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HomeMy WebLinkAboutResolutions - 2002.03.27 - 26893MISCELLANEOUS RESOLUTION #02078 March 28, 2002 BY: PUBLIC SERVICES COMMITTEE, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS — PERFORMANCE GRANT AGREEMENT FOR FY 2002 ACCEPTANCE TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has awarded Oakland County Emergency Response and Preparedness grant funding in the amount of $43,652 for the period of October 1, 2001, through September 30, 2002; and WHEREAS Emergency Management was notified of available grant funding via letter dated February 6, 2002, as attached; and WHEREAS this is the 30 th year of grant acceptance for this program; and WHEREAS the purpose of the program is to encourage the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and local governments; and WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-through of Federal funds for which no County match is required; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process subject to approval of the Department of Corporation Counsel and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan in the amount of $43,652 for FY 2002. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES C07:27EE Public Services Committee Vote: Motion carried unanimously on a roll call vote with Galloway an Coleman absent! Gail Novak From: givensg@co.oakland.mi.us Sent: Thursday, March 07, 2002 3:41 PM To: VanLeuvenj; Novak, Gail Cc: Pearson, Linda Subject: CONTRACT REVIEW - EXECUTIVE OFFICE / EMERGENCY MANAGEMENT RE: CONTRACT REVIEW - EXECUTIVE OFFICE / EMERGENCY MANAGEMENT FY 2002 Emergency Management Performance Grant - Contract 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: I approve.- Jeff Pardee Personnel Department: I approve. - Judy Eaton Risk Management and Safety: Approved. No modifications. - Stan Fayne Corporation Counsel: After reviewing the materials for this Grant, I have found one problem-the "Limitation of Liability" section of the grant. I understand that this grant is only $43,000.00, but the limitation of liability is ridiculous. The limitation of liability states the State of Michigan and the Michigan State Police will not be responsible for any damages incurred by the County as a result of the "Subgrantor's" [the State] actions. Furthermore, the State wants us to hold them harmless for any judgements incurred by the County for any activities described in the Grant. I would, at the minimum, like to call the state and attempt to water down the above the language. - Jody Schaffer With the noted above concerns from Corporation Counsel, 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 now 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 1 EXECUTIVE SUMMARY OAKLAND COUNTY EMERGENCY RESPONSE AND PREPAREDNESS PERFORMANCE GRANT AGREEMENT 2001/2002 BACKGROUND The Emergency Management program provides for the planning, response, recovery and mitigation for natural, technological, nuclear emergency and/or disaster situations. Originated as part of the old federal civil defense program, activities in Oakland County now includes the Early Weather Warning Program, Emergency Operations Center (EOC) exercises, plan development, information and education and critical incident stress debriefing. The Federal Emergency Management Agency (FEMA) provides the State of Michigan, through the Michigan State Police Emergency Management Division, funds through a performance grant for state and local programs. In order to continue to receive funds, Oakland County Emergency Response and Preparedness is required to maintain compliance with state and federal emergency management program requirements. The State of Michigan Emergency Management Division, as the designated grantee, enters into grant agreements with locals annually. GRANT The purpose of the Emergency Management Performance Grant (EMPG) program is to encourage the development of comprehensive disaster preparedness and assistance plans, programs, capabilities and organizations. States are required to use the funds according to Title VI of the Stafford Act. Financial and technical assistance is provided to support efforts to improve emergency response capabilities. Oakland County has received funding since 1972 and the revenue anticipated is included annually in the Oakland County budget. This is the third year the grant is coming before the Board of Commissioners for review and approval (Per Miscellaneous Resolution #99252). The grant period is from October 1, 2001, to September 30, 2002, and is one-year, federal pass through funding. The lateness in the approval is due to the Federal appropriation delay to the State. 2/25/02 011 PRINIF EOM nArin STATE OF MICHIGAN JOHN ENGLER. Governor DEPARTMENT OF STATE POLI COL. MICHAEL D. ROBINSON. Director February 6, 2002 EMERGENCY MANAGEMENT DIVISION 4000 COLLINS ROAD P.O. BOX 30636 LANSING. mus.909-8136 ratID C E.t3-2-4‘ FEB 1 3 Z002. RESPO EMERGENCY NSE P S Dear Emergency Management Coordinator: The Federal Emergency Management Agency (FEMA) provides federal funds through the Emergency Management Performance Grant (EMPG) Program for state and local emergency management programs. As the designated grantee for EMPG funding in Michigan, the Emergency Management Division (EMD) enters into grant agreements with local emergency management programs each year. Please note that the Catalog of Federal Domestic Assistance (CFDA) Number for the ElVIPG program is 83.552. Enclosed please find two copies of the FY 2002 Emergency Management Performance Grant Agreement for you-r jurisdiction. Please obtain the necessary signatures on this agreement. Retain one signed agreement for your office files and return one to the Emergency Management Division office in Lansing. Complete and sign the Summary Sheet for Assurances and Certifications (FEMA Form 20-16) and all