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HomeMy WebLinkAboutResolutions - 2003.09.04 - 27374MISCELLANEOUS RESOLUTION #03235 September 4, 2003 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS — PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2003 ACCEPTANCE To the 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 $47,313 for the period of October 1, 2002 through September 30, 2003; and WHEREAS Emergency Management was notified of available grant funding via a letter dated July 24, 2003, as attached; and WHEREAS this is the 31 st 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 $47,313 for Fiscal Year 2003. 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 SERVICESeMM444_, Public Services Committee Vote: Motion carried unanimously on a roll call vote with Long absent. CONTRACT REVIEW — Emergency Response and Preparedness GRANT NAME: FY 2003 Emergency Management Performance Grant (EMPG) FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Gail Novak / 85080 STATUS: Acceptance DATE: August 19, 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 (8/5/2003) Personnel Department: Approved. — Ed Poisson (7/31/2003) Risk Management and Safety: No comment. Corporation Counsel: After reviewing the FY 2003 Emergency Management Performance Grant (EMPG) Agreement, I found no legal issues that must be resolved before the Agreement is executed. Please note that Section V of the Agreement contains numerous responsibilities for the County (Subgrantee). The County must fulfill all the responsibilities contained in Section V otherwise it will violate the Grant Agreement. Jody Schaffer (8/5/2003) Please note the comments 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 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 COL TADARIAL J. STURDIVANT DIRECTOR STATE OF MICHIGAN DEPARTMENT OF stiVELEUgcatit:TY LAMERGENcY mANAGENEN: 13 IL 24 A 8 :49 June 25, 2003 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 EMPG program is 83.552. Enclosed please find two copies of the FY 2003 Emergency Management Performance 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. 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 Programs (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. To comply with 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 2003 budget for federal EMPG pass-through funds is $2,000,000. The total award for your program for FY 2003 is noted in paragraph IV (Emergency Management Performance Grant Award) of the EMPG Grant Agreement for FY 2003. Reimbursement for your EMPG program is contingent upon completion of the activities in the signed Emergency Management Work Plan. The quarterly billing form is 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 in 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. 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. 4000 COLLINS ROAD • P.O. Box 30636 • LANSING, MICHIGAN 48909-8136 www.michigan.golihnsp • (517) 333-5042 Sincerely, ORT, CAPTAIN eputy State Director of Emergency Management Page 2 June 25, 2003 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 June Martin at (517) 333-5040 or Sandy Glazier at (517) 333-5047. You may also contact either of the above through their State of Michigan email addresses at MartinJune@michigan.gov or GlazierS© michigan.gov or at the mailing address listed on the letterhead. JO:JEM:kw Attachments (205) State of Michigan EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) AGREEMENT FOR FY 2003 October 1, 2002 through September 30, 2003 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 RESPONSE & PREPAREDNESS Hereinafter called the Subgrantee. I. Purpose The purpose of this agreement is to provide federal Emergency Management Performance Grants(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. Obiectiyes 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 or an act of terrorism occurs, and ensure the public is served in a timely and efficient manner. D. Develop and maintain haiard identification and risk reduction through mitigation activities. M. Legal Authority The Subgrantee agrees to comply with all EMPG program requirements in accordance with the Michigan Emergency Management Act, Act 390, PA 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 Emergency Management Performance Grant Guidebook and applicable state and federal laws and regulations. IV. Emergency Management Performance Grant Award For FY 2003, the total EMPG award for the Subgrantee is $47,313.00. The Grantor determined the Subgrantee's EMPG allocation as 42.44924% of the Subgrantee's emergency program manager's salary and fringe benefits. 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 Page 1 of 5 FY 2003 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY 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. V. Responsibilities of the Subarantee 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 natural and man-made emergencies and disasters. 4. Exercising the emergency operations plan of the jurisdiction. 5. Emergency management training. 6. Response and recovery from disasters and acts of terrorism. 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 Subcjrantor 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 2003. 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, as requested. 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 the Subgrantee's final 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. Page 2 of 5 FY 2003 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY 0. Comply with all items included in Parts land HI (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 Subarantor 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. 