HomeMy WebLinkAboutResolutions - 2010.06.09 - 10154MISCELLANEOUS RESOLUTION # 10132 June 9, 2010
By: General Government Committee. Christine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - ACCEPTANCE FOR
2009 FEMA STATE HOMELAND SECURITY GRANT PROGRAM-OAKLAND COUNTY
TO- OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS funding was released under the U. S. Department of Homeland Security, through the
Federal Emergency Management Agency (FEMA), for the 2009 State Homeland Security Grant Program;
and
WHEREAS the State of Michigan has awarded Oakland County reimbursement for qualified
expenses up to, but not exceeding $148,218 for the State Homeland Security Program; and $1,474 714
for the Urban Area Security Initiative for a total of $1 622.932 during the period of August 1, 2009 through
April 30, 2012; and
WHEREAS this funding will be leveraged to support the four mission areas of homeland security
(prevent, protect, respond. and recover) and address the 8 national priorities and 37 target capabilities as
they relate to terrorism, and to strengthen preparedness planning; and
WHEREAS the Oakland County Grant Allocation Committee will determine projects in the
solution areas of Planning, Training, Equipment and Exercise to undertake with this funding that will
improve Oakland County's overall ability to prevent, respond to, and recover from Incidents of National
Significance, including threats and incidents of terrorism: and
WHEREAS the grant agreement has been reviewed and approved through the County Executive
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 $1,622,932 with no county match
or in-kind match required.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its
Chairperson or his designee to execute and enter into this agreement on behalf of the County of Oakland.
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 General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with CapeIlo and Schwartz absent.
Page 1 of 4
Brandon Lewis
From: Fiji, Gala [piirg@oakgov.comi
Sent: Friday, April 16, 2010 4:29 PM
To: 'Lewis, Brandon': 'Linda P'
Cc: 'Quisenberry, Theodore H.'; 'Novak, Gail'; 'Smith, Tricia'
Subject: Grant Sign Off: Homeland Security Division - 2009 Homeland Security Grant Program - Oakland
County - Grant Acceptance
GRANT REVIEW SIGN OFF — Homeland Security Division
GRANT NAME: 2009 Homeland Security Grant Program — Oakland County
FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security
Division
DEPARTMENT CONTACT PERSON: Brandon Lewis 8 -1598
STATUS: Grant Acceptance
DATE: April 16, 2010
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.
PROJECT SYNOPSIS
The Oakland County Grant Allocation Committee will develop projects that address Homeland Security issues
within Oakland County and its local communities. The 2009 HSGP is a homeland security assistance program
that provides funds to build capabilities to prevent, respond to, and recover from Incidents of National
Significance, including threats of incidents terrorism.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (4/15/2010)
Department of Human Resources:
Approved. — Cathy Shallal (4/14/2010)
Risk Management and Safety:
Approved by Risk Management. — Julie Secontine (4/15/2010)
Corporation Counsel:
After viewing the above-reference grant agreement award to Oakland County, for Oakland County, in the amount
of $1,622,932.00, 1 found no legal issues that must be resolved before the grant is executed. — Jody S. Hall
(4/16/2010)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of these
4/29/2010
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Page 2 of 4
specifically cited compliance related documents for this grant.
