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HomeMy WebLinkAboutResolutions - 2007.09.20 - 9372September 20, 2007 MISCELLANEOUS RESOLUTION # 07210 By: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE — EMERGENCY RESPONSE AND PREPAREDNESS — ACCEPTANCE FOR GRANT PROGRAM FOR MICHIGAN CITIZEN CORPS TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U.S. Department of Homeland Security for the 2006 State of Michigan Citizen Corps Program Grant for 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 $100,000.00 for the period of June 1, 2007— June 1, 2008; and WHEREAS the funds are to be used to establish Citizen Corps Councils, to support oversight and outreach functions of the councils, and 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 application has received review at Public Services on February 27, 2007; and WHEREAS the grant agreement has been reviewed and approved through the County 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 $100,000.00. 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 unanimously on a roll call vote Original Message From: Diane Creguer [mailto:creguerd©oakgov.com ] Sent: Wednesday, August 08, 2007 9:12 AM To: 'Gail Novak' Cc: 'Linda Pearson' Subject: Grant Review Sign OFF - Emergency Response and Preparedness - 2007/08 2006 Michigan Citizen Corps Program The complete Grant Review Sign Off package is attached. GRANT REVIEW SIGN OFF - Emergency Response and Preparedness GRANT NAME: 2007/08 2006 Michigan Citizen Corps Program FUNDING AGENCY: Michigan Department of State Police, Emergency Management & Homeland Security Division DEPARTMENT CONTACT PERSON: Gail Novak / 858-5080 STATUS: Grant Acceptance DATE: August 7, 2007 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. 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 Sign Off 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 REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (07/24/2007) Department of Human Resources: Approved by HR. — Jennifer Mason (07/26/2007) Risk Management and Safety: Approved By Risk Management - Andrea Plotkowslci (07/31/2007) Corporation Counsel: Subject to the following modifications: First, we need to delete the last sentence of Section Vil.D.4. which states "Mherefore, the Department of State Police, Freedom of Information Officer, will determine which information is to be released on a case by case basis." Gail, we have deleted this language in the past by drawing a line through it and have Bullard and Cpt. Washington initial the deletion. This change was made to the 2006 Homeland Security Grant Program Grant Agreement and for some reason did not make it into this grant agreement. Second, in the last paragraph of Section X ("Employment Matters"), we need to add a sentence. "If the name of one of the above appears on this list, the Sub-grantee may not use them in the performance of this Grant." This language was added to the 2006 Homeland Security Grant Program Grant Agreement and for some reason did not make it into this grant agreement Third, in the award letter to the County, it states that "Region 2 (SEMI UASI) has been awarded a total of S100,000 through the Michigan Citizen Corp Grant Program." However, the actual grant agreement makes no mention of this and actually only awards the money to the County. This is unlike the 2006 Homeland Security Grant Program Grant Agreement from MSP/EMHSD. In that grant, it states that the County is to pass through the funds and the County was awarded the money as "fiduciary". The same language needs to appear in this a grant agreement. — Jody Hall (08/06/2007) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. • Federal Office of Management and Budget (OMB) Circular No. A-87, A-102, and A- 133 http://www.whitchouse.goy/omb/circulars/index.html • US DoJ Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) http://w-vvw.access.gpo.govinara/cfr/waisidx_04/28cfrv2_04.1uml • US DoJ OR Financial Guide 2005 Http://www.ojp.usdoj.goy/FinGuide • U.S. General Accounting office Government Auditing Standards http://www.gao.gov/govaucl/ybk01.htm • Administrative Guide to State Government http://www.mich igan.gov/dmb/0,1607,7-150-9131 9347-.00.html • State of Michigan Financial Management Guide (FM C) http://www.michigan.gov/budget/0,1607,7-157-13404 27707-99757-,00.htmi • The Freedom of Information Act (5 U.S.C. § 552) http://www.usdoj.gov/oip/foia_updatesNol _XVII 4/page2.1itm • Federal Civil Rights Act of 1964 littp://www.usdo_j.goy/crt/cor/index.htm • Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legislature.mi.gov/(uq3lxgeltmrj5z55z2uiwv45)/mileg.asp_x?page=getobject Scobjectnarne—mcl-Act-453-of-19768cQueryid=14718540 • Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" http://www.legislature.mi.gov/(uOlxgettmrj5z55z2tiiwv45)/m ileg.aspx?page=getobject 8cobjectname—mcl-Act-220-of-1976&Queryid=14718589 Diane M. Creguer Grant Administration 248.975.9634 • State of Michigan 2006 Michigan Citizen Corps Program Grant Agreement June 1, 2007 to June 1, 