HomeMy WebLinkAboutResolutions - 2004.03.04 - 27580MISCELLANEOUS RESOLUTION # 04051 March 4, 2004
By: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND
PREPAREDNESS - APPLICATION/ACCEPTANCE FOR FY 2002
SUPPLEMENTAL ASSISTANCE GRANT PROGRAM FOR CITIZEN CORPS/
COMMUNITY EMERGENCY RESPONSE PROGRAMS (CERT)
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS funding was released under the U. S. Department of Homeland
Security for the 2002 Supplemental Assistance Grant Program; and
WHEREAS the Homeland Security Act of 2002 authorizes funding for programs
to increase domestic preparedness among members of the community; and
WHEREAS the State of Michigan has awarded Oakland County reimbursement
for qualified expenses up to, but not exceeding $37,169 for the period of December 16,
2002 through May 11, 2004; and
WHEREAS the funds are to be used to establish Citizen Corps Councils, to
support the oversight and outreach functions of the councils, and to expand CERT
training essential for developing the Citizen Corps; and
WHEREAS the Michigan Department of State Police Emergency Management
Division will serve as the administrating agency for this grant; and
WHEREAS the grant agreement has been reviewed and approved through the
County Executive Contract Review Process.
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
$37,169.
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.
SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on a roll call vote with Potter absent.
Gail Novak
From: Greg Givens [givensg@co.oakiand.mi.usl
Sent: Tuesday, February 17, 2004 2:41 PM
To: Wedell, Harvey; Novak, Gail
Cc: Pearson, Linda; Smith, Laverne; Frederick, Candace; Worthington, Pam
Subject: CONTRACT REVIEW — Emergency Response and Preparedness
CONTRACT REVIEW - Emergency Response and Preparedness
GRANT NAME: FY 2002 Supplemental Assistance for Citizens Corps /
Community Emergency Response Program (CERT)
FUNDING AGENCY: Michigan Department of State Police
DEPARTMENT CONTACT PERSON: Gail Novak / 85080
STATUS: Acceptance
DATE: February 17, 2004
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. 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.
Department of Management and Budget:
Approved. - Laurie Van Pelt (2/9/2004)
Personnel Department:
Approved. - Ed Poisson (2/12/2004)
Risk Management and Safety:
Approved by Risk Management. - Julie Secontine (2/10/2004)
Corporation Counsel:
After reviewing the above referenced grant application/acceptance, there
are no legal issues that must be resolved before execution. Thus, the
application/acceptance is approved. - Jody Schaffer (2/17/2004)
OAKLAND COUNTY EMERGENCY MANAGEMENT
`04 FEB -5 A9:03
February 4, 2004
,
Dear Department of Homeland Security FY 2002 Supplemental Grant Recipient:
The Department of Homeland Security has provided federal funds through the FY 2002 Supplemental
Assistance Grant Program for Citizen Corps / Community Emergency Response Team (CERT) programs.
The specific purpose of the funding is to provide federal pass-through funds to Subgrantees at the local
government level for public education, training, and volunteer opportunities to engage citizens in making
their communities safer, stronger, and better prepared for preventing and handling threats of terrorism,
crime, and disasters of all kinds. Grant funds are allocated in accordance with the Michigan Three-Year
Domestic Preparedness Strategy. As the designated grantee for this funding in Michigan, the Emergency
Management Division (EMD) will enter into grant agreements with ten local government programs this
year.
Please note that the Catalog of Federal Domestic Assistance (CFDA) Number for the FY 2002
Supplemental Grant for the Citizens Core I CERT program is 97.053.
Enclosed please find two copies of the FY 2002 Supplemental Funds Grant Agreement for the Citizens
Corps / CERT Program 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 in Lansing. Complete and sign the Summary Sheet for Assurances and
Certifications (FEMA Form 20-16) and retain with your records the following forms: 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. 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
(EMD-53) completed regarding this issue. Return the signed forms to the address indicated on the
enclosed FY 2002 Supplemental Grant Forms Checklist. We cannot reimburse you for any expenditure
until we have received your signed grant agreement and all other required forms mentioned above.
