HomeMy WebLinkAboutResolutions - 2011.07.21 - 18644MISCELLANEOUS RESOLUTION .#11152 July 21, 2011
By: General Government Committee, Christine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION - 2010 FEMA STATE
HOMELAND SECURITY GRANT INTERLOCAL AGREEMENT
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS funding was released from the United States Department of Homeland Security, Federal
Emergency Management Agency (FEMA) to the State of Michigan for the 2010 Homeland Security Grant Program
(HSGP); and
WHEREAS the State of Michigan has awarded a 2010 Homeland Security Grant to Region 2 which
includes, but is not limited, to the City of Detroit and Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne
Counties; and
WHEREAS Oakland County has been voted and approved to act as the Fiduciary Agent and Subgrantee
for the Region 2 Homeland Security Planning Board for the FY 2010 HSGP; and
WHEREAS the grant agreement was approved by the Board of Commissioners on June 9, 2011, under
Miscellaneous Resolution #11118; and
WHEREAS Oakland County Corporation Counsel has developed the attached Interlocal Agreement and
Exhibits to be used for the 2010 Homeland Security Grant Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreement and Exhibits and authorizes its Chairperson to execute such Agreement and all
other related documents between Oakland County and the Political Subdivisions located in Region 2 of the state.
Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
t
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Matis and Gershenson absent.
RA 2010 HOMELAND SECURITY GRANT PROG
INTERLOCAL FUNDING AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
[NAME OF POLITICAL SUBDIVISION]
This Interlocal Funding Agreement ("the Agreement") is made between Oakland County, a
Constitutional Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("Fiduciary"), and the
[Name and Address of Political Subdivision], a Michigan Municipal Corporation ("Political
Subdivision"). In this Agreement the Fiduciary and the Political Subdivision may also be referred to
individually as "Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL
124.501, et seq., the Fiduciary and the Political Subdivision enter into this Agreement for the purpose of
passing through 2010 Homeland Security Grant Program (Grant Program) funds to the Political
Subdivision; delineating the relationship and responsibilities among the Fiduciary, the Political
Subdivision, and the Region 2 Planning Board regarding the Grant Program; and addressing use of
Grant Program funds, including but not limited to, the purchase, use, and tracking of equipment
purchased with Grant Program funds, purchase or reimbursement of services with Grant Program funds,
and/or reimbursement for certain salaries and/or overtime with Grant Program funds.
Oakland County, Michigan was elected and appointed Fiduciary for the 2010 Homeland Security Grant
Program by Region 2 Planning Board at its April 20, 2011 meeting.
Oakland County accepted the position of Fiduciary and as a result entered into the 2010 Homeland
Security Grant Program Agreement with the State of Michigan and became the Subgrantee for the Grant
Program.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, within or without quotation marks, or possessive or nonpossessive,
shall be defined, read, and interpreted as follows.
Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto,
and any other mutually agreed to written and executed modification, amendment, or
addendum.
1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of
action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or
expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court
costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are
imposed on, incurred by, or asserted against the Fiduciary or Political Subdivision, as defined
herein, whether such claim is brought in law or equity, tort, contract, or otherwise.
Pagel
2010 Homeland Security Grant Program Funding Agreement — 062011
1.1.
1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.4. Fiduciary means Oakland County, a Constitutional Corporation including, but not limited to,
its Board, any and all of its departments, divisions, elected and appointed officials, directors,
board members, council members, commissioners, authorities, committees, employees,
agents, and/or any such persons successors.
1.5. Political Subdivision means the , a Michigan Municipal Corporation
including, but not limited to, its Council, Board, any and all of its departments, its divisions,
elected and appointed officials, directors, board members, council members, commissioners,
authorities, committees, employees, agents, subcontractors, attorneys, and/or any such
persons successors.
1.6. Region means the area comprised of the City of Detroit and Macomb, Monroe, Oakland, St.
Clair, Washtenaw, and Wayne Counties. This Region mirrors the existing State emergency
management district and the Office of Public Health Preparedness bio-defense network
region.
1.7. Region 2 Homeland Security Planning Board ("Region 2 Planning Board") means the
Regional Homeland Security Planning Board for Region 2, as created by the Michigan
Homeland Protection Board, and is comprised of the City of Detroit and Macomb, Monroe,
Oakland, St Clair, Washtenaw, and Wayne Counties. The Region mirrors the existing State
emergency management district and the Office of Public Health Preparedness bio-defense
network region.
1.8. 2010 Homeland Security Grant Program ("Grant Program") means the grant program
described and explained in Exhibit B which began August 1, 2010 and ends April 30, 2013.
The purpose of the Grant Program is to prevent, deter, respond to, and recover from incidents
of national significance including, threats and incidents of terrorism.
2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated
amendments are incorporated and are part of this Agreement.
