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HomeMy WebLinkAboutResolutions - 2008.12.11 - 9427PUBLIC SERVICES_COMMITTEE r Public Services Committee Vote: Motion carried unanimously on a roll call vote regory absent December 11, 2008 MISCELLANEOUS RESOLUTION #08271 By: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT PROGRAM TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the US Department of Commerce, National Telecommunications and Information Administration, and the US Department of Homeland Security to provide federal pass through funds to enhance interoperable communications; and WHEREAS the State of Michigan has awarded Oakland County a grant of $320,420 for a MA-COM portable radio cache and for an enhancement to existing JPS interoperable multi tasking radio system which requires a twenty-five percent (25%) match of $106,807 for a total program cost of $427,227 during the period of October 1, 2007 through June 30, 2010; 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 accepts the grant funding from the State of Michigan in an amount up to $320,420 and a 25% match of $106,807 for a total of $427,227. 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. -Original Message-'--- From: Piir, Gala [mailto:piirg©oakgov.com ] Sent: Monday, November 17, 2008 11:39 AM To: 'Novak, Gail; 'Linda Pearson' Subject: Grant Sign Off: Emergency Response and Prepareoness - 2007 Michigan Citizen Corps 'Program - Grant Acceptance The complete sign off package is attached. GRANT REVIEW SIGN OFF — Emergency Response and Preparedness GRANT NAME: 2007 Michigan Citizen Corps Program FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Gail Novak 248-858-5080 STATUS: Grant Acceptance DATE: November 17, 2008 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 place 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 (11/3/2008) Department of Human Resources: Approved. — Cathy Shallal (11/3/2008) Risk Management and Safety: Approved. - Andrea Plotkowski (1112/2008) Corporation Counsel: I have reviewed the attached 2007 Michigan Citizen Corps Program Grant Agreement. I find no particular legal issues or concerns for consideration by the Board of Commissioners. I would note that there are many federal and state requirements, particularly in the finance areas, contained in this Grant Agreement, State of Michigan 2007 Michigan Citizen Corps Program Grant Agreement October 1, 2008 to December 1, 2009 CFDA Number: 97.067 1 This Michigan Citizen Corps Program (CCP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management Si Homeland Security Division (hereinafter called the Sub- grantor), and Oakland County (Hereinafter called tne Sub-grantee) Purpose The purpose of this Grant Agreement is to provide federal pass-through fends 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. Cl. Objectives The principal objective of this Grant Agreement is to provide financial assistance for allowable costs in the following program areas: Community Emergency Response Teams, Medical Reserve Corps programs, Neighborhood Watch Units. Volunteer in Police Service programs. and Fire Corps Units. For guidance on allowable costs for this program, please refer to the 2007 Federal Grant Guidance at http://www.fenia.govipdfigovernmentigrant/hsgpify08_hsgp_guide.pdf Ill. Statutory Authority Funding for the 2007 COP is authorized by the Department of Homeland Security Appropriations Act of 2007. The Sup-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/ornb/circularstindex.html, 28 CFR Part 06 and 28 CFR Part 70, located at httplthimv.access.gpo.govinara/cfr/waisidx_04/28oev2_04.html. the U.S. General Accounting Office Government Auditing Standards, located at httpliwww.gaogovigovaud/ybk01.htm, 44CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 2 CFR Part 215, Institutions of Higher Education, Hospitals, and other Non-Profit Organizations, 2 CFR Part 225, 2 CFR Part 220, 2 CFR Part 230, Federal Acquisitions Regulation Sub-part 31.2, the State of Michigan Financial Management Guide (FMG), located at http://viww.michigan.govibuoget/C,1607,7-157-13404_27707-99757-e00.html, and all applicable federal and state laws and regulations. IV, Michigan Citizen Corps Program Award Amount and Restrictions This allocation amount is for $30.785.14 and is tc be used for training, planning, educational outreach, exercise and equipment for the Citizen Corps Program Partners of Community Emergency Response Teams, Medical Reserve Corps programs, Neighborh000 Watch Units, Volunteer in Police Service programs, and Fire Corps Units. 2007 Citizen CorPs Grant Agreement Page 2 of 5 .V. Supplanting: 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 suosequent monitoring, and h tne audit, The Sub-grantee may be reouireo to supply documentatioe 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. VI. Responsibilities of the Sub-grantee The Sub-grantee agrees to comply with all applicable federa( and state regulations, inducing the following: A. In addition to this 2007 CCP Grant Agreement, Sub-grantees shall complete, sign, and submit to Sub-grantor the foilowing documents, which are incorporeted by reference into this Grant Agreement: 1. Standard Assurances 2. Certifications Regarding Lobbying; Disclosure of Lobbying Activities; Debarment, Suspension and Other Responsibility Matters; anc Drug-Free Workplace Requirement (OP Form 406115) 3. Audit Certification Form 4. W-9 Tax identification Form 5. Other documents that may be required by federal or state officials The 2007 CCP Grant covers eligible costs from October 1, 2008 through December 1, 2009. For guidance on allowable costs for this program, please refer to https:ilwww.rkb.mipt.org C. Submit the Reimbursement Cover Sheet (EIVID-054) and all required documentation to the Sub- grantor as needed. The Reimbursement Cover Sheet (Elv10-054) and other reimbursement forms can be found on the EMD website at http://wwwmichigan.gov/msp(i,1607.7-123-1593_3507--- ,00.html . Once there, in the middle of the