The total budget for federal FY 2002 Supplemental Grant for Citizen Corps / CERT program pass-through
funds is $444,785.00. The total award for your program is noted in paragraph IV of the FY 2002
Supplemental Funds Grant Agreement.
Reimbursement for your FY 2002 Supplemental Grant for the Citizen Corps / CERT program is contingent
upon completion of the activities in your Narrative Work Plan. Two copies of the quarterly billing form are
enclosed for your use. Quarterly reimbursement is based on documented expenditures associated with
completed work activities. If you fail to complete scheduled work activities by the end of the Grant
Agreement period, grant funds may have to be returned to the State and any balance of the award or the
entire award may be forfeited.
Prior written approval is required for any budget revisions between cost categories where the costs
exceed 10% of the original amount of the cost category. There is an absolute limit on the 5% allowed for
administrative activities within the grant award allocation. Written requests for budget revisions should be
directed to Gary Zulinski (see contact information below).
Page 2
As a recipient of funding from the Department of Homeland Security, 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 FY 2002 Supplemental Grant
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 Gary Zulinski, Program
Coordinator, Michigan Citizen Corps, 1048 Pierpont, Suite 4, Lansing, Mi. 48913, (517) 241-3867, (517)
241-3869 Fax, ZulinskiGamichioan.dov.
Sincerely,
HN ORT, CAPTAIN
Deputy State Director of Emergency Management
JO:SLG:DC
Attachments
(181)
State of Michigan
FY 2002 SUPPLEMENTAL FUNDS GRANT AGREEMENT
December 16, 2002 through May 11, 2004
CFDA Number - 97.053
This FY 2002 Supplemental Funds Grant Agreement is hereby entered into between the Michigan
Department of State Police, Emergency Management Division, hereinafter called the Subgrantor, and
OAKLAND COUNTY
hereinafter called the Subgrantee.
I. Purpose
The purpose of this Grant Agreement is to provide federal pass-through funds to the Subgrantee for public
education, training, and volunteer opportunities to engage citizens in making their communities safer,
stronger, and better prepared for preventing and handling threats of terrorism, crime, and disasters of all
kinds. Grant funds are allocated in accordance with the Michigan Three-Year Domestic Preparedness
Strategy.
II. Objectives
The principal objectives of this Grant Agreement are to establish Citizen Corps Councils, to support the
oversight and outreach responsibilities of the councils, and to expand CERT training essential for
developing the Citizen Corps initiative across the state.
Ill. Statutory Authority
Funding for FY 2002 Supplemental Funds grant is authorized by Public Law 107-206, the Homeland
Security Act of 2002. The Subgrantee agrees to comply with all program requirements in accordance with
the FY 2002 Supplemental Appropriations Act; the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), 42 USC 5121-5206, Public Law 92-388, as amended; Emergency
Management and Assistance Regulations (44 CFR); Office of Management and Budget Circulars A-87, A-
102, and A-133 as revised; and applicable state and federal laws and regulations.
IV. FY 2002 Supplemental Grant Program Award Amount and Restrictions
The award for the Subgrantee is $37,169.00. There is no cost-share or match requirement associated with
this funding.
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.
Federal funds must be used to supplement existing funds, but should not replace (supplant) State or Local
funds that have been appropriated for the same purpose. Federal funds cannot be used to replace a
reduction in non-federal funds. Potential supplanting will be the subject of application review, as well as
pre-award review, post-award monitoring, and audit. If an audit reveals a potential presence of supplanting,
the Subgrantee will be required to supply documentation demonstrating that the reduction in non-Federal
resources occurred for reasons other than the receipt or expected receipt of Federal funds.
