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HomeMy WebLinkAboutResolutions - 2004.10.07 - 27659CM:JO/SERVICES COMMITTEE MISCELLANEOUS RESOLUTION #04296 October 7, 2004 BY: PUBLIC SERVICES COMMITTEE, HUGH D. CRAWFORD, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - FY 2002 SUPPLEMENTAL FUNDS AMENDED GRANT AGREEMENT FOR TERRORISM PREPAREDNESS - ACCEPTANCE 70: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the 2002 Supplemental Appropriations Act For Further Recovery From and Response to Terrorist Attacks on the United States was passed by the Congress and signed by the President on August 2, 2002; and WHEREAS the Act authorized federal funding for the updating of Emergency Operations Plans (EOPs) with special emphasis on terrorism preparedness; and WHEREAS Oakland County applied and received $70,746 in 2003 for updating EOPs; and WHEREAS Oakland County was advised that additional funds were available through a competitive grant for eligible programs who received the initial award; and WHEREAS Oakland County submitted an application and received approval to conduct vulnerability assessments for two Oakland County Airports and local CVT public safety buildings in the amount of $240,000; 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 $240,000. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is autnorized 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 and continuation is contingent upon continued future levels of grant funding. Chairperson, on behalf cf the Public Services Committee, I move the adoption of the foregoing resolution. Public Services Committee Vote: Motion carried unanimously on a roll call vote. Gail Novak From: Greg Givens [givensg@co.oakland.mi.us] Sent: Monday, September 20, 2004 9:18 AM To: Doyle, Larry; Novak, Gail Cc: Pearson, Linda; Smith, Laverne; Frederick, Candace; Worthington, Pam; Hanger, Helen Subject: CONTRACT REVIEW - Emergency Response and Preparedness CONTRACT REVIEW - Emergency Response and Preparedness GRANT NAME: FY 2002 Supplemental Funds Amended Grant Agreement FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Gail Novak / 85080 STATUS: Acceptance DATE: September 20, 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. Please note the comment from the Department of Management and Budget. 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. Please note the 5% limitation on administrative costs allowed by this grant, which includes any indirect cost that may be charged. - Laurie Van Pelt (9/16/2004) Department of Human Resources: No personnel issues involved. Approved. - Nancy Scarlet (9/13/2004) Risk Management and Safety: Approved. - Gerald Mathews (9/16/2004) Corporation Counsel: I have reviewed the FY 2002 FEMA Supplemental Grant for Terrorism Preparedness Program Agreement, there are no legal issues that must be resolved before it is executed. - Jody Schaffer (9/19/2004) 1 OAKLAND COUNTY, MICHIGAN FY 2002 FEMA SUPPLEMENTAL GRANT FOR TERRORISM PREPAREDNESS PROGRAM NARRATIVE Background The State of Michigan through a Terrorism Planning Competitive Grant # FY02- EMDTTPSG/EX will provide funding relating to developing/updating emergency response plans/procedures with special emphasis on WMD terrorism preparedness. Oakland County Emergency Response and Preparedness staff prepared and submitted an application to conduct vulnerability assessments. Oakland County has received approval. Project applications were due at the State on July 15, 2004 and the grant performance period cannot exceed October 15, 2004. Purpose Oakland County is the only local government to own and operate three airports. A vulnerability assessment was conducted at Oakland International Airport. This grant will allow for vulnerability assessments (VAs) for the other two airports in Oakland County, the Troy airport located in the City of Troy and Southwest Airport located in New Hudson, to assist in plan development. In addition, in the city of Pontiac last year, a fireman was shot when he opened a door to a caller. There was no security at the station nor surveillance to identify the shooter. This grant will allow for VAs for a number of larger city law enforcement, fire, and public safety facilities. Cities such as Troy, Pontiac, Rochester Hills, Royal Oak, Novi, Madison Heights, Clawson, and the larger Townships such as Waterford, West Bloomfield, Independence, etc. will be targeted to determine interest in obtaining an assessment. The assessments will allow for the enhancement of emergency plans and operational procedures. Due to the short submittal date of the application, a survey of interested communities was unable to be conducted. A consultant will conduct site surveys of the locations to document the sites' strengths and vulnerabilities relevant to a potential terrorist attack in particular an attack using a CBRNE type weapon or device. The VAs will provide for a proactive measure to conduct a comprehensive assessment of the designated facilities. State of Michigan FY 2002 SUPPLEMENTAL FUNDS AMENDED GRANT AGREEMENT December 16, 2002 through October 15, 2004 CFDA Number — 97.051 This FY 2002 Supplemental Funds Amended Grant Agreement is hereby 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 Amended Grant Agreement is to provide