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HomeMy WebLinkAboutResolutions - 2013.08.14 - 20948MISCELLANEOUS RESOLUTION #13214 August 14, 2013 By: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — 2011 MICHIGAN CITIZEN CORPS PROGRAM GRANT INTERLOCAL AGREEMENT ACCEPTANCE TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS funding was released under the U.S. Department of Homeland Security for the 2011 State of Michigan Citizen Corps Grant Program for funding for programs to increase domestic preparedness among members of the community, and \NHEREA' the State of Itylichigan has awarded a 2011 Citizen Corps Program (CCP) 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 2011CCP; 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 2011 Citizen Corp Grant Program; and WHEREAS funds are to be used for training, planning, educational outreach, exercise and equipment for the Citizen Corps Program Partners of Community Emergency Response Teams, Medical Reserve Corps, Neighborhood Watch, Volunteer in Police Service, and Fire Corps. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts and authorizes the 2011 Homeland Security Grant Program Citizens Corp Program Interlocal Funding Agreement Between Macomb County and Oakland County in an amount up to $16,501.00. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the Interlocal Agreement and 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 Interlocal Agreement 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 Motion carried unanimously on a roll call vote. GRANT REVIEW SIGN OFF HomelandnelaU -1-- ti GCLUILy GRANT NAME: FY 2011 Citizen Corps Grant Program (Intel-local Agreement with Macomb County) FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security Division Macomb County as fiduciary DEPARTMENT CONTACT PERSON: Sara Stoddard 248-858-5080 STATUS: Grant Acceptance DATE: July 22, 2013 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 place on the appropriate Board of Commissioners' committee(s) fot grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. - Laurie Van Pelt (7/14/2013) Department of Hunan Resources: Approved. - Karen Jones (7/1512013) Risk Managemeiit atid-Salety. Approved by Risk Management. -Robert Brlenbeek (7/12/2013) Corporation Counsel: After reviewing the above-referenced grani/interlocal agreement, I fonnd no legal issues that must be resolved_ Therefore, the interlocal agreement is approved. Please let me.know if you have any questions,- Jody S, Hall (7/18/2013) COMPLIANCE The grant agreement references a number of specific federal and/or state regulations and includes the following: FEMA - Uniform Administrative Requirements for Grants and Cooperative agreements with State -and-Local Governments -(44-CFR Part-13)- http://www.access.gpo.govinaralcfr/waisidx_06/44cfr13 06.11thal Cost Principles for State, Local and Indian Tribal Governments (OMB CIRCULAR A-87) (2 CFR Part 225) littn://www.access.po.gov/nara/cfr/waisidx_ 08/2c fr225_08. htinl Federal Office of Management and Budget (01VEB) Circular No. A-87, A402, and A-133 http://www.whitehouse.gov/omb/circulars/index.html Improper Payments Information Act (IPIA) of 2002 (Public Law 107-300) http://www.dol.gov/ocfolmedia/regs/IPIA.pdf Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18) http://www.access.gpo.gov/nara/cfr/waisidx_01/28cfr18_01.html Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) http://www.access.grpo.gov/nara/cfr/waisidx_04/28cfr22_94.html Criminal Intelligence Systems Operating Policies (28 CI R, Part 23) http://www.access.gpo.gov/nara/cfr/waisicix_04/28cfr23_04_html Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) http://w. ww.acce cfr/waisitharal 01/28cfr30_01.html Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) http://www.access.gpo.gov/uara/cfr/waisidx_01/28cfr35_01.html Equal Treatment for Faith Based Organizations (28 CFR Part 38) http://www.usdoj gov/ovw/docsia sgmemoreimplementati ono f28c frpart38.pdf Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) http://www.access.gpo.gov/nara/cfriwaisidx_01/28cfr42_01.html Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61) http://www.access.mo.gov/nara/cfr/waisidx 01 /28cfr61_01 .html Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) http://www . a cce ss gpo. gov/uara/cfrisvai sidx 01/28cfr63 01. html Title 2 — Grants and Agreements — Award Term (2 CFR. Part 175.15) http://edocket.acc s. a o ov/cfr 20081an • tr/• df/2cfrl 75.15 if National Historic Preservation Act of 1966 (16 