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HomeMy WebLinkAboutResolutions - 2006.03.09 - 28225MISCELLANEOUS RESOLUTION #0603) March 9, 2006 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - 2005 MLB ALL-STAR GAME PUBLIC SAFETY GRANT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff's Office applied to the Michigan State Police, Emergency Management Division, for $11,215 in grant funding from Public Act 200 of 2005 to provide law enforcement services related to the 2005 Major League Baseball (MLB) All-Star Game; and WHEREAS the Michigan State Police awarded Oakland County with a grant in the amount of $11,215; and WHEREAS no county match or additional positions are required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the continuation of this program is contingent upon future levels of grant funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the 2005 MLB All-Star Game Public Safety Grant award from the Michigan State Police in the amount of $11,215 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Motion carried unanimously on a roll call vote with Zack absent, Pam Worthington From: Dale Cunningham [cunninghamd@co.oakland.mi.us ] Sent: Tuesday, February 07, 2006 3:57 PM To: givensg©co.oakland.rni.us ; 'Doyle, Larry'; 'Rozell, Joe' Cc: 'Frederick, Candace'; 'Smith, Laverne': 'Mitchell, Sheryl'; 'Pardee, Mary'; 'Hanger, Helen': 'Wenzel, Nancy'; 'Johnston, Brenthy'; 'Worthington, Pam' Subject: RE: GRANT REVIEW - Sheriffs Office / All Star Changes as recommended by Corp Counsel have been made. Dale. —Original Message----- From: Greg Givens [mailto:givensg@co.oakland.rni.us] Sent: Tuesday, February 07, 2006 3:26 PM To; Doyle, Larry; Cunningham, Dale; RazeII, Joe Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam Subject: GRANT REVIEW - Sheriffs Office / All Star GRANT REVIEW - Sheriffs Office IIIMINNINNEMM GRANT NAME: 2005 MLB All-Star Game Public Safety Grant FUNDING AGENCY: Michigan Department of State Police DEPARTMENT CONTACT PERSON: Dale Cunningham / 8-5512 STATUS: Acceptance DATE: February 7, 2006 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. Corporation Counsel has provided comment. The modifications required by Corporation Counsel must be incorporated into the contract prior to contract execution by the Board Chair. *A copy of this review comment "sign-off' sheet must be signed by the operating department's director at the space provided below Corporation Counsel's comments. This signature is to acknowledge the required modification is made to the contract. The sign-off sheet, with department signature, must accompany the contract when presented to the Board Chair for signature. 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 (1/31/2006) Department of Human Resources: Approved. - Nancy Scarlet (2/6/2006) Risk Management and Safety: Approved By Risk Management - Andrea H. Plotowski (2/4/2006) Corporation Counsel: The above referenced grant in the amount of $11,215 is approved with the following three modifications. I spoke to Dawn Lake at the Michigan State Police, Emergency Management Division on Friday, February 3, 2006 and she ok'd the modifications. The modifications can simply be accomplished by crossing out or drawing a line through the language at issue and having Chairperson Bill Bullard initial the crossed out language. The modifications are as follows: (1) cross out Section 1 V.A. iii--"Other documents that may be required by state officials", (2) cross out Section V.C.-the last two sentences----"The Department of State Police, Freedom of Information Officer, will determine which information is to be released on a case-by-case basis. All applicants should be aware tat any information created exclusively for the purpose of applying for and monitoring grants hereunder is the property of State Government, and shall not otherwise be disclosed or released pursuant to state or local law or regulation"; and (3) cross out Section VI.F.--- the last two sentences----"The Department of State Police, Freedom of Information Officer, will determine which information is to be released on a case-by-case basis. All applicants should be aware tat any information created exclusively for the purpose of applying for and monitoring grants hereunder is the property of State Government, and shall not otherwise be disclosed or released pursuant to state or local law or regulation". Please let me know if you have any questions. - Jody Hall (2/612006) *This is to certify that the required changes noted by Corporation Counsel are made to the contract / cooperative agreement being signed by the Board Chair. Department Director Date Greg Givens, Supervisor Grants Administration Unit Fiscal Services Division 2 State of Michigan 2005 MLB All-Star Game Public Safety Grant Agreement This Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management Division (hereinafter called the Sub-grantor), and Oakland County Sheriffs Office (hereinafter called the Sub-grantee) I. Purpose The purpose of this Grant Agreement is to provide state funds through the Sub-grantee to law enforcement, fire, emergency medical services, homeland security/emergency management, and public health agencies that have provided public safety services to the 2005 MLB All-Star Game. This grant agreement will also state the terms and conditions under which such assistance will be provided and the manner in which the program will be conducted. The