HomeMy WebLinkAboutResolutions - 2013.02.07 - 20690MISCELLANEOUS RESOLUTION #13008 January 23, 2013
By: General Government Committee, Christine Long, Chairperson
IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — 2010, 2011 & 2012 FEMA
STATE HOMELAND SECURITY GRANT INTERLOCAL AGREEMENT ACCEPTANCE
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, 2011 & 2012 Homeland Security
Grant Program (HSGP); and
WHEREAS the State of Michigan has awarded a 2010, 2011 & 2012 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 Macomb County was voted and approved to act as the Fiduciary Agent and Subgrantee for the
Region 2 Homeland Security Planning Board for the FY 2010, 2011 & 2012 HSGP; and
WHEREAS the Macomb County has entered into a grant agreement with the State of Michigan as the
subgrantee; and
WHEREAS Oakland County Corporation Counsel has reviewed and approved the attached Interlocal
Agreement between Macomb County and Oakland County to be used for the 2010, 2011 & 2012 Homeland
Security Grant Program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached Interlocal Agreements and authorizes its Chairperson to execute such Agreements and all other related
documents between Macomb County and Oakland County.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote.
2010 HOMELAND SECURITY GRANT PROGRAM
INTERLOCAL FUNDING AGREEMENT
BETWEEN
MACOMB COUNTY
AND
OAKLAND COUNTY
This Interlocal Funding Agreement ("the Agreement") is made between Macomb County, Michigan
Municipal Corporation, 21930 Dunham Rd., Mt. Clemens, MI 48043 ("Fiduciary"), and Oakland
County, 1200 North Telegraph, Pontiac, MI 48341 ("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, usc, 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.
Macomb County, Michigan was elected and appointed Fiduciary for the 2010 Homeland Security Grant
Program by Region 2 Planning Board at its June 20, 2012 meeting.
Macomb 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.
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2010 Homeland Security Grant Program Funding Agreement — 10152012
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 Macomb County, a Michigan Municipal 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 Oakland County, 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 June 20,
2012; 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.
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2010 Homeland Security Grant Program Funding Agreement - 10152012
4.4. All 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
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.
4.10. The Political Subdivision is required to comply with National Incident Management System
(NIMS) requirements to be eligible to receive federal preparedness funds.
4.11. Comply with applicable financial and administrative requirements set forth in the current
edition of 44CFR, Part 13, including, but not limited to the following provisions:
a. Account for receipts and expenditures; maintain adequate financial records and refund
expenditures disallowed by federal or state audit.
b. Retain all financial records, statistical records, supporting documents, and other pertinent
materials for at least three years after the grant is closed by the awarding federal agency
for purposes of federal and/or state examination and audit.
c. 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
Government and Non-Profit Organizations", as further described in 44CFR, Part 13.
4.12. Integrate individuals with disabilities into emergency planning in compliance with Executive
Order 13347 and the Rehabilitation Act of 1973.
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2010 Homeland Security Grant Program Funding Agreement — 10152012
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 the Manager of Oakland
County Homeland Security/"Emergency Management Coordinator" 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 $0.00 in SHSP funding source and $848,949.76 in UASI
funding source. These amounts do 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.
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2010 Homeland Security Grant Program Funding Agreement — 10152012
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.
5.8. Ensure that all grant projects are aligned to the appropriate FY 2010 HSGP Investment and
Homeland Security Strategy. Projects to be funded by SHSP must align to one of Michigan's
FY 2010 SHSP Investments and the State of Michigan Homeland Security Strategy. Projects
to be funded by UASI must align to a FY 2010 UASI Investment and the LIASI Homeland
Security Strategy. Project documentation will include an explanation of how each project
benefits Region 2.
5.9. Ensure the Subgrantee, in its role as regional fiduciary, is fully apprised of all projects
approved by the Region 2 Homeland Security Planning Board.
