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HomeMy WebLinkAboutResolutions - 2002.07.18 - 26824Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. FsUBLIVSERVICES COMMITTEE MISCELLANEOUS RESOLUTION #02167 July 18, 2002 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: COUNTY EXECUTIVE EMERGENCY RESPONSE AND PREPAREDNESS — STATE DOMESTIC PREPARDNESS EQUIPMENT GRANT (SDPEG) TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of State Police, Emergency Management Division, has received funding through a federal grant to provide equipment to local governmental agencies for emergency response; and WHEREAS Oakland County conducted a Needs Assessment for the State in 2001 for future grant funds in accordance with the Michigan Three-Year Domestic Preparedness Strategy; and WHEREAS Oakland County is on a list of eligible jurisdictions for funding at a maximum of $164,755 based on the assessment; and WHEREAS the purpose is to provide funds for the purchase of specialized emergency response equipment that will enhance the basic defensive capabilities of the County to respond to an incident of domestic terrorism or incident involving weapons of mass destruction; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the grant funding from the State of Michigan in the amount of $164,755. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Public Services Committee Vote: Motion carried unanimously on a roll call vote with McPherson, Obrecht, Garfield and Galloway absent. Linda Pearson From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Tuesday, June 18, 2002 9:41 AM To: VanLeuvenj; Novak, Gail; Pearson, Linda; lannucci, Steven Subject: CONTRACT REVIEW - EMERGENCY MANAGEMENT RE: CONTRACT REVIEW - EMERGENCY MANAGEMENT REVISED SIGN OFF GRANT NAME: FY 2002 State Domestic 'Preparedness Equipment Grant FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Steve Iannucci / 85323 STATUS: Acceptance DATE: June 4, 2002 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Department of Management and Budget: Approved - Laurie Van Pelt (4/24/2002) Personnel Department: I approve with a reminder that the EEO plan must be submitted to the Department of Justice within 60 days of the award. - Judy Eaton (4/17/2002) Risk Management and Safety: Approved. - Stan Fayne (4/17/2002) Corporation Counsel: REVISED In April, after reviewing this grant contract, I indicated that provided the language proposed by the attorney general's office was substituted for the then-current language on limitations of liability, this grant contract did not appear to present any other significant legal issues that required additional action or resolution. The State Police agreed to change the contract language according to the suggestions of the AG's office and sent a revised to contract to the County for review. Since we are in receipt of a contract in which the section on limitations of liability has been changed and the language is acceptable, there appear to be no other legal issues that require further action or resolution. - Karen Agacinski (6/17/2002) Please note the comments from Personnel. 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 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. Greg Givens, Supervisor Grants Administration Unit Fiscal Services Division OAKLAND COUNTY EMERGENCY RESPONSE AND PREPAREDNESS EXECUTIVE SUMMARY STATE DOMESTIC PREPAREDNESS EQUIPMENT GRANT 2002 BACKGROUND The threat of biological and chemical attacks to the United States population is increasing. With the event of 9/11 and anthrax incidents, more than at any other time in history, terrorists may act on a variety of motives. They have easy access to weapons of mass destruction including an assortment of chemical or biological agents. A release of an agent strategically placed in a location where a large number of people are present or pass though, could have a tragic affect. Our community's emergency responders have had training in hazardous materials ranging from first responder awareness to operational level response at the technician and specialist levels. However, special protection, detection, and other equipment are required to enable a safe response to such incidents. GRANT In 1999, Oakland County received funding in a maximum amount of $300,000. The grant funded personal protection, detection, and communication equipment to enhance local basic defensive capabilities. An Oakland Needs Assessment was conducted for the State in 2001 for future grant funds in accordance with the Michigan Three-Year Domestic Preparedness Strategy. The Michigan Department of State Police, Emergency Management Division, submitted the Strategy to the Department of Justice and this year has received funding through a federal grant to provide equipment to city and county governmental agencies for emergency response. Oakland County is on a list of eligible jurisdictions to receive pass-through funding at a maximum of $164,755. 6/17/02 State of Michigan FY 2000 STATE DOMESTIC PREPAREDNESS EQUIPMENT GRANT AGREEMENT February 4,2002 through December 31, 2002 CFDA Number - 16.00'71 This State Domestic Preparedness Equipment Grant (SDPEG) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management Division, hereinafter called the Subgrantor, and County of Oakland hereinafter called the Subgrantee. I. Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the Subgrantee for the procurement of specialized emergency response equipment that will enhance the basic defensive capabilities of the state to respond to an incident of domestic terrorism or incident involving weapons of mass destruction. Grant funds are allocated in accordance with the Michigan Three-Year Domestic Preparedness Strategy. II. Objectives The principal objectives of this Grant Agreement are to provide financial assistance: A. For the purchase of specialized equipment to enhance the capability of state and local agencies to respond to incidents of terrorism involving the use of chemical and biological agents, as well as radiological and explosive devices. B. To ensure standardization and interoperability of the specialized equipment. III. Legal Authority Funding for Fiscal Year 2000 is authorized by Public Law (P. L.) 106-113. The Subgrantee agrees to comply with all program requirements in accordance with the SDPEG, Office of Management and Budget Circulars A-87, A-102, and A-133, and applicable state and federal laws and regulations. IV. State Domestic Preparedness Equipment Grant Award Amount and Restrictions The total SDPEG AWARD for the Subgrantee is $164,755. This Grant Agreement designates SDPEG funds for the purchase of items listed on the Fiscal Year 2000 and 2001 Authorized Equipment Purchase List. Grant Agreement funds shall not be FY «FY» SDPEG Agreement Between The State of Michigan and County of Oakland used for other purposes. The funds awarded in the Grant Agreement shall only be used to cover allowable costs that are incurred during the Grant Agreement period. The funds must supplement, not supplant, state or local funds. The Subgrantee is not required to provide any matching funds under this grant program. The Fiscal Year 2000 and 2001 Authorized Equipment Purchase List is incorporated by reference into this Grant Agreement. V. Responsibilities of the Subgrantee The Subgrantee agrees to comply with all applicable federal and state regulations, specifically including the following: A. In addition to this SDPEG Grant Agreement, Subgrantee shall complete, sign, and submit to Subgrantor the following documents, which are incorporated by reference into this Grant Agreement: 1) Assurances (OW Form 4000/3) 2) Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (OW Form 4061/6) 3) Disclosure of Lobbying Activities (Standard Form LLL), if applicable 4) Audit Certification Form 5) Request for Taxpayer Identification Number and Certification, Form W-9 6) Other documents that may be required by federal or state officials. B. Comply with requirements to submit an Equal Employment Opportunity Plan, Attachment G, if applicable, to the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 5107, Washington, D.C. 20531 within 60 days of the date of this award. Failure to submit an acceptable Equal Employment Opportunity Plan (if Subgrantee is required to submit one pursuant to 28 CFR Section 42.302) that is approved by the Office of Civil Rights, is a violation of the Subgrantee's Certified Assurances and may result in funds from the award being frozen, until such time as the Subgrantee is in compliance. C. Obtain prior written approval from the Subgrantor before using grant funds to purchase items not on the Fiscal Year 2000 and 2001 Authorized Equipment Purchase List. The total grant amount will not be increased. D. Purchase approved supplies and equipment by December 31, 2002. An extension may be requested for extenuating circumstances on a case-by-case basis. E. Submit the Request for Reimbursement form and required documentation to the Subgrantor for reimbursement of eligible expenses by March 31, 2003. F. Comply with applicable financial and administrative requirements set forth in the current edition of "U.S. Department of Justice Financial Guide" including the following provisions: (1) Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit. (2) Retain all financial records, supporting documents, statistical records, and all other records pertinent to the SDPEG program for at least three years after the final grant report, for purposes of federal or state examination and audit. FY «FY» SDPEG Agreement Between The State of Michigan and County of Oakland (3) Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular, A-133, "Audits of States, Local Governments, and Non-Profit Organizations," as further described in OJP's "Financial Guide," Chapter 19. If an audit is required, submit a copy of the annual audit report to Financial Services Section, Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823. VI. Responsibilities of the Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the SDPEG program in accordance with all applicable federal and state regulations and guidelines. B. Provide direction and technical assistance to the Subgrantee. C. Provide any special report forms and reporting formats required by the Subgrantor for operation of the program. D. Reimburse the Subgrantee in accordance with this Grant Agreement based on appropriate documentation submitted by the Subgrantee. E. Conduct at least one on-site monitoring review with the Subgrantee to inspect equipment and fmancial documents. VII. Payment and Reporting Procedures A. The Subgrantee agrees to prepare the Request for Reimbursement Form and submit it to the Subgrantor with supporting documentation. The documentation requirement can be met by submitting an approved purchase order, invoice or sales receipt. A purchase requisition will not be considered sufficient for reimbursement. B. If the Request for