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HomeMy WebLinkAboutResolutions - 2013.10.17 - 21075MISCELLANEOUS RESOLUTION #13271 October 17, 2013 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2013 ACCEPTANCE To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan has awarded Oakland County grant funding in the amount of $54,890 for the period of October 1, 2012 through September 30, 2013; and WHEREAS the Homeland Security Division was notified of available grant funding via a letter dated September 4, 2013, as attached; and WHEREAS this is the 41th year of grant acceptance for this program; and WHEREAS the purpose of the program is to encourage the development and comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the states and local governments; and WHEREAS the grant represents a reimbursement for a portion of salaries and is a pass- through of Federal funds and requires a 50% match in the amount of $54,890; and WHEREAS the EMPG grant in FY2012 was $53,860 which is an increase of $1,030.00 in FY2013; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and is subject to the approval of the Department of Corporation Counsel and the Board of Commissioners Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from the State of Michigan in the amount of $54,890 for Fiscal Year 2013 with a 50% match from the County in the amount of $54,890 for total funding of $109,780. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to continue to fund any special revenue positions if/when the grant expires. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote. GRANT REVIEW SIGN OFF - Homeland Security Division GRANT NAME: 2013 Emergency Management Performance Grant (EMPG) FUNDING AGENCY: Michigan Department of State Police, Emergency Management and Homeland Security Division DEPARTMENT CONTACT PERSON: Ted Quisenberry 248 452-9578 STATUS: Grant Acceptance DATE: September 30, 2013 Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. - Laurie Van Pelt (9/23/2013) Department of Human Resources: Approved. - Karen Jones (9/30/2013) Risk Management and Safety: Approved by Risk Management. - Robert Erlenbeck (9/23/2013) Corporation Counsel: I see no legal issue with the language in this grant. Approved. - Bradley G. Benn (9/30/2013) COMPLIANCE The grant agreement references an extensive number of federal and state regulations. Please refer to the agreement for specifically cited compliance requirements for this grant. Katie West From: VanPelt, Laurie <vanpeltl@oakgov.com> Sent: Monday, September 23, 2013 9:20 AM To: 'West, Catherine'; 'Julie Secontine'; 'Karen Jones'; 'Pat Davis' Cc: quisenberryt@oakgov.com; 'Stoddard, Sara'; 'Pisacreta, Antonio'; 'Metrick, Tammy' Subject: RE: GRANT REVIEW; Health & Human Services, Homeland Security - 2013 Emergency Management Performance Grant (EMPG) Grant Agreement - Acceptance Approved. From: West, Catherine fmailto:westca@oakaov.coml Sent: Monday, September 23, 2013 9:17 AM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: quisenberrvt@oakaov,com; Stoddard, Sara; Pisacreta, Antonio; Metrick, Tammy Subject: GRANT REVIEW: Health & Human Services, Homeland Security - 2013 Emergency Management Performance Grant (EMPG) Grant Agreement - Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Karen Jones - Julie Secontine - Pat Davis RE; GRANT CONTRACT REVIEW RESPONSE - Health & Human Services, Homeland Security 2013 Emergency Management Performance Grant (EMPG) Grant Agreement 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 ail) of this email. Time Frame for Returned Comments: September 30, 2013 GRANT INFORMATION Date: September 23, 2013 Operating Department: Homeland Security Department Contact: Ted Quisenberry Contact Phone: 248-452-9578 Document Identification Number: CFDA Number: 97.042 REVIEW STATUS: Acceptance - Resolution Required Funding Period: October 1, 2012 to September 30, 2013 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None MWDBE Requirements: Yes - Federal Pass-through; compliance with common rule and OMB circular A-102 Funding Continuation/New: Funding Continuation Application Total Project Amount: $54,890.00 i Katie West From: Sent: To: Subject: Jones, Karen <jonesk@oakgov.com> Monday, September 30, 2013 4:16 PM 'West, Catherine' RE: GRANT REVIEW: Health & Human Services, Homeiand Security - 2013 Emergency Management Performance Grant (EMPG) Grant Agreement - Acceptance Approved. From: West, Catherine fmailto:westca@oakaov.coml Sent: Monday, September 30, 2013 4:15 PM To: Karen JonesSubject: FW: GRANT REVIEW: Health & Human Services, Homeland Security - 2013 Emergency Management Performance Grant (EMPG) Grant Agreement - Acceptance Hi Karen, Did you send approval for this review? Thank you, Katie From: West, Catherine fmailtQ:westca(a)oakaQV.coml Sent: Monday, September 23, 2013 9:17 AM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: quisenberrvt@oakQov.com: Stoddard, Sara; Pisacreta, Antonio; Metrick, Tammy Subject: GRANT REVIEW: Health & Human Services, Homeland Security - 2013 Emergency Management Performance Grant (EMPG) Grant Agreement - Acceptance TO: REVIEW DEPARTMENTS - Laurie Van Pelt-Karen Jones-Julie Secontine - Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE - Health & Human Services, Homeland Security 2013 Emergency Management Performance Grant (EMPG) Grant Agreement Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: September 30, 2013 GRANT REVIEW FORM GRANT INFORMATION Date: September 23, 2013 Operating Department: Homeland Security Department Contact: Ted Quisenberry i Katie WestB Sent: To: Cc: Subject: From;Erienbeck, Robert <erlenbeckr@oakgov.com> Monday, September 23, 2013 12:07 PM 'West, Catherine'; 'Julie Secontine'; 'Karen Jones'; 'Laurie VanPelt'; 'Pat Davis' quisenberryt@oakgov,com; 'Stoddard, Sara'; 'Pisacreta, Antonio'; 'Metrick, Tammy' RE: GRANT REVIEW: Health & Human Services, Homeland Security - 2013 Emergency Management Performance Grant (EMPG) Grant Agreement - Acceptance Approved by Risk management. RE. 9/23/13. From: Sandy Johnson [mailto:3ohnsonS@oakQQv.coml Sent: Monday, September 23, 2013 9:39 AM To: 'West, Catherine'; 'Julie Secontine'; 'Karen Jones'; 'Laurie VanPelt'; 'Pat Davis' Cc: 'quisenberryt@oakgov.com'; 'Stoddard, Sara'; 'Pisacreta, Antonio'; 'Metrick, Tammy' Subject: RE: GRANT REVIEW: Health & Human Services, Homeland Security - 2013 Emergency Management Performance Grant (EMPG) Grant Agreement - Acceptance Please be advised that your request for Risk Management's assistance has been assigned to Bob Erienbeck (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 inciude Risk Management's assignment number RM13-0347 regarding this matter. From: West, Catherine ["mailto:westca(a)oakciov.coml Sent: Monday, September 23, 2013 9:17 AM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: quisenberrvt@oakQov.com: Stoddard, Sara; Pisacreta, Antonio; Metrick, Tammy Subject: GRANT REVIEW: Health & Human Services, Homeland Security - 2013 Emergency Management Performance Grant (EMPG) Grant Agreement - Acceptance TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Karen Jones-Julie Secontine - Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE - Health & Human Services, Homeland Security 2013 Emergency Management Performance Grant (EMPG) Grant Agreement Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: September 30, 2013 Thank you. GRANT REVIE W FORM i Katie WestBBSBBSHHHiflMMB From: Sent: To: Cc: Subject: Benn, Bradley G <bennb@oakgov.com> Monday, September 30, 2013 4:10 PM 'Quisenberry, Theodore H.'; 'Katie West' 'Milter, George' #2013-0897 FY2013 Emergency Management Performance Grant (EMPG) Acceptance (MSP_Homeland Security Division) I see no legal issue with the language in this grant. Approved. Bradley G. Benn Assistant Corporation Counsel Department of Corporation Counsel1200 N. Telegraph Road Bldg 14 East Courthouse West Wing Extension, 3rd Floor Pontiac, Ml 48341-0419 Phone: (248) 858-0558 Fax: (248) 858-1003 Email: bennb@oakQOv.com PRIVILEGED AND CONFIDENTIAL - ATTORNEY CLIENT COMMUNiCATiON This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney- client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in any way. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by .persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550, Thank you for your cooperation, 1 State of Michigan RICK SNYDER DEPARTMENT OF STATE v•) Y Dlboi. KRISTE WBBEY ETUE GOVERNOR Lansing DSRECTOR !IH SEP I b AKMtf September 412013 Dear Local Emergency Management Coordinator: Enctosed is the Fiscal Year 2013 (FY 2013) Emergency Management Performance Grants (EMPG) Program Grant Agreement package. Please return the required grant documentation listed on the enclosed Subgrantee Checklist to our office at the following address; Reimbursement for the EMPG program is contingent upon completion of the activities in the signed Emergency Management Work Agreement. In order to remain eligible for EMPG funding, current and adequate plans must be maintained and exercise requirements must be met. If a work activity is not completed in the designated quarter, reimbursement may not be made until the work is completed. The EMHSD district coordinators may make recommendations on reimbursement, but final approval remains with the Deputy State Director of Emergency Management and Homeland Security, who may or may not approve a delay in the compEetion of the activity. If work activities (for which funds have been withheld) have not been completed by the end of the fiscal year, forfeiture of those funds may be required, As a recipient of funding from the U.S. Department of Homeland Security (DHS), you are responsible for the management and fiscal control of all funds. These responsibilities include accounting for receipts and expenditures, maintaining adequate financial records, and refunding expenditures disallowed by federal or state audit For specific responsibilities and requirements, piease refer to Section H (Statutory Authority) and Section IV (Responsibilities of the Subgrantee) in the FY 2013 EMPG Grant Agreement, This grant agreement and all required attachments must be completed, signed, and returned no later than Monday. November 4. 2013. If this requirement is not met, this grant agreement will be invalid after November 4, 2013, unless a prior written exception is provided by the Michigan Department of State Pofice, Emergency Management and Homeland Security Division. Attention: Ms. June Martin Emergency Management and Homeland Security Division Michigan Department of State Police 4000 Coil ins Road Lansing, Michigan 48910 Sincerely, Chris A. Kelenske, Captain Deputy State Director of Emergency Management and Homeland Security Enclosures (7) EMERGENCY MANAGEMENT AND HOMELAND SECURITY DIV1SH3N • 4000 COLLINS ROAD • LANSING, www.nifchlgan.gov/msp • (517) 336-8190 MICHIGAN 48910 SUBGRANTEE CHECKLIST FY 2013 Emergency Management Performance Grants (EMPG) Grant Agreement CFDA No: 97.042 Submft the following items as necessary to: Attention: Ms. June Martin, Emergency Management and Homeland Security Division, Michigan Department of State Police, 4000 Collins Road, Lansing, Michigan 48910 SUBGRANTEE WILL NOT BE REIMBURSED FOR FUHDS UNTIL ALL REQUIRED SIGNED DOCUMENTS ARE RECEtVEDj 1. Grant Agreement (NOTE: There are two (2) sets of the Agreement enclosed. Please sign both, but retain one signed document for your records and return the other signed document) O 2. Standard Assurances G Certifications Regarding Lobbying; Debarment, Suspensfon and Other Responsibility Matters; and Drug-Free Workplace Requirements 4. State of Michigan Audit Certification (EMD-053) Post Reimbursement Requirements Participate with Subgrantor in an on-site monitoring of financial documents. Also retain financial records, supporting documents, and all other records pertinent to the grant for at least three years after the grant is closed by the awarding federal agency. Be sure to comply with Single Audit requirements of QMB Circular, A-133. If required, the Subgrantee submits audit copy to: Michigan Department of Education, Office of Audits, Hannah Building, 4th Floor, P.O. Box 30008, €08 West Allegan, Lansing, Michigan 48909. State of Michigan FY 2013 Emergency Management Performance Grants Grant Agreement October 1, 2012 to September 30, 2013 CFDA Number: 97.042 Grant Numlwr: EMW-2O13-EP-0Q026-SG1 This Fiscal Year (FY) 2013 Emergency Management Performance Grants (EMPG) grant agreement is hereby entered into between the Michigan Department of State Police, Emergency Managementand Homeland Security Division {hereinafter called the Subgrantor), and the County of Oakland (hereinafter called the Subgrantee) I. Purpose The purpose of this grant agreement is to provide federai EMPG funds to the Subgrantee for the development and maintenance of an emergency management program capable of protecting life, property, and vital infrastructure in times of disaster or emergency. The FY 2013 EMPG Program ptays an important role in the implementation of the National Preparedness System (MPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal {NPG) of a secure and resilient Nation. The objective of the NPS is to facilitate an integrated, all-of-Nation, risk informed, capabilities-based approach to preparedness. FY 2013 EMPG program activities will support activities described in the NPG. These activities include continued development and sustainment of core capabilities needed to close gaps and strengthen the Nation's preparedness. For more information on NPS, federally designated priorities, and the FY 2013 EMPG objectives, as well as guidance on allowable costs and program activities, piease refer to the FY 2013 EMPG Funding Opportunity Announcement focated at httpVMww.fema.govj'grants. II. Statutory Authority Authorizing authority for the FY 2013 EMPG is provided by the National Flood Insurance Act of 1968 {42 U.S.C. 4001 et seq}; Robert T, Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq ); Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.); Reorganization Plan No, 3 of 197B (5 U.S.C. App.); and, Section 662 of the Post-Katrina Emergency Management Reform Act of 2005 (PKEMRA), Public Law 109-295, as amended, (6 U.S.C, § 762), Appropriation authority is provided by the Department of Homeland Security Appropriations Act, 2013 (Public Law 113-6). The Subgrantee agrees to comply with all EMPG program requirements in accordance with the federai FY 2013 EMPG Funding Opportunity Announcement; the state EMPG Guidebook; the Michigan Emergency Management Act, Act 390, PA of 1978, as amended located at http://legisiature.mi.gQV/doc.aspx?mcl-Act-390~of-1976; and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended located at httpr/Anfww.fema.gov/robert-t-stafford-disaster-relief-and-emergency-assistance-act-public-law-SS^SB-amended. The Subgrantee also agrees to comply with regulations, includingMbut not limited to the following, as appiicabte: A. Administrative Requirements1 44CFR, Part 13, Uniform Administrative Requirements for Grants Qnd Cooperative Agreements to State and Local Governments (OMB Circular A-102)2, 2 CF R, Part 215, Unibrm Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations {OtAB Circular A-110) 3. 