5.10. Develop and implement a stand-alone Southeast Michigan Urban Area Security Initiative
(SEMI UAS1) Multi-Year Training and Exercise Plan or provide evidence of the SEMI
UASI's adoption and utilization of the state's Multi-Year Training and Exercise Plan.
6. DURATION OF INTERLOCAL AGREEMENT.
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 he entered in the official minutes of the governing bodies of
each Party.
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2010 Homeland Security Grant Program Funding Agreement — 10152012
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.
7.3. 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 terms 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 tei minated
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 THIRD 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.
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.
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2010 Homeland Security Grant Program Funding Agreement — 10152012
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: Macomb County Office of
Emergency Management and Communications, 21930 Dunham Rd., Mt. Clemens, MI
48043.
17.2. If Notice is sent to the Political Subdivision, it shall be addressed to: Oakland County Board
of Commissioners. 1200 North Telegraph Road, Pontiac, Michigan 48341 and Oakland
County Homeland Security Manager, 1200 North Telegraph Road Building 47 West,
Pontiac, Michigan 48341.
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.
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2010 Homeland Security Grant Program Funding Agreement — 10152012
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
EXECUTED: DATE:
Mark Deldin, Deputy County Executive
Macomb County Executive Office
WITNESSED: DATE:
Political Subdivision: Oakland County
EXECUTED: DATE:
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
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2010 Homeland Security Grant Program Funding Agreement — 10152012
2011 HOMELAND SECURITY GRANT PROGRAM
INTERLOCAL FUNDING AGREEMENT
BETWEEN
MACOMB COUNTY
AND
OAKLAND COUNTY
sA.74,74-;44111111re l
This Interlocal Funding Agreement ("the Agreement") is made between Macomb County, Michigan
Municipal Corporation, 21930 Dunham Rd., Mt. Clemens, MI 48043 ("Fiduciary"), and Oakland
County, 1200 North Telegraph, Pontiac, MI 48341 ("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 2011 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.
Macomb County, Michigan was elected and appointed Fiduciary for the 2011 Homeland Security Grant
Program by Region 2 Planning Board at its June 20, 2011 meeting.
Macomb County accepted the position of Fiduciary and as a result entered into the 2011 Homeland
Security Grant Program Agreement with the State of Michigan and became the Suhgrantee for the Grant
Program.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. 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 n.onpossessive,
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, hut 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.
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2011 Homeland Security Grant Program Funding Agreement — 10152012
1.1.
1.3.1j2L-Icr means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.4. Fiduciary means Macomb County, a Michigan Municipal 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 Oakland County, 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. 2011 Homeland Security Grant Program ("Grant Program") means the grant program
described and explained in Exhibit B which began September I. 2011 and ends May 30,
2014. 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 June 20
2012; re: 2011 Homeland Security Grant Program Fiduciary;
2.2. Exhibit B — 2011 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 2011 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.
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2011 Homeland Security Grant Program Funding Agreement — 10152012
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 the Manager of Oakland
County Homeland Security/"Emergency Management Coordinator" 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 $69,303.00 in SHSP funding source and $965,732.00 in
UASI funding source. These amounts do 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. All 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 November
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2011 Homeland Security Grant Program Funding Agreement — 10152012
30, 2013 grant funds which are not encumbered or which do not have reimbursement
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 2011 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 info!' n
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.
4.10. The Political Subdivision is required to comply with National incident Management System
(NIMS) requirements to be eligible to receive federal preparedness funds.
4.11. Comply with applicable financial and administrative requirements set forth in the current
edition of 44CFR, Part 13, including, but not limited to the following provisions:
a. Account for receipts and expenditures; maintain adequate financial records and refund
expenditures disallowed by federal or state audit.
b. Retain all financial records, statistical records, supporting documents, and other pertinent
materials for at least three years after the grant is closed by the awarding federal agency
for purposes of federal and/or state examination and audit.
c. 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
Government and Non-Profit Organizations", as further described in 44CFR. Part 13.
4.12. Integrate individuals with disabilities into emergency planning in compliance with Executive
Order 13347 and the Rehabilitation Act of 1973.