Sub- grantee agrees to comply with the general terms and conditions set forth in the grant award. II. Objectives The principal objective of this Grant Agreement is to provide financial assistance for allowable costs associated with public safety related to the 2005 MLB All-Star Game. The following is a list of the eligible cost categories under this grant program: Overtime • result of personnel who work over above their normal schedule while performing approved program duties Backfill • result of personnel who are working overtime in order to perform approved program duties of other personnel who are temporarily assigned to approved program activities outside their core responsibilities Administrative Costs ▪ cost of administrating this program only; limited to 3% Vehicle Expenses - cost of mileage or fuel and operational use of specialized vehicles (aircraft/watercraft) III. Statutory Authority Funding for the 2005 MLB All-Star Game Public Safety Grant is authorized by the State of Michigan Public Act 200 of 2005. IV. Public Safety Grant Award Amount and Restrictions The Public Safety Grant award amount to the Oakland County Sheriff's Office is $11,215.41, to be spent on only what is approved under your jurisdiction's attached approved application. Please see attached approved application for what the eligible costs are for your jurisdiction. 2005 MLB All-Star Game Public Safety Grant Agreement Oakland County Sheriffs Office Page 2 of 6 Expenses incurred r ent or hire full-time personnel are NOT eligible for reimbursement under this AdditirrnaIlyçonsumabIe consumalexpenses other than fuel or other expendable supplies are not allowed. This Grant Agreement designates State of Michigan 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. State 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. Sub-grantee may be required to supply documentation certifying that they did not reduce non-state funds because of receiving state funds. V. Responsibilities of the Sub-grantee The Sub-grantee agrees to do the following: A. In addition to this 2005 MLB All-Star Game Public Safety Grant Agreement, Sub- grantees shall complete, sign, and submit to Sub-grantor the following documents, which are incorporated by reference into this Grant Agreement: i. A W-9 Tax Identification Form is required for every agency (fire dept., police dept., etc.) within Sub-grantee's jurisdiction that is going to be paid directly from Sub-grantor. ii. The Reimbursement Cover Sheet (EMD-054). See Section VII of this grant agreement for more details. B. Comply with the following guidance, including: Comply with program requirements in accordance with the Michigan Emergency Management Act, Act 390 of 1976, located at http://www.leg is lature.mi.gov/(xrunzv55iwuh ntrnocc1bubbn)fmileg.aspx?page= GetMCLDocument&objectname=mcl-Act-390-of-1976&queryid=12356792. ii. Comply with the State of Michigan Financial Management Guide, located at http://www.michigan.gov/budget/0,1607,7-157-13404_27707-99757--,00.html. iii. Comply with the applicable financial and administrative requirements set forth in the current edition of "U.S. Department of Justice Financial Guide," located at http://www.ojp.usdo .i.gov/FinGuidet, which includes the following provisions: 1. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by state audit. 2005 MLB All-Star Game Public Safety Grant Agreement Oakland County Sheriffs Office Page 3 of 6 2. Retain all financial records, supporting documents, statistical records, and all other records pertinent to the 2005 MLB All-Star Game Public Safety Grant for at least three years after the financial close-out date of this grant program for purposes of state examination and audit. C. Sub-grantor and Sub-grantee FY05 MLB All-Star Game Public Safety Grant information is subject to requests made pursuant to the federal and state Freedom of Information Act (FOIA), §5. USC 552 & MCLA 15.243, Section 13(1)(u)&(y). VI. Responsibilities of Sub-grantor The Sub-grantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the 2005 MLB All-Star Game Public Safety Grant in accordance with all applicable state regulations and guidelines. B. Provide direction and technical assistance to the Sub-grantee. C. Provide any special report forms and reporting formats (templates) required by the Sub-grantor for operation of the program. D. Reimburse the Sub-grantee in accordance with this Grant Agreement based on appropriate documentation submitted by the Sub-grantee. E. Conduct random on-site reviews with Sub-grantee(s). F. Sub-grantor and Sub-grantee FY05 MLB All-Star Game Public Safety Grant information is subject to requests made pursuant to the federal and state Freedom of Information Act (FOIA), §5. USC 552 & MCLA 15.243, Section 13(1)(u)&(y). toGai-favrarre-gria4441R-.