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HomeMy WebLinkAboutResolutions - 2010.01.20 - 10101MISCELLANEOUS RESOLUTION #10005 January 20, 2010 By: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - ACCEPTANCE FOR 2008 MICHIGAN CITIZEN CORPS PROGRAM GRANT - MONROE COUNTY TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U.S. Department of Homeland Security for the 2008 State of Michigan Citizen Corps Grant Program for funding for programs to increase domestic preparedness among members of the community; and WHEREAS the County of Monroe has requested the Oakland County serve as fiduciary for that county's State Homeland Security Grant Award; and WHEREAS the State of Michigan has awarded Oakland County as fiduciary for Monroe County reimbursement for qualified expenses up to, but not exceeding $3,327 during the period of October 1, 2009 through September 30, 2010. 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 and Homeland Security 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 accepts the position of Fiduciary and Subgrantee for Monroe County for the 2008 Citizen Corps Grant and accepts the grant funds in an amount up to $3,327 with no county match or in-kind contribution required. 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. GENERAL GOVERNMENT COMMITT GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Hatchett absent. GRANT REVIEW SIGN OFF — Homeland Security GRANT NAME: 2008 Citizen Corps Grant Program Monroe County Fiduciary FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Brandon Lewis 248-8584598 STATUS: Grant Acceptance DATE: December 2, 2009 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned punt 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 (11/20/2009) Department of Human Resources: Approved. - Cathy Shallal (11/19/2009) Risk Management and Safety: Approved. - Andrea Plotkowski (11124/2009) Corporation Counsel: After reviewing the above-referenced grant agreement, I found no legal issues that must be resolved before the agreement is executed. Please let me know if you have any questions. — Jody S. Hall (11/24/2009) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of the specifically cited compliance related documents for this grant. In addition, the attached documents (Standard Assurances and Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement) are incorporated by reference into the agreement. Michigan Emergency Management Act, Act 390, P.A. of 1976, as amended http://www.michigan.govidocuments/mspemd -Act 390 of 1976 7125 7.pdf FEMA - Uniform Administrative Requirements for Grants and Cooperative agreements with State and Local Governments (44 CFR Part 13) http://www.access.po.gov/nara/cfr/waisidx 06/44cfr13 06.html Cost Principles for State, Local and Indian Tribal Governments (OMB CIRCULAR A-87) (2 CFR Part 225) http://www.access4pogov/naralcfr/waisidx_08/2cfr225 08.html Gaia Plir From: Plotkowski, Andrea [plotkowskia@oakgov.corn] Sent: Tuesday, November 24, 2009 4:37 PM To: 'Piir, Gala' Cc: Terri Easterling; Sandy Johnson Subject: RE: Grant Review: Homeland Security Division - 2008 Citizen Corps Grant Program, Monroe County Fiduciary - Grant Acceptance, RM09-037I Approved Andrea Plotkowski Original Message From: Piir, Gala [mailto:piirg@oakgov.com] Sent: Thursday, November 19, 2009 2:30 PM To: TVanPelt, Laurie'; 'Davis, Patricia'; iSecontine, Julie'; Shallal, Cathy Cc: 'Lewis, Brandon'; 'Linda Pearson' Subject: Grant Review: Homeland Security Division - 2008 Citizen Corps Grant Program, Monroe County Fiduciary - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Cathy Shallal — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Department of Health and Human Services — Homeland Security Division 2008 Citizen Corps Grant Program, Monroe County Fiduciary Michigan Department of State Police Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email_ Time Frame for Returned Comments: November 30, 2009 GRANT LNFORMATION Date: November 19, 2009 Operating Department: Homeland Security Division Department Contact: Brandon Lewis Contact Phone: 858-1598 Document Identification Number: REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2009 — September 30, 2010 New Facility / Additional Office Space Needs: N/A IT Resources (New Computer Hardware / Software Needs or Purchases): N/A MMTBE Requirements: [Yes] [Compliance with OMB Circular A-102] Funding Continuation/New: New Application Total Project Amount: $3,327 Prior Year Total Funding: N/A New Grant Funded Positions Request: N/A Changes to Current Positions: N/A State of Michigan 2008 Homeland Security Grant Program Grant Agreement for Citizen's Corps Program October 1, 2009 to September 30, 2010 CFDA Number: 97.067 Grant Number: 2008-GE-T8-0052 This Homeland Security Grant Program Citizen's Corp Program (HSGP-CCP) Grant Agreement is hereby entered into between the Michigan Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the Subgrantor), and COUNTY OF OAKLAND (hereinafter called the Subgrantee) I. Purpose The purpose of this Grant Agreement is to provide