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HomeMy WebLinkAboutResolutions - 2008.12.11 - 9428December 11, 2008 MISCELLANEOUS RESOLUTION #08272 By: Public Services Committee, Jeff Potter, Chairperson IN RE: COUNTY EXECUTIVE — EMERGENCY RESPONSE AND PREPAREDNESS — ACCEPTANCE FOR 2007 MICHIGAN CITIZEN CORPS PROGRAM GRANT TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U.S. Department of Homeland Security for the 2007 State of Michigan Citizen Corps Grant Program 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 $30,785.14 for the period of October 1, 2008 to December 1, 2009; and WHEREAS the funds are to be used for training, planning, educational outreach, exercise and equipment for the Citizen Corps Program Partners of Community Emergency Response Teams, Medical Reserve Corps, Neighborhood Watch, Volunteer in Police Service, and Fire 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 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 $30,785.14. 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 with Gregory absent Original Message-- From: Piir, Gala [mailto:plirg@oakgov.corn) Sent: Monday, November 17, 2008 11:39 AM To: 'Novak, Gail'; 'Linda Pearson' Subject: Grant Sign Off: Emergency Response and Preparedness - 2007 Michigan Citizen Corps Program - Grant Acceptance The complete sign off packa2e 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 (1 I/12/2008) 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 I This Michigan atizen Corps Program (COP) Grant Aoreement 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 pmvide 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.fema.govipdf/government/grantihsgpify08_hsgp_guide.pdf III. Statutory Authority Funding for the 2007 CCP is authorized by the Department of Homeland Security Appropriations Act of 2007. 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.whitenouse.goviombicirculars/index.html . 28 CFR Part 66 and 28 CFR Part 70, located at http://www.access.gpo.govinaraicfriwaisidx 04/28cfrv2_04.html, the U.S. General Accounting Office Government Auditing Standards, located at httpliwww.gao.govigovaudiybk01.htm, 44CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State arid Local Governments, 2 CFR Part 215, Institutions of Higher Education, Hospitals, anc other Non-Profit Organizations, 2 CFR Part 225, 2 CFR Part 220, 2 CFR Part 230, Federal Acquisitions Regulation Sub-part 3t2, the State of Michigan Financial Management Guide (FMG), located at http://www.michigan.govibudget/0,1607,7-157-3404_27707-90757--,00.html, and all applicable federal and state laws and regulations. IV, Michigan Citizen Corps Program Award Amount and Restrictions This allocation amount is for S30,785.14 and is to 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, Neighbornood 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 (sJpplant) funas that have been appropriated for the same purpose. Potential suppianting 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 genera: fund programs. VI. Responsibilities of the Sub-grantee The Sub-grantee agrees to comply with al. applicable federal and state regulations, including tee following: A. In addition to this 2007 CCP Grant Agreement, Suo-grantees shall complete, sign, and submit to Suo-grantor the foliowing documents, which are incoroorated by reference into this Giant Agreement. 1. Standard Assurances 2. Certifications Regarding Lobbying; Disclosure of Lobbying Activities; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (0JP Form 4061/8) 3. Audit Certification Form 4. W-9 Tax Identification Form 5. Other documents that may be required by feaeral or state officials B. 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:11www.rkb.mipt.org Submit the Reimbursement Cover Sheet (ENID-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.goy/msp/1,1607,7-123-1593_3507-- • .0C.html. Once there, in the middle of the page under "inside EMD" click on "Homeland Seturity 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: t • 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 the financial close-out date of this grant program. for purposes of federal and/or state examination and audit. 3, Pelorm 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, Lccal Governments, and Non-Profit Organizations," as further described in OJP's "Financial Guide," Chapter 19. Random audits shall se performed to ensure compliance with applicable provisions. 4. Sub-grantor and Sub-grantee 2007 CCP information is subject to requests made pursuant to the federal ane state Freedom of Infarmaton Act (FOIA), 5. USC §552 & MCLA 15.243, Section 13(.1)(u)8(3). It is recognled 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; arid aieuuesiulis demographics, transportation, public works, and industrial and Public health infrastructures. Therefore, 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 that any information created exclusively for the purpose of applying for and monitoring grants hereunder is me property of trie U.S. Government, and shall not otherwise pe disciosed or released eursuant to state or local law or 7egultion, 2007 Citizen Corps Grant Agreement Page 3 of 5 VII. Responsibilities of Sub-grantor The Sub-grantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the 2007 COP in acco-dance 