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Resolutions - 2011.10.05 - 18744
MISCELLANEOUS RESOLUTION #11234 October 5, 2011 BY: GENERAL GOVERNMENT COMMITTEE, Christine Long, Chairperson IN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION — PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2011 ACCEPTANCE TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has awarded Oakland County grant funding in the amount of $51,656 for the period of October 1, 2010 through September 30, 2011; and WHEREAS the Homeland Security Division was notified of available grant funding via a letter dated August 19, 2011, as attached; and WHEREAS this is the 39 th year of grant acceptance for this program; and WHEREAS the purpose of the program is to encourage the development and comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the states and local governments; and WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass-through of Federal funds and requires a 50% match; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and is subject to the approval of the Department of Corporation Counsel and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan in the amount of $51,656 for Fiscal Year 2011. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to continue to fund any special revenue positions if/when the grant expires. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County 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 Matis, Hatchett and Quarles absent. G' A T REVIEW SIGN OFF — Homeland Security Division GRANT NAME: FY 2011 Emergency Management Performance Grant (EMPG) FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Ted Quisenberry 248 452-9578 STATUS: Grant Acceptance DATE: September 9, 2011 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. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (8/30/2011) Department of Human Resources: Approved. — Karen Jones (8/30/2011) Risk Management and Safety: Approved. — Andrea Plotkowski (9/1/2011) Corporation Counsel: The above-referenced grant agreement is approved. There are no legal issues that need to be resolved before the grant agreement is executed. - Jody S. Hall (9/6/2011) ' CO LIANCE The grant agreement references a number of specific federal and/or state regulations. Below is a list of these specifically cited compliance related documents for this grant. Federal FY 2011 EMPG Grant Guidance and Application Kit htm://www.fema.govindf/government/grant/20 11/fyl1 empg kit.odf State EMPG Guidebook Michigan Emergency Management Act, Act 390, P.A. of 1976, as amended http: //w ww.michigan.govidocurnents/mspemd-Act_390 of 1976 7125 7.0f - The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended bttp://www.fema.goviabout/stafact.shtm Emergency Management and Assistance Regulations (44 CFR) http://www.access. • • o. • ov/nara/cfr/waisidx 00/44cfrvl 00.htmI Office of Management and Budget Circulars A-87, A-102 and A-133, as revised http://www.whitehouse.gov/omb/circulars/index.htmI Executive Order 13347 - Individuals With Disabilities in Emergency Preparedness htte://www.fema.gov/pdf/emergency/nUnsinims ex ecuti ve_o rd er 13347.p df NIMS Compliance (National Incident Management System) h ttp://w ww fern. go v/emergency/nims/ Single Audit Act of 1984 (with amendments in 1996) Intp://www.whitehouse.gov/omb/financial/fin single audithtml Title VI of the 1964 Civil Rights Act (42 U.S.0 Section 2000d) http://www.usdoj.gov/crt/cor/coord/titlevistathtm Title V111 of the Civil Rights Act of 1968 — Fair Housing Act (42 U.S.C. Section 3601, et seq.) http://www.usdm.gov/crt/housingititle&htm The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) http://www.usdoj.gov/crt/cor/coordititleixstathtm Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 http://www. dol. govio asam/regs/s-tatutes/age act. htm Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www. le gislature.mi.gov/(uq3lxgeltrnri5z55z2uiwv45)/mile g. asp x?pag e=getobi ect&obiectname=mcl-Act-453- of-1976&quervid=14718540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" http://w ww.leg islature.mi,gov/(uq31 xgeltrnri5z55z2ui wv45j/mi le g.aspx?page=getobj ectao bi ectnarne=m el-Act-220- of-19768cauervid-14718589 Department of Homeland Security— Protected Critical Infrastructure Information ,(6 CFR Part 29) http://ec fr. gpo ac cess. g °vie gi/t/tex t/text-idx?e=ec fr&tplqecfrbro wse/Title06/6cfr29 rnain_02.tP1 Department of Homeland Security — Protection of Sensitive Security Information (49 CFR Part 1520) http://www.access.gpo.gov/naralcfr!waisidxO4/49cfr1520 04.html Federal Office of Management and Budget (OMB) Circular No. .4-21, A-87, A-102, A-110, A-122 and A-133 http://www.whitehouse.gov/ornb/circulars/indexlitml Executive Order 12372 - Intergovernmental review of Federal., programs http://www.fws.gov/nolicy/library/rgeo12372.pdf US Doi Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) http://www.access.gpo.gov/nara/cfr/waisidx 04128cfrv2 04 .html Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18) litto://www. access. gpo. gov/nara/cfr/waisidx 01128cfr1 8 01 .httrd Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) http:IIwww.ac'ess.gpo.gcv/naraJcfr/waisidx 04128cfr22_04.html Criminal Intelligence Systems Operating Policies (28 CFIt, Part 23) hap ://www. access. gpo. gov/nara/cfr/waisidx 04128cfr23 04.html Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) http://www.access.gpo.gov/naralefewaisidx 01/28cfr30 01 .html Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) htt ://www.access. m• o.. ov/nara/cfr/waisidx_01/28cfr35 01.html Equal Treatment for Faith Based Organizations (28 CFR Part 38) http://ww w.u.sdej .gov/ovw/docs/asgmernoreimplementationof28c frpart3S.pdf Nondiscrimination; Equal. Employment Opportunity; Policies and Procedures (28 CIFR Part 42) http://www.access.po.gov/nara/cfr/waisidx 01/28cfr42 01. html Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61) http://www.access.gmgovirtaraicfriwaisidx_01/28cfr61 01.htrrd Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) Itttp://www.access.gpo.gov/naraicfr/waisidx 01128 c fr63_01. html National Historic Preservation Act of 1966 (16 U.S.C. 470) http://www.nps.gov/history/local-law/nhpal 966.htm Executive Order 11593 — Protection and enhancement of the cultural environment htto://www.gsa.gov/P ortal/gsa/m/contentView.doTcontentType—GS A BASIC&contentld =12094 Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469) http://www.nps.govIhistory/local-law/FHPL ArchHistPres.pdf The National Environmental Policy Act of 1969 (42 U.S.C. 4321) ://www.n - ea.. °vim a/regs/nepa/nTaeqia.htm • Omnibus Crime Control and Safe Streets Act of 1968 ht ://www.usclo ..c iit/42usc3789d.htm Victims of Crime Act (42 USC Section 10604) htta://www.nsdoj.gov/crt/coribvagencv/doj10604.htm Juvenile Justice and Delinquency Prevention Act http://0iidp.ncirs.orglaboutrjdpa2002tit1ev_.pcif Federal Civil ' its Act of 1964 http://www.usdoj.gov/crticor/index.htm The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794) http:!Iwww.dal.gov/oasamiregs/statuteslsec504.htm The Americans with Disabilities Act of 1990 (42 U.S.C., Section 12131-34) http://www.adLgov/pubs/adahtm Executive Order 13279 - Equal Protection of the Laws for Faith-based and Community Organizations htto://www. w hitehouse. RO Win e %/releases/2002/12/20021212-6.1nm! U.S. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 htto://www.fftwa.clot.2ov/realestate/act.htm Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.osc.gov/hatchact.htm Restrictions on Lobbying (28 CFR part 69) http://www.aecess.z)o.gov/nara/cfrIwaisicix_04/28cfr69 04. html Executive Order 12549 — Debarment and Suspension hag ://www.archi ves. goy/federal-reel ger/codification/executive-order/12549.h tml Government-Wide Debarment and Suspension (28 CFR, Part 67) htts://www. access. • *o. • ov/nara/cfr/waisictx 04/28cfr67 04.html ere. Drug-Free Workplace Act of 1988 litto://frw eb gate.ac c css. goo . gov/e gi-b in/getdo c c gi?dbname=brow se_us c &d o c id=C ite:+41USC701 Federal Office of Management and Budget (OMB) Guidelines to Agencies on Govermnentwide Debarment and Suspension (Nonprocurement) (2 C1FR, Part 180) http://www.access.gpo.gov/uara/cfr/waisidx_ 08/2cfrl 80 08.httrd Trafficking Victims Protection Act of 2000, Section 106 http://www.state.gov/2itip/rls/tiprpt/2007/84205 tam Trafficking Victims Protection (22 USC 7102) http://uscode.house.gov/download/p1s/22C78.txt Executive Order 12958 Classified National Security Information http://frwebgate.access.gpo.gov/cRi-bin/getdoc.cgi?dbnarne-1995 register&docid=fr20ap95435.pdf The National Environmental Policy Act of 1969 (42 U.S.C. 4321) http://www.nepa.gov/nepa/teus/nepa/nepaepia.hUrt National Historic Preservation Act of 1966 as amended through 1992 (16 U.S.C. 470) hap://www.nps.go vihistory/local-law/nhpa1966.htm Endangered Species Act of 1973 http://www.nmfs.noaa.gov/pr/laws/asa/ Executive Order 11988 - Floodplain management btto://www.archives.gov/federal-registericodification/executive-order/11988.html Executive Order 11990 - Protection of wetlands http://vvww.archives.gov/federal-registerkadificatioulexecutive-ordbel1990.html Executive Order 12898 - Environmental Justice for Low Income and Minority Populations http://www.fema.pov/plan/chp/ehplaws/eico.shtm RA Gaia Piir From: Sent: To: Cc: Subject: Approved, VanPelt, Laurie <vanpeltl@oakgov.com > Tuesday, August 30, 2011 5:35 PM 'Piir, Gaia'; 'Davis, Patricia'; 'Jones, Karen', 'Secontine, Julie' 'Stoddard, Sara'; 'Quisenberry, Theodore H.'; 'Pisacreta, Antonio' RE: Grant Review: Homeland Security - FY 2011 - Emergency Management Performance Grant (EMPG) Grant Agreement From: Piir, Gala fmailto:piirg raoakciov.coml Sent: Tuesday, August 30, 2011 4:00 PM To: 'Davis, Patricia'', Jones, Karen; 'Secontine, Julie'; VanPelt, Laurie' Cc: 'Stoddard, Sara'; 'Quisenberry, Theodore H.'; 'Pisacreta, Antonio' Subject: Grant Review: Homeland Security - FY 2011 - Emergency Management Performance Grant (EMPG) Grant Agreement GRANT REVIEW FORM TO: REVIEW DEPARTMENTS—Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Health & Human Services, Homeland Security FY 2011 — Emergency Management Performance Grant (EMPG) Grant Agreement Michigan Department of State Police, Emergency Management and Homeland Security Division 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: September 13, 2011 NT INFCRMATION Date: August 30, 2011 Operating Department: Homeland Security Department Contact: Ted Quisenberry Contact Phone: 248-452-9578 Document Identification Number: CFDA Number: 97.042 REVIEW STATUS: Acceptance — resolution required Funding Period: October 1, 2010 to September 30, 2011 New Facility! Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None MWDBE Requirements: Yes — Federal Pass-through; compliance with common rule and OMB circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $51,656.00 Gaia Piir From: Sent: To: Cc: Subject: Jones, Karen <jonesk@oakgov.com > Tuesday, August 30, 2011 4:55 PM 'Piir, Gala'; 'Davis, Patricia'; 'Secontine, Julie; VanPelt, Laurie' 'Stoddard, Sara': 'Quisenberry, Theodore H.'; 'Pisacreta, Antonio' RE: Grant Review: Homeland Security - FY 2011 - Emergency Management Performance Grant (EMPG) Grant Agreement Approved. — From: Piir, Gaiarmailto:piircaoakoov.comj Sent: Tuesday, August 30, 2011 4:00 PM To: 'Davis, Patricia'; Jones, Karen; Secontine, Julie'; 'VanPelt, Laurie' Cc: 'Stoddard, Sara'; 'Quisenberry, Theodore H.`; 'Pisacreta, Antonio' Subject: Grant Review: Homeland Security - FY 2011 - Emergency Management Performance Grant (EMPG) Grant Agreement GRANT RE.vrEw FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Health & Human Services, Homeland Security FY 2011 — Emergency Management Performance Grant (EMPG) Grant Agreement Michigan Department of State Police, Emergency Management and Homeland Security Division 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: September 13, 2011 GRANT INFORMATION Date: August 30, 2011 Operating Department: Homeland Security Department Contact: Ted Quisenberry Contact Phone: 248-452-9578 Document Identification Number: CFDA Number: 97.042 REVIEW STATUS: Acceptance — resolution required Funding Period: October 1, 2010 to September 30, 2011 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None MWDBE Requirements: Yes — Federal Pass-through; compliance with common rule and OMB circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $51,656.00 GaTa Pik From: Sent: To: Cc: Subject: Plotkowski, Andrea <plotkowskia@oakgov.com > Thursday, September 01, 2011 3:30 PM 'Piir, Gala' Tern Easterling; Sandy Johnson RE: Grant Review: Homeland Security - FY 2011 - Emergency Management Performance Grant (EMPG) Grant Agreement, RM11-0247 (RM10-0254) Approved. Andrea Plotkowski Andrea Plotkowski, CIC Insurance & Safety Coordinator Oakland County — Risk Management & Safety 2100 Pontiac Lake Road, Bldg 41W Waterford, MI 48328-0471 Phone: 248-858-1694 Fax: 248-452-9796 Email: plotkowskiA0oakgov.com Hours: Monday Thursday: 7:00 a.m. to 5:30 p.m. From: Par, Gaia [mailto:paro(aoakgov.comi Sent: Tuesday, August 30, 2011 4:00 PM To: 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie'; 'VanPelt, Laurie' Cc: 'Stoddard, Sara'; 'Quisenberry, Theodore H.'; 'Pisacreta, Antonio' Subject Grant Review: Homeland Security - FY 2011 - Emergency Management Performance Grant (EMPG) Grant Agreement GRANT REVIEW FORM SINSIZNIXtrallt 0111-. TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Health & Human Services, Homeland Security FY 2011 — Emergency Management Performance Grant (EMPG) Grant Agreement Michigan Department of State Police, Emergency Management and Homeland Security Division 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: September 13, 2011 popyitimapala, GRANT INFORMATION Date: August 30, 2011 Operating Department: Homeland Security Department Contact: Ted Quisenberry Contact Phone: 248-452-9578 Document Identification Number: CFDA Number: 97.042 1 Gala Piir From: Sent: To: Subject: IMMONSIMINIF77,77-5=,11MENSIni Hall, Jody <halljs@oakgov.com > Tuesday, September 06, 20111:03 PM Gala'; Jones, Karen; 'Julie Secontine'; 'VanPelt, Laurie'; Quisenberry, Theodore H.; Stoddard, Sara; 'Pisacreta, Antonio' Grant Review: Homeland Security - FY 2011 - Emergency Management Performance Grant (EMPG) Grant Agreement Good Afternoon All: The above-referenced grant agreement is approved. There are no legal issues that need to be resolved before the grant agreement is executed. Jody © Jody &Hall, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3rd Floor Pontiac, MI 48341 Phone Number: (248) 858-0555 Fax Number: (248) 858-1003 E-mail: hallisRoakuov.com PRIVILEGED AND CONFIDENTIAL — ATTORNEY CLIENT COMMUNICATION This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney- client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in anyway. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. RICK SNYDER GOVERNOR STATE OF MIFFIIGAN DEPARTMENT OF STATE POLICE I. ANSINCi COL. KRI STE KIBBEY EWE DIRECTOR c=2, Ca/ 1N3 611 August 10, 2011 Dear Local Emergency Management Coordinator: Enclosed is the Fiscal Year 2011 (FY 2011) Emergency Management Performance Grant (EMPG) Program grant agreement package for the County of Oakland. Please return the required grant documentation listed on the enclosed Subgrantee Checklist to our office. We cannot reimburse you for any expenditures until we have received your signed grant agreement and all other required forms included on the Sub grantee Checklist. The Department of Homeland Security (DHS) provides federal funds through the EMPG Program for state and local emergency management programs. As the designated grantee for EMPG funding in Michigan, the Emergency Management and Homeland Security Division (EMHSD) enters into grant agreements with local emergency management programs each year. Please note that the Catalog of Federal Domestic Assistance (CFDA) Number for the EMPG Program is 97.042. The total award for your program for FY 2011 is noted in Section IV (EMPG Award Amounts and Restrictions) of your FY 2011 EMPG Grant Agreement. Reimbursement for your EMPG program is contingent upon completion of the activities in the signed Emergency Management Work Agreement. In order to remain eligible for EMPG funding, you must maintain current and adequate plans and meet exercise requirements. If a work activity is not completed in the designated quarter, you may not be reimbursed until the work is completed. The Emergency Management and Homeland Security Division District Coordinators may make recommendations on reimbursement, but final approval remains with the Deputy State Director of Emergency Management and Homeland Security, wino may or may not approve a delay in the completion of the activity. If you have not completed the work activities (for which funds have been withheld) by the end of the fiscal year, you may be required to forfeit those funds. You may utilize the specific award you will be receiving to compensate a portion of the program manager's wages and fringe benefits. The EMD-007 must be submitted to your district coordinator each quarter. Documentation (in the form of check numbers or payroll register reports) is required for the program manager's salary and fringe benefits costs. Please refer to Section V (Responsibilities of the Subgrantee) in the grant agreement for information about supplanting. As a recipient of funding from DHS. you are responsible for the management and flscal control of all funds These responsibilities include accounting for receipts and expenditures, maintaining adequate financial records, and refunding expenditures disallowed by federal or state audit. Please see Section ill (Statutory Authority) and Section V (Responsibilities of the Subgrantee) of your FY 2011 EMPG Grant Agreement for specific responsibilities and requirements. Sincerely, W. Thomas Sands, Captain Deputy State Director of Emergency Management and Homeland Security WTS:SE3.c11 Enclosures (8) EMERGENCY MANAGEMENT AND HOWLAND SECURITY DIVISION • 4000 COLLINS ROAD LANSING, MICHIGAN 48910 mwo.rnicnigan govimsp • !Cil7) 336-6196 TEE WILL NOT BE REIMBURSED FOR FUNDS UNTIL ALL REQUIRED SIGNED DOCUMENTS ARE RECEIVED! RAN SUBG SUBGRAPTHE CHECKLIF r;' 2011 E1ERGENCY MANAGEMENT PERFORP,74 711C7 CTILAT (EM PC) GRANT AGREEMENT CFDA No: 97.042 Submit the following items as necessary: ATTN: Mr. Sean BrLly, EMHSD, Michigan State Police, 4000 Collins no A, Lansing, Michit t 48910 E 1. Grant Agreement (NOTE: There are two (2) sets of the Agreement enclose ,l. Please sign both, but retain one signed document for your records and re;,,.,rn the other signed document to us.) LI 2. Ste, lard ",ss -Jrances 0 3. Certificatior, Reu—diFig Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement (FEMA Form 20-16C) 0 4. State of Michigan :,udit Certification Form (EMD-053) 1] 5. DUNS Number Record Form POST REIMBURSEIV 7K7 rIEQUIREFEEA-S Participate with Subgrantor in an on-site monitoring of financial documents. Also retain financial records, supporting documents, and all other records pertinent to the grant for at least three years after the final grant report. Be sure to comply with Single Audit requirements of OMB Circular, A-133. If required, the ubg rant ee submits audit copy to: Michigan Department of State Police, Budget and n4 ina ncial Services Division, 333 South Grand Avenue, P.O. Box 30634, Lansing, Michigan 48909-0634. TRICT.Cc.: ce Grant State of Michigan Emergency Management Perk): (EM PC) Grant Agreement October 1, 2010 to September 30, 2011 CFDA Number: 97.042 [—Grant Number: EMW-2011-EP-00044-S01 This Fiscal Year 2011 (FY 2011) Emergency Management Performance Grant (EMPG) 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 Su bgrantee) I. Purpose The purpose of this grant agreement is to provide federal EMPG funds to the Subgrantee for the development and maintenance of an emergency management program capable of protecting life, property, and vital infrastructure in times of disaster or emergency. II. Objectives The federally designated priority for the FY 2011 EMPG grant is Advancing "Whole Community" Security and Emergency Management, To address the priority, four objectives nave been identified and each has been given a performance measure and associated reporting requirement to determine effectiveness in utilizing EMPG Program funding to prepare for all hazards and advance a whole community approach. Within these measures, progress toward achieving the stated objective must be evaluated in the quarterly EMPG Program report and in