FEMA - Uniform Administrative Requirements for Grants and Cooperative agreements with State and Local
Governments (44 CFR Part 13)
http:6.v.ww.accessmo.gov!naralcfriwaisidx 06(44c fr 1 3_06.html
Cost Principles for State, Local and Indian Tribal Governments (OMB CIRCULAR A-87) (2 CFR Part 225)
http://www.accesszpo.govinaralefriwaisidx_08/2cfr225_08.html
Federal Office of Management and Budget (OMB) Circular No, A47, A-102, and A-133
http :Amy". whitchouse goviumb!circularsiindex.html
Single Audit Act of 1984 (with amendments in 1996)
http://www.w4itehouse.gov!omblfmaricialifin_single_ audit, ht_ml
Executive Order 13347 - Individuals With Disabilities in Emergency Preparedness
http://www.fema.govipdfiernergericylnirrisinims_executive order 1334?.pcit
Title VI of the 1964 Civil Rights Art (42 U.S.0 Section 2000d)
lattp/www.usdoj.govicrticortcoordltitlevistathtm
.Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976"
ht/ww-w.1egislature.rni.govi(uOlxgeltmrj.5_z55_z2aiy6L45)./mileg.risnx?nage=
B76&queryid—.14718540
Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976"
http:/iwww.1egis1ature.rni,govi(uq3lxgelttnrj5z55z2uiv ric---m -1-Act-220:_ot
1976&queryid—,14718589
Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980
http w-ww.legis) ature :tui .govi(Stealra gyiunc 12b hi 0s21355))/mileg. aspx?vagtr getOb iect&objectName=mc17Act-27,5-of-
1980
Department of Homeland Security — Protected Critical Infrastructure Information (6 CFR Part 29)
http:/lecfr.Rpoaccess.govicgiititextitext-idx?c=ecfr&tpi—lecfrbrowseiTitle06/ fr29inain_02.431
Department of Homeland Security — Protection of Sensitive Security Information (99 CFR Part 1520)
http://www.access_gps.L.gpvinara"cfriwaisidx, 04,49cfr15202)4.httni
Executive Order 12372 - Intergovernmental review of Federal programs
http://www.fws ,gpvipolicyllibraryirgeo12372.pdf
US OW Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR. Part 66 and 28 CFR
Part 70)
http:g www. access .gpo .g,ov/naraicfr/wai sidx_04/28cfrv2_04.html
Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18)
httpwww.access.gpo.govinara'cfriwaisidx Q1/28cfr18_01,html
Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22)
1-ittp:3-www. access gpo. govinaralcfrAval.$idx_04i28cfr22_04.1ionl
Criminal Intelligence Systems Operating Policies (28 CFR, Part 23)
http:;./www.access,ao zov rntra'cfriwaisidx 04/28cfr23_04.html
intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30)
http:Ilwww.acce,ss.gpo.zpvinaraicfril,vaisid.x_01/28cfr30_01.html
Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35)
http://www.accesLgpo.govinarwcfr'waisidx_01/28c5 -35_01.html
4/NV711111
Page 3 of 4
Equal Treatment for Faith Based Organizations (28 CFR Part 38)
http;//www,usdoi.eovlovvvidocs/asememoreiniplementationof2ScfrpartiR,pdf
Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42)
http://www.access.mo.2ovinaralcfriwaisi _01/28cfr42„91.html
Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61)
httn://www.access.wo.Rovfnaraicfriwaisidx_01128jr61 91.1itml
Floodplain Management and Wetland Protection Procedures (28 CFR Part 63)
http://www.arcess.epo.govinaraictilwaisidx_01/28cfr63j)1.htail
National Historic Preservation Act of 1966 (16 U.S.C. 470)
h ://www.n s. ov/histical-lawinh 966h tm
Executive Order 11593 — Protection and enhancement of the cultural environment
http://wwiA!.gsa.RovnPortal/esWeD/contcntViewsio?contentType=GSAiji AS ICIrconten th-1=12094
Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469)
htto://www.nps.govihistorylmal-law/FHPLArehl-listPres.pdf
The National Environmental Policy Act of 1969 (42 U.S.C. 4321)
/.nepa.gov/nepWregs/ncpcpaeqiaj
Crime Control and Safe Streets Act of 1968
h lai42usc37 9 bun
Victims of Crime Act (42 USC Section 10604)
http://wavim ,usdoi .gov/crticontry•agencyldoj 1 0604. htlil
Juvenile Justice and Delinquency Prevention Act
btro;Poiidri.nuirs.orgiabout/iidpa2002titlev,pdf
Federal Civil Rights Act of 1964
http://www.usdoj ,gov/crtico.rindex.htm
The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
hutp://www.dol gov/oasamiregs/statutesisec504.htm
The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101)
http://www.ada.govipubs/ada htTri
The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685 -86)
http://www.ttsdoj.govicrticoricoordititleixstcatila
Age Discrimination Act of 1975 42 U.S.C. Sections 6101 -6107
http://www.dol ,govioasamiregsistatutes/age_act.hau
Executive Order 13279 - Equal Protection of the Laws for Faith -based and Community Organizations
hftp://www ,whitehouse.2ov/ciews/releases/2002/12/20021712 -6 html
U.S. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
htto://www.fhwa.dot.govircalestatefaahtm
Federal Hatch Act - Political Activity of Certain State and Local Employees
