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HomeMy WebLinkAboutResolutions - 2010.08.04 - 10033August 4, 2010 MISCELLANEOUS RESOLUTION 10189 BY: Public Services Committee, Jim Runestad, Vice Chairperson IN RE: SHERIFFS OFFICE — 2010 MARINE SAFETY PROGRAM GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff's Office applied to the Michigan Department of Natural Resources for $251,886 in grant funding from Public Act 451 to conduct Marine Safety activities for the period January 1, 2010 through December 30, 2010: and WHEREAS the Michigan Department of Natural Resources awarded Oakland County with a grant in the amount of $240,090, which is an increase of $10,090 compared to the Calendar Year 2009 award; and WHEREAS a 25% County match is required and is available within the Sheriffs Department Budget; and WHEREAS program funding of $240,090 is awarded to reimburse Marine Safety operating expenses; and WHEREAS no additional positions are requested; the Marine Safety Unit has been significantly reduced; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of this program is contingent upon future levels of grant funding; and contractual agreements with requesting cities, villages, and townships. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Calendar Year 2010 Marine Safety Grant Award from the Michigan Department of Natural Resources in the amount of $240,090 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 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 Burns absent GRANT REVIEW SIGN OFF — Sheriff's Office GRANT NAME: 2010 Marine Safety Program FUNDING AGENCY: Michigan Department of Natural Resources & Environment DEPARTMENT CONTACT PERSON: Sergeant Matt Snyder STATUS: Grant Acceptance DATE: June 14,2010 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal rant 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 Siva 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 (6/14/2010) Department of Human Resources: Approved. — Cathy Shallal (6/8/2010) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (6/9/2010) Corporation Counsel: I reviewed the Grant Acceptance and APPROVE the same on behalf of Corporation Counsel. — Mary M. Mara (6/10/2010) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Michigan Natural Resources and Environments Protection Act 451 of 1994 b tto: //w ww gis latu re .mi .gov/(S(vldlbtvil3q11h3oftr.x40x-55))/mileg.aspx?page=GetObiect&obiectnarne cl -Act-451-of-1994 Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728-4763) hrtn://frwebeate.access.epo.eov/cei-bin/eetdoc.cei?dbname=browse_usc&docidite:-',-42USC4728 Mtn ://frweb eat e.access goo .govic ei-bin/getdoc.cgi?dbriame=browse_usc&docid ---C ite:+42USC4763 Office of Personnel Management Standards for a Merit System of Personnel Administration (5 CFR Part 900) https://www.opin .gov/fedregis/1997/62R33971.txt Title VII of the Civil Rights Act of 1964 (PI. 88-352) http://www.eeoc.2ovinolicvivii.html JENNIFER M. GRANHOLM GOVERNOR STATE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES & ENVIRONMENT LANSING REBECCA A HUMPHRIES DIRECTOR May 25, 2010 Sergeant Matt Snyder Oakland County Sheriff Department 1200 N. Telegraph Road, Bldg. 38 E Pontiac, MI 48341 Dear Sergeant Snyder: SUBJECT: 2010 Marine Safety Grant Agreement — Wages/CSS&M Enclosed are two copies of a grant agreement for the county's 2010 marine safety program. Funds may be used for boating safety education, marine safety patrols and related law enforcement activities, livery inspections, and program administration. No more than 30% of the funds may be used for CSS&M expenditures. Please read the agreement carefully. If the county agrees with the terms of the grant, fill in the contact person information, have both copies signed and dated, and return both documents to us at the address below no later than June 18, 2010. A fully-executed grant agreement, with original signatures, will be returned to you once it has been signed by the Department of Natural Resources and Environment (Department) and the State Administrative Board has approved the release of the funds. Also enclosed is a federal assurances form. Please read it carefully and have it signed by a person authorized to do so for the county. Make a copy for your records and return the form with original signature to Grants Management at the address below. Eighty-one of Michigan's 83 counties applied to the Department for participation in the Marine Safety program in 2010. As in the past few years, we calculated the average actual expenditures, as reported by each county, for the most recent three years that information