federal pass-through funds to the County of Monroe through the Subgrantee. The funding under this grant agreement will be allocated to the Subgrantee from the CCP allocation to the State of Michigan. CCP funds are intended 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. II. Objectives The principal objective of this Grant Agreement is to provide financial assistance to the Subgrantee for allowable costs in the CCP and the following specific program: 1. Community Emergency Response Teams (CERT) 2. Medical Reserve Corps (MRC) 3. Neighborhood Watch 4. Volunteer in Police Service (VIPS) 5. Fire Corps Allowable Investments made in support of the programs listed above must fall into one of the following six categories: 1. Planning 2. Organization 3. Equipment 4. Training 5. Exercises 6. Personnel For guidance on allowable costs for the CCP program areas, please refer to the 2008 Homeland Security Grant Program (HSGP) Guidance, located at http://www.fema.gov/government/grant/hsgp/index08.shtm. To assist Subgrantees, the Subgrantor, in conjunction with the Michigan Homeland Security Preparedness Committee, has created a list of priority projects that Subgrantees shall use their 2008 HSGP-CCP funds to support. These projects were derived from the 10 Investment Justifications developed by Michigan that are to be implemented at the regional/local level. Additional information is provided in the Michigan FY 2008 HSGP Supplemental Grant Guidance. Subgrantees must take a regional approach when determining the best use of FY 2008 HSGP-CCP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FY 2008 HSGP-CCP application. 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 2 of 9 Ill. Statutory Authority Funding for the Fiscal Year (FY) 2008 HSGP is authorized by the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329). The Subgrantee agrees to comply with all HSGP-CPP program requirements in accordance with the Michigan Emergency Management Act, Act 390, and P.A. of 1976, as amended, located at http://vvww.michigan.gov/documents/mspemd-Act_390_of_1976_7125 7.pdf, The Subgrantee also agrees to comply with the following regulations: A. Administrative Requirements 1. 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, located at http://eCFR.gpoaccess.gov/cgi/t/text/text- iclx?c=ecfr&tpl=fecfrbrowsefTitle44/44cfr13_main_02.tpl 2. 2 CFR, Part 215 ; Institutions of Higher Learning, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110), located at http://ecfr.gpoaccess.govicgi/t/text/text- idx?c=ecfr&sid=5f90b818356757091bb65ea93f163c6a&tp1=/ecfrbrowse/Title02/2cfr215_main 02.tpl B. Cost principals 1. 2 CFR, Part 225, Cost Principals for State, Local, and Indian Tribal Governments (OMB Circular A-87) located at http://ecfr.gpoaccess ,gov/cgi/t/text/text- idx?c=ecfr&tpl=iecfrbrowse/Title02/2cfr225_main_02.tpl 2. 2 CFR, Part 220, Cost Principals for Educational Institutions (OMB Circular A-21) located at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div58tview=text&node=211.1.2.3.4&idno=2 3. 2 CFR, Part 230, Cost Principals for Non-Profit Organizations (OMB Circular A-122) located at http://ecfr.gpoaccess.govicgi/t/text/text-idx?c=ecfr&tpl=fecfrbrowse/Title02/2cfr230_main 02.tpl C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at http://vvww.whitehouse.goviomb/circulars/a133/a133.html IV. Homeland Security Grant Program Award Amount and Restrictions The COUNTY OF OAKLAND, as the Fiduciary Agent for County of Monroe, is awarded $3,327.00 in CCP funding under the FY 2008 HSGP-CCP. 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 FY 2008 Grant Agreement period. Allocations for the FY08 HSGP-CCP have been determined on a regional basis through a funding methodology consistent with current Department of Homeland Security (DHS) guidance. Regional Boards have been created to ensure that all jurisdictions within a designated region have an equal say in how funds are spent. Final determination on how funds awarded by this grant agreement will be spent will be determined through a review process by the State Administrative Agency (SAA) of projects submitted by the Region 2 Homeland Security Planning Board, not by the Sub grantee (Fiduciary agent). V. Responsibilities of the Subgrantee FY 2008 HSGP-CCP funds must supplement, not supplant, state or local funds. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Potential supplanting will be carefully reviewed in the application review, in subsequent monitoring, and in the audit. The Subgrantee may be required to supply documentation certifying that it 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. 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 3 of 9 Fiduciary Agent Designation The Subgrantee agrees to act as the designated Fiduciary Agent for the County of Monroe. As the designated Fiduciary Agent for Monroe County, the Subgrantee agrees to follow all responsibilities in Section V of this grant agreement. If the Subgrantee becomes unable to fulfill the responsibilities of Section V, refer to Section XI for instructions on how to terminate this agreement. The Subgrantee agrees to comply with all applicable federal and state regulations, including the following: A. In addition to this 2008 HSGP-CCP Grant Agreement, Subgrantees shall complete, sign, and submit to Subgrantor the following documents, which are incorporated by reference into this Grant Agreement: 1, Standard Assurances 2. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement 3. State of Michigan Audit Certification Form (EMD-053) 4, W-9 Request for Taxpayer Identification Number and Certification 5. Other documents that may be required by federal or state officials B. The FY08 Homeland Security Grant covers eligible costs from October 1, 2009 until September 30, 2010. Reese refer to the Fiscal Year 2008 Homeland Security Grant Program Guidance, located at http://www.fema.govigovernment/grantihsgp/index08.shtm, for a detailed list of what costs are eligible under this grant. Allowable costs are specifically addressed in Appendix B of the Guidance. C. Submit project applications to the Subgrantor, which have been prepared and approved by the Homeland Security Regional Board, for evaluation and approval of projects prior to starting a project. All projects must meet DHS & Emergency Management and Homeland Security Division (EMHSD) grant guidelines and must be related to one of the 10 approved state investments, 8 required projects, and supported by an assessment of at least one of the 37 targeted capabilities. Projects should be coordinated with Regional Homeland Security Board activities. Any project that proposes a change in scope of work during the grant performance period must be resubmitted to the Subgrantor for approval. D. Make all purchases in accordance with grant guidance and local purchasing policies. E. Submit an Allowable Cost Justification (ACJ) form for all costs that are part of approved projects prior to the encumbering of the cost. If an ACJ is not submitted, the Subgrantee will be held responsible for all costs determined to be ineligible by the Subgrantor or OHS. F. Create and maintain an inventory of all FY08 HSGP-CCP equipment purchases that lists, at minimum, the piece of equipment, the cost of the equipment, what agency the equipment is assigned to and the physical location of the equipment for the grant period and at least three years after the grant is closed. Any equipment purchased with HSGP-CCP funds must be prominently marked as purchased with funds provided by the U.S. Department of Homeland Security. G. Make FY08 HSGP-CCP equipment available for pick-up by other government agencies per equipment assignments by the Region 2 Homeland Security Planning Board. This process needs to Include legal transfer of the equipment to the designated government agencies. At minimum, the Subgrantee should prepare documents, which when signed, will indicate other designated government agencies accept full legal and financial responsibility for pieces of equipment. H. At the end of the Fiscal Year, the Subgrantee must supply a document to the other local government agencies reporting the dollar amount spent on their behalf; so the local government agencies can submit the information on their Schedule of Expenditures of Federal Awards (SEFA) report. NOTE: Copies of these documents must also be provided to the Michigan State Police, Emergency Management and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910-5883 I. Submit the Reimbursement Cover Sheet (EMD-054) and all required attached documentation to the Subgrantor at a minimum at the end of each quarter (or more frequently, as needed). The Subgrantee must submit the quarterly reimbursement request even if it has no expenditures for that quarter. The due 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 4 of 9 dates for quarterly reimbursement requests are listed in Section VII of this agreement. Reimbursement Cover Sheets must be filled out completely or they will be returned to the Subgrantee for proper completion, The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on 'the EMHSD website at http://www.m ichigan,govimsp/0,1607,7-123-1593_3507-113992--,00.htm I. Please note: One Reimbursement Cover Sheet and related forms must be completed for each exercise. J. Submit quarterly progress reports to the Subgrantor on the status of all approved projects. Quarterly progress reports, at minimum, need to contain a description of the project, the actions taken that quarter to complete the project, a percentage estimate of the completeness of the project and an expected completion date of the project. The due dates for quarterly work reports are listed in Section VII of this agreement. The Subgrantor will provide the Subgrantee with a form to complete this report within 60 days of issuing the grant agreement. K. Submit updated project and allocation information on a regular basis through the Biannual Strategy Implementation Reports (BSIR). The BSIR is due within 20 days after the end of the reporting period. The due dates for the BSIR are on January 20, 2009, July 20, 2009, and January 20, 2010. The reporting periods are from January 1 through June 30 and July 1 through December 31. The final BSIR is due 90 days after the end date of the FY08 Homeland Security Grant award period. L. Comply with FY08 NIMS implementation requirements and move towards completion by September 30, 2011. FY08 NIMS requirements must be fully complied with by September 30, 2011, NIMS information is available at http://www.fema.gov/emergency/nims. M. Comply with applicable financial and administrative requirements set forth in the current edition of 44 CFR, Part 13 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 FY08 HSGP-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. 