compliance with reporting requirements. A. Objective One: Approved Emergency Plans Ei. Objective Two: Completion of Threat and Hazard Identification and Risk Assessment (THIRA) C. Objective Three: Develop and Maintain Multi-Year Training and Exercise Plans (TEPs) D. Objective Four: Target Training and Verify Capability of Personnel. Progress towards these objectives will be measured through standardized reporting requirements. For more information on the federally designated priority and the four objectives, as well as guidance on allowable costs and program activities, please refer to the FY 2011 EMPG Guidance and Application Kit, located at http://www.femagovipdfigovernment/grant12011ffyl1_empg_kit.pdf. Ill. Statutory Authority Funding for the FY 2011 EMPG is authorized by Section 507 of the Department of Homeland Security Appropriations Act, 2010 (Public Law 111-83), as extended by the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112-10), as amended; Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53); the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA) (Public Law 109-295); and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (Public Law 93-288), as amended, 42 U.S.C. 5121-5207, The Subgrantee agrees to comply with all EMPG program requirements in accordance with the federal FY 2011 EMPG Grant Guidance and Application Kit; the state EMPG Guidebook; the Michigan Emergency Management Act, Act 390, P.A. of 1976, as amended, located at httpliwww.michigan.gov/documents/mspemd- Aci_390_of_1976_7125_7.pdf; and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, located at http://www.femagoviabout/stafact . The Subgrantee also agrees to comply with regulations, including, but not limited to the following, as applicable: A. Administrative Requirements FY 2011 EMPG COUNTY OF OAKLAND Page 2 of 9 1. 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments OMB Circular A-102), located at http://eCF R,gpoaccess.govicgiMextitext-idx7c=ecfr&tpl=/ecfrbrowserritle44/44cfr13_main e02.tpl 2. 2 CFR, Part 215, Uniform Administrative Requirements for Grants and Cooperative Agreements to Institutions of Higher Learning, Hospitals. and Other Non-Profit Organizations (OMB Circular A-110), located at http://ecfr.gpoaccess ,govicgiititext/text- idx?c=ecfr&sid=5f90b818356757091b1365ea93f163c6a&tpl=lecfrbrowseiTitle0212cfr215_main_02,tpl 3. 44 CFR, Part 10 Federal Acquisition Regulations (FAR), Contract Cost Principles and Procedures, Contracts with Commercial Organizations: Environmental Considerations, located at http://ecfegpoaccess.govicgiNtextitext-idx ?c=ecfr&tpl -e-/ecfrbrowserlitle44/44cfr1Ornain_02.tpl B. Cost principles 1. 2 CFR, Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87), located at http:flecfr.gpoaccess.govicginftextitext- idx?c=ecfreapl=iecfrbrowselTitle02/2cfr225 emain_02.tpl 2. 2 CFR, Part 220, Cost Principles for Educational Institutions (OMB Circular A-21), located at http://ecfr.gpoaccess.govicglit/textitext-idx?c=ecir&tpl.e/ecfrbrowserfitle02/2cfr220_main_02.tpl 3. 2 CFR, Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122), located at http://ecfr. gpoaccess.govicginitextitext-idx ?c=ecfr&tpl=fecfrbrowse(Title02/2cfr230_main_02.tpl 4. 44 CFR, Part 31.2 Federal Acquisition Regulations (FAR), Contract Cost Principles and Procedures, Contracts with Commercial Organizations, located at https://www,acquisition.govifar/html/Subpart%2031_2.htmittwp1054379 C. Audit Requirements 1, OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at http://www.whiteho use.gov/sites/defa ult./files/arab/assets/al 33/a133_revised_2007.pdf 2. Improper Payments Information Act (IPIA) of 2002, (Public Law 107-300), located at http://wvvw.dol.gov/ocfoirnedia/regsilPIA.pdf. D. Duplicatior. of Benefits There may not be a duplication of any federal assistance by governmental entities, per 2 CFR Part 225. Basic Guidelines Section C,3 (c), located at http://ecfegpoaccess.govicgiit/text/text- idx?c=ecfr&tpl=fecfrbrowserritle02,2cfr225_main_02.1p1 . Non-governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2. IV. FY 2011 EMPG Award Amount and Restrictions A. The CouNry OF OAKLAND is awarded $51656.00 under the FY 2011 EMPG, The Subgrantor determined the Subgrantee's EMPG allocation as 36.823212% of the Subgrantee's emergency program manager's salary and fringe benefits. Because it is dependent upon the level of federal funding for the EMPG program. the award may be reduced if the level of federal funding is decreased. The Subgrantee may receive less than the allocated amount if the Subgrantee's cost share of wages and fringe benefits paid to the program manager are less than the total allocation. The Subgrantee's EMPG program budget is documented on the "Local Budget for Emergency Management Performance Grant" (form EMD-17). B. This grant agreement designates EMPG funds for the administration and oversight of an approved emergency management program The Su bgrantee may utilize grant funds for the reimbursement of salary, overtime, and associated fringe benefits for the program manager. No other expenditures are allowed, C. The funds awarded in the grant agreement shall only be used to cover allowable costs that are incurred during the agreement period. Grant agreement funds shall not be used for other purposes. D. In FY 2011, the EMPG Program has a 50% oust match (cash or in-kind) requirement, as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288), as amended, 42 FY 2011 EMPG COUNTY OF OAKLAND Page 3 of 9 U.S.C. 5121-5207, Specifically, Title VI, sections 611(j) and 614, Unless otherwise authorized by law. federal funds cannot be matched with other federal funds. FEMA adrninisters cost matching requirements in accordance with 44 CFR Part 1324 or 2 CFR Part 215.23. To meet matching requirements, the grantee contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all federal requirements and regulations. FEMA administers cost match requirements in accordance with 44 CFR Part 13.24, which is located at http://wvvw.access.gpo.govInara/cfr/waisidx_07/44cfro _07.html. Please refer to the FY 2011 GPO Award Administration Information, located at http://www.fema gov/pdf/governmentigrant/2011/fyll_empg_award.pdf, for additional match guidance to include match definitions, basic guidelines, and governing provisions. E. Unauthorized program expenditures include, but are not limited to, the following: 1. Construction and renovation 2. Hiring of public safety personnel for traditional public safety duties 3. Purchase of equipment 4. Maintenance and Sustainment F. The Subgrantee must provide its Dun and Bradstreet Date Universal Numbering System (DUNS) number to the Subgrantor upon request. G. FEMA has implemented additional effectiveness measures and reporting requirements. New for FY 2011, are targeted training requirements for the National Incident Management System (NIfv1S) and the Professional Development Series and targeted exercise requirements. In compliance with these new requirements, additional reporting requirements will be necessary in the fourth quarter, ending September 30. 