-- VII. Payment and Reporting Procedures The Sub-grantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation, including all required authorized signatures, and submit it as needed if there are eligible expenses to be reimbursed. The Reimbursement Cover Sheet 2005 MLB All-Star Game Public Safety Grant Agreement Oakland County Sheriffs Office Page 4 of 6 (EMD-054) and other reimbursement forms can be found on the EMD website at http://www.michigan.gov/msp/1,1607,7-123-1593_3507--,00.html . Once there, click on "Inside EMD" and then on "Homeland Security Reimbursement Forms." Please note regarding Reimbursement Cover Sheet (EMD-054): • If an agency (fire dept., police dept., etc.) within Sub-grantee's jurisdiction is submitting for reimbursement on behalf of the Sub-grantee, please place Sub-grantee's name in the "Local Emergency Management Program" cell and the agency's name in the "Agency's Name and Phone # completing the form if different than the local EM Program (Sub-recipient)" cell. THE DEADLINE TO SUBMIT REQUESTS FOR REIMBURSEMENT IS FEBRUARY 24, 2005 Please refer to the attachment "Reimbursement Requirements" in order to meet the documentation requirements. SUB-GRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED INITIAL SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED. VIII. Employment Matters Sub-grantee shall comply with the 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 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. Sub-grantee shall ensure that no subcontractor, manufacturer, or supplier of Sub-grantee on this Project appears in the register compiled by the U.S. Labor Relations Board, pursuant to Section 2 of 1980 Public Act 278, as amended, MCL 423.321 et seq. Pursuant to Section 4 of 1980 Public Act 278, as amended, MCL 423.321 et seq., the State may void any contract if, subsequent to the award of the contract, the name of the Grantee as an employer, or the name of a subcontractor, manufacturer, or supplier of the Grantee appears in the register. IX. Limitation of Liability Sub-grantor and Sub-grantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from 2005 MLB All-Star Game Public Safety Grant Agreement Oakland County Sheriffs Office Page 5 of 6 performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. X. Third Parties This Grant Agreement is not intended to make any person or entity, not a party to this Grant Agreement, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor. Xl. Grant Agreement Period This Grant Agreement is in full force and effect for the time period that is specifically detailed in your jurisdiction's approved application. No costs eligible under this Grant Agreement shall be incurred outside of your jurisdiction's approved application. This Grant Agreement consists of two identical sets simultaneously executed; each is considered an original having identical legal effect. Either party may terminate this Grant Agreement 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. XII, Entire Grant Agreement This Grant Agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents, and representations between Sub-grantor and Sub-grantee, whether expressed, implied, or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amended except by written instrument executed by both parties prior to the termination date set forth in Paragraph Xl above. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party. Sub-grantee agrees to inform Sub-grantor in writing immediately of any proposed changes of dates, budget, or services indicated in this Grant Agreement, as well as changes of address or personnel affecting this Grant Agreement. Changes in dates, budget, or services are subject to prior written approval of Sub-grantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. XIII. Business Integrity Clause The Sub-grantor may immediately cancel the grant without further liability to the Sub-grantor or its employees if the sub-grantee, an officer of the sub-grantee, or an owner of a 25% or greater share of the Sub-grantee is convicted of a criminal offense incident to the application for or performance of a State, public, or private grant or subcontract; or convicted of a criminal offense including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted It? t /9, AQ fAileigiat) 2005 MLB All-Star Game Public Safety Grant Agreement Oakland County Sheriffs Office Page 6 of 6 under State or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Sub-grantor, reflects on the Sub-grantee'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 jurisdiction he or she represents. Printed Name Title 04 444 CEta 7-/ Name of Jurisdiction RAW (4edlet/L)-1 // Signature I Date For the Sub-grantor (Michigan State Police — Emergency Management Division) Capt. Kriste Etue Printed Name Deputy State Director of Homeland Security and Emergency Management Title Signature Date Reimbursement Requirements What is required for a grant reimbursement? Request for Reimbursement Procedure: Submit one signed Reimbursement Coversheet (EMD-054) for each project you have incurred expenses. Attach the necessary supporting documentation (Payroll Reimbursement Detail (EMD-055), Travel Reimbursement Detail (EMD-057), Supplies and Other Items Reimbursement Detail (EMD-056)) to each Reimbursement Coversheet (EMD-054). Obtain the appropriate signatures on all reimbursement forms. Please see Emergency Management Division (EMD) Information Letter 05- 07 for direction. Send all Reimbursement Coversheets (EMD- 054), with attached documentation, to the EMD by the established due dates. Additional forms ma need to be submitted to en - i. • . - meeting the program requirements of the individual solution areas For example, pre and post exercise reports/narratives. Review the grant guidance specific to the solution area to determine if you are in compliance with the eligibility requirements pertaining to the solution area. Retain a copy of all documentation that you have sent to EMD for your files. Federal funds under a grant award will be used to