HomeMy WebLinkAboutResolutions - 2005.07.28 - 27864MISCELLANEOUS RESOLUTION .#05138 July 28, 2005
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS —
PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2005 APPLICATION/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 $48,974 for the period of October 1, 2004, through September 30, 2005;
and
WHEREAS Emergency Management was notified of available grant funding via a letter dated May 26,
2005, as attached; and
WHEREAS this is the 33rd 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 State and local
governments; and
WHEREAS the grant represents a reimbursement for a portion of salary and fringe benefits for position
#09864 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 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 $48,974 for Fiscal Year 2005.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the grant agreement and to approve any grant extensions or changes, within fifteen percent
(15%) of the original award, which are consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on a roll call vote with Potter, Molnar and Middleton absent.
Gail Novak
From: Greg Givens [givensg@co.oakland.mi.us ]
Sent: Tuesday, June 28, 2005 2:18 PM
To: Doyle, Larry; Novak, Gail; Pearson, Linda
Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel,
Nancy; Johnston, Brenthy; Worthington, Pam
Subject: GRANT REVIEW — Emergency Response and Preparedness
GRANT REVIEW - Emergency Response and Preparedness
GRANT NAME: FY 2005 Emergency Management Performance Grant (EMPG) Program FUNDING AGENCY:
Michigan Department of State Police
DEPARTMENT CONTACT PERSON: Gail Novak / 85080
STATUS: Acceptance
DATE: June 28, 2005
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have
completed internal grant review. Below are the comments returned by review departments.
Please note, Corporation Counsel has provided comment. The modifications required by
Corporation Counsel must be incorporated into the resolution prior to Board acceptance.
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 (6/15/2005)
Department of Human Resources:
Approved. - Nancy Scarlet (6/15/2005)
Risk Management and Safety:
Approved. - Gerald Mathews (6/28/2005)
Corporation Counsel:
After reviewing the Agreement for the above referenced grant, I see no legal issues that
must be resolved before execution. Please note that the sixth "WHEREAS" in the attached
Board of Commissioners Resolution needs to be changed, because Corporation Counsel has
approved the grant. - Jody Schaffer (6/21/2005)
1
EXECUTIVE SUMMARY
OAKLAND COUNTY EMERGENCY RESPONSE AND PREPAREDNESS
PERFORMANCE GRANT AGREEMENT
2005
BACKGROUND
The Emergency Management program provides for the planning, response, recovery
and mitigation for natural, technological, nuclear emergency and/or disaster situations.
Originated as part of the old federal civil defense program, activities in Oakland
County now includes the Early Weather Warning Program, Emergency Operations
Center (EOC) exercises, plan development, information and education and critical
incident stress debriefing.
The Federal Emergency Management Agency (FEMA) provides the State of Michigan,
through the Michigan State Police Emergency Management Division, funds through a
performance grant for state and local programs. In order to continue to receive funds,
Oakland County Emergency Response and Preparedness is required to maintain
compliance with state and federal emergency management program requirements.
The State of Michigan Emergency Management Division, as the designated grantee,
enters into grant agreements with locals annually.
GRANT
The purpose of the Emergency Management Performance Grant (EMPG) program is
to encourage the development of comprehensive disaster preparedness and
assistance plans, programs, capabilities and organizations. States are required to use
the funds according to Title VI of the Stafford Act. Financial and technical assistance
is provided to support efforts to improve emergency response capabilities.
Oakland County has received funding since 1972 and the revenue anticipated is
included annually in the Oakland County budget. The grant period is from October 1,
2004, to September 30, 2005, and is one-year, federal pass through funding. The
lateness in the approval is due to the Federal appropriation delay to the State.
6/05
COL. TADARIAL J. STURDIVANT
DIRECTOR
KAY 31 1411:49
STATE OF MICH!
DEPARTMENT OF &If_
LANSfNidt- 1:104AGEMENT
JENNIFER M. GRANHOLM
GOVERNOR
May 26, 2005
Dear Emergency Management Coordinator:
The Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP) 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 97.067.