2.1. Exhibit A — Region 2 Homeland Security Planning Board meeting minutes from April 20,
2011; re: 2010 Homeland Security Grant Program Fiduciary;
2.2. Exhibit B — 2010 Homeland Security Grant Program Agreement between Fiduciary and the
State;
3. FIDUCIARY RESPONSIBILITIES.
3.1. The Fiduciary shall comply with all requirements set forth in the Grant Program Agreement
between the Fiduciary and the State of Michigan, attached as Exhibit B.
3.2. The Fiduciary shall comply with all requirements set forth in the 2010 Homeland Security
Grant Program Guidance.
3.3. The Fiduciary shall submit all project justification forms to the State for review and approval,
which have been approved by the Region 2 Planning Board and submitted to the Fiduciary.
Page 2
2010 Homeland Security Grant Program Funding Agreement — 062011
3.4. The Fiduciary shall submit all allOwable cost justification forms to the State for review and
approval which the Political Subdivision has submitted to the Fiduciary.
3.5. The Fiduciary shall reimburse the Political Subdivision, for the equipment, services and/or
personnel costs as set forth in the allowable cost justification forms and the applicable
reimbursement forms reviewed and approved by the State. The funds shall only be released
by the Fiduciary after the applicable reimbursement forms, required by the State and the
Fiduciary, are properly executed by the Parties. The Fiduciary's Homeland Security
Manager shall execute the forms on behalf of the Fiduciary and shall execute the forms
on behalf of the Political Subdivision. The Fiduciary in its sole discretion shall determine if
the reimbursement forms are properly executed.
3.6. The Fiduciary shall create, maintain, and update a list/inventory of all equipment purchased
with Grant Program funds beginning at the time the Grant Program Agreement is executed
and ending three (3) years after the Grant Program is closed. The list/inventory shall include
the following: (1) the equipment purchased; (2) the cost for each piece of equipment; (3)
what Political Subdivision the equipment is transferred to; and (4) the physical location of the
equipment.
3.7. The Fiduciary shall notify the Political Subdivision at the end of the Fiduciary's fiscal year of
the dollar amount of Grant Program funds released to the Political Subdivision for that fiscal
year. This amount shall include the dollar amount of equipment purchased with Grant
Program funds by the Political Subdivision.
3.8. The Fiduciary shall file this Agreement pursuant to law and provide executed copies of this
Agreement to the Region 2 Planning Board Secretary and the Political Subdivision.
4. POLITICAL SUBDIVISION RESPONSIBILITIES.
4.1. The Political Subdivision is entitled to reimbursement of allowable expenses for the Grant
Program in an amount not to exceed [INSERT AMOUNT Fea THE POLITICAL
SUBDIVISION]. This amount does not include Grant Program funds allocated to the
Region 2 Designated Funding Allocation.
4.2. The Political Subdivision shall prepare all project justification forms for the use of Grant
Program funds and shall submit such forms to the Region 2 Planning Board for review and
approval via the process designated by the Region 2 Planning Board. Upon approval from
the Region 2 Planning Board, the Political Subdivision shall forward the project justification
forms to the Fiduciary. The Fiduciary will forward the project justification forms to the State
for review and approval.
4.3. Once the State has approved the project cost justification forms, the Political Subdivision
shall prepare and forward, to the Fiduciary, the allowable cost justification forms. The
Fiduciary will forward the allowable cost justification forms to the State for review and
approval.
4.4. Al] funds allocated to the Political Subdivision in Section 4.1 require proof of encumbrance
or requests for reimbursement received by the Fiduciary no later than 5:00 p.m. on October
31, 2012. Grant funds which are not encumbered or which do not have reimbursement
Page 3
2010 Homeland Security Grant Program Funding Agreement — 062011
requests received by the Fiduciary by this date will be reallocated to the Region 2 Designated
Funding Allocation.
4.5. The Political Subdivision shall use the equipment, purchased with Grant Program funds, and
all Grant Program funds in accordance with the 2010 Homeland Security Grant Program
Guidance.
4.6. The Political Subdivision shall keep the Fiduciary informed of the location of the equipment,
purchased with Grant Program funds regardless of who purchased the equipment. If the
equipment by its nature is mobile, the Political Subdivision must provide a general location
or "home-base" where the equipment can be found. If the location of the equipment changes,
the Political Subdivision shall provide the new location to the Fiduciary immediately. The
information required by this Section shall be provided to the Fiduciary upon receipt of the
equipment by the Political Subdivision and continue until three (3) years after the close of
this Grant Program.
4.7. The Political Subdivision shall list the dollar amount provided by the Fiduciary pursuant to
Section 3.7 on the Political Subdivision's Schedule of Expenditures of Federal Awards.
4.8. Except for equipment that is disposable or expendable, the Political Subdivision shall inform
the Fiduciary if it plans to dispose of the equipment and work with the Fiduciary regarding
any issues associated with disposal of the equipment.
4.9. The Political Subdivision shall make the equipment available to the Fiduciary, the State and
Federal Auditors upon request.