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 to the Subgrantee for operation of the program. VII. Payment and Reporting Procedures A. TheSubgrantee 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 processed the following 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, 2003), 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 2003, may be ineligible for EMPG funding for that quarter and all remaining quarters of FY 2003, any potential supplemental payments for FY 2003, 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 Subcjrantee 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 Person's with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 at 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. FY 2003 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY Subgrantee shall ensure that no subcontractor, manufacturer or supplier of Subgrantee 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 Contracts with Certain Employers Prohibited 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 U.S. 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 Subgrantor and Subgrantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, induding 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. Barrier Free Design Subgrantee shall ensure that any work done under this grant complies with the barrier free design requirements of 1966 PA 1, as amended, MCL 125.1351 at seq. (Utilization of Public Facilities by Physically Limited Act.) XL Redistribution Prohibition A grant awarded under this Grant Agreement shall be used by the Subgrantee and shall not be redistributed by the Subgrantee to any other entity unless specifically provided for in the Grant Agreement. XII. 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. XIIL Agreement Period This Grant Agreement is in full force and effect from October 1, 2002, through September 30, 2003. 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, 2002. 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. 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 Page 4 of 5 Deputy State Director of Emergency Management Title June 26. 2003 Date FY 2003 EMPG Agreement Between the State of Michigan and OAKLAND COUNTY 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. XV. 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 Dr 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 Chief Elected Official: Printed Name Title Signature Date For the Local Emergency Program Manager Printed Name Title Signature Date • For the Subgrantor: John Ort.,Caotain Printed,Nitme Sigfi-gare (2os) Page 5 of 5 Emergency Management Performance Grant (EMPG) Agreement Forms Checklist Please complete the following forms that are attached to this sheet, sign, date, and return to: State of Michigan Emergency Management Performance Grant (EMPG) Agreement for FY 2003 (Note: There are 2 sets of the Agreement enclosed. Please sign both, but retain one signed document for your records and return the other signed document to us.) State of Michigan Audit Certification (Form EMD-41) LI FEMA Summary Sheet for Assurances & Certifications (with attachments) (Please return Forms 20-16, 20-16A and 20-16C.) 111 FEM.A Disclosure of Lobbying Activities (Standard Form-LLL) if applicable Eli FEMA Form 20-164, Assurances-Nonconstruction Programs X- Part I X Part III Signature of Authorized Representative Date Signed SUMMARY SHEET FOR ASSURANCES AND CERTIFICATIONS I ' Expires February 29, 2004 CA FOR (Name of Applicant) This summary sheet includes Assurances and Certifications that must be read, signed, and submitted as a part of the Application for Federal Assistance. An applicant must check each item that they are certifying to: FOR FY Part II FEMA Form 20-16B, Assurances-Construction Programs FEMA Form 20-16C, Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug-Free Workplace Requirements Part IV SF LLL, Disclosure of Lobbying Activities ,(If applicable) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the identified attached assurances and certifications. Typed Name of Authorized Representative NOTE: By signing the certification regarding debarment, suspension, and other responsibility matters for primary covered transaction, the applicant agrees that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by FEMA entering into this transaction. The applicant further agrees by submitting this application that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the FEMA Regional Office entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (Refer to 44 CFR Part 17.) Paperwork Burden Disclosure Notice "Public reporting burden for this form is estimated to average 1.7 hours per response. Burden means the time, effort and financial resources expended by persons to generate, maintain, retain, disclose, or to provide information to us. You may send comments regarding the burden estimate or any aspect of the form, Including suggestions for reducing the burden to: Information Collections Management, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (3067-0206). You are not required to respond to this collection of information unless a valid OMB control number appears in the upper right corner of this form. Please do not send your completed form to the above [address. FENIA Form 20-16, FEB 01 FEDERAL EMERGENCY MANAGEMENT AGENCY ASSURANCES-NON-CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have any 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 costs) 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 gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen 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 all 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. Sections 1681-1683, 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. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 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) Sections 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 drag abuse patient records; (h) Title Vill of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et 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 a) 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 Title II and DI of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitabletreatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 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. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Ad (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction subagree.ments. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 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. FEMA Form 20-16A, JUN 94 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 (EO) 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. Section 1451 et seq.); (t) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Mr Act of 1955, as amended (42 U.S.C. Section 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. Section 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), EO 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 (P.L. 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. Section 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 of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of Institutions of higher education, hospitals, and other non-profit organizations. FEMA Form 20-16A (BACK) FEDERAL EMERGENCY MANAGEMENT AGENCY CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 28 CFR Part 17, "Government-wide Debarment and suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING A. As required by section 1352, Title 31 of the U.S. Code, and Implemented at 44 CFR Part 18, for persons entering into a grant or cooperative agreement over $100,000, as defined at 44 CFR Part 18, the applicant certifies that (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (Including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all subrecipients shall certify and disclose accordingly. E] Standard Form LLL, "Disclosure of Lobbying Activities" attached. (This form must be attached to certification if nonappropriated funds are to be used to influence activities.) 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and Implemented at 44 CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A. The applicant certifies that it and Its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of at had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public t ransactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements In this certification, he or shall shall attached an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and Implemented at 44 CFR Part 17, Subpart F, for grantees, as defined at 44 CFR Part 17, Sections 17.615 and 17.620: A. The applicant certifies that it will continue to privide a drug- free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions tht will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awareness program to inform empoyees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations occurrrng In the workplace; FEMA Form 20-16C, JUN 94 (c) Making It a requirement that each employee to be engaged in - the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after auch conviction. (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, Including position title, to the applicable FEMA awarding office, i.e., regional office or FEMA office. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who Is so convicted: (1) Taking appropriate personnel action against such an employee, up to and induding termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 8. the grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, City, County, State, Zip code) Check nif there are workplaces on file that are not identified here. Section 17.630 of the regulations provide that a grantee that Is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. States and State agencies may elect to use a Statewide certification. FEMA Form 20-16C (BACK) DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) Approved by °MB 0348-0046 1. Type of Federal-Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial tiling b. grant b. initial award b. material change c. cooperative agreement C. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: . 5. If Reporting Entity In No. 4 is Subawardee, Enter Name Prime Subawardee and Address of Prime: liar ,If known: Congressional District/fit/sown: Congressional District,ffknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,' applicable 8. Federal Action Numberff known: 9. Award Amountlf known: $ 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Senricaaancluding address if (if Individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): 11. Information requested through this Rem Is authorized by title 31 U.S.C. section 1352. 'Ms disclosure of lobbying activities is a material Signature: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This Print Name: disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be lltle: available for pubic inspection. Any person who fails to file the . required disclosure shall be subject to a civil penalty of not less Telephone No.: Date: than $10,000 and not more than $100,000 for each such failure. ,A.,...„, - ,,,, ; : -',.....-1•Y*-4::. •••.;.--::::i-A5' #:. Authorized for Laced Reproduction ^ .% ‘-r,. -. 4,' ., -. ------ - -.......::, -4::. •,.. v. . -, • .