was available (2006, 2007, and 2008). The actual expenditures may have been higher or lower than the grant award for each of these years. We then targeted 75% of the 3-year average or 75% of the amount requested as the grant amount for each county with a maximum of $230,000 and a minimum of $5,000. If you have any questions, please feel free to contact me by telephone, email, or at Grants Management, Michigan Department of Natural Resources and Environment, P.O. Box 30425, Lansing, Michigan 48909-7925. Sincerely, 1.,\AA/D7cct, Christie Bayus, Grants Payment OffiC Grants Management 517-335-2253 bayuscmichidan.eov CB:lh Enclosures cc: Sheriff Michael J. Bouchard Mr. Terry Jungel, Michigan Sheriffs' Association Lieutenant Andrew Turner, DNRE CONSTITUTION HALL • $25 WEST ALLEGAN STREET • P O. BOX 30473 • LANSING, MICHIGAN 48909-7973 www,michigan.govklnre • (300) 652-9278 Michigan Department of Natural Resources & Environment - Grants Management CFDA 97.012 BOATING SAFETY FINANCIAL ASSISTANCE 2010 MARINE SAFETY PROGRAM (FEDERAL AND STATE FUNDING) GRANT AGREEMENT Required by 1994 PA 451, as amended, and 1972 PA 227. This Agreement is between the Michigan Department of Natural Resources and Environment for and on behalf of the State of Michigan ("DEPARTMENT") and OAKLAND COUNTY ("GRANTEE"). 1. The GRANTEE has been approved by the DEPARTMENT to receive Marine Safety program funding for the following scope of work. Salaries, Wages and Benefits for: • Marine Safety Law Enforcement and Related Activities; • Instruction of Boating Safety Courses; • Inspection of Boat Liveries; •:* Attendance at Authorized Marine Safety Training (attendance at the Department's Annual Administrators' Workshop and the Michigan Sheriffs' Association's New Marine Officers Training are pre-authorized). Operating Expenses for the Scope Items Listed Above, including: • Purchase of fuel, oil, and parts for patrol vehicles, watercraft, and trailers; • Travel expenses; • Uniforms, personal flotation devices, boat shoes, etc.; • Leasing of vehicles, dockage, storage, eligible office space; • Boat repair, replacement and/or servicing of boat outfitting equipment. • Specific items approved for reimbursement include: 2. The percentage of the GRANTEE'S total budget devoted to operating expenses shall not exceed thirty percent (30%). 3. Federal funding is provided to state agencies under the authority of 46 U.S.C. 13103(a)(2) and (3). The State of Michigan has received a federal funding apportionment for fiscal year 2006 through the United States Coast Guard, Department of Homeland Security. From this federal funding the amount shown below is provided to the GRANTEE by the DEPARTMENT for the purpose of supporting the GRANTEE'S Marine Safety program. Single audit reports are to be provided to the Office of Internal Audit, Michigan Department of Natural Resources and Environment, P.O. Box 30028, Lansing, Michigan 48909. The DEPARTMENT agrees to reimburse the GRANTEE a sum of money equal to 100% of the total eligible costs toward completing the scope of work listed above, but not to exceed Eighty-Six Thousand Seven Hundred Sixty-Six ($86,766.00) dollars. There is no local match required for this reimbursement. The Agreement period for the federal funding is January 1, 2010 through September 30, 2010. 4. Part 801 Marine Safety, of the Michigan Natural Resources and Environmental Protection Act (1994 PA 451, as amended), authorizes the distribution of revenues to counties from the Marine Safety Fund, for the purpose of supporting county Marine Safety programs. State funding, in the amount shown below is provided to the GRANTEE by the DEPARMENT for the purpose of supporting the GRANTEE'S Marine Safety program. The DEPARTMENT agrees to reimburse the GRANTEE a sum of money equal to 75% of the total eligible costs toward completing the scope of work listed above, but not to exceed One Hundred Thousand ($100,000.00) dollars. Page 1 of 2 F'R5503 (Rev. 05t2412010) CAnt-fg—C451 2010 MARINE SAFETY PROGRAM (FEDERAL AND STATE FUNDING) GRANT AGREEMENT' A local match of at least 25% of total eligible costs is required for this reimbursement. The Agreement period for the state funding is January 1, 2010 through December 31, 2010. 