additional federal pass-through funds to the Sub-grantee in preparedness for, and consequence management of, modification and enhancement of emergency plans and procedures, and supporting plans and procedures so that they address all hazards, to include WMD terrorism. II. Objectives The principal objectives of this Grant Agreement are to provide additional financial assistance to local governments for the following activities: • Development or enhancement of state and/or local emergency plans, procedures, and support protocols. • Non-operational training related to the development or enhancement of emergency operations and strategic plans. • Conducting workshops related to the development or enhancement of emergency operations and strategic plans. • Hiring personnel or contract support to directly support these tasks. Ill. Statutory Authority Funding for FY 2002 Supplemental Funds grant is supported by Public Law 107-206. The Sub-grantee 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; and applicable state and federal laws and regulations. IV. FY 2002 Supplemental Funds Award Amount The award for the Sub-grantee is $240,000, consisting of the following approved projects: • Conduct vulnerability assessments and develop emergency response plans. • Hire a consultant to conduct site surveys of potential vulnerable terrorist sites. There is no cost-share or match requirement associated with this funding. Page 1 of 4 SAFiscalTY2003TY2003 Grant ApplicationsTY02 Supp Grant\FY 02 Supp Grant Pkg\Grant Agreement.doc if rn rr c-) z c-) Ja• 1.4 Z.71:3 C.) C) ‘0. CI rr, r%) FY 02 Supplemental Funds Grant Agreement Between The State of Michigan and Oakland County 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 FY 2002 Supplemental Funds Grant Agreement, Sub-grantee shall complete, sign, and submit to Sub-grantor the following documents, which are incorporated by reference into this Grant Agreement: (1) Summary Sheet for Assurances and Certifications, FEMA Form 20-16. (2) Audit Certification Form, EMD-53. (3) Request for Taxpayer Identification Number and Certification, Form W-9. B. Costs charged against the grant award for administrative activities are restricted to 5% for each Sub-grant 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. Sub-grantees may be requested to support maintenance of effort planning efforts through documentation supporting three previous year's budgets dedicated to this effort. D. Submit program/activity reports to the appropriate District Coordinator on a quarterly basis. E. Submit Request for Reimbursement form (FEMA 85-21) for eligible expenses to the appropriate District Coordinator. F. Submit for review, a final copy of the Plan that was developed and/or updated using these funds. 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, Sub-grantees 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 Sub-grantee 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 Sub-grantor The Sub-grantor, in accordance with the purposes and objectives of this Grant Agreement, will: A. Administer the FY 2002 Supplemental Funds 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 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. Page 2 of 4 FY 02 Supplemental Funds Grant Agreement Between The State of Michigan and Oakland County VII. Payment and Reporting Procedures A. The Sub-grantee agrees to prepare a quarterly program/activity report and a Request for Reimbursement Form (FEMA 85-21) and submit them to the Michigan State Police, Emergency Management Division. Please include appropriate supporting documentation. This documentation requirement can be met by submitting items such as an invoices or sales receipts with corresponding proof of payment (copy of check or check number), payroll registers, etc. Reports are due by October 31, 2004. Reimbursement of expenditures by the Sub-grantor is contingent upon the Sub-grantee's completion of scheduled work activities. B. The Sub-grantee agrees to return to the Sub-grantor any un-obligated balance of funds held by the Sub-grantee at the end of the Grant Agreement period, including any unused grant allocation, or handle them in accordance with the instructions provided by the Sub-grantor. C. If the Sub-grantee fails to complete scheduled work activities by the end of the Grant Agreement period, grant funds, including any equipment purchase, 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 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 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. 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 Grant Agreement. All contracts executed under this grant award will contain the contract provisions listed under 44 CFR 13.36 (i) Contract provisions. The 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 at seq. (State Contracts with Certain Employers Prohibited Act). IX. Limitation of Liability The Sub-grantor and the 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 in such litigation. This is not to be construed as a waiver of governmental immunity. X. Barrier Free Design The Sub-grantee 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). XI. 