Reimbursement was supported by a purchase order instead of an invoice or sales receipt, after the vendor has been paid, the Subgrantees shall also provide the Subgrantor with adequate documentation to show the items were received and the bills were paid. C. The Subgrantee agrees to return to the Subgrantor any unobligated balance of funds held by the Subgrantee at the end of the Grant Agreement period or handle them in accordance with the instructions provided by the Subgrantor. VIII. Employment Matters Subgrantee shall comply with the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Michigan Handicappers' Civil Rights Act, 1976 PA 200, as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Grant Agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his or her race, religion, color, national origin, age, FY «FY» SDPEG Agreement Between The State of Michigan and County of Oakland sex, height, weight, marital status, or handicap that is unrelated to the individual's ability to perform the duties of a particular job or position. Subgrantee agrees to include in every subcontract entered into for the performance of this Grant Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of the Grant Agreement. Subgrantee shall ensure that no subcontractor, manufacturer or supplier of Subgrantee on this Project appears in the register compiled by the Michigan Department of Labor pursuant to 1980 PA 278, as amended, MCL 423.321 et seq. (Employers Engaging in Unfair Labor Practices Act). IX. Limitation of Liability Subgrantor and Subgrantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. X. Third Parties This Grant Agreement is not intended to make any person or entity not a party to this Grant Agreement a third-party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. XI. Grant Agreement Period This Grant Agreement is in full force and effect from February 4, 2002 through December 31, 2002. This Grant Agreement consists of two identical sets that may be simultaneously executed, each of which shall be deemed to be an original having identical legal effect. No costs eligible under this Grant Agreement shall be incurred before the starting date of this Grant Agreement except with prior written approval. This Grant Agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the Grant Agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not authorized for use and Subgrantee shall have no further obligation to make payments. John Ort Deputy State Director of Emergency Management June 7, 2002 Date FY «FY» SDPEG Agreement Between The State of Michigan and County of Oaldand Entire Grant Agreement This Grant Agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents, and representations between Subgrantor and Subgrantee, whether expressed, implied or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amended except by written instrument executed by both parties prior to the termination date set forth in Paragraph XI above. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party. Subgrantee agrees to inform Subgrantor in writing immediately of any proposed changes of dates, budget, or services indicated in this Grant Agreement, as well of changes of address or personnel affecting this Grant Agreement. Changes in dates, budget or services are subject to prior written approval of Subgrantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. XIII. Official Certification The individual or officer signing this Grant Agreement certifies by his or her signature that he or she is authorized to sign this Grant Agreement on behalf of the responsible governing board, official, or agency. Subgrantee further certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this grant by any federal department or agency. If Subgrantee is unable to certify to any portion of this statement, Subgrantee shall attach to this Grant Agreement an explanation of the reason. For the Subgrantee: Printed Name Title Signature Date For the Subgrantor: Printed Name Title July 18, 2002 FISCAL NOTE (MISC. #02167) BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - STATE DOMESTIC PREPARDNESS EQUIPMENT GRANT (SDPEG) 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. Oakland County conducted a Needs Assessment for the State in 2001 for future grant funds in accordance with the Michigan Three-Year Domestic Preparedness Strategy. 2. The County Executive - Emergency Response and Preparedness Division has been awarded $164,755, for the purchase of specialized equipment. 3. The specialized equipment will enhance the capability of state and local agencies to respond to incidents of terrorism involving the use of chemical and biological agents, as well as radiological and explosive devices. 4. The grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. 5. The Fiscal Year 2002 budget should be amended, as specified below, to include the State Domestic Preparedness Equipment Grant (SDPEG) Grant Agreement for the period of February 4, 2002 through December 31, 2002 as follows: Revenue 1-11-276-100601-65001-0171 Grants State $164,755 Expense 2-11-276-200601-65001-9156 Capital Outlay $164,755 $ -0- FINANCE COMMITTEE Finance Committee Vote: Motion carried on unanimous roll call vote with Causey-Mitchell absent G. William Caddell, County Clerk Resolution #02167 July 18, 2002 Moved by Dingeldey supported by Webster the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 July 18, 2002, 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 18th day of July, 2002.