Enclosed please find two copies of the FY 2005 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 Assurances (OJP Form
4000/3), Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility
Matters; and Drug-Free Workplace Requirement (OJP Form 4061/6), and State of Michigan
Audit Certification (Form EMD-053). Return the signed forms to the address indicated on the
enclosed EMPG Agreement 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 2005 budget for federal EMPG pass-through funds is $2,000,000. The total
award for your program for FY 2005 is noted in paragraph IV (Emergency Management
Performance Grant Award) of the EMPG Grant Agreement for FY 2005.
Reimbursement for your EMPG program is contingent upon completion of the activities in the
signed Emergency Management Work Agreement. 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
Homeland Security and 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.
You may utilize the specific award you will be receiving to compensate a portion of the program
manager's wages and fringe benefits or for the allowable 2.5% Management and Administrative
costs. The quarterly billing form is enclosed for your use. Please note that this form has been
revised, and the new form (EMD-007) must be submitted beginning third quarter 2005 (due
July 15 to your District Coordinator). This new form was created because the EMPG is no
longer a FEMA grant. Documentation (in the form of check numbers or payroll register
reports) is required for the program manager's salary and fringe benefits costs. The 2.5%
Management and Administrative costs are included in the EMPG allocation, not in addition
4000 COLLINS ROAD • P.O.Bcx 30636 • LANSING. MICHIGAN 48909-8136
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Sin
OHN ORT, CAPTAIN
Deputy State Director of Homeland Security
and Emergency Management
to the allocated amount. If M&A costs are claimed, narrative must be submitted detailing
the expenses that are included in these costs. Please refer to paragraph V in the grant
agreement for further explanation.
As a recipient of funding from DHS / ODP, you are responsible for the management arid 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. You may also contact June through her state of Michigan email address at
MartinJunemichioan.00v or at the mailing address listed on the letterhead.
JO:SG:jm
Enclosures
(354)
State of Michigan
EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)
AGREEMENT FOR FY 2005
October 1, 2004 through September 30, 2005
CFDA # 97.067
zc>
This Emergency Management Performance Grant (EMPG) Agreement is hereby entered into between the
Michigan Department of State Police, Emergency Management Division, hereinafter called the t"4 Subgrantor, and rn
1.0
OAKLAND COUNTY RESPONSE & PREPAREDNESS
Hereinafter called the Subgrantee.
I. Purpose
The purpose of this agreement is to provide federal Emergency Management Performance Grant (EMPG)
funds to the Subgrantee for the development and maintenance of an emergency management program
capable of protecting life, property, and vital infrastructure in times of disaster or emergency.
II. Objectives
The principal objective of this agreement is to provide financial assistance for the development and
maintenance of an effective, integrated emergency management organization in the Subgrantee's political
jurisdiction so that the Subgrantee can:
A. Achieve and maintain effective operational capabilities based on the ability to recruit, develop, and
retain the necessary personnel to ensure well-trained, experienced professionals and specialists
for key positions.
B. Plan, train, exercise, and evaluate capabilities to ensure adequate response to natural or
technological emergencies or disasters, including the consequences of terrorism.
C. Support federal and state efforts to protect lives and prevent the loss of property from all hazards,
reduce human suffering and enhance recovery of communities after a disaster strikes or an act of
terrorism occurs, and ensure the public is served in a timely and efficient manner.
D. Develop and maintain hazard identification and risk reduction through mitigation activities.
Statutory Authority
Funding for the Fiscal Year (FY) 2005 Emergency Management Performance Grants (EMPGs) is
authorized by the FY05 Department of Homeland Security Appropriations Act.