U.S.C. 470) http://www.nps.gov/historv/local-law/nhpal 966.htm Executive Order 11593 — Protection and enhancement of the cultural environment http: //www. gsa. gov/P ortal/ gsaJep/c ontentV iew. do?contentType—G SA BASIC8z,c ontentId=12094 Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469) http://www .nns ,gov/history/local-1aw/FHPL ArchilistPres.pdf Omnibus Crime Control and Safe Streets Act of 1968 http://www.usdoi.gov/crt/split/42usc3789d.htm Victims of Crime Act (42 USC Section 10604) http://www.usdoj Juvenile Justice and Delinquency Prevention Act htto://oiidp.ncirs.orWabout/iidpa2002titlev.pdf Federal Civil Rights Act of 1964 http://www.usdoj.gov/crt/cor/index.htm Executive Order 13279 - Equal Protection of the Laws for Faith-based and Community Organizations http,- //www. whitehouse. o v/new skeleases/2002/12/20021212-6.htnil U.S. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 http://www.fhwa.dot.govirealestate/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.access.gpo.gov/naraJcfr/waisidxj4/28cfr69_04.htm1 Executive Order 12549 -Debarment and Suspension http://www.archives.gov/federal-register/codification/executive-order/12549 html Government-Wide Debarment and Suspension (28 CFR, Part 67) http://www.access ..gpo.gov/nara/cfr/waiSidx_04/28cfr67_04.html Drug-Free Workplace Act of 1988 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname-browse usc&docid---Cite:+411JSC701 Federal Office of Management and Budget (01VIB) Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement) (2 CFR, Part 180) http://www.access.gpo.gov/naraicfriwaisidx 08/2cfr180 08.html Trafficking Victims Protection Act of 2000, Section 106 http://www.state.gov/g/tip/rlsitiprpt/2007/86205.htm Executive Order 12958—Classified National Security Information http://frwebgate ..access.gpo.govicgi-bintgetdoc.cgi2dbnaraeL995,register&doeidfr20a095,135.pdf Endangered Species Act of 1473 http://www nmfs noaa.gov/prdaws/esa/ Executive Order 11988 - Floodplain management http://www.archives. gov/federal-regi ster/codification/ex ecutiv e-order/1198 8. html Executive Order 11990 - Protection of wetlands http://www.archives.govifederal-register/codificationlexecutive-order/11990.htmi Executive Order 12898 - Environmental Justice for Low Income and Minority Populations http://www.fema.gov/plan/ehp/ehplaws/ejeo.shtm MCI Lie IriMIL 101111 111101111 From: Sent: To: Cc: Subject Laurie VanPelt <vanpeltl@oalcgov.com > Sunday, July 14, 2013 6:42 PM West, Catherine Davis, Patricia; Jones, Karen; Secontine, Julie; Stoddard, Sara; Pisacreta, Antonio Re: GRANT REVIEW: Department of Health and Human Services - Homeland Security Division = FY 2011 Citizen Corps Grant Program IntPrIncnlAgrpprnpnt with Macomb County - Acceptance. Approved. Sent from my iPhone On Jul 11, 2013, at 4:06 PM, "West, Catherine" <westca@oakgov.com > wrote: GRANT REVIEW FORM TO: REVIEW DEPARTMENTS --Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Department of Health and Human Services — Homeland Security Division FY 2011 Citizen Corps Grant Program interlocal Agreement with Macomb County Michigan Department of State Police, Emergency Management and Homeland Security Division - Macomb County as fiduciary 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: July 22, 2013 GRANT INFORMATION Date: July 11, 2013 Operating Department: Homeland Security Division Department Contact: Sara Stoddard Contact Phone: 858-5080 Document Identification Number: Grant # EMW 2011-SS-00103 (interlocal Agreement) REVIEW STATUS: Acceptance — Resolution Required Funding Period: September 1, 2011 — May 30, 2014 New Facility/Additional Office Space Needs: N/A IT Resources (New Computer Hardware / Software Needs or Purchases): N/A WWBE Requirements: Yes, Compliance with OMB Circular A-102 Funding Continuation/New: Continuation Application Total Project Amount: $16,501 1 Katie West From: Sent: To: Cc: Subject Jones, Karen lonesk@oakgov.com > Monday, July 15, 2013 10:30 AM 'West, Catherine'; 'Davis, Patricia'; 'Secontine, Julie '; 'VanPelt, Laurie' 'Stoddard, Sara'; 'Pisacreta, Antonio' RE: GRANT REVIEW: Department of Health and Human Services - Homeland Security Division - FY 2011 Citizen Corps Grant Program Interlocal Agreement with Macomb County - Acceptance Approved. From: West, Catherine imailto:westcaftakciov.corril Sent: Thursday, July 11, 2013 4:06 PM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Cc: Stoddard, Sara; Pisacreta, Antonio Subject GRANT REVIEW: Department of Health and Human