http;fiwww.osc.govilatchact.htm
FEMA — New Restrictions on Lobbying (44 CFR Part 18)
htmuiwww.access,apo_zovinaralciewaisidx_06/44cfr18_06.html
417Q1911I n
Page 4 of 4
Executive Order 12549 — Debarment and Suspension
http://www.archives.govifederal-rmistericalification/executive-order 712549.1=1
Emergency Management and assistance Regulations (44 CFR)
http:11,,,,,,vw.access.gno.govinaralefriwaisiclx_00/44cfevi _00,html
Drug-Free Workplace Act of 1988
htsp://frwebgate.av.cess.gpo.goviegi-biaigetdoc:cgi?dbrianic —browse_.usc&docid—Citc:--41UW701
Gala V. Piir
Grants Compliance and Programs Coordinator
Oakland County Fiscal Services bivision
Phone (248) 858-1037
Fax (248) 858-9724
piirgeoakgov.com
A P-rofin
• State of Michigan
2009 Homeland Security Grant Program
August 1, 2009 to April 30, 2012
CFDA Number: 97.067
Grant Number: 2009-SS-T9-0060
This Homeland Security Grant Program (HSGP) Grant Agreement is hereby entered into between the Michigan
Department of State Police, Emergency Management and Homeland Security Division (hereinafter called the
Subgrantor), and the
COUNTY OF OAKLAND
(hereinafter called the Subgrantee)
I, Purpose
The purpose of HSGP is to provide federal funds for the purpose of preventing, deterring, responding to. and
recovering from Incidents of National Significance, including threats and incidents of terrorism.
The 200911SGP is a primary funding mechanism, operated by the United States Department of Homeland Security
(DHS) for building and sustaining national preparedness capabilities. HSGP is comprised of four separate grant
programs, of wnich two are covered by this grant agreement:
• The State Homeland Security Program (SHSP) - The State Homeland Security Program (SHSP) is a core
assistance program that provides funds to build capabilities at the state and local. Activities implemented under
SHSP must support terrorism preparedness by building or enhancing capabilities that relate to the prevention
of, protection from, or response to, and recovery from terrorism in order to be considered eligible. However,
many capabilities which support terrorism preparedness simultaneously support preparedness for other
hazards. Grantees must demonstrate this dual-use quality for any activities implemented under this program
that are not explicitiy focused on terrorism preparedness. Linkages between specific projects undertaken with
SHSP funds and strategic goals and objectives will be highlighted through regular required reporting
mechanisms, including the Biannual Strategy Implementation Report (BS1R).
• Urban Areas Security initiative (UASI) - The intent of the UASI program is to enhance regional preparedness
in major metropolitan areas. The UASI program directly supports the National Priority on expanding regional
collaboration in the National Preparedness Guidelines and is intended to assist participating jurisdictions in
developing integrated regional systems for prevention, protection, response, and recovery. The FY 2009 UASI
program continues this mission by providing financial assistance to address the unique multidiscipline planning,
organization, equipment, training, and exercise needs of high threat, high -density urban areas, and to assist
them in building and sustaining 13 capabilities to prevent, protect against, respond to, and recover from threats
or acts of terrorism.
The FY 2009 UASI program is intended to enhance regional preparedness efforts. Urban areas must use these
funds to employ regional approaches to overall preparedness and are encouraged to adopt regional response
structures whenever appropriate. UASI program implementation and governance must include regional
partners and should have balanced representation among entities with operational responsibilities for
prevention, protection, response, and recovery activities within the region. States must ensure that the
identified urban areas take an inclusive regional approach to the development and implementation of the FY
2009 UASI program and involve the contiguous jurisdictions, mutual aid partners, port authorities, rail and
transit authorities, campus law enforcement, state agencies, Citizen Corps Council(s), and MMRS jurisdictions
in their program activities.
Activities implemented under UAS1 must support terrorism preparedness by building or enhancing capabilities
that relate to the prevention of, protection from, or response to terrorism in order to be considered eligible.
However, many capabilities which support terrorism preparedness simultaneously support preparedness for
other hazards. Grantees must demonstrate the dual -use quality for any activities implemented that are not
explicitly focused on terrorism preparedness.