2011. Guidance for accomplishing these requirements will be provided by the Subgrantor. Further requirements will be implemented in FY 2012, with guidance provided at the time work agreements are developed. H. Upon request, the Subgrantee must provide to the Subgrantor information necessary to meet federal subaward reporting and executive compensation requirements. V. Responsibilities of the Subgrantee FY 2011 EMPG 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. The Subgrantee agrees to comply with all applicable federal and state regulations, including, but not limited to the FY 2011 EMPG Grant Guidance and Application Kit, located at http://www.femagov/pef/governmentigrant/2011/fy11_empg_kit.pdf; the FY 2011 GPD Award Administration Information, located at http://www.fema.govtpdf/governmenttgrant12011411_empg_award.pdf; and the Agreement Articles Applicable to Subgrantees: Fiscal Year 2011 Emergency Management Performance Grants. Each of these documents is incorporated by reference to this grant agreement. Agreement Articles Applicable to Subgrantees: Fiscal Year 2011 Emergency Management Performance Grants are enclosed with the grant agreement packet. The Subgrantee also agrees to comply with the following: FY 2011 EMPG COUNTY OF OAKLAND Page 4 of 9 A. In addition to this FY 2011 EMPG 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. DUNS Number Record Form 5. Other documents that may be required by federal or state officials B. The FY 2011 EMPG covers eligible costs from October 1, 2010 to September 30, 2011. Please refer to the FY 2011 EMPG Guidance and Application Kit, located at httpl/www.fema.govipdfigovernmentigrant/2011/fy11_empg_kit.pdf, for a detailed list of what costs are eligible under this grant. Allowable costs are specifically addressed in Part II .A of the federal grant guidance. C. Complete quarterly work agreements as identified in the Emergency Management Fiscal Year 2011 VVork Agreement, as scheduled. D. Enact enabling legislation establishing the local emergency management program and ensure a copy of the local resolution or ordinance is on file with the Subgrantor. E. Appoint an emergency management program manager who is able to assume responsibility for the following functions. either personally or through officers: 1. Development and maintenance of programs and systems for effective coordination of community resources in all phases of emergency management: mitigation, preparedness, response, and recovery. 2. Planning and preparation for population protection, including evacuation, sheiter/reception, logistics and resource management. Ensure that Executive Order #13347 entitled "Individuals with Disabilities in Emergency Preparedness is being addressed. Further information can be found at the Disability and Emergency Preparedness Resource Center at www.disabilitypreparedness.gov . 3. Planning and preparation for its appropriate role in response to natural and man-made emergencies and disasters. 4. Exercising the emergency operations plan of the jurisdiction. 5. Emergency management training. 6. Response and recovery from natural and man-made hazards, homeland security related incidents, and other emergencies that may threaten the safety and well-being of citizens and communities. 7. Promoting public awareness of hazards and encouraging family and individual preparedness. 8. Identifying and implementing measures to mitigate the negative impact of disasters and emergencies. 9. Assure full MIMS compliance, as detailed in state guidance, by the end of FY 2011. NIMS information is available at http://www fernagov/emergency/ners. 10 Identify needs and priorities tor strengthening capabilities, while simultaneously addressing issues of state and national concern as identified both in the National Priorities and the Target Capabilities. F. Provide Subgrantor with complete job description for the federally funded EMPG program manager, including non-EMPG duties. G. Notify the Subgrantor immediately of any changes in the EMPG funded program manager's position. H. The Subgrantee will contribute to the development and maintenance of the State's Multi-Year Training and Exercise Plan (TEP) and conduct exercises that comply with local, state, and federal requirements, including the Homeland Security Exercise and Evaluation Program (HSEEP) to accomplish this goal. Specific requirements are as follows: 1. Exercises must be conducted by the Subgrantee at least annually 2. Exercises must comply with the Subgrantee's Emergency Management Annual Work Agreement 3. The Subgrantee must also submit a three-year exercise plan worksheet reflecting upcoming training events and exercises which are to be included in the annual State Multi-Year Training and Exercise Plan. FY 2011 EMPG COUNTY OF OAKLAND Page S of 9 4, An After Action Report/Improvement Plan (AAR/IP) shall be completed for each exercise and submitted to the Michigan State Police Emergency Management and Homeland Security Division (EMHSD) State Exercise Officer. I. Ensure tne EMPG funded program manager completes specific training classes as required by the Annual WorX Agreement for FY 2011. J. Have an approved and current emergency operations plan on file with the EMHSD District Coordinator. K. The Subgrantee agrees to prepare the form EMD-007 "EMPG Expenses Claimed for Local Program Contributions Form'. The Efv1D-007 form is also referred to as the "Quarterly Billing Form". The Subgrantee agrees to submit this form with supporting documentation, including all required authorized signatures and required reimbursement documentatiOn, to the appropriate District Coordinator no later than 20 days following the end of each quarter. The most current EMD-007 form must tie used or the reimbursement request will not be processed, The "Quarterly Billing Form' (EMD-007) is located at http://www.michigan.gov/rnsp/0,1607,7-123-645_3500_4614---,00.iitml. L. The Subgrantee is required to comply with NIMS requirements to be eligible to receive FY 2011 federal preparedness funds awarded through the Department of Homeland Security. NIMS information is available at httpetwwvv.femaeoviemergencyinims. More information on complying with NIMS is available from the State NIMS Coordinator_ M. Comply with applicable financial and administrative requirements set forth in the current edition of 44 CFR, Part 13 including, but not limited to, 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 FY11 EMPG for at least three years after the grant is closed by the awarding Federal Agency, for purposes of federal andfor state exam inatior 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 in compliance with Executive Order 13347. 