The Subgrantee agrees to comply with all EMPG program requirements in accordance with the Michigan
Emergency Management Act, Act 390, P.A. of 1976, as amended, located at
http://www.michigan.govidocumentsimsnemd-Act .39( of 1076 71?5 '7 nrif; the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as amended, located at http://www.fenia.govilibrarvistafact.slum ,
Emergency Management and Assistance Regulations (44 CFR), located at
tittp://www.access.goo.-, Office of Management and Budget Circulars
A-87, A-102 and A-133, as revised, located athttn://www.whitehouse.ov/omh/circul&j/in4ex html, 28 CFR
Part 66 and 28 CFR Part 70, located at htte://www.access.geo.govinara/cfr/waisidx 04/nrfrvU4 html, the
U.S. General Accounting Office Government Auditing Standards, located at
htto://www.gao.aoviaoyaudiybkOlittp, the OJP Financial Guide 2005, located at
hav://www.oip.usdojsov/FinGuide, the Emergency Management Performance Grant Guidebook and
applicable state and federal laws and regulations.
Page 1 of 7
FY 2005 EMPG Agreement
Between the State of Michigan and
OAKLAND-COUNTY
IV. Emergency Management Performance Grant Award Amount and Restrictions
For FY 2005, the total EMPG award for the Subgrantee is $48,974.00. The Grantor determined the
Subgrantee's EMPG allocation as 38.267337% 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 may receive less than
the allocated amount if the subgrantee's cost share of wages and fringe benefits paid to the program
manager are less than the quarterly allocation. (This payment amount would also include the 2.5%
eligible Management and Administrative (M&A) costs.) The Subgrantee's EMPG program budget,
documented on the Local Budget for Emergency Management Performance Grant (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. The Subgrantee may utilize grant funds for the reimbursement of
salary, overtime, compensating time off and associated fringe benefits for the program manager, and up
to 2.5% of the allocation may be utilized for M&A costs.
Grant Agreement funds shall not be used for other purposes. The funds awarded in the grant agreement
shall only be used to cover allowable costs that are incurred during the agreement period. Federal funds
cannot exceed 50% of eligible costs of the program manager's salary and fringe benefits, including the
2.5% M&A 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. For further information on
allowable local match sources and types of funds, see the OJP Financial Guide, Chapter 3, at
htto://www.oio.usdoi.gov/FinGuide/. DHS administers cost sharing requirements in accordance with 44 CFR
13.24, which is located at
htto://a257.g.akamaitech.net/7/257/2422/04nov20031500/edociet gcrecc onn onvh-fr 'Ynnlinerntriitn,f,11 ')A
Unauthorized program expenditures include the following:
A. Travel, equipment, operating expenses, contractors/consultants, and indirect costs
B. Expenditures for items such as general-use software (word processing, spreadsheet graphics,
etc), general-use computers and related equipment (other than for allowable M&A activities, or
otherwise associated preparedness or response functions), general-use vehicles, licensing fees,
weapons systems and ammunition.
C. Construction and renovation
D. Activities unrelated to the completion and implementation of the SHSP
E. Other items not in accordance with the Authorized Equipment List (AEL), located at
htto://www 1 skb.mipt.org/.
Certain items listed above may be eligible under the 2.5% Management and Administrative costs,
although they are not eligible as direct EMPG program expenditures.
V. Management and Administrative Costs (M&A Costs)
All programs within HSGP, including EMPG, have allowable M&A costs for the local unit of government.
The local jurisdiction may retain and use up to 2.5% of their subaward from the state for local M&A
purposes. In the EMPG program, the 2.5% M&A costs are included in the EMPG allocation, not in
addition to the allocated amount. If M&A costs are claimed, narrative must be submitted detailing the
expenses that are included in these costs. The M&A allowance cannot be used to reimburse existing staff
as this would result in supplanting. The expenditures must be for new staff and new expenses only.
Allowable M&A costs include:
A. Hiring of full-time or part-time staff or contractors/consultants:
1. to assist with the management of FY05 HSGP programs.
2. to assist with design, requirements, and implementation of the FY05 HSGP programs.
Page 2 of 7
FY 2005 EMPG Agreement
Between the State of Michigan and
OAKLAND COUNTY
3. to assist with the implementation and administration of the State Homeland Security Strategy
(SHSS), as it may relate to the individual grant program.