44 CFR, Part 10, Environmentat Considerations FY 2013 EMPG County of OaklandPage 2 of 10 B, Cost Principles 1. 2 CFR, Part 225, Cosf Prfnc/pfes for State, Local, and tod/an Tribai Governments (OMB Circular A-87) 2. 2 CFR, Part 220, Cosf Principles for Educational Institutions (OMB Circular A-215 3. 2 CFR, Part 230, Cosf Principles for Non-Profit Organizations (OMB Circular A-122} 4. 48 CFR, Part 31 Federal Acquisition Regulations (FAR), Contract Cost Principles and Procedures C, Audit Requirements and Other Assessments1 OMB Circular A-133, Audits of States, Local Governments, and Non-Proftt Organizations located at http:Wwsvw.whitehouse.gov/ombi/circulars_default 2. Public Law 107-300, Improper Paymentslnformation Act (IPiA) of 2002 located at http:0www.ciol .gov/ocfo/media/regsfl PIA, pdf D, Duplication of Benefits 1. There may not be a duplication of any federal assistance by governmental entities, per2 CFR Part 225, Basic Guidelines Section C.3 (c). 2. Non-govemmentel entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2. Code of Federal Regulations (CFR) documents are located online at http://www.ecfr.gov. III. Award Amount and Restrictions A. The County of Oakland fs awarded $54,890.00 under the FY 2013 EMPG. The Subgrantor determined the Subgrantee's EMPG ailocation as 38,0896% of the Subgrantee's emergency program manager's salary and fringe benefits. The Subgrantee may receive less than the allocated amount if the Subgrantee's cost share of wages and fringe benefits paid to the program manager are less than the total aifocation. The Subgrantee's EMPG program budget is documented on the "Local Budget for Emergency Management Performance Grant' (form EMD-17). 8. The FY 2013 EMPG covers eligible costs from October 1, 2012 to September 30, 2013. C. This grant agreement designates EMPG funds for the administration and oversight of an approved emergency management program. The Subgrantee may utilize grant funds for the reimbursement of salary, overtime, compensatory time off, and associated fringe benefits for the program manager, and up to 5% of the allocation may be utilized for M&A costs. No other expenditures are allowed. If M&A costs are claimed, a narrative must be submitted detailing the expenses that are included in these costs. The expenditures must be for new expenses only. D. The funds awarded in the grant agreement shall oniy be used to cover allowable costs that are incurred during the agreement period. Grant agreement funds shali not be used for other purposes. For guidance on allowable costs, please refer to the FY 2013 EMPG Funding Opportunity Announcement. E. In FY 2013, the EMPG Program has a 50% cost match (cash or in-kind) requirement, as authorized by the Ro&erf T. Stafford Disaster Relief and Emergency Assistance ^ct (Public Law 93-288), as amended, 42 U.S.C. 5121-5207, specifically, Title VI, sections 611(j) and 613. Federal funds cannot exceed 50% of eligible costs. Unless otherwise authorized by law, federal funds cannot be matched with otherfederal funds. The Federal Emergency Management Agency (FEMA) administers cost matching requirements in accordance with 44 CFR Part 13.24 or 2 CFR Part 215.23. To meet matching requirements, the grantee contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all federal requirements and regulations. See the FY 2013 EMPG Funding Opportunity Announcement for additional match guidance, to include match definitions, basic guidelines, and governing provisions. FY 2013 EMPG County of OaklandPage 3 of 10 F. AM EMPG funded personnel must complete training requirements for the National Incident Management System (NIMS) and the FEMA Professional Development Series (PDS) and recoitJ proof of completion. All EMPG funded personnel must also participate in no less than three exercises in a 12 month period. EMPG programs are required to fill out quarterly training reports (Quarterly Training Reporting Worksheet) and quarterly exercise reports {Quarterly Exercise Reporting Worksheet) identifying training and exercises completed during the quarter. Guidance for accomplishing these requirements will be provided by the Subgrantor. G. Upon request, the Subgrantee must provide to the Subgrantor information necessary to meet any state or federal subaward reporting requirements, H. For any activities involving construction, demolition, or installations of equipment, an Environmental and Historic Preservation (EHP) Review must be completed prior to any work being done. Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for federal funding. Responsibilities of the Subgrantee A. Grant funds must supplement, not supplant, state or local funds. Federal funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated for the same purpose. Potential supplanting witl be carefully reviewed in subsequent monitoring and in the audit. The Subgrantee may be required to supply documentation certifying that it did not reduce non-federal funds because of receiving federal funds. Federal funds cannot be used to replace a reduction in non-federal funds or solve budget shortfalls in general fund programs. B. Refer to the FY 2D13 EMPG Funding Opportunity Announcement located at http:tfwww.fema.gov/grants, for a detailed list of eligible costs under this grant. Allowable costs are specifically addressed in Appendix C of the federal grant guidance. C. The Subgrantee agrees to comply with all applicable federal and state guidelines and regulations, including, but not limited to the FY 2013 EMPG Funding Opportunity Announcement and the Agreement Articles Applicable to Subgrantees: Fiscal Year 2013 Emergency Management Performance Grants. Each of these documents is incorporated by reference into this grant agreement The Agreemeni Articles Appticabfe to Subgrantees: Fiscal Year 2013 Emergency Management Performance Grants document is enclosed with the grant agreement packet for reference, D. In addition to this grant agreement, the Subgrantee shatl complete, sign, and submit to the Subgrantor the following documents, which are incorporated by reference into this grant agreement: 1. Standard Assurances2. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements 3. State of Michigan Audit Certification (EMD-053) 4. Other documents that may be required by federal or state officials E. Complete quarterly work reports, the Quarterly Training and Exercise Worksheet, and the Annual Training and Exercise Plan Worksheet in accordance with the Emergency Management Fiscal Year 2013 Work Agreement (EMD-31), as scheduled. F. Enact enabling legislation establishing the local emergency management program and ensure a copy of the local resolution or ordinance is on file with the Subgrantor. G. Appoint an emergency management program manager who is able to assume responsibility forthe following functions, either personally or through officers: FY 2013 EM PG County of Oakland Page 4 of 10 1. Development and maintenance of programs and systems for effective coordination of community resources in each of the five mission areas: prevention, protection, mitigation, response, and recovery. 2. Planning and preparation for population protection, including evacuation, shelter/reception, logisticsand resource management. Ensure that Executive Order #13347 entitled "Individuals with Disabifities in Emergency Preparedness" and the Rehabilitation Act of 1973 are being addressed. Further information can be found at the Disability Preparedness Resource Center located at www. dhs. g ov/disab ilitypreparedness 3. Planning and preparation for its appropriate role in response to natural and man-made emergencies and disasters. 4. Exercising the emergency operations plan of the jurisdiction. 