outside the United States or one of its territories and had no reported or documented claim to U,S. citizenship. • Were in the applicant's custody for 4 or more consecutive days during the reporting period. • Were convicted of a felony or second misdemeanor for violations of stale or local law. • Were identified and reported as undocumented, using due diligence. The U.S. Department of Homeland Security will make the final determination on the status of submitted inmate records for undocumented alien purposes. Inmates may qualify for SCAAP purposes if they were. • Persons who entered the U.S. without inspection or at any time or place other than as des gnated by the Attorney General. • Persons in deportation or exclusion proceedings at the time they were taken into custody. • Non-immigrants who failed to maintain their non-immigrant status at the time they were taken intu custody. • Certain Mariel Cubans who otherwise meet these requirements. Total All inmate Days The "total all inmate days" is the cumulative number of incarceration or detention days attributable to all inmates housed in the jurisdiction's facilities during the reporting period. It includes all inmates, regardless of their status, citizenship, disposition. or length of stay, including inmates held at contract facilities. A jurisdiction can use the sum of all nightly, facility head counts for the 365 days in the reporting period. A ;unsdiction detained or incarcerated 400 inmates during the current reporting cycle. Each inmate was held for exacty 7 days. 2,800 {400 Inmates x 7 days) FY 2009 SCAAP Gu+delines and Application Page 2 EXAMPLES I REPORTABLE DAYS As calculated Criminal Charges and Convictions To be eligible for reporting, inmates must have be 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 Ile reporting period. All pretrial and post conviction time served from July 1. 2007 through June 30. 2008 may be reported to 0JA. i An alien was convicteo of a felony during the reporting period and spent 20 days in ; pretrial detention and 80 additional days from the conviction All 80 days occurred during the reportine Period An alien was convicted GI a felony during the reportirg perioc and spent 20 days in pretrial detention and 60 additional days from the conviction. The 20 pretrial detention days and 40 of the sentenced days occurred in the reporting period; the remaining 20 days were served after June 30, 2008. An alien was convicted of a felony several years ago and is being held in pretria detention on new changes. As this alien already qualifies based on the prior felony conviction, once he meets the minimum of 4 consecutive days in custody during the reporting period, the pretrial days may be reported to BJA, regardless of the outcome of the pending charges. 80 60 An alien was conv .cted of a second misdemeanor and served 3 consecutive days as of June 30, 2007. and 20 additional days after June 30, 2008, This inmate cannot be ; reported for FY 2009, but will qualify for FY 2010, NOTE: The first 3 days of the I sentence are not reportable, reoardless of whet OCCUT6 with this inmate in the future. Required Inmate Data Format The detaled nrwte tiIi reflects the jurisdiction's good faith and due diligence efforts to identify and fist undocumented criminal aliens housed in its correctional facilities Required inmate data elements include the A- Number, if known; last, middle, and first names; date of birth; unique inmate number assigned by the applicant jurisdiction; foreign country of birth; date taken into custody; date released from custody; and the Federal Bureau of Investigation (FBI) number, if known. For inmates with aliases or multiple periods of incarceration: Creating a separate and distinct inmate record for each qualifying period of incarceration may include eligible inmates incarcerated more than once during the reporting period. Similarly, inmates with known aliases may be reported by creating a separate arid distinct inmate record for each name. The same unique inmate identification number must be used for all records associated with a single inmate, regardless of the name under which the inmate was incarcerated. Applications submitted without complete facility data and inmate records will not be considered for SCAAP funding. Country of Birth Codes Generally, a person born in tne U.S. or a U.S. territory is a U.S. citizen and should not be reported Any submitted inmate record that includes a country code not on the official ICE country codes iist will be rejected. Any record with an official country code that does not specifically represent a foreign country (unknown) wil only tie 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 narneo by the inmate. Alternatives to Traditional Incarceration Inmates are not eligible if they served their incarceration incrementally, such as througn weekend incarcerations that enabled them to maintain employment. Qualifying periods of incarceration must occur consecutively over the course of 4 or more days. Parole and Probation Violators Eligible inmates on parole or probation from qualifying convictions who are subsequent)/ returned to the FY 2009 SCAAP Guidelines and Application Page 3 custody of a state or local correctional facility may be eligible. Correctional Officers Correctional officers include employees, officers, and contractual staff whose primary responsibility is the control, custody, or supervision of persons detained and incarcerated, including correctional officers, deputy sheriffs, correctional/jail supervisors, shift commanders, chiefs of security, assistant wardens. and wardens. Transportation officers and others providing control, custody, or supervision of inmates who are temporarily outside the maintaining facility are also eligible. Employees, officers, and contractual staff whose primary responsibility is providing noncustocly services to the facility or its inmate population are not SCAAP eligible, including office and secretarial support, administrative, housekeeping, maintenance, food, health, education, training, vocational, counseling, and medical staff. Staff who function independently or outside the correctional facility, including parole and probation agents. hearing officers, court commissioners, judicial, prosecutorial, and public defenders. warrant and apprehension units, and others are not eligible. Correctional Officer Salary Calculation Salary information reported in the SCAAP application must reflect the total salaries and wages pad to full- and part-time correctional officers and others who meet the SCAAP definition. The reported sum should total the jurisdiction's actual salary expenditures for the reporting period, not an estimate or average. Correctional officer salary costs may include premium pay for specialized service, shift differential pay, and fixed-pay increases for time in service. It may also include overtme 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 SCARP system, dividing the jurisdiction's `total all inmate days into the 'Vital correctional officer salary costs." During the FY 2007 reporting period, jurisdictions reported an average per diem cost of $30.30. 