other appropriate certification and assurance forms. All subgrantees are required to submit Assurances-Nonconstruction Prograrris (FEMA Form 20-16A) and Certification Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements (FEMA Form 20-16C). Complete the Disclosure of Lobbying Activities form (SF LLL) only if it applies to your jurisdiction. Because of changes in the Single Audit Act, we are requesting information to establish criteria for single audit reporting. Please have the enclosed State of Michigan Audit Certification form completed regarding this issue. Return the signed forms to the address indicated on the enclosed EMPG Grant Forms Checklist. We cannot reimburse you for any expenditures until we have received your signed grant agreement and all other required forms mentioned above. The total FY 2002 budget for federal EMPG pass-through funds is $1,700,000. The total award for your program for FY 2002 is noted in paragraph IV (Emergency Management Performance Grant Award) of the EMPG Grant Agreement for FY 2002. Reimbursement for your EMPG program is contingent upon completion of the activities in the signed Emergency Management Work Plan. Four copies of the quarterly billing form are enclosed for your use. In order to remain eligible for EMPG funding, you must maintain current and adequate plans and meet exercise requirements. If a work activity is not completed in the designated quarter, you may not be reimbursed until the work is completed. The Emergency Management Division District Coordinators may make recommendations on reimbursement, but final approval remains with the Deputy State Director of Emergency Management, who may or may not approve a delay Tri -the completion of the activity. If you have not completed the work activities (for which funds have been withheld) by the end of the fiscal year, you may forfeit those funds in addition to any supplemental funds. A PROUD tradition of SERVICE through EXCELLENCE. INTEGRITY, and COURTESY. erely, HN ORT, CAPTAIN eputy State Director of Emergency Management Page 2 February 6, 2002 You may utilize the specific award you will be receiving in any eligible cost category you think would be the most effective in your jurisdiction. All eligible costs should be accounted for and reported to this division even if they exceed your award. These additional costs will be considered for funding if supplemental EMPG funds become available from FEMA. This information also will assist EMD in reporting total emergency management expenditures to Congress and the State Legislature. As a recipient of funding from FEMA, you are responsible for the management and fiscal control of all funds. These responsibilities include accounting for receipts and expenditures, maintaining adequate financial records, and refunding expenditures disallowed by federal or state audit. In accordance with federal requirements; you must retain all financial records, supporting documents, statistical records, and all other records pertinent to the EMPG program for at least three years after your final grant report, for purposes of federal examination and audit. You must also comply with the Single Audit Act of 1984, as amended, and Office of Management and Budget Circular A-133, as revised. If you have questions about your grant agreement or payments, please contact Sandy Glazier at (517) 333-5047, or Joel Pepper at (517) 336-2039. You may also contact either of the above through their State of Michigan email addresses at GlazierS@michigan.gov or PepperJnichigan.gov or at the mailing address listed on the letterhead. JO:JPP:dw Attachments State of Michigan EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) AGREEMENT FOR FY 2002 October 1, 2001 through September 30, 2002 siyArEam-si This Emergency Management Performance Grant (EMPG) Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management Division, hereinafter called the Subgrantor, and OAKLAND COUNTY EMERGENCY MANAGEMENT Hereinafter called the Subgrantee. I. Purpose The purpose of this agreement is to provide federal Emergency Management Performance Grant (EMPG) funds to the Subgrantee for the development and maintenance of an emergency management program capable of protecting life, property, and vital infrastructure in times of disaster or emergency. Objectives The principal objective of this agreement is to provide financial assistance for the development and maintenance of an effective, integrated emergency management organization in the Subgrantee's political jurisdiction so that the Subgrantee can: A. Achieve and maintain effective operational capabilities based on the ability to recruit, develop, and retain the necessary personnel to ensure well-trained, experienced professionals and specialists for key positions. B. Plan, train, exercise, and evaluate capabilities to ensure adequate response to natural or technological emergencies or disasters, including the consequences of terrorism. C. Support federal and state efforts to protect lives and prevent the loss of property from all hazards, reduce human suffering and enhance recovery of communities after a disaster strikes, and ensure the public is served in a timely and efficient manner. D. Develop and maintain hazard identification and risk reduction through mitigation activities. Legal Authority The Subgrantee agrees to comply with all EMPG program requirements in accordance with the Michigan Emergency Management Act, Act 390, P.A. of 1976, as amended, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, Emergency Management and Assistance Regulations (44 CFR), Office of Management and Budget Circulars A-87, A-102 and A-133, as revised, the Michigan State Administrative Plan and applicable state and federal laws and regulations. IV. Emergency Management Performance Grant Award For FY 2002 the total EMPG award for the Subgrantee