5. Emergency managem ent train ing. 6. Response and recovery from natural and man-made hazards, homefand security related incidents, and other emergencies that may threaten the safety and well-being of citizens and communities. 7. Promoting public awareness of hazards and encouraging family and indivklual preparedness, 8. Identifying and impfementing measures to mitigate the negative impact of disasters and emergencies. 9. Comply with National Incident Management System (NIMS) requirements to be eligible to receive federal preparedness funds. NIMS information is available at http://www.fema.gov/ernergency/mms, More information on complying with NIMS is available from the State NIMS Coordinator. 10. Identify needs and priorities for strengthening capabilities, while simultaneously addressing issues of state and national concern through implementation of the National Preparedness System and achievement of the core capabilities. H. Provide the Subgrantor with complete job description for the federally funded EMPG program manager, including non-EMPG duties. I. Notify the Subgrantor immediately of any changes in the EMPG funded program manager's position. J. The Subgrantee will contribute to the development and maintenance of the state's multi-year Training and Exercise Plan (TEP) and conduct exercises that comply with local, state, and federal requirements, including the Homeland Security Exercise and Evaluation Program (HSEEP) to accomplish this goal. Specific requirements are as follows: 1. Exercises must be conducted by the Subgrantee at least annually. 2. Exercises must compfy with the Subgrantee's Emergency Management Annual Work Agreement. 3. The Subgrantee must also submit a three-year exercise plan worksheet reflecting upcoming training events and exercises which are to be included in the annual state multi-year Training and Exercise Plan. 4. An After Action Report/Improvement Plan (AAR/IP) shall be compfeted for each exercise and submitted to the Michigan State Police, Emergency Management and Homeland Security Division (EMKSD) State Exercise Officer. K. Ensure the EMPG funded program manager completes specific training classes as required by the Annual Work Agreement for FY 2013. L. Have an approved and current emergency operations plan on fie with the EMHSD District Coordinator. M. The Subgrantee agrees to prepare the form EMD-OO? "EMPG Expenses Claimed for Local Program Contributions". The EMD-007 form is also referred to as the "Quarterly Billing". The Subgrantee agrees to submit this form with supporting documentation, including all required authorized signatures and required reimbursement documentation, to the appropriate District Coordinator no later than 20 days following the end of each quarter. The most current EMD-0Q7 form must be used or the reimbursement request will not be processed. The most current "Quarterly Billing" form" {EMD-0Q7) can be obtained from the District Coordinator. N. Comply with applicable financial and administrative requirements set forth in the current edition of 44 CFR, Part 13 including, but not limited to, the following provisions: FY 2013 EMPG County of Oakfand Page 5 of 10 1. Account for receipts and expenditures, maintain adequate financial records, and refund expenditures disallowed by federal or state audit.2. Retain all financial records, statistical records, supporting documents, and other 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.3. Perform the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133, At/d/teofStefes, Local Governments, and Non-Profit Organizations, as further described in 44 CFR, Part 13. O. Integrate individuals with disabilities into emergency planning incompliance with Executive Order 13347 and the RehabiHtathn Act of 1973. P. Environmental and Historic Preservation Compliance. The federal government is required to consider the potential impacts to the human and natural environment of projects proposed for federal funding. The Envirortmental and Historic Preservation (EHP) Program engages in a review process to ensure mat federally-funded activities comply with various federal laws. The goal of these compliance requirements is to protect our natron's water, air, coastal, wildlife, agricultural, historical, and cuftural resources, as well as to minimfze potential adverse effects to children and low-inoome and minority populations. The Subgrantee shall not undertake any project havfng 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. Q. Comply with the Daws-Bacon Acf (40 U.S.C. 3141 efseg.), if the Subgrantee uses grant funds for construction projects. The Subgrantee 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 httpi/Aivww.dol.gov/whd/govcontractSj'dbra.htm. R. Complete requirements related to the Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Publk; Law 109-282), as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (Publfc Law 110-252). S. Complete additional reporting requirements for the fourth quarter, ending September 30,2013. Guidance for accomplishing these requirements will be provided by the Subgrantor. T, The Subgrantee must acknowledge and agree to comply with applicable provisions governing U.S.Department of Homeland Security (DHS) access to records, accounts, documents, information, facilities, and staff; including, but not limited to, items (a) through (e) below. Detailed information on record accessprovisions can be found In the DHS Standard Administrative Terms and Conditions located at Section 6.1.1 of http://www.dhs.gQV/xlibrary/,assets/cfo-financial-rnanagement-policy-manua1.pdfJ specifically in the DHS Specific Acknowledgennents and Assurances on pages 8 and 9. The Subgrantee also agrees to require any sub recipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with these same provisions:1. Cooperate with any compliance review or complaint investigation conducted by DHS. 2. Permit DHS access and rights to examine and copy records, accounts, other documents, and other sources of information refated to the grant; and permit access to facilities, personnel, and other individuals and information as may be necessaiy, as required by DHS regulations, by other applicable laws, or by program guidance.3. Submit timely, complete, and accurate reports to the Subgrantor and maintain appropriate backup documentation to support the reports.4. Comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Provide a list of all proceedings, pending or compieted during the past three years, involvingaccusations of discrimination on the grounds of race, color, national origin (including limited English FY 2013 EMPG County of OaklandPage 6 of 10 proficiency), sex, age, disability, religion, or familial status. Reporting must be made to the Subgrantor and include outcomes and copies of settlement agreements V. Responsibilities of the Subgrantor The Subgrantor, in accordance wiUi tie general purposes and objectives of this grant agreement, will: A. Administer the grant in accordance with all applicable federal aid state regulations and guidelines and submit required reports to the awarding federal agency. B. Provide direction and technical assistance to the Subgrantee. C. Provide to the Subgrantee any special report forms and reporting formats (templates) required for ad mi nistration of the progra m. D. Reimburse the Subgrantee, in accordance with tiis grant agreement, in an amount not to exceed 50% of allowable expenditures, up to the Subgrantee's total EMPG award, based upon appropriate reports, records, and documentation submitted by the Subgrantee. Quarterly reimbursements will be determined by the