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2011 Homeland Security Grant Program Funding Agreement — 10152012
4.13 Environmental and Historic Preservation Compliance: The federal government is required by
the National Environmental Policy Act (NEPA) of 1969 to consider the potential impacts to
the human and natural environment of projects proposed for federal funding. The
Environmental and Historic Preservation (EHP) program engages in a review process to
ensure that federally-funded activities comply with various federal laws. The goal of these
compliance requirements is to protect our nation's water, air, coastal, wildlife, agricultural
historical and cultural resources, as well as to minimize potential adverse effects to children
and low-income and minority populations. The Political Subdivision shall not undertake any
project having the potential to impact EHP resources without prior approval. Any activities
that have been initiated without the necessary EHP review and approval will result in a non-
compliance finding and will not be eligible for federal funding.
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.
5.8. Ensure that all grant projects are aligned to the appropriate FY 2011 HSGP Investment and
Homeland Security Strategy. Projects to be funded by SHSP must align to one of Michigan's
FY 2011 SHSP Investments and the State of Michigan Homeland Security Strategy. Projects
to be funded by UASI must align to a FY 2011 UAS1 Investment and the UASI Homeland
Security Strategy. Project documentation will include an explanation of how each project
benefits Region 2.
5.9. Ensure the Subgrantee, in its role as regional fiduciary, is fully apprised of all projects
approved by the Region 2 Homeland Security Planning Board.
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2011 Homeland Security Grant Program Funding Agreement — 10152012
5.10. Develop and implement a stand-alone Southeast Michigan Urban Area Security Initiative
(SEMI UASI) Multi-Year Training and Exercise Plan or provide evidence of the SEMI
UASI's adoption and utilization of the state's Multi-Year Training and Exercise Plan.
6. DURATION OF INTERLOCAL AGREEMENT.
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.
7.3. 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 terms 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 2011 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.
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2011 Homeland Security Grant Program Funding Agreement — 10152012
9. NO THIRD 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.
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 temis, 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.
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2011 Homeland Security Grant Program Funding Agreement — 10152012
17.1. If Notice is sent to the Fiduciary, it shall be addressed and sent to: Macomb County Office of
Emergency Management and Communications, 21930 Dunham Rd., Mt. Clemens, MI
48043.
17.2. If Notice is sent to the Political Subdivision, it shall be addressed to: Oakland County Board
of Commissioners, 1200 North Telegraph Road, Pontiac, Michigan 48341 and Oakland
County Homeland Security Manager, 1200 North Telegraph Road Building 47 West,
Pontiac, Michigan 48341.
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,
EXECUTED: DATE:
Mark Deldin, Deputy County Executive
Macomb County Executive Office
WITNESSED: DATE:
Political Subdivision: Oakland County
EXECUTED: DATE:
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
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2011 Homeland Security Grant Program Funding Agreement - 10152012
2012 HOMELAND SECURITY GRANT PROGRAM
INTERLOCAL FUNDING AGREEMENT
BETWEEN
MA COMB COUNTY
AND
OAKLAND COUNTY
This Interlocal Funding Agreement ("the Agreement") is made between Macomb County, Michigan
Municipal Corporation, 1 S. Main., Mt. Clemens, MI 48043 ("Fiduciary"), and Oakland County, 1200
North Telegraph, Pontiac, MI 48341 ("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 2012 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.
Macomb County, Michigan was elected and appointed Fiduciary for the 2012 Homeland Security Grant
Program by Region 2 Planning Board at its April 18, 2012 meeting.
Macomb County accepted the position of Fiduciary and as a result entered into the 2012 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:
1. 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.
1.1. 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.
1.3. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
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2012 Homeland Security Grant Program Funding Agreement — 10152012
1.4. Fiduciary means Macomb County, a Michigan Municipal 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 Oakland County, 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. 2012 Homeland Security Grant Program ("Grant Program") means the grant program
described and explained in Exhibit B which began September 1, 2012 and ends May 31,
2014. 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 18,
2012; re: 2012 Homeland Security Grant Program Fiduciary;
2.2. Exhibit B — 2012 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 2012 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.