Services - Homeland Security Division - FY 2011 Citizen Corps Grant Program Interlocal Agreement with Macomb County - Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS —Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESP-ONSE — Department of Health and Human Services — Homeland Security Division FY 2011 Citizen Corps Grant Program Interlocal Agreement with Macomb County Michigan Department of State Police, Emergency Management and Homeland Security Division - Macomb County as fiduciary 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: July 22, 2013 GRANT INFORMATION Date:_ July 11,_21113_ Operating Department: Homeland Security Division Department Contact: Sara Stoddard Contact Phone: 858-5080 Document Identification Number: Grant # EMW 2011-55-00103 (Interlocal Agreement) REVIEW STATUS: Acceptance — Resolution Required Funding Period: September 1, 2011— May 30, 2014 New Facility / Additional Office Space Needs: N/A IT Resources (New Computer Hardware / Software Needs or Purchases): N/A Katie West From: Sent: To: Cc Subject: Erlenbeck, Robert <erlenbeckr@oakgov.com > Friday, July 12, 2013 3:27 PM 'West, Catherine'; 'Davis, Patricia'; 'Jones, Karen'; 'Secontine, Julie'; VanPelt, Laurie' 'Stoddard, Sara'; 'Pisacreta, Antonio' RE: GRANT REVIEW: Department of Health and Human Services - Homeland Security Division - FY 2011 Citizen Corps Grant Program Interlocal Agreement with Macomb County - Acceptance Approved by Risk Management. 7/12/13. RE. From: Sandy Johnson [mailto:JohnsonS@oakgov.com] Sent: Thursday, July 11, 2013 4:52 PM To; 'West, Catherine'; Davis, Patricia'; 'Jones, Karen'; 'Secontine, Julie '; 'VanPelt, Laurie' Cc: 'Stoddard, Sara'; 'Pisacreta, Antonio' Subject: RE: GRANT REVIEW: Department of Health and Human Services - Homeland Security Division - FY 2011 Citizen Corps Grant Program Interlocal Agreement with Macomb County - Acceptance Please be advised that your request for Risk Management's assistance has been assigned to Bob Erlenbeck (ext. 8- 1694). If you have not done so already, please forward all related and future information, documentation, and correspondence to Terri Easterling and Sandy Johnson. Also, please include Risk Management's assignment number RM13-0248 regarding this matter. Thank you. From: West, Catherine [mailto:westca@oaktgov.com -1 Sent: Thursday, July 11, 20134:06 PM To: Davis, Patricia; Jones, Karen; Secontine, Julie ; VanPelt, Laurie Cc; Stoddard, Sara; Pisacreta, Antonio Subject: GRANT REVIEW: Department of Health and Human Services - Homeland Security Division - FY 2011 Citizen Corps Grant Program Interlocal Agreement with Macomb County - Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS —Laurie Van Pelt Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Department of Health and Human Services — Homeland Security Division FY 2011 Citizen Corps Grant Program Intel-local Agreement with Macomb County Michigan Department of State Police, Emergency Management and Homeland Security Division - Macomb County as fiduciary 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. 1 Katie West w-lt, From: Sent: To: Subject: Hall, Jody <halljs@oakgov.com > Thursday, July 18, 2013 2:13 PM 'West Catherine'; 'Jones, Karen'; 'Secontine, Julie '; 'Laurie Van Pelt'; 'Erlenbeck, Robert'; 'Stoddard, Sara'; 'Pisacreta, Antonio' Grant Review: Department of Health and Human Services - Homeland Security Division - FY 2011 Citizens Corp Grant Program with Macomb County - Acceptance Good Afternoon All: After reviewing the above-referenced grant/interlocal agreement, I found no legal issues that must be resolved. Therefore, the interlocal agreement is approved. Please let me know if you have any questions. Jody © Jody S.Hall, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3 Floor Pontiac, Ml 48341 Phone Number: (248) 858-0555 Fax Number: (248) 858-1003 E=mail:-halli-s(@.oakgov.corri 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 b y t h e a t t o r n e y - 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 o r u n a u t h o r i z e d review of this information by persons other than those listed above may constitute a waiver of this privilege and is theref o r e p r o h i b i t e d . If you have received this message in error, please notify the sender immediately. If you have any questions, please con t a c t t h e Departmenrof Corporation Counsel at (248) 858-0550. Thank you for your cooperation. 