F
2009 HSGP Grant Agreement
County of Oakland
Page 2 of 9
Funding Priorities
Priorities for the FY 2009 HSGP have been modified based on the risk-based funding and the capability-based
planning process used by the OHS. FY 2009 HSGP will focus on the following objectives as its highest priorities:
1. Address capability requiremerts and measure progress in achieving the National Preparedness Guidelines;
2. Support the national priority to strengthen planning and citizen preparedness capabilities by strengthening
preparedness planning.
3. Support the national priority to strengthen information sharing and collaboration capabilities by maximizing
information sharing via the national network of fusion centers
4. Support the national priority to strengthen medical surge and mass prophylaxis by developing and
enhancing health and medical readiness and preparedness capabilities
5. Support the national priority to strengthen Chemical, Biological, RadiologicallNucleae and Explosive
(CBRNE) detection, response, and decontamination capabilities by strengthening Improvised Explosive
Device (FED) attack deterrence, prevention, and protection Capabilities
6. Support the national priority to strengthen CBRNE detection, response, and decontamination capabilities by
strengthening preventive radiological/nuclear detection capabilities
IL Objectives
The principal objective of this grant agreement is to emetic* financial assistance to support HSGP allowable
activities. Allowable Investments made in support of the programs listed above must fall into one of the following
five cost categories:
1. Planning
2. Organization
3. Equipment
4. Training
5. Exercises
For guidance on allowable costs and program activities, please refer to the 2009 Federal HSGP Guidance, located
at http://www.fema.gov/pdf/government/grant/hsgpify09_hsgp_guidance.pdf,
To assist Subgrantees, the Subgrantor, in conjunction with the Michigan Hemelane Security Preparedness
Committee, has created a [st of priority projects that Subgrantees shall use their 2009 HSGP funds to support.
These projects were derived from the 11 Investment Justifications developed by EMHSD that are to be
implemented at the regional/local level. Additional information is provided in the Michigan FY 2009 HSGP
Supplemental Grant Guidance. Subgrantees must take a regional approach when determining the best use of FY
2009 HSGP funds. Subgrantees must consider the needs of local units of government, tribal governments, and
applicable volunteer organizations in the projects and activities included in their FY 2009 HSGP application.
III. Statutory Authority
Funding for the Fiscal Year 2009 HSGP is authorized by trio Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act of 2009 (Public Law 110-329).
The Subgrantee agrees to comply with all HSGP program requirements in accordance with the FY 2009 HSGP
Guidance. The Subgrantee also agrees to comply with the following regulations:
A. Administrative Requirements
1, 44 CF R, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments, located at http.lieCFR.gpoaccess.govicgilt/text/text-
idx7ce-ecfraitple/ecfrbrowsefTitle44144cfrl 3_main_02.tpl
2 2 CFR, Part 215, Institutions of Higher Learning, Hospitals, and Other Non-Profit Organizations (OMB
Circular A-110), located at hltp://ecfr.gpoaccess.gov/cglititextitext-
id x?c=ecfr&sid=5f901o818356757091bb65ea931163c6a8itple-tecfrbrowse/Title02/2 cfr215_ma in_02.tpl
fr'S
2009 HSGP Grant Agreement
County of Oakland
Page 3 of 9
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.govicglititext/text-
ldx?crxecfr&tp1=/ecfrtirowseiTitle0212cfr225_main_02.tpl
2. 2 CFR, Part 220, Cost Principals for Educational Institutions (OMB Circular A-21), located at
ittp://ecfr.gpoaccess.govicgiititextfiext-idx?c=ecfargn=div58,view=text&node=2;1.1.2.3.4&idno.-2
3. 2 CFR, Part 230, Cost Principals for Non-Profit Organizations (OMB Circular A-122), located at
http://ecfr.gpoaccess.govicgiNtextitext-idx ?c=eofr&tpl=iecfrbrowserritIe02/2cfr230_main_02.tpl
4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts
with Commercial Organizations, located at
https://www.acquisition ,govtfar/htmlfSubpart%2031_2.html#wp1095552
C. Audit Requirements
1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at
http://www.wh itehouse.govtom bicirculars/a1331a133. htm I
IV. Homeland Security Grant Program Award Amount and Restrictions
The COUNTY OF OAKLAND is awarded $1,622,932.00 under the FY 2009 HSGP. This total consists of
$148,218.00 from the SHSP program and $1,474,714.00 from the UAS1 program.