supplement, but not supplant, local funds for homeland security preparedness. a) Grant funds may not be used to replace local funds that would, in the absence of federal aid, be available for forthcoming programs. A grant recipient may not use federal grant funds for programs for which the recipient is already obligated to pay or has funded. What is required for Documenting requests for regular, overtime, & backfill hourly compensation? Full or Part-time staff requests for reimbursement of regular, overtime, or backfill time will require the following documentation: A copy of the Payroll Reimbursement Detail (EMD-055) fully completed, including all hours worked, rate of pay, all benefits paid for each individual, and the required signatures. No check numbers are required. The Sub-grantee must retain files of all documentation (time sheets, payroll records, check numbers, copies of checks, etc.) at their work site for three years after the financial close-out date of each grant program. Sub-grantees will be notified of the appropriate documentation retention timelines as they become established. • Dual compensation is not allowed. For example, an employee of a unit of government may not receive compensation from their unit or agency of government AND from a grant for a single period (e.g., 1:00 PM to 5:00 PM), even though such work may benefit both activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or the awarding agency, whichever is applicable. • Compensatory (Comp.) Time is NOT authorized for reimbursement. - Overtime payments are only allowed for services in the training and exercise solution areas in accordance with policies of the state or unit() of local government and have the approval of the state or the awarding agency, whichever is applicable. Overtime fringes are restricted to FICA (Social Security and Medicare), Worker's Compensation, and Unemployment Compensation. • According to the Office of Domestic Preparedness (ODP), retirement fringes are not authorized for reimbursement on overtime. • Local units of government must follow their established policies and procedures and cannot create new local rates and/or policies to gain additional funds from a federal grant award. Backfill is authorized for reimbursement if indicated in the allowable costs for each grant. Backfill is authorized for training and exercise but is not authorized for planning or equipment. • Backfill can be recognized either as regular time or overtime. The same rules above apply for what fringe benefits are eligible. • To request backfill pay, provide the name of the individual who is replaced (Note: times, dates, hours, etc. must match regular training or exercise duty assignment times). Homeland Security Grant Specific: Overtime is allowed for performance of organizational activities under the LETPP solution area, but no more than 20% of LETPP funds may be used for these activities without prior approval for Department of Homeland Security (DHS)/ODP. (Please contact EMD/Homeland Security Section if you would like to request a shift of funding.) Overtime is NOT eligible for ANY planning or management and administration solution areas. What is required for documenting requests for contractor or consultant fees? Contractors'/Consultants' requests for reimbursement will require the following documentation: A copy of the actual contract. (NOTE: Contractors and Consultants are required to abide by, i.e., held to, the same terms and conditions as Sub-grantees under the DHS/ODP grants.) Contractors and consultants will be reimbursed for completed work only. Detail of work performed must be supplied. Contractors and consultants are required to be detailed on the Supplies and Other Items Reimbursement Detail (EMD-056). • The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. FISCAL NOTE (MISC. 106037) March 9, 2006 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: SHERIFF'S OFFICE - 2005 MLB ALL-STAR GAME PUBLIC SAFETY GRANT 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 resolution and finds: 1. The Michigan State Police awarded the Sheriff's Office $11,215 for law enforcement activities related to the 2005 MLB All-Star Game. 2. The grant reimbursement period is July 8, 2005 through July 12, 2005. Expenditures eligible for reimbursement under this grant program occurred during Fiscal Year 2005. 3. The grant covers reimbursement of salaries, fringe benefits, aviation patrol and administrative costs. 4. No county match or additional positions are required. 5. A budget amendment to the FY 2006 budget is recommended as follows: FY 2006 GENERAL FUND #10100 Revenue 4030601-110000-615571 Grants-State $11,215 Total General Fund Revenue $11,215 Expenditures 9090101 -196030 -730359 Ccntingency $11,215 Total General Fund Expenses $.11,21,5 FINANCE COMMITTEE Finance Committee Motion carried unanimously on a roll call vote with Palmer, Crawford, Long and Zack absent. Resolution #06037 March 9, 2006 Moved by Zack supported by Rogers the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, 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, Wilson, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, (with accompanying reports being accepted) were adopted. rm. I MY APPROVE ME FOREGOICISOUNI 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 March 9, 2006, 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 9th day of March, 2006. Rdth Johribbn, County Clerk