0. Complete additional reporting requirements for the fourth quarter, ending September 30, 2011. Guidance far accomplishing these requirements Mil be provided by the Subgrantor. VI. ResponsiblItitties of Subgrantor The Subgrantor, in accordance with the general purposes and objectives of this grant agreement, will: A. Administer the FY 2011 EMPG in accordance with all applicable federal and state regulations and guidelines and submit required reports to the awarding federal agency. 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, in an amount not to exceed 50% of allowable expenditures, up to the Subgrantee's total EMPG award, based upon appropriate reports, records, and documentation submitted by the Subgrantee. Quarterly reimbursements will be determined by the amount of the program manager's salary and fringe benefits submitted. FY 2011 EMPG COUNTY OF OAKLAND Page 6 of 9 E. At its discretion, independently, or in conjunction with OHS, conduct random on-site reviews with Subgrantee(s). VII. Reporting Procedures A. The Subgrantee agrees to prepare quarterly reports using the "Emergency Management Fiscal Year 2011 Work Agreement/Quarterly Reports Form" (EMD-31/EMHSD-31) and submit them to the appropriate District Coordinator no later than 20 days following the end of each quarter. Reimbursement of expenditures by the Subgrantor is contingent upon the Subgraniee's completion of scheduled work activities. B. If the Subgrantee fails to complete the scheduled work activities during a quarter, the Subgrantor will withhold reimbursement until either the work is completed or the Deputy State Director of Emergency Management and Homeland Security approves a delay in the completion of the activity. If scheduled work, activities are not completed by the end of the fiscal year, September 30, 2011, any balance of the EMPG award may be forfeited. C. A Subgrantee that fails to complete the annual exercise requirement, as scheduled within FY 2011 may be ineligible for EMPG funding for that quarter and all remaining quarters of FY 2011, and all subsequent quarters until the quarter when the qualifying exercise is completed. D. 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. E. Reporting periods and due dates are as follows: October 1 through December 31; Due January 31 January 1 through March 31; Due April 30 April 1 through June 30; Due July 31 July 1 through September 30; Due October 31 VIII. Payment Procedures A. The Subgrantee agrees to prepare the form EMD -€107 "EMPG Expenses Claimed for Local Program Contributions Form". The EMD-007 form is also referred to as the "Quarterly Billing Form". The Subgrantee agrees to submit this form with supporting documentation, including all required authorized signatures and required reimbursement documentation, to the appropriate District Coordinator no later than 20 days following the end of each quarter. The most current EMD-007 form must be used or the reimbursement request will not be processed. The "Quarterly Billing Form" (EMD-007) is located at http://www.michigan.govirrisp/0.1607,7-123-1645_3500_4614---,00.html. B. If the Subgrantee submits an incomplete or late quarterly billing report to the District Coordinator, the billing may not be processed until the following quarter. C. The Subgrantee agrees to return to the Subgrantor any unobiigated balance of funds held by the Subgrantee at the end of the agreement period or handle them in accordance with the instructions provided by the Subgrantor. IX. Employment Matters Subgrantee shall comply with Title VI of the Civil Rights Act of 1964, as amended: Title VIII of the Civil Rights Act of the 1968, as amended; Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act); the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990; the Elliott-Larsen Civil Rights Act; 1976 FY 2011 EMPG COUNTY OF OAKLAND Page 7 o(9 PA 453, as amended; MCL 37.2101 at seq.; the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended; MCL 37.1101 at 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 the Subgrantee on this Project appears on the Federal Excluded Parties List System, located at www.epls.gov . X. Limitation of Liability Subgrantor and Subgrantee ID this grant agreement agree that each must seek its own legal representative and bear its own casts, 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 for either party. XL Redistribution Prohibition A grant awarded under this grant agreement shall be used by the Subgrantee and shall not be redistributed by the Subgrantee to any other entity unless specifically provided for in the grant agreement, XII. 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. XIII. Grant Agreement Period This grant agreement is in full force and effect from October 1, 2010 to September 30, 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 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. XIV, 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 Xill 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 FY 2011 EMPG COUNTY OF OAKLAND Page 8 of 9 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. • 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. XV. 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, XVI. Freedom of Information Act (FOIA) Much of the information submitted in the course of applying far 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 (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 Prnted Name Title Signature Date For the Subqrantor IMichiqan State Police, Emergency Maria ement and Homeland Security Division a FY 2011 EMPG COUNTY OF OAKLAND Page 9 of 9 XVII. 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 Sul:grantee agrees to complete all requirements specified in this grant agreement. County of Oakland Name of Subgrantee For the Chief Elected Official: Printed Name Title Signature Date For the Local Emergency Program Manager: Deputy State Director of Emergency W. Thomas Sands, Captain Management and Homeland Security Printed Name August 19, 2011 Title Signature Date STANDARD ASSURANCES OMB APPROVAL NO. 1121-0140 EXPIRES 01/31 12006 The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations. policies. guidelines, and requirements, including OMB Circulars A-21. A-87, A-102. A-110. A-122. A- 133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management. and completion of the project described in this application. 2. it will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance_ 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42. 61, and 63. 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470). E. Order 11593 (identification and protection of historic properties). the Archeological and Historical Preservation Act of 1974 (16 U.S.C.