FY 2009 HSGP does not contain a separate line-item for Law Enforcement Terrorism Prevention Program (LETPP),
However, at least $40,805.00 of SHSP award funds and $386,671.00 of UASI award funds must be dedicated
towards law enforcement terrorism prevention-oriented planning, organization, training, exercise, and equipment
activities.
At least $37,055.00 of SHSP award funds and $368,679.00 of UASI award funds must be dedicated to
strengthenirg preparedness planning through planning, training, and exercising activities. This is a OHS
requirement and additional details can be found in the FY 2009 HSGP Guidance
This grant agreement designates HSGP funds only for reimbursement of authorized costs that are incurred curing
the FY 2009 Grant Agreement perioe. Grant agreement funds shall not be used for other purposes. Allocations for
the FY09 HSGP have been determired on a regional basis through a funding methodology consistent with current
Department of Homeland Security (OHS) guidance. Regional Boards have been created to ensure that all
jurisdictions within a designated region have an equal say in how funds are spent.
For any activities involving construction, demolition, or installations of equipment: an Environmental and Historic
Preservation (EHP) Review must be completed prior to any work being done. Any activities that have been
Initiated without the necessary EHP review and approval will result In a non-compliance finding and will not
be eligible for federal funding.
V. Responsibilities of the Subgrantee
FY 2009 HSGP 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 suppty 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.
The Subgrantee agrees to comely with all applicable federat and state regulations including, but not limited to, the
following:
2009 HSGP Grant Agreement
County of Oakland
Page 4 of 9
A. In adcition to this 2009 HSGP Grant Agreement, the Subgrantee 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. Request for Taxpayer Identification Number and Certification (W-9)
5. Other documents that may be required by federal or state officials
B. The FY09 Homeland Security Grant covers eligible costs from August 1, 2009 to April 30, 2012. Please
refer to the Fiscal Year 2009 Homeland Security Grant Program Guidance, located at
http:/twww.fema.gov/pdfigovernment/grantihsgp/fy09_hsgp_guidance.pdf., for a detailed list of what costs
are eligible under this grant. Allowable costs are specifically addressed in Part VIII of the HSGP Guidance.
C. Make all purchases in accordance with grant guidance and local purchasing policies.
D. 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 OHS and EMHSD grant guicelines and must directly support one of the required projects from the
regional supplemental guidance, and at least one of the 37 target 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.
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 DHS.
F. Within 30 days of the end of the Subigrantee's 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.
G. Create and maintain an inventory of all FY 2009 HSGP 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 for at least three years after the grant is closed by the
awarding Federal Agency. Subgrantees are advised that, when practicable, any equipment purchased with
grant funding snail be prominently marked as follows: "Purchased with funds provided by the U.S.
Department of Homeland Security. Within 30 days of the end of the Subgrantee's fiscal year, the
Subgrantee must supply a copy of this inventory to the Michigan State Police, Emergency Management
and Homeland Security Division, Audit Unit, 4000 Collins Road, Lansing, Michigan 48910-5883
H. Make FY09 HSGP equipment available for pick-up by other government agencies pe 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.
I. Tne Subgrantee agrees to prepare the Reimbursement Cover Sheet (EM0-1154) and all reouired attached
documentation, including all required authorizeo signatures, and submit it to the Subgrantor at a minimum
at the end of each quarter (or more frequently, as needed). Please note: One Reimbursement Cover
Sheet and related forms must be completed for each grant project, solution area, allocation type,
and individual exercise. Reimbursement Cover Sheets must be filled out completely or they will be
returned to the Subgrantee for proper completion. Please refer to the Reimbursement Guidance included
with each of the reimbursement forma. The Reimbursement Cover Sheet (EMD-054) and other
reimbursement forms can be found on the EMHSD website, iocated at
r
2009 i-ISGP Grant Agreement
County of Oakland
Page 5 of 9
http://werw.michigan.govirnsp/0,1607,7-123-1593_3507_41574-214684--,00.html . The Subgrantee will not
be reimbursed for funds until all required signed documents and reimbursement documents are received.