amount of the program manager's salary and fringe benefits or M&A costs submitted. E. At its discretion, independently, or in conjunction w'rth the federal awarding agency, conduct random on- site reviews of the Subgrantee. VI. Reporting Procedures A. The Subgrantee agrees to prepare quarterly work reports using the "Emergency Management Fiscal Year 2013 Work Agreement/Quarterly Reports Form" (EMD-31) and submit them to the appropriate DistrictCoordinator no later than 20 days following the end of each quarter. Reimbursement of expenditures by the Subgrantor is contingent upon the Subgrantee's completion of schedufed work activities. B. If the Subgrantee fails to complete the scheduled work activities during a quarter, the Subgrantor will withhold reimbursement until either the work is completed or the Deputy State Director of Emergency Management and Homeland Security approves a delay in the completion of the activity If scheduled work activities are not completed by the end of the fisca! year, September 30, 2013, any balance of the EMPG award may be forfeited. C. A Subgrantee that fails to complete the annual exercise requirement, as schedufed within FY 2013, may be ineligible for EMPG funding for that quarter and all remaining quarters of FY 2013, and all subsequent quarters until the quarter when the qualifying exercise is completed. D. The Subgrantee's failure to fulfill the quarterly reporting requirements, as required by the grant, may result in the suspension of grant activities until reports are received. E. Reporting periods and due dates are as follows: October 1 through December 31; Due January 20 January 1 through March 31; Due April 20 April 1 through June 30; Due July 20 July 1 through September 30; Due October 20 FY 2013 EMPG County of OaklandPage 7 of 10 VII. Payment Procedures A, The Subgrantee agrees to prepare the form EMO-OQ? "EMPG Expenses Claimed for Local Program Contributions". The EMD-G07 form is also referred to as the "Quarteriy Billing". The Subgrantee agrees to submit tfiis form with supporting documentation, including all required authorized signatures and requiredreimbursement documentation, to the appropriate District Coordinator no fater than 20 days following the end of each quarter. The most current EMD-QQ7 form must be used or the reimbursement request will not be prooessed. The most current "Quarterly Billing' form" {EMD-00?) can be obtained from the District Coordinator. B, If the Subgrantee submits an fncompiete or late quarterly work report to the District Coordinator, the billing may not be processed until the following quarter. C, The Subgrantee agrees to return to theSubgrantorany unobligated balance of funds held.by the Subgrantee at the end of the agreement period or handle them in accordance with the Instructtons provided by the Subgrantor. VIII. EmployEnent Matters The Subgrantee shall comply with Title Vl of the CM Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968; Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act); the Age Discrimination Act of 1975; Titles I, II and III of the Americans with Disabilities Act of 1990, the Efliott-Larsen Qvtt Rights Act, 1976 PA453, as amended, MCL 37,2101 etseq.; the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 etseq., and all other federal, state and local fair employment practices and equal opportunity laws and covenants. The Subgrantee shall not discriminate against any employee or applicant for employment, to be employed in the performance of this grant agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment; or any matter directly or indirectly related to employment because of his or her race, religion, color, national origin, age. sex, height, weight, marital status, limited English proficiency, or handicap that is unrelated to the individual's ability to perform the duties of a particular job or position, The Subgrantee agrees to include in every subcontract entered into for the performance of this grant agreement this covenant not to discriminate in employment, A breach of this covenant is a material breach of the grant agreement, The Subgrantee shall ensure that no subcontractor, manufacturer, or supplier of the Subgrantee for projects related to this grant agreement appears on the Federal Excluded Parties List System located at http:tfwww.sarn.gov. IX. Limitation of Liability The Subgrantor and the Subgrantee to this grant agreement agree that each must seek its own legal representative and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. This is not to be construed as a waiver of governmental immunity for either party, X. Third Parties This grant agreement is not intended to make any person or entity, not a party to this grant agreement, a third party beneficiary hereof or to confer on a third party any rights or obligations enforceable in theirfavor. FY 2013 £MPG County of OaklandPage 8 of 10 XI. Grant Agreement Period This grant agreement is in full force and effect from October 1,2012 to September 30, 2013. No costs eligible under this grant agreement shall be incurred before the starting date of this grant agreement, except with prior written approval. This grant agreement consists of two identical sets, simultaneously executed; each is considered an original having identical fega! effect. This grant agreement may be terminated by either party by giving thirty (30) days written notice to the other party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms of the grant agreement. Upon any such termination, the Subgrantee agrees to return to the Subgrantor any funds not authorized for use, and the Subgrantor shall have no further obligation to reimburse the Subgrantee. X9I. Entire Grant Agreement This grant agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents, and representations between the Subgrantor and the Subgrantee, whether expressed, implied, or oral. This grant agreement constitutes the entire agreement between the parties and may not be amended except by written instrument executed by both parties prior to the grant end date. No party to this grant agreement mayassign this grant agreement or any of his/her/its rights, interest, or obligations hereunder without the prior consent of the other party. The Subgrantee agrees to inform the Subgrantor in writing immediately of any proposed changes of dates, budget, or services indicated in this grant agreement as well as changes of address orpersonnel affecting this grant agreement. Changes in dates, budget, or services are subject to prior writtenapproval of the Subgrantor. If any provision of this grant agreement shall be deemed void or unenforceable, the remainder of the grant agreement shall remain valid. The Subgrantor may suspend or terminate grant funding to the Subgrantee, in whole or in part, or other measures may be Imposed for any of the following reasons; • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. • Failure to comply with the requirements or statutory objectives of federal or state law. • Failure to make satisfactory progress toward the goals or objectives set forth in the work agreement. • Faifure to follow grant agreement requirements or special conditions. • Faifure to submit required reports. • Filing of a false certification in the application or other report or document. Before taking action, the Subgrantor will provide the Subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. XIII. Business Integrity Clause The Subgrantor may immediateiy cancel the grant without further liability to the Subgrantor or its employees if the Subgrantee, an officer of the Subgrantee, or an owner of a 25% or greater share of