§ 469 a-I et sq.). and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply and will require any subgrantees or contractors to comply) with any applicabie statutorily-imposed nondiscrimination requirements. which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Critne Act (42 U.S.C. §10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 § 5672(b)): the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. §7 94e. the Americans with Disabilities Act of 1990 (42 U.S.C.* 12131-34): the Education Amendments of 1972 (20 U.S.C. §§1681. 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 7 lf a governmental entity a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 .U.S.C.§ 4601 et which govern the treatment of persons displaced as a result of federal and federally-assisted programs: and b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28. which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Signature Date U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPOHSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, 'New Restrictions on Lobbying" and 28 CFR Part 67, 'Government-wide Debarment and Suspension (Nonpro-curernent) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the Covered transaction, grant, Or cooperative agreement. 1. LOBBYING As required by Section 1352. Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that . (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Corgress. or an employee of a Member of Congress in con- nection with the making of any Feaeral grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement, (0) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting to influence ark officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - Lee, 'Disclosure of Lobbying Activities,' in accordance with its instructions: (c) The undersigned shall require that the language of this car. lification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510-- A The applicant certifies that it anti its principals' (a) Are net presently debarred, suspended, proposed tor debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions- by any Federal department Or agency, (to Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against there for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or Stale antitrust statutes or commission of embezzlement, theft, forgery. bribery, falsification or destruction of records, making false statements, or receiving stolen property; (C) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B Where the applicant is unable to certify to arty of the statements in this certification, he or she shall attach an explanation to this application, 3, DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988 and implemented at 28 CFR Part 67, Subpart F, for grantees as defined at 28 CFR Part 67 Sections 67 615 and 67 620— A The applicant certifies that it will or will continue to provide a drug-free workplace by (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition, (b) Establishing an on-going drug-free awareness program to inform employees about- ( 1 ) The dangers of drug abuse in the workplace (2) The grantee's policy of maintaining a drug.free workplace, (3) Any available drug counseling, rehabilitation, and employee assistance programs' and (4) The penalties that may be imposeo upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will- 0.1P firAtO 405115 0.9,11 RE 'PLACES OJP FOAMS do6);2, attlf35141::. 405);4;ArroCr4 044E ORSCA.ETE 2 Application Number and/or Project Name Grantee IRS/Vendor Number (1) Abide by the terms of the statement, and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction, (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion Employers of convicted employees must provide notice, including posrlion title, to Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 ndiana Avenue, N.W., Washington, 0 C. 20531. Notice shall include the iden- tification number(s) of each affected grant: (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- ()) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (1) B The grantee may insert in the space provided below the sae(s) for the performance of work done in connection with the specific grant Place of Performance (Street address, city, county, state, zip code) Check 0 if there are workplaces on file that are not indentified here Section67, 630 of the regulations provides Mat a grantee that )5 a State may elect to make one certification in each Federal fiscal year A copy of which should be included with each ap- plication for Department of Justice funding States and State agencies may elect to use OJP Form 406117, Check 0 if the State has elected to complete OJP Form 406117 DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1986, and implemented at 28 CPR Part 67, Subpart F, for grantees. as defined at 28 CFR Part 67, Sections 67.615 and 67.620— A As a condition of the grant. I certify that I will not engage in the unlawful manufacture, distribution, dispensing, posses- sion, or use of a controlled substance in conducting any activity with the grant, and If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to Department of Justice, Office of Justice Programs, ATTN Control Desk, 810 Seventh Street NW , Washington, DC 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications 1 Grantee Name and Address - 4 Typed Name and Tale of Authorized Representative 5 Signature 6 Date 'US Go.,e,nment Pnnung °lice 1995 405-037.40014 EM0-053 (03-2004) MICHIGAN STATE POLICE k Emergency Management & Homeland Security Division STATE OF MICHIGAN UDIT CERTIFICATION Subgrantee Information Jurisdiction Name: Street Address: City, State, Zip Code: Federal Audit Requirements Fiscal Years Beginning After June 30, 1996 Non-Federal organizations which expend $500,000 or more in Federal funds during their fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1984, as amended, and Office of Management and Budget (OMB) Circular A-133. Subgrantees must submit a copy t,f their audit report to: Budget and Financial Services Division, Michigan Department of State Police, 333 South Grand Avenue, P.O. Box 30634, Lansing, Michigan 48909-0634, for each year they meet the funding threshold. Program: FY 2011 Emergency Management Performance Grant CFDA Number: 97.042 Certification for Fiscal Year Ending (mmicid/ (Check appropriate box) I certify that the subgrantee shown above does not expect it will be required to have an audit performed under the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, for the above listed program. I certify that the subgrantee shown above expects it will be required to have an audit performed under the Single Audit Act of 1984, as amended, and the OMB Circulars as revised, during at least one fiscal year funds are received for the above listed program. A cony of the audit report will be submitted to: Budget and Financial Services Division, Michigan Department of State Police, 333 South Grand Avenue, P.O. Box 30634, Lansing, Michigan 48909-0634. (Signature of Subgrantee's Authorized Representative) (Date) Please mail completed form to: Attention: Mr. Sean Brady Emergency Management and Homeland Security Division Michigan Department of State Police 4000 Collins Road Lansing, Michigan 48910 Authority; Act 390, P. A. of 1976, as amended Completion: Voluntary, but completion necessary to be considered for assistance, Dun & Bradstreet Date Universa; Aumbering System (DUNS) Number Ft•::cnri Form Jurisdiction Name: Street Address: City, State, and Zip Code: DUNS Number: Agreement Articles Applicable t a Suhgrantees Fiscal Year 2011 Emergency Management Performance Grants Article I - Financial Guidelines The Subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to FEMA grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, hespitats, arid Other Non-Profit Organizations (OMB Circular A- 110) 3. 