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. Page 3 of 4 FY 02 Supplemental Funds Grant Agreement Between The State of Michigan and Oakland County XII. Grant Agreement Period This Grant Agreement is in full force and effect from August 10, 2004 to October 15, 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 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. XIII. 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. 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. Sub-grantee agrees to inform Sub-grantor 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 Sub-grantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. 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. Sub-grantee 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 Sub-grantee is unable to certify to any portion of this statement, Sub-grantee shall attach to this Grant Agreement an explanation of the reason. For the Sub-grantee: Printed Name Title Signature Date For the Sub-grantor: John Ott, Captain Deputy State Director of • Emergency Management Printed Name Title 4010 (7/61-5-49 Signature Date Page 4 of 4 4000 Collins Road P.O. Box 30636 Lansing, Michigan 48909-8136 www.michigan.goviemd Volume: 04-11 June 28, 2004 Michigan Department of State Police Emergency Management Division Informational Letter TO: Local and District Emergency Management Coordinators SUBJECT: Announcement of Funds Availability - Terrorism Planning Competitive Grant #FY02-EMD/TPSG/EX Overview This competitive grant will provide a funding opportunity to selected sub-grantees in developing/updating emergency response plans and procedures with special emphasis on WMD terrorism preparedness. The selection of sub-grantees and award amounts will be determined on a competitive basis based upon the projects fit with the purpose and objectives of the grant. This grant is a redistribution of deobligated funds from the Federal Emergency Management Agency (FEMA) FY 2002 Terrorism Planning Supplemental Grant. Applicants are invited to submit proposals that enhance local prevention, preparedness, and response capabilities as accomplished through planning approaches. Proposals should include the following elements: • An element addressing how the proposed planning project builds sustainable preparedness at the local level. • A capacity-building component that includes a leave-behind capability for jurisdictions to employ (e.g. job aids, planning tools, etc.). Eligibility Programs eligible to apply under this grant must meet the following eligibility requirements: 1. Applicant must have been an eligible sub-grantee and received an initial award under the FY 2002 Terrorism Planning Supplemental Grant. 2. Applicant must have expended at least 85% of their original FY 2002 Terrorism Planning Supplemental Grant allocation. 3. Applicant must commit to spending their full grant award within the grant performance window. 4. Projects must support the goals and objectives identified in the State Homeland Security Strategy. Amount of Awards The number, quality, and requested funding levels of the applications received, and the total amount of money available for this solicitation will determine the number of awards. This is a reimbursement grant. Timeline Grant application will be due no later than July 15, 2004, and will consist of: • A Project Narrative describing the nature of the problem(s) to be addressed, the need(s) addressed by the proposed project; the project's goals and objectives; the proposed methodology to be used to achieve the goals and objectives; a task plan that specifies the various tasks to be undertaken; key milestones, and; the final product(s) and/or services to be derived from the project. • Budget Detail Worksheet using form EMD-17(6/02), (see attached). Grant Performance Period Awards will have a funding period (performance period), not to exceed October 15 2004 Match Requirements There are no cost-share or match requirements associated with this funding. Eligible Activities Coordinated planning at the State and local level is essential if State and local emergency management and first responder organizations are to be able to effectively request and use future response resources, thereby enhancing the nation's capability to respond to and recover from the imminent threat or actual occurrence of a terrorist attack involving Weapons of Mass Destruction (WMD). Funding may be used to modify and enhance emergency plans and procedures, and supporting plans and procedures so that they address all-hazards, to include WMD terrorism. In addition, funds may be used on the following activities in support of the sub-grantee's emergency plan: • Interstate and intrastate mutual aid agreements, • Facilitate communication and interoperability protocols, including the development of a communications plan so that networks and communications lines are established prior to an event, thereby minimizing the interoperability problem, • Establish a common incident command system, • Identification and plans to protect critical infrastructure, • Address local continuity of operations and continuity of government, • State and local hazard and risk assessments to determine emergency management planning priorities and must include a WMD component. Allowable Costs In order to achieve the goals of the planning initiative, sub-grantee may use funds for the following