5. This Agreement shall be administered on behalf of the DEPARTMENT through Grants Management All reports, documents, or actions required of the GRANTEE shall be submitted to the Grants Specialist, Grants Management, Michigan Department of Natural Resources and Environment, PO Box 30425, Lansing, MI 48909-7925. The GRANTEE'S contact person for this project is: Name: --1/1, A477— -S-4,1 4, CA.. Title: Mailing Address: h26,0 /U. E ga7.4-47: (/5 3 Phone Number: (-Y.6_.) y Fax Number Cc ile3) — .5-- 6. To receive reimbursement under this Agreement, the GRANTEE shall submit a completed State Aid Voucher (PR1929), Financial Report (PR1932) and detail sheets, along with required documentation of expenditures, to the DEPARTMENT. Completed forms and documentation of expenditures for federal funding are due September 1, 2011. Completed forms and documentation of expenditures for state funding are due April I, 2011. 7. The GRANTEE may not assign or transfer any interest in this Agreement to any other agency, group or individual. 8, The Agreement may be executed separately by the parties. This Agreement is not effective until: The GRANTEE has signed it and returned it, and The DEPARTMENT has signed it. The individuals signing for the parties indicated below certify by their signatures that they have the authority to do so and will ensure that the terms of the Agreement are fulfilled. GRANTEE SIGNED: WITNESSED: By: By: Printed Name: Printed Name: Title: By:, Date: Printed Name: MICHIGAN DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT SIGNED: WITNESSED BY: By: Title: Manager, Grants Management Date: PR55113 (Rev 0512012MOS OMB Approval No. 0345-0040 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Offce of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. 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. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Wit comply with the intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with at Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §168l- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L.. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 el seq.). as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles fl and lii of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 4248 (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-162 TITLE SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION DATE SUBMITTED 9, Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §327- 333), regarding labor standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pt. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (E0) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C, §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), ED 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (PL. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18, Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Standard Form 4248 (Rev. 7-97) Bac* FISCAL NOTE '101 89 August 4,2010 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE -2010 MARINE SAFETY PROGRAM 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 Sheriff's Office applied for $251,886 in total funding for the FY 2010 Marine Safety Program. 2. The Michigan Department of Natural Resources (MDNR) awarded the Sheriffs Office $186,766 for Marine Safety activities, consisting $86,766 in Federal funding and $100,000 in State funding. 3. The State requires a twenty-five percent (25%) County match, which equates to $53,324, and recognizes the Sheriffs Marine Safety expenses in the General Fund as grant match. 4. Sufficient funds for the grant match portion are currently budgeted in the Sheriffs Office budget for FY 2010. 5. The total program cost for FY 2010 is $240,090 (Federal Funds - $100,000; State Funds - $86,766; County Match - $53,324), which is $10,090 more than the prior year's total funding of $230,000. 6. No additional positions are required. 7. The grant period is January 1, 2010 through December 30, 2010 for the State and January 1,2010 through September 30, 2010 for the Federal. 8. The FY 2010 Adopted Budget currently reflects anticipated revenue of $200,000 in reimbursement for the Marine Safety Program. 9. The FY 2010 Budget is a amended to reflect the grant award as follows: GENERAL FUND (#10100) FY 2010 Revenue 4030601-116200-626619 Grants-State ($13,234) Total General Fund Revenue ($13,234) Expenditures 9090101-196030-730359 Contingency ($13,234) Total General Fund Expenditures ($13234) FINANCE COMMITTEE i / FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Greimel, Douglas and Coulter absent. Resolution #10189 August 4, 2010 Moved by Middleton supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Coleman, Coulter, Douglas, Gershenson, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. .11•nn I HEREBY 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 August 04, 2010, 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 4th day of August, 2010. eat Ruth Johnson, County Clerk