the Subgrantee is convicted of a criminal offense incident to the application for or performance of a state, public, or private grant or subcontract; or convicted of a criminal offense, including but not limited to any of tie following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under state or federal antitrust statutes; or convicted of any other criminal offense which, in the sole discretion of the Subgrantor, reflects on the Subgrantee's business integrity. FY 2013 EMPG County of OaklandPage 9 of 10 XIV. Freedom of Information Act (FOIA) Much of the information submitted in the course of applying for funding under this program, or provided in the course of grant management activities, may be considered law enforcement-sensitive or otherwise criticaHo national security interests. This may include threat, risk, and needs assessment information; and discussions of demographics, transportation, public works, and industrial and public health infrastructures. Therefore, eachSubgrantee agency Freedom of Information Officer will need to determine what information is to be withheld on a case-by*case basis. The Subgrantee should be familiar with the regulations governing Protected Critical Infrastructure information (6 CFR Part 29) and Sensitive Security information (49 CFR Part 1520), as these designations may provide additional protection to certain classes of homeland security information. FY 2013 EMPG County of Oakland Page 10 of 10 XV. Official Certification For the Subarantee The individual or officer signing this grant agreement certifies by his or her signature that he or she is authorized to sign this grant agreement on behalf of the organization he or she represents. The Subgrantee agrees to complete all requirements specified in this grant agreement, County of Oakland Name of Subgrantee Subgrantee's DUNS Number For the Chief Elected Official; Printed Name Titte Signature Date For the Local Emergency Program Manager: Printed Name Title Signature Date For the Subarantor (Michigan State Police. Emergency Management and Homeland Security Division) Chris A. Kelenske, Captain Deputy State Director of Emergency Management and Homeiand Security Printed Name Title 8/30/2013 Signature Date OMB APPROVAL NO, 1121-0140EXPIRES 06/30/2009 STANDARD ASSURANCES The Applicant hereby assures and certifies compKance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-HO, A-122, A- 133; Ex, Order 12372 {imergovemmeiital review of federal programs); and28CF.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions fora purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine ail paper or electromc records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18,22, 23, 30, 35, 38,42, 61, and 63, and the award term in 2 C.F.R. 5175.15(b). 5. It will assist the awarding agency (if necessary) m assuring compliance with section 106 of the National Historic Preservalion Act of 1966 (16 U.S.C § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 US.C§ 469 a-1 etseq.), and the National Environmental Policy Act of 1969(42 U.S.C §4321). 6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(e)); The Juvenile Justice and Delinquency Prevention Act of2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C § 2OO0d); the Rehabilitation Act of 1973 (29 U.S.C. §7 94); the Americans with Disabilities Act of 1990(42 U.S.C.§ 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 7. If a governmental entity- a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.g 4601 et seq.)? which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Signature Date Date U.S. DEPARTMENT OFJUSTICE OFFICE OFJUSTICE PROGRAMS OFFICE OFTHE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer la Ihe regulations cited below lo delermine the certification to which they are required to attest. Applicant's should also review the instructions for certification iacluded in the regulations before completing Ihis form. Signalure of this fo/m provides lor compliance wilh certificaticm requirements under 28 CFR Part 69, "New Restrictions or Lobbying* and 28 CFR Part 67, 'Government-wtde Debarment and Suspension (Nonpro-curement) and Government-wide Requirements for Drug-Free Workplace {Grants}." The cerlificalions shall be treated as a material representation of fact upon which reliance will be pfaced when Ihe Deparlment ol Justice determines to award Jhe covered Iransaction, grant, or cooperalive agreement. t. LOBBYING As requi red by Section 1352, Title 31 of the U. S. G ode, a ndImplemented at 28 CFR Part S9, for persons entering Into agrant or cooperative agreement over $100,000, as defined al 28 CFR Part 69, ttia applicant certifies that: fa) No Federal approprialed funds have been paid or will be paid, by oj on behalf of Hie undersigned, lo any person for in¬ fluencing or altempting to influence an officer or emplo-yee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in con¬nection with ihe making of any Federal grant, the entering into ot any cooperative agreemenl, and Ihe extension, continuation, renewal, artiendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than FederaF appropriated funds havebeen paid or w3EI be paid to any person for influencing or at¬tempting to influence an officer or employee of any agency, a Member of Congress, an olflcer or empfoyee ol Congress, oran employee of a Member of Congress m connection with thfsFederal grant or cooperative agreement, the undersigned shall compleS-e and submil Standard Form - LLL, "Disclosure ofLobbying Activities," in accordance with Its Snslruclions; (c) The undersigned shall require that the language of Ihis ce;-tificaiion be Included in the award documents for all subawards at all tiers {incfuding subgranfe, contracts under granls and cooperative agreements, and subcontracts) and lhat all sub-recfpienfs shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHERRESPONSIBILITY MATTERS(DIRECT RECIPIENT} As requl/ed by Execulive Order 13549, Debarment andSuspension, and impfemented at 2B CFR Part 67, for prospec¬ tive participants in primary covered iransactions, as defined at28 CFR Part 67, Section 67.510— A. The applicant certifies thai it and its principals: (a) Are not presently debarred, suspended, proposed for debar¬ment, declared ineligible, sentenced to a denial of Federalbenefils by a State or Federal court, or volunlarlly excluded from covered Iransactions by any Federal depaitment or agency; (b) Have not within a three-year period preceding this applica¬tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec¬ tion wilh oblalning, attempling lo obtain, or perfoiming a publ ic {Federal, State, or local) transaclion or contract under apublic transaction; vioJation of Federal or State antitrust slalutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; {c) Are not presently indicted for or otherwise criminally orcivilly charged by a governmental entity {Federal, Stale, or local)-with corrmisslon of any of the offenses enumera'ed in paragraph (t)(b) of this certification; and (d) Have notvwthtn a three-year period preceding this applica¬ tion had one or more public Iransactions (Federal, State, orlocal) terminated for cause or default; and B, Where the applicant is unable to certify lo any of the statements in this certificaUon, he or she sTiall attach anexplanation to this application. 