1 2011 HOMELAND SECURITY GRANT PROGRAM CITIZEN CORPS PROGRAM INTERLOCAL FUNDING AGREEMENT BETWEEN MACOMB COUNTY AND OAKLAND COUNTY This Interlocal Funding Agreement ("the Agreement") is made between Macomb County, Michigan ivlunicipal 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 — Citizen Corps Program (HSGP-CCP)fands 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 the Region 2 Planning Board at its June 20, 2012 meeting. Macomb County accepted the position of Fiduciary and as a result entered into the 2011 Homeland Security Grant Program Citizen Corps Program Grant 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 Willis 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 Pagel 2011 Homeland Security Grant Program CCP Funding Agreement — 02212013 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. 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 — Citizen Corps Program ("Grant Program") means the grant program described and explained in Exhibit B which began September 1, 2011 and ends May 30, 2014. The purpose of the Grant Program is to engage and actively involve all citizens in hometown security through personal preparedness, training, exercises and volunteer service, and to provide a structured opportunity for citizens to augment local emergency response activities. 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 — Citizen Corps Program Grant 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. Page 2 2011 Homeland Security Grant Program CCP Funding Agreement — 02212013 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 alignment and allowability forms to the State for review and approval, which have been approved by the Region 2 Planning Board and which the Political Subdivision has submitted to the Fiduciary. 3.4. The Fiduciary shall reimburse the Political Subdivision, for the equipment, services and/or personnel costs as set forth in the alignment and allowability 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 Director of Emergency Management & Communications or 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 shall determine if the reimbursement forms are properly executed. 3.5. 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. 3.6. 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. 3.7, 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 CCP Grant Program in an amount not to exceed $16,501.00. 4.2. The Political Subdivision shall prepare all alignment and allowability 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 alignment and allowability forms to the Fiduciary. The Fiduciary will forward the forms to the State for review and approval. 4.3. The Political Subdivision shall use the equipment, purchased with CCP Grant Program funds, and all CCP Grant Program funds in accordance with the 2011 Homeland Security Grant Program Guidance. Page 3 2011 Homeland Security Grant Program CCP Funding Agreement — 02212013 4.4. The Political Subdivision shall keep the Fiduciary informed of the location of the equipment, purchased with CCP 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. 4.5. The Political Subdivision shall list the dollar amount provided by the Fiduciary pursuant to Section 3.6 on the Political Subdivision's Schedule of Expenditures of Federal Awards. 4.6. 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. 4.7. The Political Subdivision shall make the equipment available to the Fiduciary, the State and Federal Auditors upon request. 4.8. The Political Subdivision is required to comply with National Incident Management System (NIMS) requirements to be eligible to receive federal preparedness funds. 4.9. The Political Subdivision is required to 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. 4.10. The Political Subdivision is required to integrate individuals with disabilities into emergency planning in compliance with Executive Order 13347 and the Rehabilitation Act of 1973. 4.11. The Political Subdivision is required to comply with the 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 Page 4 2011 Homeland Security Grant Program CCP Funding Agreement — 02212013 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; 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; 5.4. Establish sub-committees to carry out its work; 5.5. Advocate for, monitor, and actively engage in the implementation of the Regional Homeland Security Strategy; and 5.6. Review and approve all alignment and allowability forms for the expenditure of Grant Program funds that are submitted. 