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 44 CFR, Part 13. Random audits shall be performed to ensure compliance with applicable provisions. 4. Subgrantor and Subgrantee FY08 HSGP-CCP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq. However, section 13(1)(u) and (y), MCL 15.243(1)(u) and (y) of the FOIA, permit the exemption from public disclosure of the records of a public body's "security measures, including security plans, security codes and combinations, passwords, passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body;" and "of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act,.. emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance" Much of the information submitted in the course of applying for funding under this program, or provided in the course of grant management activities, may be considered law enforcement sensitive or otherwise critical 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, each Subgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 5 of 9 Note: The Subgrantee will only be held responsible for expenditures disallowed by federal or state audit that are determlned to be caused by the negligence of the Subgrantee or by the Subgrantee not complying with the responsibilities of Section V. N. Integrate individuals with disabilities into emergency planning, Executive Order 13347. 0. Environmental and Historic Preservation Program (EHP): Federal environmental and historic preservation laws and Executive Orders provide the basis and direction for the implementation of federal environmental and historic preservation review requirements for FEMA-funded projects. These laws and executive orders are aimed at protecting our nation's water, air, coastal, wildlife, land, agricultural, historical and cultural resources, as well as minimizing potential adverse effects to children, low-income and minority populations. Failure to comply with these laws could result in project delays and denial of funding. FEMA through the Environmental and Historic Preservation Program engages in a review process to ensure that FEMA funded activities comply with these laws. VI. Responsibilities of Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this Grant Agreement, will: A. Administer the FY08 HSGP-CCP in accordance with all applicable federal and state regulations and guidelines and provide quarterly reports documenting this administration. B. Provide direction and technical assistance to the Subgrantee. C. Provide to the Subgrantee any special report forms and reporting formats (templates) required for operation of the program. D. Reimburse the Subgrantee in accordance with this Grant Agreement based on appropriate documentation submitted by the Subgrantee. E. Independently, or in conjunction with OHS, conduct random on-site reviews with Subgrantee(s), F. Subgrantor and Subgrantee FY08 HSGP-CCP information constitutes records subject to the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq. However, section 13(1)(u) and (y), MCL 15.243(1)(u) and (y) of the FOIA permits the exemption from public disclosure of the records of a public body's "security measures, including security plans, security codes and combinations, passwords, passes, keys, and security procedures, to the extent that the records relate to the ongoing security of the public body;" and "of measures designed to protect the security or safety of persons or property, whether public or private, including, but not limited to, building, public works, and public water supply designs to the extent that those designs relate to the ongoing security measures of a public body, capabilities and plans for responding to a violation of the Michigan anti-terrorism act,... emergency response plans, risk planning documents, threat assessments, and domestic preparedness strategies, unless disclosure would not impair a public body's ability to protect the security or safety of persons or property or unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance." Much of the information submitted in the course of applying for funding under this program, or provided in the course of grant management activities, may be considered law enforcement sensitive or otherwise critical 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, each Subgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by-case basis. 