page under "inside EMD" click oil "Homeland Security Reimbursement Forme." Comply with applicable financial and administrative requirements seeforth 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 2007 CCP for at least three years after tne financial close-out date of this grant program, for purposes of federal and/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," 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 2007 CCP information is subject to requests made pursuant to the fecieral 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 underithie prograrr, 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 oemographiee, transportation, public works, and industrial and public health infrastructures. Therefore, the Department of State Police, Freedom of Information Officer, wil; determine which information is to be released on a case by case basis. All applicants should be aware that any information created exclusively for the purpose of appiying for and moeitoring grants hereunder is the properly of the U.S. Government, and shall no etherwe be alsclosed or reiesed pw -suarit to state or local law or reguiation: 2007 Citizen Corps Grant Agreement Page 3 of 5 VII. Responsibilities of Sub-grantor The Sub-grantor, in accordance with the general purposes and ob jectives of this Grant Agreement, will: . A, Administer the 2007 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 2007 CCP information is subject to requests made pursuant to the federal and state Freedom of information Act (FOIA), 5. liSC §552 & MCLA 15.243,.Section 13(1)(u)&(y). It is recognized tnat much of the information submitted in the course of applying for funding under this program. or provided in the course of ifs 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 Therefore, the Department of State Police. Freedom of information Officer, will oetermine which information is to be released on a case by case basis. 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. 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. IX. 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 win Disabilities Civil Rights Act, 1976 PA 223, 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 d iscriminate 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 empioyment 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 trte duties of a particular jar) 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 bream of this covenant is a materiai oreaah of the Grant Agreement. 2007 Citizen Corps Grant Agreement Page 4 of 5 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 Labor and Economic 3rowth, Commercial Enforcement Unit, pursuant to 1980 PA 278, as amended, MCL 423.321 et seq. (State Contractors with Certain Empioyers Prohibited Act), or on the Federal Excluded Party List system catabase located at wwwepls.gov . X. 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 a$ a waiver of governmental immunity. 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. XII. Grant Agreement Period This Grant Agreement is in full force and effect from October 1, 2008 through December 1, 2009. 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 authorizeo 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, 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, bunoet, 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. 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 tne Sub-grantee is convicted of a criminal offense incident to the applioation for or performance of a State, public, or private grant or subcontract; or convicted of a criminal offense includine 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. XV. Official Certification Printed Name Title 2007 Citzen Corps Grant Agreement Page 5 of 5 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 Me jurisdiction he or she represents. Name of Jurisdiction Signature Date IFOrAne'SIA .47grantor:,---0111difigarIStatOPolip,Orningenb Ita162161a62461 41144111442"rinted.1.1anle:.;. entand HOmelandiSebuttt FISCAL NOTE (M .- N. % #08271) December 11, 2006 BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT PROGRAM 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 U.S. Department of Commerce, National Telecommunications and Information Administration and the U.S. Department of Homeland Security released funding to enhance interoperable communications. 2. The State of Michigan has awarded Oakland County $320,420 for a MA-COM portable radio cache and for the enhancement of an existing JPS interoperable multi tasking radio system. 3. Acceptance of this grant requires a twenty-five percent (25%) County match of $106,807, for a total program cost of $427,227. 4. The grant match of twenty-five percent (25%) will be funded by the Radio Communications Fund. 5. The grant period is October 1, 2007 through June 30, 2010. 6. A budget amendment is recommended to the FY 2009 Budget to . recognize the grant award as follows: FY 2009 Grant Total Fund 29325 PSIC Grant Fund - 0R0000000415 Revenue 1010115-115080-610313 Federal Grant Rev. $320,420 1010115 -115000 -695500 -53600 Transfer In from Radio 106,807 $427,227 Expenditures 1010115-115080-750154 Expendable Equip. $320,420 1010115-115080-750170 Other Expend, Equip. 106,807 $427,227 Fund 53600 Radio Communications Fund Revenue 1080310-115150-665882 Planned 1:as. of Fund Balance $106,807 $106,807 Expenditures 7 108031D-115150-788001-29325 Transfer Out to Grant $106,807 $106,807 $ -0- FIN CE OMMKTEE • • FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Pottr, Coulter, Woodward and Greimel absent. z Resolution #08271 December 11, 2008 Moved by Rogers supported by Clark the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Clark, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, tne resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying repur Is buiriy STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 December 11, 2008, 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 11th day of December. 2008. eat Ruth Johnson, County Clerk