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 dpolupriate documentation submitted by the Sub-grantee. E. independently or in conjunction wit 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 suDject to requests made pursuant to the federal and state Freedom of Information Act (F01A), 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_ The may include threat, risk, and needs assessment information; arid discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, the _ Department of State Police, Freedom of Information Off cer, will determine which information is to be released -Lei 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-gi aritee eorees to prepeee 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, 1975 PA 453, as amended, MCL 37.2101 et seq., the Persons with asabiMies Civil Rights Act, 1976 PA 220, as amended. MCL 37.1101 et seq., and all otne7 federal, state and local fair employment practices and equal opportunity laws and covenants that it shall not i.leciininate agest any employee or applicant for employment, to be employed in the performance of this Grant Agreement. with respect to nis or her 'fiire, 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, limeed 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 oreacl- of the Grant Aoreement. 2007 Citizen Corps Grant Agreement Page 4 of 5 Sub-grantee shall ensure that no sueeontractor, manufacturer, or supplier of Sub-grantee on this Project appears in the register compiled by the Michigan Department of Labor and Economic Growth, Commercial Enforcement Unit. . pursuant to 1980 PA 278, as amended, MCL 423.321 et seq. {State Contractors with Certain Employers Prohibited Act), or on the Federal Excluded Party List system database located at wvvw.eols.gov , X. Limitation of Liability Sub-grantor and Sub-grantee to this Grant Agreement agree -that-nee-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 arid egreed that nether party will indemnify the other party in such litigation. This is not to be construed as 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 fiee [I 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 lega effect. This Grant Agreement may be terminated by either party by giving thirty (30) days written notice to tne other party stating reasons for termination and the effective date, or upon the failure.of either party to carry out the terms of the Grant Agreement, Upon any such termination, the Sub- grantee agrees to return to the Sub-grantor any funds not authorized for use, and Sub-grantee shall have no further obligation to make payments. XIII. Entire Grant Agreement This Grant Agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents, and representations between Sub-grantor arid Sub-grantee whether expressed, implied, or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amenoed 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 assigh 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 pi epueed detee. budget, or serVces 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 oe 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 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, oribery, 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 Slate or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole ciscretion of the Sub-grantor, reflects on the Sub-grantee's business integrity. XV. Official Certification Printed Name Title 2007 Citizen 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 the jurisdiction he or she represents. Name of Jurisdiction Signature Date 6.0.:Sub-gratitbf,,,:iViichrgarcS.tatel,)P61160 -fiiiettOok[Fiteriatt-eitagfit:atliklitpn.:ifiland..,.§:e6prity:=0.19.1Sion, =RS 5T-86;16466.0.171ait,iflerhelitbricLHorn.efarld[SeCuri FISCAL NOTE (I.R. #08272) December 11, 2008 BY; FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON IN RE: COUNTY EXECUTIVE - EMERGENCY RESPONSE AND PREPAREDNESS - ACCEPTANCE FOR 2007 MICHIGAN CITIZEN CORPS PROGRAM GRANT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule X1I-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, $30,785.14 to increase domestic preparedness among members of the community. 2. The funding period is from October 1, 2008 through December 1, 2009. 3. 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. 4. The Michigan Department of State Police Emergency Management Division will serve as the administrating agency for this grant. 5. A budget amendment is recommended to the FY 2009 Budget for the acceptance of the Michigan Citizen Corps Program (CERT) as follows: • FEMA GRANTS - Fund 29330 - GR0000000414 Revenue 1010115-115096-610210 Federal Grants Operating Expense 1010115-115096-731171 Management Sys. 1010115-115096-750154 Expendable Equip. FY 2009 $30,785 $ 924 29,861 $30,785 $ -0- FINANCE COMMITTEE *(' FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Potter, Coulter, Woodward and Greimel absent. Resolution #08272 December 11, 2008 Moved by Rogers supported by Clark the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying repor ts being accepted). AYES: Burns, Clark, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchet-t, Jacobsen, Kowall, Long, Middleton, Nash, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). 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 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