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 6 of 9 VII. Payment and Reporting Procedures The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached documentation ; including all required authorized signatures, and submit it at a minimum at the end of each quarter (or more frequently, as needed) if there are eligible expenses to be reimbursed. See below quarterly report schedule for due dates. Please note: One Reimbursement Cover Sheet and related forms must be completed for each grant project, solution area, allocation type, and individual exercise. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. THE QUARTERS ARE AS FOLLOWS: 1 st Quarter: October 1, 2009 to December 31, 2009 2nd Quarter: January 1, 2010 to March 31, 2010 3rd Quarter: April 1, 2010 to June 30, 2010 4th Quarter: July 1, 2010 to September 30, 2010 DEADLINES TO SUBMIT QUARTERLY REQUESTS FOR REIMBURSEMENT AND WORK REPORTS ARE AS FOLLOWS: 1 st Quarter: January 31, 2010 2nd Quarter: April 30, 2010 3rd Quarter: July 31, 2010 4th Quarter: October 31, 2010 Reporting Requirements The reporting requirements are designed to provide the EMHSD with sufficient information to monitor project implementation and ensure proper use of federal funds. Accounting systems must allocate costs to the project activities. Expenditures must be summarized, correspond with the project budget detail, scope of the project, or work plan attached to the award, and be supported with source documentation, as appropriate. Subgrantees are required to submit Quarterly Progress Reports by Project and supporting documentation for expenditures in accordance with their project budget detail and project scope of work. Progress reports compare actual expenditures to the project budget detail for the reporting period. Any significant cost deviations from the approved budget detail and subsequent impact on the project, etc. shall be reported in the Narrative Progress Report. The Quarterly Progress Report must support the expenditures and financial activity in financial progress reports and reimbursement requests. The information on this form will be used by the Subgrantor to monitor grantee cash flow and encumbrances, grantee performance, project implementation, and compliance with 2 CFR, Part 215 (OMB Circular A-110); 2 CFR, Part 220 (OMB Circular A-21); 2 CFR, Part 225 (OMB Circular A-87); and 2 CFR, Part 230 (OMB Circular 122). This information will also be used to monitor compliance with OMB Circulars A-102 and A- 133, and with the U.S. Dept. of Homeland Security/Office of Grant Operations Financial Guide, to ensure proper use of federal funds. Quarterly Progress Reports are required whether or not expenditures are incurred. Subgrantees failure to fulfill the quarterly reporting requirements, as required by the grant, may result in the suspension of grant activities until reports are received. 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 7 of 9 Reimbursement requests and Quarterly Progress Reports should be mailed to the Michigan State Police, Emergency Management and Homeland Security Division, 4000 Collins Road, Lansing MI 48910, unless the Subgrantee is otherwise notified by the Subgrantor. Please refer to the Reimbursement Requirements in order to meet the documentation requirements. SUBGRANTEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS AND REIMBURSEMENT DOCUMENTS ARE RECEIVED. VIII. Employment Matters Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended, the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the 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. Subgrantee agrees to include in every subcontract entered into for the performance of this Grant Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of the Grant Agreement. The Subgrantee shall ensure that no subcontractor, manufacturer, or supplier of Subgrantee on this Project appears in the register compiled by the Michigan Department of Labor and Economic Growth, Bureau of Commercial Services, Licensing and Enforcement Divisions, 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 vvwwepls.gov . IX. Limitation of Liability Subgrantor and Subgrantee to this Grant Agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity. 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. XI. Grant Agreement Period This Grant Agreement is in full force and effect from September 1, 2008 through May 31, 2011. 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 Su bgrantee agrees to return to the Subgrantor any funds not authorized for use, and Subgrantee shall have no further obligation to make payments. 