•::::z ;- ,..... I., . , Standaid Form 11.1. (Rev. 7-97) ' :-.,. .k, EMD41 , (03-00) MICHIGAN STATE POUCE Emeroencv Management Division _ STATE OF MICHIGAN AUDIT CERTIFICATION Federal Audit Requirements Fiscal Years Beginning After June 30, 1996 Non-Federal organizations which expend $300,000 or more in Federal funds during their fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1984, as amended, and Office of Management and Budget (OMB) Circular A-133. EMPG Program Subgrantees must submit a cool/ of their audit report to: Financial Services Section, Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823 for each year they meet the funding threshold. • Emergency Management Performance Grant (EMPG) CFDA Number: 83.552 Subgrantee Information Jurisdiction Name: Street Address: City, State, Zip Code: . Certification for Fiscal Year Ending (mmidd/yyyy): . . (Check appropriate box). . I certify that the subgrantee shown above does not expect it will be required to have an audit performed under the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, for the Emergency Management Performance Grant Program listed above. I certify that the_subgrantee shown above expects it will be required to have an audit performed under the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, during at least one fiscal year. when EMPG funds are received for the EMPG Program listed above. A copy of the audit report will be submitted to: Financial Services Section, Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823. (Signature of Subgrantee's Authorized Representative) (Date) Please mail completed form to: Attn: Fiscal Section . Michigan Department of State Police • Emergency Management Division P. 0. Box 30636, 4000 Collins Road Lansing, Michigan 48909-8136 . . . For MSP-EMD Use Only Reviewed By: , Date: Authority: Act 390, P. A. of 1976, as amended Completion: Voluntary, but completion necessary to be considered for assistance. SAMPLE FORM FEDERAL EMERGENCY MANAGEMENT AGENCY State Number FEMA Number OMB No. 3067-0080 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) For State Use Only For FEMA Um Only Expires: July 31, 1984 EXPENSES CLAIMED FOR LOCAL PROGRAM IPERSONNEL AND ADMINISTRATIVE EXPENSES) CONTRIBUTIONS IN SUBMITTING THIS CLAIM, THE CLAIMANT REPRESENTS THAT JUSTIFICATION TO SUPPORT THIS CLAIM IS CONTAINED IN THE WORKPLAN APPROVED AS PART OF THE JURISDICTION'S PROGRAM PAPER. IT IS UNDERSTOOD THAT FAILURE TO EXECUTE THE ELEMENTS OF THAT WORIOLAN MAY RESULT IN WITHHOLDING OR RECOVERY OF FUNDS CLAIMED AND APPROVED HEREON. NAME OF ORGANIZATION STATE DATE PERIOD COVERED Page Timbuktu County MI 010/5/2003 From: 10/1/02 Through:12/31/02 _1_of 1_ - COST CATEGORIES CLAIMANT AGENCY OR VENDOR Personnel Travel and Check No or other Compensation Transporatlon All Other Total and Benefits of Persons Proof of Payment Ralph Pepper—Program Manager Salary $35,000.00 $35,000.00 Ralph Pepper—Program Manager Fringe Benefits $15,000.00 $15,000.00, Equipment Rental S $200.00 $200.00 MEMA Conference Fee $100.00 $100.00 Subcriptions $150.00 • $150.00 Training $65.00 $65.00 Lodging/meals to attend training $95.00 $95.00 Building Space $6,000.00 $5,000.00 Phones $350.00 $350.00 Postage $20.00 $20.00 Office Supplies $140.00 $140.00 Xerox Copier $999.99 $999.99 - "i CERTIFY THAT ALL BILLS, PAYROLLS, ETC. USTED ON THIS BILLING HAVE BEEN PAIDA Slonature of the person with Financial Authorltvfor the Local EMPG Proaram) TOTAL AMOUNTS EXPENDED $50,000.00_ $9500 $57,119.99 - FEDERAL SHARE multiply total by .50 (50%) $25,000.00 , $47.50 $3,512.50 $28,560.00 LOCAL SHARE multiply total by 50(50%) $25,000.00 $47.50 $3,512.50 $28,560.00 1. Name of organization as shown on the program paper. FEMA Form 85-16 and 85-16A and Other Personnel and Administrative Expense documents. 2. This amount to be dalmed on FEMA Form 85-20 FEMA Form 85-21 (9/80) sAfISCALVY2003'O3empg-LOCAL185-21FE2revised FEDERAL EMERGENCY MANAGEMENT AGENCY State Number FEMA Number OMB No. 3067-0080 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) For Slats Use Only For FEMA Use Only Expires: July 31, 1984 EXPENSES CLAIMED FOR LOCAL PROGRAM (PERSONNEL AND ADMINISTRATIVE EXPENSES) CONTRIBUTIONS IN SUBMITTING THIS CLAIM, THE CLAIMANT REPRESENTS THAT JUSTIFICATION TO SUPPORT THIS CLAIM IS CONTAINED IN THE WORKPLAN APPROVED AS PART OF THE JURISDICTION'S PROGRAM PAPER. IT IS UNDERSTOOD THAT FAILURE TO EXECUTE THE ELEMENTS OF THAT WORKPLAN MAY RESULT IN WITHHOLDING OR RECOVERY OF FUNDS CLAIMED AND APPROVED HEREON. NAME OF ORGANIZATION STATE DATE PERIOD COVERED Page MI From: Through: of . COST CATEGORIES CLAIMANT AGENCY OR VENDOR Personnel Travel and Check No or other Compensation Transporation All Other , Total and Benefits of Persons Proof of Payment • , • "I CERTIFY THAT ALL BILLS, PAYROLLS, ETC. MED ON THIS BILUNG HAVE BEEN PAID." - . TOTAL AMOUNTS EXPENDED FEDERAL SHARE multiply total by 50(50%) . ..$5. LOCAL SHARE multiply total by .50 (50%) . • 1. Name of organization as.shovm on the program paper. FEMA Form 85-18 and 85-18A and Other Personnel and Administrative Expense documents. 2. This amount to be claimed on FEMA Form 85-20 FEMA Form 85-21 (9/80) S: Fiscaffy2003 NO3EMPO-loCaN15-21 Blank FISCAL NOTE (HISC._#03235) September 4, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - PERFORMANCE GRANT AGREEMENT FOR FY2003 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 resolutions 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 $47,313 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 31st 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 2002/03 total EMPG award funds 40.28518t of the Emergency Management department's emergency program manager's salary and fringe benefits, and funds shall not be used for any other purpose, and requires Oakland County to fund this effort for at least 49W from non-federal sources. 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. No County General Fund/General Purpose dollars are required for match. 6. Revenue from this agreement has already been included in the Fiscal . Year 2003 Adopted Budget as General Purpose revenue; no budget amendment is required. FINANCE .COMMITTEE C 0-mtei FINANCE COMMITTEE Motion carried unanimously on a roll call vote. G. William Caddell, County Clerk Resolution #03235 September 4, 2003 Moved by Wilson supported by Jamian the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (24) NAYS: None. (0). A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were adopted (with accompanying reports being accepted). ./INn I 110101Y AITIN TIE FOREGON6 RESOW11011 Oi!,==2„....... =. 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 September 4, 2003, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of itle County of Oakland at Pontiac, Michigan this 4th day of September, 2003.