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HomeMy WebLinkAboutResolutions - 2003.11.20 - 27274MISCELLANEOUS RESOLUTION # 01324 November 20, 2003 By: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS — APPLICATION/ACCEPTANCE FOR 2003 ODP STATE HOMELAND SECURITY ASSESSMENT AND STRATEGY TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the Office of Domestic Preparedness State Homeland Security Grant Program Part II to support local jurisdictions with the established emergency management programs for activities associated with the completion of the 2003 ODP State Homeland Security Assessment and Strategy (SHSAS); and WHEREAS local jurisdictions are required to conduct assessments to assist the State of Michigan in developing a homeland security strategy that focuses on new approaches, organization, and procedures for preventing terrorist use of nuclear weapons, detecting chemical and biological materials and attacks, and improving response capabilities; and WHEREAS the Michigan State Police Emergency Management Division is requiring information from the emergency management programs regarding local risk, vulnerable areas, threats, and equipment shortfalls; and WHEREAS the Michigan State Police Emergency Management Division (MSP EMD) allocated funds for the project based on a tiered scale; and WHEREAS funds will be distributed to Oakland County for expenses up to, but not exceeding $20,000; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accept the grant funding from the State of Michigan in an amount up to $20,000. 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. 14,7 4 .0 PUBLIC SERVICES' COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote. Pam Worthington From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Wednesday, October 29, 2003 3:22 PM To:., Wedell, Harvey; Novak, Gail; Worthington, Pam Cc: Pearson, Linda; Frederick, Candace; Pardee, Mary Subject: CONTRACT REVIEW- Emergency Response and Preparedness CONTRACT REVIEW - Emergency Response and Preparedness GRANT NAME: 2003 ODP State Homeland Security Assessment and Strategy FUNDING AGENCY: Michigan Department of Police DEPARTMENT CONTACT PERSON: Gail Novak / 85080 STATUS: Application / Acceptance DATE: October 29, 2003 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 (10/28/2003) Personnel Department: Approved. - Ed Poisson (10/24/2003) Risk Management and Safety: Approval. - Gerald Mathews (10/28/2003) Corporation Counsel: I have reviewed the 2003 State Homeland Security Assessment and Strategy Grant Agreement. There are no legal issues that must be resolved before this Agreement is executed; therefore, the Agreement is approved. However, there are a few typographical errors in Section XIII, Business Integrity Clause. This Section refers to the "Agency" and "grantee". There is not an "Agency" or "Grantee" under this Agreement. The terms "subgrantor" and "subgrantee" should be inserted in place. Gail, I thought you could just point this out to the MSP. It is really not a big deal, but to be consistent throughout the Agreement, I just wanted to point this out. Let me know if you have any questions. - Jody Schaffer (10/29/2003) Please note the comment 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 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 JENNIFER M. GRANHOLM GOVERNOR STATE OF MICHIGAN DEPARTMENT OF STATE POLICE OAKLANDICOUNTY EMERGENCY MANAGEMENT COL TADARIACTSTURDIVANT DIRECTOR - 13 OCT 21 A8:47 October 17, 2003 Dear Emergency Management Coordinator: The Federal Department of Homeland Security (DHS) has provided federal funds through the FY2003 Office of Domestic Preparedness State Homeland Security Grant Program (SHSGP) to support the Local ODP State Homeland Security Assessment and Strategy (SHSAS) for local emergency management programs. As the designated grantee for OHS funding in Michigan, the Emergency Management Division (EMD) is authorized to enter into grant agreements with local emergency management programs. Limited funding of $1,155,000 has been allocated under the FY2003 Office of Domestic Preparedness State Homeland Security Grant Program (SHSGP) to support the Local ODP State Homeland Security Assessment and Strategy (SHSAS) for local emergency management programs. The total award for your program for FY 2003 is noted in paragraph IV of your FY 2003 State Homeland Security Grant Program State Homeland Security Assessment and Strategy Grant Agreement. Please note that the Catalog of Federal Domestic Assistance (CFDA) Number for the FY2003 Office of Domestic Preparedness State Homeland Security Grant program is 16.007. Enclosed please find two copies of the FY 2003 State Homeland Security Grant Program State Homeland Security Assessment and Strategy Grant Agreement for your 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. Also complete, sign and return the following forms to our office with your signed grant agreement by November 30. 2003: • Assurances (OJP Form 4000/3) • Certifications Regarding Lobbying; Disclosure of Lobbying Activities; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (OJP Form 4061/6) • Audit Certification Form • Request for Taxpayer Identification Number and Certification, Form W-9 • Equal Employment Opportunity Plan Certification Return the signed forms to the attention of Mr. David Lundquist at the following address: David Lundquist Michigan Department of State Police Emergency Management Division 4000 Collins Road Lansing, Michigan 48909-8136 Attn: Part II Planning Grant - SHSAS We cannot reimburse you for any expenditures until we have received your signed grant agreement and all other required forms mentioned above. Reimbursement for your ODP SHSAS program is contingent-upon satisfactory completion of your local ODP State Homeland Security Assessment and Strategy (SHSAS). A billing form is included with the Grant Agreement Package for your use. If you have not completed the work activities (for which funds have been allocated) by the end of the grant period, you may forfeit those funds. 