is $43,652. Because it is dependent upon the level of federal funding for the EMPG program, the award may be reduced if the level of federal funding is decreased. The Subgrantee's EMPG program budget, documented on the Local Budget for Emergency Management Performance Grant (EMPG) (form EMD-17), is incorporated into this agreement as Attachment A. This grant agreement designates EMPG funds for the administration and oversight of an approved emergency management program. Grant agreement funds shall not be used for other purposes. The Subgrantee may utilize grant funds in any eligible cost category (except construction) it determines to be the most effective for its emergency management program. The funds awarded in the grant agreement shall only be used to cover allowable costs that are incurred during the agreement period. Federal funds cannot exceed 50% of eligible costs. This award is contingent upon the Subgrantee's expenditure of at least 50% of the costs of the emergency management program, from non-federal sources. Page 1 of 4 FY 2002 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY V. Responsibilities of the Subgrantee The Subgrantee agrees to complete quarterly work activities identified in its Emergency Management Work Agreement (EMD-31). That report is incorporated into this agreement as Attachment B. The Subgrantee also agrees to comply with all applicable federal and state regulations, specifically including the following: A. Enact enabling legislation establishing the local emergency management program and ensure a copy of the local resolution or ordinance is on file with the Subgrantor. B. Appoint an emergency management program manager who is able to assume responsibility for the following functions, either personally or through officers: 1. Development and maintenance of programs and systems for effective coordination of community resources in all phases of emergency management: mitigation, preparedness, response and recovery. 2. Planning and preparation for population protection, including evacuation and sheltering. 3. Planning and preparation for its appropriate role in response to emergencies and disasters. 4. Exercising the emergency operations plan of the jurisdiction. 5. Emergency management training. 6. Response and recovery from disasters. 7. Promoting public awareness of hazards and encouraging family and individual preparedness. 8. Identifying and implementing measures to mitigate the negative impact of disasters and emergencies. C. Provide Subgrantor with a current organizational chart and complete job descriptions for all federally funded EMPG employees, including non-EMPG duties. D. Notify the Subgrantor of any changes in personnel for all positions funded under the EMPG. E. Submit this signed annual EMPG agreement, including all attachments, to Subgrantor. F. Satisfactorily complete all work activities identified in the Emergency Management Work Agreement (EMD-31) as scheduled. G. Submit an updated Exercise Plan and complete annual exercise activities as specified in the Subgrantee's emergency management annual work agreement. H. Ensure all EMPG funded employees complete specific training classes as required by the Emergency Management Training Manual for FY 2002. I. Have on file with the EMD District Coordinator an approved and current emergency operations plan. J. Provide a copy of current local travel regulations to the Subgrantor. If there are no written local travel regulations, State of Michigan travel regulations will be in effect. K. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit. L. Submit the appropriate forms for reimbursement of eligible expenses to the appropriate District Coordinator on a quarterly basis. All eligible costs should be accounted for and reported to the Subgrantor, even if they exceed the allocation. The Subgrantor will consider these additional costs for funding if supplemental EMPG funds become available M. Retain all financial records, supporting documents, statistical records, and all other records pertinent to the EMPG program for at least three years after your fmal grant report, for purposes of federal or state examination and audit. N. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and Office of Management and Budget Circular A-133, as revised. 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. 0. Comply with all items included in Parts I and III (and IV, if applicable) of the Summary Sheet for Assurances and Certifications (FEMA Form 20-16). That document and all applicable attachments are incorporated into this agreement as Attachment C. VI. Responsibilities of the Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this agreement, will: A. Administer the EMPG program in accordance with the State of Michigan Administrative Plan for the EMPG program and all applicable federal and state regulations and guidelines. Page 2 of 4 FY 2002 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY B. Reimburse the Subgrantee in accordance with this agreement in an amount not to exceed 50% of allowable expenditures up to the Subgrantee's total EMPG award based upon appropriate reports, records, and documentation submitted by the Subgrantee. Quarterly reimbursements will be limited to one quarter of the annual award or the amount of the quarterly billing, whichever is less. C. Provide direction, training, and technical assistance to the Subgrantee. D. Provide any special report forms and reporting formats required by the Subgrantor for operation of the program. VII. Payment and Reporting Procedures A. The Subgrantee agrees to prepare the Quarterly Billing Form and submit it to the appropriate District Coordinator no later than 20 days following the end of the first through third quarters, and within 45 days following the end of the fourth quarter. B. If the Subgrantee submits an incomplete