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 8 of 9 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 Subgrantor and Subgrantee, whether expressed, implied, or oral. This Grant Agreement constitutes the entire agreement between the parties and may not be amended except by written instrument executed by both parties prior to the termination date set forth in Section XI above. No party to this Grant Agreement may assign this Grant Agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party. Subgrantee agrees to inform Subgrantor in writing immediately of any proposed changes of dates. budget, or services indicated in this Grant Agreement, as well as changes of address or personnel affecting this Grant Agreement. Changes in dates, budget, or services are subject to prior written approval of Subgrantor. If any provision of this Grant Agreement shall be deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid. The State may suspend or terminate subgrant funding, in whole or in part, or other measures may be imposed for any of the following reasons: • Failure to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. • Failure to comply with the requirements or statutory objectives of federal or state law. • Failure to make satisfactory progress toward the goals or objectives set forth in the subgrant application. • Failure to follow grant agreement requirements or special conditions. • Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the project would not have been approved for funding. • Failure to submit required reports. • Filing of a false certification in the application or other report or document. • Failure to adequately manage, monitor or direct the grant funding activities of their subrecipients. Before taking action, the Subgrantor will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIV. Business Integrity Clause The Subgrantor may immediately cancel the grant without further liability to the Subgrantor or its employees if the Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is convicted of a criminal offense incident to the application for or performance of a State, public, or private grant or subcontract; or convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under State or Federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on the Subgrantee's business integrity. XIV. Freedom of Information Act (FOIA) DHS recognizes 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. While this information, under Federal control, is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5. U.S.C. §552, all determinations concerning the release of information of this nature are made on a case-by-case basis by the DHS FOIA Office, and may likely fall within one or more of the available exemptions under the Act. The applicant is encouraged to consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. The applicant may also consult G8(T regarding concerns or questions about the release of information under State and local laws. The grantee should be familiar with the regulations governing Protected Critical Infrastructure Information (6 CFR Part 29) and Sensitive Security Information (49 CFR Part 1520), as these designations may provide additional protection to certain classes of homeland security information. Printed Name Capt. W. Thomas Sands Deputy State Director of Emergency Management and Homeland Security Title y"ah Date Printed Name ea- atz. AP•4-, 3 ae4re•rweZ Title 2008 Citizen Corps Grant Agreement County of Oakland (fiduciary for the County of Monroe) Page 9 of 9 XV. Official Certification For the Subgrantee. 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. County of Oakland Name of Jurisdiction 6AL-4 .1, Printed Name , r - 1/1A gut.c.64 Signature r- ty/ (vr-sleP 715i iti1tY S 4 Title /0-c"S. Date For the Subgrantor (Michigan State Police - Emergency Management and Homeland Security Division) For the County of Monroe: The county official's signature appears on this grant agreement as a certification that County of Monroe has designated the County of Oakland to serve as the fiduciary agent for the 2008 HSGP-CPP. Signature T Date FISCAL NOTE (MISC. 110005) January 20, 2010 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - ACCEPTANCE FOR 2008 MICHIGAN CITIZEN CORPS PROGRAM GRANT - MONROE COUNTY 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 as fiduciary for Monroe County reimbursement for qualified expenses up to, but not exceeding $3,327 for the period of October 1, 2009 through September 30, 2010. Funding is for programs to increase domestic preparedness among members of the community. 2. The funds will 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. 3. The Michigan Department of State Police Emergency Management Division will serve as the administering agency for this grant. 4. The FY2010 Budget is amended to recognize Oakland County as the Fiduciary and Subgrantee for Monroe County and accepts the grants funds for the period of October 1, 2009 through September 30, 2010 as follows: Fund 29330 GR0000000478 Revenue 1060601-115096-610210 Federal Grants Operating Expense 1060601-115096-750154 Expendable Equip. $3,327 $3,327 70- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. I HEREBY APPROVE NC RE,SOLU11ON G4:1 Resolution #10005 January 20, 2010 Moved by Coleman supported by Potter the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25) 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 January 20, 2010, 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 January, 2010. eat Ruth Johnson, County Clerk