V. Responsibilities of the Subgrantee
The Subgrantee agrees to comply with all applicable federal and state regulations, including the following:
Page 1 of 4
FY 02 Supplemental Funds Grant Agreement
A. In addition to this FY 2002 Supplemental Funds Grant Agreement, Subgrantee shall complete, sign,
and submit to Subgrantor the following documents, which are incorporated by reference into this
Grant Agreement:
(1) Audit Certification Form (EMD-53).
(2) Summary Sheet for Assurances and Certifications (FEMA Form 20-16).
(3) Request for Taxpayer Identification Number and Certification, Form W-9.
(4) Other documents that may be required by Federal or State officials.
B. Costs charged against the grant award for administrative activities are restricted to 5% for each
Subgrant award. Indirect costs must be included in the 5% limitation.
C. Grant funds shall be used to supplement and shall not supplant State or local funds dedicated to
these efforts.
D. Submit program/activity reports to Gary Zulinski at Michigan Citizen Corps on a quarterly basis.
E. Submit Request for Reimbursement form (FEMA 85-21) for eligible expenses to Gary Zulinski at
Michigan Citizen Corps on a quarterly basis.
F. If needed, submit for review, a final copy of the Narratives of Activities. Supporting documentation
for other approved activities funded by this grant must be submitted as well.
G. Comply with applicable financial and administrative requirements set forth in 44 CFR including the
following provisions:
(1) Account for receipts and expenditures, maintain adequate financial records, and refund
expenditures disallowed by federal or state audit.
(2) In compliance with 44 CFR 13.42, Subgrantees shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the FY 2002 Supplemental
Funds for at least three years after the final grant report, for purposes of federal or state
examination and audit.
(3) Perform the required financial and compliance audits in accordance with the Single Audit Act of
1984, as amended, and OMB Circular, A-133, "Audits of States, Local Governments, and Non-
Profit Organizations". If an audit is required, submit a copy of the annual audit report within
thirty days after publication of the audit to Financial Services Section, Michigan Department of
State Police, 714 South Harrison Road, East Lansing, Michigan 48823.
H. The Subgrantee is free to copyright any original work developed in the course of or under the
agreement. FEMA reserves a royalty-free, nonexclusive and irrevocable right to reproduce,
publish, or otherwise use, and to authorize others to use, the work for government purposes. Any
publication resulting from work performed under this agreement shall include an acknowledgement
of FEMA financial support and a statement that the publication does not necessarily reflect FEMA's
views.
VI. Responsibilities of the Subgrantor
The Subgrantor, in accordance with the purposes and objectives of this Grant Agreement, will:
A. Administer the FY 2002 Supplemental Funds, in conjunction with Michigan Citizen Corps, in
accordance with all applicable federal and state regulations and guidelines.
B. Provide any special report forms and reporting formats required by the Subgrantor for operation of
the program.
C. Reimburse the Subgrantee in accordance with this Grant Agreement based on appropriate
documentation submitted by the Subgrantee.
VI. Payment and Reporting Procedures
A. The Subgrantee agrees to prepare quarterly program/activity reports and Request for
Reimbursement Forms (FEMA 85-21) and submit them to Gary Zulinski at Michigan Citizen
Corps with supporting documentation. This documentation requirement can be met by submitting
items such as an invoice, sales receipt, and payroll registers, etc. The final report is due by May
11, 2004. Reimbursement of expenditures by the Subgrantor is contingent upon the Subgrantee's
completion of scheduled work activities.
Page 2 of 4
FY 02 Supplemental Funds Grant Agreement
B. The Subgrantee agrees to return to the Subgrantor any unobligated balance of funds held by the
Subgrantee at the end of the Grant Agreement period, including any unused grant allocation, or
handle them in accordance with the instructions provided by the Subgrantor.
C. If the Subgrantee fails to complete scheduled work activities by the end of the Grant Agreement
period, grant funds may have to be returned to the State and any balance of the award or the entire
award may be forfeited.