J. Submit quarterly progress reports to the Subgrantor on the status of all approved projects. The due dates
for quarterly work reports are detaileci in Section VII of this 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, 2010. July 20, 2010, January 20, 2011, July 20, 2011, January
20, 2012, and July 20, 2012. 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 FY09 HSGP award period.
L. Comply with FY09 National Incident Management System (NIMS) implementation requirements and move
towards completion by September 30, 2012. FY09 NIMS requirements must be fulJy complied with by
September 30, 2012. NIMS information is available at http://www.fema.govtemergency/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, statistical records, supporting documents, and other materials pertinent to
the FY 2009 HSGP for at least three years after the grant is closed by the awarding Federal Agency, 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.
N. Integrate individuals with disabilities into emergency planning, per Executive Order 13347.
0. Environmental and Historic Preservation Compliance: The federal government Is required to consider
the potential impacts to the human and natural environment of projects proposed for federal funding. The
Environmental and Historic Preservation (EHP) Program, engages in a review process to ensure that
federally-funded activities comply with various federal laws. The goal of these compliance requirements is
to protect our nation's water, air, coastal, wildlife, agricultural, historical, and cultural resources, as well as
to minimize potential adverse effects to children and low-income and minority populations. The Subgrantee
shall riot undertake any project having the potential to impact EHP resources without prior approval.
Any activities that have been Initiated without the necessary EHP review and approval will result in
a non-compliance finding and will not eligible for federal funding.
VP. Responsibilities of Subgrantor
The Subgrantor, in accordance with the general purposes and objectives of this grant agreement, will:
A. Administer the FY09 HSGP in accordance with all applicable federal and state regulations and guideilnes
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 DHS, conduct random on-site reviews,
•
2009 HSGP Grant Agreement
County of Oakland
Page 6 of 9
VII. Reporting Procedures
Submit quarterly progress reports to the Su bgrantor on the status of all funding. 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.
Reporting quarters for each year are as follows:
January 1 through March 31
April 1 through June 30
July 1 through September 30
October 1 through December 31
The final reporting quarter ends with the end of the grant performance period, which may result in this final quarter
being less than three months in duration.
Quarterly reports are to be submitted by end of the month following the end of each quarter. The first Quarterly
Progress Report for the FY09 HSGP grant is due on April 30, 2010. Reports are to be sent electronically to
emd_hsgp@michigan.gov .
VIII. Payment Procedures
The Subgrantee agrees to prepare the Reimbursement Cover Sheet (EMD-054) and all required attached
documentation, including all required authorized signatures, and suarnit it to the Subgrantor at a minimum at the
end of each quarter (or more frequently, as needed). Please note: One Reimbursement Cover Sheet and
related forms must be completed for each grant project, solution area, allocation type, and individual
exercise. Reimbursement Cover Sheets must be filled out completely or they will be returned to the Subgrantee for
proper completion. Please refer to the Reimbursement Guidance included with each of the reimbursement forms.
The Reimbursement Cover Sheet (EMD-054) and other reimbursement forms can be found on the EMHSD website
at http://vvww.michigan.govimsp10 ,1607,7-123-1593_3507_41574-214684--,00.html, The Subgrantee will not be
reimbursed for funds until all required signed documents and reimbursement documents are received.
Drawdown of Funds in Advance: Subgrantees may request funds (for purchases of $25,000 or more) up to 120
days prior to expenditure. All of tne following requirements must be met to obtain advanced funds: 1) The
Subgrantee must complete a letter stating the reason they are requesting an advance; 2) The Subgrantee must
submit a copy of an approved purchase order showing the delivery date for the items ordered to be within 120 days
of the purchase order date; 3) These funds must be placed in an interest-bearing account (2CFR, part 215.22k).
The Subgrantee may keep interest up to $100 per year (CFR44, part 13,21h) for administrative expenses for all
federal grants combined (per DHS Financial Management Guide, January 2006). If the Subgrantee is notified by
the vendor of deays in the delivery date of equipment, funds must be returned to the Subgrantor. Advances cannot
be outstanding for more than 120 days; 4) Any interest earned over $100 must promptly, but at least quarterly, be
remitted to: MSPIEMHSD, Financial Section, 4000 Collins Road, Lansing, MI 48910. The Subgrantee must also
notify the Subgrantor in writing of any interest earned over $100 quarterly.