activities: • Development or enhancement of state and/or local emergency plans, procedures and support protocols. • Non-operational training related to the development or enhancement of emergency operations and strategic plans. • Conducting workshops related to the development or enhancement of emergency operations and strategic plans. • Hiring personnel or contract support to directly support these tasks. Unallowable Costs Unauthorized expenditures include: 1) expenditures for equipment; 2) operational training; 3) exercises of any kind; and, 4) activities unrelated to the completion and implementation of the approved planning project. Maintenance of Effort/Supplanting of Funds The purpose of this funding is to increase the level of capability of sub-grantees to develop or enhance all-hazard planning efforts with an emphasis on terrorism/CBRNE events. Funds approved under sub-grant awards shall be used to supplement and shall not be used to supplant Federal, State or Local funds dedicated to this effort. Request for Reimbursement Upon successful completion of each performance measure described, the sub -grantee shall be reimbursed. Performance Reports The sub-grantee shall submit a performance report to the Emergency Management Division no later than October 31, 2004. [Fifteen (15) days after the end of the performance window]. The report shall consist of a comparison of actual accomplishments to the approved performance measures. Selection Criteria The Emergency Management Division (EMD) is the main evaluating group for your application. EMD will review applications for merit in terms of applicant eligibility, completeness of the application, suitability of the project to the grant purpose, program priorities; and the appropriateness of the requested budget to the proposed work. For those applications judged to be competitive, EMD will assign a priority score ranging from 0 to 100. Grant applications will be reviewed according to the following criteria: 1. Identification of the problem(s) the proposal addresses. (20 points) 2. Description of goals and objectives, and plans to accomplish those objectives. (25 points) 3. Description of program performance measures for the project period. (20 points) 4. Description of project's strategies for conducting the planning activity using a cross-disciplinary approach. Include a description of proposed or existing partnerships. (10 points) s. Presentation of a project budget (on form EMD-17) that is directly related to activities in the proposal, and categorized according to cost for personnel, travel, supplies, contracts, and other costs. (20 points) 6. Projects that address international border issues. (5 points) Emergency Management Division 2 Based upon the total score, one of two actions will occur: 1. Grant application is approved. Sub-grantee will receive a grant agreement package that indicates amount of the award. 2. Grant application is denied. Applications will be returned with the final score indicated and an explanation why the application was not selected. Submission and Your Application Complete the following application sheet and required supporting documentatiOn. Applications must be submitted no later than 5:00 p.m. on July 15, 2004. No late applications will be considered. Send to: Mr. Mark Wesley Emergency Management Division Michigan Department of State Police 4000 Collins Rd. Lansing, MI 48909 If you have any questions regarding this announcement, please contact Mr. Wesley at (517) 333-5023 or e-mail: weslevrnmichioan.00v Sincere JDNORT, CAPTAIN Deputy State Director of Homeland Security and Emergency Management JO:MW:dw Attachments a Grant Application • Budget Detail Worksheet (290) Emergency Management Division FISCAL NOTE (MISC. #04296) October 7, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - FY 2002 SUPPLEMENTAL FUNDS AMENDED GRANT AGREEMENT FOR TERRORISM PREPAREDNESS - ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The 2002 Supplemental Appropriations Act For Further Recovery From and Response to Terrorist Attacks on the United States was passed by the Congress and signed by the President on August 2, 2002. 2. Oakland County submitted an application and received approval to conduct vulnerability assessments for two Oakland County Airports and local CVT public safety buildings in the amount of $240,000. 3. Previously the County Executive - Emergency Response and Preparedness Division was awarded $70,746, for the updating of Emergency Operations Plans (EOPs) with special emphasis on terrorism preparedness. 4. The grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners Grant Acceptance Procedures. 5. An amendment to the FY 2004 grant budget is recommended as specified below: Revenue 1-11-276-100901-70001-0113 Grants - Federal Rev. $240,000 Expense 2-11-276-200901-70001-3348 Prof. Svs. $240,000 $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. G. William Caddell, County Clerk Resolution #04296 October 7, 2004 Moved by Crawford supported by Bullard the resolution be adopted. AYES: Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. I IIBEBY NPROVE TIE MEM 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 October 7th, 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 7th day of October, 2004.