3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, andimpierrented at 28 CFR Part67, Subpart F, for grantees, asdefined at 28 CFR Part 67 Sections 67.615 and 67,620— A. The applicant certifies lhat II will orwill conlinue lo provide a drug-free workplace by; {a) P u bl ishing a stale men t notifying employe es that ihe unlawful manufaclure, disfrbution, dispensing, possession, o/use of a controlled substance is prohibited in the grantee'sworkplace and specifying the aclions that wili be taken againstemployees for violation of such prohibition; (b) Eslablishing an on-going drug-free av;areness program to inform employees about— (1) The dangers of drug abuse in the workplace; {2) The grantes's policy of maintaining a drug-free svorkplace; (3) Any avaiiable drug counseling, rehabilitation, and empfoyee asslslance programs; and (4) The penalfes that may be imposed upon employees fordrug abuse violalions occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance at the grant be given a copy of ihe slate- ment required by paragraph (a); .(d-J Notifying the employee la Ihe slatemenl required by para¬graph (a) that, as a condition of employment underthe grant,the employee wili— OJP FORM 4051 ,'6 {3-91) REPLACES OJP FORMS 4061/3 AND 4-061/4 WHICH ARE OBSOLETE, {I) Abide by the lerms of the statement; and (2)' Notify Uifl employer in wriling of fiis or herconviclion "for aviolation of a crimiiial drug statute oocurring In the workplaceno later than fiv& calendar days after $iich convtetiort; {e} NoUfylng the agency, In w/itlng, within 1D calendar cfaysaft&r receiving noii&B cnder subparagraph {d){2) from an employee or otherwise receiving acluat notice of such convic-tlon.Employers of convicted employees must provide notice, includingposition titfe, to: Departtrenl of Justice, Office ofJustice Programs, ATTN: Control Desk, 633 Indiana Avenue, W.W.j Washington, D.C. 2.0531. Notice shali include (heiden-lification numbers) of each affecled grant; (f) TaWng one of the following actfons, within 30 calendardays of receiving notice under subparagraph {d)(2), withrespect to any employee who Is so convicted— <1} TaWng appropriale personnel action againsl such anemployee., up to and including termination, eonaisten! with Iherequirements of the RehabElitation Acl of 1973, as amended; or (2) Requirincr such employee lo participate salisfactorily in a drug abuse asaislance or rehabilitation program approved for such purposes by a Federal, State., or local health, law enforce¬ ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b),(c). (d), (e), and <f). B. The grantee may Insert in the space provfded below thesite(s) for lti& performance of work done in connection w5ththe specific grant: PI ace of Performance (Street address, cify, counly, state, zipcode) Check ÿ inhere are workplaces on file that are not indentified here. Section 67,630 of the regulations provides that a grantee thaiIs a Stale may elect to make one ceriifieation in each Federalfiscal year-A copy ol which should be included with each ap¬plication for Department of Justice funding. Stales and Stale agencies may elect to use OJP Form 4061/7. Check ÿ if the State has elected to complete OJP Form4061/7, DRUG-FREE WORKPLACE(GRANTEES WHO ARE INDIVIDUALS) As required by the Druu-Free Workplace Act of 1986, andtmpEemenled at 28 CFR Part 67, Subpart F, for grantees, asdefined al 28 CFft Part 67; Sections 67.615 and 67.620— A. As acondition of the grant, I certify that I will nol engage in Ihe unlawful manufacture, distfibution, dispensing, posses¬ sion, or use of a controlled substance in conducting anyactivity wilh the grant; and B, tf convicted of a criminal drug offense resulting l/om avlolalion occurring during the conduct of any granl activity, Iwill report the conviction, in writing, wilhln 10 calendar daysof the convicticn, to: Department of Jusllce, Office of JusticePfograms, ATTN: Conlrol Desk, 810 Seventh Street NW., Washington, D3 20S-31. As the duly authorized representative of the appllcanl, I hereby certify Ihat Ihe applicanl will comply with Ihe above certifications. 1. Grantee Name and Address: 2. Appllcalion Mumber and/orProjecl Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative 5. Signature *>• Date "U.S. Gowmwivt Prire'ngCMie: 1S95 - 4D6-D8TMC0H EMD-053 (03-20043MICHIGAN STATE POLICE Emergency Management & Homeland Security DMstorc STATE OF MICHIGANaudit certification Federal Audit Requirements Fiscal Years Beginning After June 30,1996 Non-federa! organizations which expend $500,000 or more in federal funds during their fiscal year are required to have an audit performed in accordance with the Single Audit Act of 1964, as amended, and Office of Management and Budget (OMB) CircufarA-133. Subqrantees must submit a copy of their audit report to: Michigan Department of Education, Office of Audits, Hannah Building, 4" Floor, P.O. Box 30008, SOS West Aifegan, Lansing, Michigan 48909, for each year they meet the funding threshold. Program: FY 2013 Emergency Management Performance Grants (EMPG> CFDA Number: 97.042 Subgrantee Information Jurisdiction Name: StreetAddress: City, State, Zip Code: Certification for Fiscal Year Ending (mm/dd/yyyy): {Check appropriate box) I | I certify that the subgrantee shown above does not expect it will be required to have an audit performed under — the Single Audit Act of 1984, as amended, and the OMB Circufars as revised, for the above listed program. | I I certify that the subgrantee shown above expects it will be required to have an audit performed under the 1—1 Single Audit Act of 1984, as amended, and the OMB Circufars as revised, during at least one fiscal year funds are received for the above listed program. A copy of the audit report will be submitted to: Michigan Department of Education, Office of Audits, Hannah Building, 4 Ficor, P.O. Box 30008,608 West Allegan, Lansing, Michigan 48909. (Signature of Subgrantee's Authorized Representative) (Date) Please mail completed form to: Attention: Ms, June MartinEmergency Management and Homeland Security Division Michigan Department of State Police 4000 Collins Road Lansing, Michigan 48910 For MSP- ENID Use Only Reviewed By: Date: Authortty: Act 390, P. A. of 1976, as amended Completion: Voluntary, but completionriecessary to be considered far assistance. Agreement Articles Applicable to Subgrantees Fiscal Year 2013 Emergency Management Performance Grants Article 1 - Federal Debt Status All recipients are required to be non-delinquent in their repayment of any Federal debt Examples of relevant debt include delinquent payroll and other taxes, audit disaflowances, and benefit overpayments. See OMB Circufar A-129 and form SP-424, item nunnber 17 for additional informattoii and guidance. Article II - False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which detaits the administrative remedies for false claims and statements made. Article III - Duplication of Benefits State, Local and Tribal Recipients mustoompiy with 2 CFR Part §225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particulaf Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. Article IV - Drug-Free Workplace Regulations All recfpients must comply with the Drug-Free Workpface Act of 1S8& {412 U.S.C. § 701 etseq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. These regulations are codified at 2 CFR 3001. Article V - Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed frresponsibie in their dealingswith the Federal government Article VI - Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced underFederal financial assistance awards, uniess the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or exportcontrcri laws or regulations). Article VII - Best Practices for Collection and Use of Personally Identifiable Information (Pll) All award recipients who collect Pll are required to have a publically-availabie privacy policy that describes what Pll they collect, how they use the PJJ, whether they share Pll