IX. 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, IMCL 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
oe 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,
2009 HSGP Grant Agreement
County of Oakland
Page 7 of 9
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 the Subgrantee appears in the
register compiled by the Michigan Department of Energy, Labor, and Economic Growth, Bureau of Commercial
Services, Licensing and Enforcement Divisions, pursuant to 1980 PA 278, as amended, MCL 423.321 at seq.
(State Contractors with Certain Employers Prohibited Act), or on the Federal Excluded Party List system, located at
vvww.epls.gov .
X. 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.
Xl. 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 August 1, 2009 to April 30, 2012. 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 Subgrantee agrees to
return to the Subgrantor any funds not authorized for use, and the Subgrantor shall have no further obligation to
reimburse the Subgrantee.
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 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 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. Subgrantee agrees to inform Subgrantor in writing immediately of any
proposed changes of dates, budget, or services indicated ii 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 Subgrantor 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.
2009 HSGP Grant Agreement
County of Oakland
Page 8 of 9
• Failure to follow grant agreement requirements or specie) 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 Sungrantor 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.
XV. Freedom of information Act (FOIA)
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. The Subgrantee should be familiar with the regulations governing Protected Critical
Infrastructure Information (5 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.
Capt. W. Thomas Sands
Depgly State Director of Emergency
Management and Homeland Security
ture
2009 HSGP Grant Agreement
County of Oakland
Page 9 of 9
XVI. 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. The Subgrantee
agrees to complete all requirements specified in this grant agreement.
County of Oakland
Name of Jurisdiction
Printed Name Title
Signature Date
For the Subgrantor (Michigan State Police - Emergency Management and Homeland Security Division)
Printed Na e Title
Da e
—7/(--/-0,//"'‘)
FY2010
through
FY2012
Adopted
Budget Amend
FY2010
through
FY2012
Amended
Budget
NCE COMMITTEE
1
Finance Commie VoLe:
Motion carricd unanimo'asly on a roll call voze
0 lb
June 9 2310
FISCAL NOTE
BY. _FINANCE COMMITTEE. TOM MIDDLETON. CHAIRPERSON
IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — ACCEPTANCE FOR
2009 FEMA STATE HOMELAND SECURITY GRANT PROGRAM — OAKLAND 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 U.S. Department of Homeland Security, through the Federal Emergency
Management Agency (FEMA) for the State Homeland Security Grant Program has
awarded Oakland County reimbursement for qualified expenses up to, but not exceeding
5148,218 for the State Homeland Security Program and $1.474 714 for the Urban Area
Security Initiative, for a total of 51,622,932.
2 The grant period is August 1. 2009 through April 30, 2012.
The US Department of Homeland Security Program is comprised of four mission areas of
homeland security (prevent, protect, respond, and recover) and address the 8 national
priorities and 37 target capabilities as they relate to terrorism.
4. The grant will also support implementation of the National Preparedness Guidelines
Strengthening of improvised explosAfe device (IED) attack deterrence, Prevention. and
protection capabilities, and strengthening preparedness planning_
5. The future level of service will be contingent upon the level of funding available from the
State
6. The FY2010. FY2011 and FY2012 Budgets are amended as follows:
Fund 29340 GR0000000496
Revenue
1060601-115125-610313 Federal Grant Rev. L 12 $1,622,932 $1,622,932
Expenditures - State Homeland Security Program
1060601-115125-731458 Professional Svs 0 500.000 500,000
1060601-115125-750154 Expendable Equip. 0 561.466 561.466
1060601-115125-760157 Capital Outlay 0 561,466 561 466
Total Expenditures $ 0 $1,622,932 51,622,932
Y APPROVE THE RMEMING RESOLUTION I HE
Resolution #10132 June 9, 2010
Moved by Gosselin supported by Nash the resolutions (with fiscal notes attached) on the Consent
Agenda-be adopted.
AYES: Burns, CapeIlo, 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.
ACTING PURSUANT TO 1973 PA 139
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 June 9.
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 9th day of June, 2010.
Gde
Ruth Johnson, County Clerk