or late quarterly billing report to the District Coordinator, the billing will be returned to the Subgrantee. The Subgrantee may resubmit this billing during the next billing cycle. The Subgrantor may reimburse the Subgrantee for this billing in addition to the billing for the current quarter. C. The Subgrantee agrees to prepare Emergency Management Quarterly Reports (EMD-31) and submit them to the appropriate District Coordinator no later than 20 days following the end of the first through third quarters and within 45 days following the end of the fourth quarter. Reimbursement of expenditures by the Subgrantor is contingent upon the Subgrantee's completion of scheduled work activities. D. If the Subgrantee fails to complete the scheduled work activities during a quarter, the Subgrantor will withhold reimbursement until either the work is completed or the Deputy State Director of Emergency Management approves a delay in the completion of the activity. If scheduled work activities are not completed by the end of the fiscal year (September 30, 2002), any balance of the EMPG award may be forfeited. The Subgrantee may also be ineligible for supplemental EMPG funding. E. A Subgrantee that fails to complete the annual exercise requirement as scheduled within FY 2002, may be ineligible for EMPG funding for that quarter and all remaining quarters of FY 2002, any potential supplemental payments for FY 2002, and all subsequent quarters until the quarter when the qualifying exercise is completed. F. The Subgrantee agrees to return to the Subgrantor any unobligated balance of funds held by the Subgrantee at the end of the 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 220, 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, 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 this 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). The Davis-Bacon Act is a law that requires federal construction contractors to pay their workers the "prevailing wage" based on the local union wage scale defined by the Department of Labor. The provisions of the Davis-Bacon Act do not apply to state or local contracts using federal assistance funds under this Grant Agreement. IX. Limitation Of Liability The State of Michigan and the Michigan State Police and their organizational units, officers, agents, and employees shall not be liable to Subgrantee, or to any individuals or entities with whom the Subgrantee contracts for any direct, indirect, incidental, consequential or other damages sustained or incurred as a result of activities, actions or inaction on the part of the Subgrantor for services rendered pursuant to this Grant Agreement. Any liability resulting from activities engaged in by the Subgrantee shall be the sole responsibility of the Subgrantee. Subgrantee agrees to hold the State of Michigan and the Michigan State Police and their organizational units, officers, agents, and employees harmless in the event of any judgment incurred as a result of the activities described in this Grant Agreement. Page 3 of 4 FY 2002 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY 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. Agreement Period This agreement is in full force and effect from October 1, 2001, through September 30, 2002. This 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 agreement shall be incurred before October 1, 2001. This 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 agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not authorized for use. XII. 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 2 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 Local Appointing Authority: Printed Name Signature For the Local Emergency Program Manager: Printed Name Signature For the Subgrantor: John Ort,aptain Deputy State Director of Emergency Management Title February 6, 2002 Date 102 Date Date Page 4 of 4 FISCAL NOTE #02078 March 28, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - PERFORMANCE GRANT AGREEMENT FOR FY 2002 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. Oakland County Emergency Management has been awarded grant funding by the State of Michigan EMPG/FEMA, Grant No. EMPG CFDA #83.552, for State funds in the amount of $43,652 for the development and maintenance of an effective operational emergency management program capable of protecting life, property, and vital infrastructure in times of emergency. 2. This is the 30 th year of grant acceptance for this program, the project consists of effort to plan, train, exercise, and evaluate capability and response readiness. 3. The FY 2002 total award represents a reimbursement for a portion of salaries and is a pass-through of Federal Funds for which no County match is required. 4. The grant agreement has been processed through the County Executive Contract Review Process, and the Board of Commissioners Grant Acceptance Procedures, subject to ratification by the Oakland County Board of Commissioners. 5. Grant Funding is anticipated for FY 2003 in the amount of $43,652. 6. The Fiscal Year 2002 General Fund Budget for County Executive- Emergency Preparedness should be amended, as specified below, to recognize the revenues of the Performance Grant Agreement for FY2002 Acceptance for the period of October 1, 2001 through September 30, 2002 as follows: Revenue 1-11-101111-65001-0110 Disaster Ctr. Fed. Sub. Expense 2-90-290000-25000-2564 Contingency FY 2002 FY 2003 $43,652 $43,652 $43,652 $43,652 $ -0- $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Patterson absent. Resolution #02078 March 28, 2002 Moved by Middleton supported by Douglas the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Amos. (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 March 28, 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 28 th day of March, 2002. G. William Caddell, County Clerk