VIII. Employment Matters
The Subgrantee 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 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 the Grant Agreement.
The 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 et seq. (Utilization of Public Facilities by Physically
Limited Act).
All contracts executed under this grant award will contain the contract provisions listed under 44 CFR 13.36
(i) Contract provisions.
The 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).
IX. Limitation of Liability
The Subgrantor and the Subgrantee to this Grant Agreement agree that each must seek its own legal
representative and bear its own costs, including judgments, in any litigation that may arise from
performance of this contract. It is specifically understood and agreed that neither party will indemnify the
other 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 December 16, 2002 through May 11, 2004. This
Grant Agreement consists of two identical sets simultaneously executed, each is considered an original
having identical legal effect. No costs eligible under this Grant Agreement shall be incurred before the
starting date of this Grant Agreement without prior written approval. This Grant Agreement may be
terminated by either party by giving thirty (30) days written notice to the other party stating reasons for
termination and the effective date, or upon the failure of either party to carry out the terms of the Grant
Agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not
authorized for use and Subgrantee shall have no further obligation to make payments.
Page 3 of 4
FY 02 Supplemental Funds Grant Agreement
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. 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 rights, interest, or obligations 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, and any 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. Business Integrity Clause
The Subgrantor may immediately cancel the grant without further liability to the Subgrantor or its
employees if the Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the
Subgrantee 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 Subgrantor, reflects on the Subgrantee's
business integrity.
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 responsible governing board, official, or agency.
Subgrantee further certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this grant by any federal
department or agency. If Subgrantee is unable to certify to any portion of this statement, Subgrantee shall
attach to this Grant Agreement an explanation of the reason.
For the Subgrantee:
Printed Name Title
Signature Date
For the Subgrantor (Michigan State Police — Emergency Management Division)
Deputy State Director of Emergency Management
Title
February 4, 2004
Signa51 Date
Page 4 of 4
FISCAL NOTE (MISC. 104051) March 4, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS -
APPLICATION/ACCEPTANCE FOR FY2002 SUPPLEMENTAL ASSISTANCE GRANT PROGRAM FOR
CITIZEN CORPS/COMMUNITY EMERGENCY RESPONSE PROGRAMS (CERT)
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 Homeland Security Act of 2002 authorizes funding for programs to
increase domestic preparedness among members of the community.
2. The State of Michigan has awarded Oakland County reimbursement for
qualified expenses up to, but not exceeding $37,169 for the period
of December 16, 2002 through May 11, 2004.
3. The funds will be used to establish Citizen Corps Councils to
support the oversight and outreach functions of the councils and to
expand CERT training essential for developing the Citizen Corps.
4. The Michigan Department of State Police Emergency Management
Division will serve as the administrating agency for this grant.
5. The grant agreement has been processed through the County Executive
Contract Review Process and the Board of Commissioners Grant
Acceptance Procedures.
6. A budget amendment is recommended to the FY2004 Budget to recognize
the revenues and expenses of the Acceptance for the FY2002
Supplemental Assistance Grant Program for Citizen Corps/Community
Emergency Response Programs (CERT) for the period of December 16,
2002 through May 11, 2004 as follows:
Revenue
1-11-276-100904-70001-0113 Grants Federal $37,169
Expense
2-11-276-200904-70001-2572 Contracted Svs. $37,169
$ -0-
FINANCE COMMITTEE
c/z d/14__v
FINANCE COMMITTEE: Motion carried unanimously on a roll call vote
with Palmer and Long absent.
G. William Caddell, County Clerk
Resolution #04051 March 4, 2004
Moved by Long supported by Coleman the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII,
Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Rogers, Scott, Suarez, Wilson,
Zack, Bullard. (23)
NAYS: None.
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
OK fOREM 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 March 4, 2004
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 4th day of March, 2004.
L
7 J oL t