44 r.FR part 10, FrivirnnmPntnl Considerations B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations Article il - Prohibition on Using Federal Funds The Subgrantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of FEMA. Article Ill - Compliance with Program Guidance The Subgrantee agrees that all allocations and use of funds under this grant will be in accordance with the Emergency Management Performance Grants guidance and application kit. Article IV - Trafficking In Persons A. Provisions applicable to a Subgrantee that is private entity. The federal awarding agency may unilaterally terminate this award, without penalty, if a Subgrantee that is a private entity: 1. Is determined to have violated an applicable prohibition in paragraph A.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph A.1 of this award term through conduct that is either: a. Associated with performance under this award; or b. Imputed to the Subgrantee using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement)," as implemented by the federal awarding agency at 2 CFR part 3000. B. Provisions applicable to any Subgrantee. 1 The Subgraritee must inform the Subgrantor immediately of any information received from any source atieging a violation of a prohibition in paragraph A.1 of this award term. 2. The federal awarding agency's right to terminate unilaterally that is described in paragraph A.2 or B of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and b. Is in addition to all other remedies for noncompliance that are available to the federal awarding agency under this award. 3. The Subgrantee must include the requirements of paragraph A.1 of this award term in any subaward it makes to a private entity. C. Definitions. For purposes of this award term: 1. "Employee" means either: a. An individual employed by the Subgrantee or a by a Subgrantee of the Subgrantee who is engaged in the performance of the project or program under this award; or b. Another person engaged in the performance of the project or program under this award and not compensated by the Subgrantee including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. 'Private entity' means: a. Any entity other than a state, local government, Indian Tribe, or foreign public entity, as those terms are, defined in 2 CFR 175.25. b. Includes: i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b). ii. A for-profit organization. 4. "Severe forms of trafficking in persons," 'commercial sex act,'' and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 71021. Article V - Classified Security Condition A. "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the Subgrantee or a Subgrantee of the Subgrantee has not been approved for and has access to such information. C. Where a Subgrantee or a Subgrantee of the Subgrantee has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the Subgrantee, a Subgrantee of the Subgrantee, contractor, or other entity without prior written approval from the Subgrantor. D. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; E0s 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOIlv1); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.qovixobizagrants/index.shtm E. Immediately upon determination by the Subgranteee that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the Subgrantee shall contact the Subgrantor, for approval and processing instructions. Article VI - National Environmental Policy Act (NEPA) The Subgrantee shall comply with all applicable federal, state, and local environment and historic preservation (El-IF) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental justice (12898), Failure of the Subgrantee to meet federal, state, and lace{ EHP requirements and obtain applicable permits may jeopardize federal funding. Subgrantee shall not undertake any project having the potential to impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Subgrantee must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbance activities occur during project implementation, the Subgrantee must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the Subgrantee will immediately cease construction in that area and notify the Subgrantor. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in non- compliance finding. FISCAL NOTE (MISC. #11234) October 5, 2011 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE; DEPARTMENT OF HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2011 ACCEPTANCE 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 resolutions and finds: 1. Oakland County has been awarded grant funding by the State of Michigan in the amount of $51.656 for the development and maintenance of an emergency management program capable of protecting life, property and vital infrastructure in times of disaster or emergency with a 50% grant match and source in the amount of $25,828 for a total of $77,484 in funding for this program. 2. This is the 39th year of grant acceptance for this program. The County's portion of the grant match is comprised of in-kind support from the salary of the Manager of Homeland Security. 3. The FY 2011 total EMPG award funds a portion of salary and fringe benefits of the Homeland Security Manager's salary and fringe benefits, (position #09864). 4. The funding period is October 1,2010 through September 30, 2011. 5. No additional personnel are required. 6. Revenue and expenses from this agreement are included in the FY 2012 Budget. No budget amendment is required. FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Woodward, Potts and Quarles absent. Resolution #11234 October 5, 2011 Moved by Potts supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Potts, Quarles, Runestad, Scott, Weipert, Zack, Bosnic. (22) 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, 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 October 5, 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 5 th day of October, 2011. R,L12_0_ Bill Bullard Jr., Oakland County