B. Hiring of full-time or part-time staff or contractors/consultants and expenses related to:
1. HSGP pre-application submission management activities and application requirements.
2. Meeting compliance with reporting/data collection requirements, including data calls.
C. Development of operating plans for information collection and processing necessary to respond to
DHS/ODP data calls
D. Travel expenses
E. Meeting-related expenses (for a complete list of allowable meeting-related expenses, please
review the OJP Financial Guide at http://www.oplusdoi.gov/FinGuidq).
F. Acquisition of authorized office equipment, including personal computers, laptop computers,
printers, LCD projectors, and other equipment or software which may be required to support the
implementation of the homeland security strategy.
G. The following are allowable only within the period of performance of the grant program:
1, Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc.
2. Leasing and/or renting of space for newly hired personnel to administer programs within FY05
HSGP.
VI. Supplanting
This Grant Agreement designates HSGP funds for reimbursement of authorized costs. Grant Agreement
funds shall not be used for other purposes. The funds awarded in the Grant Agreement shall only be used
to cover allowable costs that are incurred during the Grant Agreement period. The funds must
supplement, not supplant, state or local funds. Federal funds will be used to supplement existing
funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Potential
supplanting will be carefully reviewed in the application review, in subsequent monitoring, and in the audit
The Subgrantee may be required to supply documentation certifying that they did not reduce non-federal
funds because of receiving federal funds. Federal funds cannot be used to replace a reduction in non-
federal funds or solve budget shortfalls in general fund programs.
VII. Responsibilities of the Subgrantee
The Subgrantee agrees to complete quarterly work activities identified in its Emergency Management
Work Agreement (EMD-31). That report is incorporated into this agreement as Attachment B. The
Subgrantee also agrees to comply with all applicable federal and state regulations, specifically including
the following:
A. Enact enabling legislation establishing the local emergency management program and ensure a
copy of the local resolution or ordinance is on file with the Subgrantor.
B. Appoint an emergency management program manager who is able to assume responsibility for
the following functions, either personally or through officers:
1. Development and maintenance of programs and systems for effective coordination of
community resources in all phases of emergency management: mitigation, preparedness,
response and recovery.
2. Planning and preparation for population protection, including evacuation and sheltering.
3. Planning and preparation for its appropriate role in response to 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.
9. Complying with FY05 NIMS implementation requirements and moving toward full NIMS
compliance. NIMS information is available at http://www.fema.gov/nims.
Page 3 of 7
' FY 2005 EMPG Agreement
Between the State of Michigan and
OAKLAND COUNTY
C. Provide Subgrantor with complete job description for the federally funded EMPG program
manager, including non-EMPG duties.
D. Notify the Subgrantor immediately of any changes in the EMPG funded program manager's
position.
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 the EMPG funded program manager completes specific training classes as required by
the Annual Work Agreement for FY 2005.
I. Have on file with the EMD District Coordinator an approved and current emergency operations
plan.
J. Account for receipts and expenditures, maintain adequate financial records, and refund
expenditures disallowed by federal or state audit.
K. Submit the appropriate forms for reimbursement of eligible expenses to the appropriate District
Coordinator on a quarterly basis.
L. 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.
M. 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 the Budget and Financial Services Division,
Michigan Department of State Police, 714 South Harrison Road, East Lansing, Michigan 48823.
N. Comply with all items included in the Assurances (OJP Form 4000/3) and Certifications Regarding
Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace
Requirement (OJP Form 4061/6). These documents and all applicable attachments are
incorporated into this agreement as Attachment C.
VIII. Responsibilities of the Subgrantor
The Subgrantor, in accordance with the general purposes and objectives of this agreement, will:
A. Administer the EMPG program in accordance with the State of Michigan Administrative Plan for
the EMPG program and all applicable federal and state regulations and guidelines.
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 program manager's salary and
fringe benefits, including the 2.5% M&A costs, listed on 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.
IX. Payment and Reporting Procedures
A. The Subgrantee agrees to prepare the Quarterly Billing Form (EMD-007) and submit it with
supporting documentation, including all required authorized signatures and required
reimbursement documentation 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.