13JA may require documentation to validate per diem costs or impose limits on the costs. SCAAP Award Calculation Once SCAAP data has been validated and analyzed, applicants will receive e-mail notification that awards are ready for online acceptance and drawdown. Formal acceptance of an award via GMS is necessary for the electronic transfer of funds into the applicant's bank account of record. Applicants have 45 calendar days to accept awards through GefIS 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 cata 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 tote ed then multiplied by the applicant's per diem rate to derive the total correctional officer salary costs for eligible and unknown inmate days. The percentage used for unknown days is determined by a sliding scale. cities 60 percent; states 65 percent: arid counties 80 percent of their total unknown inmate days. 4. The value of each applicant's correctional officer salary costs associated with its eligible and credited unknown inmate days are totaled. This total value reflects the maximum amount for SCAAP reimbursement. A percentage factor is used to reflect the relationship between the maximum reimbursable salary costs and the appropriation. For FY 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 invalid inmate records and the annual appropriation. Both the SCAAP system and BJA check for variances from prior year submissions for correctional officer staffing and salary levels, total bed count, and number of total inmate days. FY 20G9 SCAAP Guidelines and Applicatidn Page 4 PART II: Aoolying for FY 2009 SCAAP Funds FY 2009 Reporting Period The FY 2009 SCAAP reporting period is from July 1.2007 through June 30, 2008. FY 2009 Registration and Application Deadlines Applications w,11 be accepted through the online Grants Management System (GMS) beginning April 6. 2008, and ending at 5:00 p.m e t. on May 12, 2008. GMS Application Process The SCAAP Catalog of Federal Domestic Assistance (CFDA) number is 16.606. For questions or concerns at any point in the GMS process, cal the SCAAP Help Desk at 1-202-353-44'1. 1. Access GMS at tiepseelrants ojo usdolacv. 2. If you already have a GMS user ID, proceed to the GMS sign in. Even if your organization already has a user ID, you will not be considered registered for the solicitation until you have signed on to GMS and entered me appropriate solicitation. 3. If you do not have a GMS user ID, select New User? Register Here. After you have eompetee all of the required information, click "Create Account" at the bottom of the page and to note your user ID and password, which are case sensitive. Within a few days, BJA will send an e-mail confirmation to newly registered applicants that their user ID and password have been approved and they are eligible to submit an application. 4. Beginning October 1, 2003, a Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) number must be included in every application for a new award or renewal of an award. The DUNS number will be required whether an applicant is submitting an application on paper, through OJP's Grants Management System, or using the governmertwide electronic portal (Grants. goy). An application will not be considered complete until the applicant provides a valid DUNS number. Organizations should verify that they have a DUNS number or take the steps necessary to obtain one as soon as possible. Applicants can receive a DUNS number at no cost by calling the dedicated toll-free DUNS number request line at 1-800-333-0505. 5. After you have logged onto the system using your user ID and password, click on "Funding Opportunities." 6. Select tne "Bureau of Justice Assistance" from the drop-down list and click "Search." Thz will narrow the Itt of solicitations within the Office of Justice Programs to those in BJA. 7. From the list of BJA grants, find "State Criminal Alien Assistance Program" and click "Apply Online. 8. Confirm that your organization is eligible to apply for this program by reading the text on the screen. If eligible, proceed by clicking "Continue.' 9. Once you have reached this point, you are considered successfully registered, Online Inmate Data Reporting Process Select the file upload process below that best meets your needs. While you may change the method prior to submitting the completeu application to BJA, note that the change from one process to another will overvvrile and delete all previous inmate record submissions. • Direct File Upload: The direct file upload function allows you to submit Inmate database records in a single ASCII-formatted file directly into GMS. File uploads must contain the mandatory data fields in the required format. File uploads that do not include the necessary information will be considered incomplete FY 2009 SCAM' Guidelines and Application Page 5 and not eligible SCAAP funding. The SCAAP system provides you with an opportunity to correct files or add missing data prior to finalizing the application. • Direct Data Entry: The direct data entry function allows you to manually enter inmate data directly into an online inmate data template, instead of creating a separate ASCII file. This approach may be best suited for jurisdictions with smaller facilities or small criminal alien populations. Drop-down menus are provided for selecting incarceration dates, date of birth, and country of birth (complete country names are listed). During the file upload process. a red flashing bar wilJ 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 fife 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 tile upload process, your Internet browser times out or is disconnected, your inmate file upload may not be complete. It is important that you check the "File Upload Status Report" and verify that all of your inmate records have been uploaded. When initiating a file upload, there is an approximate 10 second start-up delay. Once the file upload has actually begun. the estimated times for file uploads: 300 inmate records = less than 1 minute; 7,800 inmate records = 3 minutes; 54.600 inmate records = 15 minutes. Technical System Requirements Internet access is required to apply for SCAAP funding. Generally, Netscape Communicator 4,7 and Internet Explorer 5.5 are the earliest versions of the respective Internet browsers that may be used for successful SCAAP application system access. Contact your agency network administrator to determine if an internal firewall or agency Internet security system may be preventing direct access to the application system, or contact the GMS Help Desk for information regarding correct port settings. If you are a prior SCAAP user, the browser bookmark may not work properly and an attempt to access the SCAAP application site may generate a message advising tnat the 'page cannot be displayed." Delete the bookmark and manually type the URL into the browser address line, Internet User Accounts Government officials from the applying jurisdictions must establish the OJP GMS user accounts for SCAAP. Non-government officials may not establish user accounts on behalf of applying jurisdzbons. 