with third parties, and howindividuals may have their Pll corrected where appropriate. Award recipients may aiso find as a useful resource the DHS Privacy Impact Assessment: http:/Avww.dhs.gov/xl i brary/assetsyprivacy/privacy_pia_g uidanceJu ne2010. pdf and http://www.dhs.gov/xlibrary/assets/privacy/privacy_piajemplate.pdf, respectiveEy. Article VIM - Activities Conducted Abroad Afl recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article tX - Acknowledgement of Federal Funding from DHS AI3 redpients must acknowJecfge their use of federal funding when issuing statements, press releases, requests for proposafs, bfcJ invitations, and other documents describing projects or programs funded inwhole or in part with Federal funds. Article X • Assurances, Administrative Requirements and Cost Principles a Recipients of DHS federal financia! assistance must complete OMB Standard Form 424B Assurances- Non-Construction Programs. Certain assurances in this form may not be applicable to your project or program, and the awarding agency may require applicants to certify to additional assurances. Pleasecontact the program awarding office if you have any questions. The administrative requirements that apply to DHS award recipients originate from two sources: o Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Locaf Governments (also known as the UA-102 Common Rule"). These A-102 requirements are aiso located within DHS regulations at Title 44, Codeof Federal Regulations (CFR) Part 13. OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations, relocated to 2 CFRPart 215. b. The cost principles that apply to DHS award recipients through a grant or cooperative agreementoriginate from one of the following sources: 0 OMB Circular A-21, Cost Principles for Educational Instrtutions, relocated to 2 CFR Part 220. * OMB Circular A-S7, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2CFR Part 225. OMB Circular A-122, Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230. TJie audit requirements for State, Local and Tribal recipients of DHS awards originate from: OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Article Xl - Fly America Act of 1974 All recipients must comply with Preference for U.S, Flag Air Carriers; Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118} and the interpretative guidelines issued by the Comptroller General of the United States in the March 31,1981, amendment to Comptroller GeneralDecision B138942. Article Xll - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. §2225(3), all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal FirePrevention and Control Act of 1974, 15 U.S.C. §2225. Article XIII ¦ Lobbying Prohibitions All recipients must compty with 31 U.S.C. § 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence anofficer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress h connection with any Federal action concerning the award or renewaL ArticleXIV-Non-supplanting Requirement All recipients must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. Applicants or award recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Article XV < Trafficking Victims Protection Act of 2000 AJI recipients of financial assistance will comply with the requirements of the government-wide award term which impfements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No, 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding Is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to inciude a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient — (a) Engages fn severe forms of trafficking in persons during the period of time that the award is in effect (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced iabor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. Article XVi - USA Paitriot Act of 2001 All recipients must comply with the requirements, of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends18 U.S.C. §§ 175-175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, Article XVII - Use of DHS Seal, Logo and Flags AIJ recipients must obtain DHS's approval prior to using the DHSseal{s), logos, crests or reproductions of flags or likenesses of OHS agency officiais, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XVIII - DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree—and require any sub-recipients, contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by OHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other Individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data colfection, and evaluation requirements, as prescribed by law or detaiied in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin {including limited English proficiency), sex, age, disability, religion, orfamiliaf status, the recipient must provide a list ofalJ such proceedings, pending or completed, including outcome andcopies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. S. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficieney), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Articfe XIX - Compliance with Funding Opportunity Announcement The redplent agrees that all allocations and use of funds under this grant will be in accordance with the Funding Opportunity Announcement. Article XX - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the a ward document after an award has been made, inciuding changes to period of performance or terms and conditions, recipients wilt be notified of the changes in writing. Once notification has been made, any subsequent request for funds willindicate recipient acceptance of the changes to the award. Ptease call the FEMA/GMD Call Center at (866) 927-5546 or via e-mail to ASK-GMD@dhs.gov if you have any questions. FISCAL NOTE (;MISC. #13271) October 17, 2013BY; FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSONIN RE: HEALTH AND HUMAN SERVICES - HOMELAND SECURITY DIVISION - PERFORMANCE GRANT AGREEMENT FOR FISCAL YEAR 2013 ACCEPTANCETO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule Xll-C of this Board, the Finance Committee has reviewed the above referenced resolutions and finds: 1. Oakland County has been awarded grant funding by the State of Michigan in the amount of $54,890 for the development and maintenance of an emergency management program capable of protecting life, property and vital infrastructure in times of disaster or emergency with a 50% grant match and source in the amount of $54,890 for a total of $109,780 in funding for this program. 2. The funding period is October 1, 2012 through September 30, 2013. 3. This is the 41st year of grant acceptance for this program. 4. The FY 2013 Emergency Management Performance Grant (EMPG) award granted by the State funds a portion of salary and fringe benefits of the Homeland Security Manager's salary and fringe benefits, (position #09864). 5. The County's portion of the grant match is comprised of in-kind support from the salary of the Manager of Homeland Security. 6. No additional personnel are required. 7. Revenue and expenses from this agreement are included in the Adopted Budget. No budget amendment is required. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Crawford absent. Resolution #13271 October 17, 2013 Moved by Hoffman supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingeil, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middieton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, 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 October 17, 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 17th day of October 2013, 1 HERiBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL45.559A (7) Lisa Brown, Oakland County