•
Page 4 of 7
FY 2005 EMPG Agreement
Between the State of Michigan and
OAKLAND COUNTY
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
Homeland Security and 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, 2005), any balance of the EMPG award may be forfeited.
E. A Subgrantee that fails to complete the annual exercise requirement as scheduled within FY
2005, may be ineligible for EMPG funding for that quarter and all remaining quarters of FY 2005,
and all subsequent quarters until the quarter when the qualifying exercise is completed.
F. The Subgrantee is responsible for providing updated obligation and expenditure information on a
regular basis through BSIR (Biannual Strategy Implementation Reports). The BSIR is due within
20 days after the end of the reporting period (July 20 with a reporting period of January 1 through
June 30, and on January 20 with a reporting period of July 1 through December 31). Future
awards and fund drawdowns may be withheld if these reports are delinquent. The final BSIR is
due 120 days after the end date of the award period.
G. The Subgrantee agrees to return to the Subgrantor any unobligated balance of funds held by the
Subgrantee at the end of the agreement period or handle them in accordance with the instructions
provided by the Subgrantor.
X. Employment Matters
Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, 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 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, limited English proficiency, or handicap that is unrelated to the individual's
ability to perform the duties of a particular job or position. Subgrantee agrees to include in every
subcontract entered into for the performance of this Grant Agreement this covenant not to discriminate in
employment. A breach of this covenant is a material breach of this Grant Agreement.
Subgrantee shall ensure that no subcontractor, manufacturer or supplier of the Subgrantee for this
Program 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).
Xl. Limitation of Liability
Subgrantor and 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 party in such litigation.
This is not to be construed as a waiver of governmental immunity.
XII. 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.
Page 5 of 7
FY 20d5 EMPG Agreement
Between the State of Michigan and
OAKLAND`COUNTY
XIII. 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.
XIV. Freedom of Information Act (FOIA)
Information submitted in the course of applying for funding under this program, or provided in the course
of its grant management activities, may be considered law enforcement sensitive or otherwise important to
national security interests. While this information under federal control is subject to requests made
pursuant to the Freedom of Information Act, 5. U.S.C. §552, all determinations concerning the release of
information of this nature are made on a case-by-case basis by the DHS FOIA Office, and may likely fall
within one or more of the available exemptions under the Act.
XV. Agreement Period
This Grant Agreement is in full force and effect from October 1, 2004, through September 30, 2005.
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, 2004. 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.
XVI. 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 XV 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 as 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.
XVII. 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.
Page 6 of 7
John Ort Captain
Printed Name
Sign
nenlitv Staff% nin2rtnr nf HnmAland Rant 'Mx/ =net
Emergency Management
Title
Mav2f 20O
Date
FY 2005 EMPG Agreement
Between the State of Miqhigan and
OAKLAND COUNTY
XVIII. 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 Chief Elected Official:
Printed Name
Signature
Title
Date
For the Local Emergency Program Manager:
Printed Name Title
Signature Date
For the Subgrantor:
(353)
Page 7 of 7
FISCAL NOTE(M1SC. #05138) July 28, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS -
PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2005 APPLICATION/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 Response and Preparedness has been
awarded grant funding by the State of Michigan in the amount
of $48,974 for the development of comprehensive disaster
preparedness and assistance plans, programs, capabilities,
and organizations by the State and local governments.
2. This is the 33rd year of grant acceptance for this program.
3. The FY 2005 total EMPG award funds approximately 38.27% of
the Emergency Management Program Administrator's salary and
fringe benefits (position #09864).
4. In addition, the funds may be utilized for the reimbursement
of other associated management and administrative costs (as
approved in the agreement), up to 2.5% of the awarded funds.
5. No County General Fund/General Purpose dollars are required
for match.
6. Revenue from this agreement is included in the Fiscal Year
2005 Adopted Budget as General-Purpose revenue.
7. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #05138 July 28, 2005
Moved by Gregory supported by Molnar the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII,
Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
"Nam
I HEREBY APPROVE 111 FVJJ INUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 July 28, 2005 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 28th day of July, 2005.
Ruth Johnsdan, County Clerk