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 Res ubmissions BJA may return a submitted application with incomplete or inaccurate data to the applicant for corrections, and will notify both the CEO and the SCAAP contact, via the e-mail address of record, that their application needs to be corrected and resubmitted by a certain date to be considered for SCMP funding. FY 2009 SCAAP Guidelines and Application Page 6 Certifications Page 1 of 3 • NOTE: Yo.u_inust click on the "Accept': button at the bottom of the page before closing_thil_window h >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 citec below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Acceptance of this form provides for compiiance with certification requirements under 28 CFR Part 69, New Restrictions on Lobbying." 2 CFR Part 2867, "DOJ Implementation of OMB Guidance of Nonprocurernent Debarment and Suspension," and 28 CFR Part 83, ''Government-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 28 CFR Part 59, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the making of any Federal grant, tne entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement. the undersigned shall complete and submit Standard Form - LLL. "Disclosure of Lobbying Activities." in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION. AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 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 principais: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federa: court, or voluntarily excluded from covered transactions by any Feoeral 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 witn obtaining, attempting to obtain, or performing a publ:c (Federal, State, or local) transaction or contract under a public transact)on; violation of Federal cr State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (e) 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 file://C:\Documents and Settines\cunnin2hamd\Loca1 Settings\Temboirani Internet Files\0,., 10/7/2009 • . • Certifications Page 2 of 3 • (d) Have not within a three-year period preceding this application had one or more public transactions (Federal. State, or local) terminated for cause or default. B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3 DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 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 statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions That will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties net may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk. 810 7th Street, NW., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance o" rehabilitation program approved for such purposes by a Federal. State, or local health, law enforcement, or other appropriate agency; (9) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b). (c), (d), (e), and (f). file://C:\Doeuments and Settings\cunningharnd\Local Settineffemporary Internet Files\O.,. 10/7/2009 . • • Certifications s• Page 3 of 3 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Accept file://CADoennients and Settings\cunningharnd\T flea] SettintYs\Ternnorary Tnternet Files\(')... 10/7/701)9 Assurances . Page I of OMB APPROVAL NUMBER 1121-0140 EXPIRES 06/30/2009 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements) The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application 2 It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or preset its the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give tne awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. '4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38,42, 61, and 63, and the award term in 2 C.F.R. § 175.15(b). 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 US C. § 4321). 6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.0 § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U S C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C, §§ 6101-07); see Ex. Order 13279 (equal Protection of the laws for faith-based and community organizations). 7. If a governmental entity: a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b.it w ill comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Close Window ) Offici Seal of . file://CI\Documents and Settings\ettnninghamd\Local Settingsliemporary Internet Files\O... 1017/2009 FISCAL NOTE (MISC. 109266) November 12, 2009 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE — GRANT YEAR 2009 STATE CRIMINAL ALIEN ASSISTANCE 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 Sheriffs Office $72,448 in reimbursement funding for its State Criminal Alien Assistance Program. 2. The reimbursement period for Grant Year 2009 is July 1, 2007, through June 30, 2008. 3. No County match is required. 4 The Grant Year 2009 funding represents a 3% increase from Grant Year 2008 grant award of $70,412. 5. The Sheriffs Corrective Services revenue FY 2009 Budget reflects an anticipated award of $82.000. 6. No budget amendment is recommended, as this is a 2009 reimbursement award, which offsets the expenses incurred in FY 2009 for this program. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Potter and Coulter absent. Resolution #09266 November 12.2009 Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: CapeIlo, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen. Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack. Bullard, Burns. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson. Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 12,2009, wIth the original record thereof now remair$ing 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 12th day of November, 2009. t Ruth Johnson, County Clerk