4000 COLLINS ROAD • P.O. Box 30636 • LANSING, MICHIGAN 48909-8136 www.michigan.gov/msp • (517) 333-5042 State of Michigan 2003 State Homeland Security Grant Program State Homeland Security Assessment and Strategy -- - Grant Agreement July 1, 2003 through October 31, 2003 This State Homeland Security Grant Program (SHSGP) Grant Agreement is heretu entered into between the Michigan Department of State Police, Emergency Management Division (hereinafter called the Sub-grantor), and OAKLAND COUNTY (hereinafter called the Sub-grantee) I. Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the Sub-grantee for completing assessments for the State Homeland Security Assessment and Strategy program (SHSAS). These assessments will serve as a tool in identifying needs in the solution areas of planning, organization, equipment, training, and exercising for allocating homeland security resources and funding. II. Objectives The principal objectives of this Grant Agreement are to provide financial assistance for allowable costs associated with completion of the assessment and development of the local homeland security strategy, including: i. Conducting planning training sessions and meetings to ensure accurate completion of the assessment; ii. Conducting local strategy implementation meetings; iii. Hiring of full or part-time staff or contractors/consultants to assist with the collection of the needs assessment data and updating of the local homeland security strategy; iv. Travel expenses; and v. Meeting-related expenses III. Statutory Authority Funding for the 2003 SHSGP is authorized by 1) Public Law 108-11, the Wartime Supplemental Appropriations Act of 2003; 2) Public Law 107-56, the USA Patriot Act of 2001; and 3) Public Law 107-296, the Homeland Security Act of 2002. The Sub- rri rT X ta.g. c) 3> t3 c-) rn X "< rrl 2003 SHSAS Grant Agreement County Name Page 2 of 7 grantee agrees to comply with all program requirements in accordance with the SHSGP, Office of Management and Budget Circulars A-87, A-102, and A-133 as revised, the Michigan State Administrative Plan, and applicable federal and state laws and regulations. IV. State Homeland Security Grant Program Award Amount and Restrictions The exercise award for OAKLAND COUNTY is $20,000.00, based on completion of required elements. This Grant Agreement designates SHSGP funds for reimbursement of authorized costs. Grant Agreement funds shall not be 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. V. Responsibilities of the Sub-grantee The Sub-grantee agrees to comply with all applicable federal and state regulations, including the following: A. In addition to this SHSGP SHSAS Grant Agreement, Sub-grantees shall complete, sign, and submit to Sub-grantor the following documents, which are incorporated by reference into this Grant Agreement: i. Assurances (OJP Form 4000/3) ii. Certifications Regarding Lobbying; Disclosure of Lobbying Activities; Debarment, Suspension and Other Responsibility Matters; and Drug- Free Workplace Requirement (OJP Form 4061/6) iii. Audit Certification Form iv. Request for Taxpayer Identification Number and Certification, Form W-9 v. Equal Employment Opportunity Plan Certification (in relation to B. below) vi. Other documents that may be required by federal or state officials B. Comply with requirements to submit an Equal Employment Opportunity Plan (EEOP) 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, DC 20531, within 60 days of the date of this award. Failure to submit an acceptable EEOP (if Sub-grantee 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 Sub-grantee's Certified Assurances and may result in funds from the award being frozen, until such time as the Sub-grantee is in compliance., Page 2 of 7 2003 SHSAS Grant Agreement County Name Page 3 of 7 SHSAS activities completed by October 31, 2003. D. Submit the Request for Reimbursement forms and all required documentation to the Sub-grantor for reimbursement of eligible expenses. The final submission date for all requested reimbursements is December 31, 2003. 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: i. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit. ii. Retain all financial records, supporting documents, statistical records, and all other records pertinent to the SHSGP for at least three years after the final grant report, for purposes of federal and/or state examination and audit. iii. 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. Random audits shall be performed to ensure compliance with applicable provisions. iv. Sub-grantor and Sub-grantee FY03 SHSGP information is subject to requests made pursuant to the federal and state Freedom of Information Act (FOIA), §5. USC 552 & MCLA 15.243, Section 13(1)(u)&(y). It is recognized that much of the information submitted in the course of applying for funding under this program, or provided in the course of its grant management activities, may be considered law enforcement sensitive or otherwise important to national security interests. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, the Department of State Police, Freedom of Information Officer, will determine which information is to be released on a case by case basis. All applicants should be aware that any information created exclusively for the purpose of applying for and monitoring grants hereunder is the property of the U.S. Government, and shall not otherwise be disclosed or released pursuant to state or local law or regulation. Page 3 of 7 2003 SHSAS Grant Agreement County Name Page 4 of 7 VI. Responsibilities of Sub-grantor The Sub-grantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the SHSGP in accordance with all applicable federal and state regulations and guidelines. B. Provide direction and technical assistance to the Sub-grantee. C. Provide any special report forms and reporting formats (templates) required by the Sub-grantor for operation of the program. D. Reimburse the Sub-grantee in accordance with this Grant Agreement based on appropriate documentation submitted by the Sub-grantee. - E. Independently Or in conjunction with the Office of Domestic Preparedness (ODP), conduct random on-site reviews with Sub-grantee(s). F. Sub-grantor and Sub-grantee FY03 SHSGP information is subject to requests made pursuant to the federal and state Freedom of Information Act (FOIA), §5. USC 552 & MCLA 15.243, Section 13(1)(u)&(y). It is recognized that much of the information submitted in the course of applying for funding under this program, or provided in the course of its grant management activities, may be considered law enforcement sensitive or otherwise important to national security interests. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, the Department of State Police, Freedom of Information Officer, will determine which information is to be released on a case by case basis. All applicants should be aware that any information created exclusively for the purpose of applying for and monitoring grants hereunder is the property of the U.S. Government, and shall not otherwise be disclosed or released pursuant to state or local law or regulation. VII. Payment and Reporting Procedures The Sub-grantee agrees to prepare the Request for Reimbursement Forms and submit them by December 31, 2003, to the Sub-grantor with supporting documentation Containing all required authorized signatures. The documentation requirements can be met by submitting approved invoices (along with a copy of the corresponding check that paid the invoice), sales receipts, travel expense vouchers, and payroll registers. Purchase orders will not be accepted for reimbursements. Page 4 of 7 2003 SHSAS Grant Agreement County Name Page 5 of 7 VIII. Employment Matters Sub-grantee shall comply with the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities 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, 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. Sub-grantee 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 GrantAgreement. Sub-grantee shall ensure that no subcontractor, manufacturer, or supplier of Sub- grantee on this Project appears in the register compiled by the Michigan Department of Consumer and Industry Services, Commercial Enforcement Unit, pursuant to 1980 PA 278, as amended, MCL 423.321 et seq. (State Contractors with Certain Employers Prohibited Act). IX. Limitation of Liability Sub-grantor and Sub-grantee 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 July 1, 2003 through October 31, 2003. 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 consists of two identical sets simultaneously executed, each is considered an original having identical legal effect. 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 Page 5 of 7 2003 SHSAS Grant Agreement County Name Page 6 of 7 Grant Agreement. Upon any such termination, the Sub-grantee agrees to return to the Sub-grantor any funds not authorized for use, and Sub-grantee shall have no further obligation to make payments. 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 Sub-grantor and Sub- grantee, 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. Sub-grantee agrees to inform Sub-grantor 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 Sub-grantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. XIII. Business Integrity Clause The Agency may immediately cancel the grant without further liability to the Agency or its employees if the grantee, an officer of the grantee, or an owner of a 25% or greater share of the grantee is convicted of a criminal offense incident to the application for or performance of a State, public, or private grant or subcontract; or convicted of a criminal offense including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Agency, reflects on the grantee's business integrity. Page 6 of 7 October 17, 2003 Date 2003 SHSAS Grant Agreement County Name Page 7 of 7 XIV. 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 jurisdiction he or she represents. Printed Name Title Name of Jurisdiction Signature Date For the Sub-grantor (Michigan State Police — Emergency Management Division) Director, Emergency Management Division Printed Name Title Capt. John Ott Page 7 of 7 FISCAL NOTE #03324 November 6, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - APPLICATION/ ACCEPTANCE FOR 2003 ODP STATE HOMELAND SECURITY ASSESSMENT AND STRATEGY 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 Office of Domestic Preparedness State Homeland Security Grant Program Part II released funding in the amount not to exceed $20,000 for reimbursement of initiatives in analyzing vulnerabilities. 2. The Oakland County Emergency Response and Preparedness unit received notice that the Michigan State Police Emergency Management Division allocated funds for the project based on a tiered scale. 3. Oakland County established emergency management programs to assist the State of Michigan in developing a homeland security strategy which focuses on new approaches and procedures for preventing terrorist attacks and improving response capabilities 4. The grant period is July 1, 2003 through October 31, 2003. 5. The following budget amendment is recommended to the FY 2004 Budget to recognize the revenues and expenses of 2003 ODP State Homeland Security Assessment and Strategy. General Fund 101 Revenue 1-11-101-101111-65001-0113 Federal Grant Revenue Expenditure 2-90-101-290000-27030-2564 Budget Task FY 2004 $ 20,000.00 $ 20,000.00 -0- FINANCE COMMITTEE C/-/( r FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Moffitt and Crawford absent. Resolution #03324 November 20, 2003 In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 20th day of November, 2003. G. William Caddell, County Clerk the Consent Agenda be adopted (with Moved by Wilson supported by Hatchett the resolutions on accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Gregory, Hatchett, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Wilson, Zack, Bullard. (24) NAYS: None. (0) Jamian, Knollenberg, KowaII, Law, Long, Potter, Rogers, Scott, Suarez, Webster, A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGOING RESOLUTION 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 November 20, 2003 with the original record thereof now remaining in my office.