5.7. Ensure that all alignment and allowability forms/grant projects directly support one of the FEMA-approved investments included in Michigan's FY 2011 HSGP Investment Justification. 5.8. Ensure the Subgrantee, in its role as regional fiduciary, is fully apprised of all projects approved by the Region 2 Homeland Security Planning Board. 5.9. 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. Page 5 2011 Homeland Security Grant Program CCP Funding Agreement —02212013 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. 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, teinis, 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. Page 6 2011 Homeland Security Grant Program CCP Funding Agreement — 02212013 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. 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. Page 7 2011 Homeland Security Grant Program CCP Funding Agreement — 02212013 IN WITNESS WHEREOF, EXECUTED: DATE: Mark Deldin, Deputy County Executive Macomb County Executive Office WITNESSED: Political Subdivision: Oakland County EXECUTED: DATE: DATE: Michael J. Gingell, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Page 8 2011 Homeland Security Grant Program CCP Funding Agreement — 02212013 SUBGRANTEE CHECK ST FY 2011 HOMELAND SECURITY GRANT PROGRAM CITIZEN CORPS PROGRAM (HSGP-CC GRANT AGREEMENT 1,2011 to May -30 ; N 01 I v. EHP eral fon , :rd vj &c: An'r, Ai. in a par—Gcn-rm::„.-vi“-„r„: V. One. C.7:ver Shec:t ndr ft-.-;rtns must 5cyttt.ton ;Ind inCtt ftn-rcts rmist nui ,..epe!y a copy ot. this rcn tner., r - supotrIt..: state ire local furid.:-.; WH ee-o. Sheet is ot the e o Utht. gr V!. ".7 - er)01-: , ' :••••••n .^r,flret, Cove' Rru% - Title , CO*.T11-..:V. Vtfl in.: c:EF,!•,',..F.11C.ATIONS REGARDING LOBBYING DEBARMENT, SUSPNSION. AND OTHER REiSfq)NSIEi.,,II"Y MATTERS; AND DRUG-EREE WORKPL.ACI:= REQUIREMENTs 1 r1c,:•,:•;e AwfMILHE'. c. FREE W-ORKI=1-0=M:E. ARE Fr 1r10 .,8 R PArt 6?: Se. of !.r,r-: grant. N ;,-v,on. DC :21L ntift Request for Tax payet -7tion Certitic_atior, • a•;,•••,,u P••n:)...,rtrai•r,,• ;xpay-or ldrti :iurnber (T g;611 &loai 5eCUtly • 11.tificati:Din Fed c rar Aud i STATE OF WH!CN D T CER ICATIO Request for Taxpayer Identification Numbec- and Certific; F..c.:111t0 130 7,-4 no y , „. . Main • ::;;;;.•'. Cr:rmr,;i; prmnily L'ar - T4Ns u ct ns sy: S CON1p;iny LLC U pcia Vi) irltoNnation Pena i',=,11.4•,, tr.) fu7 ,:.A1 iRev Page 4 Dim El.. Brads reet Data Universal Jurnberi Ii113231 t '"' Record Form .1‘`kc.0:11b 10 N. Main, 12th Floor Mt. Clemens 48043 3 ACipi tibgrantees ar 2011 ilon-;elanr. C5ant Program , FISCAL NOTE (MISC. #13214) August 14, 2013 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES — HOMELAND SECURITY DIVISION — 2011 MICHIGAN CITIZEN CORPS PROGRAM 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 finds: 1. The State of Michigan has awarded Citizen Corps Program Grant funds to Region 2 of the State, which includes the following local governmental units: Macomb County, Monroe County, Oakland County, St. Clair County, Washtenaw County, Wayne County, and the City of Detroit. 2. Funding will go towards programs to increase domestic preparedness among members of the community and will be used for training, planning, educational outreach, exercise and equipment for the Citizen Corps Program Partners of Community Emergency Response Teams, Medical Reserve Corps, Neighborhood Watch, Volunteer in Police Service, and Fire Corps. 3. Macomb County has been appointed by the Region 2 Planning Board as fiduciary and subgrantee for the 2011 Michigan Citizen Corps Program Grant. 4. The Resolution authorizes entering into an agreement with Macomb County for the purpose of passing through 2011 Michigan Citizen Corps Program Grant funds in the amount of $16,501 to Oakland County. 5. The grant period for the 2011 Michigan Citizen Corps Program Grant is September 1, 2011 through May 30, 2014. 6. Revenue and expenses from this agreement are included in the budget as approved per M.R. #12012. No budget amendment is required. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roil call vote. Resolution #13214 August 14, 2013 Moved by Dwyer supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Dwyer. (19) 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). HEREBY API F' !!'"' THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE f13 PURSUANT TO MCL 45.559A (7) 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 August 14, 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 14 th day of August, 2013. Lisa Brown, Oakland County