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2012 Homeland Security Grant Program Funding Agreement — 10152012
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 Emergency Management
representative/designee shall execute the forms on behalf of the Fiduciary and the Manager
of Oakland County Homeland Security/"Emergency Management Coordinator" shall execute
the forms on behalf of the Political Subdivision. The Fiduciary in its sole discretion shalt
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 bought the equipment or who it 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 $35,281.00 in SHSP funding source and $535,528.00 in
UASI funding source. These amounts do 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. All 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 November
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2912 Homeland Security Grant Program Funding Agreement — 10152012
30, 2013. Grant funds which are not encumbered or which do not have reimbursement
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 2012 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 shalt 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.
4.10. The Political Subdivision is required to comply with National incident Management System
(NIMS) requirements to be eligible to receive federal preparedness funds.
4.11. Comply with applicable financial and administrative requirements set forth in the current
edition of 44CFR, Part 13, including, but not limited to the following provisions:
a. Account for receipts and expenditures; maintain adequate financial records and refund
expenditures disallowed by federal or state audit.
b. Retain all financial records, statistical records, supporting documents, and other pertinent
materials for at least three years after the grant is closed by the awarding federal agency
for purposes of federal and/or state examination and audit.
c. 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
Government and Non-Profit Organizations", as further described in 44CFR, Part 13.
4.12. Integrate individuals with disabilities into emergency planning in compliance with Executive
Order 13347 and the Rehabilitation Act of 1973.
4.13 Environmental and Historic Preservation Compliance: The federal government is required to
consider the potential impacts to the human and natural environment of projects proposed for
Page 4
2012 Homeland Security Grant Program Funding Agreement — 10152012
federal funding. The Environmental and Historic Preservation (EHP) program engages in a
review process to ensure that federally-funded activities comply with various federal laws.
The goal of these compliance requirements is to protect our nation's water, air, coastal,
wildlife, agricultural and low-income and minority populations. The Political Subdivision
shall not undertake any project having the potential to impact EFIP resources without prior
approval. Any activities that have been initiated without the necessary EHP review and
approval will result in a non-compliance finding and will not be eligible for federal funding.
4.14 If the Political Subdivision uses grant funds for construction projects, the Political Subdivision
must comply with the Davis-Bacon Act (40 U.S.C. 3141 et seq). The Political Subdivision
must ensure that contractors or subcontractors for construction projects pay workers employed
directly at the work-site no less than the prevailing wages and fringe benefits paid on projects
of a similar character. Additional information, including Department of Labor wage
determinations is located at: .://www.dol.v/crx
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.
5.8. Ensure that all grant projects are aligned to the appropriate FY 2012 HSGP Investment and
Homeland Security Strategy. Projects to be funded by SHSP must align to one of Michigan's
FY 2012 SHSP Investments and the State of Michigan Homeland Security Strategy. Projects
to be funded by UASI must align to a FY 2012 UASI Investment and the UASI Homeland
Security Strategy. Project documentation will include an explanation of how each project
benefits Region 2.
5.9. Ensure the Subgrantee, in its role as regional fiduciary, is fully apprised of all projects
approved by the Region 2 Homeland Security Planning Board.
Page 5
2012 Homeland Security Grant Program Funding Agreement - 10152012
5.10. Develop and implement a stand-alone Southeast Michigan Urban Area Security Initiative
(SEMI UASI) Multi-Year Training and Exercise Plan or provide evidence of the SEMI
UASI's adoption and utilization of the state's Multi-Year Training and Exercise Plan.
6. DURATION OF INTERLOCAL AGREEMENT.
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.
7.3. 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 terms 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 2012 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
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2012 Homeland Security Grant Program Funding Agreement — 10152012
Ownership Agreements for all equipment ordered by the Fiduciary prior to the date of termination
and/or cancellation.