5. REGION 2 PLANNING BOARD RESPONSIBILITIES. The Parties agree and acknowledge
that the Region 2 Planning Board shall have the following responsibilities:
5.1. Undertake studies and make recommendations on matters of emergency management and
homeland security to Political Subdivisions in the Region;
5.2. Prepare and present to the State Homeland Security Advisory Council findings of activities
and initiatives undertaken in the Region;
5.3, Hold public meetings, subject to the Michigan Open Meetings Act;
5.4. Perform such other acts or functions as it may deem necessary or appropriate to fulfill the
duties and obligations imposed by Federal and State homeland security program
requirements;
5.5, Establish sub-committees to carry out its work;
5.6. Advocate for, monitor, and actively engage in the implementation of the Regional Homeland
Security Strategy; and
5.7. Review and approve all project justification forms for the expenditure of Grant Program
funds that are submitted.
Page 4
2010 Homeland Security Grant Program Funding Agreement — 062011
TION OF INTERLOCAL AGREEMENT. 6. DU
6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties
with resolutions passed by the governing bodies of each Party and shall end three (3) years
from the date the Grant Program is closed. The approval and terms of this Agreement and
any amendments hereto shall be entered in the official minutes of the governing bodies of
each Party.
7. LIABILITY/ASSURANCES.
7.1. Each Party shall be responsible for any Claim made against that Party by a third party, and
for the acts of its employees or agents arising under or related to this Agreement.
7.2. In any Claim that may arise under or relate to this Agreement, each Party shall seek its own
legal representation and bear the costs associated with such representation, including attorney
fees.
7.1 Neither Party shall have any right under any legal principle to be indemnified by the other
Party or any of its employees or agents in connection with any Claim.
7.4. Notwithstanding any other provision of this Agreement, the Political Subdivision shall be
solely responsible for all costs, fines, and fees associated with the use and misuse of Grant
Program funds that it receives or the use or misuse of the equipment, including but not
limited to, costs for replacing the equipment or costs, fines, or fees associated with an
ineligible use determination by auditors.
7.5. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Agreement and bind the Parties to the teims and conditions
contained herein.
7.6. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, laws, and requirements applicable to its activities performed under this
Agreement, including but not limited to the Grant Program Agreement, attached as Exhibit
B, and the 2010 Homeland Security Grant Program Guidance.
8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or
cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of
termination and/or cancellation shall be clearly stated in the notice. If this Agreement is terminated
and/or cancelled, the Transfer of Ownership Agreements executed prior to the date of termination
and/or cancellation, shall remain valid and govern the Parties' duties and obligations regarding
equipment transferred to the Political Subdivision and the Parties shall execute Transfer of
Ownership Agreements for all equipment ordered by the Fiduciary prior to the date of termination
and/or cancellation.
9. NO THI " 1 PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
Page 5
2010 Homeland Security Grant Program Funding Agreement — 062011
10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants
for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and
privileges of employment, or any matter directly or indirectly related to employment in violation of
any federal, state or local law.
11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and governmental
authorizations necessary to carry out its obligations and duties pursuant to this Agreement.
12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties.
13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract,
and/or assign any obligations or rights under this Agreement without the prior written consent of the
other Party.
14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement
to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement.
All other terms, conditions, and provisions of this Agreement shall remain in full force.
16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural number,
any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.
17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent
express delivery service or personal delivery; or (3) three days after mailing first class or certified
U.S. mail.
17.1. If Notice is sent to the Fiduciary, it shall be addressed and sent to: Oakland County Board of
Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy
to Oakland County Homeland Security, Manager, 1200 N. Telegraph Dept 410, Building 47
West, Pontiac, Michigan 48341.
17.2. If Notice is sent to the Political Subdivision, it shall be addressed to:
Page 6
2010 Homeland Security Grant Program Funding Agreement — 062011
17.3. Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change.
18. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of
the State of Michigan.
19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments,
recessions, waivers, or releases to this Agreement must be in writing and executed by both Parties.
20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding
between the Parties. This Agreement supersedes all other oral or written agreements between the
Parties. The language of this Agreement shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
IN WITNESS WHEREOF, Michael J. Gingell, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on
behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and
conditions of this Agreement.
EXECUTED: DATE:
Michael J. Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Bill Bullard, Jr., Clerk,'Register of Deeds
County of Oakland
[Political Subdivision Signature Block]
Page 7
2010 Homeland Security Grant Program Funding Agreement — 062011
Resolution #11152 July 21, 2011
Moved by Runestad supported by Zack the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Weipert, Woodward, Zack,
Bosnic, Covey. (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).
I HEREBY APPROVE THE FOREGOING RESOLUTION.
/ 7 /
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 July 21,
2011, 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 21 st day of July, 2011.
E,LEL
Bill Bullard Jr., Oakland County
h