2008 CFDA Number: 97.067 This Michigan Citizen Corps Program (CCP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management & Homeland Security Division (hereinafter called the Sub- grantor), and Oakland County (hereinafter called the Sub-grantee) Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the Sub-grantee to engage and actively involve all citizens in hometown security through personal preparedness, training, exercises and volunteer service and to provide a structured opportunity for citizens to augment local emergency response activities. Objectives The principal objective of this Grant Agreement is to provide financial assistance for allowable costs in the following program areas: Development and maintenance of Citizen Corps Programs to include: Community Emergency Response Teams (CERT) Volunteers in Police Service (VIPS) Neighborhood Watch (NW) Fire Corps Medical Reserve Corp (MRC) Personal Preparedness Programs targeting communities For guidance on allowable costs for this program, please refer to https://www.rkb.mipt.org III. Statutory Authority Funding for the 2006 CCP is authorized by the Department of Homeland Security Appropriations Act of 2006. The Sub-grantee agrees to comply with all program requirements in accordance with the HSGP, Office of Management and Budget Circulars A-87, A-102, and A-133 as revised, located at http://www.whitehouse.gov/omb/circulars/index.html, 28 CFR Part 66 and 28 CFR Part 70, located at http://www.access.gpo.gov/nara/cfr/waisidxo4/28cfrv204.html, the U.S. General Accounting Office Government Auditing Standards, located at http://www.gao.gov/govaud/ybk01.htm, the OJP Financial Guide 2006, located at http://www.ojp.usdoj.gov/FinGuide, the Administrative Guide to State Government, located at http://www.michigan.gov/dmb/0,1607,7-150-9131_9347---,00.html, the State of Michigan Financial Management Guide (FMG), located at http://www.michigan.gov/budget/0,1607,7-157-13404_27707-99757--,00.html, and all applicable federal and state laws and regulations. IV. Michigan Citizen Corps Program Award Amount and Restrictions The Michigan Citizen Corps Program award for Oakland County ERR is $100,000. CERT - $32,540 Medical Reserve Corps - $4,000 VIPS - $10,000 Fire Corps - $4,860 Neighborhood Watch -$10,000 Personal Preparedness - $20,000 Conference -$18,600 2006 Citizen Corps Grant Agreement Page 2 of 5 V. This Grant Agreement designates CCP 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, and include: Public Education materials CERT program manuals First Aid kits/medical supplies CERT backpacks Exercise costs 2007 Great Lakes Homeland Security conference attendance Management and Administrative Costs, up to three (3%) percent of the grant award, pay to Sub-grantee Please note that 2007 Citizen Corps Program grants are exoected to be aoolied for and awarded on a regional basis only. VI. 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 Sub-grantee 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 Sub-grantee The Sub-grantee agrees to comply with all applicable federal and state regulations, including the following: A. In addition to this 2006 CCP Grant Agreement, Sub-grantees shall complete, sign, and submit to Sub-grantor the following documents, which are incorporated by reference into this Grant Agreement: 1. Assurances (OJP Form 4000/3) 2. Certifications Regarding Lobbying; Disclosure of Lobbying Activities; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (OJP Form 4061/6) 3. Audit Certification Form 4. W-9 Tax Identification Form 5. Other documents that may be required by federal or state officials B. The 2006 CCP Grant covers eligible costs from June 1, 2007 through June 1, 2008. For guidance on allowable costs for this program, please refer to https://www.rkb.mipt.org C. Submit the Reimbursement Cover Sheet (EMD-054) and all required documentation to the Sub- grantor as needed. The Reimbursement Cover Sheet (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, in the middle of the page under "Inside EMD" click on "Homeland Security Reimbursement Forms." D. Comply with applicable financial and administrative requirements set forth in the current edition of "U.S. Department of Justice Financial Guide," including the following provisions: 1. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit. 2. Retain all financial records, supporting documents, statistical records, and all other records pertinent to the 2006 COP for at least three years after the financial close-out date of this grant program, for purposes of federal and/or state examination and audit. Page 2 of 5 2006 Citizen Corps Grant Agreement Page 3 of 5 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,'' as further described in OJP's "Financial Guide," Chapter 19. Random audits shall be performed to ensure compliance with applicable provisions. 4. Sub-grantor and Sub-grantee 2006 CCP 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). It is recognized that much of the 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. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. All applicants should be aware that any information created exclusively for the purpose of applying for and monitoring grants hereunder is the property of the U.S. Government, and shall not otherwise be disclosed or released pursuant to state or local law or regulation. VIII. Responsibilities of Sub-grantor The Sub-grantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the 2006 CCP 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 (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. Independently or in conjunction with the Office for Domestic Preparedness (ODP), conduct random on-site reviews with Sub-grantee(s). F. Sub-grantor and Sub-grantee 2006 CCP 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). It is recognized that much of the 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. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. All applicants should be aware that any information created exclusively for the purpose of applying for and monitoring grants hereunder is the property of the U.S. Government, and shall not otherwise be disclosed or released pursuant to state or local law or regulation. IX. 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. Please note: One Reimbursement Cover Sheet and related forms must be completed for each submittal. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. SUB-GRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED. Page 3 of 5 2006 Citizen Corps Grant Agreement Page 4 of 5 X. Employment Matters Sub-grantee 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 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, limited English proficiency, 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 Michigan Department of Consumer and Industry Services, Commercial Enforcement Unit, pursuant to 1980 PA 278, as amended, MCL 423.321 et seq. (State Contractors with Certain Employers Prohibited Act). If the name of one of the above appears on this listing, the Sub-grantee may not use them in the performance of the Grant. XI. 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 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. 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. XIII. Grant Agreement Period This Grant Agreement is in full force and effect from June 1, 2007 through June 1, 2008. No costs eligible under this Grant Agreement shall be incurred before the starting date of this Grant Agreement except with prior written approval. This Grant Agreement consists of two identical sets simultaneously executed, each is considered an original having identical legal effect. 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. XIV. 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 XII 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. Page 4 of 5 Printed Name Title 2006 Citizen Corps Grant Agreement Page 5 of 5 XV. 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, art 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 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. XVI. 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. Name of Jurisdiction Signature Date Por the Sub-grantor.— MIChlgail State Police Emergency Management and Homeland Security Division „ eahingtiirt, Jr.' • Deputy State DiNctor of Homeland Sec:wit)/ and FmArcipnnv MannricirntnA• Title ..<0 ' ". Page 5 of 5 FISCAL NOTE (MISC. #07210) September 2C, 2007 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR FY2007 GRANT PROGRAM FOR MICHIGAN CITIZEN CORPS PROGRAMS 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 State of Michigan has awarded Oakland County reimbursement for qualified expenses up to, but not exceeding $100,000 for the period of June 1, 2007 through June 1, 2008. Funding is for programs to increase domestic preparedness among members of the community. 2. 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. 3. The Michigan Department of State Police Emergency Management Division will serve as the administrating agency for this grant. 4. A budget amendment is recommended to the FY2007 Budget for the acceptance of the Michigan Citizen Corps Program (CERT) for the period of June 1, 2007 through June 1, 2008 as follows: Fund 29330 Revenue 1010115-115096-610210 Federal Grants Operating Expense 1010115-115096-731171 Management Svs. 1010115-115096-750154 Expendable Equip. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. FY 2007 $100,000 $ 3,000 97,000 $100,000 -0- .„,......., 45,44bl; u Ruth JMW•County Clerk ir f Resolution #07210 September 20, 2007 Moved by Gosselin supported by Suarez the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted. AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal notes attached) on the amended Consent Agenda were adopted. eMPV. Y APPROVE THE FOREGOING RESOLUTION STATE OF MICHIGAN) 7-12...xtb,--) 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 September 20, 2007, 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 20th day of September, 2007.