9. NO THIRD 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.
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
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2012 Homeland Security Grant Program Funding Agreement — 10152012
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: Macomb County Office of
Emergency Management and Communications, 21930 Dunham Rd., Mt. Clemens, M1
48043.
17.2. If Notice is sent to the Political Subdivision, it shall be addressed to: Oakland County Board
of Commissioners, 1200 North Telegraph Road, Pontiac, Michigan 48341 and Oakland
County Homeland Security Manager, 1200 North Telegraph Road Building 47 West,
Pontiac, Michigan 48341.
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,
EXECUTED: DATE:
Mark Deldin, Deputy County Executive
Macomb County Executive Office
WITNESSED: DATE:
Political Subdivision: Oakland County
EXECUTED: DATE:
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
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2012 Homeland Security Grant Program Funding Agreement — 10152012
Resolution #13008 January 23, 2013
The Chairperson referred the resolution to the Finance Committee. There were no objections.
0 570,809 570,809
0 $ 570,809 $ 570,809
10,809 10,809
560,000 560,000
$ 570,809 $ 570,809
FISCAL NOTE (MISC. #13008) February 7, 2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION —2010, 2011 & 2012 FEMA STATE
HOMELAND SECURITY GRANT INTERLOCAL AGREEMENT 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 resolution, and
1. The Michigan Department of State Police, Emergency Management and Homeland Security Division has
awarded Homeland Security Grant Program funding to Region 2 of the State, which includes, but is not
limited to the following political subdivisions: City of Detroit along with the Counties of Macomb, Monroe,
Oakland, St Clair, Washtenaw, and Wayne.
2. The program provides funds to build capabilities to prevent, respond to, and recover from acts of domestic
and foreign terrorism, to address National Priorities and Target Capabilities as they relate to terrorism, and
support the implementation of the National Preparedness Goal, National Incident Management System,
and National Response Framework.
3. Macomb County has been appointed by the Region 2 Planning Board as fiduciary and subgrantee for the
2010, 2011 and 2012 Homeland Security Grant Program (HSGP).
4. The Resolution authorizes entering into an agreement with Macomb County for the purpose of passing
through 2010, 2011 and 2012 HSGP funds to Oakland County.
5. Oakland County is entitled to reimbursement of allowable expenses for the 2010 Grant Program in an
amount not to exceed $848,949.76 in Urban Area Security Initiative (UASI) funding (no State Homeland
Security Program (SHSP) funding).
6. Oakland County is entitled to reimbursement of allowable expenses for the 2011 Grant Program in an
amount not to exceed $69,303,00 in SHSP funding and $965,732.00 in UASI funding,
7. Oakland County is entitled to reimbursement of allowable expenses for the 2012 Grant Program in an
amount not to exceed $35,281.00 in SHSP funding and $535,528.00 in UASI funding.
8. These amounts do not include Grant Program funds allocated to the Region 2 Designated Funding
Allocation.
9. The grant period for the 2012 HSGP is September 1, 2012 through May 31, 2014.
10. The future level of service, including personnel, will be contingent upon the level of funding available from
the State.
11. The 2010 and 2011 amounts are included in the budget. The 2012 HSGP addresses the use of new Grant
Program funds.
12. The FY 2013 Special Revenue Budget is amended as follows to reflect the 2012 HSGP award:
DOMESTIC PREPAREDNESS EQUIPMENT (Fund 29340)
Budget Reference 2013 / GR0000000629
FY 2013 FY2013 FY 2013
Adopted Adjustment Amended Budget
finds: finds:
Revenues
1060601-115125-610313 Federal Operating Grants
Total Revenues
Expenses
1060601-115125-750567 Training
1060601-115125-760126 Miscellaneous
Total Expenses
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long and Quarles absent.
A
// 1-//)
Resolution #13008 February 7, 2013
Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted.
AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
I HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 February 7,
2013, 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 7 th day of February, 2013.
Lisa Brown, Oakland County